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Min 03/15/1983 108 Wichita Falls , Texas Memorial Auditorium Building March 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 . it Gary D . Cook Mayor Gene Shearman X John W. Hampton X Carol G. Russell X Craig A. Wilson X Aldermen Howard M. Morris X Horace 0. Boston X 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 Doyle Henderson, Wesley Foundation. -------------- Item 3 Moved by Alderman Boston that minutes of the meeting held March 1, 1983 , be approved . Motion seconded by Alderman. Shearman, and carried unanimously . --------------- Items 4a - 10a Item 4d was moved to the regular agenda . Moved by Alderman Morris that the remainder of the consent agenda be approved . Motion seconded by Alderman Russell . Item 4a ORDINANCE NO. 29-83 AN ORDINANCE GRANTING A WAIVER OF A PORTION OF SECTION 27-24 .5 OF THE CODE OF ORDINANCES FOR THE PURPOSE OF CONSTRUCTING AN ADEQUATE DRIVEWAY APPROACH ONTO TRAVIS STREET FOR THE PROPERTY LOCATED AT 1230 MIDWESTERN PARKWAY . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris, and Boston . Nays : None Item 4b A proposed appropriation ordinance was presented in the amount of $5 , 722 .50 for two emergency warning sirens . 109 ORDINANCE NO. 30-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Morris, Wilson, and Boston Nays : None . Item 4c A proposed ordinance was presented appropriating $5, 579 .40 for public transit matching contributions . ORDINANCE NO. 31-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE FY 82 MATCH- ING CONTRIBUTION ACCOUNT FUND TO ACCOUNT NUMBER LISTED ` BELOW. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Morris, Wilson, and Boston Nays : None Item 5a RESOLUTION NO . 47-83 r RESOLUTION AUTHORIZING THE CITY PARK MAINTENANCE DIVISION TO ASSIST THE LIBRA FOUNDATION IN THE PREPARATION OF SPRING GARDEN PLOTS . WHEREAS, the Libra Foundation, a privately funded, non- profit organization, has requested the assistance of the Park Maintenance Division in the preparation of spring garden plots ; and, WHEREAS , it is deemed advisable and in the public interest to assist the Libra Foundation in its efforts to promote self- reliance by preparing spring garden plots in the community gardens . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Park Maintenance Division is hereby authorized to assist the Libra Foundation in preparation of the following sites for spring garden plots . (1) Zenobia Tremble #1 Project (2) Ben Donnell Project (3) The lot adjoining the Neighborhood Association on Wichita Street . Ayes : Mayor Cook, Aldermen Shearman, Russell, Hampton, Morris, Wilson, and Boston Nays : None Item 5b RESOLUTION NO . 48-83 RESOLUTION APPROVING AND AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA COUNTY SOCCER REFEREES ASSOCIATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: 110 / That certain contract with the Wichita County Soccer Referees Association, a copy of which is attached hereto, is hereby approved and the Acting City Manager is authorized to sign the same . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 5c RESOLUTION NO . 49-83 RESOLUTION APPROVING AND AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A CONTRACT WITH THE NORTH CENTRAL TEXAS UMPIRES ASSOCIATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain contract with the North Central Texas Umpires Association, a copy of which is attached hereto, is hereby approved, and the Acting City Manager is authorized to sign the same . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 5d u RESOLUTION NO. 50-83 RESOLUTION APPROVING THE HIRING OF THE FIRM OF CORLETT, j PROBST & BOYD, INC. , CONSULTING ENGINEERS , FOR ENGINEERING SERVICES ON SANITARY SEWER EXTENSION WEST OF FM 369 , ! AND WATER MAIN EXTENSION FROM CYPRESS PLANT TO ALLENDALE ! ROAD. WHEREAS, the City of Wichita Falls proposes to extend the sanitary sewer west of FM 369 to the City limits , and to extend a 12 inch water main from the Cypress Water Treatment Plant west to Allendale Road; and, WHEREAS, the City of Wichita Falls wishes to employ the firm of Corlett, Probst & Boyd, Inc . , to provide the engineering services for these extensions . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The firm of Corlett, Probst & Boyd, Inc . , has agreed to provide the 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 . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 5e RESOLUTION NO. 51-83 RESOLUTION AMENDING RESOLUTION NO. 21-83 NAMING ALTERNATE PRESIDING JUDGE AT CITY BOX NO. 13 . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: Resolution No . 21-83, naming voting places and officials for the April 2 , 1983 election, passed and approved by the Board of Aldermen on February 1 , 1983, is hereby amended by 111 changing the Alternate Presiding Judge for City Box No . 13 from Mrs . Jack Lynch to Mrs . Nell Enriquez . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 6a The bid for two tank sprayer units for the Parks Department was awarded to Colonial Motor Company in the amount of $7 , 800 . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 6b RESOLUTION NO. 52-83 RESOLUTION ACCEPTING BID OF BROWNING ELECTRIC INC . FOR INSTALLATION OF BALLFIELD LIGHTING EQUIPMENT AT WILLIAMS PARK, AND AUTHORIZING CITY MANAGER TO EXECUTE THE CONTRACT. WHEREAS, the City has advertised for bids for the labor to install ballfield lighting equipment at Williams Park, and, WHEREAS, three bids were received, and the bid of Browning Electric, Inc . , in the amount of $9 ,950 .00 is the lowest responsible bid . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The bid of Browning Electric, Inc . , in the amount of $9 ,950 is hereby accepted, and the City Manager is authorized to execute a contract with such contractor for the installation of such ballfield lighting equipment . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris, and Boston Nays : None Item 6c The bid for a hydraulic platform lift for the Traffic Department was awarded to Traffic Signals , Inc . , in the amount of $7 , 591 .00 . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays : None Item 6d RESOLUTION NO. 53-83 RESOLUTION AWARDING CONTRACT TO CHEMPAC SYSTEMS FOR A LIME SLAKER FOR THE JASPER STREET WATER PURIFICATION PLANT. WHEREAS , two bids were received for a lime slaker system for the Jasper Street Water Purification Plant; and, WHEREAS , Chempac Systems of Kansas City, Missouri , is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Said bid of Chempac Systems, in the amount of $16,896.00, is hereby accepted and the City Manager is authorized to execute a contract for the lime slaker system. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris, and Boston Nays: None 112 Item 6e The bid. for a nuclear asphalt content gauge for Public Works was awarded to Troxler Electronic Laboratories , Inc . , in the amount of $7 , 000 . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 7a RESOLUTION NO. 54-83 RESOLUTION ACCEPTING THE INSTALLATION AND RELOCATION OF THE EMERGENCY WARNING SIRENS . WHEREAS, the City of Wichita Falls , as owner, and Browning Electric, Inc . , as contractor, entered into a contract, dated January 18, 1983, wherein said contractor agreed to install eleven new emergency warning sirens and relocate eighteen existing emergency warning sirens ; and, WHEREAS, installation and relocation has been completed in accordance with the plans; and, WHEREAS , the total contract price for such project is $31, 343 .00 , which is now due to the contractor . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The installation and relocation of emergency warning sirens is hereby accepted by the City of Wichita Falls , and the City Manager is directed to pay to the said contractor the amount due at this time as set out above . Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 8a Authority was granted to advertise for bids for the purchase of two Thunderbolt emergency warning sirens . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 9a Minutes of the meeting of the Plumbing Advisory Board held February 25, 1983 , were received . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None Item 9b Minutes of the meeting of the Park Board held March 3, 1983 , were received. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays: None 113 Item l0a Tax refunds were approved because of double payments in the amounts of $772 .11, $1,208 .59 (United Savings) , and $955 .40 . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None --------------------------- Item 4d The Wichita West Volunteer Fire Department requested waiver of ordinances to allow the consumption of beer at a public dance at the 4-H Barn on May 21, 1983 . Mr . Burrus and Mr . Shores appeared for the Fire Department. Alderman Wilson questioned the two men about this facility, and about their plans for security , He stated that he has some reservations about this type of thing when they don ' t have a cer- tain number of police officers on duty . Mr . Burrus stated that they have had fundraisers before . They don 't receive any outside funds . Mr . Shores asked how many officers are usually required? Alderman Wilson stated that he did not know, but he thought it was a rule of thumb for a certain number in these kind of instances . Mr . Shores stated that 500-600 people attend . Most of them are college age and over . Mayor Cook asked Chief Harrelson how many officers would be required for 500-600 people? Chief Harrelson stated it would be a minimum of two where alcoholic beverage is sold . He stated that they do not allow officers off duty to do this work . Mr . Shores stated that they might be able to get Doyle Davis to provide security. Alderman Wilson noted that his objection related to the security . ORDINANCE NO . 32-83 ORDINANCE WAIVING ORDINANCE NO . 2491, AS AMENDED, AND ARTICLE II OF THE CODE OF ORDINANCES TO ALLOW CONSUMPTION OF BEER AND TEMPORARY OPERATION OF A PUBLIC DANCE HALL AT WICHITA WEST VOLUNTEER FIRE DEPARTMENT'S FUND RAISING DANCE AT THE 4-H BARN ON MAY 21, 1983 . Moved by Alderman Hampton that Ordinance No . 32-83 be passed with the provision that at least two security personnel be on duty. Motion seconded by Alderman Shearman, and carried by the following vote . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None --------------------------- Item lla Robert Elmer and Larry Plumber, of Sunrise Mobile Home Park, appeared concerning charges for solid waste collection . They stated that they have 250 spaces, of which 115 are full right now. Mayor Cook stated that the City is only charging for 230 spaces at $5 .00 per space, for a total of $1 , 150 . The Mayor asked Mr . Elmer who he had talked to at the City? Mr . Elmer stated that it was Mr . Hodge . He has not talked to the City Manager . Mr . Elmer stated that they wanted to consolidate into a commercial rate . They want to haul all the trash to one central location for the dumpsters , so they do not have to drive through the park . i 114 Item lla, cont'd. Mayor Cook pointed out that there are 1, 242 trailer spaces and 5 ,642 apartments , and all of them are set up on the same basis of accounting. We have very little ability in our software to handle this . We will also have many other requests for this type of service . This is why he was wondering if he had talked to the City Manager . Mr . Elmer stated that he is paying $5 .00 per occupied space now; that the City Attorney had told him he could do this . Mr . Hodge did say he had discussed this problem with him. Acting City Manager Dane Bennett stated that the company now owes $17 , 000 to the City. He explained that he would have to add an inspector to the staff to go to apartment houses and trailer parks in the City every month . There is another problem of going to commercial rates in residential areas . He does not think a commercial rate is the answer . Alderman Wilson stated that we will either have to forgive these debts, and if we do, it would mean forgiving all others . Mr . Bennett stated that Sanitation is a self-supporting function and we have some real problems in making up that revenue. It would take fifty cents added to each residential bill to make up the loss of revenue . Mayor Cook noted that if his particular park is different from all others, it would have been appropriate to discuss it with the City Manager . He suggested that he discuss it with the City Manager. Alderman Wilson stated that it would be appropriate for us to look at our overall rate structure . There may be some cases where commercial rates would be justified . Mayor Cook stated that normally when $17 , 000 is in arrears , that service is denied . He suggested that Mr . Elmer discuss this with the City Manager before this happens . Mr . Bennett suggested that the Sanitation Superintendent be authorized to determine what is really needed in these areas, to make sure he is required to have the proper number of containers . ---------------------------------- Item 12a ORDINANCE NO . 33-83 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS . Moved by Alderman Shearman that Ordinance No . 33-83 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 Y A proposed ordinance appropriating $3, 700 for Farmers ' Market improvements was presented . 115 ORDINANCE NO. 34-83 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY . Moved by Alderman Morris that Ordinance No . 34-83 be passed . motion seconded by Alderman Russell . Pat Jones, 3104 Hamilton, appeared as Chairman of the Design Review Commission. She explained the planting material requirements , and irrigation system, a portion of which is already in place . They also desire to provide permanent seating in the market, as well as lighting for added security . She stated that it has much greater potential for use than has been utilized . It looks unfinished . She stated that additions to it attract private development. A great deal . of time and expenditure was used for this project. It is important to the City ' s image that public projects started by the City be completed to an accepted level to establish and enhance the leadership of the City. Nancy Sherrill, 2003 Avondale, appeared representing the Historical District. They urged completion of this project, and approval of this ordinance . She stated that it has a great deal of potential . Alderman Shearman asked how much money is invested in Farmers ' Market? Planning Director Roger McKinney stated that it cost $350 , 000 to $400 , 000 to purchase and build the property . Ed Barrett stated that they received $3 , 000 , $2, 500 , and $4 , 500 in revenue from the market in the past three years . Mayor Cook asked if these plans allow them a low mainten- ance and high use facility? Mr . Hursh stated that it did . Alderman Morris stated that he feels it is important to complete these projects . Alderman Hampton commented that the improvement around the Activities Center looks wonderful , and he heartily agrees with this plan , and proper maintenance of it . The motion was carried by the following vote . Ayes : Mayor Cook, Aldermen Hampton, Russell, Morris, and Boston Nays : Aldermen Shearman and Wilson ---------------------------- Item 12c A proposed ordinance was presented waiving ordinances con- cerning City enforcement of deed restrictions . ✓ ORDINANCE NO. 35-83 ORDINANCE WAIVING ORDINANCES CONCERNING CITY ENFORCEMENT OF DEED RESTRICTIONS FOR THE FOLLOWING PROPERTIES : LOTS 5 & 6 , BLOCK D, KEMP FAIR PARK ADDITION. Moved by Alderman Shearman that Ordinance No . 35-83 be passed. Motion seconded by Alderman Wilson. 116 Item 12c cont'd. Gus Arkaleian, 2505 Ruskin, stated that he has a lot of investments in this property . He has Lot 6 leased for parking . If this is sold, it will be hard on him. Mayor Cook stated that the question before the Council is waiving enforcement of deed restrictions on Lots 5 and 6 , j and not concerning the lease . David Dickenson appeared representing owners of property involved . All they are doing is requesting a waiver of deed restrictions on these two lots . They are just asking if they can use it as commercial property if it comes about. Alderman Hampton pointed out that the Council cannot waive deed restrictions . Alderman Wilson stated that he understood when this ordinance was passed, it was to protect property owners after the tornado who were rebuilding, and could not protect themselves . In his opinion, it is not the obligation of the taxpayers to pay for the legal fee for these landowners involved here . The motion was carried by the following vote . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris , and Boston Nays : None Item 12d A proposed ordinance was presented appropriating $70, 872 to complete the green reconstruction project at Weeks Park Golf Course . ORDINANCE NO. 36-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND EQUITY TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY . Moved by Alderman Shearman that Ordinance No . 36-83 be passed . Motion seconded by Alderman Boston . Alderman Hampton stated that what we are doing here is voting the other half of the funds , and some additional funds which have proved to be needed. It will take some additional funds to keep what we have done from eroding away . Alderman Morris noted that this is a revenue producing project that pays for itself. The motion was carried by the following vote: Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris, anCl Boston Nays: None --------------- Item 12e A proposed ordinance was presented waiving certain building setback requirements . ORDINANCE NO. 37-83 AN ORDINANCE WAIVING CERTAIN MINIMUM BUILDING SETBACK REQUIREMENTS ON A PROPOSED PLAT OF LOT 1, R.B . WILLIAMS SUBDIVISION, AN ADDITION TO THE CITY OF WICHITA FALLS , TEXAS . Moved by Alderman Morris that Ordinance No . 37-83 be passed . Motion seconded by Alderman Russell, and carried by the following vote . 117 Item 12e cont 'd . Ayes : Mayor Cook, Aldermen Hampton, Russell, Wilson, Morris , and Boston Nays : None (Alderman Shearman was out of the room) . ------------------------- Item 13a A proposed resolution was presented approving County-City Hospital Board Revenue Bonds . In order for the Hospital Board to issue Revenue Bonds, both the County and City must adopt resolutions approving this issuance . RESOLUTION NO . 55-83 RESOLUTION APPROVING WICHITA COUNTY-CITY OF WICHITA FALLS, TEXAS, HOSPITAL. BOARD HOSPITAL REVENUE BONDS (WICHITA GENERAL HOSPITAL PROJECT) , SERIES 1983, IN THE PRINCIPAL AMOUNT OF $17 ,600, 000 . WHEREAS, on March 11, 1983, the Wichita County-City of Wichita Falls , Texas, Hospital Board adopted a resolution authorizing the issuance of Wichita County-City of Wichita Falls , Hospital Board Hospital Revenue Bonds (Wichita General Hospital Project) , Series 1983, in the principal amount of $17 , 600 ,000 , which resolution is officially on file in the records of said Hospital Board; and, WHEREAS, pursuant to Section 8 of Article 4494i-1, Vernon' s Annotated Texas Statutes , the aforesaid Hospital Board is not authorized to deliver any bonds , unless the issuance thereof is approved by resolutions adopted by the Commissioners Court of Wichita County and the Board of Aldermen of the City of Wichita Falls , respectively. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: 1 . That the issuance of the bond's described in the pre- amble hereof is hereby approved by the Board of Aldermen of the City of Wichita Falls, Texas . 2 . That such bonds shall be issued and delivered as soon as practicable in accordance with the terms and provisions of the aforesaid resolution authorizing the issuance of such bonds adopted by said Hospital Board on March 11 , 1983 . Moved by Alderman Russell that Resolution No . 55-83 be passed . Motion seconded by Alderman Morris . Roger Lee, Attorney for the Hospital Board, explained that bonds will be sold wholly from the revenues of the hospital . The City is not pledging any revenue . The motion was carried by the following vote . Ayes : Mayor Cook, Aldermen Hampton, Russell , Wilson, Shearman, Morris , and Boston Nays : None Item 13b A proposed resolution was presented calling public hearings on annexation of certain property along Southwest Parkway. RESOLUTION NO. 56-83 RESOLUTION CALLING PUBLIC HEARINGS ON AN ANNEXATION PROCEED- ING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: 118 Item 13b cont'd . ti SECTION 1 . Public hearings shall be held on the 19th day of April , 1983 in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas at 8 : 30 a .m. and on the 25th day of April, 1983 at 6415 Southwest Parkqay (FM 369) , Wichita County, Texas at 11: 00 a .m. , at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings , annexing the following described land: A 6 . 67 acre tract of land located in Block 11, Denton County School Land, League 2, Wichita County, Texas, as shown on the attached map. SECTION 2 . The City Clerk is directed to give public notice of such hearings by publishing notices thereof one (1) time for each hearing in a newspaper having general circulation in the City and in the territory to be annexed not more than twenty (20) days nor less than ten (10) days prior to the meeting . Moved by Alderman Morris that Resolution No. 56-83 be passed. Motion seconded by Alderman Boston . Mayor Cook asked if City facilities are close to this area? Planning Director Roger McKinney stated that the developer will be required to put in all City streets, roads , and water lines . Fire service is also available . The cost of servicing the area will be less than the revenue it will bring in to the City. The motion was carried by the following vote . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays: None --------------------- Item 13c A proposed resolution was presented approving lease of property to Wichita Falls Independent School District for an addition to Huey School . RESOLUTION NO. 57-83 RESOLUTION APPROVING LEASE TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT OF 1 .13 ACRES , MORE OR LESS , OF SCOTLAND PARK FOR AN ADDITION TO HUEY SCHOOL. WHEREAS, it has become necessary for the Wichita Falls Indepen- dent School District to expand the size of Huey Elementary School by constructing a new addition thereto, and to provide additional off-street parking; because of the proximity of the school building to North Sixth Street, Central Freeway frontage street and Linwood Avenue, the only direction in which the school can be expanded is to the south on Scotland Park; and, WHEREAS, the only alternative to the School District would be to abandon plans to enlarge Huey School, and to move some of the children to some other school; and, WHEREAS, the School District needs and plans to take by lease , purchase or by the exercise of eminent domain such 1 .13 acres ; and, WHEREAS , the Board of Aldermen has held a public hearing at its regular meeting on January 18 , 1983 , as required by Article 5421q , Re- vised Civil Statutes of Texas, and notice to the public of the date and place of such public hearing was published in the Wichita Falls 119 Record News once a week for three consecutive weeks , the last publication being not less than one week or more than two weeks before the date of the public hearing; and, WHEREAS , at the conclusion of the public hearing, the Board of Aldermen adopted Resolution No . 16-83 , in which they deter- mined that there is no feasible and prudent alternative to the use or taking of such land as requested by the School District and such project includes all reasonable planning to minimize harm to such land as a park resulting from such use or taking; and, WHEREAS, it is found to be in the best interests of the citizens of Wichita Falls to lease such property to the School District, and it would be economically wasteful to require the School District to pursue its remedy of eminent domain. 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 Wichita Falls Independent School District, whereby the City leases to the School District, for school purposes, that certain 1 . 13 acres, more or less, out of Scotland Park, described in such lease, 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. 57-83 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 13d A proposed resolution was presented authorizing purchase of easements for installation of the landfill water line . RESOLUTION NO. 58-83 RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR WATER LINE TO SANITARY LANDFILL . WHEREAS, the City of Wichita Falls will construct a four- inch water line from the Wichita Valley Water Supply Corporation main in State Highway 258 to the new sanitary land- fill, which four-inch line will serve such landfill; and, WHEREAS, it is necessary to acquire easements for this water line from Bobby Joe Parker and Malcolm Karstetter, which easements will become the property of Wichita Valley Water Supply Corporation, as will the four-inch water line; and, WHEREAS, Mr . Parker will grant this easement if the City will pay for three memberships in such water supply corporation for him, plus installation fees, and Mr . Karstetter will grant such easement if the City will pay for one membership in such water supply corporation for him , plus installation fees; and, WHEREAS, each membership and installation fee is $565 .00 , so that four of them would equal $2 , 260 .00 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to purchase such easements , to be made to Wichita Valley Water Supply Corpora- tion, by paying to the water supply corporation such member- ship and installation fees in the sum of $2, 260 .00 . 120 Item 13d cont'd . Moved by Alderman Boston that Resolution No . 58-83 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 13e A proposed resolution was presented authorizing the City Manager to execute an amended architectural contract on Fire Station No . 9 . RESOLUTION NO. 59-83 RESOLUTION AUTHORIZING AGREEMENT WITH HARPER PERKINS ARCHITECTS TO WITHDRAW FROM AGREEMENT WITH CITY DATED AUGUST 25, 1982 FOR ARCHITECTRUAL SERVICES CONCERNING FIRE STATION NO. 9, AND APPROVING AGRE= WITH BUNDY, YOUNG, & SIMS TO TAKE AN ASSIGNMENT FROM HARPER PERKINS TO COMPLETE SUCH ARCHITECTURAL SERVICES. WHEREAS, the City and Harper Perkins Architects entered into an agreement dated August 25 , 1982, whereby such architect would perform architectural services relating to Fire Station No . 9 ; and, WHEREAS, such architects have requested an agreement with the City to terminate this contract, for the reason that Mr . Charles Harper is running for election to the Board of Aldermen; and, WHEREAS , the Board of Aldermen deem it to be in the public interest to agree with Harper Perkins Architects that they with- draw from such contract, and it is deemed advisable to make an agreement with Bundy, Young & Sims to take over by assignment this architectural contract, to be completed by them. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT i Such agreements are hereby approved, and the City Manager is authorized to execute proper agreements approved by the City Attorney, with Harper Perkins Architects, allowing them to withdraw from such contract, and paying them for the services which have been performed to the time of their withdrawal and with Bundy, Young & Sims, authorizing them to take an assignment of such contract, which will provide for payment to them of the balance of the fees payable to the architects under such original contract. Moved by Alderman Russell that Resolution No . 59-83 be passed . Motion seconded by Alderman Hampton, and carried by the following vote . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays: None Dane Bennett stated that bids for this fire station will be on the next agenda . ------------------------. 121 Item 14a The bid for an annual supply of batteries was recommended to be awarded to A to Z Tire and Battery in the amount of $16 , 517 .18 . Moved by Alderman Hampton that the bid be awarded, as recommended . Motion seconded by Alderman Boston . Ed Barrett provided a warranty explanation to Alderman Wilson . The motion was carried unanimously . ------------------------- Item 14b A proposed resolution was presented awarding the bid for the Central Services Complex in the amount of $4 , 060 , 100 . RESOLUTION NO . 60-83 RESOLUTION AWARDING BID FOR CONSTRUCTION OF A CENTRAL SERVICES COMPLEX AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH C .I . OF TEXAS FOR CONSTRUCTION. WHEREAS, the voters of the City of Wichita Falls have authorized the sale of $2 .5 million in general obligation bonds for the purpose of constructing a central 'servies complex; and, WHEREAS, requests for bids on this project were advertised on January 7 , 1983, and accepted through February 17 , 1983, at which time bids were publicly opened and read; and, WHEREAS, the Board of Aldermen desires to award the base bid and alternates number 3, 5 , 6 , 7 , 8 , 9 , 10, 12b, 13 , 14, 15, and 16 ; and, WHEREAS, C .I . of Texas is the low bidder meeting specifi- cations and has shown a good faith effort to meet the goals established by the City ' s minority business enterprise program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The bid for construction of the central services complex is awarded to C .I . of Texas in the amount of $4 , 060 , 100 , conditioned upon the agreement of contractor not to incur costs over and above the amount which has been approved for funding by the Urban Mass Transportation Administration, United States Depart- ment of Transportation, pending approval of a revised project budget which conforms to this award . Further, the City Manager is authorized to sign a contract with C .I . of Texas in accordance with this resolution . Moved by Alderman Morris that Resolution No . 60-83 be passed. Motioned seconded by Alderman Hampton, and carried by the following vote . Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None 122 Item 14b cont 'd . Various appropriation ordinances were also presented to provide additional funding . ORDINANCE NO. 38-83 ORDINANCE MAKING AN APPROPRIATION FROM BOND FUND EQUITY TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No . 38-83 be passed . i Motion seconded by Alderman Morris, and carried by the following vote . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris , and Boston Nays: None / ORDINANCE NO. 39-83 ORDINANCE MAKING AN APPROPRIATION FROM THE BOND FUND EQUITY TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Boston that Ordinance No . 39-83 be passed . Motion seconded by Alderman Shearman, and carried by the following vote . Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris, and Boston Nays : None ORDINANCE NO. 40-83 ORDINANCE MAKING AN APPROPRIATION FROM BOND FUND EQUITY TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No . 40-83 be passed . Motion seconded by Alderman Shearman, and carried by the following vote . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None ORDINANCE NO. 41-83 ORDINANCE MAKING AN APPROPRIATION FROM REVENUE SHARING EQUITY TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. r Moved by Alderman Russell that Ordinance No . 41-83 be passed . Motion seconded by Alderman Shearman, and carried by the following vote . Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays : None ORDINANCE NO. 42-83 v ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. 123 Item 14b cont 'd . Moved by Alderman Russell that Ordinance No. 42-83 be passed. Motion seconded by Alderman Boston, and carried by the following vote . Ayes : Mayor Cook, Aldermen Hampton, Russell, Wilson, Morris, and Boston Nays : Alderman Shearman ------------------------- Item 15a Permission was requested to advertise for bids for land- scape improvements at the Farmers ' Market. Moved by Alderman Morris that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Hampton, and carried ' by the following vote . Ayes: Mayor Cook, Aldermen Hampton, Russell, Morris , and Boston Nays : Aldermen Shearman and Wilson -------------------------- Item 16b A report was made on the investigation of complaints concerning Lone Star Gas Company . Mayor Cook stated that they have received a response from Mr . Liles concerning allegations made at the last meeting . David Liles, Lone Star Gas Company, stated that Lone Star Gas Company has taken these allegations with the utmost concern . They do not feel there is any validity to any of these alle- gations . The only thing not covered in the report is the meter operation, the testing, and the accuracy of the meters . If the Council would like, he would ask Mr . Graham, from Dallas , to address any questions they may have . Mayor Cook stated that they will pull various meters in the City to check their accuracy. The staff will do this under the cooperation of Lone Star for verification . Mr. Liles stated that they would cooperate in any way they can. They would just like to know that the company who checks them will do so in an acceptable manner for testing. Acting City Manager Dane Bennett stated that they have not selected the company to do this , but in time they will take custody of these meters and retain control of them until such time as they are returned to the City. Alderman Boston asked if he had any idea of the expenditure of it, and Mr . Bennett stated that they did not know at this time . There might be a question of turning the cost back to Lone Star . Leonard Keen, Frank Townsend, and Doug Lincoln appeared . Mr . Keen stated that he wonders why Lone Star Gas wants it governed their way . They always want it their way . Earl Allred stated that since he told about this meter, they have been out there three times working on these meters . If the City is going to do something, they will have to do something fast because Lone Star is out there working on them. He stated that they have organized a committee, and they are watching what is going on . r 124 Item 16b cont'd . Alderman Wilson stated that he is disturbed that we use this council meeting for unverified allegations . He stated that he is not happy with the gas bill that he gets , but when he makes un- founded charges , he finds it unacceptable . He requested that facts be presented . Mr . Keen stated that several people have been having the same problems that he has . Every time a meter is changed, the bills get higher . Mr . Keen presented a letter from a citizen on her bill . He stated that his own bill was $99 . 00 , and that is too high for a bill when only a hot water heater was used . Mayor Cook stated that they will quickly select meters at random to be checked. They will secure a. firm selected by the City to verify these matters . He noted that new water meters register more than old worn out meters . Gas meters may be the same . Frank Townsend discussed the energy assistance payment program. He stated that he got behind in his bills, and was unable to pay them. He applied for this assistance, but was told there was no money . It was gone within a week . The program is administered by someone in Dallas . Also, it came out in the paper that there would be a refund on his bill, but he did not see a credit on it. i He also asked why the consumer must pay for the mistakes of contractual judgments . Mayor Cook stated that Senator Farabee is Chairman of the commission that is hearing Lone Star Gas matters . Doug Lincoln gave consumption figures for the past four years . After he had a fireplace installed, his gas bill went up . He stated that his meter was changed in 1978 or 1979 , but Lone Star Gas had no record of it . He stated that gasoline pumps can be checked if they are wrong . He would like to know about purchase of gas from natural producers . If they make an error in management, it is reflected in the bills . City Attorney H . P. Hodge stated that GCA is the increase in the cost of gas . If the cost of gas remained the same, there would not be any GCA on your bill . GCA is just a small part of the expense the gas company has incurred in servicing him with gas . He stated that Mr . Keen did not deduct all of the expenses of Lone Star Gas to determine the profit . Alderman Hampton stated that gas rates are now as high as $8 .00 per mcf . Mayor Cook noted that you will see the price of gas coming down this year, but he does not know how much. Joe Nall recommended a gas cost adjustment which the Council approved . Doug Lincoln stated. that he has always had to take the word of Lone Star Gas . Mayor Cook explained that we will go to someone with expertise other than us or the utility company . He stated that we are concerned . We are not simply passing this off, but we are still looking at it . The City will be using a third party analysis to make this determination . Mr . Keen stated that he wonders why Lone Star Gas makes so many mistakes? Alderman Wilson commented that we should approach it on the right basis , and seek a third independent party that can verify these things . He supports this . What he does not support is using the utility company as a whipping post . Let 's deal in facts , and notinnuendos, and _let ' s not get emotional about it . Mr. Keen stated that he had not been threatened in the past two weeks . He wonders when he will hear something else about it . Mayor Cook stated that they will begin pulling out meters in a week or so, but they would be kept informed and also it would be publicly noted. 125 Item 16b cont'd . City Attorney H .P . Hodge mentioned that the complaint of a magnet or something running up a meter has not been addressed . Melvin Graham, from Dallas , stated that the hands on the index are bradded on, and permanently mounted . The only way you can take them off is with pliers , etc . A magnet will not attract brass or plastic . Alderman Shearman asked about the accuracy of that type of meter . He stated that it would be about one-half percent slow from two to five years, or up to eighteen years service . The criteria for changing meters is that they run plus or minus three percent . --------------------------- Item 16c A request was presented by the owners of the Radio Building to construct parking garage above public parking lot and park, and encroachment on street-right-of-way . ORDINANCE NO. 43-83 ORDINANCE GRANTING AUTHORITY TO AMERICAN DEVELOPMENT COMPANY TO CONVERT A PART OF THE PARK ON BLOCK 182, ORIGINAL TOWNSITE, TO ENLARGE THE PARKING LOT ADJOINING IT, TO CONSTRUCT A SECOND STORY PARKING LEAF ABOVE THE PRESENT PARKING LOT IN SUCH BLOCK, TO CONSTRUCT A CROSSWALK OVER THE ALLEY CONNECTING THE RADIO BUILDING AND THE NEW SECOND STORY PARKING LEAF, AND TO CONSTRUCT THE SUPPORTING COLUMNS OF SUCH PARKING LEAF IN OHIO STREET RIGHT-OF-WAY . Moved by Alderman Morris that Ordinance No . 43-83 be passed . Motion seconded by Alderman Shearman, for the purpose of discussion . Alderman Shearman asked how they would enter and exit from this parking lot? Jim Killebrew, Architect, stated that they propose to provide an elevated leaf above that park . The up and down ramp is not in, but adjacent to the alley . Alderman Shearman was concerned about getting big fire trucks in the alley . It was noted that it will not be changed from what it is now. The ramp will be 16 feet in the air, with a total of 240 parking spaces . There will be 120 spaces on the lower level . This facility will enhance the area . The historical value of the building would be restored . They are requesting air rights for a crossover . It will restore the park and add parking. Alderman Morris stated that he is extremely happy to see private investment in that area . He asked if we can pass the ordinance with the stipulations (amendments)that they agree to maintain the park with assistance from the Park Department, agreement to restore the facade to its original state, and work with the Design Review Commission? Alderman Hampton asked if everything in existence will be moved to the East? Mr . Killebrew stated that it would be . There will be no public parking spaces on the second level . It will be used for office parking for office leaseholders . The first floor will be for public parking . Mr . Killibrew stated that public parking above for nighttime activities has not been addressed, but he does not see any problem with it . The City Attorney explained that what the City is doing is letting them have some air rights for an indefinite time and it must have some value, but that is what we are doing . Alderman Wilson asked about air rights above the second floor? The City Attorney stated that he was not sure, but we migh-'C make that clear . 126 Item 16c, cont'd . The City Manager stated that copies of the plans for this building were sent around to the staff . That is the reason the Council did not receive them. They did have some concerns about traffic coming through the winding street on the south . They would also want a trade-off on the parking for late night activities . Fire Chief Jameson stated that they can get a fire truck in that alley from Tenth, as long as they don't take up any of it . Johnny Watson owns a 2800 square foot building backing up to the alley. He is in full accord when they don't take anything out of the alley . It is extremely difficult to negotiate on Tenth . Pat Jones commented that if the owners requested an extension of the historical district in this area, it would qualify them for an investment tax credit, and an extension of the design review ordinance to extend it into that area . City Attorney H . P. Hodge mentioned a case of a downtown park in San Antonio . The developer leased sub-surface rights . Courts have held that this lease was invalid because it was taking up part of the park . He stated that this pars has never been expressly designated as a park . If somebody later should come in and sue the City, changing the use of this land for something other than a park without a vote of the people, we might either win or lose it . He does not think this is the same thing as the San Antonio case . The motion with amendments was carried by the following vote . Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell, Wilson, Morris and Boston Nays: None -------------------------- Item 16a David Tate, Attorney, appeared representing the Staley Group and the Christian Science Church. He stated that the proposed development of Town Oaks in Country Club Estates is located across the street from the Woman ' s Forum, Fain Memorial Presbyterian Church, the Pavillion, and a service station. There are also four residences behind it . It was originally specified over 50 years ago to be used for church purposes only. The property has never been used for church purposes . There is nothing that we know ofin the foreseeable future to be used for church purposes . Carr Staley and Bob Stephens , builder, want to change the restrictions presently on this property for church use only to a development similar to the Waverly project. He feels like the restrictions proposed would be such that it would insure that the property be utilized only for a first-class project. It would be for single family residential purposes only . There would also be a height restriction to two stories . At least 2500 square feet of living space would be required in the units . There would be a minimum cost of $250 , 000 for land and construction . An architectural control committee would be set up to approve plans for each and every residence constructed on the property . This project has been patterned after Carruth Place project in Dallas . Mr . Tate stated that they filed a friendly class-action lawsuit in this case, and made the City a part of it . They have had several meetings with city staff people who would be involved . Many suggestions and recommendation were made and incorporated into their plans . The density problem was mentioned by the Planning Board . Waverly is almost 50 percent more dense than this one proposed. He stated that they have a private street plan . So does Waverly . This will be at no cost to the City . The Homeowners Association will be maintaining the street rather than 127 Item 16a , cont'd. the City. Easements are there for utilities . Mr. Tate stated that they got the impression that they addressed every concern they had that was of any substance . They will have a minimum of ten feet between their properties . City Attorney H . P. Hodge stated that the way it appeared to him was that it might be good for the City, and for the Country Club Estates . It would be a difficult project to put together . He would have to have the Council decide and tell him how to handle this case . He wanted input from the Planning Board and also the Council, on what stance to take in this lawsuit . We could possibly stop this in court if that is the way they want to handle it . David Tate stated that this is a piece of property that has not ever been developed . They will have nine units . He stated that the City could give some kind of notice to property owners if they wanted to voice their objections in Court . If anyone has objections, they will have the opportunity to come to Court and speak to them. Alderman Hampton stated that the Planning Board discussed this at great length, and agreed that if the project is done correctly, it would serve a good purpose. Their greatest objection would be bypassing the normal city function of the Planning Board, and setting a precedent . There is a whole list of violations to City ordinances , and they have turned plats down before, with only one or two of them. Roger McKinney, Director of Planning, stated that in many of these ordinances it would require waiver by the Board of Aldermen. Utilities was concerned about installation and maintenance of water and sewer lines after they have been dedicated to the City. There was also a stipulation for the collection of refuse . Mayor Cook noted that we have two positions for the City Attorney to take . One would be an aggressive position to enforce the restrictions and force it back through normal channels . The second would be to take a less aggressive po- sition to work with the developer and Planning Board . Alderman Hampton asked Mr . Tate if he could work with the City further to get some of these objections worked out? Mr . Tate stated that they have tried to work with the City . He does not know if they could work it out with the City or not . Alderman Hampton stated that no one on the Planning Board wanted to kill the project, but they were concerned about being bypassed . Mayor Cook asked if the Planning Board would be involved? Mr . Tate stated that if it clears the lawsuit, it clears the project. Alderman Wilson suggested that it be continued on a friendly basis . Roger McKinney was concerned about the site plan and encroachment of the building setback . Mr . Tate stated that they have no problems about the site plan . The Board of Aldermen instructed the City Attorney to proceed with the lawsuit on a friendly basis . -------------------------- Item 16d A recommendation to the Army Corps of Engineers was pre- sented forconsideration concerning the spillway elevation at Lake Wichita . 128 Items d 61-83 RESOLUTION NO• S . ARMY CORPS OF TO THE U . ELEVATION AT RESOLUTION RECOTHENSPILLWAY CREST ING THAT 76 FEET . ENGINEERS ESTABLISHED AT 9 Study, LAKE WICHITA BE E Lake Level of an Alternate native f Engineers , was the re U.S . Army Corp Falls Flood WHEREAS, the Wichita which was performed by meeting by considered at a public Force; and, b many members Control Task attended Y re_ public meeting was e Shore properties , other WHEREAS, this P owners of Lake City , and many including the mayor of Lakeside of the -public, eside City, sidents of L arties; and, Of the study was made by a interested P opportunity to a resentatEngineers , the WHERE after Pores of embers of the audience, offered to m the may of Lakeside speak entatithe matter was including speak about those present, and several °and, spoke; members City, ter the study was discussed by was made WHEREAS , therel Task Forcer after which a motion be made Control that the recommendation crest of the Flood Task Force that the sPillwafeet as and carried by such of Aldermen Falls Board elevation 976 Wichita be retained u to the Wichita Survey Report . elevation at Lake W Engineers S ended in the Corps of OF ALDERMEN recomm THE BOARD THEREFORE, BE IT RESOLVED By NOW, FALLS , TEXAS , b the OF THE CITY OF WICHITA bevel Study Y Lake by the Wichita Lderithe Alternative made determines After cons'nrs , and the recommendation Aldermen Engineers , Force , the Board of A should be Corps °f Control Task at Lake Wichita Engineers Falls Flood crest elevation the Corps of the spillway recommended in the corps of Engineers that 76 feet as ended to 76 feet . retained at 9 and it is recommended established at 9 Survey Report, crest elevation be assec uch spillway 61-83 be p that s that Resolution No . Moved by Alderman Hampton Alderman Morris . Motion seconded by fill coming in Alderman to the that with the He feels this Shearman noted be no lake, by the y lake . ear 20hould 80 there would think about . is something We s the following vote . The motion was carried by Wilson, Mayor Cook, Alderm Ayes : en Hampton, Russell , Morris, and Boston Nays: Alderman Shearman Items e an article concerning Plumlee ort. He wonders how h Duke distributed in Shrevep they would hF Randolp a new contract subsidy and seeking without subsidy Ambulance°operate in Louisiana also oP ' they can P oney here if he and the only to have more m e had also had calls ► the town - Mayor h the size of Mayor Cook stated because of thing he could think of was 129 Item 16e cont 'd , Mr . Duke state ago, and d that he turned that the every day he in his a last is still losin application three percenta Contract negoitat ' g mone months ge subsidy with Y• May Cook stated ion Plumlee was higher rate of colleCtOonemergency transfers generalln rate Actin Y have a membershi g City Manager Dane for P service in Bennett stated expansion of some souisiana, and that apparently has potential Sam Francis 1006 paring an alley at Tab Austin, appeared regarding would He stated that and Jones Street, grading like the council he could not getNorth of Kell B and He also stated l to investigateOf done °ule- are doingthat he understands see what is go, he work outside the y• some g on . Cit of these Acting Cit engineers to Mr , Francis y Manager Dane Problems • about two weeks stated state d He would to ago, but e that he had talked hear what about the other issUe . Mr there h were more pressin Francis as to say Items 16f & g The Board Board session of Aldermen Pursuant recessed Statutes , to Article 6252_17 at 12: 15 P.M. Paragraph (q) for of an executive The meetingthe Revised Civil resumed at 1: 40 p.m. the Moved by Alderman Mechanical Hampton that Code Board of the following be Adjustments and Appeals . aPPointed to a, Leo C. Lane b , John Ferguson March 15, 1983 C . Lewis H• guson - March December 31 Rorabaugh 15, 1983 - December 311983 ' . David Potter - March 15, 1983 - Dec983 . e • James L, S - March 15, 1983 Cember f• Marilynigar March - December 31 31� 1984 , yn Sue Gamble 15� 1983 - Dece 1984 . March 15, 1983 December 31, 1985 . Motion seconded b - December 31 Y Alderman Wilson , 1985 . Moved b , and carried unanimously.e Motor y Alderman Hampton Vehicle Salvagethat the following be Yard Commission. appointed to a. Coolidge Threadgill March 15, 1983 _ - City/Count b . Daniel Glass March 15, 1984 .Y Health (permanent) March 15, 1983 City/County Health March 15, 1984 . (alternate) Motion seconded by Alderman Shearman Moved by Alderman and carried unanimously. Mayor's Task Force Hampton that the following be for Revitalizat ' a, ion/Historic appointed to Pat Jones, Chairman Resources . b• Gayla Morris, Design Review Commission c• Charles Vice-Chairman DesignReview C. Dunlap, President Review Co ✓ Joe Prothro, President B Midtown Now Commission e • Howard Board of Morris, Board of Commerce f• Nancy Sherrill, Aldermen and Industry g• Vernade President Wicm ne Huckaby, preside hita County Heritage Society President Wichita Society h • -Elect Count Y Boyd, President D Y Heritage 1 • Mike Marks Down l • Joe Mike Popular Furniture Association • Elizabeth John • John Prothro Gavin, First Wichita National Bank 130 Items 16f & g, cont 'd. i Motion seconded by Alderman Boston, and carried unanimously . ------------------------------ The Board of Aldermen adjourned at 1: 45 P.M. PASSED AND APPROVED this day of 1983 . la's laor D ook, ATTEST: Wilma J. Thomas, City Clerk 4-��a CITY OF WICHITA FALLS PARKS AND RECREATION DEPARTMENT CONTRACT FOR SOCCER OFFICIATING SERVICES This agreement made and entered into by and between the City of Wichita Falls, a municipal corporation of the County of Wichita, State of Texas, hereinafter referred to as the City, and the Wichita County Soccer Referees Association, hereinafter called Association, WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: 1. Association shall furnish officials for soccer games if: the City leagues according to schedules prepared by the City' s Recreation Division during the term of this contract. 2. City shall pay to Association $10.00 per referee and $4.00 per linesman per game for services rendered during league and play-off games. 3. The City shall pay the Association on a bi-weekly basis upon submission of statements to the Parks and Recreation Department for services rendered. 4. Association game official may receive verbal notification of game changes and forfeits prior to game time from the Athletic Coordinator, the Recreation Superintendent, or the Athletic Information Recorder (322-5933) of the Parks and Recreation Department. Game officials will not receive pay for forfeited games when prior notification has been made. 5. Association shall enforce all rules of the Parks and Recreation Department and the Texas Amateur Athletic Federation for league play and the rules con- tained in the current rule books for the sport being officiated. 6. This agreement shall be effective for a period of one (1) year from March 15, 1983 to March 15, 1984. In testimony whereof the parties hereto have caused these presents to be executed as of the day and year first out above. DATED AND SIGNED this the day of , 19 CITY OF WICHITA FALLS WICHITA COUNTY SOCCER REFEREES ASSOCIATION BY: BY: ATTEST: Address CITY CLERK City State Zip APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY CITY OF WICHITA FALLS PARKS AND RECREATION DEPARTMENT CONTRACT FOR OFFICIATING SERVICES This agreement made and entered into by and between the City of Wichita Falls, a municipal corporation of the County of Wichita, State of Texas, hereinafter referred to as the City, and the North Central Texas Umpires Association, hereinafter called Association, WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1. Association shall furnish officials and scorekeepers for basketball, softball, baseball, and flag football games in the City's leagues according to schedules prepared by the City's Recreation Division during the term of this contract. 2. City shall pay to Association for such services the following fees: BASKETBALL $12.00 per official per game in all leagues and playoffs. $ 6.00 per game for timer/scorekeeper in all leagues at Barwise Gymnasium. $ 4.00 per game for scorekeeping in all league games at Reagan and Kirby Gymnasiums. SOFTBALL (Summer & Fall) $ 9.00 per official per game in all leagues, playoffs, tournaments, and regional playoffs. per game for scorekeeping in all leagues, playoffs, and tournaments. BASEBALL (Connie Mack & Mickey Mantle) $12.00 per official per game. $ 4.00 per game for scorekeeping. FLAG FOOTBALL $10.00 per official per game. $15.00 per official per game in regional playoffs. 3. The City shall pay the Association on a bi-weekly basis upon submission of statements to the Parks and Recreation Department for services rendered the previous two weeks. 4. Association game official may receive verbal notification of game changes and forfeits prior to game time from the Athletic Coordinator, the Recreation Superintendent, the official scorekeeper, or the Athletic Information Recorder (322-5933) of the Parks and Recreation Department. Game officials will not receive pay for forfeited games when prior notification has been made. 5. Association shall enforce all rules of the Parks and Recreation Department and the Texas Amateur Athletic Federation for league play and the rules contained in the current rule books for the sport being officiated. 6. This agreement shall be effective for a period of one (1) year from March 15, 1983 to March 15, 1984. In testimony whereof the parties hereto have caused these presents to be executed as of the day and year first set out above. DATED AND SIGNED this the day of , 19 CITY OF WICHITA FALLS NORTH CENTRAL TEXAS UMPIRES ASSOCIATION BY: BY: ATTEST: Address City State Zip CITY CLERK APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY AGRED1ENT FOR ENGINEERING SERVICES THIS AGRED,1ENT made this the day of 1983, by and between the City of Wichita Falls, Texas, hereinafter called the OWNER and Corlett, Probst & Boyd, Inc. , hereinafter called the ENGINEER: WHEREAS the OWNER intends to construct Sewer System Improvements along U.S. Hwy. No. 277 between FM 369 and the City Limits and Water System Improvements on Kell Freeway between the Cypress Water Treatment Plant and Allendale Road: NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the ENGINEER shall furnish engineering services to include the following: (1) He will conduct preliminary investigations, including general studies of the subsurface conditions and routing; (2) He will prepare preliminary plans and an estimate of the cost; (3) He will conduct the necessary design surveys, metes and bounds surveys for legal description of required rights-of-way, and prepare detailed plans, after approval of Preliminary Plans by the OWNER; (4) He will prepare contract documents which will include a construction contract, advertisement for bids, a general contract, notice of award, payment and performance bonds and specifications; (5) He will provide the necessary copies of the detailed plans and specifications and the construction contracts for the use of the OWNER, bidders and contractors; (6) He will assist the OWNER, when requested, in negotiating for property easements or rights-of-way required to construct the facility, and he will assist the OWNER's attorney in procuring titles, rights and authorizations; (7) He will arrange for, attend and conduct the bid openings and tabulate the bid proposal with recommendations and summaries to t hl=� OWNER; (8) He will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. He will not, however, guarantee the performance by any contractor; (9) He will provide general engineering inspection of the work of the contractors as construction progresses. Detailed construction inspection and supervision will not be furnished; (10) He will prepare estimates for progress and final payments; (11) He will supervise adequate tests to confirm compliance with system operating requirements and conformance with plans and specifications and make a final inspection of all construction and equipment and issue certification of final inspection to the OWNER; (12) He will provide the OWNER with (1) set of reproducible "as built" plans and (2) sets of prints on paper at no cost to the OWNER; (13) He will notify appropriate persons of the date and time of final inspection. Page 3 of 6 Pages Agenda Item No. The OWNER agrees to pay the ENGINEER as compensation for his services rendered a fee based on the total of all construction contracts and the percentage arrived at by using Curve A on the attachment taken from the Texas Society of Professional Engineers General Engineering Services Publication. Percentages for compensation shall be based on construction costs, payable as follows: 1. 80a of the total compensation upon awarding of the construction contracts. 2. 20o upon completion of the construction contracts and acceptance by the OWNER. Total compensation for Engineer's services shall not exceed $22,300.00. IN WITNESS WHEREOF, the parties hereby have affixed their hands this day of 1983. ATTEST: OWNER: The City of Wichita Falls, Texas By: Wilma J. Thomas, City Clerk Dane J. Bennett, Acting City Manager ATTEST: ENGINEER: Corlett, Probst & Boyd, Inc. L By; 2,4 Richard K. Boyd, Sec etary A. E. Probst, Jr. , ice-President Page 4 of 6 Pages Agenda Item No. r ir BASIC CHARGE—PERCENT_ p J6 . 05 V W/ tl O r N W A 3 m v c �' co n N O O O coaj ^ O S C O C7 A .+ a -� A O (D W y •-► d c') A ON! C n 'O CD CD O CD O _ QQ CL O O Z 0 rn a O nO 0 cD 3 0 to .W+ CCD Qtl =1 co 0 .3. 7S'o Qnp C7 0 ".t o O - CL 7 to tr E O 'a Q .-. M S 3 Z !3A G O_ O ff 0 -Ot Q .W-► C lD O 7S' tJ1 W1 67 O 0 3 0 CD tu p N N O � W1 .s N N =o? O CD go m . coco cr N .a to - u' " 0 3 '�° Wu 3• o m N �- O ((D r - 3; C (D (n fD A 3 v N v CD co X 3 O CLCD S • tu O C O O �t 0 - 3 � C aim ( v7 Q D =r• : < FF O 'v m r CL -n n �•o Wi O Wi r- m n !'� H a• c o o- a, CD o m =co c W. O It I -per �CL CD '� m a. NW, Ns0o o. o 0 o CD C m ? 3 f N S n.D o cD m H m 3 c N A 41 O Ql _ • " -aH f9 C d O O C_ oW G7 0 D_ m C n C O Q c�D fD _ co O coO. .� O n (A cOi S -.. — 07 H fn t7' n N O (9 '< O r ov W, 3 0 8 ONb V S3Aan3 uo-p-usuoduzoo u-eTPOW Jo SOAaTIO Page 5 of 6 Pages Agenda Item No. - e Curve A is intended to apply to assignments of which the following are typical examples: -Water, sewage and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo- ' metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter Sanitary sewage collection lines under 24-inch diameter -Pumping stations , Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains . Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over ' Simple bridges and other structures of straightforward or conven- tional design Dams of average complexity Airport paving and grading Irrigation works, except pumping plants Railways Levees and flood walls, conventional - Sewer and water tunnels(free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High-cost wharf facilities of conventional design Retaining walls and bulkheads,conventional • _ Page - 6 of 6 Pagds Agenda Item No. LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT This lease agreement, made and entered into this the 15th day of March, 1983 , by and between the City of Wichita Falls, Texas ("City") and the Wichita Falls Independent School District ( "District") , WITNESSETH: WHEREAS, by Resolution No. 57-83 , dated March 15 , 1983 , the Board of Aldermen of the City of Wichita Falls approved this lease, and authorized the City Manager to execute the same . NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : 1. City does hereby lease unto District that certain tract of land containing 1. 13 acres, more or less, which is described on Exhibit "A" , attached hereto and incorporated herein. 2 . This lease shall have a term of 99 years, beginning march 15, 1983 . 3 . District shall pay to City as rental for this lease the sum of $1. 00 per year, payable annually in advance. 4 . This property shall be used by District for school purposes only, and for school-related purposes generally recognized in the use of school buildings . 5. Upon expiration of this lease or upon earlier termination by agreement of the parties, District shall have the right to remove from the land within a reasonable time any and all improvements by it placed thereon. 6 . District shall not assign nor sublease said premises or any part thereof without the written consent of City first having been had and obtained. 7 . District shall indemnify and hold harmless City from all claims for damages arising out of the use of said land. LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT; Page 1 . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers as of the day and year first set out above. CITY OF WICHITA FALLS , TEXAS By: Dane J. Bennett, Acting City Manager ATTEST: City Clerk WICHITA FALLS INDEPENDENT SCHOOL DISTRICT By: Donald H. Wills, President, Board of Trustees ATTEST: Secretary STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Dane J. Bennett, Acting City Manager for the City of Wichita Falls, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Wichita Falls, a municipal corporation, and said instrument was executed as the act of the said City of Wichita Falls, a municipal corporation, for the purposes and consideration therein expressed and in the capacity therein stated. LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT; Page 2 . GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of March, 1983 . Notary Public in and for Wichita County, Texas STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Donald H. Wills, President of the Board of Trustees, Wichita Falls Independent School District, Wichita County, Texas, known to me to be the person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that the same was the act of the said Wichita Falls Independent School District and said instrument was executed as the act of the said Wichita Falls Independent School District for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of March, 1983 . Notary Public in and for Wichita County, Texas LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT; Page 3 . EXHIBIT "A" A tract of land being more commonly known as Lots 18 through 24 , Scotland Addition, an addition to the City of Wichita Falls, Wichita County, Texas, said tract being more specifically described by metes and bounds as follows: Beginning at a point which bears East 14 . 10 feet and South 180 . 00 feet from the Northeast corner of Lot 1, of said Block 21, Scotland Addition, said point being an X on top of curb of Linwood Avenue, said point being the Northeast corner and place of beginning of this description; Thence along the back of curb of said Linwood Avenue, South 00' 11 ' East 90 .73 feet to a point of curvature; Thence continuing along said back of curb of Linwood Avenue and along a 12 . 022 degree curve to the right, having a radius of 476 . 57 feet and a central angle of 05' 55' 59. 4", a total distance of 49.35 feet to an iron rod for the Southeast corner of this tract; Thence leaving said back of curb of Linwood Avenue, West, passing the Southeast corner of said Lot 24 , at 12 . 01 feet, a total distance of 337 . 71 feet to 1/2" iron road lying in the East right- of-way Iine of Central Freeway, said 1/2" iron rod being the South- west corner of this tract; Thence along said East right-of-way line of Central Freeway, North 90' 51 ' West 142 . 09 feet to a 2" iron pipe lying in the South line of a 20 foot alley, said 2" iron pipe being the Northwest corner of said Lot 18 , Block 21, and the Northwest corner of this tract; Thence along said South line of a 20 foot alley, and along the North line of said Lots 18 through 24 , Block 21, East, passing a 2" iron pipe for the Northeast corner of said Lot 24 , Block 21, at 350 .00 feet, a total distance of 364 .10 feet to the place of beginning and containing 1 .13 acres, more or less.