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Min 03/07/1978 574 Wichita Falls, Texas Memorial Auditorium Building March 7 , 1978 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. Jerry Mathis Mayor Hardy McAlister Fred E. Bassett Carol Russell Aldermen Ray Ashbrook W. E. Ryle Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by W. Jackson Beyerly, Fain Presbyterian Church. Item 3 Moved by Alderman Ryle that minutes of the meeting held February 21 , 1978, be approved. Motion seconded by Alderman Ashbrook. Mayor Mathis noted a correction in wording from Mayor to Alderman Place Four at the top of the second page. The motion was carried unanimously. Items 4 through 10 Alderman Ryle requested that Item 7a be removed from the consent agenda for later discussion. Moved by Alderwoman McCullough that Items 4a through 10a, except Item 7a, be approved. Motion seconded by Alderman Bassett. J} Item 4a ORDINANCE NO. 3289 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 5a ,ORDINANCE NO. 3290 ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF ORDINANCES, CHANGING THE TIME OF THE FIRST REGULAR MEETING OF THE BOARD OF ALDERMEN IN APRIL, 1978 to 8:30 O'CLOCK A. M. ON APRIL 3, 1978. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6a , RESOLUTION NO. 2104 RESOLUTION APPROVING THE VALUE OF PROPERTY OWNED BY THE CITY OF WICHITA FALLS AND AUTHORIZING THE SALE TO THE STATE OF TEXAS FOR KELL FREEWAY. 575 Item 6a, cont'd. WHEREAS, the City of Wichita Falls and the State Department of Highways and Public Transportation are co-operating in the construction of Kell Freeway, Project 52-380, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, by contract signed January 31 , 1968, the City and the Texas Highway Department agreed that they would share equally in the cost of the right-of-way for this project; and , WHEREAS, the said contract between the State Department of Highways and Public Transportation and the City of Wichita Falls was modified August 2, 1977 to provide that the State Department of Highways and Public Transportation should provide ninety per cent (90%) of the right-of-way cost and the City of Wichita Falls should provide ten per cent (10%) of the right-of-way cost for Kell Freeway; and, WHEREAS, the parcel hereinafter described is owned by the City of Wichita Falls and the State Department of Highways and Public Transportation has approved a value of Nine Thousand and no/100 ($9,000.00) for such parcel which is required for right-of-way for this project; and WHEREAS, the State Department of Highways and Public Transportation will pay the City an amount equal to ninety percent (90%) of the total value of this parcel required for right-of-way as soon as a deed thereto from the City to the State of Texas has been delivered and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager, acting for and in behalf of the City of Wichita Falls, is hereby authorized and directed to execute a deed conveying unto the State of Texas the following tract or parcel of land situated in Wichita County, Texas, to-wit: Parcel Number 767 which is specifically described in the records of this project on file in the office of the Department of Public Works in the City of Wichita Falls. The consideration for such deed shall be the sum of ninety percent (90%) reimbursement of the value of Nine Thousand and no/100 Dollars ($9,000.00) for the said property under the terms of the above mentioned contract. Such deed shall reserve all of the oil , gas and sulphur under the land conveyed , but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deed shall contain a general warranty. Ayes: Mayor Mathis , Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6b RESOLUTION NO. 2105 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by appraisers employed by the 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 0.585 of one acre Day Land & Cattle Co. Sur. Abs. No. 610 Part of Blk. 204, Highland Addn. 0.635 acre Day Land & Cattle Co. Sur. Abs. No. 610, Block 164 Highland Addition. 576 Item 6b, cont'd. 233 sq. ft. of Lot 1 and Lot 9, Block 28-A Highland Addition. 0.009 acre Cyrus Eakman Survey Sec. No. 2 SPRR Company, Abstract 450. 0.022 acre SPRR Company Survey No. 1 Abs. No. 281 . Combined total of values approved in this resolution $61 ,510.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the State of Texas or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right- of-way map. The authorized price to be paid for such tracts is State approved values as determined from appraisals made by real estate appraisers employed by the 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. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6c ,/RESOLUTION NO. 2106 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS DESIGNATING GERALD G. FOX, CITY MANAGER, AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF WICHITA FALLS IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WICHITA FALLS IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578) , authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S. , for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Wichita Falls is fully eligible to receive assistance under this Program; and WHEREAS, the Board of Aldermen of the City of Wichita Falls is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: Section 1 : That the Board of Aldermen of the City of Wichita Falls hereby certifies that the City of Wichita Falls is eligible to receive assistance under Public 88-578; as augmented by Article 6081r, V.A.C.S. Section 2: That the Board of Aldermen hereby authorizes and directs its City Manager to represent and act for the City of Wichita Falls in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. Section 3 : The Board of Aldermen hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. Section 4: The Board of Aldermen hereby specifically authorizes the City Manager herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Lucyland Phase II in the City of Wichita Falls for use as a park site. That Lucyland Phase II is hereby dedicated for public outdoor recreation purposes. 577 Item 6c, cont'd. Ayes : Mayor Mathis , Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None 'RESOLUTION NO. 2107 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS DESIGNATING GERALD G. FOX, CITY MANAGER, AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF WICHITA FALLS IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WICHITA FALLS IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578) , authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S. , for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Wichita Falls is fully eligible to receive assistance under this Program; and WHEREAS, the Board of Aldermen of the City of Wichita Falls is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: Section 1 : That the Board of Aldermen of the City of Wichita Falls hereby certifies that the City of Wichita Falls is eligible to receive assistance under Public 88-578; as augmented by Article 6081r, V.A.C.S. Section 2: That the Board of Aldermen hereby authorizes and directs its City Manager to represent and act for the City of Wichita Falls in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. Section 3: The Board of Aldermen hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. Section 4: The Board of Aldermen hereby specifically authorizes the City Manager herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Lions Park in the City of Wichita Falls for use as a park site. That Lions Park is hereby dedicated for public outdoor recreation purposes. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None "RESOLUTION NO. 2108 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS DESIGNATING GERALD G. FOX, CITY MANAGER, AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF WICHITA FALLS IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WICHITA FALLS IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578) , authorizing the Secretary of the Interior to provide financial assistance to states , and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S. , for the purpose of allowing the State of Texas , and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and 578 Item 6c, cont'd. WHEREAS, the City of Wichita Falls is fully eligible to receive assistance under this Program; and WHEREAS, the Board of Aldermen of the City of Wichita Falls is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: Section 1 : That the Board of Aldermen of the City of Wichita Falls hereby certifies that the City of Wichita Falls is eligible to receive assistance under Public 88-578; as augmented by Article 6081r, V.A.C.S. Section 2: That the Board of Aldermen hereby authorizes and directs its City Manager to represent and act for the City of Wichita Falls in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. Section 3: The Board of Aldermen hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. Section 4: The Board of Aldermen hereby specifically authorizes the City Manager herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Belair Park in the City of Wichita Falls for use as a park site. That Belair Park is hereby dedicated for public outdoor recreation purposes. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None (RESOLUTION NO. 2109 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS DESIGNATING GERALD G. FOX, CITY MANAGER, AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF WICHITA FALLS IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WICHITA FALLS IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578) , authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes ; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S. , for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Wichita Falls is fully eligible to receive assistance under this Program; and WHEREAS, the Board of Aldermen of the City of Wichita Falls is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: Section 1 : That the Board of Aldermen of the City of Wichita Falls hereby certifies that the City of Wichita Falls is eligible to receive assistance under Public 88-578; as augmented by Article 6081r, V.A.C.S. Section 2: That the Board of Aldermen hereby authorizes and directs its City Manager to represent and act for the City of Wichita Falls in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. Section 3: The Board of Aldermen hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. 579 Item 6c, cont'd. Section 4: The Board of Aldermen hereby specifically authorizes the City Manager herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Hamilton Park in the City of Wichita Falls for use as a park site. That Hamilton Park is hereby dedicated for public outdoor recreation purposes. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None RESOLUTION NO. 2110 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS DESIGNATING GERALD G. FOX, CITY MANAGER, AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF WICHITA FALLS IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WICHITA FALLS IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578) , authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S. , for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Wichita Falls is fully eligible to receive assistance under this Program; and WHEREAS, the Board of Aldermen of the City of Wichita Falls is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: Section 1 : That the Board of Aldermen of the City of Wichita Falls hereby certifies that the City of Wichita Falls is eligible to receive assistance under Public 88-578; as augmented by Article 6081r, V.A.C.S. Section 2: That the Board of Aldermen hereby authorizes and directs its City Manager to represent and act for the City of Wichita Falls in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. Section 3: The Board of Aldermen hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. Section 4: The Board of Aldermen hereby specifically authorizes the City Manager herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Kiwanis Park in the City of Wichita Falls for use as a park site. That Kiwanis Park is hereby dedicated for public outdoor recreation purposes. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6d RESOLUTION NO. 2111 RESOLUTION AMENDING RESOLUTION NO. 2092 NAMING A NEW PRESIDING JUDGE AND ALTERNATE PRESIDING JUDGE AT CITY BOX NO. 21 . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2092 calling the regular municipal election for April 1 , 1978, passed and approved by the Board of Aldermen on February 21 , 1978, is hereby amended by changing the names of the Presiding Judge and Alternate Presiding Judge for City Box No. 21 from Mrs. John Penn and Mrs. James T. Spray, Alternate, to Mrs. James T. Spray and Mrs. Eloise Majewski , Alternate, respectively. 580 Item 6d , cont'd. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 7b The low bid for four picnic shelters was awarded to Modlin Recreation Equipment, Inc. in the amount of $5,500. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 8a Permission was granted to advertise for bids for a hydra bore machine for Water Distribution Department. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 8b Authority was granted to advertise for bids for a mechanized rodder machine for Sanitary Sewer Department. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 8c Authority was granted to advertise for bids for an annual supply of water treatment chemicals. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 8d Authority was granted to advertise for bids for a slip in skid unit for Fire Department. Ayes: Mayor Mathis , Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Park Board - February 28, 1978 b. Mayor's Commission on Status of Women - February 2, 1978 c. Traffic Safety Council - February 15, 1978 Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item l0a A public hearing on hazardous structures was set for April 3, 1978. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 15c Mayor Mathis read a letter from Southwestern Bell requesting that this matter be dropped from the agenda for further negotiations. Appointment of a council committee to meet with Southwestern Bell was discussed. It was decided , however, that the entire council would meet with them in a work session on Thursday, March 9, 1978, at 9:30 A.M. in the Council Conference Room. 581 Item 7a Bids were considered on two utility tractors , and one utility tractor with a front end loader. Alderman Ryle inquired of Bill Hursh why he recommends a major exception from a gasoline engine to a diesel engine on the tractor with loader. Mr. Hursh stated that Case Equipment Company does not make a gasoline engine, and they bid a diesel engine, but the bid form stated that they could quote on alternates if they were unable to bid on the specifications. Moved by Alderman Ryle that the bid for two utility tractors be awarded to John's Tractor and Gas Company in the amount of $11 ,180, and that Case Equipment Company be awarded the bid on the one utility tractor with front end loader in the amount of $7,680. Motion seconded by Alderwoman McCullough, and carried unanimously. vItem lla The public hearing was opened on hazardous structures. James Denny appeared concerning his property at 5530-5534 Burk Road. He inquired if the property must be cleared within 30 days. The City Manager explained that it will have to be cleared, or if it is repairable then building permits will have to be taken out. Mr. Denny stated that he is in the process of tearing the building down, but feels he may need 60 days to do it. Mr. McBee informed him that he needed to secure a demolition permit from the City. Mr. McBee also noted that H. B. Camp needed an additional thirty days to complete the demolition at 506 Dallas. ORDINANCE NO. 3291 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 Ryle that Ordinance No. 3291 be passed, and that Mr. Denny and Mr. Camp be given 60 days to complete the demolition instead of 30 days. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item lib A public hearing was opened on BOR grants for park improvements at five parks. Alderman McAlister inquired if there were requirements on giving notice of this public hearing other than posting the notice of the Council meeting? The City Manager stated that in this instance there were none. Bill Hursh, Director of Parks and Recreation, illustrated the improvements which were to be made at Lucyland Phase II , Belair, Lions , Hamilton, and Kiwanis Parks. The public hearing was closed. Item 12a Dr. Aubrey Cox, Acting Director of the Health Unit, explained the need for an ordinance concerning ice cream, soft-serve, and frozen desserts, and permit fees for same. He stated that inspections had revealed some needed guidelines for soft-serve dessert businesses. The fee could be prorated for the remainder of this year, but make it effective January 1 , 1978. He explained that they would have no authority in the County, but some of those who own businesses in Wichita Falls have also asked them to inspect their businesses which are located outside city limits. They are willing to pay the fee, also. ORDINANCE NO. 3292 AN ORDINANCE DEFINING ICECREAM, "FROZEN DESSERTS," MIX, PASTEURIZATION, "FROZEN DESSERTS PLANTS," "FROZEN YOGURT," "SOFT SERVE YOGURT," ETC. ; PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED MIX OR FROZEN DESSERTS; REGULATING THE ISSUING, SUSPENSION AND REVOCATION OF PERMITS FOR THE SALE OF MIX AND FORZEN DESSERTS, THE LABELING OF CONTAINERS, THE INSPECTION OF FROZEN 582 Item 12a, cont'd. DESSERTS PLANTS, ETC. ; THE EXAMINATION OF FROZEN DESSERTS AND THEIR INGREDIENTS, THE INSPECTION OF RECORDS, THE TRANSFER OF FROZEN DESSERTS, THE SALE OF MIX AND FROZEN DESSERTS FROM DISTANT POINTS, THE CONSTRUCTION OF FUTURE PLANTS, THE REPORTING AND CONTROL OF COMMUNICABLE DISEASE AT PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. Moved by Alderman McAlister that Ordinance No. 3292 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None ORDINANCE NO. 3293 AN ORDINANCE TO PROVIDE FOR PERMIT FEES FOR FROZEN DESSERT PROCESSORS, DISTRIBUTORS, OUT-OF-CITY ICE CREAM, ICE CREAM MIX AND/OR MOBILE UNIT, FOUNTAIN AND COUNTER FREEZERS SELLING PRODUCTS INTO WICHITA FALLS; PROVIDING FEES FOR SUCH PERMITS; PROVIDING FOR AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3293 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None 4 Item 12b A proposed ordinance was presented providing for licensing of private haulers to the landfill doing contract work for commercial and industrial customers. ORDINANCE NO. 3294 ORDINANCE AMENDING SECTIONS 17-61 AND 17-62 OF THE CODE OF ORDINANCES TO PROVIDE FOR CONTRACT HAULER'S LICENSE AND FEE SCHEDULE FOR LICENSE AND LANDFILL USE. Moved by Alderman Bassett that Ordinance No. 3294 be passed. Motion seconded by Alderman Ashbrook. Bill Bonnell appeared as General Manager of Bell Processing. He stated that the ordinance only permits vehicles hauling twenty cubic yards or more. He was concerned about the weight, stating that they have some twelve to fifteen cubic yard roll off containers. The Council agreed to reduce it from twenty cubic yards to twelve cubic yards. The motion was carried by the following vote: Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None i Item 12c A request was presented from Bob Harman, Chairman of the Notre Dame Spring Festival committee to allow them to sell beer at the festival , as an exception to the ordinance. The festival would be located on the Notre Dame High School grounds between the school and Kell Boulevard. 'ORDINANCE NO. 3295 ORDINANCE AUTHORIZING SALE OF BEER AT THE NOTRE DAME SCHOOL SPRING FESTIVAL, MAY 5, THROUGH MAY 8, 1978. Moved by Alderman McAlister that Ordinance No. 3295 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, and Alderwomen Russell , and McCullough Nays : Alderman Ryle 583 Item 12e Bob Harman, Chairman of the Notre Dame Spring Festival Committee, requested another exception to an ordinance to allow a carnival to locate less than 300 feet from a residence, church, or school for the Notre Dame Spring Festival . He stated that the Gene Ledel Shows desires to locate on concrete in the event of bad weather. A petition of consent was presented from property owners within 300 feet of the proposed location. ORDINANCE NO. 3296 ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 25-69 OF THE CODE OF ORDINANCES CONCERNING LOCATION OF A TRANSIENT SHOW WITH REFERENCE TO THE CARNIVAL RIDES AT THE NOTRE DAME SCHOOL SPRING FESTIVAL, MAY 5 THROUGH MAY 8, 1978. Moved by Alderman Bassett that Ordinance No. 3296 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None , Item 12d Discussion was held on a proposed ordinance regulating solicitors, peddlers , and itinerant merchants. City Attorney H. P. Hodge stated that he had sent a copy of the proposal to Henry Anderson, who had previously represented The Kirby Company. Mr. Anderson had suggested repeal of the ordinance, or that the company secure the permit rather than each individual . Mr. Hodge explained that after the proposal was sent out, he and the City Clerk had discussed it further and were recommending other changes. He explained all the changes. Alderman Ryle stated that he would like to see a draft of all the changes brought back at the next council meeting. Henry Anderson suggested some further changes , and handed out a draft incorporating those changes. He recommended repeal of the whole ordinance, or consideration of these proposed changes. J. C. Boyd appeared as Executive Director of Midtown Now. He stated that there are some businesses which are legitimate and some not so legitimate. Many of the items sold door to door can also be purchased from an established business with permanent full time employees and available stock. This should be taken into consideration. The matter of telephone solicitation should also be considered , although it is harder to enforce. He also favored a provision which would prohibit an elected official from endeavoring to sell anything to city employees on city property. Alderman McAlister stated that one of the reasons they placed a moratorium on the ordinance was because it was impractical to enforce, and it was penalizing those businesses which conduct legitimate business or campaign drives in Wichita Falls. He stated that we are acting on this nearly two months earlier than the six month trial period originally agreed upon. The only reference to a steady stream of calls was to the City Clerk's office. He inquired of the City Clerk and Police Chief as to the number of complaints received during the moratorium as opposed to before the moratorium. The City Clerk explained that the complaints were probably no greater generally during this time; however, there were more on one particular company than the others. She further explained that it seemed to give the citizens some degree of satisfaction if we were able to provide them with even a small amount of information concerning an individual or group. The City Clerk's office receives more calls concerning soliciation than any other office. The Police Chief feels that the cost would offset the citizens peace of mind to know that their government has checked someone out. Sometimes transients come into the City who are wanted elsewhere. The City Manager pointed out that legitimate operators should be just as interested in some type of regulatory controls so that it does not get out of hand. Alderman McAlister stated that he has not had any complaints. Mayor Mathis stated that he has received complaints, and that solicitation has been a problem for him in his office. Other discussion concerned telephone solicitation and whether someone at the Farmer's Market would be considered an itinerant merchant. Chief Harrelson explained that without some guidance, they are treading on thin ice in even inquiring about a person unless he has broken some law. Alderman McAlister requested that Chief Harrelson prepare for their information a list or report of a general nature on what a police officer does on a typical day, and place a priority on each item. 584 Item 12d, cont'd. He wants to know where prosecution of solicitation matters falls. He desired that this information be available to them for a work session to be held in April . The City Manager will set a time for the work session. The six-month moratorium will end on April 18 . Item 13a Authority was requested to execute a contract with the architectural firm of Charles Harper Associates for the construction of a new fire station. Alderman McAlister inquired why previous specifications on fire stations are not modified each time rather than having a new contract? The City Manager stated that state law requires an architect's seal on the plans. /RESOLUTION NO. 2112 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CHARLES HARPER ASSOCIATES FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A NEW FIRE STATION TO BE LOCATED NEAR THE INTERSECTION OF SEYMOUR HIGHWAY AND BARNETT ROAD. WHEREAS, on October 18, 1977, the Board of Aldermen adopted a Revenue Sharing Budget which included a $225,000.00 item for the construction of a new fire station to be located near the intersection of Seymour Highway and Barnett Road; and, WHEREAS, Charles Harper Associates is desirous of entering into a contract with the City for architectural services in connection with the construction of this new fire station; and , WHEREAS, Charles Harper Associates has proposed to perform the necessary architectural and engineering supervisory work for the construction of the new fire station for a fee of 8.5 percent of the construction costs; and, WHEREAS, the Board of Aldermen finds that Charles Harper Associates is a fully qualified architectural firm and that the proposed fee for performance of architectural services is acceptable. 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 contract known as AIA Document B141 , Standard Form of Agreement Between Owner and Architect (1977 Edition) , for the performance of architectural services, including design and supervision of construction, for the new fire station to be located near the intersection of Seymour Highway and Barnett Road, for the fee of 8.5 percent of the construction costs. Moved by Alderman Ryle that Resolution No. 2112 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 14a Bids were considered on tennis and basketball courts at Lynwood East Park, and a tennis court at Scotland Park. Ace Fence Company submitted the low bid for the chain link fencing in the amount of $6,973.80. Frank McGrath submitted the low bid in the amount of $18,864 for the concrete work. Mr. McGrath requested permission to withdraw his bid for the tennis and basketball court construction because he had miscalculated the materials cost, and the job would be extremely difficult to undertake as specified. In the event he is allowed to withdraw his bid, Bill Hursh recommended award of the bid to the second low bidder, Duke Construction Company, in the amount of $25,614.72. RESOLUTION NO. 2113 RESOLUTION ACCEPTING BID'OF DUKE CONCRETE CONSTRUCTION CO. FOR CONSTRUCTION OF A TENNIS COURT AND BASKETBALL COURT AT LYNWOOD EAST PARK AND A TENNIS COURT AT SCOTLAND PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE CONSTRUCTION OF SAME. 585 Item 14a, cont'd. WHEREAS, on February 20, 1978, at 10:00 o'clock A.M. bids were opened for construction of a tennis court and a basketball court at Lynwood East Park and a tennis court at Scotland Park; and, WHEREAS, three bids were received for the construction of the tennis courts and the basketball court; and , WHEREAS, the bid of Duke Concrete Construction Co. in the total amount of $25,614.72 was the low bid for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Duke Concrete Construction Co. in the total amount of $25,614.72 for the construction of a tennis court and basketball court at Lynwood East Park and a tennis court at Scotland Park is hereby accepted and the City Manager is authorized to execute a contract with Duke Concrete Construction Co. for the construction of this project for the total amount set out herein. Moved by Alderman Bassett that Resolution No. 2113 be passed, awarding the bid to Duke Concrete Construction Company. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, and Alderwomen Russell , and McCullough Nays : Alderman Ryle , RESOLUTION NO. 2114 RESOLUTION ACCEPTING BID OF ACE FENCE COMPANY FOR CHAIN LINK FENCING ON TENNIS COURT AND BASKETBALL COURT AT LYNWOOD EAST PARK AND TENNIS COURT AT SCOTLAND PARK AND AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT FOR SAME. WHEREAS, on February 20, 1978, at 10:00 A.M. bids were opened for construction of a chain link fencing around a tennis court and a basketball court at Lynwood East Park and a tennis court at Scotland Park; and, WHEREAS, one bid was received for the chain link fencing work on this project; and, WHEREAS, the bid of Ace Fence Co. in the amount of $6,973.80 is the only bid received for the erection of chain link fencing on this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Ace Fence Co. in the total amount of $6,973.80 for chain link fencing around a tennis court and basketball court at Lynwood East Park and a tennis court at Scotland Park is hereby accepted , and the City Manager is authorized to execute a contract with Ace Fence Co. for such chain link fencing work. Moved by Alderman Bassett that Resolution No. 2114 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Mayor Mathis , Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , AP and McCullough Nays: None Item 14b A proposed resolution was presented awarding the low bid for ten concrete basketball slabs. RESOLUTION NO. 2115 RESOLUTION ACCEPTING BID OF FRANK McGRATH, CONCRETE CONTRACTOR, FOR THE CONSTRUCTION OF TEN CONCRETE BASKETBALL SLABS IN CERTAIN CITY PARKS, FOR THE TOTAL AMOUNT OF $12,150.00 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE CONSTRUCTION OF THE SAME. 586 Item 14b, cont'd. WHEREAS, on February 20, 1978, at 10:00 A.M. bids were opened for the construction of ten concrete basketball slabs in Jalonick Park, O'Reilly Park, Bridwell Park, Grant Street Park, Lincoln Park, Bellevue Park, Westover Hills Park, Lucy Park, Scotland Park and Williams Park; and, WHEREAS, three bids were received for this project; and, WHEREAS, the bid of Frank McGrath in the total amount of $12,150.00 is the lowest and best bid for this work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Frank McGrath in the total amount of $12,150.00 for the construction of ten concrete basketball slabs in Jalonick Park, O'Reilly Park, Bridwell Park, Grant Street Park, Lincoln Park, Bellevue Park, Westover Hills Park, Lucy Park, Scotland Park, and Williams Park is hereby accepted and the City Manager is authorized to execute a contract with him for such construction. Moved by Alderwoman McCullough that Resolution No. 2115 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 14c Bids were considered on a utility tractor with side mounted cutter bar for the Park Department. Moved by Alderman Ryle that the lowest bid meeting specifications be awarded to Northgate International , Inc. , in the amount of $9,957.17. Motion seconded by Alderman McAlister, and carried unanimously. v Item 14d Bids were considered on playground equipment for various parks. Moved by Alderman McAlister that bids be awarded as follows. a. Miracle Recreation Equipment - $7,637.00. Includes one 10' whirl , one twin slide, three six' wave slides and canopy, two rockite pony swing sets, two swan swing sets, and three geodesic climbers. b. Vaughn-Assoc. , Inc. - $1 ,896.00, for two each Jack & Jill . c. Modlin Recreation Equipment, Inc. - $1 ,350.00, for three each Kangaroo Hop. Motion seconded by Alderwoman Russell , and carried unanimously. Item 15a Stephen Ondrejas, Director of Planning, presented a Citizen Participation Plan for urban development action grant program. This plan establishes the procedure for information dissemination, citizen input, etc. Moved by Alderman McAlister that the Citizen Participation Plan be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 15b A report was given by Alderman Ashbrook on fire contract discussions with Clay and Archer Counties. They wanted the fire service, but they did not want to pay for it, even though Archer County stated that they knew the area would be covered better with the aid of the City of Wichita Falls. They recommended that the present policy be maintained 587 Item 15b, cont'd. of not answering calls in those counties, but do recommend a limited service contract to these counties for their emergency truck and our Jaws of Life on certain highways. They are recommending a written contract on that at no cost. They did not feel that it would be fair to the citizens of Wichita County, who pay for this service, to furnish it free to other counties. Mayor Mathis expressed his appreciation to Chief Johnson, Mr. Fox, and Aldermen Ashbrook and McCullough. Moved by Alderman Bassett that Mr. Fox and H. P. Hodge draw up a limited service contract for our Jaws of Life on public roads outside the city limits, with a one-year renewal notice. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 15d Alderman McAlister complimented Stephen Ondrejas on keeping the urban plan short. He also complimented the Council on the no smoking ban. He proposed that we evaluate a potential ban on smoking in food service establishments and restaurants, and see whether there is any public support for that. He also suggested a time frame for processing applications for landfill use for contract haulers. Ernest Lillard explained that a permit would be issued on the spot. A work session was scheduled on March 27 at 8:30 A.M. and 1 :30 P.M. on cable TV. Alderwoman McCullough reported on the employment day conducted by the Mayor's / Commission on the Status of Women. She expressed appreciation to Alderwoman Russell as a participant, and to Alderman Ryle, City Manager Gerald Fox, and J.C. Boyd for their attendance. Alderwoman Russell inquired if anything had been heard from the Highway Department regarding use of the parkway area on Kell ? Bill Hursh stated that he had talked to Jim Stacks, and he explained that they had received no word from the State office in Austin. Mayor Mathis read a proclamation designating March 17 as DeMolay Day. Mayor Mathis noted a letter from Woodrow Gossom, Chairman of the Citizens Traffic Safety Council , in which it appeared that a nomination was being made to that board, rather than a recommendation. Gerald Carlson commented on the billing portion of the auditor's report, stating that he is not aware of any billings other than contracts. The City Manager mentioned the condition of hangars at municipal airport, stating ithat $3,000 to $5,000 is needed for repairs. Item 13b The Council went into executive session at 11 :40 A.M. to discuss fire station site acquisition. They returned at 11 :55, and the Mayor announced that further negotiations are continuing on site purchase for the new fire station. The Board of Aldermen adjourned at 11 :56 A.M. PASSED AND APPROVED this 0,46a76, day of 1,t%Le.:1'/ , 1978. 41114144% P R / ' ATTEST: r" CIT. CLER