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Min 08/19/1980 134 Wichita Falls, Texas Memorial Auditorium Building August 19, 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 James B. Thomas Horace 0. Boston Robert D. Haley Acting City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Alderman Thomas Item 3 Moved by Alderman Thomas that minutes of the meeting held August 12, 1980, be approved. Motion seconded by Alderman Hampton, and carried unanimously. ✓ Item 4a ✓ORDINANCE NO. 3713 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Thomas that Ordinance No. 3713 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 Items 4b - 8c Moved by Alderman Thomas that Items 4b through 8c on the consent agenda be approved. Motion seconded by Alderman Boston. Item 4b J ORDINANCE NO. 3714 AN ORDINANCE AMENDING SUBPARAGRAPH (d) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None ✓ Item 4c ✓ORDINANCE NO. 3715 AN ORDINANCE AMENDING SUBPARAGRAPH (c) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS. 135 Item 4c, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None %Item 5a ✓RESOLUTION NO. 2606 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND PAYMENT OF RELOCATION EXPENSES FOR THE WICHITA RIVER GREENBELT IMPROVEMENT PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Wichita River Greenbelt Improvements Project; and, WHEREAS, such properties have been appraised by an Independent Appraiser employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas : WICHITA RIVER GREENBELT IMPROVEMENT PROJECT Lots 1 , 2, 3, Block 4, Breaux Addition 3.3 Acres, Breaux Addition 1 .5 Acres, Block 7, Breauz Addition 1 Acre Block 5, Breaux Addition 2.3 Acres, Block 6, Breaux Addition 7.4 Acres, Scotland Gardens No. 2 E. 50' of Lot 1 , Blk. D, Scotland Gardens No. 1 Lot 2 & W. 12.8 of Lot 1 , Blk. D, Scotland Gardens No. 1 Lots 4, Thru 7, Less ROW, Blk. D, Scotland Gardens No. 1 Lot 8-A Thru Lots 13-A, Blk. B. Scotland Gardens Lot 3, Block D, Scotland Gardens No. 1 Lot 6-B Thru 13-B, Blk. B, Scotland Gardens No. 1 Lots 6-6A, 7-7A, Blk. B, Scotland Gardens No. 1 E. 50' Lots 2, 3 & 4, Blk. A, Scotland Gardens No. 1 W 100' of Lot 2, Blk. A, Scotland Gardens No. 1 W. 100' of Lots 3, Blk. A, Scotland Gardens No. 1 W. 100' of Lot 4, Blk. A, Scotland Gardens No. 1 Lot 5, Block A, Scotland Gardens No. 1 Lots 1 , 2, 3, Block 38, Scotland Addition Lot 22 & S-1/2 of 23 & 24, Block 38, Scotland Addn. 136 Item 5a, cont'd. N-1/2 Lots 23 & 24, Blk. 38, Scotland Addn. Lots 23 & 24, Block 35, Scotland Addition Lot 1 , Block A, Scotland Gardens No. 1 Lot 8 & 9, Block B, Scotland Gardens No. 1 Lot 10, Block B, Scotland Gardens No. 1 Lot 11 , Block B, Scotland Gardens No. 1 Lot 12, Block B, Scotland Gardens No. 1 Lot 13, Block B, Scotland Gardens No. 1 Total Values approved in this resolution--------------------------------$177,570. Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls ; Texas . He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5b v' RESOLUTION NO. 2607 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND PAYMENT OF RELOCATION EXPENSES FOR THE MIDTOWN "2000" IMPROVEMENT PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for Midtown "2000" Improvement Project; and, WHEREAS, such properties have been appraised by an Independent appraiser employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas : MIDTOWN "2000" IMPROVEMENT PROGRAM E-1/2 of Lot 1 , Blk. 163, Original Townsite 137 Item 5b, cont'd. S-10' , E-1/2 Lot 2, E-5' x 75' of N 1/2 Lot 3 Block 163, Original Townsite W-1/2 of N 5' Lot 3, Block 163, Original Town S-20' of N 1/2 Lot 3, Block 163, Original Town S-1/2 of Lot 3, Block 163, Original Townsite S-1/2 of Lot 5, Block 163, Original Townsite Total values approved in this resolution-------------------------$26,500. Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls, Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None V Item 6a " RESOLUTION NO. 2608 RESOLUTION APPROVING FINAL PAYMENT FOR THE 1979 STREET RECONSTRUCTION - LIME STABILIZATION PROGRAM. WHEREAS, the contractor has completed work on the 1979 Street Reconstruction - Lime Stabilization Program, and such work has been accepted by the City of Wichita Falls ; and, WHEREAS, the contract for such work was based on unit prices for estimated quantities; on this basis. It was originally estimated that the total cost of the contract would be $257,400.00; and, WHEREAS, the actual quantities used in the project was less than the quantities which were originally estimated; therefore, the total amount of the contract based on the unit prices applied to the actual quantities is $246,701 .80. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The total amount due such contractor on the 1979 Street Reconstruction - Lime Stabilization Program is $246,701 .80, and the City Manager is authorized to make final payment to such contractor based on this amount. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None 138 ✓Item 6b RESOLUTION NO. 2609 RESOLUTION APPROVING FINAL PAYMENT FOR THE PLUM CREEK DRAINAGE PROJECT. WHEREAS, the contractor has completed work on the Plum Creek Drainage Project, and such work has been accepted by the City of Wichita Falls; and, WHEREAS, the contract for such work was based on unit prices for estimated quantities, on this basis, it was originally estimated that the total cost of the contract would $208,055.55; and, WHEREAS, the actual quantities used in the project was less than the quantities which were originally estimated; therefore, the total amount of the contract based on the unit prices applied to the actual quantities is $207,077.92. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: The total amount due such contractor on the Plum Creek Drainage Project is $207,007.92, and the City Manager is authorized to make final payment to such contractor based on this amount. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None /Item 7a Authority was granted to advertise for bids for an annual supply of oil and grease for all city departments. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None /Item 7b Authority was granted to advertise for bids for an elevating scraper for landfill use. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 8 Minutes of the meetings of the following boards and commissions were received. a. Traffic Commission - August 12, 1980 b. Park Board - August 5, 1980 c. Human Relations Commission - July 28, 1980 Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Aldermen Russell and Hampton inquired concerning the parking lot in Midtown. Director of Planning Roger McKinney stated that it is located across the street (west side) from the farmers ' market on Ohio Street. There are no structures on these properties. ✓Item 9a Myrtle Lambert, an employee in the Property Agent's office, was honored as Employee of the Month for August. Mayor Hill presented her with a plaque and two tickets each to a theatre and dinner. 139 ,, Item 9b Stan Thomas, 2314 Kings Highway, stated that he would like the streets repaired at Lake Arrowhead on the East side of the lake. He stated that nothing has been done to Crow in the last two years. Alan Whitmire, Parks and Recreation Superintendent, stated that they have patched holes out there. The item proposed in the budget would be a resurfacing project covering the East and West sides. He stated that we receive $31 ,000 annually in lease payments from these lots. Mayor Hill inquired if these lease payments are the same as they have always been, stating that if we are to maintain roads out there then perhaps we should raise the lease payments. Stan Thomas stated that many of the leaseholders live and work in Wichita Falls , and pay taxes here. Mrs. Stan Thomas also commented that almost nothing has been done to the streets out there. Director of Public Works Ernest Lillard stated that they spend $8,000 to $10,000 a year on West Arrowhead Drive because our trucks are tearing up the road by hauling sandstone out of there. Mayor Hill suggested that the City Attorney look at the lease agreement very i/ closely to see if we are tied to this rate. Alderman Smith commented on a possible special assessment to help pay for this. Alderman Hampton stated that he empathizes with them, and feels the City did not live up to moral obligations in regard to building code enforcement. He stated that he leased a lot out there in the beginning, but that he is no longer a lake lot renter for this and other reasons. He also mentioned roads. He feels the City's intent was honest in bringing this into the city limits, and the taxes would help pay for it. It will be tough to come up with $80,000 to pay for maintenance of these streets. Stan Thomas stated that he was not in favor of getting out of the city limits even though they did not have many of the services which city residents have. He stated that he felt a study should be made to see where the $31 ,000 is going. He does not believe it has been used out there. He noted a letter from his attorney, John Copeland. The Council stated that they have a copy of it. Item l0a A proposed appropriation ordinance was presented to cover motor vehicle and landfill equipment maintenance costs. The Council asked where this money will come from? Dane Bennett, Budget Director, stated that there are surplus monies available for this. It was not anticipated that the 20 train-type sanitation vehicles would cost us this much money. These figures have been cranked into next year's budget. ORDINANCE NO. 3716 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Traywick that Ordinance No. 3716 be passed. Motion seconded by Alderman Thomas. Alderman Traywick asked what we are doing to offset these costs? Ernest Lillard, Director of Public Works, stated that three side-loading power units were ordered last November which have not been delivered. He feels that in two years after this year they will have their equipment completely updated. Dane Bennett stated that they have estimated $1 .65 per gallon for gasoline next year. He is recommending that these monies be frozen for use for that particular purpose only. The motion carried by the following vote. 140 Item 10a, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None VItem 10b A proposed appropriation ordinance was presented to fund various public utilities departments for remainder of the present fiscal year. Joe Smith, Director of Public Utilities, stated that these figures are for sewer and maintenance of the motor vehicles due to more main breaks. Sanitary sewer was under estimated on sewer costs, and electricity costs. We are pumping two and one-half million gallons per day more than we were this time last year. Mayor Hill asked if we have this kind of money? Gerald Carlson, Chief Accounting Officer, stated that we are right where we should be at this time. He feels that the water billed in August and September will exceed the estimated revenues in the water and sewer revenue fund. ORDINANCE NO. 3717 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Traywick that Ordinance No. 3717 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 10c A proposed appropriation ordinance was presented for payment of judgment in favor of Rufus Ramos. ORDINANCE NO. 3718 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3718 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 1Od A proposed ordinance was presented to fund city participation in Texas Municipal League consortium to contest Southwestern Bell Telephone rate case. Alderman Hampton wondered if we might get this back, as we did in the Texas Electric case? City Attorney H. P. Hodge, Jr. stated that he feels the City might be in a position to be reimbursed. ORDINANCE NO. 3719 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Traywick that Ordinance No. 3719 be passed. Motion seconded by Alderman Russell , and carried by the following vote. 141 Item lOd, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item Ila A proposed ordinance was presented waiving a section of the Code of Ordinances to allow the sale of beer at Lucy Park on October 18, 1980, for a chili championship to benefit the Board of Commerce and Industry. ORDINANCE NO. 3720 ORDINANCE WAIVING SECTION 22-1 OF THE CODE OF ORDINANCES AND ORDINANCE NO. 3363 TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER IN LUCY PARK AT CHILI CHAMPIONSHIP ON OCTOBER 18, 1980. Moved by Alderman Hampton that Ordinance No. 3720 be passed. Motion seconded by Alderman Russell . Alderman Thomas did not feel that we should waive the fee for the BCI because of possible discrimination charges. Alderman Smith noted that we are getting so many requests for waivers of the ordinance, and the fees, that the Park Board should take a look at some type of policy on it. The motion carried by the following vote. Ayes: Aldermen Hampton, Russell , Smith, and Boston Nays: Mayor Hill , Aldermen Traywick and Thomas r%Item 12a Discussion was held on a request to waive golf fees for a Mexican-American Golf Association tournament. Alderman Thomas stated that we have an established practice to cut fees in half for tournaments, but these people want to have the fees waived entirely. Alderman Traywick inquired if this is a chartered operation, and do they operate on a non-profit basis? Bill Hursh stated that he did not know. Alderman Smith desired that the Park Board address these requests at the next meeting. Alderman Hampton was in agreement. Moved by Alderman Traywick that no action be taken on this matter. Motion seconded by Alderman Smith, and carried unanimously. 4 Item 12b A proposed resolution was presented authorizing the City Manager to execute a contract for repairs to Fire Station No. 1 . RESOLUTION NO. 2610 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JOE B. ROBERTS FOR ARCHITECTURAL SERVICES FOR ROOF REPAIR OF FIRE STATION NO. 1 . WHEREAS, Joe B. Roberts is desirous of entering into a contract with the City for architectural services in connection with the roof repair of Fire Station No. 1 ; and, 142 Item 12b, cont'd. WHEREAS, Joe B. Roberts has proposed to perform the necessary architectural and engineering supervisory work for the roof repair of Fire Station No. 1 for a fee of $2,000.00; and, WHEREAS, the Board of Aldermen finds that Joe B. Roberts is a fully qualified architect and that the proposed fee for performance of architectural services is acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute a contract known as AIA Document B727, Standard Form of Agreement Between Owner and Architect (1972 Edition) , for the performance of architectural services , including design, administration of the building contract and supervision of construction, for Fire Station No. 1 located at the intersection of Tenth and Bluff, for the fee of $2,000.00. Moved by Alderman Thomas that Resolution No. 2610 be passed, inserting the fee of $2,000.00. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 13a Discussion was held on general liability insurance and police professional liability insurance. Alderman Thomas stated that he is opposed to taking any action on the general liability insurance until they have done further study. Alderman Traywick stated we would insure the total risk and set up the liability rather than not insuring all of our exposure. Mark Wilson, Risk Management Administrator, stated that there is not a source available for the catastrophic insurance. We either spend $94,000 per year to cover the exposure, or make ourselves self-insured by establishing a $100,000 reserve fund. Alderman Thomas suggested that we explore what other cities have done in this area. If someone has solved this matter some other way, he would like to hear it. Moved by Alderman Thomas that we purchase the liability protection for police from Unimark-McDonald at an annual premium of $23,323. Motion seconded by Alderman Smith, and carried unanimously. Mark Wilson stated that the earliest the fleet insurance can become effective ✓ is September 1 . No penalty will be involved. The Council agreed to this. Mayor Hill announced a work session on the landfill and budget following adjournment. There will also be an executive session to discuss legal matters after this. The Board of Aldermen adjourned at 9:55 A.M. PASSED AND APPROVED this 4—Z/6,day of �-c G U 1980. ATTEST: '�` kY CITY CLERK