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Min 05/20/1980 37 Wichita Falls , Texas Memorial Auditorium Building May 20, 1980 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. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Horace 0. Boston Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Judy Baird Assistant City Clerk i The invocation was given by Paul Donaldson, First Church of God. Item 3 Moved by Alderman Traywick that minutes of the meeting held May 13, 1980, be approved. Motion seconded by Alderman Boston, and carried unanimously. Items 4a - 9c Item 5a was moved from the Consent to the Regular Agenda. Moved by Alderman Russell that the remaining items on the consent agenda be approved. Motion seconded by Alderman Thomas. Item 4a 1 ORDINANCE NO. 3666 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 5b /'RESOLUTION NO. 2526 RESOLUTION AUTHORIZING CITY TO BE CO-SPONSOR OF NATIONAL WORLD GAMES FOR THE DEAF TENNIS TRYOUTS. WHEREAS, the National World Games for the Deaf Tennis Tryouts will be held in Wichita Falls on July 9 through 12, 1980, and the objective of the tryouts is to select the most powerful contingent of deaf tennis players, both men and women, to represent the United States in the XIV World Games for the Deaf which will be held in Cologne, West Germany on July 23 to August 1 , 1981 ; and, WHEREAS, this tournament is being sponsored by the Wichita Falls Tennis Association, which has requested that the City of Wichita Falls co-sponsor such tournament and allow free use of Hamilton Park tennis courts for the tournament. i 38 Item 5b, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls is hereby authorized to co-sponsor the National World Games for the Deaf Tennis Tryouts on June 9 through 12, 1980, and the court fees for this tournament are hereby waived. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 6a Low bid for a gasoline air compressor for Traffic was awarded to Joy Machinery Co. , Dallas, Texas, for $6,509.50. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 6b Low bid for 160,000 lbs. of fluosilicic acid for Water Purification was awarded to Thompson Hayward Chemical Co. , Dallas, Texas, for $65.00 a ton. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 7a RESOLUTION NO. 2527 RESOLUTION APPROVING CHANGE ORDER NO. 2, AND THE FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF WICHITA FALLS MUNICIPAL AIRPORT PHASE IV IMPROVEMENTS. WHEREAS, the City of Wichita Falls and Timmins-Anderson Corp. , as contractor, entered into a contract dated December 19, 1978, wherein said contractor agreed to construct Wichita Falls Municipal Airport Phase IV Improvement; and, WHEREAS, said construction has been completed in accordance with the plans and specifications ; and, WHEREAS, Change Order No. 1 has heretofore been approved by the Board of Aldermen; and, WHEREAS, Change No. 2 and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $503,747.05, of which $471 ,221 .14 has been paid to the contractor, leaving a balance of $32,525.91 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of Wichita Falls Municipal Airport Phase IV Improvements is accepted by the City of Wichita Falls , Change Order No. 2 and the final estimate are approved, and the City Manager is directed to pay to the said contractor the balance due as shown above. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None i Item 8a Authority was granted to advertise for bids for work boat for Water Source of Supply. 39 Item 8a, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 8b Authority was granted to advertise for bids for 400 tons of liquid chlorine for Water Purification. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 9 Minutes of the following boards and commissions were received. a. Park Board, May 13, 1980 b. Plumbing Advisory Board, April 30, 1980 c. Centennial Commission, April 30, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5a A proposed resolution was presented authorizing the City Manager to execute a contract with Wichita Falls Independent School District for bus rental . RESOLUTION NO. 2528 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR RENTAL OF BUS DURING JUNE AND JULY, 1980, FOR SUMMER PLAYGROUND PARTICIPANTS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute, for the City of Wichita Falls, a contract with the Wichita Falls Independent School District, whereby the City would rent a school bus during June and July, 1980, such bus to be used for transporting summer playground participants to the Lucy Park swimming pool for swimming lessons, and for other special playground events. City shall pay school district rental for such bus at the rate of $.50 per mile driven; in addition, City shall furnish all gasoline, and shall provide liability and collision insurance on such bus. City will furnish drivers for the bus, which drivers shall be limited to certain specified individuals. Alderman Hampton asked what the cost would be, and also where the funds would come from? Bill Hursh, Director of Parks and Recreation, stated the program is broken down into three segments : (1 ) swimming lessons in Williams, Jalonic, and Lynwood East Parks; (2) playground activities at 11 parks one time a week for eight weeks; and, (3) special swimming sessions for playground participants, one afternoon a week. Total cost for the eight weeks, plus insurance, would be under $1 ,000. It was clarified that if the City buses were not available, the school buses would be used. Also, that the Community Action Corporation would contribute up to $1 ,950. Moved by Alderman Hampton that Resolution No. 2528 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None 40 Item lla Flora Evers, an employee of the Activities Center, was honored as Employee of the Month for May. Mayor Hill presented her with a plaque, and two tickets each to a theatre and dinner. Item l 0a The public hearing on the sanitary landfill site was opened. Mayor Hill stated this Council had been called upon to make some very heavy decisions. He stated they may not please everybody here today, but each person on this Council will vote the best way for the benefit of the City of Wichita Falls . Louise Hunter, 611 Flood, stated she has been a resident of the east side for the past 20 years. She expressed her displeasure to place the landfill on the east side. If it was not thought of economically, to think of it morally. When the decision is made, do not put it on the east side. Harrison E. Taylor, 515 Duncan, stated the west side location is not the best location with reference to the residences nearby. The east side location is not the best location for the same reason. Access would be through Harding Street. He stated a spokesman for the special interest group said they did not want the landfill site anywhere on the west side. They do not want to take care of their own garbage. The City will spend hundreds of dollars to develop the east side site. Why should you spend hundreds of dollars to fight the special interest group? It would be cheaper to fight the east side group. We think it is proper to come before the Council , and not try to intimidate you. Mr. Taylor presented a petition from the east side opposing the landfill being placed there. Angus Thompson, 608 Dee Drive, stated they have very little and must fight in no uncertain terms to protect what they have. He presented a petition from the east side opposing the landfill . Hazel Burney, Rt. 5, Peterson Road, agreed with Angus Thompson. David Williams , Blackflat, Texas, appeared as trustee for the McClellan Trust on the east side. Part of the McClellan land is being considered for the east side landfill site. Mr. Williams stated the McClellan ranch is one of the finest pieces of grassland in the area. They do not want the dump. If the City is going to take this land, they should be compensated for it. The land will have to be condemned. He stated they are going to insist on an eight foot fence between the McClellan property and the dump. Also, the run off from the dump is going to be close to the river. A 12-inch rain will produce 104 million gallons of water. Just having a pond out there will not take care of it. There will be pollution problems and all kinds of health problems. The place will be expensive and dangerous. He stated they are confident they will be paid a reasonable price for the land; however, the market value of the ranch will be diminished considerably. Take 300 acres out and 2500 acres are left. They will not be able to lease that land for as much as they could. The price will have to be adjusted. The McClellan land would sell for $750,000. Josie B. Roberts stated she lives three blocks from the dump, and does not want the dump on the east side. She stated everything that is ugly is on the east side. All the beautiful things are away from the east side. She stated they want some beautification on the east side. Bob Reece, Mayor of the City of Dean, stated he was here to speak on the opposition to the landfill in the western part of Clay County. It would create problems. Trucks would pass through the center of Dean. The residents are opposed to this. What about fires? There will also be a rodent problem. Mr. Reece presented a petition from the residents of the City of Dean. Henry Krajca, who owns the land next to the McClellen ranch, stated the landfill would ruin his water. He asked how the shallow water would be taken care of? He does not want the landfill put there. Mabel Harem, Rt. 5, asked the Council to consider their lives as important as city people's. 41 Item 10a, cont'd. Fred Fields , teacher, stated he did not want the landfill in his neighborhood. Ernie Goins, 1615 Harding, stated the people on the east side are not threatening lawyers. They ask the Council to think about the psychological aspect. He has not gone through a summer without smelling the garbage and the sewer. He asked the Council to think about the problems the east side has had to put up with, and to make this decision, this one time, in favor of them. Reginald Blow, 1409 Rosewood, stated he has been sharing the liabilities of Wichita Falls. It is time for the rest of Wichita Falls to share in some of this responsibility. Bob Hillary, Southwest Parkway, stated the new site for the west side is one and one-half to two miles from the previously considered site. This is not adequate enough. He believes the citizens of Wichita Falls would be willing to have it moved further out where it wouldn't bother any citizen of Wichita Falls. The human factor is the number one thing to be considered. Nick Seitz, Ponderosa Estates, stated they purchased their sites for retirement. Sometimes it becomes necessary to sell their land. He asked the Council to consider the health and traffic hazards. He also asked the Council to go back and reconsider a better location for all concerned. Howard Blow, 1409 Rosewood, stated everything bad has been placed on the east side of town. He urged the Council to reconsider putting the landfill on the east side from a moral standpoint. Tom Carter, #3 Donnie Circle, presented petitions against the landfill site at FM 369. The new site is in close proximity to the old site that had been considered. He felt the site on the west side is the same site as the last one. It is the same owner. Lois Allen, 605 Edison, stated she was concerned about trucks going across the overpass and trash blowing off. She did not want what little bit they had to be ruined. Mrs. Frank Krajca stated there would be a pollution hazard. Lonny Morrison, 2025 Berkeley Street, stated he represented various residents in the western portion of the city. He urged the Council to start looking for an alternate route. The east side group is 100 per cent correct in their objections to the access through Harding Street. Access is also available on Hwy. 79. The location of the 77 Ranch site is not as close to populated areas as on the west side. He stated there are three wells on the west side site as opposed to one on the east side site. They question the $500,000 that is included in the cost estimate for the pipeline relocation. The run off problem is present in both sites. There are erosion problems for both sites; however, more erosion would be in the western area because of more homes. He suggested locating the landfill away from the city and share the additional cost among all of us who produce trash. Everyone should share in that cost. People will see their property value lowered by $10,000 a home. He proposed that between the two sites, the 77 Ranch be chosen with an .alternate route as opposed to Harding Street because of the reduction in the number of home owners being affected. He also suggested finding another site and everyone sharing in part of that cost. Barbara Hansard, Hwy. 77 and 79, asked the Council to look at other places for the landfill other than the ranch site. Frank Douthitt, Rt. 1 , Henrietta, Commissioners Court of Clay County, appeared on behalf of citizens concerned about the landfill . He stated he did not know what effect the Wichita River would be on the east side site, but the water commission and health commission would be put on notice. He questioned the Council 's power outside Wichita County. If the Council voted to spend a large amount of money, Mr. Douthitt anticipated a recall petition. He stated further study on a landfill site is necessary. He asked the Council to consider the obstacles if the landfill is located in Clay County. Tommy Robinson, 708 Jalonic Street, stated he has lived on the east side for 40 years. He stated their property will decrease in value. It is also their health 42 Item 10a, cont'd. and welfare. It is time for some other citizens to share in this. We do not want your garbage, our garbage, or anyone else's garbage. He asked the Council to go back and research. Do not try to sell us this unjust thing again. H. W. Sanders stated the east side site will be on the McClellan ranch. It will be necessary to move the pipeline if this site is chosen. The 77 Ranch is one of the show places for a fine ranch. The fact that it adjoins a tract of land adjoining the dump will lower the value at least 25%. He does not agree that the east side location is the best location. There is a difference between the 77 Ranch and the McClellan ranch. The canyon runs into the Wichita River. If the river is polluted by the run off, we subject ourselves to a very heavy penalty. The east side location is not the location for the landfill . Theresa Reynolds , 6744 Southwest Parkway, requested the purchase of an incinerator, and asked the Council to look into other methods of getting rid of garbage. Lorna Higginbotham, 4503 Jennings, presented a petition with over 1600 signatures. She stated it will be less than five miles from a high school , a junior high school , and an elementary school , and less than one-half mile from a Baptist camp. She urged the Council to consider all this. Don Jennings stated he didn't know where to put the landfill . There would be a problem wherever it is located with uncovered trucks and trash on the roads. It would be bad to have flats on Seymour Hwy. Also, if the wind blows south to southwest, it would bring all the garbage from the whole town. Mr. Jennings stated the site should not be on the west side. Jim Gile, Hwy. 79, asked what happens when there is a fire if the landfill is located in Clay County? He also stated it would not make any difference if there is an alternate route. Gloria Taylor, 513 Duncan, stated it is not the City trucks that are causing problems. It is the individual that is hauling -trash. Herb Tabor, 2502 North Beverly, stated that this decision is a difficult one. No one wants a landfill site near their home. The issue is not a complex one. It could be summarized whether a predominantly white City Council will choose to place the dump site in a black area or a white area. The decision will determine whether the community will continually place everything unsightly and unsanitary in the black community. He stated he hoped the Council 's decision would not reflect this attitude. Ora Little, NAACP, stated there are beautiful homes on the east side and beautiful schools. This is a black-white thing. She asked the Council to be white in their decision. Kenneth Kramer, 4105 Seymour Hwy. , stated he also has property on Amherst. He is representing Ruth McClellan's one-half interest in the trust. One site will cost $1 million more than the other. He suggested putting the landfill out in an isolated area. This would be good for all people. Since there is going to be someone hurt on either side, go with the most economical site. Louise Parker stated she had been informed one could dump garbage within 2,000 feet of her front door. She was given the figure of 450,000 tons of furniture 2,000 feet from her front door. It is her home she is talking about. Reginald Robinson, Jr. , 613 Bonner, stated the Council has to make a decision on this matter today. He requested the Council not place themselves between the two entities. That would mean trouble. It would be one more incident that would cause a long, hot summer. He stated they do not have the financial power to hire attorneys. There is only one way to react. He asked the Council to find another site, even if it is further out. Hazel Burney, Wichita County-Clay County line appeared again. She asked the Council to think about the children. The public hearing was closed. Mayor Hill asked where is the site where no one could have any objections? 1 43 Item 10a, cont'd. City Manager Gerald Fox stated potential sites have been provided that would meet the State Department of Health regulations. The sites meet technical and economical criteria. The economical criteria deteriorates when it is moved further and further out. We use 100,000 tons of solid waste a year. We are creating our own problem. We have to solve our own problem. A sanitary landfill has to be located somewhere. Incinerators are costly. We can bury solid waste. The landfill is rigidly controlled by state regulations. Fencing, screening, etc. will have to be followed to operate a sanitary landfill . We intend to enforce the hauling of trash to and from the landfill according to local and state statutes. We found in no case did property values deteriorate. We find substantial land development around sanitary landfills. We have heard objections, but very little alternatives today. Mr. Fox stated we have operated two landfills for the past few years. One on the east side and one on the south side. We are talking about sites five to six miles outside the city. Mayor Hill stated he regretted a statement made where one party tried to put this on racial lines. This is not true. He stated if he was to vote for the east side site it would be because it is more sparsely settled. It is five miles out of town. We speak in terms of $1 million. This is a lot of money--5/8 of 1% of tax money. He stated he does not want this drawn on black and white lines. He would not do anything deliberately to the black side. He hoped he did not hear any more about this as long as he was Mayor of Wichita Falls. He stated he wants to do what is right. Alderman Hampton stated when he ran for Council he was elected by all the people at large. He has done his best to represent all of the people of Wichita Falls. He stated he heard equally good arguments and the same arguments for each side. If there is a difference of several million dollars for one proposed site as far as cost, stewardship has to be his main concern. 'RESOLUTION NO. 2529 RESOLUTION AUTHORIZING TECHNICAL EVALUATION OF PROPOSED SANITARY LANDFILL SITE, AND AUTHORIZING CITY MANAGER TO ACCEPT PROPOSAL BY HENNINGSON, DURHAM & RICHARDSON TO PROVIDE FURTHER ASSISTANCE IN CONNECTION WITH SANITARY LANDFILL STUDY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is hereby authorized to direct the Department of Public Works to proceed with a technical evaluation of Site C to determine if such site meets State Department of Health requirements. SECTION 2. The City Manager is further authorized to execute for the City of Wichita Falls acceptance of the May 7 , 1980, proposal by Henningson, Durham & Richardson to provide further assistance to the City of Wichita Falls in connection with the Sanitary Landfill study. Moved by Alderman Hampton that Resolution No. 2529, selecting Site C, otherwise known as the Parker Ranch Road site, be passed. Motion seconded by Alderman Thomas. Alderman Traywick stated there has been considerable pressure on the Council today. Perhaps there is an alternate site. The next nearest site is 162 miles away from the city. This would increase costs by $40 million. Alderman Thomas stated he did not believe there was any such place that could be agreed on. Any place chosen, people would have valid reasons why it shouldn't be there. Sixty-five percent of the garbage comes from the southwest part of the city. It comes down to economics rather than other considerations. Alderman Smith stated the decision has to be based on fact. The facts these people brought out today are imagined or fabricated. It has been proven it does not lessen property value. It is not a contest between east against west. What purpose would it serve to raise taxes to fight legal matters and still end up with the same site? 44 Item 10a, cont'd. Alderman Boston stated he has looked at the two sites. With the information available, everything equals out except economics. It is not a racial matter. He stated he, too, must decide on the most economical site, as proposed. Alderman Russell stated the statements made by the Council reflect her opinion. The faith the Council has in the staff, and faith that is forthcoming from the citizens of Wichita Falls, in their ability to operate and install a landfill site and abide to all regulations, will allay a lot of fears. The secret of success will lie in the way it is run and maintained. That is the goal we are striving for. The motion carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None ma, Ernest Lillard, Director of Public Works, stated the opinions expressed will make him and other staff members much more aware of the feelings of this community. He hoped to make this an ideal site. Item 15b, c, d, & e Bids were opened for the sale of $3.8 million in General Obligation Bonds, and $1 million in Water and Sewer Revenue Bonds. Harold McInroe and John Crew of First Southwest Company retired to the Council Conference Room to review and verify the bids, and report back to the Council later in the meeting. J`Item 11b Reverend Baxton Bryant, Wesley Methodist Church, appeared regarding extension of Weeks Street. He asked the City to pay one-half the cost of extending Weeks Street, the total cost of drainage improvements, and complete construction of Weeks Street to Jacksboro Hwy. Bob Mathews, Biggs & Mathews, stated the church would underwrite their part of the project. The church is requesting Weeks Street be incorporated in the next assessment paving program. Alderman Thomas asked if this street has a low priority in the assessment paving program? Ernest Lillard, Director of Public Works, stated this street does not serve any houses. It would be just for the traveling public. Houses that front on streets have a higher priority. Alderman Thomas stated that normally the developer, in this case the church, would pay the full cost of Weeks Street bordering their subdivision and all interior streets; the church would pay the cost of materials to concrete line the drainage ditch with the City providing the labor and equipment; and the church paying the full cost of utility extension to and within the subdivision. Reverend Bryant stated they are not coming as developers. Moved by Alderman Smith the City go ahead with the proposal as outlined. Motion seconded by Alderman Traywick. Alderman Thomas stated he could not vote for this because the next person would come up and say they want the same as what the church wanted. Mayor Hill stated this is an unusual situation. The motion carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, and Boston Nays: Aldermen Hampton and Thomas Item 15b, c, d, & e, cont'd. - - - - - - - - - At this time Harold McInroe and John Crew, First Southwest Company, returned with the bids for the sale of $3.8 million in General Obligation Bonds, and $1 million in Water and Sewer Revenue Bonds. 45 Item 15b, c, d, & e, cont d. Five bids were received on the General Obligation Bonds , and five bids were received on the Revenue Bonds. Mr. McInroe stated all bids conformed to the specifications. He recommended that Republic National Bank of Dallas, Harris Trust and Savings Bank, First National Bank of Chicago & Associates be awarded the bid for General Obligation Bonds; and, Dean Witter Reynolds , Inc. , be awarded the bid for Water and Sewer Revenue Bonds. Gerald Carlson, Chief Accounting Officer, questioned why the City was not allowed to cash the earnest money and earn interest on that money? Mr. McInroe stated the Good Faith check is held until the Purchaser performs his side of the bargain and then the check is cashed. ORDINANCE NO. 3667 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS. Moved by Alderman Thomas that Ordinance No. 3667 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays: None (Alderman Traywick was out of the room. ) ORDINANCE NO. 3668 ORDINANCE AUTHORIZING ISSUANCE OF WATER AND SEWER REVENUE BONDS. Moved by Alderman Thomas that Ordinance No. 3668 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Boston Nays: None (Alderman Traywick was out of the room. ) Item 12a A proposed ordinance was presented increasing the number of Fire Lieutenants by one. ORDINANCE NO. 3669 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TO INCREASE THE NUMBER OF FIRE LIEUTENANTS BY ONE, AND DECREASE NUMBER OF FIRE EQUIPMENT OPERATORS BY ONE. Moved by Alderman Thomas that Ordinance No. 3669 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 13a A proposed resolution was presented authorizing application to Urban Mass Transportation Administration for Section 8 planning assistance. RESOLUTION NO. 2530 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION AND EXECUTING CONTRACTUAL AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and 46 Item 13a WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U. S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is authorized to execute and file an application and execute contractual agreements on behalf of the City of Wichita Falls with the U. S. Department of Transportation, to aid in the financing of Section 8 Technical Studies Grant, Federal Catalog Number 20.505. SECTION 2. The City Manager, Gerald G. Fox, is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. SECTION 3. The City Manager is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application or the project. Moved by Alderman Thomas that Resolution No. 2530 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 13b A proposed resolution was presented establishing private golf cart use fee at Weeks Park Golf Course. RESOLUTION NO. 2531 RESOLUTION AMENDING RESOLUTION NO. 2212, SETTING FEE FOR USE OF PRIVATE GOLF CART ON WEEKS PARK GOLF COURSE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The title to Resolution No. 2212 is hereby amended to read as follows : "Resolution Establishing Fees for Weeks Park Golf Course." SECTION 2. Resolution No. 2212 is hereby amended by adding to the schedule of fees therein the following: "Fee for use of private golf cart, per 18 holes or part thereof. $2.50" SECTION 3. This resolution shall become effective upon its passage. Moved by Alderman Smith that Resolution No. 2531 be passed, amending the fee for use of private golf carts to $2.50. Motion seconded by Alderman Russell . City Manager Gerald Fox stated the Council instructed the golfing facilities to operate on a break-even basis. If the golf cart fee is not raised, the only other 47 Item 13b, cont'd. source is to raise green fees . Mayor Hill asked what the purpose was in raising the rates on retired people on a fixed income? It was pointed out most cities do not allow private golf carts. Alderman Smith stated the Parks Board had considered not allowing private carts and after a period of years phasing out private golf carts. Alderman Hampton stated this cart fee was used to take care of the damage done to the trails. Mayor Hill disagreed. He then asked what could be done when six people are playing in a group and two people are standing behind them waiting to play and the other group will not let them through to play? Bill Hursh, Director of Parks and Recreation, stated a part-time person is being considered to monitor this. The motion carried by the following vote. Ayes: Mayor Hill , Aldermen Russell , Smith, and Boston Nays: Aldermen Traywick, Thomas, and Hampton Item 13c A proposed resolution was presented amending the Weeks Park Golf Pro contract. /RESOLUTION NO. 2532 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT WITH JOE COLLINS, CONCERNING FEE FOR USE OF PRIVATE GOLF CART AT WEEKS PARK GOLF COURSE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Agreement, a copy of which is attached hereto, between the City of Wichita Falls and Joe Collins, concerning the fee for the use of private golf carts at Weeks Park golf course is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2532 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Russell , Smith, and Boston Nays: Aldermen Traywick, Thomas, and Hampton Item 14a A proposed resolution was presented authorizing final payment for fencing at Rosemont Cemetery and Weeks Park Golf Course. RESOLUTION NO. 2533 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTING CONSTRUCTION OF FENCING AT ROSEMONT CEMETERY AND WEEKS PARK GOLF COURSE. WHEREAS, the City of Wichita Falls and Wichita Ace Fence Co. , Inc. , as contractor, entered into a contract dated November 5, 1979, wherein said contractor agreed to construct certain fencing at Rosemont Cemetery and Weeks Park golf course; and, WHEREAS, the construction of such fencing has been completed in accordance with the plans and specifications; and, WHEREAS, the total contract price, based on unit prices and total units constructed, was $12,934.48, of which $11 ,641 .03 has been paid to the contractor, leaving a balance due of $1 ,293.45. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 48 Item 14a, cont'd. The construction of such fencing is accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the balance due as shown above. Moved by Alderman Thomas that Resolution No. 2533 be approved. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 14b A proposed resolution was presented authorizing final payment for monument repair at Rosemont Cemetery. RESOLUTION NO. 2534 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTING RESETTING OF MONUMENTS AT ROSEMONT CEMETERY. WHEREAS, the City of Wichita Falls and C & R Construction & Management Co. , as contractor, entered into a contract dated December 12, 1979, wherein said contractor agreed to reset the monuments at Rosemont Cemetery; and, WHEREAS, said resetting has been completed in accordance with the plans and specifications; and, WHEREAS, the total contract price, based on unit prices and total units reset, was $55,640.15, of which $49,478.50 has been paid to the contractor, leaving a balance due of $6,161 .65. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The resetting of such monuments at Rosemont Cemetery is accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the balance due as shown above. Moved by Alderman Hampton that Resolution No. 2534 be approved. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 14c A resolution was presented authorizing final payment for construction of maintenance shop at Kiwanis Park. RESOLUTION NO. 2535 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTING CONSTRUCTION OF MAINTENANCE BUILDING AT KIWANIS PARK. WHEREAS, the City of Wichita Falls and T. A. Litteken & Sons, Inc. , as contractor, entered into a contract dated December 19, 1979, wherein said contractor agreed to construct a maintenance building at Kiwanis Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and WHEREAS, the total contract price was $25,084, of which $22,575.60 has been paid to the contractor, leaving a balance due of $2,508.40. 49 Item 14c, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the maintenance building at Kiwanis Park is accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the balance due as shown above. Moved by Alderman Thomas that Resolution No. 2535 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 14d A proposed resolution was presented authorizing final payment for concession- restroom facilities at Scotland and Williams Parks. RESOLUTION NO. 2536 RESOLUTION APPROVING PAYMENT FOR AND ACCEPTING CONSTRUCTION OF CONCESSION- RESTROOM FACILITIES AT SCOTLAND PARK AND WILLIAMS PARK. WHEREAS, the City of Wichita Falls and F & W Construction Co. , as contractor, entered into a contract dated January 4, 1980, wherein said contractor agreed to construct three concession-restroom facilities, one each in Scotland Park, Williams Park and Loch Lomand Park; the contract price for each such facility was $47,900; and, WHEREAS, the construction of the two facilities in Scotland Park and Williams Park have been completed in accordance with the plans and specifications, but the facility in Loch Lomand Park will not be completed for some time; and, WHEREAS, it is deemed advisable to accept from the contractor the construction of the two completed facilities, and to pay the contract price for them, rather than waiting for the completion of the entire contract; and, WHEREAS, the contract price for the two facilities located in Scotland Park and Williams Park totals $95,800, and the City has heretofore paid the contractor toward the construction of these two facilities the sum of $74,430, leaving a balance due of $21 ,370 for these two facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the two concession-restroom facilities located at Scotland Park and Williams Park is accepted by the City of Wichita Falls, and the City Manager is directed to pay to said contractor the balance due for these two facilities as shown above. Bill Hursh, Director of Parks , stated a stall had been constructed too small ; however, the contractor would correct that at no charge. Also, a lock had been torn up by vandals and would have to be replaced. It was suggested the payment to F & W Construction be held until the corrections are made and then release the payment. Moved by Alderman Thomas that Resolution No. 2536 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None 50 The Board of Aldermen went into executive session to discuss personnel matters. At this time, Alderman Russell left the meeting. Upon reconvening, the following action was taken. Item 15a Moved by Alderman Thomas that Tim Fambrough be reappointed, and John Hirschi -' and Wheeler Smith be appointed to the Planning Board for terms to expire May 23, 1983. Motion seconded by Alderman Boston, and carried unanimously. Moved by Alderman Thomas that George Ross and Howard Watson be reappointed to the Board of Adjustments and Appeals for terms to expire May 23, 1982. Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that Joe Moer be appointed, and Mac Lovelace and Randy Kimbler be reappointed to the Board of Electrical Examiners for terms to expire May 23, 1982. Motion seconded by Alderman Smith, and carried unanimously. Moved by Alderman Thomas that Gene Probst and M. R. Naylor be reappointed to the Plumbing Advisory Board for terms to expire May 23, 1982. Motion seconded by Alderman Smith, and carried unanimously. The Board of Aldermen adjourned at 1 :05 P.M. PASSED AND APPROVED this �� day of i�/c , t_c.,� 1980. MAYORP R 0 T E M ATTEST: CITY CLERK THE STATE OF TEXAS COUNTY OF WICHITA FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF WICHITA FALLS AND JOE COLLINS This First Amendment to Agreement made and entered into this the 20th day of May, 1980, by and between the City of Wichita Falls and Joe Collins, WITNESSETH: The parties hereto do hereby mutually agree to amend their agreement dated April 1, 1980, as follows : Section 8 of such agreement is hereby amended to read as follows: "8 . Any private golf cart used on the course will conform to Parks Department requirements as to tire size and type, horsepower, gear ratio, speed and muffler. The use of private carts on the course will be charged a fee established by the Board of Aldermen, of which fee City will receive 2/3 and the Professional will receive 1/3. " IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year set out above. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox, City Manager ATTEST: City Clerk Approved as to form: City Attorney Joe Collins, Professional