Min 02/03/1981 269
Wichita Falls , Texas
Memorial Auditorium Building
February 3, 1981
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
Carol Russell Aldermen
Curtis Smith
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
John Hampton, Jr. Absent
James B. Thomas Absent
The invocation was given by E. B. Compton, Christ United Presbyterian
Church.
Item 3
Moved by Alderman Smith that minutes of the meetings held January 20 and
27, 1981 , be approved.
Motion seconded by Alderman Russell , and carried unanimously.
Items 4a - 6b
Item 5c was moved to the regular agenda.
Moved by Alderman Traywick that the remaining items on the consent agenda
be approved.
Motion seconded by Alderman Boston.
Item 4a
ORDINANCE NO. 3765
AN ORDINANCE RELEASING AND ABANDONING THE BLANKET UTILITY EASEMENT
IN LOT 2, BLOCK 26 OF THE MIDWESTERN PARK ADDITION TO THE CITY OF
WICHITA FALLS, TEXAS.
Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, and Boston
Nays : None
Item 5a
," RESOLUTION NO. 2726
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR
THE SANITARY LANDFILL, 1980-1982 CAPITAL IMPROVEMENT PROGRAM AND
AUTHORIZING EMPLOYMENT OF APPRAISERS.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
Section No. 1 : It is necessary to acquire the following described tracts
of land for the Sanitary Landfill , 1980-82 Capital Improvement Program to wit:
270
Item 5a, cont'd.
SANITARY LANDFILL
1980-82 Capital Improvement Program
91 .3 Acres, Block 9, South Side Farms, Wichita County, Texas
39.9 Acres, Block 13, South Side Farms , Wichita County, Texas
28.5 Acres, Block 9, South Side Farms, Wichita County, Texas
85.4 Acres , Block 12, South Side Farms, Wichita County, Texas
37.1 Acres, Block 11 , South Side Farms , Wichita County, Texas
33.8 Acres, Block 10, South Side Farms , Wichita County, Texas
Section No. 2: The City Manager is hereby authorized to employ appraisers
to appraise the property being acquired for the Sanitary Landfill , 1980-1982
Capital Improvement Program.
Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, and Boston
Nays: None
'Item 5b
RESOLUTION NO. 2727
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR
THE SANITATION TRANSFER STATION, 1980-82 CAPITAL IMPROVEMENT PROGRAM
AND AUTHORIZING EMPLOYMENT OF APPRAISERS.
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 following described tract of
land for the Sanitation Transfer Station, 1980-82 Capital Improvement Program
to wit:
SANITARY TRANSFER STATION
1980-82 Capital Improvement Program
A 21-Acre tract of land out of the Annie E. Cummins Survey, A-610
and Block 13, Denton County School Lands, A-53, Wichita County,
Texas . Being also a portion of the Burlington-Call Field Industrial
District.
Section No. 2 The City Manager is hereby authorized to employ appraisers
to appraise the property being acquired for the Sanitary Transfer Station, 1980-82
Capital Improvement Program.
Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, and Boston
Nays : None
Item 6a
Minutes of the meetings of the following boards and commissions were received.
a. Planning Board--January 14, 1981
b. Mayor's Commission on Status of Women--January 8, 1981
Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, and Boston
Nays: None
e Item 5c
A proposed resolution was presented authorizing the City Manager to execute
a contract with a consultant engineering firm for the design of the access road
and water supply system for the sanitary landfill .
271
Item 5c, cont'd.
Alderman Traywick asked Ernest Lillard to explain the characteristics of this
water supply system. He stated that water will come from the Wichita Valley Water
Supply Corporation. We will run a four-inch line and put in a storage tank of
25,000 to 30,000 gallons capacity. It will take care of our firefighting capabilities.
Alderman Traywick noted that he could not find a reference to the water
supply system in the contract. Mr. Lillard stated that perhaps it needs to be
revised somewhat.
.RESOLUTION NO. 2728
RESOLUTION APPROVING CONTRACT WITH BRANNON ENGINEERING, INC.
CONSULTING ENGINEERS FOR ENGINEERING SERVICES CONCERNING SANITARY
LANDFILL ACCESS ROAD AND WATER SUPPLY SYSTEM.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and Brannon Engineering, Inc. for engineering services in
connection with the Sanitary Landfill Road and Water Supply System, is hereby
approved, and the City Manager is authorized to execute the same for the City
of Wichita Falls.
Moved by Alderman Traywick that Resolution No. 2728 be passed, subject to
the contract being revised to include the language regarding the water supply
system in addition to the road to be constructed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, and Boston
Nays : None
,/ Item 7a
Discussion was held on a proposed ordinance waiving Section 2202.1 of the
building code to allow a facade extension onto street right-of-way.
A motion was made by Alderman Traywick and seconded by Alderman Smith that
the proposed ordinance be approved.
Alderman Russell requested additional information on the necessity of extending
the depth of the facade to preserve the terra cotta that is on the building. She
stated that she sees nothing in the ordinance to guarantee this.
The motion and second were withdrawn.
Moved by Alderman Russell that ..this ordinance be tabled until such time as
additional information is presented in the ordinance.
i
Motion seconded by Alderman Traywick, and carried unanimously.
Item 7b — —
A request was presented by Claude Martin to allow the Knights of Columbus
to use their license for the temporary sale of beer at a fund raising dinner to
raise scholarship money for the high schools in town. The Capri Club is the
sponsor. They propose to have the dinner on March 14, 1981 , from 5:00 P.M. to
8:30 P.M. at Our Lady Queen of Peace Parish Hall , 4040 York Street.
A motion was made by Alderman Russell for passage of an ordinance authorizing
a temporary license for this purpose; however, the motion died for lack of a second.
Item 8b — — — —
Lewis Croom, 4103 Judy Circle, stated that he retired from the weather bureau
last year. He stated that he has done extensive research on the Holliday Creek
program. He was told that Wichita Falls owns the 400 plus acres where the Big
Wichita joins Holliday Creek. He feels this could be used in setting up the landfill .
He would like this to be a consideration when the Holliday Creek program is presented.
d
9
272
Item 8b, cont'd.
Mrs. C. C. Jones, 1811 7th Street, asked what has been done regarding the
apartment building at Baylor and 7th Street which was proposed for MHMR?
City Manager Stuart Bach stated that Mr. Zug is trying to get an extension
from HUD, but he has not had any word on it from them. Alderman Traywick stated
that condemnation proceedings have been abated. Mayor Hill stated that he believes
they are looking for another place. Mrs. Jones believes the people who are buying
it would want to build on it. Alderman Traywick stated that he would want to give
MHMR time to receive an answer on their extension.
Bob Coburn, owner of Gold Cross Ambulance, noted that bids have to be in by
February 16 on the ambulance service. A financial statement certified by a CPA
is required to accompany the bid. Right now is the peak season for all CPA's.
It will take 30 days for them to prepare a financial statement. If a CPA were
to pull off his regular work to do his financial statement it would cost a lot
more than it normally would. There is no way he can get a bid in by February 15.
Mr. Coburn stated that the fifteen percent increase recently given is not
enough. The 45-day extension should be changed to an interim contract for that
period of time. He feels it should be worked out so that both parties agree,
and not just one party. He does not feel they can expect him to continue losing
that amount of money for that 45 days.
City Manager Stuart Bach noted that $6500 was included as salary for himself
and his wife for a month and a half. This was not done before. If this item
were taken out, a profit of $2,150 would be shown. Mr. Coburn pointed out that
they are a part of the company, and a secretary has a right to be paid.
The City Manager stated that we are prepared to exercise some of the
alternatives we have to provide ambulance service to the City.
Alderman Traywick stated that Mr. Coburn should be allowed to take a salary.
If his figures are correct, then perhaps we should allow another small increase.
The City Manager stated that to give a rate increase of any substance, financial
statements must be available. If the increase was raised too much, the bids might
come in less than the interim increase, and this would make us look bad.
Mr. Coburn stated that the City has had six months to get something done;
that he was put on the back burner so they could work on the All American City project.
It is not reasonable to think that he would take a loss while they are trying to
find someone to bid on it. He is obligated until March 2. After March 2, and
until April 15, he is concerned about the loss.
Alderman Smith stated that perhaps Mr. Coburn should have been in before
asking for a raise. He would not be opposed to giving an extension of time, and
also an increase. Alderman Traywick stated that if we could get a financial
statement to coincide with the March 2 date, he would be in favor of that. The
City Manager pointed out that we need adequate financial information on which to
base a decision.
Mr. Coburn stated that his bookkeeper is not a CPA. He provides a profit and
loss statement each month. He does not see why that would not be accpetable unless
they think it has been altered. Alderman Traywick stated that it is not a matter
of raising a question on this, but feels we need a professional to prepare this
statement.
Gerald Carlson, Chief Accounting Officer, pointed out that initially to verify
a balance, it is important that we have an audit.
Mr. Coburn stated that it would be virtually impossible for him to continue the
45-day extension without a rate increase now.
This matter was not a part of the posted agenda for this meeting, and nothing
official can be done today. The staff was requested to prepare appropriate measures
to work this out.
273
Item 8b, cont'd.
Frank Griffin, 1515 31st, appeared regarding the cleanliness of our city.
He cited two houses in the 1200 block of 35th Street, and one at 1513 31st
which badly need to be cleaned up. Mayor Hill stated that someone would be
out to check it.
J. C. Boyd, Jr. , Executive Director of Midtown Now, stated that he had
talked to Dick Bundy concerning the Staley Building, and that it was his intention
to preserve the terra cotta where possible. It is not suitable to keep on the
first two floors because of damage, but is suitable on the floors above. They
are looking at marble on the first two floors. They are willing and planning to
preserve all they can.
Lewis Croom asked if a signal light could be installed at Tanglewood and
✓ Allen Drive and Highway 82? He stated that it is difficult to get out of Tanglewood.
The Board of Aldermen recessed at 9:55 for an executive session to discuss
personnel . The meeting resumed at 10:35 A.M.
'Item 8a
k Moved by Alderman Smith that Gloria Lyday be appointed to the Arts Commission,
term to expire April 1982. (replacing Steve Gose) .
Motion seconded by Alderman Russell , and carried unanimously.
Moved by Alderman Smith that Howard Morris and Max Andrews be appointed
to the Traffic Safety Council for terms to expire July 1 , 1981 . (These appoint-
ments replace Waynette Alexander and Tom Schrandt) .
Motion seconded by Alderman Traywick, and carried unanimously.
Moved by Alderman Smith that Bill Spears be appointed to the Museum Board
for a term to expire September 30, 1982. (replacing Gene Swartz)
Motion seconded by Alderman Boston, and carried unanimously.
Moved by Alderman Smith that the following be appointed to the Human Relations
' Commission.
a. James Irl Montgomery--2-year term
b. Art Beyer--Chairman--3-year term
c. Peggy Robinson--3-year term
d. Ramona Rodriguez--3-year term
(The term of Harold Jones was changed to one year. Warren Silver, Otis Polk,
Pete Martinez, and Bob Brown declined previous appointment) .
Motion seconded by Alderman Russell , and carried unanimously.
Moved by Alderman Smith that Dorothy Roberts be appointed as an ex officio
member of the Mayor's Commission on the Status of Women, term to expire September
30, 1981 .
Motion seconded by Alderman Russell , and carried unanimously.
Mrs. Pace appeared concerning the lots on 7th Street. Mayor Hill stated
that MHMR is in the process of looking for other property. The City Manager
explained that MHMR is still trying to obtain an extension from HUD. She'
stated that this is creating a hardship on their lots, and requested that the
City release them. She felt that the City already has lots which could be used.
The City Manager stated that certain criteria must be met, and the City's
property does not meet the criteria. It must be close to hospital facilities,
grocery stores, etc.
Mrs. Pace stated that this is creating a hardship on Dr. Kinnard. They are
ready to go.
MPtj
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274
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Item 8a, cont'd.
The Council directed the City Manager to talk with Mr. Zug, and work out something
on release of these lots.
Mayor Hill asked for a full report on the police incident of the junior high
girls being picked up without the knowledge of their parents, and then not being
notified. They were taken to the Police Station, searched, and not charged.
Mayor Hill requested the City Manager to check into Vista Cablevision advertising
installation free of charge if service is taken with the first month in which it is
offered to a person.
Mayor Hill asked why we are letting $500 per boring slow us up on going ahead
with progress on Ringgold Lake? Joe Smith, Director of Public Utilities , stated
that we are trying to get this as cheap as possible. Mr. Neal has been in the
hospital , and he has been handling it.
Alderman Russell complimented the staff on the Budget and Activities Summary,
stating that it is an impressive document, and very well done.
Alderman Smith wished Gerald Carlson all the best in his new endeavor in the
City of Norman, stating that he appreciated all the accounting refinements made
for the city here.
The Board of Aldermen adjourned at 10:50 A.M.
PASSED AND APPROVED this /7 t/v day of� 1981 .
MAYOR
ATTEST:
CITY CLERK
4W
STATE OF TEXAS
COUNTY OF WICHITA
This agreement made and entered into thei day
off_., 1981 by and between the City of
Wichita Falls Wichita County , Texas , hereinafter called
the "Owner" , and the firm of Brannon Engineering , Inc . ,
Wichita Falls , Texas , hereinafter called "Engineer" .
WHEREAS , the Owner intends to construct a road and
water supply system from State Highway 258 North to proposed
Sanitary Landfill Site , and the Engineer agrees to perform
the professional engineering services required by the Owner .
THEREFORE, the Owner and Engineer in consideration of
their mutual covenants herein agree in respect of the
performance of professional engineering services by Engineer
and the payment for those services by Owner , as set forth
below.
I .
The Owner hereby retains the Engineer for all engineer-
ing services required in the construction of the proposed
road and water supply system.
II .
The Engineer shall perform the following professional
services necessary for the construction of the proposed
road and water supply system as follows :
A. Preliminary Phase
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( 1 ) Attend preliminary conferences with the Owner
regarding the proposed road and water supply
system.
B. Design Phase
( 1 ) Establish the scope , and advise the Owner, of
any soil and foundation investigations on any
special surveys or special testing which, in the
opinion of the Engineer, may be required for the
proper execution of the project; and arrange with
the Owner for the conduct of such investigations
and tests at the Owners expense .
( 2) Furnish to the Owner engineering data necessary
for applications for routine permits by local ,
state , and federal authorities.
( 3) Perform field surveys to collect information
which, in the opinion of the Engineer, is re-
quired in the design of the project.
(4) Prepare detailed plans , specifications , and
contract documents for project.
( 5) Prepare cost estimates and project quantities .
( 6) Furnish to the Owner all necessary copies of
approved contract documents including notices
to bidders and proposals .
C . Construction Phase
( 1 ) Assist the Owner in the advertisement of the
project for bids .
-2-
( 2) Assist the Owner in the opening and tabulation
of bids for construction of the project, and
recommend to the Owner as to the proper action
on all proposals received.
(3) Assist in the preparation of formal contract
documents .for construction contracts .
(4) Make periodic visits to the site ( as destinguished
from the continuous services of a resident Project
Representative ) to observe the progress and
quality of the executed work and to determine in
general if the work is proceeding in accordance
with contract documents . In performing this
service , the Engineer will not be required to
make exhaustive or continuous on-site inspections
to check the quality or quantity of the work or
material ; he will not be responsible for the ,
techniques and sequences of construction or the
safety precautions incident hereto , and he will
not be responsible or liable in any degree for
the contractor ' s failure to perform the construction
work in accordance with the contract documents .
( 5) Consult and advise with the Owner and prepare
routine change orders as required .
( 6) Prepare or review monthly and final estimates for
Owner's payments to contractors.
( 7) Conduct, in company with the Owner, a final
inspection of the project.
-3-
( 8) Revise contract drawings, with assistance of
the resident Project Representative , to provide
record drawings of the completed project, and
furnish one ( 1 ) reproducible set of construction
drawings to the Owner.
III .
For the services performed under the Preliminary
Phase , the compensation to the Engineer shall be a
maximum of $500.
For the services performed under the Design Phase and
Construction Phase , the compensation to the Engineer shall
be expressed as a percent of the total cost of all constuction
for which preparation of plans and specifications are
authorized at one time and shall be determined using the fee
schedule provided in the General Engineering Services
Manual published in 1972 by the Consulting Engineers Council
of Texas and the Texas Society of Professional Engineers .
Curve "B" shall apply to the project.
Upon completion of detailed plans and specifications,
eighty percent ( 80%) of the total fee shall be due and
payable . The remaining twenty percent ( 20%) shall be paid
during construction in proportion to the Contractor' s
earning.
For special services such as court litigation and
other miscellaneous services not outlined in Section II ,
the Engineer shall be compensated on the basis of actual
salary cost times a multiplier of 2 . 00; direct expenses
and subcontract costs incurred shall be reimbursed at
actual cost times a multiplier of 1 . 10. Statements for
services in this category shall be rendered monthly and
-4-
and payment shall be due not less than thirty ( 30) days
after submission of statement .
IV .
The compensation provided herein shall not include
field surveys to collect information required for design;
services of a resident Project Representative for on-the-
site observation of construction; land surveys; right-of-
way surveys; preparation of property or easement descriptions ;
appearance before regulatory agencies; soil and foundation
investigations; mill, shop, and/or laboratory inspection of
materials or equipment; calculations of special assessments ;
or the furnishing of construction line and grade surveys.
If the Owner elects to have Engineer furnish services
of a resident Project Representative for continious on-the-
site observation of construction or the furnishing of
construction line and grade surveys , the Engineer will
furnish this service at the actual salary cost times a
multiplier of 1 . 75 ; direct expenses and subcontract cost
incurred shall be reimbursed at actual cost times a multiplier
of 1 .10.
If the Engineer shall be required to render additional
services because of changes , or delays, or other causes
beyond his control , then the Engineer shall be compensated
for such additional services on the basis of actual salary
cost of such additional services times a multiplier of 2 . 00,
with direct expense reimbursed at actual cost times a
multiplier of 1 .10.
V.
Either party to this Agreement may terminate the
-5-
. Agreement by giving the other thirty ( 30) days notice in
writing. Upon delivery of such notice by the Owner to the
Engineer, the Engineer shall discontinue all services in
connection with the performance of this Agreement and shall
proceed to cancel promptly all existing orders and contracts
insofar as such orders or contracts are chargeable to this
Agreement. As soon as practicable after receipt of notice
of termination, the Engineer shall submit a statement,
showing the services performed under this Agreement to the
date of termination. The Owner- shall then pay the Engineer
promptly that proportion of the prescribed char-es which the
services actually performed under this Agreement bear to the
total services called for under this Agreement, less such
payments on account of the charges as have been previously
made .
IN WITNESS HEREOF , the City of Wichita Falls, Texas has
caused this agreement to be executed by its City Manager and
attested by its City Clerk, and Brannon Engineering, Inc . ,
has caused this agreement to be executed by its President
and its Secretary, with all such executions being in
quadruplicate , and each of which shall constitute an
original .
jA.j,r,j* v^1 ns to Fo,�mi CITY OF WICHITA FALLS
GG Manager
ATTEST:
City Clerk
ATTEST BRANNON ENGINEERING , INC .
Secretary Michael D. Brannon, P.E. , President
i Registered Professional Engineer
No . 39769
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