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Min 01/04/1983 47 Wichita Falls , Texas Memorial Auditorium Building January 4, 1983 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. Gary D. Cook Mayor Gene Shearman Carol G. Russell Craig A. Wilson Aldermen Howard M. Morris Horace 0. Boston John W. Hampton Absent Dane J. Bennett Acting City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by James L. Heckathorn, First Church of the Nazarene. Item 3 Moved by Alderman Morris that minutes of the meeting held December 21 , 1982, be approved. Motion seconded by Alderman Boston, and carried unanimously. Item 4a - 8a Moved by Alderman Wilson that Items 4a - 8a on the Consent Agenda, be approved. Motion seconded by Alderman Morris. Item 4a A proposed ordinance was presented appropriating $11 ,523.00 to purchase a Fire Department pumper. Alderman Russell inquired if there has been any thought of changing the red color to yellow as we add equipment to the inventory? Acting Fire Chief Jameson stated that the department has one yellow piece of equipment, and they have not noticed any significant evidence that that color is better than red. If they change them, they will need to change all of them at once. He stated that there are studies all over the country, and there is no evidence that any color is better than red. Dallas has recently changed all their equipment to white. ORDINANCE NO. 1-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL EQUITY FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris , and Boston Nays: None Item 4b ORDINANCE NO. 2-83 ORDINANCE PROHIBITING DISCRIMINATION IN PUBLIC ACCOMMODATIONS, AND PROVIDING AN ADMINISTRATIVE PROCEDURE FOR THE HANDLING OF COMPLAINTS CONCERNING SUCH DISCRIMINATION. 48 Item 4b, cont'd. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 4c ORDINANCE NO. 3-83 ORDINANCE AMENDING ARTICLE II OF CHAPTER 13 OF THE CODE OF ORDINANCES (SECTIONS 13-11 THROUGH 13-27) , WHICH PROHIBITS DISCRIMINATORY HOUSING PRACTICES, AND PROVIDES AN ADMINISTRATIVE PROCEDURE FOR THE HANDLING OF COMPLAINTS CONCERNING SUCH PRACTICES. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 4d ORDINANCE NO. 4-83 ORDINANCE PROHIBITING DISCRIMINATION IN EMPLOYMENT PRACTICES, AND PROVIDING AN ADMINISTRATIVE PROCEDURE FOR THE HANDLING OF COMPLAINTS CONCERNING SUCH PRACTICES. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5a RESOLUTION NO. 1-83 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THEIR PROVIDING FUNDS FOR THE SALARY OF ONE SANITARIAN II . THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, Certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Texas Department of Health, whereby such Department shall provide funds for the salary (which shall not include fringe benefits) of one Sanitarian II is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5b RESOLUTION NO. 2-83 RESOLUTION CONTINUING CITY-COUNTY HEALTH UNIT FOR TWO YEARS. WHEREAS, the Board of Aldermen of the City of Wichita Falls by enacting Resolution No. 437 on December 23, 1960, adopted the terms of Article 4436a-1 of Revised Civil Statutes of Texas and thereby ratified the continued joint operation of the Wichita Falls City-County Health Unit; and, WHEREAS, by the terms of Section 6 of said Article 4436a-1 , at the end of every two year period of operation, said respective governmental bodies shall determine, by resolution, whether said unit shall be continued as a City-County Health Unit or shall be operated separately as now provided by law; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, does desire to continue the operation of said unit as a City-County Health Unit for another two year period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 49 Item 5b, cont'd. The Wichita Falls City-County Health Unit shall be continued as a City- County Health Unit under Article 4436a-1 of the Revised Civil Statutes of Texas for the two year period from January 1 , 1983, through December 31 , 1984. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5c RESOLUTION NO. 3-83 r RESOLUTION APPOINTING GARLAND R. DEAN, M.D. , TO THE WICHITA FALLS CITY-COUNTY BOARD OF HEALTH. WHEREAS, the Board of Aldermen of the City of Wichita Falls by enacting Resolution No. 437 on December 23, 1960, adopted the terms of Article 4436a-1 of Revised Civil Statutes of Texas and thereby established a joint City-County Board of Health; and, WHEREAS, by the terms of Section 2 of said Article 4436a-1 , the appointment of members to the seven member City-County Board of Health shall be by joint action of the Wichita Falls Board of Aldermen and the Wichita County Commissioners Court; and, WHEREAS, Dr. Garland R. Dean' s first two-year term on the City-County Board of Health expires December 31 , 1982; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls desires to make an appointment of a member to fill the vacancy on the City-County Board of Health, subject to ratification of said appointment by the Wichita County Commissioners Court. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Garland R. Dean, M.D. is hereby appointed a member of the Wichita Falls City-Council Board of Health for a term of two years, commencing January 1 , 1983, provided said appointment is duly ratified by the Wichita Falls Commissioners Court. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5d RESOLUTION NO. 4-83. RESOLUTION CONFIRMING APPOINTMENT BY COMMISSIONERS COURT OF TED C. ALEXANDER, JR. , D.O. AND MICKEY CORNELIUS TO THE WICHITA FALLS CITY-WICHITA COUNTY BOARD OF HEALTH. WHEREAS, the Commissioners Court of Wichita County, Texas has appointed Ted C. Alexander, Jr. , D.O. and Mickey Cornelius as members of the Wichita Falls City-Wichita County Board of Health for two year terms commencing January 1 , 1983 and expiring December 31 , 1984. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The appointments by the Commissioners Court of Wichita County, Texas of Ted C. Alexander, Jr. , D.O. and Mickey Cornelius as members of such Board of Health for terms expiring December 31 , 1984 are hereby confirmed. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5e RESOLUTION NO. 5-83 RESOLUTION APPROVING LEASE OF FIRE TRUCK TO LAKE ARROWHEAD VOLUNTEER FIRE DEPARTMENT. 50 Item 5e, cont'd. WHEREAS, Lake Arrowhead Volunteer Fire Department, a non-profit corporation which provides fire protection and prevention for area residents at Lake Arrowhead, is in need of a fire truck; and, WHEREAS, the City of Wichita Falls owns a fire truck consisting of a government surplus one-ton pickup truck on which is mounted a portable pump and water tank; and, WHEREAS, this fire truck is not presently needed by the City of Wichita Falls, and the Lake Arrowhead Volunteer Fire Department is willing to fight fires on City-owned property at Lake Arrowhead, if City will lease them this fire truck for $1 .00 per year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and Lake Arrowhead Volunteer Fire Department, for the lease of a fire truck, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5f RESOLUTION NO. 6-83 RESOLUTION APPROVING LICENSE AGREEMENT FOR JET-SKI RENTAL AT LAKE WICHITA. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain license agreement, a copy of which is attached hereto, between the City and Bob Schuchman and C. L. Lakey, authorizing them to operate a jet-ski rental at Lake Wichita, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 5g RESOLUTION NO. 7-83 RESOLUTION APPROVING AN.D AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF TEXAS CONCERNING CAPITAL ASSISTANCE FUNDING OF TRANSIT FACILITIES. 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 the State of Texas acting by and through the State Department of Highways and Public Transportation, is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 6a The bid for one ten-cubic yard dump body for Public Utilities was awarded to Longhorn Trailer Company, in the amount of $5,997.00, as the lowest, most responsible bidder. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None 51 Item 6b The bid for selected IBM equipment, as listed, was awarded to Roselius Computer Corporation in the amount of $18,185.36. One 3274 Control Unit, seven 3278 Display Stations, six 3279 Display Stations, two 3287 Printers, and three 4633 Keyboards. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None i Item 7a Authority was granted to advertise for bids for a mobile asphalt patching machine. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None i Item 8a Minutes of the meeting of the Park Board held December 9, 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 9a Bobby D. Bohanon, an employee of the Police Department, was honored as Employee of the Month for January. Mayor Cook presented him with a plaque and two tickets each to a theatre and dinner. Item l0a A proposed ordinance was presented creating a Mechanical Code Board of Adjustments and Appeals. ORDINANCE NO. 5-83 ORDINANCE CREATING A MECHANICAL CODE BOARD OF ADJUSTMENTS AND APPEALS. Moved by Alderman Morris that Ordinance No. 5-83 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item Ila A proposed resolution was presented extending the suspension of Lone Star Gas Company' s rate increase request for an additional 30 days. RESOLUTION N0. 8-83 RESOLUTION EXTENDING FOR AN ADDITIONAL THIRTY DAYS THE SUSPENSION OF THE OPERATION OF THE PROPOSED RATE SCHEDULES FILED BY LONE STAR GAS COMPANY. WHEREAS, Lone Star Gas Company did, on August 11 1982 file a schedule of P y 9 > rates for gas service within the City of Wichita Falls, to become effective September 16, 1982; and, WHEREAS, by Resolution No. 151-82, the Board of Aldermen suspended the operation of such proposed rate schedules for a period of 120 days from and after September 16, 1982 for further study, investigation, presentation of evidence and public hearings; and, i 52 Item lla, cont'd. WHEREAS, the Board of Aldermen finds that a longer time will be required for a final determination. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The suspension of the operation of the proposed rate schedules filed by Lone Star Gas Company on August 11 , 1982, is hereby extended for the period of an additional thirty days, for further study, investigation, presentation of evidence and public hearings. Moved by Alderman Shearman that Resolution No. 8-83 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None A work session with the consultant was scheduled for Tuesday, January 11 , 1983, at 8:30 A.M. Item llb A proposed resolution was presented authorizing an amendment to the grant for construction of a transit facility. RESOLUTION NO. 9-83 RESOLUTION AUTHORIZING THE FILING OF AN AMENDMENT TO CAPITAL ASSISTANCE GRANT TX-05-0075, UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FOR CONSTRUCTION OF A TRANSIT FACILITY. WHEREAS, the City of Wichita Falls has entered into a grant agreement with the United States Department of Transportation for the purpose of constructing a Central Services Complex which includes a bus maintenance facility; and, WHEREAS, certain changes have occurred in the design of the facility and in the estimated project budget; and, WHEREAS, the citizens have voted approval of a $2,500,000 bond issue for construction of a central maintenance complex. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager is authorized to execute and file an amendment on behalf of the City of Wichita Falls with the U.S. Department of Transportation in regard to project number TX-05-0075 relating to the financing of capital improvements, transit facility construction and equipment, to the transit system. That the City will provide labor and materials toward the local share of the funding; the Board of Aldermen will appropriate funds as necessary to ensure the full amount of local share. That the City Manager is authorized to reaffirm any assurances provided to the U.S. Department of Transportation already provided in the original grant application and as authorized in Resolution Number 2711 passed and approved on the 6th day of January, 1981 . That Dane J. Bennett, Acting City Manager, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application, this amendment, or the project. That the City Manager is authorized to execute amendments to the grant contract agreement with the U.S. Department of Transportation for aid in financing this capital improvement project. 53 Item llb, cont'd. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. j Moved by Alderman Boston that Resolution No. 9-83 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 12a The bid for a 1000 G.P.M. triple combination fire apparatus was recommended to Sutphen Corporation, Amlin, Ohio, in the amount of $96,523. Mayor Cook asked j if the bond were included, and Dane Bennett stated that it was. Moved by Alderman Wilson that the bid be awarded, as recommended. Motion seconded by Alderman Morris. Alderman Russell confirmed that we have not purchased equipment from this company before. She asked if the City feels comfortable with this? Acting Fire Chief Jim Jameson stated that he checked with other cities. Fort Worth just bought two new ones. They have been building equipment since 1887. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 13a was deleted from the agenda. Item 14a Permission was requested to advertise for bids for construction of the Central Services Complex. Moved by Alderman Shearman that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Morris, and carried unanimously. Item 15a A proposed ordinance was presented granting a waiver of sidewalk requirements to the owner of A.V. Mote's Garage on Eastside Drive. ORDINANCE NO. 6-83 ORDINANCE GRANTING WAIVER OF SECTION 27-29 (a) AND (c) OF THE CODE OF ORDINANCES TO ALLOW THE OWNER OF A.V. MOTE'S GARAGE TO DELAY CONSTRUCTION OF A SIDEWALK UNTIL SUCH TIME AS PEDESTRIAN TRAFFIC WARRANTS ITS CONSTRUCTION. Moved by Alderman Shearman, for discussion purposes, that Ordinance No. 6-83 be passed. Motion seconded by Alderman Boston, for the same reason. Alderman Shearman asked Randy Brown, Acting Director of Public Works, what the ordinance is on this? Mr. Brown explained that we have two ordinances dealing with this. One pertains to residential , and one to industrial . There is no waiver for industrial except under certain circumstances. It has been their policy that if it is physically impossible to install because of terrain, then it may be waived. They have also waived it if there is no curb and gutter. 54 Item 15a, cont'd. If there is no curb and gutter they try to get people to postpone it until curb and gutter is installed. Sometimes there has been a lack of communication between the Public Works Department, and the Inspection Department. They are trying to correct these procedures, and try to be fair with it. Mayor Cook asked if there are no adjacent sidewalks in this area? Mr. Brown stated that there are none. He further stated that they had the same situation with K-Mart on Loop 11 . If we don' t start somewhere, the next person wants the same variance, and there will not be any sidewalks installed. In this case, he does not see that it gives him the authority to waive it. If you want to continue with the sidewalk program, we either need to enforce it or amend it. Alderman Wilson asked what we need to do to have a fair mechanism? Mr. Brown stated that he does not feel that it is the ordinance, but whether we want to continue with the sidewalk policy. If we want to deem certain areas as non-pedestrian, that is getting into a complicated situation with the Planning Department. They cannot come up with simple solutions to these problems. The way the ordinance reads, the need is felt for sidewalks in the City, and they felt like a commercial business going in could surely afford the sidewalk. A waiver has been given on residential , but not on commercial . City Attorney H.P. Hodge stated that the question of sidewalks has been plaguing the Council for a long time. Some members of the Board of Aldermen felt that sidewalks should be everywhere, and some felt they were not needed, so they were continually changing it. It has been more stable since we have this ordinance than it has ever been before. Mayor Cook stated that he has a problem determining at what time pedestrian traffic warrants its construction. Mr. Brown agreed. If there are no people walking down the sidewalk, they are not needed. On the other hand, if there are no sidewalks, then people can't walk down them. Mayor Cook asked if there are any cities that have tried a certain percentage of development, such as 50 percent, in determining sidewalks? On the other hand he sees it more difficult to determine other than a percentage of develop- ment in a given area. Mr. Brown stated that they have not looked at it. Here it would be simple to install the sidewalks. He cannot come up with a situation that will not cause them problems. He has asked Mr. McKinney for his help, and they have come up with a loss. Mayor Cook and Alderman Shearman noted that the reason for sidewalks in the City View area was because of the school . Alderman Russell asked about traffic counts in this area of Eastside Drive, and what is the speed limit in that area? Mr. Brown stated that it is 45 miles per hour. Alderman Russell noted that a safety factor might become an issue in considering it. Alderman Wilson agreed that that, and the proximity of residences in that area should be considered. It is across from Central Freight on Eastside Drive and there are very few residences there. Acting City Manager Dane Bennett stated that $5000 for sidewalks would strain these people a lot. He stated that even five years from now if an agreement were put in the ordinance, that might help to determine when traffic warrants its construction. He stated that there are no sidewalks there, but he realizes there never will be unless they start somewhere. He stated that the sidewalk was not a part of their original planning in construction of the building. Alderman Russell asked Mr. Mote about his plans to build a truck servicing facility. Mr. Mote stated that the building is 97 percent completed. Mr. Mote stated that he purchased this property from R. W. Mathews. There has been no development on this property since 1925. It is a blighted area. The entrance ways have already been installed. If we come in now and cut down six inches for sidewalk, we will have dirt six inches high on both sides of the sidewalk. He stated that he has had great cooperation with the City Inspection Department. He has counted five people in three months walking along there. There is no school or no children there. He stated that he was notified of sidewalks by the City Engineering Department as he was doing the entrance work, when they came out and staked the drive approaches. The building was 85 percent complete at that time. He stated that most people get around the sidewalks by platting in separate lots. He stated that he will put in the sidewalk if that is what 55 Item 15a, cont'd. the Council wants, but he feels it is a total waste. If he puts in 541 feet of sidewalk, that will be more than the total amount of sidewalk on the whole of Eastside Drive from Seventh Street. He stated that he talked to an appraiser and he stated that a sidewalk in that area would appreciate for nothing. Alderman Wilson stated that he feels it is important that we be consistent in our ordinances. Moved by Alderman Morris that the proposed ordinance be amended at the end of Section 1 , as follows: "and/or at the time of adjacent construction". Moved by Alderman Shearman that Section 2 of the proposed ordinance be amended, as follows: If "in time" the Board of Aldermen - - - -. Motion seconded by Alderman Morris, and carried unanimously. The motion for passage of amended Ordinance No. 6-83 was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: None Item 15b Mayor Cook asked if anyone desired to address the Board of Aldermen on other business, stating that they would not be able to take any action, but can only listen. Randolph Duke appeared as owner of Gold Cross ambulance. He stated that a month ago today he complied with all requirements of operating an ambulance. He turned in his paperwork to Mrs. Thomas, City Clerk. He stated that last night was the first thing he had heard. He stated that City Attorney H. P. Hodge notified him last night that he could operate an invalid coach. This is not what he requested. He requested operation in the city as a non-emergency. There is no money in an invalid coach. He wants to know now what he can do next? City Attorney H. P. Hodge stated that the City ordinances provide for this type of service. One is emergency, and one is invalid transfer, or non-emergency. Nobody has an exclusive franchise to operate ambulances in Wichita Falls. Everyone is free to operate under one or the other. Mr. Duke applied under non-emergency, which would only fit under the invalid transfer ordinance. He applied several months ago for a waiver or a change in the ordinance about prohibition of a fee. At that time he had not made an application to operate under anything. He has now made his application, and it fits under the invalid transfer ordinance. For all practical purposes he has complied with this, but he cannot charge for it. He asks where he can go from here. Mr. Hodge stated that he could not advise him on this. He does not know what he wants to do. Mr. Duke stated that we have two conflicting ordinances. The contractor is doing what he says he cannot do. The contractor is making invalid coach runs, and is charging for it. He is also receiving a sizeable subsidy. He stated that he is asking for the right of an independent businessman to do a legitimate business in the city. He is not asking for a subsidy. Mayor Cook asked if the two ordinances conflict? Mr. Duke stated that in order to operate as an invalid coach, he has to work for a nursing home. He has the identical equipment on his ambulances as does the contractor, which is required by the State and City. He is still stymied in that he can operate in the city, but he cannot charge for it. Alderman Wilson suggested that we look at the two ordinances for possible amendments to permit the man to operate. Mayor Cook noted that Plumlee stated that the cost of emergency service placed a greater cost on them. Mayor Cook asked Mr. Duke if he sees that this would place a burden on his operation to operate an emergency service? Mr. Duke agreed that emergency service is more costly. He stated that he is in the transfer business only. He further stated that he can handle his collection rates. He is like Rio Airways and Trailways--if you don' t pay, you don' t ride. 56 Item 15b, cont'd. Mayor Cook and Alderman Morris asked the staff to look at these ordinances to see what can be done. City Attorney H. P. Hodge pointed out that Mr. Duke had the right to apply for the same type of permit that Plumlee did, and if a Certificate of Convenience and Necessity had been issued, he could have operated right along beside Plumlee but he did not see fit to apply that way. Mr. Duke stated that he had changed his name to Med-Tran. He stated that the ordinance is bad. It was written for doctors and to eliminate competition. City Attorney H. P. Hodge stated that he had to challenge Mr. Duke' s statement that it was written to eliminate competition. It was not written to eliminate competition at all . It was to promote a particular type of industry which was essential to the community, and to promote it in a way to have a healthy industry. It was not to stifle competition, but to foster a healthy industry. Alderman Wilson commented that we either need an ordinance to grant an exclusive franchise, or give the man an opportunity to charge for the service if we are going to operate in a non-emergency service. City Attorney H. P. Hodge mentioned the analogy with the airline industry and trucking industry. Congress decided that airlines did not need to be regulated. You might want to decide that ambulances do not need to be regulated. It is doing what is best for the community, and not to stifle competition. Alderman Shearman mentioned competition in his business, and how the customer gets a better shake because of it. Mr. Hodge commented that there are some distinctions between the two types of businesses. Mayor Cook stated that he drove an ambulance for five years in a city about the size of Wichita Falls, while he was going to college. There were two companies, and both of them suffered, as well as the community. We do need to look at the ordinance to see that there are no conflicts, and try to make them more concise. Alderman Shearman requested a work session on this. As soon as Mr. Hodge can put the information together, Mayor Cook will call a work session to discuss it. Items 15c, d The Board of Aldermen recessed at 9:55 A.M. for executive session pursuant to Article 6252-17, paragraph (g) of the Revised Texas Civil Statutes. The Board reconvened at 12:15 P.M. Moved by Alderman Boston that the following be appointed to the Design Review Commission, for terms as indicated. a. Gayla Morris - reappointed from January 4, 1983 through December 31 , 1984 b. Larry Garner - appointed (replacing John Hirschi ) from January 4, 1983 through December 31 , 1984 Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Boston that the following be appointed to the Human Relations Commission, for terms as indicated. a. James Montgomery - reappointed from January 4, 1983 through December 31 , 1985 b. Barbara Oldham - reappointed from January 4, 1983 through December 31 , 1985 c. Ray Hickman - reappointed from January 4, 1983 through December 31 , 1983 d. Jerry Fisher - reappointed from January 4, 1983 through December 31 , 1985 e. Charlye 0. Farris - reappointed from January 4, 1983 through December 31 , 1985 f. Louis Esquibel - reappointed from January 4, 1983 through December 31 , 1985 g. Dr. Om Prakash - appointed (replacing Mrs. Huff) from January 4, 1983 through December 31 , 1985 57 Y Items 15c, d, cont'd. Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Boston that the following be appointed to the Traffic Commission, for terms as indicated. a. Jim Miles - reappointed January 1 , 1983 through December 31 , 1985 b. Vernon Beck - reappointed January 1 , 1983 through December 31 , 1985 c. Howard Allison - appointed January 1 , 1983 through December 31 , 1985 d. Don James - appointed January 1 , 1983 through December 31 , 1985 e. Harvey Boyd - appointed January 1 , 1983 through December 31 , 1983 (replacing Ken Wampler) Motion seconded by Alderman Shearman, and carried unanimously. - - — — — — — — — — The Board of Aldermen adjourned at 12:20 P.M. PASSED AND APPROVED this day of 1983. Horace-O. Boston,, Mayor Pro tem ATTEST: r YJ--eZ " 41'� k Wilma J. Tho as, City STATE OF TEXAS C O N T R A C T COUNTY OF TRAVIS Standard for Several Items This One Would Be For One Salary The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY acting through its Deputy Commissioner for Management and Administration and City of Wichita Falls Name of PERFORMING AGENC a(n) City Type of Organization (designate individual, corporation, partnership , non-profit organization, city, county, council of government, special purpose district, etc. ) , hereinafter referred to as PERFORMING AGENCY, acting through Dane Bennett , its City Manager (Name of Person Authorized to Sign Contracts) (Title of Person mutually agree as follows : Authorized to SignContracts) ARTICLE 1. Scope of Work Add Sanitarian II to staff of Wichita Falls City-Wichita. County Health Department. Position is needed due to a 314d loss of Sanitarian I. Duties will include handling of complaints and conducting inspections and will enhance performanc( of Environmental Health Section by expanding services in the following programs: 1) School Inspection Program; 2) Day Care Facilities Inspection Program; 3) Hotel/Motel Inspection Program; 4) Solid Waste Program. ARTICLE 2 . Terms The term of this contract shall be from February 1 , 3 through 3LUtember 30 1983 No commitments e contract funds per- mittec� prior. to t e first day of the contract term nor subsequent to the last day of the contract term. Next year would be October 1, 1983 - Sep�em})er 30. 1»4 ARTICLE 3. Applicable Laws and Standards The RECEIVING AGENCY will comply with the requirements set forth in Sections 1905 (d) , Public Health Services Act , and Section 1742 (a) and (b) , Chapter 2 , Title XVII of the Omnibus Reconciliation Act of 1981, and. with Department of Health and Human Services 45 CFR Parts 16 , 74, and 96 , Block Grant Programs . This Contract shall be governed by the laws of the State of Texas . ]he PERFORMING AGENCY agrees that the Uniform Grant and Contract Manage- ment Standards , Article 4413 , Section 32g, V.A.C . S . , issued by the Governor' s budget and Planning office will apply as terms and conditions of this contract , and the standards are adoptedd, by reference in their cntirety. If there is a conflict between the provisions of this Contract and the Uniform Grant and Contract Management Standards , the provision of tb,- Uniform Grant and Contract Management Standards will prevail unless expressly stated otherwise . A copy of this Manual and its references are provided to you by the Texas Department of Health. ARTICLE 4. Compensation and Payment For services satisfactorily performed pursuant to the Scope of Work, the PERFORMING AGENCY shall be reimbursed by the RECEIVING AGENCY a total amount not to exceed $ 18.768 aDprox. Allowable reimbursable costs shall be only as outlined in t e Bu get , which is hereby made a part of this Agreement as Attachment 1. The PERFORMING AGENCY will not bill the RECEIVING AGENCY for any costs under this Contract which have also been billed or should have been billed to any other funding source. i .� Costs claimed for reimbursement must be substantiated. 11 equipment is to be purchased, purchasing will be made through the State purchasing procedures . The PERFORMING AGENCY shall submit certified vouchers for reimbursement according to the procedures set out in Attachment At the close of each quarter_ , a signed expenditure report , the format of which is in the UGCMS, must be submitted. The voucher and expenditure report shall reflect the total allowable costs incurred and revenue received during the preceding period. All revenues received from the delivery of contract services shall also be identified. ARTICLE 5 . Funding This Contract is contingent upon Federal funding being available for the term in question and PERFORMING AGENCY shall have no right of action against the RECEIVING AGENCY in the event that the RECEIVING AGENCY is tuiable to perform its obligations under this Contract as a result of the suspension , termination, withdrawal or failure of funding to the RECEIVING AGENCY or lack of sufficient funding of the RECEIVING AGENCY for this Contract . If such funds become unavailable , or if the total amount of: funds allocated for this Contract should become depleted during any Contract Budget Period, and the RECEIVING AGENCY is unable to obtain additional funds for such purposes , then this Contract will be terminated. The PERFORMING AGENCY will use such funds that become available and that are allocated to them for the purpose of supplementing the PERFORMING AGENCY' S budget . These funds will in no event supplant such State , local , and other non-Federal funds . The PERFORMING AGENCY will increase the public health activities in its jurisdiction. ARTICLE 6. Grant-Related Income All. grant-related income shall be retained by the PERFORMING AGENCY and: I) beused by the PERFORMING AGENCY for any purposes which further the objectives of legislation under which the Contract was made , and/or 2) be deducted from total project costs , according to the departmental policy interpreting UGCMS , a copy of which is included in the UGCMS Manual. ARTICLE 7 . Records The PERFORMING AGENCY will have a system in effect to protect from inappropriate disclosure patient records maintained by them in connection with the activities funded under this Contract. ARTICLE 8. Reports and Inspections PERFORMING AGENCY shall make financial, program, progress , and other reports as requested. by RECEIVING AGENCY in the format agreed to by the parties hereto, and will arrange for on-site inspections by RECEIVING AGENCY. PERFORMING AGENCY shall participate fully in any required evaluation study of this program. ARTICLE 9 . Audit of Records PERFORMING AGENCY agrees that RECEIVING AGENCY, DHHS , the Comptroller General of the United States , or any of their duly authorized representa- tives , shall have access to any pertinent books , documents , papers, and records of PERFORMING AGENCY for the purpose of making audit, examination excerpts , and transcripts of transactions related to the Contract. RECEIVING AGENCY shall have the right to audit billings both before and after payment; payment under this Contract shall not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments . Financial records , supporting documents , statistical records , and all other pertinent records shall be retained for a period of three (3) years after the date expenditures are reported under the Contract . If audit by or on behalf of the Federal government has begun but is not completed at the end of the three-year period , or if audit findings have not been resolved at the end of the three-year period , the records shall be retained until resolution of the audit findings . ARTICLE 10. Amendment RECEIVING AGENCY will submit a revised budget to PERFORMING AGENCY, either hicreasing or decreasing the amount of funds allocated at such times that additional funds become available or at such times that funds must he withdrawn. The original budget and revisions thereto become a hart of lh.i :, Contl"acL and are st.ihj(.,ct: to all of the terms and conditions of this Cont-tact . This Contract shall not be altered, changed , or amended except by i-nstrument in writing executed by authorized officials of the parties hereto as set forth below: FOR RECEIVING AGENCY: -- (and/or) ---- — — _ --- _ — — ---FOR PERFORMING AGENCY: — (and/or) —_ -. --- - - - - ARTIC(,E ___ll . ___E'roperty and Supplies Title to all property furnished by RECEIVING AGENCY shall remain with RECEIVING AGENCY. Title to RECEIVING AGENCY property shall not be affected or lose its identity by reason of affixation to any realty or attachment at law. PERFORMING AGENCY shall maintain a property and supplies inventory and administer a program of maintenance , repair , and protection of RECEIVING AGENCY assets so as to assure its full availability and usefulness for performance under this Contract . In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of destruction of, or damage to, RECEIVING AGENCY assets during the period of this Contract , it shall use the proceeds to repair or replace the RECEIVING AGENCY assets . Upon termination of the relationship of the parties , the PERFORMING AGENCY shall return all property and unused supplies to RECEIVING AGENCY in good order. ARTICLE 12. Discrimination Prohibited No person in the United States shall on the grounds of race , creed, color , handicap, age, ability to pay , sex or national origin, be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this Contract. The PARTIES will comply with the regulations promulgated by the Secretary of DHHS , with the approval of the President of the United States , pursuant to Title VI of the Civil Rights Act of 1964 (45 CFR Part 80) . In addition, PERFORMING AGENCY shall comply with the provisions of the Rehabilitation Act of 1973 , Public Law 93-112, Section 504, which insures that no individual shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination in this program. " ARTICLE 13. Equal Employment Opportunity During the performance of this Contract , PERFORMING AGENCY shall not discriminate against any employee or applicant for employment because of race, color, age, religion, sex, national origin or handicap. PERFORMING AGENCY agrees to post in conspicuous places , available to employees and applicants for employment, notices setting forth the provisions of this clause. All solicitations or advertisements for employees placed by or on behalf of PERFORMING AGENCY shall state that all qualified applicants will receive consideration without regard to race, color, age, religion, sex or national origin. PERFORMING AGENCY shall comply with all provisions of Executive Order 11246, dated September 24, 1965, and all relevant rules , regulations , and orders of the Secretary of Labor. ARTICLE 14. Political Activity None of the funds , materials , property or services contributed by the PARTIES under this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. In addition, none of the funds reimbursed under this Contract shall be used to pay the salary or the expenses of anyone engaged in any activity designed to influence legislation or appropriation pending before Congress . ARTICLE 15. Clean Air and Water Acts PERFORMING AGENCY agrees to comply with all applicable standards , orders , and regulations issued pursuant to the Clean Air Act of 1970 (42 USC 1857 et seq. ) and the Federal Water Pollution Control Act (33 USC 1251 et seq. ) as amended. ARTICLE 16. Energy Efficiency PERFORMING AGENCY agrees to recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-165) . EXECUTED THIS THE DAY OF 19 PERFORMING AGENCY: RECEIVING AGENCY: TEXAS DEPARTMENT OF HEALTH BY Name of PERFORMING AGENCY Hermas L. Miller Deputy Commissioner for Management and Administration By — Approved: By Title C. C. Eaves , M. D. Associate Commissioner for Community & Rural Health Approved as to form: By Office of Genera Counse Texas Department of Health FINANCIAL REPORTING REQUIREMENTS The following prescribes uniform reporting procedures for PERFORMING AGENCY to: 1. Summarize expenditures and unexpended funds for each Contract ; 2. report the status of approved cash advance ; 3. request advances and reimbursements ; and 4. promulgate standard forms incident thereto. Cost Reimbursement Method: Monthly, or as needed PERFORMING AGENCY shall submit a State of Texas Purchase Voucher (TDH Form #AG-37 , exhibit attached) and a Request for Advance or Reimbursement (TDH Form #GC-10) . Quarterly PERFORMING AGENCY shall submit a Financial Status Report State Supplemental Form 269a (TDH Form #GC-4) by the 20th of the month following a quarter. If no previous request for funds has been received, a Request for Advance or Reimbursement and a State of Texas Purchase Voucher shall be submitted. Annual/Final PERFORMING AGENCY shall submit a Request for Advance or Reimbursement ; a Financial Status Report State Supplemental Form 269a; and, if necessary, a State of Texas Purchase Voucher if all costs have not been reimbursed, or a refund of excess monies if costs incurred were less than funds received. Advance Method: PERFORMING AGENCY may request an advance at the beginning of the Contract period. Amount of the advance will be determined by the amount and length of the period. Amount of the advance will be liquidated in the final months of the Contract, so that after the Final Billing, the PERFORMING AGENCY will not have excess advance funds on hand. Monthly PERFORMING AGENCY shall submit a State of Texas Purchase Voucher (TDH Form #AG-37 , exhibit attached) for each month of the Contract in an amount as determined above. The State of Texas Purchase Voucher may be submitted on a monthly basis or sufficient number of vouchers to cover the Contract period may be submitted when Contract signatures are obtained. - Quarterly PERFORMING AGENCY shall submit a Financial Status Report State Supplemental Form 269a (TDH Form #GC-4) and a Request for Advance or Reimbursement (TDH Form #GC-10) by the 20th of the month following a quarter. Annual/Final PERFORMING AGENCY shall submit a Request for Advance or Reimburse- ment ; a Financial Status Report State Supplemental Form 269a; and, if necessary, a State of Texas Purchase Voucher if all costs have not been reimbursed, or a refund of excess monies if costs incurred were less than funds received. This agreement made and entered into this the day of January, 1983, by and between the City of Wichita Falls , Texas , a municipal corporation, acting through its City Manager, herein- after called City, and the Lake Arrowhead Volunteer Fire Department, a non-profit corporation, hereinafter called Department, WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : 1 . City hereby leases to Department a certain fire truck consisting of a government surplus one-ton pickup truck on which is mounted a portable pump and water tank . 2 . Department agrees to pay to City as rental for such truck the sum of One Dollar per year, payable at the beginning of each lease year; in addition, Department agrees that, so long as this lease is in effect, they will respond to and fight all fires which occur on property owned by City at Lake Arrowhead, which is located in Clay and Archer Counties , Texas . 3 . The initial term of this lease shall be for one year from the date hereof . The term shall be automatically extended for an additional year , unless one of the parties notifies the other in writing at least sixty days prior to the end of such term, that such party desires to terminate the lease . Thereafter, each suc- ceeding one-year term shall be automatically extended unless one party gives such written notice of its desire to terminate the lease . 4 . Department accepts such fire truck in its present condi- tion, and City makes no warranties nor representations as to its condition . At the end of the tern, of this lease, Department shall return the truck to City in as good condition as at the beginning of the term of this lease, ordinary wear and tear excepted . 5 . Department shall be responsible for all expenses of maintenance and repairs to such fire truck . 6 . Department shall not sublease this fire truck to anyone without the prior written consent of City . IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year first set out above . CITY OF WICHITA FALLS By City Manager ATTEST: City Clerk LAKE ARROWHEAD VOLUNTEER FIRE DEPARTMENT By : ATTEST: Secretary LICENSE AGREEMENT FOR JET-SKI RENTAL AT LAKE WICHITA This agreement made and entered into this the 4th day of January, 1983, by and between the City of Wichita Falls, hereinafter called "City" , and Bob Schuchman and C.L. Lakey, hereinafter called "Operators" . WITNESSETH: The parties hereto do hereby agree as follows: 1. City grants to Operators a license to operate a jet-ski rental business at Lake Wichita. The rental business will be conducted on private property, at Lakeshore Marine on Lakeshore Drive . 2. Operators will rent jet skis (small recreational water craft) to members of the public, to be operated on the surface of Lake Wichita in a limited area in the vicinity of Lakeshore Marine. Such limited area shall be defined by City' s Director of Parks and Recreation, and shall be marked by buoys which shall be furnished at the expense of operators. Such buoys shall be of a type approved by the Texas Department of Parks and Wildlife. 3. This license shall be for a term of one year. 4. As this is a new and untried operation which may be profitable to Operators and which may provide a wholesome recreational opportunity for the public , no fee will be charged by City to Operators for this one year license. 5. Operators shall indemnify and hold City harmless from liability for personal injuries and property damages to jet ski renters and third persons, arising out of the operation of this jet-ski rental business. In addition, Operators shall obtain insurance in the amount of $1,000,000. 00 which will protect Operators and City from liability for such personal injury and property damages. 6. This license cannot be assigned by Operators without written consent of City. 7 . Swimming will be prohibited in the area where jet skis are allowed to operate. This agreement is executed as of the date first set out above. CITY OF WICHITA FALLS BY: City Manger ATTEST: City Clerk Bob Schuchman C.L. Lakey CONTRACT STATE OF TEXAS 0 COUNTY OF TRAVIS ] THIS CONTRACT made by and between the State of Texas acting by and through �T= V the State Department of Highways and Public Transportation, hereinafter called the "State", and the City of Wichita Falls, hereinafter called the "City". WITNESSETH >: WHEREAS, the City has made application for a capital improvement grant through , Y ' the Urban Mass Transportation Administration for financing (1) land acquisition, (2) site preparation, (3) constructing and equipping a transit maintenance and admin- istrative facility, and (4) contingencies as described in "Attachment A", hereto; and, WHEREAS, in response to the City's request, Commission Minute Order Number 78333 authorized the State to provide approximately $81,000 for assisting in financing said project; NOW, THEREFORE, the State and the City in consideration of the premises and mutual covenants and agreements of the parties hereto, to be made by them, respectively kept and performed, as hereinafter set forth, hereby agree as follows: I. The State will pay the City in an amount equal to sixty-five percent (65%) of the local share of the actual net project cost as determined by the State, or in F, Y' the amount of Eighty Thousand One Hundred Ten and No/100 Dollars ($80,110.00), which- - ever is the lesser. The total payment by the State is generally not to exceed the total funds authorized by Commission Minute Order Number 78333 in the amount of Eighty Thousand One Hundred Ten and No/100 Dollars ($80,110.00). In the event of any adjustments to the Project Budget ("Attachment A"), such adjustments being within the scope of the original project, allowed and approved by the federal agency, and so reflected in an amended federal project budget, the State funding for the project may be similarly amended to reflect an adjusted amount not to exceed sixty-five percent 'z (650) of the local share of the actual net project cost. The State will make payments ' to the City based upon properly prepared and executed Form 132's. The State, through its District Engineer, will certify by the executed Form 132 that the items indicated on said form for payment have been received by the City, and the State and City together i have inspected and accepted the same as satisfactory. The City shall make available to authorized representatives of the State and Federal agencies involved in this project - all records applicable to said project for the purpose of audit. All project records w5 i { shall be retained for three (3) years after final payment by the State. Eligibility of cost to be determined based upon OMB Circular A-87, Cost Principles for State and Local Governments. II. Project facilities, equipment and/or services shall be used for the provision of public transportation services described within the duly executed contract between Yzv the Urban Mass Transportation Administration and the City for federal project number TX-05-0075. In the event that any project facility, equipment and/or service are not q 'F, used in the proper manner or are withdrawn from public transportation services to be L M ` ryr 4 used for other than the provision of public transportation services, the City shall immediately notify the State and shall remit to the State a proportional amount of ^ � the fair market value of such facilities, equipment and/or services on the basis of the ratio of the grant made by the State to the actual total participating cost of the .•, � 4 r 1 project. The procedure for determining the fair market value shall be at the option s of the State as either (1) the value of the property as determined by competent appraisal , conducted as soon after such withdrawal or misuse occurs as feasible, by appraiser(s) acceptable to both the City and the State, or (2) actual proceeds from a public sale, acceptable to both the City and the State, of such property. III. The purchase of project facilities, equipment and/or services shall begin within 365 days from the date of final State execution of this contract. If the t� purchase of project facilities, equipment and/or services is not begun within the specified time period, this contract becomes void and State funding is hereby withdrawn. IV. This contract becomes valid (1) subject to availability of appropriated State funds and, (2) at such times as a contract between the City and the Urban Mass Trans- portation Administration has been duly executed which exactly reflects the Project Budget as described in "Attachment A" hereto, including all estimated costs and a State share level of funding as reflected by Minute Order Number 78333, and such contract has been accepted by the State, at the option of the State. V S IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the day of 1982, by the City of Wichita Falls and on the day of 1982, by the State of Texas. PARTY OF THE FIRST PART PARTY OF THE SECOND PART . State of Texas City of Wichita Falls ��� � *"' Certified as being executed for the By: _ purpose and effect of activating and/or carrying out the orders, established policies, or work pro- Title grams heretofore approved and authorized by the State Highway and Public Transportation Commission. ATTEST: APPROVED: APPROVED AS TO FORM AND LEGALITY: _ By: _ Engineer-Director Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute Order 78501. Countersigned: i 3 Date: By: RECOMMENDED FOR EXECUTION: Title: District Engineer, District 3 s Director, Finance A•"' State Transportation Planning Engineer >> W S ''r`^�r,?y��e,'�,e�•W,{yyyeNev.'-3 ..#fit City of Wichita Falls Estimated Project Budget TX-05-0075 1. Land acquisition $ 78,000 2. Relocation expense 69,000 3. Construction Total = $2,467,484 Transit share = $2,467,484 x 14 0 = 345,448 4. Shared use equipment $147,600 x 14 0 = 20,664 5. Transit shop equipment 40,387 6. Transit administrative equipment 23,935 Sub-total $557,434 Contingency Item 3 (10 0) $ 34,545 Items 4-6 (57c) 4,249 Sub-total 38 794 Estimated Gross Project Cost G1G 228 ATTACHMENT A 4