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Min 05/17/1983 181 Wichita Falls, Texas Memorial Auditorium Building May 17, 1981, I ter!s 1 & 2 The City Council of the City of Wichita Falls, Texas, met in re��ular session on the above date in the Council Room of the Memorial Auditorium Building at 7:30 o'clock P.M. , with the followinn mE:mbers present. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Howard M. Morris Horace 0. Boston 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 Lloyd Lawley, Highland Church of God. Item 3 Moved by Councilman Thomas that minutes of the meeting held May 3, 1983, be passed. Motion seconded by Councilman Morris, and carried unanimously. Moved by Councilman Thomas that minutes of the meeting held May 9, 1983, be passed. Motion seconded by Councilman Boston, and carried unanimously. Items 4a - 8c Moved by Councilman Wilson that Items 4a-8c on the consent agenda be approved. Motion seconded by Councilman Morris. Item 4a A proposed annexation ordinance was introduced. ORDINANCE NO. 67-83 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND IS DESCRIBED IN THIS ORDINANCE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item Sa RESOLUTION NO. 95-83 RESOLUTION AUTHORIZING APPLICATION FOR TEXAS CRIMINAL JUSTICE GRANT FUNDS TO RENOVATE THE POLICE JUVENILE DETENTION FACILITY. WHEREAS, when the city jail was constructed, the ceilings of the adult cells were constructed of steel , but the ceilings of the juvenile detention cells were constructed of cement plaster on metal lath suspended from the upper floor joists; and, i 182 Item 5a, cont'd. WHEREAS, this material is easily vandalized, and it has been frequently vandalized; when the ceiling material is torn away, juvenile inmates can crawl to the area between the lower and upper floors of the building and into the ventilation system, which results in the Juvenile Court decertifying the facility for detaining juveniles until the damage can be repaired; and, WHEREAS, it is agreed that the practical solution is to remove the old ceil - ings and install new welded steel ceilings along with associated electrical fix- tures and ventilation ducts, and the Texas Criminal Justice Division will fund projects of this nature on a fifty-fifty matching ratio; the estimated cost of the total project is $16,723.00, of which $8,363.00 will be provided by the state grant and $8,363.00 by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to make an application to the Texas Criminal Justice Division for a grant in the amount of $8,363.00 for this project, and to execute the grant agreement for the City of Wichita Falls. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5b RESOLUTION NO. 96-83 RESOLUTION TO ACCEPT BID FOR CITY'S ANNUAL REQUIREMENT FOR QUICKLIME TO USE IN TREATING WATER SUPPLY. and, WHEREAS, the City uses the chemical Quicklime to treat its fresh water supply; WHEREAS, bids have been received on the City's annual requirement for this chemical ; and, WHEREAS, Texas Lime Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a contract with Texas Lime Company for the supply of Quicklime at a bid price of $200,010. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5c RESOLUTION NO. 97-83 RESOLUTION TO ACCEPT BID FOR CITY'S ANNUAL REQUIREMENT FOR ALUMINUM SULPHATE TO USE IN TREATING WATER SUPPLY. WHEREAS, the City uses the chemical Aluminum Sulphate to treat its fresh water supply; and, WHEREAS, bids have been received on the City's annual requirement for this chemical ; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a contract with Pioneer Chemical Company for the supply of aluminum sulphate at a bid price of $7,890.00. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 183 Item 5d RESOLUTION NO. 98-83 RESOLUTION TO ACCEPT BID FOR CITY'S ANNUAL REQUIREMENT FOR HYDROFLUOSILICIC ACID TO USE IN TREATING WATER SUPPLY. WHEREAS, the City uses the chemical Hydrofluosilicic Acid to treat its fresh water supply; and, WHEREAS, bids have been received on the City's annual requirement for this chemical ; and, ,�JHEREAS, -i ompson Hayward Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a contract with Thompson Hayward Company -for the supply of hydrofluosilicic acid at a bid price of $14,084.00, including transportation. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5e RESOLUTION NO. 99-83 RESOLUTION TO ACCEPT BID FOR CITY'S ANNUAL REQUIREMENT FOR SODIUM HEXAMETAPHOSPHATE TO USE IN TREATING WATER 'SUPPLY. WHEREAS, the City uses the chemical Sodium Hexametaphosphate to treat its fresh water supply; and, WHEREAS, bids have been received on the City's annual requirement for this chemical ; and, WHEREAS, Chemical Supply Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a contract with Chemical Supply Company -for the supply of sodium hexametaphosphate at a bid price of $50,090.00. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, j and Boston Nays: None Item 5f RESOLUTION NO. 100-83 RESOLUTION TO ACCEPT BID FOR CITY'S ANNUAL REQUIREMENT FOR SODIUM SILICA TO USE IN TREATING WATER SUPPLY. WHEREAS, the City uses the chemical Sodium Silica to treat its fresh water supply; and, WHEREAS, bids have been received on the City's annual requirement for this chemical ; and, WHEREAS, Vanwaters and Rogers Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY TIE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager is authorized to enter into a contract with Vanwaters and Rogers for the supply of sodium silica at a bid price of $18,362.50. 184 Item 5f, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5g RESOLUTION NO. 101-83 RESOLUTION TO ACCEPT BID FOR CITY'S ANNUAL REQUIREMENT FOR FERROUS SULPHATE MONOHYDRATE TO USE IN TREATING WATER SUPPLY. WHEREAS, the City uses the chemical Ferrous Sulphate Monohydrate to treat its fresh water supply; and, WHEREAS, bids have been received on the City's annual requirement for this chemical ; and, WHEREAS, Chemical Supply Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a contract with Chemical Supply Company for the supply of Ferrous Sulphate Monohydrate at a bid price of $98,565.86. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6a RESOLUTION NO. 102-83 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF A FENCE AT THE SANITARY LANDFILL. WHEREAS, the City of Wichita Falls advertised for bids for the construction of fencing at the sanitary landfill ; and, WHEREAS, two bids were received, and it is found that the bid of A-1 Discount Fence Company of Wichita Falls, Texas, in the amount of $11 ,294.10, is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of A-1 Discount Fence Company, in the amount of $11 ,294.10, is hereby accepted, and the City Manager is authorized to execute a contract with A-1 Discount Fence Company for the construction of such improvement. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6b The low bid for an annual supply of light bulbs was awarded to AMFAC Electrical of Wichita Falls, in the amount of $5,347.20. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6c The bid for a plain copier machine was awarded to Martin Business Machines. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 18E Item 7a Authority was granted to advertise for bids to construct a boat launching facility at Lake Arrowhead. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 3a Minutes of the meeting of the Building Board of Adjustments and Appeals held April 14, 19,53, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and ; oston Nays: None Item 8b Minutes of the meeting of the :Mechanical Board of Adjustments and Appeals held April 21 , 1983, were received. Ayes: Mayor Cook, Councilmen. Swift, T'iomas, Harper, Wilson, Morris, and Boston Nays: None Item 8c Minutes of -the meeting of the Park Board held April 23, 1933, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None i - - - - - - - - - - Item 9a A proposed resolution was presented approving a project of KYM Partnership. RESOLUTION NO. 103-83 A RESOLUTION APPROVING A PROJECT TO BE FINANCED BY °WICHITA COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT ?EVENUE BONDS (KYN PARTNERSHIP PROJECT) SERIES 1993. WHEREAS, the County of Wichita (the "Unit" ) has approved and authorized the creation of the Wichita County Industrial Development Corporation (the "Issuer" ) as a Texas nonprofit corporation, pursuant to the Development Corporation Act of 1979, as amended, Article 5190.6, VErnon's Annotated Civil Statutes (the "Act" ) , to act on behalf of the Unit to promote and develop manufacturing and commercial enterprises to promote and encourage employment and the public welfare; and, WHEREAS, the Issuer is authorized by -the Act to issue its revenue bonds on behalf of the County of Wichita for the purpose of paying all or part of the costs of a "project", as defined in the Act, and to loan the proceeds thereof to finance all of part of -the costs thereof; and, WHEREAS, on October 19, 1981 , the Issuer adopted a Resolution Relating to the Issuance of Development Revenue Bonds at the request of KYM Partnership (the "User") wherein the Issuer agreed to issue and sell its Industrial Development Revenue Bonds in an amount not expected tc exceed $1 ,730,000 (the "Bcnds") to provide funds to finance a certain commercial project of the User (the "Project") located within the City; and, WHEREAS, the Texas Industrial Commission's Rules for Issuing Industrial Revenue Bonds (the "Commission Rules") require, with respect to commercial projects in "eligible blighter areas," -the city that established the eligible blighted area to approve projects located therein after posting notice and holding a public hearing thereon; and, WHEREAS, the Project is located within an eligible blighted area established by the City; and, 186 Item 9a, cont'd. WHEREAS, this City Council , after posting notice in accordance with law and before the adoption of this resolution, conducted a public hearing relative to its approval of the Project pursuant to and in accordance with the Commission Rules; and, WHEREAS, this City Council intends, by adoption of this resolution, to approve the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: Section 1 . The City, acting through this City Council , hereby approves the Project. Section 2. The City, acting through this City Council , hereby finds, determines and declares, but solely for its own purposes in performing its duties under the Act and the Commission Rules that: (a) The Project is located in an eligible blighted area designated by the City and will contribute significantly to the fulfillment of the redevelopment objectives of the City for such eligible blighted area; and, (b) The Project conforms to the resolution adopted by the City Council of the City, pursuant to the Act and the Commission Rules, designating the eligible blighted area in which the Project is located; and, (c) The Project is in furtherance of the public purposes of the Act. Section 3. This resolution shall take effect immediately from and after its adoption. Moved by Councilman Harper that Resolution No. 103-83 be passed. Motion seconded by Councilman Boston. City Attorney H.P. Hodge presented a brief synopsis of the resolution. Mayor Cook declared that public hearing open. Councilman Thomas stated that he would like to make it clear that because this is a bond project, the City is not responsible for the debt or the money. It is a formality for these people to get the money from their creditors. It does hurt the federal government .(not the City) , because there is less tax on it, but the city gets money from it, through additional taxes. No one else desired to be heard. Mbved by Councilman Morris that the public hearing be closed. Motion seconded by Councilman Boston, and carried unanimously. The motion for passage of Resolution No. 103-83 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10a was deleted from the agenda. Item Ila A proposed ordinance was presented appropriating $20,500 to the Community Information budget from civic/community promotion fund equity. 187 Item lla, cont'd. ORDINANCE NO. 68-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE CIVIC/COMMUNITY PROMOTION FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 68-83 be passed. Motion seconded by Councilman Boston, and carried by the Following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12a A proposed resolution was presented approving the Community Development Block Grant Program for 1983-84. RESOLUTION NO. 104-83 A RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 1983-1984 UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. BE IT RESOL'lED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A Final Statement of Community Development Objectives and Projected Use of Funds, under Title I of the Housing and Community Development Act of 1974, as amended, for Community Development Block Grant funds is hereby approved, and the City Manager is authorized and directed to complete and file the Statement for such grant with the Department of Housing and Urban Development. The City Manager is further authorized to execute any necessary documents requested to carry out and complete such grant. The Statement shall include a completed OMB Standard i Form 424 and a cony of the standard foram certifications as specified by HUD. Moved by Councilman Morris that Resolution No. 104-83 be passed. Motion seconded by Councilman Wilson. Councilman Harper stated that he hopes we can find some way to help the Red Door down the line. David 6rock, 1209 21st, again requested funding for community gardens, and also for the Red Door. He also inquired why the Denver Tank project changed from $148,000 to $258,000? Acting Cit;,/ Manager Dane Bennett stated that this is the first phase that is being funded. It is a $600,000 project. Mr. Brock stated that other street projects are not completed, yet they are budgeting more. Councilman Thomas stated that we need engineers, and we are trying to hire them. Mayor Cook stated that . t is the desire: of the Council and staff that the funds implemented in this program be spent in this calendar- year. We cannot address what has happened in the past. Councilman Thomas again asked Mr. Brock if the City had not plowed some gardens? Mr. Brock stated that three had been plowed. He also stated that we have to place our priorities where they belong. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 188 Item 12b A proposed resolution was presented approving final estimate on repairs to Lake Kickapoo Dam. RESOLUTION NO. 105-83 RESOLUTION APPROVING THE FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF THE ADDITIONS AND REPAIRS TO LAKE KICKAP00 DAM STRUCTURES. WHEREAS, the City of Wichita Falls and Zack Burkett Company as Contractor, entered into a contract March 31 , 1982, wherein said contractor agreed to construct the additions and repairs to Lake Kickapoo Dam; and, WHEREAS, said construction has been completed; and, WHEREAS, the final estimate has been submitted which shows a total amount of work in place of $235,632.50, of which $174,919.41 has been paid to the Contractor, leaving a balance due of $60,713.09. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the additions and repairs to Lake Kickapoo Dam structures is accepted by the City of Wichita Falls, and that the final estimate is approved, and the City Manager is authorized to pay the Contractor the amount due of $60,713.09. Moved by Councilman Wilson that Resolution No. 105-83 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12c A proposed resolution was presented authorizing the second amendment to the contract for site preparation of Central Services Complex. RESOLUTION NO. 106-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE CONTRACT WITH THE ZACK BURKETT COMPANY FOR SITE PREPARATION FOR THE CENTRAL SERVICES COMPLEX. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain amendment, a copy of which is attached hereto, to the contract between the City of Wichita Falls and the Zack Burkett Company, providing for a portion of the site preparation for the Central Services Complex, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Councilman Morris that Resolution No. 106-83 be passed. Motion seconded by Councilman Boston, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Morris, and Boston Nays: Council Thomas (He stated that he opposes it only because he feels it should not happen to us again. ) Item 12d A proposed resolution was presented approving a contract for architectural services for remodeling Kemp Public Library. RESOLUTION NO. 107-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ERICKSON/LEBOW/MORRISON, INC. 189 Item 12d, cont'd. WHEREAS, the provision of handicapped access to the Kemp Public Library is essential in order to serve all of the citizens of Wichita Falls; and, WHEREAS, the citizens have approved $150,000 in general obligation bonds for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WICHITA. FALLS, TEXAS, THAT: The City Manager is authorized to execute a contract with Erickson/Lebow/ Morrison, Incorporated for architectural services relating to the remodeling of the Kemp Public Library. The cost of these services shall be based on an hourly rate of $37.50, and shall not exceed $20,000 or be less than $15,000. Moved by Councilman Thomas that Resolution No. 107-83 be passed. Motion seconded by Councilman Harper. Councilman Morris asked how we select an architectural firm? Ed Barrett, Director of Administrative Services, stated that they try to pass the work around between the firms. Acting City Manager Dane Bennett explained that it also depends on the particular requirement needed. �I Councilman Swift asked how they arrived at the figures? Mr. Barrett explained, stating that it may be a little high. Councilman Wilson asked why we set a minimum? Mr. Barrett stated that it was only fair, if we set a maximum. Councilman Harper explained that these estimates were made five years ago, and updated six to eight months ago by .his firm before he decided to run for Council . It is very difficult on the city to also know what that fee is going i to be. He is suggesting that we. go to the type of fee where we know what it will be. It will be billed at an hourly rate only on the professionals that do i the work. He feels it is a more fair way for everyone concerned. i Councilman Swift stated that he hopes others have a better feel for this than he does. He asked if the architect gave the estimate of the total cost? Mr. Barrett stated it was the architect, and Mr. Harper originally. Mayor Cook stated that it is a shift in the way we pay design professionals. i Assistant Director of Public Utilities Dick Manahan stated that you don't bid engineering and architectural contracts. Mr. Harper stated that it is State law. I Fire Chief Jameson stated that he was the first to try this concept. On j the minimum and maximum, the fee will be $10,859, on a percentage basis it will be $20,000. Councilman Thomas stated that this has been a project that has been going on for years and years. j The motion was carried by the following vote. i Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 13a Mayor Cook stated that the Council appreciates the tremendous dedication and the number of hours spent by the staff over the past 48 hours. There were 27 hours of scheduled work. He appreciates their cooperation and dedication, and also to the media. They feel this information is very beneficial , and some of the actions will be seen in the immediate future in accomplishments, and more in the future. He also expressed appreciation from a personal standpoint to members of the Council . Sam Francis, 1006 Austin, protested that the alley between Taft and Jones has not been paved. 190 Item 13a, cont`d. Councilman Thomas asked if this alley has been scheduled? Acting City Manager Dane Bennett stated that we have pulled out of alley paving at this time because we are over-burdened with street paving. Mr. Barrett explained that he had looked at it last Friday. They had no problems going down the alley. Basically it is a matter of waiting until they get back in the alley paving work. It is not an impassable alley. Councilman Wilson asked if this is a situation where people pay 50 percent of the cost? Mr. Bennett thinks it is assessable. Mayor Cook explained that they would do periodic inspections on this alley, but no alley paving will be done for a while. His alley will be put on the list when they get back to it. Mr. Francis also complained about city engineers doing work out of town, but he would not tell Mr. Barrett who it was. Aaron Holland, 3507 Regina, stated that he would like to have the park in Fountain Park placed near the pool . Councilman Harper stated that he would like to ask "the Park Department to keep very close records on the cost of mowing parks and medians this summer. Also, for the Planning Board to make recommendations for a new sidewalk ordinance as well as allowing things to be placed on the sidewalks downtown, such as displays, food, etc. He also requested that the Planning Department come to the Council with a revised subdivision ordinance. He also requested that the city engineers and Planning Department continue their work on water retention so that they may take a look at it. The City Council adjourned at 8:40 P.M. PASSED AND APPROVED this r � _ day'of �y �, 1983. D. ayor ATTEST: Wilma J. Thomas, CMC, City Clerk SECOND AMENDMENT TO CONTRACT FOR CENTRAL SERVICES SITE PREPARATION This amendment, made and entered into this the 17th day of May, 1983, by and between the City of Wichita Falls , Texas, hereinafter called "City," and the Zack Burkett Company, hereinafter called "Contractor," WITNESSETH: The parties hereto do hereby agree to amend the contract made and entered into the 15th day of February, 1983, for site preparation for the Central Services Complex as follows: The maximum amount which shall be paid by the City to contractor under this contract shall be the sum of $235,000. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set out above. CITY OF WICHITA FALLS, TEXAS BY: Dane J. Bennett City Manager ATTEST: City Clerk ZACK BURKETT COMPANY BY: