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Min 04/03/1978598 Wichita Falls, Texas Memorial Auditorium Building April 3, 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 i 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 David Bonner, Floral Heights Church of Christ. Item 3 Moved by Alderwoman McCullough that minutes of the meeting held March 21 , 1978, be approved. Motion seconded by Aldermen Ashbrook, and carried unanimously. Items 4 through 9 Moved by Alderman Ryle that Items 4 through 9 on the consent agenda be approved. Motion seconded by Alderwoman Russell . f Item 4a ORDINANCE NO. 3300 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 i,,' Item 4b ORDINANCE NO. 3301 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AUDITORIUM-ACTIVITIES CENTER 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. 3302 ORDINANCE ACCEPTING IMPROVEMENTS OF THE 1976 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 3119 DECLARING THE CONTRACT WITH STUCKEY CONSTRUCTION COMPANY, INC. WICHITA FALLS, TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. 599 Item 5a, cont'd. Ayes : Mayor Mathis , Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 5b ORDINANCE NO. 3303 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF DEER PARK WAY WITHIN LYNWOOD WEST, SECTION II , AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Mathis , Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 6a The bid was awarded to International Boring Systems Company in the amount of 3,366.22 for a hydro boring machine for Water Distribution Department. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None v Item 6b The bid was awarded to Naylor Supply Company in the amount of $6,400 for a trailer mounted sewer rodder for Sanitary Sewer Department. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays: None Item 6c RESOLUTION NO. 2123 A RESOLUTION AWARDING A CONTRACT TO C AND R CONSTRUCTION COMPANY FOR DEMOLITION AND SITE PREPARATION, PHASE 1 OF THE FARMERS MARKET WHEREAS, the City of Wichita Falls advertised for bids to be opened at 10:00 a.m. on March 28, 1978 for demolition and site preparation; and, WHEREAS, on March 28, 1978 no bidders were present at 10:00 a.m. , but two bids were received and opened at 2:00 p.m. ; and, WHEREAS, the bid of C and R Construction Company, in the amount of $24,000 was the lowest bid; and , WHEREAS, C and R Construction Company is a responsible bidder; and WHEREAS, funds are budgeted and available for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, THAT: Said bid of C and R Construction Company, in the amount of $24,000, is hereby accepted, and the City Manager is hereby authorized to execute on behalf of the City of Wichita Falls a contract with C and R Construction Company for demolition and site preparation, Phase 1 of the Farmers Market. Ayes : Mayor Mathis , Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 6d The bid for a skid mounted mini-pumping unit for the Fire Department was awarded to Fire Appliance Company of Texas in the amount of $4,525. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None 600 Item 7a RESOLUTION NO. 2124 RESOLUTION APPROVING CHANGE ORDER NO. 2 TO ZACK BURKETT CO. CONTRACT RELATIVE TO PHASE III MUNICIPAL AIRPORT IMPROVEMENTS. WHEREAS, heretofore the City of Wichita Falls 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 eliminate the utilization of on-site base material and provide for lime stabilized base material ; and, WHEREAS, this modification will increase the construction fees by $6,952.42. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 2, 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 Change Order No. 2 on behalf of the City of Wichita Falls. Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None J Item 8 Minutes of the meetings of the following boards were received. a. Planning Board - March 8, 1978 b. Park Board - March 28, 1978 c. Aviation Advisory Board - March 15, 1978 Ayes : Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 9a A public hearing on hazardous structures was set for May 2, 1978. Ayes: Mayor Mathis, Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell , and McCullough Nays : None Item 10a A public hearing was opened on the Urban Development Action Grant program. The Planning Department suggested construction of a northside sewage treatment facility. No one desired to be heard, and the hearing was closed. RESOLUTION NO. 2125 A RESOLUTION APPROVING APPLICATION FOR URBAN DEVELOPMENT ACTION 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 Urban Development Action 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 all documentation and assurance certifications which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. Moved by Alderman Ashbrook that Resolution No. 2125 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 601 item 10b A public hearing was opened on hazardous structures. Roy Peppers, 1605 30th, stated that his daughter wants to use the building for storage. Melvin Moss , of Code Enforcement, stated that they had no objection to him keeping the building if he would fix it so that it is not hazardous. Mr. Peppers stated that he would do so within the next 30 days. The City Manager explained that before he begins any work he should check with Mr. McBee, or the Code Enforcement Department, to see what he will need to do to secure it. Byron Topper appeared for his mother, Mrs. E. L. Topper, who has property at 2206 Taft. He desired to fix up the property, but stated that 30 days would not be enough time. Alderman Ryle recommended an additional 60 days to enable him to be in compliance. The public hearing was closed. ORDINANCE NO. 3304 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 Alderwoman McCullough that Ordinance No. 3304 be passed , and also granting Mrs. E. L. Topper an additional 60 days. 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 lla Mayor Mathis presented 20-year driving safety awards to the following for having driven without a chargeable or preventable accident, and without having received a citation for a traffic violation. John R. Loftin - Police Department Charles E. Trainham - Police Department Leeroy Fox - Police Department Billy J. Anderson - Water Distribution Melvin B. Bridges - Water Distribution Lorenzo S. Navarro - Water Distribution Item 12a A lengthy discussion was held on a proposed ordinance to award a cable television franchise to Vista Cablevision, Inc. Richard Collett appeared for a Citizens Committee for a Decent Texas. He requested that certain wording be placed in the ordinance which would prohibit the airing of sexually explicit material on the cable. He stated that their major aim is to protect children from depiction of this type of material on television. He stated that a person has the right to watch television without fear of seeing anything objectional . He stated that a lock and key has never been effective in keeping someone out if they want to get into it bad enough. He further stated that it is the duty of the Council to protect children whose parents do not care what they watch. The cable company which is chosen may not have such programming in existence at this time, but what is to keep them from getting it later? He presented a petition with 1560 signatures requesting that certain sexually explicit material be eliminated. Jerry Vandiver, 4207 Seabury Drive, stated that Wire, Inc. does not want to admit that they have lost. Perhaps there was something which they did not understand before, and they want to make another try. They put everything into their proposal which the Council requested. They would have 18 hours a day of movies at no additional cost. The American Stock Exchange and Channel 8 in Dallas were also exclusive. Channel 8 has movies all night long. He stated that they had offered better programming than Vista. He stated that if the city requires a 12 channel system they will put it in. Emergency standby power was not put in Vista's bid. He stated that he feels some of the ground rules apply to them and not to Vista. He stated that the Council requested them to build a strong local ownership, and to get involved. They did both. Vista wants to train college students and not have all full time employees. He noted that with local ownership the money stays in the community. The one reason that a company is selected 602 Item 12a, cont'd. is because you trust them. Last Thursday there was an article in the Oklahoma City paper regarding the Norman cable television company, stating that they have not fully complied with the ordinance and franchise. He urged them to reconsider and give them one more chance. Darrold Cannon, 2204 Miramar, spoke on behalf of Communications Properties, Inc. He stated that the decision which they will make cannot be undone. He asked if the Council is sure of their decision? It has been proven in other cities that if they do not perform, then future Councils have very little authority to make them comply. He urged them to postpone their decision, and to explore the past and present records of the three top companies. He explained that their company had an overall rating equal to Vista. He mentioned Champagne-Urbane, Illinois and Norman, Oklahoma where there were problems with Vista. Vista has stated that they will wire every square inch in Wichita Falls downtown, but there is no one that can do it. He stated that no one questions the integrity of the four local investors. These gentlemen are risking only $500.00 each. He is merely asking that the matter be postponed for further study of the three top applicants. David Kenley appeared representing Vista Cablevision. He stated that they were the only applicant to flat out offer 12 channels. They have also made an agreement with KIDZ. He stated that they did not seek local ownership to provide financing. What they did seek were four outstanding individuals. They put three on their board of directors. The fourth is on the board of Channel 24, and cannot serve on both. He stated that for nearly the first four years of the Norman franchise they owned 49 percent, and the 51 percent local ownership could not come up with the money. In January, Midwest City awarded them a franchise on a 6 to 1 vote. They had an election in February, and they have already laid out 50 miles in Midwest City. Mayor Mathis read an anonymous letter from someone suggesting citizen ownership. Alderwoman McCullough pointed out that non-subscribers will continue to have the same channels available which they now have. She noted that on a poll taken, which was sent out in water bills , 70 percent of the 10,000 who responded stated that they favored cable television. She further stated that the consultant did not make a recommendation, but prepared a grading system to enable the Council to make a decision. Wire, Inc. and Vista were rated very close. Alderman McAlister stated that last Thursday he had talked with Julian Goodman, who is Chairman of the Board of NBC. He asked Mr. Goodman for his views on cable television. Mr. Goodman stated that it has had an impact, but overall it has been good for the networks. Alderwoman Russell stated that regardless of the outcome of the vote, their decisions have always been made with integrity of purpose. ORDINANCE NO. 3305 AN ORDINANCE ESTABLISHING THE RIGHT AND PRIVILEGE OF VISTA CABLEVISION, INC. HEREUNDER, OR THEIR SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF WICHITA FALLS: PROVIDING THAT THE FRANCHISE SHALL BE NONEXCLUSIVE: SETTING FORTH THE TERRITORIAL AREA INVOLVED AND THE TIME OF CONSTRUCTION: ESTABLISHING LIABILITY AND INDEMNIFICATION: ESTABLISHING OPERATIONAL STANDARDS AND STANDARDS OF SERVICE: ESTABLISHING CONDITIONS ON STREET OCCUPANCY: ESTABLISHING RATES TO SUBSCRIBERS AND PAYMENT TO THE CITY: AND FOR OTHER PURPOSES. Moved by Alderman Ryle that Ordinance No. 3305 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ryle, Alderwomen Russell , and McCullough Nays : Mayor Mathis and Alderman Ashbrook Mayor Mathis asked the Council 's opinion on whether they should voluntarily call a referendum on this subject. Alderman Ashbrook agreed that they should because he had been told that a petition would be presented. Moved by Alderman Ashbrook that Ordinance No. 3305 be submitted as a public referendum. Motion seconded by Alderwoman Russell . Richard Collett suggested that the question of sexually explicit material also be submitted in conjunction with this vote. 603 Item 12a, cont'd. Alderman McAlister commented that the people who are elected to the Council are chosen to make decisions . He sees no reason to turn around and subject his decision to the referendum process because he sees no reason for him to have made the decision. The charter specifically outlines the method by which a referendum election can be called, and the citizens should do that if they feel that way. For the Council to call the referendum, though, negates his decision. Alderwoman Russell commented on this same philosophy, citing as an example the fluoridation issue in which the citizens would have had no choice. Cable television, however, is a new industry to which people do not have to subscribe. It is their choice to either pay for it or not pay for it. She explained that she would vote for the Council called referendum on cable television in a departure of her philosophical nature to show the citizens that it is not a railroad job, and that it was not acted upon hastily. Alderman Ashbrook stated that normally he would feel the same as Alderman McAlister, but since it has been voted down twice he feels it should be voted upon. Alderman Ryle stated that he was the only member of the Council who wanted to call a referendum on the Dillard building. He agreed to support the project of the activities center in exchange for his request that federal money be allocated for drainage projects in Wichita Falls. He stated that he would support the referendum on cable television. Mayor Mathis stated that the only reason he would vote for a referendum is because he would hate to go out of office on a sour note that they are trying to force something on the citizens that they do not want. Because it is such a controversial item he would favor letting the citizens vote on it. The motion was carried by the following vote: Ayes: Mayor Mathis, Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: Alderman McAlister City Attorney H. P. Hodge explained that state law specifies various dates on which elections may be held. The earliest possible date would be the second Saturday in August. Moved by Alderman Ryle that the election on cable television be held on August 12, 1978. Motion seconded by Alderman Ashbrook, and carried unanimously. Mayor Mathis stated that he would like to go on record in favor of the Council establishing a CATV Commission, after the August election, to monitor the construction period of the system. Aldermen Ashbrook and Ryle supported this matter, with Alderman Ryle requesting that the City Manager bring this proposal to the next Council for their review. Alderman McAlister stated that he is not in favor of including Mr. Collett's suggestion in the ordinance. This will be the purpose of the advisory commission created by the Vista group. It could also be the concern of the commission which the Council will create. He does not believe that the Council should get into the censorship business. Mayor Mathis stated that the FCC would rule the ordinance null and void, and it would not be federally enforceable because they regulate what goes over the wire, and we cannot tell them what to regulate. The City Manager noted that we have no authority on signal carriage. Mr. Collett stated that if the ordinance is passed in August he will present a petition on sexually explicit material . Alderwoman McCullough noted Mr. Collett's apparent lack of concern over violence. Mr. Collett stated that he is limiting his presentation to sexually explicit material at this time, but would come back another time on violence if they so desired. Alderwoman Russell wondered if there is some way to present the referendum on CATV without the company being involved? The City Manager stated that the action today would have to be voided or it would be subject to a referendum petition. They could pass another ordinance. Mr. Fox also mentioned the contract between Vista and WFET. Possibly an ordinance could be drawn putting the weight of the City behind this agreement. Perhaps the Council should also address the obscenity issue presented by Mr. Collett before August 12. 604 Item 13a A proposed resolution was presented re-defining the responsibilities of the TrafficSafetyCouncil . RESOLUTION NO. 2126 RESOLUTION REPEALING RESOLUTION NO. 1673; REESTABLISHES THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL; PROVIDING FOR AUTHORITY AND RESPONSIBILITIESOFTHEWICHITAFALLSCITIZENSTRAFFICSAFETYCOUNCIL; PROVIDING FOR MEMBERSHIP AND FISCAL RESPONSIBILITIES OF THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL. WHEREAS, the Wichita Falls Citizens Traffic Safety Council was established byResolutionNo. 1673, passed and approved on the 10th day of June, 1975, which providedforthemembershipandpowersandresponsibilitiesofsaidCouncil ; and, WHEREAS, the Wichita Falls Citizens Traffic Safety Council has proven its worth by implementing and establishing several innovative programs of traffic safety in WichitaFalls , including the school safety patrol program, the Defensive Driving Course referral program and the drunk drivers rehabilitation school ; and, WHEREAS, the Wichita Falls Citizens Traffic Safety Council desires a broader mandate from the Board of Aldermen to allow it to take more responsibility in planningandimplementingtrafficsafetyprogramsinWichitaFalls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . Resolution No. 1673 is hereby repealed. 2. There is hereby established a Wichita Falls Citizens Traffic Safety Council which shall be comprised of twelve (12) voting members who are citizens of the City ofWichitaFalls , who shall serve without pay and who shall be approved by the Board ofAldermen. In addition thereto, there may be a maximum of six (6) non-voting members who may serve on the Council . The normal term of membership on the Council shall bethree (3) years but it may be renewed for an additional two (2) years. The maximum term of service on the Council shall be five (5) years for any member. 3. The non-voting members of the Council shall be persons who are employed by governmental or public agencies and have regular duties that promote traffic safetyinWichitaFalls. Seven (7) voting members shall constitute a quorum. 4. Members of the City staff may be appointed by the City Manager as non-votingmembersoftheCounciluponrecommendationoftheCouncil . The Executive Secretary of the Council shall be a non-voting member of the City staff and be directly responsibletotheCityManagerorhisdesignatedrepresentative. The Executive Secretary's duties shall include providing administrative support to the Council and coordinatingtheCouncil 's activities, recommendations, and requirements with appropriate governmental officials. 5. The exclusive purpose of the Wichita Falls Citizens Traffic Safety Council shall be to promote traffic safety in Wichita Falls, Texas. It shall act in an advisory, coordinating, educational , promotional and action capacity to fulfill that purpose. The Council shall not be a policy-making body and its actions shall not be construed as changing, superseding or preempting the authority or responsibility of any elected or appointed official . 6. The Council is hereby given the authority and power to solicit funds from voluntary contributions for the following purposes only: Traffic safety projects, safety education material , awards and recognition. However, this authority shall not be construed as creating Council control over general funds of the City or State andFederalGrantFundsbudgetedorreceivedfortrafficsafetypurposes, or authorizing the Council to enter into any contract or create any obligation on the part of the CityofWichitaFalls. Funds received by the Council shall be deposited with the Accounting-Finance Office and placed into a general fund reserve account. Funds shall be maintained in that reserve account separate from all other general fund revenues and reserve accounts. Expenditures from this reserve account shall be processed by the Accounting-Finance Office upon authorization by the Council as per the Bylaws of the Council concerning finances , when properly initiated by purchase requisition, purchase order or payment authorization. 7. The Council shall adopt such rules and regulations governing its proceedingsasitmaydeemproper, including the time and place of meetings, and the election of a President and Vice-President each to serve a one year term from the date of election. 8. The minutes of each meeting of the Council shall be forwarded to the Board ofAldermenforreceipt. 605 Moved by Alderman McAlister that Resolution No. 2126 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 Item 14a Permission was requested to advertise for bids for an annual supply of data processing paper. Moved by Alderman McAlister that authority be granted to advertise for bids , as requested. Motion seconded by Alderwoman Russell , and carried unanimously. V Item 15a Gerald Carlson, Chief Accounting Officer, presented a report on the completion of the automated accounting system. The consensus of the Council was to go ahead with the parallel system until October 1 . Item 15b Moved by Alderman Ashbrook that Ervin Garnett be re-appointed to the Civil Service Commission for a three-year term to expire February 25, 1981 . Motion seconded by Alderwoman McCullough, and carried unanimously. Item 15c Fire Chief Hurshel Johnson requested permission to purchase an additional 10,000 GVW fire truck from Kidwell GMC in the amount of $7,838. A second skid fire unit is also requested from Fire Appliance Company of Texas in the amount of $4,525. Recent identical purchases were made from both these vendors on low bids , and each has agreed to furnish the additional equipment at the same price. Moved by Alderman McAlister that authority be granted to purchase the fire truck and fire skid unit from Kidwell GMC and Fire Appliance Company of Texas for the stated amounts. Motion seconded by Alderman Ryle, and carried unanimously. Item 15d Alderwoman Russell inquired if we had heard anything from the Texas Highway Department concerning our request for the jogging area. The City Manager noted that he had heard some comments made by Mr. Schleider that perhaps they will have some answer within 30 days. The Board of Aldermen recessed at 11 :05 A.M. , and reconvened at 8:00 P.M. vI tem 16a Mayor Mathis, City Attorney H. P. Hodge, and City Clerk Wilma Thomas participated in the canvass of votes for the city election held April 1 , 1978. Upon completion of the canvass , the following resolution was presented. RESOLUTION NO. 2127 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON APRIL 1 , 1978, FOR THE PURPOSE OF ELECTING THE MAYOR AND ALDERMEN FOR POSITIONS NO. 4, NO. 5 AND NO. 6. 606 Item 16a, cont'd. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls , Texas, held in the Memorial Auditorium Building on the 3rd day of April , 1978, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 1st day of April , 1978, for the purpose of electing the Mayor and Aldermen for Positions No. 4, No. 5 and No. 6; and, WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects , and that 6531 voters voted in said elections; and that FOR MAYOR: Herman A. Dunn received 578 votes W. E. "Dub" Ryle received 2905 votes Kenneth Hill received 3025 votes Write-in votes 12 FOR ALDERMAN, POSITION NO. 4: Ronald G. Sanders received 439 votes David E. Brock received 604 votes Bill Bonnell received 1751 votes Curtis W. Smith received 3650 votes Write-in votes 1 FOR ALDERMAN, POSITION NO. 5: Tommy C. Robinson received 2321 votes Jim Thomas received 4002 votes Write-in votes 10 FOR ALDERMAN, POSITION NO. 6: James P. Halter received 989 votes John Sims received 1680 votes Raymond Adcock received 3616 votes Write-in votes 10 AND, it appearing that Kenneth Hill received the greatest number of votes at said election for Mayor; that Curtis Smith received the greatest number of votes at said election for Alderman, Position No. 4; that Jim Thomas received the greatest number of votes cast at said election for Alderman, Position No. 5; and that Raymond Adcock received the greatest number of votes cast at said election for Alderman, Position No. 6. NOW, THEREFORE, BE RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Kenneth Hill was duly and legally elected Mayor of the City of Wichita Falls, Texas, at said election, Curtis Smith, Jim Thomas, and Raymond Adcock were duly and legally elected Aldermen of the City of Wichita Falls, Texas , at said election, and that said election was in all respects legally held in accordance with the laws of the State of Texas and the Charter and Ordinances of the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2127 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 Each council member expressed his or her pleasure at having been elected to serve the citizens. Alderwoman Russell noted that it is the first time that two women have served together, and that it has been tremendous sharing the spotlight with Peggy McCullough. She also noted that this council has been marked by diversity, out of which has come great strength. Mayor Mathis stated that it has been his pleasure to serve, and that he has gained great respect for the city staff of Mr. Fox, Mr. Hodge, Mr. Carlson, and Mrs. Thomas. 607 The newly elected officials were administered the oath of office by City Clerk Wilma Thomas. After taking their respective seats, each made a few remarks and introduced his family and friends who were present. Mayor Hill called on his friend Roy Bowling, to lead a special prayer on behalf of the Council . The Board of Aldermen adjourned at 8:55 P.M. PASSED AND APPROVED this the // t/ day of 1978. a wi_%14:•_ • • MAYOR ATTEST: CITY CLERK CONTRACT CHANGE ORDER ORDER NO. 2 DATE March 24 , 1978 CONTRACT FOR: Phase III Improvements - Wichita Falls Municipal Airport OWNER: City of Wichita Falls TO: Zack Burkett Company Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE Supplemental Plans & Specifications Attached):in Contract Price: in Contract Price Add - Lime Stabilized Base 1) 113 Tons of lime @ $54.50/Ton 6,158.50 2) 12510 SY of mixing in base @ 0.65/SY 8,131.50 Deduct - $1.88 from unit price of Item 1 1) 2701 CY @ $1.88/CY 5,077.88 2) 1915 CY @ $1.18/CY 2,259.70 TOTALS $ 7,337.58 14,290.00 NET CHANGE IN CONTRACT PRICE $ 6,952.42 JUSTIFICATION: There was not enough on-site base available so lime stabilization was determined to be the next best cheapest solution. The amount of the Contract will be (Increased) by the Sum of: Six Thousand Nine Hundred Fifty Two and 42/100 Dollar-(.; 6,952.42 ) The Contract Total including this and previous Change Orders will be: One Hundred Fifty Five Thousand Three Hundred Thirty Three and 54/100 Dollars($ 155,333.54 ) The Contract Period provided for completion will be Unchanged) Days. This document will become a supplement to the contract and all provisions will apply hereto. Requested:(Owr. r) Date) Recommended:(rNGINEER) Date) Accepted:(Co, tractor) Date)