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Min 05/16/1978623 Wichita Falls , Texas Memorial Auditorium Building May 16, 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. Kenneth Hill Mayor Hardy McAlister Fred E. Bassett Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock 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 Jim Rudd , Highland Heights Christian Church. Item 3 Moved by Alderman McAlister that minutes of the meeting held May 2, 1978, be approved. Motion seconded by Alderman Thomas, and carried unanimously. Items 4 through 8 Items 4a and 5a were removed from the consent agenda. Moved by Alderwoman Russell that Items 4 through 8, with the exception of 4a and 5a, be approved. Motion seconded by Alderman Adcock. Items 4b RESOLUTION NO. 2137 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR NORTH BEVERLY IMPROVEMENTS PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the North Beverly Improvements Project; and, WHEREAS, such properties have been appraised by an appraiser employed by the City of Wichita Falls and the amount of these appraisals have been studied by the Board of Aldermen, and a copy of same is now in the possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 It is necessary to acquire an easement for drainage and utility for the following properties in Wichita Falls, Texas for the North Beverly Improvements Project: EASEMENT Tract One 0.045 acre out of the J. Goodwin Survey Abstract 83, Wichita County, Texas Tract Two 0.238 acre out of the J. Goodwin Survey Abstract 83, Wichita County, Texas 624 Item 4b, cont'd. The total of values approved in this resolution 2,465.00 Section No. 2 The approved value of such properties are hereby approved and the City Manager is hereby authorized to purchase by Easement such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the City appraiser referred to above. Section No. 3 In the event the City Manager is unable to purchase any such tracts for such approved values he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls , Texas. He is further authorized, when in his judgment it appear to be in the best interest of the City to do so, to purchase such properties for more than the appraised value in order to save the estimated costs of condemnation. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 4c RESOLUTION NO. 2138 RESOLUTION AUTHORIZING CONTRACT WITH RICHARD DOWNING FOR OPERATION OF CONCESSION STAND AT LOCH LOMAND PARK. WHEREAS, heretofore the City advertised for bids for operation of concession stands in various City parks, including Loch Lomand Park; and WHEREAS, no bid was received for Loch Lomand Park, but Richard Downing, 1705 Sixth Street, has made a proposal for the concession operation at Loch Lomand Park, with five percent of the gross revenue derived from such operation to be paid to the City, which proposal is found to be a reasonable one. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The proposal of Richard Downing for the concession operation at Loch Lomand Park for five percent of all gross revenues derived from the operation is hereby accepted, and the City Manager is authorized to execute a contract with Richard Downing for this operation. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 6a RESOLUTION NO. 2139 RESOLUTION APPROVING CHANGE ORDER NO. 4 CONCERNING THE CONSTRUCTION OF THE EASTSIDE NEIGHBORHOOD SERVICE CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Change Order No. 4, a copy of which is attached hereto, between the City of Wichita Falls and Meyers Bros. , Inc. amending the contract for construction of the Eastside Neighborhood Service Center to provide Debron carpet tiles, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 7a Authority was granted to advertise for bids for clinic and office equipment in the health clinic of the Martin Luther King Multipurpose Center. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None 625 v Item 8 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners - May 9, 1978 b. Traffic Commission - May 9, 1978 c. Airport Zoning Board - April 17 , 1978 d. Traffic Safety Council - May 3, 1978 Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 4a Alderman Thomas questioned the need for this feasibility study on Southwest Parkway drainage, stating that it seems $4,890 is a lot of money to spend. The City Manager explained that the purpose of the study is to determine what effect the development west of this location would have on this property. Ernest Lillard stated that the main point of concern is the area below Sikes Lake which cannot handle the amount of water presently going through there. Changing the flow would take some of the pressure off the system which we presently have. RESOLUTION NO. 2140 RESOLUTION APPROVING CONTRACT WITH CORLETT, PROBST & BOYD FOR FEASIBILITY STUDY OF SOUTHWEST PARKWAY DRAINAGE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Corlett, Probst & Boyd, for engineering services for a feasibility study concerning Southwest Parkway drainage, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2140 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 5a Only one bid was received on the seal coat program. Alderman McAlister suggested that it be resubmitted for bids to try to obtain others. Ernest Lillard did not feel that we would receive any other bids if we did. Contractors are busy, and only one is doing work in this area at this time. The City Manager stated that the delay could cause us not to get it done until next year because this type of work requires warm weather. RESOLUTION NO. 2141 RESOLUTION AWARDING CONTRACT FOR THE 1978 SEAL COAT PROGRAM TO TIMMINS- ANDERSON, INC. WHEREAS, the City of Wichita Falls has advertised for bids for performing the 1978 Seal Coat Program; and, WHEREAS, one bid was received, and it is found that the bid of Timmins-Anderson, Inc. is acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Timmins-Anderson, Inc. is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Timmins-Anderson, Inc. in the amount of $60,000.00 for the performance of the 1978 Seal Coat Program. Moved by Alderman Bassett that Resolution No. 2141 be passed. Motion seconded by Alderman Smith, and carried by the following vote: 626 Item 5a, cont'd. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 9a The public hearing was opened on proposed use of a portion of general revenue sharing funds for the 1978-79 fiscal year. Mayor Hill read a memorandum, from the City Manager, stating that the staff recommends revenue sharing funds in the amount of $500,000 for Midtown Activities Center, and $100,000 for the Farmers Market. Robin King appeared as Chairman of the Depot Square steering committee, requesting an additional $100,000 for the Farmers Market. Charles McGilvray appeared as a representative of Farmers Home Administration. He stated that they surveyed the needs of this market by contacting producers in the area. They also met with Dallas officials concerning their market, as well as consulting with vegetable marketing specialists at A & M College. They feel that a market would be successful here. Jim Schur, with City National Bank, endorsed Mr. McGilvray's statements. He stated that this is not an overnight decision, but has been in the planning process for several years. He urged them to use revenue sharing funds for the farmers market. He stated that a rental fee is charged each booth in Dallas. Susan Dennis appeared as President of the Downtown Association, stating that she is very interested in this project; that it is important for us to be aware of the economic activity which will be generated in the area around Wichita Falls. History of the project is very well thought out and planned. She strongly urged the Council 's support to continue development of this project. J. C. Boyd , Jr. appeared as Executive Director of Midtown Now, Inc. He noted that long term planning puts a strain on the continuity of projects, such as Midtown 2000, but that it was so well planned and conceived that it merited the approval of all Council members. He requested continuing support of the Midtown 2000 plan. Joe Tom White appeared as President of Wichita Falls Tennis Association. He expressed appreciation for the work done to increase participation in Weeks Park and Hamilton Tennis Centers. Restroom facilities , however, need to be updated at Weeks Park. He requested that part of the revenue sharing funds go toward upgrading the recreation facilities. Alderman Smith noted that those who have appeared regarding the farmers market represent several thousand people who have been involved in this project. The public hearing was closed. Item l0a Frank Navarrete, a building maintenance employee, was honored as Employee of the Month of May. Mayor Hill presented him with a plaque and two tickets each to a theatre and dinner. iItems lla, 13d , 14a These items dealing with the airport security holding room and general revenue sharing appropriations were discussed. The Council felt that the bids were entirely too high. The lowest bid exceeded the available funds by 275 percent. Aldermen Bassett recommended that the Airport Advisory Board look at it before the Board of Aldermen considers it. Moved by Alderman Bassett that Items lla, 13d , and 14a be postponed. Motion seconded by Alderman Adcock, and carried unanimously. Alderman Bassett requested that Ed Ilschner invite Charles Thomas to the Aviation Advisory Board meeting tomorrow. Alderman McAlister suggested that if the timing is not right to take bids , then perhaps we should delay it. 627 Item 12a A proposed ordinance was presented setting regular meeting dates of the Board of Aldermen during summer months to June 6, July 11 , and August 1 . ORDINANCE NO. 3313 ORDINANCE SETTING REGULAR MEETING DATES OF THE BOARD OF ALDERMEN IN JUNE, JULY AND AUGUST, 1978. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Notwithstanding the provisions of Section 2-1 of the code of ordinances, there shall be only one regular meeting of the Board of Aldermen in each of the months of June, July and August, 1978; these regular meetings shall be on June 6, July 11 and August 1 ; these meetings shall be at 8:30 o'clock A.M. in the council chamber in the Memorial Auditorium building. Moved by Alderman Thomas that Ordinance No. 3313 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 12b A proposed ordinance was presented repealing Chapter 13 of the Code of Ordinances pertaining to elections. The provisions of this chapter are contained in the Texas Election Laws and City Charter. ORDINANCE NO. 3314 ORDINANCE REPEALING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, WHICH CHAPTER CONCERNS ELECTIONS. WHEREAS, it appears to the Board of Aldermen that all of the provisions contained in Chapter 13 of the Code of Ordinances of the City of Wichita Falls , Texas , concerning elections, are covered either in the City Charter or the Texas Election Code, and it is deemed advisable that such chapter should be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Chapter 13 of the Code of Ordinances of the City of Wichita Falls, which chapter concerns elections, is hereby repealed. Moved by Alderman Thomas that Ordinance No. 3314 be passed. Motion seconded by Alderman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 12c A proposed ordinance was presented amending Section 29-77 of the Code of Ordinances to control flashing lights used in outdoor advertising. ORDINANCE NO. 3315 AN ORDINANCE AMENDING SECTION 29-77 OF THE WICHITA FALLS CODE OF 1967, AS AMENDED, ENTITLED DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS TO INCLUDE PROHIBITION OF CERTAIN NUISANCE LIGHTING. Moved by Alderman Adcock that Ordinance No. 3315 be passed. Motion seconded by Alderman Smith. Joe Jordan appeared as owner and operator of Nortex Sign Company. It is his belief that we cannot control these ordinances. Many of the sign companies are not bonded to do business in Wichita Falls. The licensed companies are penalized by those 628 Item 12c, cont'd. who are not licensed. He feels that another ordinance is needed, or an amendment to the ordinance to enforce those which we have, and he offered his time and experience to assist in writing such an ordinance. Alderman Bassett suggested that Mr. Jordan submit a proposed ordinance to the Traffic Commission on signs and bonding. Discussion was held on non-compliance and prosecution of these offenders. Mr. Lillard estimated that we prosecute 8-10 people per year, and probably win about half of them. He further explained that we have a much better percentage with compliance after they are caught, than with prosecution. Mr. Jordan noted that the Dairy Queens have a revolving amber beacon on top of their signs. This ordinance is no more stringent than state law. Tom Harwell appeared as owner of Scotland Park Motel . He stated that the lights on his business are 75 watt globe, and so high above the street that no accident has been caused by them, according to the Traffic Commission. He stated that he received permission 15 years ago to install the sign which he has. He feels they are taking unfair advantage. He noted that his light is a white amber revolving beacon thirty-five feet above the ground. He stated that if his light is off, he is out of business. The City Manager explained that the main reason the ordinance should be passed is for public 'safety and welfare. How would anyone know that his light did not contribute to an accident? Reports would not necessarily reveal that. Mr. Ilschner stated that about 18 months ago he began to notice a tremendous increase in revolving beacons. He contacted every bonded individual in the business of putting up signs, and none has registered a complaint. The motion was carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock Nays: Alderman Thomas Item 12d A proposed ordinance was presented granting a waiver of certain ordinances to permit the Downtown Association to have a sidewalk sale on May 20, 1978. ORDINANCE NO. 3316 ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF ORDINANCES ON MAY 20, 1978 FOR ANNUAL SIDEWALK SALE IN THE CENTRAL BUSINESS DISTRICT. Moved by Alderman McAlister that Ordinance No. 3316 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13a A proposed resolution was presented approving a joint certification package for urban transportation planning process. RESOLUTION NO. 2142 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS. WHEREAS, in the Wichita Falls area federal assistance may be requested for 1 ) street and highway construction, 2) capital and operating assistance for public mass transportation, 3) airport improvement, and 4) transportation planning; and , WHEREAS, Joint Certification of the Urban Transportation Planning Process by the Federal Highway Administration and Urban Mass Transit Administration is prerequisite for federal capital , operating, and planning assistance; and, WHEREAS, the Joint Certification process requires endorsement by the Metropolitan Planning Organization of the Prospectus , Transportation Plan, Transportation Systems Management Element, Transportation Improvement Program with Annual Element, and the Unified Work Program; and , 629 Item 13a, cont'd. WHEREAS, the City of Wichita Falls, Texas has been redesignated on June 22, 1977 as the Metropolitan Planning Organization for the Wichita Falls urbanized area through August 31 , 1979; and, WHEREAS, the City of Wichita Falls, Texas has accepted the designation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following documents of the Urban Transportation Planning Process are hereby endorsed as being valid and consistent with the City of Wichita Falls ' General Plan, community development objectives , overall social , economic, environmental , system performance, and energy conservation goals and objectives : 1 . Agreements Continuing Phase Agreement" , dated March 29, 1973; an Agreement designating City of Wichita Falls as MPO, dated June 22, 1977; and an Agreement between Nortex Regional Planning Commission and the MPO, dated March 8, 1978 2. Prospectus 3. Title VI Statement 4. Air Quality Determination Statement 5. Wichita Falls Urban Transportation Plan, 1970-1990 6. Annual Report 7. Transportation Systems Management Element 8. Transportation Improvement Program with Annual Element 1978-1979 9. Unified Work Program - September 1 , 1978 - August 31 , 1979 SECTION 2. The following projects are added to the Interim Transportation Systems Management Element, current Transportation Improvement Program, and the Wichita Falls Urban Transportation Plan, 1970-1990 by three (3) separate motions : I. Motion: The following project is added to the Interim Transportation Systems Management Element: Estimated Cost Reconstruct Armstrong Dr. (Airport Access Rd. ) - FM 890 to Airport Internal Rds. 320,000 II. Motion: The following projects are added to the current Transportation Improvement Program: Cost Federal Local 1 . Obtain operational subsidies for FY 1974-75 72,419 34,437 37,982 2. Obtain operational subsidies for FY 1977-78 125,000 62,500 62,500 III. Motion: The following projects are added to the Wichita Falls Urban Trans- portation Plan 1970-1990: 1 . Signals on Kell Blvd. - Consultant contract for signals at Fairway, McNiel , Lawrence, Grant, Kemp, Taft, Harrison, Brook, and 6 signals at Interchange (U.S. 277-287) namely: 17th, 18th, Broad Holliday, Broad & Sibley, and Holliday & Sibley 2. Grade separation - US 277 at East Road 3. Grade separation - US 287 at Peterson Road 4. Upgrade to Interstate standards - US 277 from 8th St. to North Study Area limit SECTION 3. The City Manager is authorized to execute required contracts, agreements, and certifications for continued transportation planning activities and for the City of Wichita Falls continuing to perform as the Metropolitan Planning Organization. Moved by Alderman McAlister that Resolution No. 2142 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: 630 Item 13a, cont'd. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 13b A proposed resolution was presented approving a multiple use agreement with the Texas Highway Department for construction of an exercise and jogging course on Kell right of way property. RESOLUTION NO. 2143 RESOLUTION APPROVING MULTIPLE USE AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COVERING PROPOSED FITNESS TRAIL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain multiple use agreement, a copy of which is attached hereto, between the City of Wichita Falls and the State Department of Highways and Public Transportation, covering the proposed Fitness Trail to be constructed by the City on the Kell Freeway right-of-way is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2143 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13c A proposed resolution was presented approving appraisals for midtown property. RESOLUTION NO. 2144 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR MIDTOWN IMPROVEMENTS PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Midtown Improvements Project; and, WHEREAS, such properties have been appraised by an independent appraiser employed by the City for this purpose, and the amounts of these appraisals have been studied by the Board of Aldermen, and copies of same are now in the possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas for the Midtown Improvements Project: WARRANTY DEED S 30' of Lot 3, Block 182, Original Townsite Lots 4 & 5, Block 182, Original Townsite Lots 6 & 7, Block 182, Original Townsite Total of values approved in this resolution 56,750.00 Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section 2, if the acquisition of such property makes it necessary that any person be displaced , the City 631 Item 13c, cont'd. Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b, Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tracts for such approved values he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls , Texas. He is further authorized when in his judgment it appears to be in the best interest of the City to do so, to purchase such properties for more than the appraised values in order to save the estimated cost of condemnation. Moved by Alderman McAlister that Resolution No. 2144 be passed. Motion seconded by Alderman Adcock. J. L. Jackson appeared, stated that Midtown requested that he take an option on two of these properties in the downtown area. One property was appraised for $30,000 and the other $37,500. He feels the appraisals in the resolution are unfair to the property owners in the light in which the city desires to use them. The City Manager noted that Mr. Featherston and Mr. Saulsbury provided these appraisals. Alderman Bassett stated that Midtown Now has placed them in a bind. They should have consulted with the City on this matter. Alderman McAlister suggested that we purchase it for the City's appraised value, and sell it to Midtown Now at their prices, and let them develop it. J. C. Boyd explained that Midtown Now got the option three or four months ago as the most desireable additional parking area available to the activities center. They felt that getting an option on it would at least put a ceiling on the prices for much needed parking. The option was for 60 days. This was done before the City's action. Alderman Bassett suggested that they should have waited for the Council 's action, or check with them on it. The motion was carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 13e A proposed resolution was presented authorizing purchase or condemnation of property for the Eastside pump station project. RESOLUTION NO. 2145 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTY FOR THE EASTSIDE PUMP STATION PROJECT. WHEREAS, it is necessary to acquire the property hereinafter described for the Eastside Pump Station Project; and, WHEREAS, such property has been appraised by an independent appraiser employed by the City for this purpose, and the amount of this appraisal has been studied by the Board of Aldermen, and a copy of same is now in the possession of the Director of Public Utilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following property in Wichita Falls, Texas for the Eastside Pump Station Project: WARRANTY DEED 0.91 acre out of a 71 .55 acre tract in Block 16 of Cherokee County School Land in Abstract 33, Wichita County, Texas. The total of value approved in this resolution 4,550.00 632 Item 13e, cont'd. Section No. 2 The approved value of such property is hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tract of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tract is the value as determined by the appraisal made by the independent appraiser referred to above. Section No. 3 In the event the City Manager is unable to purchase 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 City of Wichita Falls , Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Moved by Alderwoman Russell that Resolution No. 2145 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 15a A proposed resolution was presented approving Change Order Number 3 to the Zack Burkett contract for airport improvements. RESOLUTION NO. 2146 RESOLUTION APPROVING CHANGE ORDER NO. 3 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, the paving portion of this contract has been completed and final adjustments for as built quantities have been measured on the site; and, WHEREAS, this measurement indicates that the actual quantities utilized in the project exceed the estimated quantities; and, WHEREAS, the measured quantity of materials used will increase the construction fees by $673.10. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 3, a copy of which is attached hereto, to such contract with Zack Burkett Co. , is hereby approved, and the City Manager is authorized to execute Change Order No. 3 on behalf of the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2146 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 16d Three appointments to the Traffic Safety Council are necessary at this time. Moved by Alderman Thomas that Bill Warren, Charlie Kraft, and Mrs. Johnelle (Berry) Donnell be appointed to the Traffic Safety Council . Motion seconded by Alderman Smith, and carried unanimously. Item 16e City Attorney H. P. Hodge requested an executive session to discuss a law suit. 633 Mayor Hill read a proclamation declaring the week of May 14-20 as International City Clerks ' Week. Items 16a, b, and c were deleted from the agenda because no action could be taken on them at this time. Alderman McAlister inquired if we could start outside renovation on the Dillard Building? The City Manager explained that it would take the architect two months to complete plans and specifications. He expects to have some recommendations at the June 6 meeting. Alderwoman Russell agreed with Alderman McAlister's thinking. Alderman Adcock noted that he has seen the multimillion dollar activities centers at Beaumont and Lubbock, and feels that Wichita Falls will have something as functional as they do for much less cost. Alderman Thomas stated that we should not waste money for show. The Council went into executive session at 10:50 A.M. , and reconvened at 11 :12 A.M. City Attorney H. P. Hodge explained that he had requested guidance as to what action the Council desired him to take with regard to the case of Charlotte Abel against the City of Wichita Falls regarding sale of alcoholic beverage. Moved by Alderman Thomas that the case be appealed to the Supreme Court. Motion seconded by Alderman Adcock, and carried unanimously. The Board of Aldermen adjourned at 11 :15 A.M. PASSED AND APPROVED this G1. day of e 1978. MAYOR ATTEST: z -)2- ,ee CITY CLERK CHANGE OWNER C 4; 6ARCHITECTJ ORDER CONTRACTOR EJ FIELD AM DOCUMENT G701 OTHER PROJECT: CHANGE ORDER NUMBER:Four name, address) Eastside Neighborhood Service Center TO (Contractor) F- 1100 Smith Street 7 ARCHITECT'S PROJECT NO:7658 Meyers Bros . , Inc .CONTRACT FOR: 378 ,932 . 00 General Contractors P. O. Box 5126 L Wichita Falls, Texas 76307 CONTRACT DATE: 26 October 1977 You are directed to make the following changes in this Contract: 1. Eliminate the resilient floor tile as specified and scheduled for Clerical Rm. 116 . In lieu of the tile, provide Debron (18"x18" ) carpet tiles, P/2200, by Interface Flooring Systems . Color: No . 13, Charcoal . Install as per manufactured printed instructions, dated USA-10/76 . The original Contract Sum was 378 , 932 . 00 Net change by previous Change Orders 2 ,308 . 23 The Contract Sum prior to this Change Order was 381,240 . 23 The Contract Sum will be (increased) (14 Qua seki)xoaEtcbalg by this Change Order . . $ 385 . 00 The new Contract Sum including this Change Order will be 381,625 . 23 The Contract Time will be l4d'cxeli )xadorc9caBekt) (unchanged) by 0 ) Days. The Date of Completion as of the date of this Change Order therefore is 23 August 1978 Lambert-Dunham-Assoc . Meyers Bros . , Inc . City of Wichita Falls ti ,ITEfTarker Sq . Bk. Bldg. °lRA$8xte_ 5126 VWbER Box 1431 Addr•ss Address Address Wic i . Fal s, Tx. Wichita Falls , Tx. Wichita Falls, Tx. BY 1I ' ii 'I./I BY_ r /? DA 26 April 1978 DATE26 April 1978 DATE26 April 1978 AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • @ 1970 • THE ONE PAGE AMERICAN INSTI1UFE OF ARCHITECTS, 1735 NEW YORK AVE., NW,WASHINGTON, D.C. 20006 i / it V THE STATE OF TEXAS X COUNTY OF WICHITA X CONTRACT FOR FEASIBILITY STUDY This contract made and entered into this the 16th day of May , 1978 , by and between the City of Wichita Falls , hereinafter called City , and Corlett ,Probst & Boyd, herein- after called Engineers , WITNESSETH: FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, the parties hereto do hereby agree as follows : 1. Engineers shall study the feasibility of divert- ing a major portion of the water carried by the concrete drainage ditch along the north side of Southwest Parkway into Holliday Creek before it reaches McGrath Creek. The scope of the study is as follows : A. Calculate the present 25 year , 50 year and 100 year runoff into the Southwest Parkway channel. Esti- mate the future increase when the contributing area is fully developed. B. Investigate the routing of the relief facil- ity to include the following routes : 1) From Southwest Parkway down abandoned railroad right-of-way (now owned by TESCO) to old Holliday Creek channel. 2) Down K-Mart Drive -- thence easterly to abandoned railroad; thence down railroad to old Holliday Creek channel. 3) Down west side of Midwestern Farms to north side of Lake Wichita Darn; thence southeasterly to old Holliday Creek channel. C. Select most feasible route. Include exist- ing underground utilities , right-of-way restrictions , and location of existing aboveground facilities in the report. s. Estimate depth to groundwater and note general soil char- acteristics . D. Indicate probable relief to be experienced on McGrath Creek if the recommended improvements are built. E . Estimate costs of recommended improvements. 2. The feasibility study will be completed within 120 days of receipt of authorization to proceed from the City' s Director of Public Works. 3. One preliminary copy of the report will be sub- mitted to City ' s Director of Public Works for his comments and review. Five copies of the final report will be fur- nished City when the study is completed. 4 . City shall pay to Engineers for their services hereunder the sum of $4 , 890 , which shall be payable upon the completion of the study. 5. In the event City' s Board of Aldermen decide to construct the project, and in the event Engineers are given a contract for the engineering design of the project, the full amount of the fee paid for this feasibility study will be credited on the fee for the engineering design. IN WITNESS WHEREOF , the parties hereto have caused this instrument to be executed as of the day and year first set out above. City of Wichita Falls By : ATTEST: City Manager City Clerk Approved as to form: Corlett, Probst & Boyd City Attorney By: 2 60 . / 9 MULTIPLE USE AGREEMENT STATE OF TEXAS COUNTY OF WICHITA 1 THIS AGREEMENT made this day of A.D. 19 by and between the State Department of Highways and Public Transportation, herein- after referred to as "State", party of the first part, and City of Wichita Falls, Texas, hereinafter called the "City", party of the second part. 51 WITNESSETH WHEREAS, the City has requested the State to permit the construction, main- and operation of a Fitness Trail on the highway right-of-way; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agree- ments with the State for the purpose of determining the respective responsibilities of the City and State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety; impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. mm AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows : 1. The parties hereto will prepare or provide for the construction plans for the 1 facility, and will provide for the construction work as required by said plans. Said plans shall include the design of the access control , necessary horizontal and vertical clearances from highway structures , adequate landscape treatment, and general layout; and they shall also delineate and define the construction responsibilities of both parties hereto and when approved shall be attached to the agreement and made a part thereof in all respects. Any future revisions IP or addition of permanent improvements shall be made after prior approval of the State. 2. Ingress and egress shall be allowed at all times to such facility for State forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. Parking regulations shall be established limiting parking to single unit motorCAilvehiclesofsizeandcapacitynogreaterthanprescribedfor1-1/2 ton trucks, I such vehicles to conform in size and use to governing laws. 1 1-5 4. Regulation shall be established prohibiting the parking of vehicles transporting inflammable or explosive loads and prohibiting use of the area in any manner for peddling , advertising, or other purposes not in keeping with the objective of a public facility. The erection of signs other than those required for proper usage of the area will be prohibited. All signs shall be approved by the State. 5. Maintenance and operation of the facility shall be entirely the responsibility of the City. Such responsibility shall not be transferred, assigned or conveyed to a third party without approval of the State. Further, such responsibility shall include picking up trash, mowing, and otherwise keeping the facility inLiacleanandsanitarycondition , and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes , vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. 6. Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operation thereof, and shall be subject to State approval . 7. This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of 'anyor,„ such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. 8. All structures located or constructed within the area covered by the agreement shall be fireproof. The storage of inflammable materials or other operations deemed to be a potential fire hazard shall be subject to regulation by the State. 9. If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facility, impairing safety, or that the facility is not being properly operated , that it constitutes a nuisance, or if IF for any other reason it is the State' s judgment that such facility is not in the public interest, this agreement under which the facility was constructedkimaybe: ( 1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility, or (2) fermi- nated and the use of the area as proposed herein discontinued. 10. Upon written notification by either party hereto that such facility should be discontinued, each party shall , within thirty (30) days , clear the area of all facilities that were its construction responsibility under this agreement, as necessary to restore the area •to a condition satisfactory to the State. 11. It is understood that this agreement in no way modifies or supersedes the terms 6,1 and provisions of any existing agreements between the parties hereto. 12. The City shall , insofar as it is legally permitted and subject to such limita- tions , indemnify the State against any and all damages and claims for damages, including those resulting from injury to or death of persons or for loss of or r 2-5 damage to property, arising out of, incident to or in any manner connected with its construction, maintenance or operation of the facility, which indem- nification shall extend to and include any and all court costs , attorney's fees and expenses related to or connected with any claims or suits for damages and shall , if requested in writing by the State to do so, assist the State with or relieve the State from defending any suit brought against it. Neither party hereto intends to waive, relinquish, limit or condition its right to NI avoid any such liability by claiming its governmental immunity. When notified by the State to do so, the other party hereto shall promptly pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operation of the facility, or its duly authorized agents or employees , and shall promptly re- imburse the State for costs of construction and/or repair work made necessary Ai by reason of such damages . Nothing in this agreement shall be construed as creating any liability in favor of any third party or parties against either of the parties hereto nor shall it ever be construed as relieving any third party or parties from any liabilities of such third party or parties to the parties hereto, but the t. other party hereto shall become fully subrogated to the State and shall be entitled to maintain an action over and against third party or parties legally liable for having cause it to pay or disburse any sum of money hereunder. 13. The City shall provide necessary safeguards to protect the public on State- maintained highways including adequate insurance for payment of any damages which might result during the construction of the facility occupying such air- space or thereafter, and to save the State harmless from damages , to the extent of said insurance coverage and insofar as it can legally do so. 14. The use of this land under such agreement shall not be construed as abandonment by the State of such land acquired for highway purposes. It is to be under- stood that the State, by execution of this agreement, does not impair or relinquish the State' s right to use such land for right-of-way purposes; and, when it is required for construction of the traffic facility for which it was acquired, the facility provided by this agreement shall be removed by the City at no cost to the State within 30 days after notification by the State. The facility constructed under .this agreement shall not be signed , labeled, or Lj referred to as a park. 15. If the facility is located on the Federal -aid highway system, "ATTACHMENT A" , which states additional requirements as set forth in the Federal Highway Administration' s Federal-Aid Highway Program Manual , shall be attached to and become a part of this aggreement. II . The City, for itself, its personal reqpresentatives , successors and interests and assigns , as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons , on the ground of race, color or national origin shall be excluded from participation in, be denied the benefits rub of, or be otherwise subjected to discrimination in the use of said facility; 2) that in the construction of any improvements on, over or under such land and mr the furnishing of services thereon, no person on the ground of race, color, or Li national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the m. 3-5 premises in compliance with all other requirements imposed by or pursuant toTitle49 , Code of Federal Regulations , Department of Transportation , Subtitle A,Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil RightsActof1964, and as said Regulations may be amended. ESA That if in the event of any breach of the above non-discrimination covenants , theElStateshallhavetherighttoterminatetheleaseandreenterandrepossesssaid ii land and the facilities thereon, and hold the same as if said lease had neverbeenmadeorissued. IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City wg on the day of A.D. 19 and the State on the day of A. D. 19 A STATE OF TEXAS il Certified as being executed for the purpose and effect of activating and/or carryingBy: out the orders , established policies , orr'', Title •work programs heretofore approved by the State Highway and Public TransportationilCommission. ATTEST: ii By: Engineer-Director Title Ll APPROVAL RECOMMENDED: ii District Engineer Chief Engineer of Maintenance Operations Chief Engineer of Highway Design Lidi g iii r ta 4-5 ATTACHMENT A Inasmuch as this project is on the Federal -aid highway system, the followingadditionalrequirementsareapplicableinaccordancewiththeFederalHighwayAdministration ' s Federal -Aid Highway Program Manual . 1. Any significant revision in the design or construction of the facility shallreceivepriorapprovalbytheStateDepartmentofHighwaysandPublicTrans-portation subject to concurrence by the FHWA. 2. Any change in the authorized use of airspace shall receive s rior approvaltheStateDepartmentofHighwaysandPublicTransportationsubjecttocon-currence by the FHWA. 3. The airspace shall not be transferred , assigned or conveyed to another partywithoutpriorStateDepartmentofHighwaysandPublicTransportationapprovalsubjecttoconcurrencebytheFHWA. 4. This agreement will be revokable in the event that the airspace facility71ceasestobeusedorisabandoned. d E 1,. r7 F P 1 5-5 4, < / CONTRACT CHANGE ORDER Phase III porr, rov `s - ORDER NO. 3WichitaFallsMunicipalAir CONTRACT FOR: Phase III DATE May 4, 1978 Wichita Falls Municipal% errtts - OWNER: City of Wichita Falls TO: Zack Burkett Company You are hereby requested to comply with tthe tfollowingplansandspecifications: changes from the contract DESCRIPTION OF CHANGES DECREASE INCREASESupplementalPlans & Specifications Attached):in Contract Price: in Contract Price ADD Concrete Pavement 26 SY @ 18.73/SYPrimeCoat48Gal@0.94/Gal 486.98 Tack Coat 150 Gal @ 0.94/Gal 45.12 141.00 TOTALS $ 673.10 NET CHANGE IN CONTRACT PRICE $ 673.1nJUSTIFICATION: Adjustments for Final as built quantities as measuredonsite. The amount of the Contract will be (NMKgggaHundred Increased) by the Sum of: SixundredSeventyThreeand10/100 Dollar.673.10TheContractTotalincludingthisandpreviousChangeOrderswillbe: One HundredFiftySixThousandSixand64/100 The Contract Period provided for completion will be Dollars($156,006.64 ) Unchanged) Days. This document will become a supplement to the contract and all provisions willapplyhereto. 1 rRequested:(Own r)41 A,J I i9/6)) Recommended:(ENGINEER)Date) Acce.ted:(Co.:tractor) Date Date)