Loading...
Min 02/21/1978562 Wichita Falls, Texas Memorial Auditorium Building February 21 , 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 Carol Russell Ray Ashbrook Aldermen 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 Fred E. Bassett Absent The invocation was given by Bill Grisham, St. Mark's United Methodist Church. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held February 7, 1978, be approved. Motion seconded by Alderwoman McCullough. Alderman McAlister asked the City Attorney to clarify Section 37 of the Charter, which pertains to voting by members of the Board of Aldermen. Alderman McAlister noted that the minutes did not reflect a vote cast by the Mayor, and he understood that no one is excused from voting, except as provided for in that section. The City Attorney agreed. Mayor Mathis stated that he considered himself as voting "aye" on all items , unless he indicates otherwise, and this will continue to be the practice. The City Clerk indicated that she will note his vote cast in the future. The motion was carried unanimously. Items 4 through 10a Moved by Alderwoman Russell that Items 4 through 10a on the consent agenda be passed. Motion seconded by Alderman McAlister. Item 4a ORDINANCE NO. 3287 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF BRIDGE STREET LYING BETWEEN MADISON STREET AND JEFFERSON STREET IN THE ORIGINAL TOWNSITE OF WICHITA FALLS , TEXAS. Ayes : Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 5a RESOLUTION NO. 2092 RESOLUTION CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 1ST, 1978. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An election shall be held in the City of Wichita Falls , Texas, on April 1st, 1978 for electing the following officials of said City: 563 Item 5a, cont'd Mayor Alderman Place Four Alderman Place Five Alderman Place Six. The said election shall be held at the following named places with the following persons as Presiding Judges and Alternate Presiding Judges within the following Precincts , to-wit: The voters residing in the corporate limits of Wichita Falls within the County Precinct Numbers given herein vote in the City Boxes as shown below. ) POLLING PLACES, JUDGES, AND ALTERNATES - JOINT CITY-SCHOOL ELECTION, April 1 , 1978. COUNTY CITY PRECINCT BOX NUMBER VOTING PLACE JUDGE AND ALTERNATE NUMBER 1 & 2 Wichita County Courthouse Mr. Manuel Navarrete 1 7 th and Lamar Mrs. Victoria Navarrete, Alternate 3 & 4 Lamar School Mrs. Bob Wise 2 2206 Lucas Mrs. Lallora Taylor, Alternate 5 & 50 McGaha School Mrs. Ellen R. Wages 3 1615 Midwestern Pkwy. Mrs. J. W. Martin, Alternate 6 & 43 Ben Franklin School Mrs. Edwin G. Brown 4 2112 Speedway Mrs. Alisa Larson, Alternate 7,40,54 Washington Kindergarten Mr. C. E. Jackson 5 600 Flood Mr. James Williams, Alternate 8 Fain School Mrs. A. D. January 6 1404 Norman Mrs. Dorman Anderson, Alternate 9 & 11 Reagan Jr. High Mrs. Philip Haubert 7 1104 Broad Mrs. Squibb Parrish, Alternate 10 & 15 Alamo School Mrs. Patti Faye Gentry 8 1912 11th Mrs. Fred Matin, Alternate 12,31 ,48,58 Texas Hwy. Dept. Hq. Mr. Horace E. Downing 9 1601 Southwest Pkwy. Mr. A. C. Comstock, Alternate 13,26,27,61 Fannin School Mrs. Mozelle Laseman 10 710 Burk Rd. Mrs. Urbane Black, Alternate 14 & 45 Crockett School Mrs. Steve Marchand 11 2015 Avenue I Mrs. Hurshel Johnson, Alternate 16,57,59 Rider High School Mrs. George D. Elliott 12 4611 Cypress Mrs. George Bartosh, Alternate 17 & 47 Tech. Training Center Mrs. R. B. Dodd 13 1609 Blonde Mrs. J. D. Dixon, Alternate 41 Huey School Mrs. D. L. Chancellor 14 1513 North 6th Mrs. Gladys Moore, Alternate 18,42,46 Hirschi High School Mrs. Bill Ritchie 15 3106 Borton Lane Mrs. W. L. Voyles, Alternate 19 & 44 Wichita Falls High School Mr. T. F. Barnett 16 2149 Avenue H Mrs. T. F. Barnett, Alternate 20 & 22 Zundelowitz Jr. High Mrs. I . C. Presson 17 1607 Polk Mrs. W. T. Box, Alternate 21 & 53 Harrell School Mrs. C. F. Rippetoe 18 3115 5th St. Mrs. 0. W. Loveless , Alternate 23,24,25 Sam Houston School Mrs . George Stracener 19 2500 Grant Mrs. Charles Box, Alternate 564 Item 5a, cont'd. 30 & 51 Barwise Jr. High School Mrs. E. E. Wood 20 3807 Grant Mrs. Joe Steele, Alternate 52 Ben Milam School Mrs. John Penn 21 2906 Stearns Mrs. James T. Spray, Alternate 55 & 56 Cunningham School Mrs. Iwilda Mitchell 22 4107 Phillips Mrs. Sarah Lewis, Alternate The presiding judge for each precinct shall appoint five (5) clerks who shall assist the presiding judge and alternate in jointly conducting the election with the Wichita Falls Independent School District. Ayes: Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 5b RESOLUTION NO. 2093 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. 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 Two Thousand Nine Hundred Fifty and no/100 ($2,950. ) 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 750 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 Two Thousand Nine Hundred and Fifty Dollars ($2,950.00) 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, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 5c V RESOLUTION NO. 2094 RESOLUTION APPROVING AGREEMENT WITH AMERICAN LOCKER COMPANY, INC. FOR FURNISHING COIN-OPERATED PARCEL LOCKERS AT WICHITA FALLS MUNICIPAL AIRPORT AND AUTHORIZING CITY MANAGER TO EXECUTE SAID AGREEMENT. 565 Item 5c, cont'd. WHEREAS, the City of Wichita Falls and the American Locker Company, Inc. had previously entered into an agreement for American Locker Company, Inc. to furnish coin- operated parcel lockers at Wichita Falls Municipal Airport; and, WHEREAS, the previous agreement between the City of Wichita Falls and American Locker Company, Inc. was for a period of five years which expires on February 27, 1978; and, WHEREAS, the City of Wichita Falls and American Locker Company, Inc. desire to enter into a new agreement for a period of five years beginning February 27, 1978, and ending February 27, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The agreement between the City of Wichita Falls and American Locker Company, Inc. , a copy of which is attached hereto, for a term of five years, commencing February 27, 1978, and ending February 27, 1983, is hereby approved and the City Manager is authorized to execute the agreement on behalf of the City of Wichita Falls. Ayes: Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 5d RESOLUTION NO. 2095 RESOLUTION APPROVING AMENDMENT OF CONTRACT WITH KILLEBREW/RUCKER/ASSOCIATES , INC. FOR ARCHITECTURAL SERVICES RELATIVE TO MUNICIPAL AIRPORT SECURITY HOLDING ROOM. WHEREAS, heretofore the City of Wichita Falls and Killebrew/Rucker/Associates, Inc. entered into a contract dated December 12, 1977 for architectural services relative to the Municipal Airport security holding room project; and, WHEREAS, such contract included a cost plus multiplier in the additional services portion of such contract, but the Federal Aviation Administration will allow only lump sum costs or fixed rates of cost in such contracts. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such contract with Killebrew/Rucker/Associates, Inc. shall be amended by amending Paragraph II , Subparagraph B, Item 2 to provide for additional services for employees other than principals) at a fixed rate of $25.00 per hour, and by eliminating Item 3 of said Subparagraph B. The City Manager is authorized to execute such amendment for the City. Ayes: Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None v Item 6a RESOLUTION NO. 2096 RESOLUTION AWARDING CONTRACTS TO DENVER HAWKINS AND ROY BROADWELL FOR DEMOLITION OF HAZARDOUS STRUCTURES AND THE CLEARING AND CLEANING OF LOTS. WHEREAS, the City of Wichita Falls has advertised for bids for the demolition of certain hazardous structures and the clearing and cleaning of lots at various locations in the City; and, WHEREAS, two bids were received; the bid of Denver Hawkins was low on twelve of 20 lots and the bid of Roy Broadwell was low on sixteen of 20 lots; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bids of Denver Hawkins in the amount of $5,102.00 for twelve of 20 lots and Roy Broadwell in the amount of $5,575.00 for sixteen of 20 lots are hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls contracts with the above for the demolition of such hazardous buildings and the clearing and cleaning of such lots. Ayes: Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None 566 Item 6b The low bid for fertilizer for Parks Department was awarded to Berend Brothers intheamountof $13,420. Ayes: Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , andMcCullough Nays : None Item 6c RESOLUTION NO. 2097 RESOLUTION AWARDING CONTRACT FOR CONCESSION OPERATION AT BRIDWELL PARK. WHEREAS, sealed bids were invited on January 30, 1978 for concession operation atBridwellPark, but no bids were received for such operation; and, WHEREAS, Mrs. LaRue Daffern has offered to enter into a concession contract atBridwellParkfortenpercentofthegrosssales, and the Board of Aldermen finds thatthisisareasonableoffer. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT: The offer of Mrs. LaRue Daffern for concession rights at Bridwell Park is herebyaccepted, and the City Manager is authorized to execute a contract with her for such oncession rights during the 1978 season. Ayes : Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None RESOLUTION NO. 2098 RESOLUTION GRANTING THE BOYS' CLUBS OF WICHITA FALLS, INC. PERMISSION TO OPERATE CONCESSION STAND AT FOOTBALL-SOCCER COMPLEX AT JAYCEE PARK. WHEREAS, by Resolution No. 1398 dated March 6th, 1973, the City granted permission to The Boys ' Clubs of Wichita Falls, Inc. to construct six football and soccer fields at Jaycee Park; and, WHEREAS, The Boys ' Clubs of Wichita Falls, Inc. has constructed a building containing a concession stand and restrooms to serve the north three fields. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Permission is hereby granted to The Boys ' Clubs of Wichita Falls, Inc. to operate this concession stand serving the north three fields , and to retain all concession income therefrom, during all times when anyone is making use of the football-soccer complex. The permission granted by this resolution may be revoked at any time by resolution of the Board of Aldermen, after giving The Boys ' Clubs of Wichita Falls, Inc. one year notice in writing. Ayes : Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6d Bids were awarded for vector control chemicals for the Health Department, as follows. Malathion Concentrate 91% - American Cyanamid Co. - $21 ,600 Ayes : Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Dursban M - Public Health Equipment and Supply - $17,800 Ayes : Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None 567 Item 6d, cont'd. d Dursban 10 CR - Century Laboratories, Inc. - $6,600 Ayes: Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Malathion 57% Emulsifiable Liquid - Van Waters and Rogers - $2,268. Ayes : Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6e RESOLUTION NO. 2099 RESOLUTION ACCEPTING BID OFARMORED ROOFING CO. , INC. FOR REPLACING ROOF ON THE WICHITA FALLS CITY-COUNTY HEALTH CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE WORK. WHEREAS, on January 17, 1978, the Board of Aldermen granted permission to advertise for bids for replacing the roof on the Wichita Falls City-County Health Center located at 1700 Third Street; and, WHEREAS, on February 3, 1978, after having advertised for bids as required by law, bids were opened at 10:00 o'clock A.M. , at which time three bids were received and opened; and, WHEREAS,the bid of Armored Roofing Co. , Inc. is the lowest and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Armored Roofing Co. , Inc. in the amount of $17,995.00 for the replacement of the roof on the Wichita Falls City-County Health Center is hereby accepted and the City Manager is authorized to execute a contract, a copy of which is attached hereto, with Armored Roofing Co. , Inc. for this work. Ayes : Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6f RESOLUTION NO. 2100 RESOLUTION AWARDING CONTRACT ON THE REMOVAL OF EXISTING MERCURY VAPOR STREET LIGHTS AND THE INSTALLATION OF HIGH PRESSURE SODIUM STREET LIGHTS. WHEREAS, the City of Wichita Falls has advertised for bids for the removal of existing mercury vapor lights and the installation of high pressure sodium lights in accordance with city plans and specifications, and WHEREAS, four bids were received, and it is found that Lloyd Thomas Co. , Inc. , who bid $3,962.00 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 Lloyd Thomas Co. , Inc. in the amount of $3,962.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Lloyd Thomas Co. , Inc. for the construction of such improvements. Ayes : Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 7a RESOLUTION NO. 2101 RESOLUTION APPROVING ADDENDUM NO. 1 TO BIGGS & MATHEWS, INC. CONTRACT AND CHANGE ORDER NO. 1 TO ZACK BURKETT CO. CONTRACT RELATIVE TO PHASE III MUNICIPAL AIRPORT IMPROVEMENTS. 568 Item 7a, cont'd. WHEREAS, heretofore the City of Wichita Falls and Biggs & Mathews, Inc . entered into a contract dated September 7, 1977 for engineering services, and the City and Zack Burkett Co. entered into a contract dated January 23, 1978 for construction of Phase III Municipal Airport improvements ; and , WHEREAS, it is deemed advisable to modify the original plans for such improvements to add access pavement improvements to the south end of Hangar No. 2; and, WHEREAS, this modification will increase the engineering fees by $1100.00 and the construction fees by $8286.02. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Addendum No. 1 , a copy of which is attached hereto, to such contract with Biggs Mathews, Inc. , and Change Order No. 1 , a copy of which is attached hereto, to such contract with Zack Burkett Co. , are hereby approved, and the City Manager is authorized to execute each of these instruments for the City of Wichita Falls. Ayes : Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 8a Permission was granted to advertise for bids for construction of security holding room at Municipal Airport. Ayes : Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 8b Permission was granted to advertise for bids for demolition and site preparation work, known as Phase One of the Farmers Market project. Ayes: Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 9 Minutes of the following boards and commissions were received. a. Board of Electrical Examiners - February 14, 1978 b. Planning Board - February 8, 1978 c. Traffic Commission - February 14, 1978 Ayes : Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 10a Tax Adjustments Numbers 145 through 496 were approved in a total amount of $25,306.15. Ayes: Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item lla The public hearing was opened on the 1977 Community Development Assessment Paving program. The City Manager stated that the staff has indicated that the amounts listed on the notices received by property owners will be lowered by approximately 50 percent, if accepted by the Council . Appraisers have indicated that the front foot cost should be reduced from $11 .60 to $6.00, and side lot rates should be reduced from $8.12 to 4.00 on residential property. Commercial side lot footage would remain at $8.12 per foot and on the reconstruction portion the curb and gutter would amount to $3.45 per foot. 569 Item lla, cont'd. Mayor Mathis read a letter from Louis Arbuckle, O.P. Mitchell , Nettie Russell , and Leo Maxwell , protesting the paving of the 1000 block of Clay Street. Lucille Barlow, 1600 block of Harding Street, felt if Harding is paved and curbed it would interfere with the drainage to Hampton Street. Ernest Lillard stated that the drainage is being installed with Harding Street improvements. Mr. Louis Arbuckle, 1101 Marlow Street, stated that he does not believe the cost of blacktopping the street would improve their property any more than it is now. He stated that he owns 190 feet of vacant property on Clay Street. He stated that the City told them several years ago that it was their street, and they would have to pay for it if they wanted it improved. It is a dead end street, and they do not want it paved. He later stated they are not really in protest to paving the street, but it would not help in the drainage of the area around it. Alderman Ryle asked if it would cause any problems to delete this street? Ernest Lillard stated that it could be done, but that the drainage would have to be redesigned in that area. Vernon McDaniel , 1601 Morgan, inquired what would happen to the water that presently goes down the bar ditches? It was pointed out that it would be channeled in underground pipes in the drainage system. Gerald Pond protested Wichita Street, stating that it dead ends, and no one uses it except Wichita Sand and Gravel . The City Manager stated that the Council set a policy fifteen years ago to pave all streets in the City. Haskell Benton stated that he owns 75 feet of property facing Scott Street. Grozier Mann Oil Company is his tenant. He questioned how a street is selected for paving? The City Manager stated that a petition signed by 50 percent of the property owners is not required for a street to be included in a program because of the policy of the Council to pave all unpaved streets in the City. Mr. Benton stated that he does not believe the paving would benefit his property, or that of Mr. Pond. Robert Beaver, #6 Farris, stated that he had been trying to get this street paved for 17 years. He stated that some of the property owners live out of town, and do not keep the lots mowed. Mr. Rodriguez, 111 Farris , appeared in favor of the paving of Farris Street. Elizabeth Peterson, 1633 Harding, stated that Bebe Lane (the side street next to her house) gets very muddy and it is difficult for her to get out. It was explained that they hoped to tie in these side streets to Harding Street next year. The public hearing was closed. Alderman McAlister clarified that the property owner would pay one-third of the cost, and the City would pay two-thirds of the cost of the paving. i, ORDINANCE NO. 3288 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1977 COMMUNITY DEVELOPMENT 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. 3288 be passed, and that the properties on Clay and Wichita Streets be appraised by private appraisers to satisfy these property owners , and that the assessment rolls be adjusted to conform with staff recommendations. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Mathis , Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None 570 Item lla , cont'd. Alderwoman Russell requested that the property owners on Farris Street be notified of the approximate time that the street will be paved. Ernest Lillard stated that he Would like for it to be the first one, if at all possible. He commended the attitude of the property owners who appeared. Billy Johnson, 209 Front Street, inquired when that street would be paved, stating that it is hard to get out. They will try to put it at the top of the list, if possible. The Council requested that new letters be sent to all property owners informing them of the adjusted rates. Item llb The public hearing was opened on the 1978-79 Community Development Block Grant application. J. C. Boyd, Jr. , appeared as Executive Director of Midtown Now Corporation. He endorsed the previous requests of Mr. Ikard Smith for Midtown funding in the amount of 760,000, purchase of land for a human resource center, and construction of a farmers ' market. Mr. Jackson appeared from the East Lynwood Addition. He inquired if a decision had been reached on leasing a building from the City. The City Manager stated that after a structure is moved and set up in the park, then they would negotiate a lease, and discuss if park land, or just the building, can be leased to their association. The City Manager presented an amended section C-4 of the street paving portion of the application. It was noted that Bebe Lane is included in this paving program. Alfred Mims, who lives on Linda Lane, wondered if that street would be paved first. It is a part of the 1977 Community Development Assessment Paving program) . Ernest Lillard explained that it would probably be down the line because it is located off Harding Street. Drainage will have to be completed for Harding Street before any of the streets that come into it can be done. He also inquired if anything could be done to Liveoak Street. He stated that he owns property there, and cannot get in there when it is wet. Ernest Lillard will check into it. Rebecca Williams inquired concerning Second and Patterson, stating that when it rains they cannot have church services. She inquired when it would be paved. The City Manager stated that it depends when it can be scheduled by the contractor. Ernest Lillard will also look into this. The public hearing was closed on the Community Development Block Grant application. I RESOLUTION NO. 2102 A RESOLUTION APPROVING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An application for Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1977 is hereby approved, and the City Manager is authorized and directed to complete and file the application for such grant with the Department of Housing and Urban Development. The City Manager is further authorized to execute any necessary documents requested to carry out and complete such grant. The application shall include a statement of needs , long range objectives, short range objectives, a first year budget, and the Housing Assistance Plan. Further, such application shall contain certifications providing the assurances which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. Moved by Alderwoman McCullough that Resolution No. 2102 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 12a The Employee of the Month (Leroy McDaniel ) was not able to be present. 571 Item 12b Mr. Louis Smith, Jr. , was recognized by Mayor Mathis for his service on the Traffic Safety Council from June 1975 through June 1977. He served as Chairman the last year. Item 12c Joe Ewen appeared as District Manager of Southwestern Bell Telephone Company in Wichita Falls. He protested the increase from two to three percent of gross receipts , stating that the revenue to the City would be increased from $173,000 to $206,000 annually. This would make it necessary to increase the rates to the customers. He stated that Southwestern Bell Telephone Company chooses not to accept the ordinance. The City Manager suggested that he and the City Attorney review, brief, and present alternatives which might be available to the City for consideration at the March 7 meeting. Mayor Mathis requested that any further comments be delayed until March 7. Item 13a A proposed resolution was presented creating an Arts Commission. Appointments would be made at a later date. RESOLUTION NO. 2103 RESOLUTION CREATING A WICHITA FALLS ARTS COMMISSION BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: 1 . There is hereby created a Wichita Falls Arts Commission which shall be comprised of seventeen (17) citizens of the City of Wichita Falls. All members shall be appointed by the Board of Aldermen. Such members shall be appointed for a period of two year overlapping terms and shall serve without pay. All vacancies shall be filed for the unexpired terms by the Board of Aldermen. 2. Nine (9) members of the Commission shall represent those agencies who have a primary concern for promoting, teaching and sponsoring arts or cultural activities; and are non-profit with a tax exempt status. The agencies to be represented by these nine members are: 1 ) Wichita. Falls Art Association 2) Wichita Falls Symphony Association 3) Wichita Falls Ballet Association 4) Wichita Falls Museum & Art Center 5) Wichita County Heritage Society 6) Backdoor Theatre 7) Broadway Theater League 8) Midwestern State University 9) Civic Chorus of Wichita Falls Each agency shall have one representative on the Commission. Nominees shall be submitted by each agency to the Board of Aldermen when vacancies occur. Such nominees shall be from members of the governing boards of the respective agencies, where such exist. 3. Eight (8) of the commission members shall be appointed to represent the financial and service institutions of the city; service and manufacturing industries; news media; foundations; professional groups ; and public-at-large. These community members shall be appointed by the Board of Aldermen. If additional agency members are added in the one additional community member shall be added for each agency member. 4. Staff persons of the agencies represented on the Commission may serve as ex-officio members of the Commission. The Auditorium-Activities Center Manager of the City shall also serve as an ex-officio member. These members shall have no vote in the deliberations of the Commission. 5. From among its members , the Commission shall select a chairman, vice-chairman and secretary. Meetings will be held as determined necessary by the Commission members , but at least four meetings shall be held annually. Nine members shall constitute a quorum. Favorable action shall require a vote of a majority of the quorum present. 6. The purpose of the Wichita Falls Arts Commission is to develop, promote and coordinate artistic and cultural activities in Wichita Falls. The Commission is designed to facilitate communication between organizations fostering the arts and cultural activities. 572 Item 13a, cont'd. The Commission shall also serve as an advisory body to the Board of Aldermen for the annual allocation of City funds made available to support and promote the artistic and cultural resources of Wichita Falls. The Board of Aldermen shall establish annually the amount of funds which shall be available for the support and promotion of artistic and cultural resources in Wichita Falls. At least 50% of these available funds shall be expended for projects that are one-time in nature and which do not have recurring costs associated with them. The remaining maximum 50% shall be expended for any other costs of qualified organizations in carrying out, expanding or promoting cultural or artistic programs. All approved activities should be designed to increase tourism; promote the City's economic base; and enlarge the cultural opportunities for area residents. Recommendations for funding should be so developed as to take full advantage of matching funds made available through such programs as : National Endowment Of The Arts ; Texas Commission On Arts And Humanities; National Trust For Historical Preservation; Department of Transportation; Bureau of Outdoor Recreation; National Park Service; Foundations ; and other public or private resources. Prior to January 1st of each year the Commission shall forward to the Board of Aldermen a list of priorities for program or project funding for the next calendar year along with full descriptions of such. Upon approval by the Board of Aldermen of projects or programs to be funded, expenditures will be authorized upon proper invoice. Moved by Alderman McAlister that Resolution No. 2103 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Mathis, Aldermen McAlister, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 14a Alderman McAlister complimented the Street Department for the way they maintained and spread gravel on the streets during the bad weather. Alderwoman McCullough extended a special invitation to the Mayor and Board of Aldermen, city officials, and the public at large to a workshop dealing with employment v for women to be held at Maskat Temple on March 4, from 10:00 A.M. to 4:00 P.M. This program is sponsored by the Mayor' s Commission on the Status of Women. Alderwoman Russell noted two articles in the January issue of Texas Town and City. The first concerned Garland 's adoption of the Energy Conservation Code (Page 6) and the second dealt with graduates of the landscape design study courses sponsored byVTexasGardenClubs, Texas A & M, and Texas Association of Nurserymen. (Page 9) . She suggested that the Park Deparment write to the address given in the second article to find out if we have a resource person in Wichita Falls. Jewel Haines , 1222 35th Street, complained that the owner of the lot at 1221 35th proposes to build a commercial structure as a garage on this lot. The property owners in the neighborhood are opposed to it. She requested regulations for this type of activity. The Mayor noted that we are facing a lack of a zoning ordinance in Wichita Falls. She requested consideration of this. It was pointed out by the Mayor that the citizens of Wichita Falls have voted it down previously. The City Manager pointed out that the man purchasing the lot will have to meet several other requirements before he can build it. It is impossible for the Council to make any recommendations as to this particular situation at this time. The Planning Board and eventually the Board of Aldermen may consider it. The Director of Planning will notify her when it appears on the agenda of the Planning Board. Richard Collett appeared as a representative of Morality and Media in Wichita Falls. He stated there is nothing we can do to prevent Oh Calcutta from coming into the city. They plan to organize another group to call on the legislature to reform obscenity laws. They also wanted to bring up an ordinance concerning cable TV. He stated that it is possible to have X-rated movies shown on the basis of education and scientific value. Cable TV may open the door to pornography. The ordinance which he passed out last time will prevent this type of thing from happening. He stated that R-rated movies are not 573 Item 14a, cont'd. suitable for exposure to our children in Wichita Falls. The Mayor informed him that in adopting an ordinance they would take his proposal into consideration. The Board of Aldermen adjourned at 10:20 A.M. PASSED AND APPROVED this 7—Z day of 1 4,ici 1978. 127d tie,e - MAYOR ATTEST: Lot/ CITY CLERK l AMERICAN LOCKER COMPANY, INC. THIS AGREEMENT made and entered into on this the_._.7.____day of__Fe raa . 19__.78 by and between the AMERICAN LOCKER COMPANY, Inc., Jones & Gifford Ave., James- town, New York, a Delaware Corporation, hereinafter called the Locker Company, and City of Wichita Falls a corporation of the State of Tom:za•z- having its principal place of business at __ ,,rtier_l;a.I_. .. ti in the City of State of .`Pe„=3. t b hereinafter called the party of the second part. WITNESSETH: WHEREAS, the Locker Company is the owner of self-service parcel locker equipment and certain letters patent relating to the same, hereinafter called lockers; and WHEREAS, both parties are desirous of procuring the installation of lockers by the Locker Company in stations or terminals owned or controlled, and operated by the party of the second part so that the party of the second part may render automatic parcel checking locker service to its patrons: NOW, THEREFORE, in consideration of the mutual agreements herein contained, and the mutual benefits to be derived IT IS AGREED AS FOLLOWS: Agree. 1. Party of the second part agrees to permit the Locker Company to install and main-ment taro, and Locker Company agrees to install and maintain its lockers in such locations within a station or terminal owned or controlled, and operated by party of the second part, as may,be now or hereafter agreed upon. Property of Locker Company will remain on premises of party of the second part at the full risk and hazard of Locker Company. Party of the second part agrees to keep the lockers on its premises in a clean and sanitary condition for public use. Operating Locker Company agrees to furnish all stationery, forms, tools and operating instructionsClause required for the efficient operation of this Locker Service and party of the second part agrees to use and follow same, as directed by the Locker Company, to provide this service efficientlytopatrons. Definition 2. Gross monthly receipts are hereby defined as the total amount of legal monies collectedofGGross from lockers plus all overtime revenues received on account of articles checked in lockers for Receipts more than twenty-four (24) hours, or removed therefrom, but only up to and including thefirstsixty (60) days from date of original checking. In the case of articles reclaimed after sixty (60) days from date of original checking, party of the second part shall retain all the revenue therefrom, including that derived from the first sixty (60) days of storage. Division . Party of the second part shall collect monies deposited in the lockers and overtime revenue of Revenue as heretofore defined under Gross Monthly Receipts and for each individual station or terminal shall compute the percentage of such receipts to be retained monthly by party of the second part from such single installation, the remaining percentage of such receipts to be remitted monthly to Locker Company: Where Gross Monthly Percentage to be Retained Monthly Receipts Are:by Party of Second Part Under $100. 40% 100. up to $ 199.99 50% 200. up to $ 399.99 55% 400. up to $ 699.99 56% 700. up to $ 999.99 57% 1000. up to $1199.99 58% 1200. up to $1399.99 59% 1400. up to $1599.99 60% 1600. up to $1799.99 61% 1800. up to $1999.99 62% 2000. up to $2199.99 63% 2200. up to $2399.99 645 2400. and Over 65% PBndlty Party of the second part shall collect Three (3) Dollars for loss of key by the person check-for ing, at the time of delivery of the luggage tLostKeyyggageorparcelstotheownerthereof, of which amount 2.00 shall be remitted to the Locker Company at the time of monthly payment and One (1) Dollar shall be retained by party of the second part. 3. The Locker Company agrees to indemnify party of the second part against all liability for which either party may be legally liable resulting from the lawful use of said lockers, and also against all claims for loss of or damage to articles checked in lockers, whether said articlesclaim remain in or are removed from lockers. Notwithstanding the previous sentence or any otherLiabilitypy provision of this agreement, however, the Locker Company shall not indemnify the party of the second part in any respect against any liabilities, costs or expenses arising out of any explosion or other violent or dangerous occurrence in or about said lockers resulting fromeitherlawfulorunlawfuluseofsaidlockers. The liability for loss or damage of articles, shall only refer to claims arising as a result of articles having been lost or damaged within sixty (60) days after initial date of checking.If party of the second part disposes of or removes the article taken from lockers to a storage location other than the building where the lockers are operating before said sixty (60) day period has expired, than any liability which may occur shall be assumed by and all storage revenue shall accrue to-the party of the second part. Party of the second part shall indicate, on forms furnished by the Locker Company, that such removal or disposal has been made. The party of the second part agrees to notify the Locker Company at its appropriate Dis- trict Office immediately upon the occurrence of any claim or alleged loss or damage, and to assist agents of the Locker Company in their investigation of said claim by furnishing such information pertinent to the claim as may be available. It is understood that the Locker Company shall handle all claims to their conclusion. If Locker Company settles any claim resulting from a loss occuring after assumption of lia- bility by party of the second part as above provided, the party of the second part shall reim- burse Locker Company for amounts so paid provided Locker Company shall have advised party of the second part in advance of such settlement, and party of the second part shall have approved such settlement. Taxes 4. Any taxes, regardless by whom primarily payable, levied or assessed on the conduct, and maintenance, operation, gross receipts or revenue of said automatic parcel checking lockerInsurances service, including but not limited to license, sales or use taxes, and any tax levied on the owner- ship of the said lockers, shall be borne by each party in the same percentage of the total tax as it received in revenue under Article 2, after Locker Company has paid the same. If, in the judgment of the Locker Company, the levy or assessment of such taxes or other payments required by public authorities, or the premiums on Locker Company insurances, is considered excessive or burdensome, then lockers may be removed from premises of party of the second part after giving said party sixty (60) days' written notice. Trans. 5. Party of the second part shall, so long as it may lawfully do so, transport free over its portation lines, all equipment to be installed, relocated or removed. Free transportation to employees of Locker Company in such number as may be agreed upon shall be issued for the sole purpose of surveying, installing, inspecting, servicing and removing equipment. Checking 6. After lockers are installed in any station or terminal covered by this agreement, party Rights of the second part agrees not to conduct or permit to be conducted parcel checking in any such installed station or terminal by any means other than by equipment hereunder furnished dur- ing life of this Agreement, except that it may conduct its own hand checking facilities. Right to 7. Locker Company may remove its equipment at any time should the lockers be used Remove for any illegal purpose or should a petition against a party of the second part be filed in anyEquipment court for appointment of a receiver, or should party of the second part make any assignment for benefit of creditors. Upon written notice pursuant to the requirements of any public au- thority necessitating the removal of specified lockers from the premises of the party of the second part, Locker Company shall remove such lockers on a prorated cancellation fee based on the remaining life of the agreement. If average usage per locker in any location is less than 30 uses per locker per month for three (3) consecutive months, then Locker Company may remove as many of the lockers as may be necessary to cause usage per locker for remaining lockers to be 30 uses a month. Term 8. This agreement shall continue for a period of five (5) years beginning with the date of the agreement and thereafter for periods of five (5) years each until terminated by either party giving written notice to the other party, not less than ninety (90) days prior to the end of any five (5) year period, of its intention to terminate the agreement at the end of such five (5) year period. Termi- Upon the termination of this agreement for any reason, Locker Company agrees to re-nation move its equipment leaving the premises in good repair and party of the second part agrees to assume all liabiity which may result from claims for loss or damage to articles in its pos- session at the time of actual locker removal, with all revenue resulting from the storage, re- lease or sale of such articles being retained in its entirety by party of the second part.No lia- bility of the Locker Company which arose prior to said termination or said locker removal shall be diminished in any manner whatsoever. Assign- ment 9. This agreement and all of its rights and obligations shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns and legal repre- sentatives in interest. Cancel- 10. Upon breach of any covenant of this agreement on the part of either party, if suchlotion breach is not corrected within thirty (30) days after written request so to do, this agreement may be cancelled after ninety (90) days' written notice one to the other. Right of 11. Locker Company shall have the right,ht without the necessity of legal action, to enterEntrypY g , Y the premises of the party of the second part at all reasonable times, and repossess cash keys in the event party of the second part fails to remit monies when and as same become due under this agreement and may collect all cash from said lockers until full amount in arrears shall be paid, without being adjudged in any manner a trespasser. Prior 12. All prior agreements and understandings between the parties hereto are hereby term-Agree' mated as of the effective date of this agreement except as to any previous liability arising thereunder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their duly authorized officers properly attested, and their corporate seals to be hereunto af- fixed the day and year first above written. AM .RICAN LOCKER COMPANY, INC. Attest e.-.c. By 1- ----„- Assistant—Secretary resident City f Wichita Falls Attest. G7>c'l/ i,'c`l B 31. 1 `` / THE STATE OF TEXAS X COUNTY OF WICHITA X This agreement made and entered into this the 24th day of February , 1978 , by and between the City of Wichita Falls, Texas , a municipal corporation, hereinafter called City" , and Armored Roofing Company, Inc. , hereinafter called Contractor" , WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : 1. Contractor shall commence and complete the construc- tion of certain improvements , being the replacement of the roof at the Wichita Falls City-County Health Center located at 1700 Third Street in Wichita Falls , Texas. Contractor shall furnish all labor, tools and materials necessary for the construction and completion of such improvement, which shall be done in a good and workmanlike manner in accordance with the specifications attached hereto, and made a part hereof as if copied in full herein. 2 . Contractor agrees to commence the construction of said work within ten days after being notified to do so by Mr. Mahlon Hill, Building Maintenance Supervisor for the City, and to complete the same within 45 working days after the time of commencing the work. Contractor shall be entitled to an extension of time for completion when it can show that it was delayed by unavoidable events over which it had and could exercise no control. 3. Contractor agrees to indemnify and save whole and harm- less the City from all costs or damages arising out of any claim or cause of action against it of whatsoever kind and from any and all costs or damages arising out of any injuries, demands or suits for damages claimed against it that may be i occasioned by any act, omission, neglect or misconduct by Contractor, its agents , servants , employeesor subcontractors. Contractor shall furnish City a certificate of insurance show- ing that it has public liability and property damage insurance satisfactory to City and in accordance with the specifica- tions attached hereto and made a part hereof. 4. Contractor shall execute and deliver to the City a good and sufficient surety bond for the faithful perform- ance of the terms of the contract and a good and sufficient surety bond that all laborers and materialmen and suppliers shall be paid and each bond shall be in an amount equal to 100 percent of the contract price. 5. City shall pay, and Contractor shall accept, for all of the work hereunder, the sum of $17 , 995. 00 payable in Wichita Falls, Texas , upon satisfactory completion of the work and its acceptance by the City. 6 . Contractor shall not assign this contract, in whole or in part, without the written consent of the City. 7. Contractor agrees to pay at least the minimum wage per hour for all labor as same is classified and set out in the current Davis-Bacon Act wage scales, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first set out above. CITY OF WICHITA FALLS , TEXAS . ATTEST:BY : 4 GA ld G. Fob, City Manager f!:-e ),, e4_,,i' " ',, z4Z--//-1/ Cit 1 lerk Approved as to form: t--) I/ ' 'n teaj Cityl Attorney ARMORED RO FING COMPANY, INC.ATTEST: i:// 4(--7//i) JScretary Prsident 2 - 41 CONTRACT CHANGE ORDER ORDER NO.1 I DATE February 13, 1978 CONTACT FUR: I . OWNER City of Wichita Falls, Texas TO: Zack Burkett Co. You are hereby requested to comply withrtheofollowing• changes from the contract DESCRIPTION OF CHANGESSu.•lemental Plans & S.ecifications Attached):in Contract Price: in Contract PriceItemNo. 1. Unclassified Excavation Removed 1,1 and Re-used 111 CY @ $4.132. Unclassified Excavation Removed 458.43 II 55 CY @ $2.18 119.903. Bituminous Base 253 Tons @ $20.064. Bituminous Surface 75 Tons @ $20.06 5,075.18 5. Concrete Pavement 41 SY @ $18,73 1,504.50 I! 6. Prime Coat 332 Gal. @ $0.94 767.93 7. Painting 80 SF @ $0.60 312.08 48.00 1 y I! IlTOTALS $ 8,286.02 NET CHANGE, IN CONTRACT PRICE $ 8,286.02JUSTIFICATIal. II To replace paving on south side of Hangar No. 2. The amount of the Contract will be Increased by the uum of: lgThousandTwoHundredEighty-Sixty-Six 6 02/1QQ 868,2 .02 II Dollars($ The Contract Total including this and previous Change Orders will be: fie HundredForty-Eight Thousand Three Hundred Eighty-One 6 12/100 II The Contract Period provided for completion will be Increased)($ s($ et 81.12 _____) I31i limil6cd) 14 Days. This Document will become a supplement to the contract and all provisions willapplyhereto. 0 "04Re•uested: (Owner) 4 % -'-- (1)_,+' ` /"-----0 f. Recommended: (ENGII,EER)Dateil4 fl Acce.ted: (Contractor Date De.t ). i ADDENDUM NO. 1 Whereas the Owner has requested that additional pavingbeinstalledontheSouthsideofHangarNo. 2 , therefore itisagreedthatthisAddendumNo. 1 will amend the originalcontractdatedSeptember7 , 1977 between the City of WichitaFalls , Owner, and Biggs 8 Mathews, Inc. for additional engi-neering services . The fixed fee of $18 ; 000 . 00 for engineering services assetoutinparagraphone , Section III, of the original con-tract shall be amended to become $19 ,100. 00 , which will be compensation for the engineering services as set out in theoriginalcontractandengineering ,1,vvices to install theadditionalpavingontheSouthsideofHangarNo. 2 as re-quested by the Owner. All additional provisions of the originalcontractshallremainasstatedinsaidcontractandshall apply to the additional engineering services requested for plans and specifications to pave the additional area on theSouthofHangarNo. 2 . CITY OF -JICHITA FALLS BY r. C)ity Managl ATTEST: City Cl rk BIGGS & MATHEWS , INC. Consulting Engineers BY r.y. J. E. Biggs P. E. , President Registered Professional Engineer No. 16101 ATTEST: Secretary