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Min 02/15/1983 82 Wichita Falls , Texas Memorial Auditorium Building February 15, 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 John W. Hampton Carol G. Russell Aldermen Craig A. Wilson Howard M. Morris Horace 0. Boston i Dane 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 Jerry Hodges, Western Hills Baptist Church. Item 3 Moved by Alderman Shearman that minutes of the meeting held February 1 , 1983, be approved. Motion seconded by Alderman Boston, and carried unanimously. Item 4a - 9b Items 5a, 5d, and 6c were moved to the regular agenda. Moved by Alderman Russell that the remaining items on the consent agenda be approved. Motion seconded by Alderman Shearman. Item 4a ORDINANCE NO. 18-83 ORDINANCE AMENDING SECTION 17-58, SUBSECTION (a) TO REQUIRE A LICENSE TO TRANSPORT GARBAGE OR TRASH TO TRANSFER STATION, AMENDING SECTION 17-62, SUBSECTION (b) TO INCREASE LANDFILL USE FEES AND SET TRANSFER STATION USE FEES AND ADDING SECTION 17-66 TO PROHIBIT THE USE OF CERTAIN CONTAINERS AND TRAILERS ON TRANSFER STATION TIPPING FLOOR. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 4b A proposed appropriation ordinance in the amount of $19,350 was presented for Kell Freeway property purchase. ORDINANCE NO. 19-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None 83 Item 4c A proposed appropriation ordinance was presented in the amount of $19,150 for park road construction. ORDINANCE NO. 20-83 AN ORDINANCE MAKING;AN APPROPRIATION FROM THE CAPITAL PROJECTS FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 5b RESOLUTION NO. 31-83 RESOLUTION APPROVING APPRAISAL OF PROPERTY ON KELL FREEWAY RELOCATION AND AUTHORIZING THE PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program; and, WHEREAS, such property has been appraised by an appraiser employed by the State Department of Highways and Public Transportation and the amount of the value as determined from the appraisal has been studied by the Board of Aldermen, and a copy is now in the possession of the Acting Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION N0. 1 . The project and property to be purchased by Warranty Deed is as follows: Kell Freeway Project Being 0.111 of one acre of land, more or less, out of and a part of a 52.484 acre tract in the Cyrus Eakman Survey, Section No. 2, as surveyed by the S.P.R.R. Co. Scrip No. 16/157, Abstract No. 450, in Wichita County, Texas, said 52.484 acre tract being the same land described in a deed from the Parker Square Limited Partnership to Wichita Falls Saving Association, dated November 1 , 1976, recorded in Volume 1211 , Page 216, Deed Records of Wichita County, Texas; said 0.111 of one acre of land, more or less, being more particularly described as follows: Part I BEGINNING at a point in the north line of said tract of land, also being the south line of existing Kell Boulevard and in the south ROW line of the proposed U.S. Highway 277, said point also being the northeast corner of the G.L. Tanner tract of land and 831 .34 feet N 06 degrees 51 ' E and 539.72 feet N 68 degrees 00' E of the southwest corner of said tract of land; THENCE N 68 degrees 00' E along the north line of said tract of land and the south line of existing Kell Boulevard a distance of 70.17 feet to a point for corner; THENCE S 22 degrees 00' E a distance of 15.0 feet to a point for corner; THENCE S 68 degrees 00' W a distance of 78.4 feet to a point for corner said point also being in the east property line of the G.L. Tanner tract of land; THENCE N 06 degrees 51 ' E along the east line of the G.L. Tanner tract of land a distance of 17.1 feet to the place of beginning, and containing an area of 0.026 of one acre of land, more or less. PART II BEGINNING at a point in the north line of said tract of land, also being the south line of Kell Boulevard, said point also being 300.8 feet S 63 degrees 84 d Item 5b, cont' d. 14' W and 314 feet S 68 degrees 00' W from the northeast corner of said tract of land, said point also being in the south ROW line of the proposed U.S. Highway 277 and in the south line of existing Kell Boulevard. THENCE S 79 degrees 31 ' W along the north line of said tract of land and the south line of existing Kell Boulevard, a distance of 60.1 feet to a point for angle; THENCE S 68 degrees 00' W along the north line of said tract of land and the souht line of existing Kell Boulevard, a distance of 230.0 feet to a point for angle; THENCE S 61 degrees 07' W along the north line of said tract of land and the south line of existing Kell Boulevard a distance of 100.0 feet to a point for corner; THENCE N 68 degrees 00' E a distance of 388.1 feet to the place of beginning, and containing an area of 0.085 of one acre of land, more or less. The total value approved in this resolution-----------------$19,350.00 SECTION NO. 2. The value of such property is hereby approved and the City ' Manager is hereby authorized to purchase in the name of the State of Texas or the City of Wichita Falls, by Warranty Deed such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is State approved value as determined from the appraisal made by a real estate appraiser employed by the State Department of Highways and Public Transportation. 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 proper- ties for more than the appraised value in order to save the estimated cost of condemnation. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 5c RESOLUTION 32-83 RESOLUTION APPROVING THE CONTRACT WITH TEXAS ELECTRIC SERVICE COMPANY TO PROVIDE THREE-PHASE ELECTRICAL SERVICE AT TWENTY NINE NEW EMERGENCY WARNING SIREN LOCATIONS. 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 Texas Electric Service Company, providing for three-phase electrical service at twenty nine new siren locations, is hereby approved, and the Acting City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6a The low bid for four (4) 23,000 GVW trucks for the Street Department was awarded to Wichita Falls Ford Truck Sales in the amount of $66,763.36. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 85 Item 6b The low bid for a platform bed for the Street Department was awarded to Longhorn Trailer in the amount of $593.94. The low bid for three (3) dump bodies was awarded to Borderline in the amount of $10,952.19. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 6d Bids were awarded to Pak-Mor, of San Antonio, for refuse collection equipment, as follows. a. 28 CY compaction body and truck - $51 ,331 .75 b. 32 CY compaction body and truck - $79,048.36 Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6e The low bid for two utility tractors with front-end loaders for Parks Department was awarded to Trinity Equipment Company in the amount of $32,131 .88. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 6f Low bids were awarded as follows: a. Kidwell GMC, $8,526.81 , for truck cab and chassis. b. Traffic Signals, Inc, Ft. Worth, $21 ,274, for hydraulic platform lift truck Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6g The low bid for a 15,000 GVW truck, cab and chassis, was awarded to Wichita Falls Ford Truck Sales in the amount of $11 ,276.42. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6h The bid for a tire service body for Central Garage was awarded to Iowa Mold Tooling, Gardner, Iowa, in the amount of $20,093. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6i RESOLUTION NO. 33-83 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR CONCESSION OPERATIONS AT BRIDWELL, TESCO AND WILLIAMS PARKS. WHEREAS, sealed bids were taken for concession operations at certain parks; and, WHEREAS, one bid was received for Bridwell Park, one bid received for TESCO Park, one bid received for Williams Park, two bids were received for Spudder Park, and no bids were received for the other parks; and, i 86 Item 6i , cont'd. WHEREAS, the Parks and Recreation Department has determined that Spudder Park will not be utilized for scheduled league softball games or practices, thereby eliminating any need for concessions in the park; and, WHEREAS, Doug Mathis bid twenty-two percent of gross sales for Bridwell Park, and thirty-one percent of gross sales for TESCO Park, and the Board of Aldermen finds that these bids are fair and reasonable; and, WHEREAS, Larry Carl Adams bid twenty-five percent of gross sales for Williams Park, and the Board of Aldermen finds that this bid is fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The above-described bids of Doug Mathis and Larry Carl Adams are hereby accepted, and the City Manager is authorized to execute contracts on the standard City forms with Doug Mathis and Larry Carl Adams for the concession rights at Bridwell Park, TESCO Park, and Williams Park; the contracts with Mathis shall be I for the 1983 and 1984 seasons, and the contract with Adams shall be for the 1983 season. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 7a RESOLUTION NO. 34-83 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF ' ROADS, PARKING, WALKS, FENCING AND LIGHTING AT HAMILTON PARK. WHEREAS, the City of Wichita Falls and Timmins-Anderson Corp. , as Contractor, entered into a contract dated March 26, 1982, whereby the Contractor agreed to construct roads, parking, walks, fencing, and lighting for Hamilton Park; and, WHEREAS, such construction has been completed in accordance with the plans and specifications, except for the installation of a light pole and fencing; and, WHEREAS, the Contractor has furnished to the City a final estimate on said contract, which shows the total amount work done of $233,999.00, of which $222,299.05 has been paid to the Contractor, leaving a balance due of $11 ,699.95; and, WHEREAS, it is proposed that the City retain $2,500.00 until such time as the light .pole and fencing are properly installed by the Contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such final estimate is hereby approved, the construction of such project is accepted by the City, and the City Manager is authorized and directed to pay to the Contractor the sum of $9,199.95; at such time as the Contractor properly installs the light pole and fencing, the City Manager shall pay to the Contractor the final $2,500.00 Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 8a Permission was requested to advertise for bids to lease City property at Lake Arrowhead for grazing pruposes. City Attorney H.P. Hodge, Jr. stated that he would like some guidance on this. He noted that everything noes along all right until hunting season comes along. Leases have not always been extremely clear on this point, but the way he has always construed this is usually incompatible with cattle usage on it. The man who has the grazing rights can keep the hunters off. This is the way he has always construed it. He would prefer that we make it explicit so that everyone understands that the bidder will have the option and the right to keep hunters off 87 Item 8a, cont'd. the land. If he wants to control the hunting here it would seem to him that he should be able to do it. Also, it seems that hunters cannot go on it without his approval . Alderman Hampton stated that we should make it clear that whoever gets the surface rights has full authority to handle the hunting, whatever he desires. He should have complete and absolute control over who goes on the land. Moved by Alderman Hampton that the City Attorney be instructed to put in the lease that the leaser has the right to have complete control over the hunting. Motion seconded by Alderman Morris. Alderman Wilson suggested that if woodcutting on the property is also a problem that we should address it, also. The Council agreed that the City Attorney should address this problem. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 8b Authority was granted to advertise for bids for construction of a fire station to be located on Castle Street. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston. Nays: None Item 9a Minutes of the meeting of the Traffic Safety Council held January 5, 1983, were received. Y Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 5a Discussion was held on a proposal to acquire property for Kiwanis Park entrance. Alderman Wilson asked what the state law .is concerning dedication of easements? City Attorney H.P. Hodge explained that if they have used it for ten years, and it is obvious that it has been used for that purpose, then we have the right. Bill Hursh, Director of Parks and Recreation, stated that it was used as an entrance when the trailer houses were out there after the tornado. It has perhaps been used ten years. We have been using it since Mr. Hughes, the developer, gave us permission. Mr. Hodge stated that he is not aware of anything in writing. Alderman Wilson stated that he does not want us to pay for something not needed. Moved by Alderman Wilson that this matter be tabled. Motion seconded by Alderman Shearman, and carried unanimously. Item 5d A proposed resolution was presented declaring a tract of land acquired for Kell Boulevard as no longer needed, and recommending that the State sell it. Alderman Wilson asked if we plan to submit these with other parcels along Kell? Randy Brown, Acting Director of Public Works, stated that he understands there will be some more, but he does not know just which at this time. Alderman Wilson would like us to dispose of this property so that it can be put on the tax rolls. 88 Item 5d, cont'd. Alderman Shearman requested an inventory of the property owned by the City in fee simple title along Kell . He believes that if we are not going to use it, it should be sold, and put back on the tax rolls. He would like to know what we own outright without going through the state. Acting City Manager Dane Bennett stated that he would get that information. RESOLUTION NO. 35-83 RESOLUTION DECLARING THAT A CERTAIN TRACT OF LAND ACQUIRED BY THE STATE OF TEXAS ON KELL BOULEVARD IS NO LONGER NEEDED FOR HIGHWAY OR PUBLIC TRANSPORTATION PURPOSES AND RECOMMENDING THAT THE STATE SELL SUCH LAND. WHEREAS, the State of Texas acquired the hereinafter described tract of land on Kell Boulevard for highway purposes, and the State Department of Highways and Public Transportation has recommended that such land is surplus to the State' s needs, and that the same be sold. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain tract of land, which is shown as Tract No. 14 and described in Exhibit A which is attached hereto and incorporated herein, is no longer needed for highway or public transportation purposes by the citizens or City of Wichita Falls, and it is recommended that the State sell such tract of land in accordance with the statutes of the State of Texas. Moved by Alderman Wilson that Resolution No. 35-83 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6c Bids were considered on a front end loader for the Street Department. Alderman Wilson asked what the exceptions are? Randy Brown stated that the main thing was the size of the engine. Alderman Wilson asked what the exceptions were on the bid that he recommended that we take? Don Golightly, Street Super- intendent, stated that it was on the transmission and the tork slippage, and the larger tire size. The specifications were exceeded. Moved by Alderman Wilson that the bid be awarded to Conley Lott Nichols in the amount of $38,470. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris, and Boston Nays: None (Alderman Russell was out of the room. ) Item l0a A bid was opened and considered at a public hearing on an oil and gas lease at Lake Arrowhead. E. E. Poirot submitted the only bid. RESOLUTION NO. 36-83 RESOLUTION ACCEPTING BID OF E. E. POIROT AND APPROVING OIL AND GAS LEASE ON 66.89 ACRES OF LAND, MORE OR LESS , IN LOT 7 IN BLOCK NO. 2 OF THE CLARK & PLUMB SUBDIVISION AT LAKE ARROWHEAD, CLAY COUNTY, TEXAS. WHEREAS, the Board of Aldermen of the City of Wichita Falls has determined that it is advisable to lease for oil and gas the land hereinafter described, and has published notice of its intention to lease such land in accordance with Sections 71 .004 and 71 .005 of the Texas Natural Resources Code, to-wit: 89 Item 10a, cont'd. 66.89 acres of land, more or less, in Lot 7 in Block No. 2 of the Clark & Plumb Subdivision, such land being described by metes and bounds in the deed from E.J. Poirot and wife, Emma M. Poirot to the City of Wichita Falls, dated September 15, 1965 and recorded in Volume 240, Page 206 of the Deed Records of Clay County, Texas, reference to which is here made for a more specific description. WHEREAS, at the meeting on February 15, 1983, the date specified in such notice, the Board of Aldermen has received, opened, and considered, at a public hearing, the bids received, in accordance with Section 71 .006 of such code; and, WHEREAS, the Board of Aldermen believes that the bid of E.E. Poirot, with a cash price per acre of $27.50, a royalty of 19%, an annual delay rental of $1 .25 per acre, and a primary term of 5 years, represents the fair value of the lease on such property, and it is the best bid on such property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of E.E. Poirot is hereby accepted, and the City Manager is authorized to execute, on the City's regular form, an oil and gas lease on such property to such best bidder. Moved by Alderman Hampton that Resolution No. 36-83 be passed. Motion seconded by Alderman Wilson. Alderman Shearman asked where the lease was advertised? City Attorney H.P. Hodge stated in the Clay County Leader, where the property is located. Alderman Wilson aksed about advertising in our own newspaper so that other people would see it? Mr. Hodge stated that it might be a good idea. The law does not require it, but it might be well to run it at least one time for additional notoriety. Alderman Shearman felt that some people in the City in the oil business might not have a chance to know about it. Mr. Hodge stated that he would do this in the future. Alderman Hampton stated that he assured if they are in the area they will know about it if they are interested. Mayor Cook stated that he feels this would be well advised to insure additional coverage. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item lla Mr. Bob Elmer was not present for this item. Item llb Mayor Cook called on Bob Seabury, Chairman of the Clean Community Commission, for presentation of Landmark awards to three businesses. Mr. Seabury stated that these awards are presented to businesses who have gone an extra step and done an exceptional job in beautification. Awards were presented to Galaxy Oil Company (David Bright) , Golden Distributing Company (Ray Clymer) , and the Atrium Building (Jerry Johnson) . Mayor Cook expressed appreciation to these businesses for their pride and work in the community. 90 Item 12a A proposed ordinance was presented appropriating $5,500 for excess IBM equipment. ORDINANCE NO. 21-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Shearman that Ordinance No. 21-83 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 12b A proposed ordinance was presented to allow the sale of beer at Our Lady Queen of Peace Parish Hall for E1 Club Capri . ORDINANCE NO. 22-83 ORDINANCE WAIVING ORDINANCE NO. 2491 AS AMENDED, TO ALLOW SALE OF BEER AT OUR LADY QUEEN OF PEACE PARISH HALL FOR EL CLUB CAPRI 'S NINTH ANNUAL MEXICAN DINNER ON SATURDAY, MARCH 12, 1983. Moved by Alderman Shearman that Ordinance No. 22-83 be passed. Motion seconded by Alderman Hampton, and carried by the following vete. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 12c Proposed amendments to the Charter were presented for discussion. Moved by Alderman Morris that each proposition be considered individually. Motion seconded by Alderman Hampton, and carried unanimously. Proposition No. 1 was presented, providing for changing the name of Board of Aldermen to City Council . Moved by Alderman Shearman that Proposition No. 1 be approved. Motion seconded by Alderman Boston, and carried unanimously. Proposition No. 2 was presented, providing for deletion of provision that illegally attempts to make the City charter superior to State law. Moved by Alderman Shearman that Proposition No. 2 be approved. Motion seconded by Alderman Morris, and carried unanimously, Proposition No. 3 was presented providing that all City public works contracts for more than $5,000 shall be awarded on competitive bids. Moved by Alderman Boston that Proposition No. 3 be approved. Motion seconded by Alderman Morris. Alderman Shearman noted that when this was brought up in the charter, times were harder. He asked what would happen if the economy went the other way? Mayor Cook and City Attorney H.P. Hodge agreed that over the years the State law has changed, but the charter has remained the same. Mayor Cook noted that this will bring us more in line with the State law. 91 Item 12c, cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Aldermen Shearman Proposition No. 4 was presented, providing for deletion of provisions in Sections 77 and 78 about City board of equalization. Moved by Alderman Morris that Proposition No. 4 be approved. Motion seconded by Alderman Russell , and carried unanimously. Proposition No. 5 was presented, providing for change of name of corporation court to municipal court. Moved by Alderman Boston that Proposition No. 5 be approved. Motion seconded by Alderman Shearman, and carried unanimously. Proposition No. 6 was presented, providing for increase in number of signers of initiative petitions, and establishing information to be furnished by each signer, and increasing time period for verifying such petitions. Moved by Alderman Hampton that Proposition No. 6 be approved. Motion seconded by Alderman Boston. J. K. King, 417 Willow Drive, submitted information on the numbers of people who have voted in City elections the past four years. He stated that the charter revision committee recommended that you take five (5) percent of the registered voters in Wichita Falls. There is no way that you can arrive at the number of registered voters in Wichita Falls because some of the voters reside in the County in those precincts on the outskirts of the City. He recommends that the Council change the number to 2000 signers. Mayor Cook commented that the position that we cannot determine how many people reside in the corporate limits of the City is well taken. You cannot do this without physically going out and checking. Because a percentage of qualified voters would be difficult to obtain, the Council feels that a higher number of 3000 is not unreasonable in a city of 51 ,000 or 40,000 voters. If an issue is so critical to the people, this is not unreasonable. The matter was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman Proposition No. 7 was presented, providing for increase of number of signers of referendum petitions, and establishing information to be furnished by each signer, and increasing time period for verifying such petitions. Moved by Alderman Hampton that Proposition No. 7 be approved. Motion seconded by Alderman Morris, and carried unanimously. Proposition No. 8 was presented, providing for changing the restrictions on City aldermen, officers, and employees seeking other public office or employment. Moved by Alderman Shearman that Proposition No. 8 be approved. Motion seconded by Alderman Russell , and carried unanimously. Proposition No. 9 was presented, providing for method by which City may acquire public utility company. Moved by Alderman Shearman that Proposition No. 9 be approved. Motion seconded by Alderman Boston, and carried unanimously. 92 Item 12c, cont'd. Proposition No. 10 was presented, providing for the manner of electing members of the board of aldermen. David Brock, 1209 21st, requested that the Mayor's term, under a ward system, be three years. Only a third of the people vote in years in which the mayor is elected. It alters the wards in which the mayor is elected. Alderman Boston suggested the following wording for Proposition 10, rather than what had been suggested. "Shall the present system of at-large representation be retained instead of replacing it with the ward system?" Moved by Alderman Boston that Proposition No. 10 be approved with the above wording. Motion seconded by Alderman Russell . Mayor Cook questioned whether changing the mayor' s term would pose the problem Mr. Brock presented, or would it not also place some of the wards at a disadvantage? Voter turn-out seems to affect what is placed on the ballot other than councilmen. i Alderman Hampton stated that if people vote for the ward system, and it shows that it needs to be done, then it can be changed. He further stated that he does not feel that the ward system would be beneficial to the citizens of Wichita Falls, and he cannot vote for this. Alderman Shearman stated that City government is closest to the people. He feels the ward system is the fairest form of representation, and that he will be voting for Proposition No. 10. Reginald Robinson, 1609 Grayfox, backed Mr. Shearman fully in his statement. He stated that 99 percent of the council members for the past 15 years have lived in the Country Club area. He also stated that he would take it that it has been that way previously, also. It is now time to change it so that it will not perpetuate this. The motion to approve Proposition No. 10, as stated above, was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: Alderman Hampton ORDINANCE NO. 23-83 AN ORDINANCE SUBMITTING PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF WICHITA FALLS, SETTING FORTH THE PROPOSED AMENDMENTS, AND PRESCRIBING THE FORM OF THE BALLOT, AT THE APRIL 2, 1983 ELECTION. Moved by Alderman Morris that Ordinance No. 23-83 be passed. Motion seconded by Alderman Shearman, and carried by the .following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston Nays: Alderman Hampton Item 13a J RESOLUTION NO. 37-83 A RESOLUTION AMENDING THE CITY OF WICHITA FALLS COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION ASSISTANCE PROGRAM. WHEREAS, Resolution 2380, August 7, 1979, established a housing rehabili- tation program for the City of Wichita Falls; and, WHEREAS, Resolution 26-82 amended the existing housing rehabilitation assistance program to include additional programs; and, WHEREAS, increased maximum rehabilitation amounts are needed to compensate for the effects of inflation; and, 93 Item 13a, cont'd. Y WHEREAS, the administrative procedures and policies need to be revised to increase the understanding of the program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The City of Wichita Falls Housing Rehabilitation Assistance Program is hereby amended in accordance with' the attached document title, "CDBG Housing Rehabilitation Assistance" . Moved by Alderman Shearman that Resolution No. 37-83 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 13b A proposed resolution was presented appointing the municipal judge for a two- year term. Mayor Cook also recommended the appointment of G.A. Benesh and Norman F. Carroll as substitute judges for two-year terms. RESOLUTION NO. 38-83 RESOLUTION APPOINTING ALBERT T. NICE MUNICIPAL JUDGE FOR A TWO-YEAR TERM, AND CONSENTING TO THE APPOINTMENT OF TWO SUBSTITUTE JUDGES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Albert T. Nice is hereby appointed Municipal Judge of the City of Wichita Falls for a term of two years, beginning March 7, 1983, with an annual salary of $27,297.92. The appointment by the Mayor of G.A. Benesh and Norman F. Carroll as substitute judges for a term of two years, beginning March 7, 1983, is hereby consented to and confirmed. Moved by Alderman Shearman that Resolution No. 38-83 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 13c RESOLUTION NO. 39-83 RESOLUTION AUTHORIZING ACQUISITION OF ONE (1 ) IBM 3880 DISK CONTROL UNIT AND ONE (1 ) IBM 3375 DISK STORAGE UNIT UNDER A LEASE/PURCHASE AGREEMENT FROM ROSELIUS COMPUTER CORPORATION FOR INSTALLATION IN APRIL 1983 AND TO ACCEPT AN OFFER OF $5,500.00 FROM ROSELIUS COMPUTER CORPORATION FOR EXCESS EQUIPMENT ADVERTISED IN BID 82-69, DATED DECEMBER 8, 1982. WHEREAS, An IBM 3880 Disk Control Unit and an IBM 3375 Disk Storage Unit was planned, programmed and budgeted for FY 82/83; and,. WHEREAS, the City advertised for bids for such equipment, but delayed award due to funding problem; and, WHEREAS, The Roselius Computer Corporation was the lowest responsive bidder; and, 94 Item 13c, cont'd. WHEREAS, the Roselius Computer Corporation has subsequently offered $5,500.00 for excess equipment, which is the highest bid ever offered, if the City will accept their offer to supply the two above mentioned units and install the equipment in April , 1983; and, WHEREAS, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to acquire one (1 ) IBM 3880 and one (1 ) 3375 under a lease/purchase agreement, for installation in April , 1983 from Roselius Computer Corporation and further to accept Roselius Computer Corporation's offer of $5500.00 for excess computer equipment as advertised in Bid 82-69, dated December 8, 1982. Moved by Alderman Shearman that Resolution No. 39-83 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, and Boston Nays : None (Alderman Morris was out of the room) Item 13d RESOLUTION NO. 40-83 RESOLUTION APPROVING THE HIRING OF THE FIRM OF BIGGS & MATHEWS, INC. , CONSULTING ENGINEERS, FOR ENGINEERING SERVICES ON THE REHABILITATION OF THE TRICKLING FILTERS AND GRIT CHAMBER IMPROVEMENTS AT THE WASTEWATER TREATMENT PLANT. WHEREAS, the City of Wichita Falls proposes to rehabilitate the trickling filters and improve the grit chambers at the River Road Wastewater Treatment Plant; and, WHEREAS, the City of Wichita Falls wishes to employ the firm of Biggs & Mathews, Inc. to provide the engineering services for these repairs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The firm of Biggs & Mathews, Inc. has agreed to provide engineering services according to the attached contract. This contract is hereby accepted and the City Manager is authorized to execute the contract for the City of Wichita Falls. Moved by Alderman Shearman that Resolution No. 40-83 be passed, and that a not to exceed figure of $10,500 be placed in the contract. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 13e RESOLUTION NO. 41-83 A RESOLUTION APPROVING THE HOUSING ASSISTANCE PLAN OF THE CITY OF WICHITA FALLS. WHEREAS, the City of Wichita Falls must have a current triennial Housing Assistance Plan approved by the Department of Housing and Urban Development prior to submission of a request for Community Development Block Grant funds; and, WHEREAS, the existing Housing Assistance Plan expired on September 30, 1982; and, WHEREAS, the Housing Assistance Plan must have the approval of the Board of Aldermen. 95 Item 13e, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The Housing Assistance Plan for the City of Wichita Falls is hereby approved. Moved by Alderman Shearman that Resolution No. 41-83 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 13f Discussion was held on the request of Vista Cablevision for a basic rate increase. RESOLUTION NO. 42-83 RESOLUTION MODIFYING VISTA CABLEVISION, INC. 'S PROPOSED INCREASE IN BASIC MONTHLY CABLE TELEVISION RATES. WHEREAS, Section 22 of Ordinance No. 3305 provides for assumption of rate modification authority by the Board of Aldermen, in relation to proposed changes in basic monthly cable television rates charged by Vista Cablevision, Inc. ; and; .- WHEREAS, rate modification authority was assumed by the Board of Aldermen on November 17, 1981 , by passage of Resolution No. 2912; and, WHEREAS, all rate change procedure requirements of Section 22 (c) , 1 and 2, of Ordinance No. 3305 have been compiled with; and, WHEREAS, the professional services of Cable Television Information Associates were retained by the City of Wichita Falls to aid in cable television rate analysis; and, WHEREAS, Cable Television Information Associates recommend a $.37 per subscriber increase in basic monthly service rates. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen hereby modifies Vista Cablevision, Inc. 's proposed rate increase for basic cable television service. A $.37 increase per consumer per month of basic cable television service is approved. Moved by Alderman Hampton that Resolution No. 42-83 be passed, as written. Motion seconded by Alderman Boston. Alderman Wilson stated that he has a problem with their basic approach. They used the public utility approach to the basic rate. They do not fall in the same category as a public utility. It is not a basic service. It is not essential such as a telephone, gas, or electric, and he does not see this as the right approach. The consumers can vote with their dollars whether they want it or not. Alderman Hampton commented that this is what was said about Ma Bell . He feels from a taxpayer's standpoint the public deserves someone checking on the prices they charge. It may get to the point where cable TV could be vital . It is a monopoly because it is the only one he can subscribe to. Alderman Wilson stated that the consumers will vote with their dollars. He suggested $8.95 from $6.50 per month. Lewis Pearce appeared as General Manager of Vista Cablevision. He stated that they did advocate deregulation. They asked for $1 .55 increase in their basic rates. It has to be voted on every three years. That would be the longest period of time that the Council would have to wait to change their decision. If 96 Item 13f, cont'd. a lack of control is a concern, their performance between now and the fall of 1984 would be a judgment factor for the Council at that time. They would prefer to see decontrol , and the Council address it every three years. Mayor Cook commented on the addressable system by the telephone company. He, too, had a concern that it was using the public utility approach. He did not have sufficient information to make a recommendation. Mr. Pearce stated that the consultant asked for nothing except what they had already provided to the City. John Neal , of Vista Cablevision, stated that they are upset about the CTIC report. They may draw some erroneous conclusions. The main reason it is a problem is that they report that their findings are preliminary due to time constraints. He stated that what they sought was not a basic rate increase. They sought a rate increase in the optional tier service. He objected to the financial evaluation of the CTIC report. They take the position that they should be deregulated. The basis $5.50 service is not being requested to be increased. It is the optional tier service. If there is any sentiment toward a trial deregulation, they have a proposal to make a commitment that until 1984 they will not increase the basic service rate from $5.50. With respect to the tier service they have a commitment in that if they choose to deregulate they will increase only $1 .55, plus $.37 for the pass-through charge for WBTS. They will freeze the tier rate for 12 months. He stated that if they act without discretion they can decrease their rates. Alderman Shearman asked if he had the basic rates alone, can he subscribe to the pay channels? Mr. Neal stated that he could. He does not have to have the $6.95 service. Mr. Pearce read a letter regarding deregulation, and their commitments to subscribers in Wichita Falls. They will not increase the tier rate more than $1 .55, plus a $.37 adjustment to retain WTBS. They will retain the $5.50 basic charge until 1984. The motion for passage of Resolution No. 42-83 was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Morris, and Boston Nays: Alderman Wilson - - - - - - - - - - Item 13g A proposed resolution was presented approving a contract with Zack Burkett for the Central Services Complex. RESOLUTION NO. 43-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ZACK BURKETT COMPANY FOR SITE PREPARATION FOR THE CENTRAL SERVICES COMPLEX. 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 Zack Burkett Company, providing for a portion of the site preparation for the Central Services Complex and calling for payment on an hourly basis, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Shearman that Resolution No. 43-83 be passed. Motion seconded by Alderman Hampton. Alderman Wilson asked if they only talked to two contractors, and are they the only ones capable of doing this work? Randy Brown stated that they only talked to two contractors. They were trying to make sure they had the equipment available. 97 Item 13g, cont'd. ie following vote. Shearman, Hampton, Russell , Wilson, Morris, it bids on tires and tubes be rejected, and that Morris, and carried by the following vote. Hampton, Russell , Wilson, Morris, and Boston nan was out of the room) Item 15a Permission was requested to advertise for bids for Health Department copier machine. Moved by Alderman Boston that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Russell , and carried unanimously. Item 16a Randolph Duke appeared, stating that he is still trying to operate his business. Mayor Cook stated that a work session will be scheduled at a later date. Item 16b Action was considered on the Airport Zoning Ordinance. Moved by Alderman that Ordinance No. 100-82 be repealed. No second was received. ORDINANCE NO. 24-83 ORDINANCE DECLINING TO REPEAL ORDINANCE NO. 100-82, THE AIRPORT ZONING ORDINANCE, WHICH ESTABLISHED HEIGHT LIMITATIONS AND REGULATED THE USE OF CERTAIN PROPERTY IN THE VICINITY OF SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIRPORT, AND SUBMITTING THE QUESTION TO THE ELECTORS AT THE NEXT MUNICIPAL ELECTION ON APRIL 2, 1983. Moved by Alderman Wilson that Ordinance No. 24-83 be passed, placing Airport Zoning on the ballot. Motion seconded by Alderman Morris. City Attorney H.P. Hodge stated that the petitioners shall have input in drafting the ballot title. He contacted Frank Kraja, and he thinks they have some suggestions about the language which the Council should consider. Frank Kraja, 4913 Del Rio, stated that they would like it it include height limitation on approximately 65 square miles, and regulating the use of property in the vicinity of Sheppard Air Force Base/Wichita Falls Municipal Airport. The motion was carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 98 Items 16c, d, e The Board of Aldermen recessed at 10:40 A.M. , in executive session, and resumed at 12:05 P.M. Moved by Alderman Hampton that Mayor Cook and Alderman Wilson be appointed as Council representatives on the Ad Hoc Transportation Committee for one-year terms to expire February 15, 1984. Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Hampton that Glynn Purtle be reappointed to the Civil Service Commission for a three-year term to expire February 15, 1986. Motion seconded by Alderman Morris, and carried unanimously. Moved by Alderman Hampton that Elvin Dudley be appointed to the Building Code Board of Adjustments and Appeals (replacing Charles Barr) for a term to expire May 31 , 1983. Motion seconded by Alderman Boston, and carried unanimously. The Board of Aldermen adjourned at 12:10 P.M. PASSED AND APPROVED this � � day of 1983. i I `Horace O. 'Rostoh, Mayor Pro tem ATTEST: ilma J. Thomas, CMC, City Clerk HOUSING REHABILITATION ASSISTANCE PROGRAMS TABLE OF CONTENTS Page No. I. Purpose of the Programs 1 II. Designated Authority/Responsibilities 1 III. Includable Cost for Rehabilitation 1 IV. Eligibility Requirements 1 A. General 1 B. Financial 2 V. CBDG Housing Rehabilitation Assistance Programs 3 A. Rehabilitation Grant Program 3 B. Project SHARE 3 C. Loan Subsidy Program 4 D. Project PAINT Program 4 E. Energy Retrofit Program 5 F. Emergency Repairs 5 VI. Administration 6 A. General 6 B. Receipt of Applications 6 C. Contractor Requirements 7 D. Bidding Procedures 7 E. Contracts 7 F. Security Requirements for Rehabilitation Grants 8 G. Inspection 8 H. Contingency Funds 9 I. Files 9 J. Changes or Waivers 9 i HOUSING REHABILITATION ASSISTANCE PROGRAMS WICHITA FALLS, TEXAS I. PURPOSE OF THE PROGRAMS A. The City of Wichita Falls, Texas, acting by and through its Planning Department, shall provide financial assistance to those applicants of Wichita Falls who reside in those areas specified in the grant appli - cation for Community Development Block Grant funds as approved by the Department of Housing and Urban Development and who meet these eligi - bility criteria specified herein. B. The sole purpose of the financial assistance provided shall be to provide decent, safe and sanitary housing for low and moderate income residents by rehabilitation of existing structures to a condition which brings the structures into compliance with the Standard Housing Code and/or other program requirements as may be approved by the Board of Aldermen of the City of Wichita Falls , Texas. C. This program shall be operated in accordance with applicable rules and regulations of the City of Wichita Falls, the State of Texas and the Department of Housing and Urban Development. II. DESIGNATED AUTHORITY/RESPONSIBILITIES A. The Planning Department of the City of Wichita Falls, Texas, shall administer the housing rehabilitation assistance program. B. The Director of the Planning Department is the approval officer. C. The Community Development Section shall prepare and submit applica- tions for approval on behalf of the applicants. This responsibility shall apply to all housing related programs. III. INCLUDABLE COST FOR CDBG FUNDED REHABILITATION A. CDBG rehabilitation funds shall be used only for those repairs and/or replacements which are necessary to correct actual or incipient violations of the Standard Housing code and/or B. Those repairs and replacements necessary to provide energy efficient qualities specified by the Department of Housing and Urban Development, and/or C. Those improvements designated by programs as may be approved by the Board of Aldermen of the City of Wichita Falls. IV. ELIGIBILITY REQUIREMENTS FOR CDBG FINANCIAL ASSISTANCE A. GENERAL 1. The applicant must be an individual or family who owns and occupies the residential unit. The applicant will be considered the owner if s/he: -2- a. Is the "owner of record" on the books at the County Court House and has a minimum occupancy in that residential unit of not less than three months. b. Possesses a valid contract for deed which has been or may be filed for record at the Wichita County Court House and which includes reasonable rights of redemption and quiet and peaceable possession of the property, or c. Possesses a life estate which has been, or may be filed for record at the County Court House. 2. To qualify for any CDBG Housing Assistance Program, all county, city and school taxes assessed on a property must have been paid. In the event a delinquency is discovered, the applicant will be notified and afforded a thirty (30) day period to pay delinquent taxes. If the delinquent taxes remain unpaid thirty (30) days from the date of notification , the application will be deemed ineligible for assistance. 3. The applicant must agree to maintain the rehabilitated dwelling to housing code standards and to annual compliance inspections during the pay back period. 4. The applicant will be required to provide proof of homeowners insurance protection on the unit prior to work proceeding, as required in the Builder's and Mechanic's Lien Contract. Insurance must continue to be carried during the period of time the lien is in force. 5. The owner occupied structure must be located in one of the following census tracts : 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 116, or 127. Any of these census tracts , or portion thereof, may be targeted to receive a specific amount of the program funds provided it meets established criteria. 6. Chapter 15 1/2, FLOOD DAMAGE PREVENTION, of the City of Wichita Falls Code of Ordinances shall be complied with for any structures that lie within the Flood Plain. Flood Plain Insurance must be obtained and continue to be carried during the period the lien is in force. B. FINANCIAL. Community Development Block Grant funds are intended to serve the maximum feasible number of low and moderate income resi - dences who have no other means of financing repairs or improvements. Such funds shall not be made available to any homeowner having sub- stantial financial resources and assets available. 1. In order to qualify for CCBG Housing Rehabilitation Assistance, maximum income limits have been adopted using Department of Housing and Urban Development (HUD) guidelines. Income levels are established and periodically revised by HUD based on median/income and family size. The most current income levels, based on family size, for the City of Wichita Falls shall be used to determine the number of points awarded for income on the Point Assessment Schedule. -3- 2. To ensure that funds expended under this program meet the intent of the CDBG guidelines , no more than fifteen precent (15%) of the total Housing Rehabilitation Assistance funds shall be expended for home-owners with income exceeding the income ceiling established for Section 8 of the National Housing Act. V. CDBG HOUSING REHABILITATION ASSISTANCE PROGRAMS When all eligibility requirements have been met, the applicant shall be entitled to receive CDBG housing rehabilitation assistance under one or more of the following programs. A. REHABILITATION GRANT PROGRAM. CDBG Housing Rehabilitation Assistance in the amount necessary to bring the property to minimum standards and City codes may be provided. The total maximum allowable amount shall not exceed $10,000 and shall be computed using the following criteria. 1. Structure. That amount of the grant to be used for strucutre and mechanical system repairs shall not exceed 50% of the replacement cost of a similar structure or $7,500, whichever is less. 2. Energy. That amount of the grant to be used to provide energy saving devices shuch as insulation, storm door and windows, etc. shall not exceed $1,250. 3. Paint. That amount of the grant used to paint the structure exterior shall not exceed $2,500. 4. When required, additional funds may be provided for improvements to make the structure or facilities accessible for handicapped residents of the residential unit. This amount shall not exceed $750, and will not be included in the maximum grant amount. these special costs may include, but shall not be limited to: a. Widening of doorways. b. Construction of ramps. c. Smoothing floors and adjustment of surfaces. d. Raising or lowering cabinets and shelves. e. Installing special equipment such as braces and supports in critical areas such as bathrooms and bedrooms. B. PROJECT SHARE - SHELF HELP ADJUSTMENT TO REHABILITATION EXPENSES. Project SHARE provides assistance to applicants who are ineligible for a rehabilitation grant because the amount of money required for the necessary rehabilitation exceeds the program limits and/or the applicant has accrued insufficient points on the Point Assessment Schedule. -4- 1. Points. Additional points may be awarded an applicant on a ratio of (1) point for each $500 worth of labor the applicant is willing to perform to accomplish the rehabilitation of the structure. Labor for computing a point increase or reducing the cost of rehabilitation shall be based on the most current Davis-Bacon Wage Decision. 2. Rehabilitation Cost Reduction. The total amount of rehabilita- tion cost may be reduced by the value of the labor the applicant is willing to perform to accomplish the rehabilitation of the structure. 3. Rehabilitation Grant Conditions. The total maximum allowable amount shall not exceed $10,000 and shall be computed using the same criteria as those established in V.A. above. C. LOAN SUBSIDY PROGRAM. CDBG housing rehabilitation funds may be used to subsidize interest rates for rehabilitation loans secured from private investors such as banks, savings and loans, mortgage companies , etc. The subsidy paid from CDBG funds shall be restricted to payments necessary to reduce the interest rate from the current market rate to a more favorable rate to be determined by the private lending institution and the Planning Department of the City of Wichita Falls. 1. The Planning Department shall assist the applicant to prepare and submit the loan application to the private investor for approval . The private investor shall be given the first position of security by means of a promissory note and mortgage from the applicant to the private investor. 2. The term of the mortgage shall not exceed ten (10) years or a maximum amount of $10,000. 3. CDBG funds may be used in conjunction with a subsidized loan ; however, CDBG funds shall not exceed the maximum amount specified in Section V or the amount necessary to reduce the applicant 's monthly housing expense after rehabilitation to 30% of the applicant 's gross monthly income, whichever is less. In such cases, the City 's security requirement shall be secondary to the private institution 's security interest. D. PROJECT PAINT PROGRAM. The Planning Department may grant funds for the Community Development Project PAINT for any eligible applicant whose residence is structurally sound and meets minimum code standards but is in need of exterior painting. Elderly and handicapped households will be given priority in this program. Such funds shall be granted for materials and labor needed to make necessary exterior improvements to prevent deterioration of the structure. 1. The Director of Planning or his designated representative shall review all applications for Project PAINT prior to approving a grant and the decision of the review shall be final . 2. The applicant must meet the eligibility requirements for the CDBG rehabilitation assistance to receive assistance. -5- 3. The security requirements stated in Section VI shall be required to secure approved grants within this program; however, the term of repayment shall be three (3) years unless this program is used in conjunction with any other CDBG Rehabilitation Program. In such event, the term of the repayment will be five (5) years. 4. No applicant shall be eligible to receive more than one grant for Project PAINT. The total grant amount shall not exceed $2,500. E. ENERGY RETROFIT PROGRAM. The Planning Department has the authority to grant funds for energy retrofit to eligible applicants whose residents is structurally sound and meets the minimum code standards but is in need of weatherization improvements. Elderly and handi - capped households will be given priority in this program. Such funds shall be granted to bring the structure into compliance with energy efficient guidelines as established by the Department of Housing and Urban Development. 1. The Director of Planning or his designated representative shall review all applications for energy retrofit assistance prior to approving a grant and the decision of the review shall be final . 2. The applicant must meet the eligibility requirements for the CDBG rehabilitation assistance to receive energy retrofit assistance. 3. The security requirements stated in Section VI shall be required to secure approved grants within this program; however, the term of repayment shall be three (3) years unless this program is used in conjunction with any other CDBG Rehabilitation Program. In such event, the term of the repayment will be five (5) years. 4. No applicant shall be eligible to receive more than one energy retrofit grant. The total grant amount shall not exceed $1,250. F. EMERGENCY REPAIRS. The emergency repair program is designed to e iminate a specific hazard to the health, safety or welfare of the homeowner, who is financially unable to make the required repairs. It is not specifically designed to meet housing code standards, but rather to correct situations that endanger the health, safety or welfare of the inhabitants , or situations that if not immediately corrected, could be expected to cause additional damage to the structure, resulting in a hazard to the homeowner. 1. The applicant must meet the eligibility requirements for the CDBG rehabilitation assistance to receive emergency repairs. The Department shall have the authority to waive prior verification of eligibility in cases where an immediate danger to health, safety or sanitation exists. The applicant shall be notified that, in the event the verification of eligibility should reveal the applicant does not fall within the requirements, they shall be required to make full restitution to the Department or a lien will be filed. 2. The security requirements stated in Section VI.F. shall not be required to secure approved grants within this program. 3. No applicant shall be eligible to receive more than one emergency repair in one calendar year nor more than $1,000 per repair. The total amount of the emergency repairs on any structure shall not exceed $3,000 nor shall any family receive more than this amount on any dwelling unit they may purchase. -6- VI. ADMINISTRATION A. GENERAL. The CDBG Housing Rehabilitation Program is designed as a self-referral program; however, there shall be a continuous outreach effort in such areas as neighborhood meetings and through the local news media. B. RECEIPT OF APPLICATIONS. The Planning Department will accept applications for verification from owner-occupants of the specified area. At the time of initial applications , the Rehabilitation Specialist shall make a determination of initial eligibility followed by a detailed inspection and application report. The information obtained on the application and rehabilitation guidelines shall determine which program the applicant is eligible for. The Rehabilitation Specialist shall be responsible for the grading of all applications in accordance with the following schedule. Those applicants receiving the highest number of points shall be considered as first priority applications. Point Assessment Schedule Maximum Points 1. INCOME 4 Points 1 - 81-957. of median income 2 - 65-80% of median income 3 - 50% - 65% of median income 4 - less than 50% of median income 2. HOUSING CONDITIONS: 9 Points 9 - Fails to meet Section 8 Housing Quality Standards as described in HUD Form 52580 1 point will be awarded for each failing section except section 6 which will award 2 points 6 - Meets Section 8 Housing Quality Standards but fails Standard Housing Code (current edition) ; each portion of the electrical , plumbing, structural sections that fails will award 2 points 3. FINANCIAL FEASIBILITY: 5 Points 5 - Can be rehabilitated to Standard Housing Code within program limits. 4. OWNER EFFORTS TO MAINTAIN UNIT: 5 Points 5 - Unit meets Section 307 of the Standard Housing Code for cleanliness and care of premises and section 101. 5 for maintenance. 5. AGE OF OCCUPANT: 2 One point for each five years the head of house- hold exceeds age 60. 6. HANDICAPPED 2 Two points for handicapped 7. FEMALE HEAD OF HOUSEHOLD 1 8. FAMILY SIZE OVER 4 PERSONS 2 TOTAL MAXIMUM POINTS 30 -7- C. CONTRACTOR REQUIREMENTS 1. Contractors eligible to accept contracts to complete rehabilita- tion projects shall be on file with the City of Wichita Falls Building Inspector as a licensed and bonded contractor for the work to be performed. 2. The contractor shall provide the Planning Department evidence of insurance as required by the City of Wichita Falls and the State of Texas. D. BIDDING PROCEDURES 1. The homeowner shall have the right to select any qualified contractor. 2. The homeowner shall have the right to select more than one contractor for competitive bidding. All contractors bidding must meet Department 's requirements to be eligible to do rehabilita- tion. If the homeowner has no preference, two or more con- tractors will be assigned. 3. The Planning Department shall have the option to group approved applications into a single project for competitive bidding. E. CONTRACTS. This section sets forth requirements and procedures with respect to contracts for rehabilitation financed through a rehabilitation grant, and/or a rehabilitation loan. Rehabilitation work shall be undertaken only through a written contract between the contractor and the recipient of the grant or loan. The Planning Department shall assist each applicant in arranging for and obtaining an acceptable contract. 1. The rehabilitation contract will consist of a single document signed by the contractor and accepted by the applicant, only following approval of the rehabilitation grant and/or loan. It shall contain a bid and proposal by the contractor, and the general conditions as well as the specifications for the work to be performed. 2. The contractor shall obtain all permits required by the City of Wichita Falls, and shall require the same of his sub-contractors. Copies of all permits shall be submitted to the Planning Department with all other final papers before disbursement is made. 3. All work performed by the contractor is covered by a one (1) year guarantee. For a period of one year, the homeowner may require the contractor to correct defects and inadequacies in the work performed under the contr c.t. -8— F. SECURITY REQUIREMENTS FOR REHABILITATION GRANTS. A Builder's and Mechanic's Lien Note and Contract to the City of Wichita Falls, Texas, or such Agency as they may designate, shall be required on every CDBG rehabilitation assistance. Said Note and Contract will be properly filed and include the following provisions : 1. Zero percent (0%) interest rate. 2. No payments shall be due from the property owner as long as the property is the legal residence of the recipient. 3. If the property is transferred by sale or the recipient ceases to occupy the property as his legal residence, repayments of the CDBG rehabilitation assistance shall be due and payable imme- diately. Each year, on the anniversary date of the lien, the repayment amount shall be reduced by twenty percent (207.) or one-fifth (1/5) of the total amount of the CDBG rehabilitation assistance until a zero balance is obtained at the end of five (5) years. For example, on a CDBG rehabilition assistance of $7,500, the following repayment schedule would apply: Date of Mortgage Repayment Amount End of Year 1 $6,000 End of Year 2 $4,500 End of Year 3 $3,000 End of Year 4 $1,500 End of Year 5 -0- 4. In the event of the death of a single person family applicant, the legal heir(s ) to the property shall repay to the City within fifteen (15) days, unless extended, the amount of the unearned assistance as set out in Section VI, 3. A surviving spouse of a joint application or lineal descendants of an applicant who were residents at the time of the application will continue to be afforded the benefit of the terms of the original grant. 5. The City of Wichita Falls or such agency as they may designate will file a Release of Lien upon receipt of payment, or on the anniversary date of the (5th) year of occupancy by the applicant since rehabilitation. G. INSPECTION OF REHABILITATION WORK. This section sets forth the requirements for the inspection of rehabilitation work financed in whole or in part with a rehabilitation grant and/or loan. 1. Responsibility for Making Inspections. The Planning Department shall arrange inspections of construction work. To accomplish this , the Planning Department shall ensure: a. Periodic inspections to determine that the contracted work is completed in accordance with the contract. b. Compliance inspection, as necessary, to assure that the contracted work has been completed in accordance with city codes -9- 2. Final Inspection. Upon completion of the rehabilitation work and receipt of the contractor's invoice containing his certification of satisfactory completion of all the work in accordance with the contract and his warranty, the Planning Department shall arrange for inspection of the completed work. 3. Making Final Payment. When the final inspection determines that the work has been satisfactorily completed in accordance with the contract, the Planning Department shall obtain from the contractor a release of liens and a copy of each warranty due the applicant for the work. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, the Department shall make final payment in accordance with rules and regulations. H. CONTINGENCY FUNDS. At the discretion of the Community Development Section, additional funding not to exceed ten percent (10%) of the original contract may be utilized as a contingency fund to pay for conditions which were not detected and included in the original contract. I. FILES. The Planning Department shall maintain accurate files and records on each applicant and all documentation pertinent to the case shall be included. Personal data on individuals will be considered confidential information under the Privacy Act and will be released only to authorized governmental agencies and other applicable personnel . J. CHANGES OR WAIVERS. The Board of Aldermen shall have the right to waive, change, modify or revoke all or any part of this plan. i STATE OF TEXAS 0 COUNTY OF WICHITA 0 This Contract, made and entered into as of the day of 1983, by and between the City of Wichita Falls, Wichita Falls, Texas (hereinafter called "Owner") and the firm of Biggs & Mathews, Inc . , Consulting Engineers, Wichita Falls, Texas (hereinafter called "Engineer") . WITNESSETH: WHEREAS, the Owner will require the construction of certain improvements involving replacement of trickling filter media, filter tank wall repairs and improvements to grit chamber at the wastewater treatment plant located south of the Wichita River in the City of Wichita Falls and WHEREAS, the firm of Biggs & Mathews, Inc . is acceptable to the Owner and is willing to enter into a contract to perform engineering service required by the Owner; NOW THEREFORE, it is agreed as follows: I . The Owner hereby retains the Engineer for all engineering services re- quired in connection with the replacement of trickling filter media, filter tank wall repairs and improvements to grit chamber at the wastewater treatment plant. The services performed by the Engineer in connection with the proposed improvements shall be as follows: I . Prepare plans and specifications II . Prepare contract documents III . Conduct general and/or resident supervision of project IV. Prepare monthly progress reports and pay estimates and submit same to the Owner for payment -1- Page 3 of 9 Pages Agenda Item No. V. Prepare "As-Built" plans Vi . Assist Owner in the final project acceptance process . II Item No. I - Preparing of detailed plans and specifications shall include: ( a) Establishing the scope of any soil and foundation investigations which may be required and making the necessary arrangements to obtain the necessary services . (b) Surveys , preliminary design and layout of the improvements. (c) Preparation of detailed plans. (d) Preparation of project quantities and cost estimates . (e) Furnish to the Owner all necessary copies of approved plans , specifi- cations , notices to bidders and proposal forms . Item No. II - Prepare Contract Documents shall include: ( a) Preparation of the Contracts and specifications . (b) Assistance in the advertisement of the project for bids . (c) Assistance in the opening, tabulation and analysis of the bids re- ceived and recommendations as to the appropriate action to be taken. (d) Assistance in the preparation of formal contract documents for con- struction contracts . Item No. III - Conduct general and/or resident supervision of project shall include: (a) Making periodic visits to the various sites (as distinguished from the continuous services of a resident Project Representative) to observe the executed work and to determine in Qeneral if the work is proceeding in accordance with the contract documents. In carrying out this function, it is understood that the Engineer does not guarantee the contractor' s performance, nor is he responsible for supervision of the contractor'.s operation and employees . (b) Consultinq and advising with the Owner and preparing routine change orders as required. (c) Reviewing shop and working drawings and design mixes furnished by contractors for compliance with design concept and with information given in contract documents (contractor is responsible for dimensions to be confirmed and correlated at job site) . -L- Page 4 of 9 Pages Agenda Item No. (d) Preparation of monthly and final estimates for payments to contrac- tors , and furnishing any necessary certifications as to payments to contractors and suppliers. (e) Performing, in company with the representative of the Owner, a final inspection of the project. ( f) Revision of construction drawings, with the assistance of the resi- dent Project Representative, to reflect any revisions included in construction records . (g) Furnish Owner with three (3) sets of construction drawings. Item No. IV - Prepare "As-Built" plans shall include: ( a) Updating plans to show any changes during construction. (b) Furnish Owner with three (3) sets of "As-Built" prints and one (1) set of reproducible tracings. III For the basic services performed under Section II of this agreement , the compensation to the Engineer shall be expressed as a percent of the cost of construction for which preparation of plans and specifications are authorized and shall be ten and one-half ( 10.5%) percent, and not to exceed $10,500.00. Upon completion of the services as set out in Section II of this agree- ment, eighty (80%) percent of the total basic charge shall be due and payable. The remaining twenty (20%) percent shall be paid during construction in pro- portion to the Contractor' s earnings. For special services such as court litigation and other miscellaneous services not outlined in Section II , the Engineer shall be compensated on the basis of the Schedule shown in Section IV. Statements for services in this category shall be rendered monthly and payment shall be due not less than thirty (30) days after submission of a statement. -3- Page 5 of 9 Pages Agenda Item No. IV boundary, and The charge provided herein shall not include property, mill , field or laboratory inspection of materials; survey, shop, "As- right-of-way lorations; copies of cost of inspection borings or other subsurface exp ns of special excess of three ( ) ; calculatio " plans and specifications in Quilt Representative for continuous assessments; the services of a resident Project on-the-site observance of the work; or the furnishing of construction line and grade surveys. elects to have the Engineer furnish services of a resident If the Owner for continuous on-the-site observance of the work or the Project Representative surveys , the Engineer will furnish furnishing of cons truction line and grade this service at the following schedule of rates: SURVEY PERSONNEL $ 70,00 per hour Four-Man Survey Party $ 58.00 per hour Three-Man Survey Party $ 24.00 per hour Land Surveyor CONSTRUCTION INSPECTION $ 30.00 per hour Resident Engineer 18.00 per hour Resident Inspector ENGINEERING AND GENERAL SUPERVISOR per hour 45 -00 Principal or Officer of Firm $ 36.00 per hour Project Engineer $ 17 .50 per hour Senior Draftsman $ 12.00 per hour Junior Draftsman sts incurred shall be reimbursed at Direct expenses and subcontract co actual cost. or thereafter, the If during preparation of the plans and specifications , required to render additional services because of changes or re Engineer shall be q then the Engineer shall be com- delays, or other causes beyond his control , of the schedule set out in pensated for such additional services on the basis Section IV . -4- Page 6 9 of P m No._ Agenda Ite V It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be done under this contract until the Engineer is instructed in writing to proceed with the work. At the time written instructions are given to the Engineer to proceed, evidence shal 1 be furnished that funds are available to pay for the services rendered . It is also understood that the Engineer will not supply a resident Project Representative for continuous on-the-site observance of the work or furnish construction line and grade surveys unless instructed in writing to do so. VI Any provision in this contract notwithstanding, it is specifically under- stood and agreed that the Engineer shall not authorize or undertake any work pursuant to this contract, which work would require the payment of any charge, expense or reimbursement in addition to the charge stipulated in Section III , without having first had and obtained specific written authority therefore. V I I This contract shall not be assignable in whole or in part without the consent of the Owner. VIII All payments for services rendered by the Engineer that have not been paid within sixty (60) days after becoming due shall thereafter accrue interest at the rate of eighteen (18%) percent per annum. -5- Page 7 of 9 Pages Agenda Item No. IX In connection with all the work outlined or- contemplated above, it is agreed that the Owner or the Engineer may cancel or terminate this contract . Upon thirty ( 30) days written notice of such cancellation from either party to the other, all work and labor being performed under this contract shall imme- diately cease, pending final cancellation at the end of such thirty day period, and further provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by him prior to the re- ceipt of notice of such termination. X The City of 'Wichita Falls or any of its duly authorized representatives shall have access to any books, documents , papers and records of the Engineer which are directly pertinent to this project for the purpose of making accurate examination, excerpts and transcription. XI The Engineer shall have access to any existing City plats and records in the possession of the Owner that will be of benefit in the preparation of the plans and specifications . -6- Page 8 of 9 Pages Agenda Item No. IN WITNESS HEREOF, the City of Wichita Falls , Texas has caused this con- tract to be executed by its City Manager and attested by its City Clerk and the official seal of the City affixed hereto, and Biggs & Mathews, Inc. , Consulting Engineers , has caused this contract to be executed by its President and its Secretary, with all such executions being in quadruplicate, each of which shall constitute an original , and all of which has been done as of the date here above first written. APPROVED AS TO FORM: BY City Attorney CITY OF WICHITA FALLS By _ City Manager ATTEST: City Clerk BIGGS & MATHEWS, INC. CONSULTING ENGINEERS BY YAe J. . Biggs , Jr. , P.E . , President Registered Professional Engineer No . 16101 ATTEST: —secretary -7- Page 9 of 9 Pages Agenda Item No. I STATE Of= TEXAS ¢ COUNTY OF WICHITA Q This contract, made and entered into this the 15th day of February, by and between the City of Wichita Falls, Texas, hereinafter called "City", and Lack Burkett Company, hereinafter called "Contractor'' WITNES.SETH: For and in consideration of the mutual covenants herein contained, the part.es hereto do hereby agree as follows: 1. Contractor shall perform site preparation work at the proposed site of the Central Services Complex. Work shall be performed in accordance with a rough grading plan to be provided by the i City. l•lork shall be coordinated through the City's Street Super- intendent and shall be guided by City surveyors. 2. City shall pay Contractor at the following rates per hour, or fraction thereof: 9 cu. yd. scraper .$45.00 11 cu. yd. scraper 55.00 755 Track Loader 40.00 D-5 Dozer 45.00 Water Truck 25.00 Motor Grader (12 Cat or comparable) 40.00 Vibortory Compactor 35.00 Foreman and Laborer 25"00 Substitution of other equipment for equipment listed above must be approved by the Street Superintendent. 3. This contract shall have a minimum, term of one week, and the total consideration paid by City to Contractor for such first week shall ,:- not exceed the sum of $4,000. Thereafter, if the amount and quality of the work accompiisned is determined to be satisfactory by the Public Works Department, the work shall continue on a day-to-day basis at the above hourly rates; provided, however, the m,'vimu;!i amount r,hich shall be paid by the City to Contractor under this contract_ shall be the sum of $40,000. 4. Itcnized billings will be submitted weekly by Contractor to the Cit>, and the same shall be clue and payable in Grandm, Young County, Texas on or before the loth day after receipt by the City Of such billing. Page 4 of 5 Pages Aqenda Item No. 13. g, 5. Contractor shall furnish to City certificates of insurance showing that it carries a minimum of public liability insurance of $100,000 and S300,000 "or bodily injury and S50,000 for property damage. 6. Notvithstanding the other provisions contained herein, after the i end of the first week, either City or Contractor shall have the P ._t ? right to stop the work and cancel the contract at the end of any day. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set oat above. CITY OF WICHITA FALLS, TEXAS BY: _ Dane J. Bennett, Acting City Manager ATTEST: City Clerk ZACK BURKETT COMPANY BY: _ Zack Burkett III, President I I i -2- Page 5 of 5 Pages Agenda Item No.