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Min 11/16/1982 I Wichita Falls, Texas Memorial Auditorium Building November 16, 1982 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. Horace 0. Boston Mayor Pro tem Gene Shearman John W. Hampton Carol G. Russell Aldermen Craig A. Wilson Gary D. Cook Absent Howard M. Morris Absent Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by John Payne, All Saints Episcopal Church. Item 3 Moved by Alderman Wilson that minutes of the meetings held November 2 and 5, 1982, be approved. Motion seconded by Alderman Russell , and carried unanimously. Item 4a - 7d Moved by Alderman Wilson that Items 4a - 7d on the consent agenda be approved. Motion seconded by Alderman Russell . Item 4a RESOLUTION NO. 213-82 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT WITH MYRICK, NEWMAN, DAHLBERG AND PARTNERS, INC. FOR ASSISTANCE IN PREPARING A PARKS, RECREATION SERVICES, AND OPEN SPACE PLAN. WHEREAS, the Board of Aldermen passed and approved Resolution No. 77-82 on May 4, 1982, authorizing the City Manager to execute a contract with Myrick, Newman, Dahlberg and Partners, Inc. to assist in preparing a Parks, Recreation Services, and Open Space Plan; and, WHEREAS, in order to provide sufficient time for the Park Board to review the Plan and supporting data prior to publication of the final document by MND. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to amend the contract with Myrick, Newman, Dahlberg and Partners, Inc. for assistance in preparing a Parks, Recreation Services, and Open Space Plan, changing the completion date from November 30, 1982 to December 30, 1982. The amount of the contract shall remain the same. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. 2 Item 4b RESOLUTION NO. 214-82 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR WATER RESOURCES DIVISION FOR CERTAIN WATER SOURCE INVESTIGATIONS FOR 1982-83 STATE FISCAL YEAR. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A certain contract, copy of which is attached hereto, between the City of Wichita Falls and the Geological Survey of the United States Department of the Interior, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. AYES: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 5a RESOLUTION NO. 215-82 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO C. D. GRAHAM CONSTRUCTION COMPANY; ON THE BELLEVUE PARK IMPROVEMENTS PROJECT. WHEREAS, the City of Wichita Falls and C. D. Graham Construction Company entered into a contract dated March 2, 1982, wherein such Contractor agreed to construct certain improvements to Bellevue Park; and, WHEREAS, such project has been completed in accordance with the plans and specifications; and, WHEREAS, Change Orders Nos. 1 and 2 have heretofore been approved; and, WHEREAS, the final estimate has been submitted which shows the total amount due under such contract is $214,205.06, of which $203,494.80 has been paid to the Contractor, leaving a balance due of $10,710.26. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such project is hereby accepted, the final estimate is hereby approved, and the City Manager is authorized to pay to said Contractor the balance due as set out above. AYES: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 5b RESOLUTION NO. 216-82 RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE SOLID WASTE TRANSFER STATION. WHEREAS, the City of Wichita Falls and Hambrick-Craig Construction Company, as Contractor, entered into a contract dated August 18, 1981 , for the construction of the solid waste transfer station; and, WHEREAS, Change Order No. 2 in the amount of $2,099.00 will decrease the estimated contract price to a final value of $1 ,958,788. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 2 to the contract dated August 18, 1981 , with Hambrick-Craig Construction Company, a copy of which Change Order No. 2 is attached hereto, is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls. AYES: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. 3 Item 6a Authority was granted to advertise for bids for water main replacements on Ninth Street. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 6b Authority was granted to advertise for bids for Community Development Block Grant water main additions and replacements project. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 6c Authority was granted to advertise for bids for sewer improvements along Seymour Highway and Briargate and Certainteed Corporation. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 7 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners - October 21 , 1982 b. Design Review Commission - October 21 , 1982 c. Park Board - October 28, 1982 d. Traffic Safety Council - October 6, 1982 Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 8a A proposed ordinance was presented appropriating grant funds for the purchase of emergency warning sirens. ORDINANCE NO. 108-82 AN ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND GRANT REVENUES TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 8b A proposed ordinance was presented granting authority to H.P.R. Partnership to construct a parking card-reader on public right-of-way. ORDINANCE NO. 109-82 j ORDINANCE GRANTING AUTHORITY TO H.P.R. PARTNERSHIP TO CONSTRUCT A CARD READER CONTROL ON THE ELEVENTH STREET RIGHT-OF-WAY. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. 4 Item 8c A proposed ordinance was presented amending the Code of Ordinances to allow the Kiva Inn to be included in the liquor zone. ORDINANCE NO. 110-82 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 4 OF THE CODE OF ORDINANCES. Moved by Alderman Hampton that Ordinance No. 110-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson. Nays: None. Mayor Cook and Alderman Morris were absent. Item 9a v A proposed resolution was presented, receiving the historic preservation survey and plan for Wichita Falls. A motion was made by Alderman Shearman, and seconded by Alderman Russell that the resolution be approved. Alderman Hampton stated that he would be unable to vote in favor of it the way it is written. The Council is being asked to approve this sight unseen, and he feels all Council members should be fully aware of what it contains before they are asked to vote on it. They have gone way too far in asking us to approve this plan. It was not previously put on the agenda. He noted that they authorized the study, but he cannot adopt the plan. Alderman Wilson expressed reservations, also, stating that it states that additional personnel should be hired by the City, and he feels this is an area that they should take a look at. He stated that historic preservation is not one of the basic functions of the City, and is something which we should take a close look at. Alderman Russell stated that Roger McKinney, Planning Director, could substantiate the amount of time spent on this. It is a valid and orderly in-process function of our Planning Department. There are many cities which have more than one full-time staff person devoted to this because of not only commercial development, but the finances of the community. Nancy Sherrill appeared as President of the Wichita Falls Historical Society. She stated that these are recommendations, and are not rules and regulations. She stated that this is an important first step in the preservation of Wichita Falls, and it is important that it be adopted so that the Design Review Commission can begin to do their work. Alderman Hampton stated that the resolution is written so that we are adopting the report, and not just receiving it. He stated that he cannot adopt it even as a recommendation. He called attention to Page 44 of the report, stating that perhaps some of the new members may not have seen it. Moved by Alderman Shearman that the motion be amended to only receive the historic preservation survey as a general guide for historic preservation. Motion seconded by Alderman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton and Wilson Nays: Alderman Russell RESOLUTION NO. 217-82 A RESOLUTION RECEIVING THE HISTORIC PRESERVATION SURVEY AND PLAN FOR WICHITA FALLS, TEXAS AS A GENERAL GUIDE FOR HISTORIC PRESERVATION. WHEREAS, the Board of Aldermen passed and approved Resolution No. 2849, authorizing the City Manager to execute a contract with the Wichita County Heritage Society for the Historic Preservation Survey and Plan for Wichita Falls, Texas; and, 5 ✓ Item 9a, cont'd. WHEREAS, the Wichita County Heritage Society engaged Ellen Beasley, Consultant, to prepare the plan; and, WHEREAS, the Design Review Commission has accepted the survey and plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Historic Preservation Survey and Plan for Wichita Falls, Texas is hereby received as a general guide for historic preservation. Moved by Alderman Shearman that Resolution No. 217-82 be passed, as amended. Motion seconded by Alderman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item lOa Bids were considered for five emergency warning sirens. It was recommended that the low bid be awarded to Fire Appliance Company, Wichita Falls , in the amount of $40,825. Moved by Alderman Shearman that the bid be awarded, as recommended. Motion seconded by Alderman Hampton, and carried unanimously. Item 10b r Bids were considered on a water line to serve the new landfill . RESOLUTION NO. 218-82 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE LANDFILL WATER SYSTEM. WHEREAS, the City of Wichita Falls has advertised for bids for the Landfill Water Supply System; and, WHEREAS, five bids were received, and it is found that the bid of Bowles Construction Company in the amount of $32,383.88 is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Bowles Construction Company in the amount of $32,383.88 is hereby accepted, and the City Manager is authorized to execute a contract with Bowles Construction Company for the construction of such improvements. Moved by Alderman Shearman that Resolution No. 218-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Hampton, Russell and Wilson Nays: None. Mayor Cook and Alderman Morris were absent. Item 1 Oc Bids were considered on 125 sets of fire fighting bunker suits. It was recommended that the low bid of American Fire Equipment Company, Inc. , be awarded in the amount of $24,437.50. Moved by Alderman Wilson that the bid be awarded, as recommended. Motion seconded by Alderman Shearman, and carried unanimously. 6 Item lla Charles Moose, 604 Sunset Drive, stated that he had called the Animal Control Center about stray cats, and was told that they couldn't do anything about them because the ordinance did not cover cats. The City Manager stated that a proposed ordinance is in draft form at the Health Department, but that his office has not yet received it. Mr. Moose also asked Mayor Pro tem Boston if he had received a letter from Washington about himself? Mayor Pro tem Boston stated that he had not; perhaps Mayor Cook may have received one. Mr. Moose stated that the City Manager knows what this is about. The Board of Aldermen adjourned .a�7t 8:55 A.M. PASSED AND APPROVED this the / day of 1982. G y D. ook, Mayor ATTEST: Wilma J. Thomas, City Clerk Form 9-1366 Department of the Interior (Rev. 32) Geological Survey Joint Fundinq Agreement 14ATER RESOURCESFOINVESTIGATIONS THIS AGREEMENT is entered into as of the ISt day of October 19 82 by the GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the CITY OF WICHITA FALLS party of the second part. I. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a program involving the collection of continuous streamfl ow, lake levels, and water-quality data, hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this ,rogram, but excluding any general administrative or accounting work in the office of either party. (a) S5,850 by the party of the first part during the period October 1, 1982 to September 30, 1983 (b) $5,850 by the party of the second part during the period October 1, 1982 to September 30, 1983 (c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the party of the second part. Each party shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. S. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become part of the records of that office. Copies shall be furnished to the party of the second part upon request. 8. The maps, records of reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall,upon request,be furnished by the party of the first part, at cost,impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records or reports published by either party shall contain a statement of the cooperative relations between the parties. CITY OF 141CHITA FALLS GEOLOGICAL SURVEY UNITED STATES By DEPARTMENT OF THE INTERIOR By By (SIGNATURE & TITLE ) By District Chief, WRD Austin, Texas (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) page 3 of 3 Pages Ag a nTa—Itetn—No.