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Min 07/05/1983 216 i Wichita Falls, Texas ! Memorial Auditorium Building July 5, 1983 Items 1 & 2 The City Council 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 7:00 o'clock P.M. , with the following members present. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Q Councilmen Craig A. Wilson Howard M. Morris - Horace 0. Boston James Berzin& City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer The invocation was given by Melvin Bradley, First Baptist Church. Mayor Cook noted that the Council meeting is being televised for the first time. Item 3 Moved by Councilman Thomas that minutes of the meeting held June 21 , 1983, be approved. Motion seconded by Councilman Harper, and carried unanimously. Items 4a - 9e Item 5a was deleted from the agenda. Items 6a, 8a, and 8b were moved to the regular agenda. Moved by Councilman Morris that the remaining items on the consent agenda be approved. Motion seconded by Councilman Boston. Item 4a Danny Daugherty, a Fire Department employee, was honored as Employee of the Month for July. Mayor Cook presented him with a plaque and two tickets each to a theatre and dinner. Item 5b ORDINANCE NO. 82-83 ORDINANCE WAIVING SECTION 22-1 , SUBSECTION (a) (9) OF THE CODE OF ORDINANCES TO ALLOW ADVERTISING SIGNS AT HAMILTON PARK TENNIS CENTER DURING THE WICHITA FALLS COLLEGIATE CLASSIC TENNIS TOURNAMENT. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 217 Item 5c ORDINANCE NO. 83-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE CIVIC/COMMUNITY PROMOTION FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6b RESOLUTION NO. 122-83 RESOLUTION ACCEPTING BID OF SACRED HEART CEMETERY FOR PURCHASE OF 2.54 ACRES OF LAND BOUNDED BY KESSLER, SANTA FE AND KENESAW, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED. WHEREAS, by Resolution No. 84-83, the City Council authorized the advertising for bids for sale of the hereinafter 2.54 acres of land in Wichita Falls; and, WHEREAS, the City published a notice that the land was offered for sale, as required by Article 5421c-12, Revised Civil Statutes of Texas; two bids were received, and the bid of Sacred Heart Cemetery in the sum of $50,000.00 was the highest and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Sacred Heart Cemetery in the sum of $50,000.00 is hereby accepted, and the City Manager is authorized to execute a deed with special warranty for the City of Wichita Falls to Sacred Heart Cemetery. The deed shall provide that the Second Tract is subject to the restrictive covenant contained in the deed from Westmoreland Park Company, dated February 12, 1927, and recorded in Volume 274, Page 398, Wichita County Deed Records. The deed shall contain a condition that no use shall be made of the property other than single family, one-story duplex or triplex residential use or open space use, such as a cemetery. Said land is bounded by Kessler, Santa Fe and Kenesaw Streets in Wichita Falls, and is described as follows: FIRST TRACT: 1 .94 acres of land out of the L. Kertz Subdivision of blocks C & D, Fairview Addition to the City of Wichita Falls, said 1 .94 acre tract being described by metes and bounds as follows: Beginning 30 feet north 89 deg. 52' West of the northeast corner of Block C, Fairview Addition to the City of Wichita Falls, Texas, GC & SFRR Survey Abstract 257, for the northeast corner of this tract; thence, south along a line, the east line of this tract, 350 feet to the north line of Kenesaw Avenue, a stake, same being the south- east corner of this tract; thence, along the north line of Kenesaw Avenue a bearing of north 89 deg. 52' West a distance of 159.2 feet a stake the southwest corner of this tract, also a point in the east line of the 20 foot alley and the east line of Lot 1 as shown by the Plat of Record by Mr. L. Kertz a bearing of north 25 deg. 9' West 367.2 feet to the northwest corner of this tract a stake; thence south 89 deg. 52' East 327.7 feet to the place of beginning, containing 1 .94 acres of land. SECOND TRACT: Block 7, First Section, of the Westmoreland Park Addition to the City of Wichita Falls, Texas, according to the Plat of said addition recorded in Volume 3 at Page 74 of the Plat Records of Wichita County, Texas. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 218 Item 6c RESOLUTION NO. 123-83 RESOLUTION DESIGNATING JAMES P. BERZINA, CITY MANAGER, AS THE OFFICIAL TO ACT FOR THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965. WHEREAS, by Resolution No. 22-83, Acting City Manager Dane J. Bennett was designated to represent and act for the City in dealing with the Texas Parks and Wildlife Department for the purpose of participating in the Land and Water Conservation Fund Act of 1965; and, WHEREAS, by Resolution No. 22-83, Acting City Manager Dane J. Bennett was designated to represent and act for the City in dealing with such Department for such purpose; and, WHEREAS, the appointment of Dane J. Bennett as Acting City Manager has terminated, and James P. Berzina has been appointed City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Council hereby authorize and direct James P. Berzina, City Manager, to represent and act for the City of Wichita Falls in dealing with the Texas Parks and Wildlife Department for the purpose of such program, in place of Acting City Manager Dane J. Bennett. All of the other provisions of Resolutions No. 22-83 and 23-83 shall remain in full force and effect. i Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6d RESOLUTION NO. 124-83 RESOLUTION TO DESIGNATE THE CITY MANAGER AS THE CITY REPRESENTATIVE TO SIGN FORMS FOR THE PURCHASE OF TAX FREE ALCOHOL. WHEREAS, ethyl alcohol is used in the testing of water at the laboratory of the Jasper Street Water Purification Plant; and, WHEREAS, the City can apply to the Alcohol , Tax and Firearms Bureau for a limited use permit that will allow the purchase of tax free alcohol . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager, or person officially acting as City Manager, is authorized to sign applications and other documents required to be filed with the Alcohol , Tax and Firearms Bureau in connection with tax free alcohol for official use as the Jasper Street Water Purification Plant. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6e RESOLUTION NO. 125-83 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS AND CERTIFICATIONS. WHEREAS, in the Wichita Falls area Federal assistance may be required for: 1 ) street and highway construction, 2) capital and operating assistance for public mass transportation, and 3) transportation planning; and, f 219 Item 6e, cont'd. WHEREAS, Joint Certification of Urban Transportation Planning Process by the Federal Highway Administration (FHWA) and Urban Mass Transportation Administration (UMTA) is prerequisite for Federal capital , operating and planning assistance; and, WHEREAS, the Joint Certification process requires endorsement by the Metropolitan Planning Organization (MPO) of the Transportation Improvement Pro ram with Annual Element, and the Unified Work Program; and, WHEREAS, the City of Wichita Falls, Texas has been designated on June 2, 1981 as the Metropolitan Planning Organization for the Wichita Falls urbanized area; and, WHEREAS, the City of Wichita Falls has accepted the designation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following documents of the Urban Transportation Planning Process are hereby endorsed as being valid and consistent with the City of Wichita Falls Comprehensive Plan: 1 . Agreements "Continuing phase agreement", dated September 12, 1979; and Agreement designating City of Wichita Falls as MPO, dated June 2, 1981 . 2. Transportation Improvement Program with Annual Element 1983-1984 3. Unified Work Program - October 1 , 1983 - September 30, 1984 SECTION 2. The City Manager is authorized to execute required contracts, agreements, and certifications for continued transportation planning activities, and for the City of Wichita Falls continuing to perform as the Metropolitan Planning Organization. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7a The bid for high pressure sodium street light fixtures and lamps was awarded to Cummins Supply Company in the amount of $9,499.16. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7b Bids were taken on 5/8" and 1 " water meters. Neptune Meter Company's low bid in a total amount of $102,750. represents a savings of $56,000 from the prices we are currently paying to the same company for the same product. Heretofore we have been buying water meters at the best available price, but without an annual bid. The bid was awarded to Neptune Pieter Company in the amount of $102,750. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8c Authority was granted to prepare proposals for a new depository contract under the direction of the City Manager. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9a Minutes of the meeting of the Park Board (Special Session) held May 12, 1983, were received. 220 Item 9a, cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9b Minutes of the meeting of the Park Board held May 26, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9c Minutes of the meeting of the Board of Electrical Examiners held June 9, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9d t Minutes of the meeting of the Design Review Commission held June 16, 1983, were received. i Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9e Minutes of the meeting of the Design Review Commission (work session) held on June 23, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6a A proposed resolution was presented approving a supplemental agreement to the FAA space rental at Municipal Airport. RESOLUTION NO. 126-83 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. I TO THE LEASE OF THE FEDERAL AVIATION'S SECTOR FIELD OFFICERS RELATIVE TO ANNUAL RENTAL OF SPACE AT WICHITA FALLS MUNICIPAL AIRPORT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Federal Aviation Administration, Sector Field Offices, setting annual rental is hereby approved and the City Manager is authorized to execute same for the City of Wichita Falls. Moved by Councilman Boston that Resolution No. 126-83 be passed. Motion seconded by Councilman Morris. Councilman Thomas asked if we know how much this will cost us in janitorial service and bare space rent? Bob Parker, Director of Traffic, explained that the bare space rate will not change, but they will be renegotiating the janitorial service rate when it comes up for renewal in October. Councilman Swift asked if $3.50 a square foot is reasonable? Mr. Parker stated that it is. 221 Item 6a, cont'd. Councilman Harper wanted to know if this money will be paid into the airport account? Mr. Parker stated that it would be. Item 8a Permission was requested to advertise for bids for irrigation and landscaping improvements to the transfer station. Councilman Wilson asked Parks Director Bill Hursh what he planned to ask for in the bid? Mr. Hursh stated that the base would include the front of the building. Another alternate would be to include the north side with the front, and the third alternate would be to include the north side with the back. He planned to advertise the base. Councilman Morris asked for an explanation of alternates one and two. Mr. Hursh presented a plat of the area showing all alternates. Councilman Morris asked what was the reason for not covering the whole front of the building? Mr. Hursh stated that they could add it later. Councilman Boston stated that he would like to see us include all alternates for a first-class facility; one time and one time only. Mayor Cook agreed. Mr. Hursh stated that he could include the part in front of the fence, as questioned by Councilman Morris. bid. The Council was in agreement with the whole area being included in the base Moved by Councilman Thomas that authority be granted to advertise for bids for irrigation, as discussed, and for landscaping improvements. Motion seconded by Councilman Morris, and carried unanimously. Item 8b Permission was requested to prepare a proposal for selection of an external independent auditor under the direction of the City Manager. Moved by Councilman Harper that authority be granted to prepare the proposal . Motion seconded by Councilman Morris. Councilman Harper stated that he would like to make sure that local firms are not written out of the specifications. We have done it with a lot of other things in the City. Fred Werner, Chief Accounting Officer, stated that after the document is prepared, he will present it to the Council for their critique. The motion was carried unanimously. Item l0a Discussion was held on a proposed ordinance to allow vending within a certain designated area in the Depot Square Historical District. ORDINANCE NO. 84-83 ORDINANCE AMENDING SECTION 8-15 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, TO ALLOW FOOD VENDING WITHIN A CERTAIN DESIGNATED AREA IN THE DEPOT SQUARE HISTORICAL DISTRICT, AND ADDING ARTICLE VIII , VENDING -- DEPOT SQUARE HISTORICAL DISTRICT, TO CHAPTER 8. Moved by Councilman Morris that Ordinance No. 84-83 be passed. Motion seconded by Councilman Harper. i 222 Item 10a, cont'd. Councilman Harper stated that this pretty well limits it to the street and sidewalk, but he wonders if we intend to allow them inside the Courtyard of the Farmers Market, and other open spaces? He feels that the use of the farmers market needs to be worked out with the market manager. Ed Barrett, Director of Administrative Services, stated that they would be happy to have a food center in the market area if each vendor would be willing to pay the $8.00 per day charge. They have had some difficulty with this in the past with health codes, etc. Planning Director Roger McKinney stated that vendors do not have to be stationary, but could provide this service around the farmers market. Mr. Barrett was concerned about the use of the farmers market during peak days. Councilman Harper feels that we have restricted it to such a small unpopulated space that we will rule out most of them. Mr. McKinney stated that the entire depot square is not much larger than this. We would have to expand the historical district. Councilman Harper was in agreement with this. Councilman Thomas felt that it would be helpful to have vendors downtown to allow patrons to purchase refreshment as they walk downtown. He does not feel we should limit it to a small space. Mayor Cook stated that they are trying to attract people in the historic depot square area. We will establish some kind of test market. It will be very easy to expand if we find it successful . Councilman Harper stated that in other areas they have had a problem with people not getting permission to locate in front of businesses. Councilman Swift asked about popsicle trucks? City Attorney H.P. Hodge explained that the popsicle vendors are not allowed to go downtown. City Attorney H.P. Hodge suggested that the following phrase be added in Section 8-171 in the second line following the word "the" : "designated area in the" . The motion for passage of the ordinance, with the above change, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Morris, and Boston Nays: Councilman Thomas Item 10b A proposed ordinance was presented making a $50,000 appropriation for a condemnation award on central services complex property acquired by the City. ORDINANCE NO. 85-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL OBLIGATION BOND FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Councilman Morris that Ordinance No. 85-83 be passed. Motion seconded by Councilman Boston. Chief Accounting Officer Fred Werner explained that the name of the fund should be corrected to read "General Obligation Bond" . Councilman Wilson asked why this appraised value is 2-1/2 to 3 times greater than our appraisers? City Attorney H.P. Hodge stated that the principal difference is in the approach the two appraisers took. Our appraiser based his appraisal on his opinion that the highest and best use was for single family residences, and on his comparable sales. The appraiser for the condemnee based his appraisal on his opinion that the highest and best use of"the property was for a multiple family use, and in his comparable sales the prices were much higher. Councilman Harper noted that this is, evidence of lack of land use controls, 223 Item 10b, cont'd. Councilman Wilson explained that the reason he raised the question is because there are some other things coming up that we need to be aware of. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston Nays: Councilman Swift Item lla RESOLUTION NO. 127-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE EXTENSIONS OF TWO YEARS AND THREE MONTHS AT CURRENT RATES WITH TENANTS AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the City and Metro Rental 's Inc. D/B/A Budget Rent-A-Car, entered into an agreement and lease of premises at Wichita Falls Municipal Airport, dated September 9, 1982, for a term expiring June 30, 1983; and, WHEREAS, the City and W. B. Owen D/B/A Avis Rent-A-Car, entered into an agreement and lease of premises at Wichita Falls Municipal Airport, dated July 1 , 1978 for a term expiring June 30, 1983; and, WHEREAS, the City and Bill Hurley D/B/A National Rent-A-Car, entered into an agreement and lease of premises at Wichita Falls Municipal Airport, dated July 1 , 1978 for a term expiring June 30, 1983; and, WHEREAS, the City and Robert A. Moore D/B/A Hertz Rent-A-Car, entered into an agreement and lease of premises at Wichita Falls Municipal Airport, dated July 1 , 1978 for a term expiring June 30, 1983; and, WHEREAS, the parties to such agreements desire to extend each of the above agreements and leases for two years and three months, so that each shall expire September 30, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Such two year three month extensions of the said four agreements and leases of premises, at current rates, are hereby approved and the City Manager is authorized to execute instruments so extending such agreements and leases. Moved by Councilman Harper that Resolution No. 127-83 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 llb Discussion was held on a proposed resolution pertaining to acquisition of property for an entrance to Kiwanis Park. A motion was made by Councilman Harper, for discussion, that the Resolution be passed. The motion was seconded by Councilman Thomas. Councilman Wilson asked what our situation is over any rights we may have acquired? City Attorney H.P. Hodge stated that there seems to be some evidence that we got permission from a former owner. There is a question of except for infrequently. If we use it for more than ten years we acquire the right to it. It is just not clear. It is actually owned by the Hughes Estate. It was owned at one time by a Mr. Malone, and he is the one who gave us permission to use it. Mr. Malone does not have clear title, and he is about to convey it back to the Hughes Estate. We have been using this since the tornado. Harold Lerew also owns part of it. 224 Item llb Parks Director Bill Hursh stated that we have a water line serving Kiwanis Park which enters through this property, since the early 60's. He could not document permission for the water line. He believes we had permission, but he could not prove it. It was not used continuously prior to the tornado. Mr. Hodge stated that the Hughes Estate has paid the taxes on the property. He further stated that he would like to have more definite knowledge of the facts for the past three years. He stated that he would have no objection to having it appraised. In the meantime, satisfy ourselves of ownership. Councilman Wilson would like us to forget the appraisal right now, and go to the Hughes Estate for negotiation. Councilman Morris agreed. Moved by Councilman Morris that this matter be tabled for further study. Motion seconded by Councilman Thomas, and carried unanimously. Councilman Morris stated that he would hope if we find out who owns this property, and acquire title, that whatever we do in this entrance we do with the least amount of trouble to the property owners. Item llc A proposed resolution was presented authorizing a lease agreement for a I model aircraft facility. RESOLUTION NO. 128-83 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE A LEASE AGREEMENT AT LAKE ARROWHEAD WITH THE WICHITA FALLS RADIO CONTROL CLUB FOR A MODEL AIRCRAFT FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, from the City of Wichita Falls to the Wichita Falls Radio Control Club, for a model aircraft facility at Lake Arrowhead, is hereby approved, and the City Manager I is authorized to execute the same for the City of Wichita Falls. Moved by Councilman Morris that Resolution No. 128-83 be passed. Motion seconded by Councilman Swift. Councilman Morris questioned the term of lease of 25 years with a 25 year option, stating that it seems excessive. Mr. Hursh explained that if someone were to put up enough money for the improvements, they would want to insure that it would cover the improvements. The facility would have to be open to the public, but paying dues would be permissible: Mayor Cook mentioned the grass runway, as opposed to an asphalt runway, i' because of the necessity for watering grass. He suggested that asphalt be an option of the lessor, and that the area be restored at the end of the lease. He also suggested Item 7 be omitted pertaining to surveying the land since the land has already been surveyed by the City. Councilman Harper noted that it does not state who gets the money for this lease. Mr. Werner stated that it goes to the City of Wichita Falls. Richard Mead appeared as President of the Wichita Falls Radio Control Group. He stated that the airplanes they will fly weigh up to 17 pounds, and travel in excess of 100 miles per hour. There are a lot of people moving into the area they now use. The members are afraid they may hit someone. They have been looking for a site that may eliminate this possibility. He stated that they plan to put up a building, along with a septic tank. 225 Item llc, cont'd. Councilman Boston asked about the estimated dollar investment? Mr. Mead estimated something like $20,000. They are looking at this over the next 15 to 20 years for financing. Councilman Morris asked if these are things they want, or are they required by the City? Mr. Hursh stated that some are our rules, and some are health requirements. Termination of the lease was discussed. City Attorney H.P. Hodge stated that in some leases there is a provision that if the land is needed for some other public purpose, that is a basis for terminating the lease. Councilman Wilson noted that the group may not grow. He suggested that Section 23 be added to allow the City to take it back at replacement costs, less depreciation, if needed. Moved by Councilman Harper that the suggested amendments to the lease be approved. Motion seconded by Councilman Morris, and carried unanimously. The motion for passage of Resolution No. 128-83 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item lld A proposed resolution was presented determining the necessity for widening Northwest Drive to 30 feet. RESOLUTION NO. 129-83 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY AND UTILITY EASEMENT AND ADJUSTMENT FOR THE STREET RIGHT-OF-WAY ON NORTH SIDE OF NORTHWEST DRIVE, 1980-82 CAPITAL IMPROVEMENT PROGRAM AND AUTHORIZING EMPLOYMENT OF APPRAISERS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 . It is necessary to acquire the following described property for the Street right-of-way and Utility Easement and Adjustment, 1980-82 Capital Improvement Program to-wit: Fifteen feet along the north side of Northwest Drive from the west side of State Loop 11 Highway to the ease side of Radio Lane for street right-of-way, and seventeen feet along the north side of such additional street right-of-way for electric distribution easement. Section No. 2. The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the Street right-of-way and Utility Easement and Adjustment on the north side of Northwest Drive, 1980-82 Capital Improvement Program. Moved by Councilman Harper that Resolution No. 129-83 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 Councilman Wilson requested that we require Texas Electric to show cause why the utilities need to be moved. 226 Item lle A proposed policy resolution was presented pertaining to utility services to entities outside the city limits. RESOLUTION NO. 130-83 RESOLUTION TO STATE THE GENERAL POLICY OF THE CITY OF WICHITA FALLS FOR THE PROVISION OF UTILITY SERVICES TO ENTITIES OUTSIDE THE CITY LIMITS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, THAT: The following general policies shall apply when utility service is to be provided to any entity outside the city limits: a. All costs to establish the service, including engineering studies, administration, and the physical system, shall be borne by the entity requesting the service. This also includes any adjustments required in the utility system of the City of Wichita Falls that are necessary to provide the requested service. b. In addition, the entity shall pay the cost of service consumed, such costs to be computed using generally accepted rate setting techniques and i procedures. The established rates are to include capital investments by the City of Wichita Falls in order to continue and improve the service in the future. Provided, however, that individual owners shall pay twice the rate charged to like customers within the city limits. c. Rates shall be subject to review and adjustment on an annual basis. d. If the entity or its intended service area or its extraterritorial jurisdiction is wholly or partially within the extraterritorial jurisdiction of the City of Wichita Falls, or is contiguous to that jurisdiction, the entity must agree, under prevailing laws and prior to signing a contract, to apply for annexation to the City at a time when such annexation is considered mutually beneficial to the entity and the City. e. (Alternative #1 ) Entities subject to annexation by the City must agree that new utilities systems or subdivisions will be built in compliance with the standards and specifications of the City utility systems and with all applicable City codes and ordinances. Moved by Councilman Morris that Resolution No. 130-83 be passed, with Alternative One. Motion seconded by Councilman Harper. It was noted that this would establish rates to maintain capital invest- ments as they are incurred by the City of Wichita Falls. City Manager James Berzina asked if in Section d, must they have had their election to come into the City prior to this? The Council responded in the affirmative. The motion was 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 awarding contracts for maintenance of certain street medians. RESOLUTIONS NO. 131-83 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR MAINTENANCE OF CERTAIN STREET MEDIANS. WHEREAS, informal written bid forms were sent to twenty-five mowing contractors in Wichita Falls; and, WHEREAS, two bids were received for the maintenance of Group #1 and one bid was received for the maintenance of Group #2; and, 227 Item 12a, cont'd. WHEREAS, a lottery drawing was conducted in the Legal Office of the City of Wichita Falls in order to fairly and impartially select a maintenance contractor for Group #1 ; and, WHEREAS, the City Council accepts these bids as fair and reasonable and approves this maintenance program as a pilot project for the remaining of the growing season through September 30, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bids received from Vester Duncan and Gary Burton are hereby accepted, and the City Manager is authorized to execute those certain contracts, copies of which are attached hereto, for the period commencing July 5, 1983 for the remainder of the 1983 growing season. Moved by Councilman Thomas that Resolution No. 131-83 be passed. Motion seconded by Councilman Harper. Councilman Harper requested that pictures be taken by the Park Department before the contract starts, and also at the end of the summer. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12b The bid for two 1-ton dual , 4-wheel drive pickups for mini-pumpers (Fire Department) was recommended to Kidwell GMC in the amount of $27,592.74. Councilman Harper questioned the dual wheels. Fire Chief Jameson recommended them. Moved by Councilman Morris that the bid be awarded, as recommended. Motion seconded by Councilman Harper, and carried unanimously. Item 12c The bid for two self-contained skid pump units for mini-pumpers was recommended to Fire Appliance Company of Wichita Falls, in the amount of $11 ,700. Moved by Councilman Thomas that the bid be awarded, as recommended. Motion seconded by Councilman Swift, and carried unanimously. Item 13a RESOLUTION NO. 132-83 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR KEMP BOULEVARD CONSTRUCTION OF LEFT TURN BAYS AND SURFACE OVERLAY FROM SEYMOUR HIGHWAY TO KEMP BOULEVARD, CAPITAL IMPROVEMENTS PROJECT 82-2. WHEREAS, the City of Wichita Falls and Timmins-Anderson Corporation entered into a contract dated December 7, 1982, for the construction of left turn bays and surface overlay on Kemp Boulevard from Seymour Highway to Kell Boulevard, Capital Improvements Project 82-2; and, WHEREAS, such project has been completed in accordance with the plans and specifications; and, 228 Item 13a, cont'd. WHEREAS, such contract was a unit price contract, and the estimated cost based on estimated quantities was $426,424.80; however, on the basis of the actual quantities used in the construction, the total contract price is $337,518.38, of which $313,962.47 has been paid to the contractor, leaving a balance due of $23,555. 91 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such project is accepted by the City of Wichita Falls, and the City Manager is authorized and directed to pay to the contractor the amount due as set out above. Moved by Councilman Morris that Resolution No. 132-83 be passed. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 13b RESOLUTION NO. 133-83 I RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO j THE CONTRACTOR FOR THE CONSTRUCTION OF THE FENCE AT THE SANITARY LANDFILL ON PARKER ROAD. I WHEREAS, the City of Wichita Falls and A-1 Discount Fence Company entered into a contract dated May 17, 1983, for the construction of a fence at the sanitary landfill on Parker Road; and, WHEREAS, said project has been completed in accordance with the plans and specifications; and, WHEREAS, such contract was a unit price contract, and the estimated cost based on estimated quantities was $11 ,294.10; however, on the basis of the actual quantities used in the construction, the total contract price is $11 ,043.55, none of which has been paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such project is accepted by the City of Wichita Falls, and the City Manager is authorized and directed to pay to the contractor the amount due of $11 ,043.55. Moved by Councilman Morris that Resolution No. 133-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 14a Permission was requested to advertise for bids to construct a boat launching facility at Lake Arrowhead. Moved by Councilman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Morris, and carried unanimously. 229 Item 14b Permission was requested to advertise for bids for a fence for the Fairway storage yard, compressor for crack-sealing operations, and asphalt hot patch machine. Dave Tracey, Street Superintendent, stated that they have a need for storage in this area. It is on city property. Moved by Councilman Harper that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Morris, and carried unanimously. Item 15a Joe Hicks, 1602 Cedar, stated that Recreational Vehicle owners are fully behind the Greenbelt project, and are interested in a RV Park in this area. He stated that there are few cities of our size that do not have these parks for RV's. Councilman Harper noted that it cost the City $8,000 to put out fires caused by firecrackers. Fathers and mothers should be aware that they are responsible for actions of their children. Councilman Swift restated his request for information pertaining to mandatory placing of trash in plastic bags if it is picked up at the curb. He also again asked about cleaning up a drainage ditch in the Hursh addition. He also stated that Lake Arrowhead residents are appreciative of the Street Department repairing chuck holes in the road down there. Councilman Thomas requested recognition of the RV people who are supporting the greenbelt. Robert Beaver, No. 6 Farris Street, stated that the Planning Department gave away Adams Street, which was an outlet to the river. There is now a fence around this property, with oilfield equipment on it. He mentioned weed problems in that section of town. For the past 12 years he has been reporting on three lots. Mr. Ryckoff stated that they have it all straightened out. Someone said they would do it for $300. He does not know why they want to wait if it can be done for $300. He would not do it for less than $500. Councilman Morris asked if it were mowed last year? Mr. Beaver stated that it was not. He is concerned with Numbers 7, 9, and 11 Farris. The rest of it is addressed on Front Street. Mayor Cook noted that Mr. Berzina would look at it, and expedite his request. Items 15 b, c The City Council recessed at 9:00 P.M. for executive session pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. They reconvened at 9:45 P.M. Moved by Councilman Morris that J. S. Brimmage, Leon Mallonee, and Nancy Sherrill be reappointed to the Housing Authority Board for terms to expire June 12, 1985. Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Morris that the following be appointed to the Library Advisory Board for expiration terms as shown. Gaye Jo True, J. C. Boyd, Jr. , and Gracie Gregg - June 30, 1984 Mrs. Gary Dotter, Jean Hayes, and Thomas Pipes - June 30, 1985 G-Ann Martin (Chairman - 1 yr. ) , Karen Ballog, and Cathy Biggs - June 30, 1986 230 Items 15 b, c, cont'd. Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Morris that the following be appointed to the Planning Board for terms to expire May 31 , 1986: Wheeler Smith (reappointed) , James B. Farmer, and David Estes, with Bob Balch being reappointed as Chairman. Motion seconded by Councilman Wilson, and carried unanimously. The City Council adjourned at 9:50/P.M. PASSES AND APPRIVED this `A, day of 1983. �nn Howard 'K. Morris , Mayor Pro :tem ATTEST: 1 Wilma J. Thoma , CMC, City Clerk I