Loading...
Min 03/03/1981 i 287 Wichita Falls, Texas Memorial Auditorium Building March 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 James B. Thomas Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Art Dewitt Assistant Accounting Officer Wilma J. Thomas City Clerk John Hampton, Jr. Absent Curtis Smith Absent The invocation was given by Dave Bryant, Bible Baptist Church. Item 3 Moved by Alderman Thomas that minutes of the meeting held February 17, 1981 , be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 9f Moved by Alderman Russell that the consent agenda be approved. Motion seconded by Alderman Boston. ✓ Item 4a ✓ORDINANCE NO. 3778 ORDINANCE AMENDING ORDINANCE NO. 3757, WHICH AUTHORIZED THE POLICE DEPARTMENT OR MEMBERS THEREOF TO IMPOUND CERTAIN VEHICLES, TO MAKE MINOR CORRECTIONS IN SUCH ORDINANCE. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays: None ✓"Item 4b v ORDINANCE NO. 3779 AN ORDINANCE AMENDING PARAGRAPH (AD) OF SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays : None ✓Item 4c ORDINANCE NO. 3780 AN ORDINANCE AMENDING SUBPARAGRAPH (c) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS. i 288 Item 4c, cont'd. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays : None v' Item 4d ✓ORDINANCE NO. 3781 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF PUBLIC WALK BETWEEN LOT 2-B, BLOCK N AND LOT 9-A, BLOCK 0, CITY VIEW HEIGHTS, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays: None Item 5a ✓RESOLUTION NO. 2734 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE FINAL PLAT OF LOT 1 , Y.M.C.A. ADDITION. WHEREAS, the YMCA of Wichita Falls plans to construct a Family Branch YMCA in the south portion of the City, and has chosen as a location a tract of approximately ten acres owned by Midwestern State University immediately south of Weeks Park; and, WHEREAS, if such Family Branch YMCA is to be built at this location, approximately one-fifth of an acre at the south end of Weeks Park, lying between Southwest Parkway and the proposed location is proposed for ingress and egress and overflow parking; and, WHEREAS, the Planning Board in accordance with the Comprehensive Subdivision Ordinance, No. 2118 has approved a final plat of Lot 1 , Y.M.C.A. Addition conditioned on the dedication, as public right-of-way, of the said one-fifth of an acre. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen hereby authorizes the City Manager to sign the final plat of Lot 1 , Y.M.C.A. dedicating said one-fifth of an acre as public right-of-way. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas , and Boston Nays: None vZtem 5b RESOLUTION NO. 2735 RESOLUTION APPROVING CONTRACT WITH BIGGS AND MATHEWS, INC. FOR ENGINEERING SERVICES CONCERNING THE WEEKS STREET EXTENSION. 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 Biggs and Mathews, Inc. for engineering services in connection with the extension of Weeks Street from Wesley Methodist Church to Jacksboro Highway, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. The contract shall further provide that the fee payable thereunder shall not exceed $1 ,950.00. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays: None ✓Item 6a Award of bid was considered for one three-wheel scooter for the Parking Meter Division. Alderman Thomas commented about receiving only one bid. Jack Griffin, Acting Director of Traffic, stated that Watson Distributing Company is about the only 289 Item 6a, cont'd. distributor in Texas. Everyone else has to buy from him. The bid is $200.00 more than last year. The bid was awarded to Watson Distributing Company, Dallas , in the amount of $5,225.00. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays : None V Item 7a ✓RESOLUTION NO. 2736 RESOLUTION APPROVING CHANGE ORDER #1 AND FINAL PAYMENT FOR THE UTILITY ADJUSTMENTS AND RELOCATIONS AT VARIOUS LOCATIONS IN SUPPORT OF CD PAVING PROGRAM. WHEREAS, the City of Wichita Falls and Bowles Construction Company, as contractor, entered into a contract dated April 1 , 1980 for the various utility adjustments in the City of Wichita Falls; and, WHEREAS, the work is completed and Change Order #1 in the amount of $372.61 is the final adjustment of unit quantities which will increase the contract price to a final value of $62,050.25. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order #1 to the contract dated April 1 , 1980 with Bowles Construction f Company and final payment of $12,200.93 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls, and to pay the I final payment to the contractor. F Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays : None 'Item 7b RESOLUTION NO. 2737 RESOLUTION APPROVING PAYMENT TO NFS/NATIONAL SOIL SERVICES, INC. FOR SERVICES CONCERNING LANDFILLS AND SOLID WASTE TRANSFER STATION. WHEREAS, heretofore the firm of NFS/National Soil Services, Inc. was employed by the City of Wichita Falls to provide certain engineering services for geotechnical investigations concerning the proposed new sanitary landfill sites; and, WHEREAS, it also became necessary to obtain engineering services for geotechnical investigations on the tornado landfill and the proposed solid waste transfer station, and for professional services of an expert witness at the Department of Health 's public hearing on the proposed landfill , and these services were provided by NFS/ National Soil Services, Inc. ; and, WHEREAS, the total fee for these services is $5,876.57, and these services were necessary in regard to the applications for permits for the new sanitary landfill and the new solid waste transfer station. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized and directed to pay to NFS/National Soil Services, Inc. for such services the total sum of $5,876.57. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays: None Item 8a Authority was granted to advertise for bids for water and sewer facilities on Lake Shore Drive. i i 290 Item 8a, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays: None "Item 8b Authority was granted to advertise for bids for the 1981 street surface overlay program. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas , and Boston Nays: None Item 8c Authority was granted to advertise for bids for a crawler tractor for the landfill . Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays : None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Planning Board--February 11 , 1981 b. Board of Electrical Examiners--February 12, 1981 c. Traffic Commission--February 10, 1981 d. Arts Commission--February 17, 1981 e. Mayor's Commission on Status of Women--February 5, 1981 f. Parks Board--January 29, 1981 Alderman Thomas asked why we need an outside engineer to construct a road in Hamilton Park that is already there? Bill Hursh explained that the roads are old and need some redesign. Ernest Lillard stated that if curb and gutter are put in, they have to design grade and alignment to make sure it will drain property, and will not be destroyed because of the lack of drainage. The road will be raised from six inches to one and one-half feet. Mr. Lillard stated that their staff is too involved in other projects to do this work. Item l0a Mayor Hill stated that he had received so many calls on the proposed sculpture v' for the centennial . These callers are not in favor of it, and he wonders what options are remaining for the Council . City Manager Stuart Bach stated that the Council has the opportunity to review any plans for a sculpture, and they also have authority to review what is placed in the park. They also have authority to either appropriate or not appropriate funds for Bellevue Park. He further stated that no binding contract has been executed with a sculptor. The Council requested that Mr. Estes bring them up to date on this project at the next meeting. City Manager Stuart Bach stated that a single bid was received on ambulance service. The bid was high. He is reviewing the options available. Gold Cross will provide interim service in the County without a contract or a subsidy. Alderman Thomas asked why we are in a subsidy business? The City Manager explained that it was to keep the cost down for the users. It was pointed out that the taxpayers would be paying the subsidy cost. Mr. Bach stated that they are trying to cost out what our expenses will be, and which is the best way to go. Alderman Thomas commented that one of the things we need to evaluate is to decide whether the City should be in the ambulance service? Alderman Traywick stated that he feels some of the inflexibility is our fault, when a businessman came to us stating that he cannot operate that way. Mayor Hill stated that he waited four years to come to us. Alderman Thomas also mentioned that his books were not available for us to look at. 291 Item 10a, cont'd. Alderman Traywick stated that there is no way that government can ever replace private enterprise. He does not feel that the City of Wichita Falls can compete in this area. The City should look at some way for the City to not be in the ambulance business. He feels we should negotiate with Gold Cross for some kind of an operational arrangement since they already have their business here. Alderman Traywick stated that he came in last week after a trip out of town, ,/and saw a Hospital Board Meeting on television. The next morning when he went to the office he found an invitation to the meeting. He stated that it is hard to plan to attend these or other meetings without some advance notice. Two other members of the Board of Aldermen received their invitations the day of the meeting, and one the day after. Mayor Hill requested that the City Attorney consult with the Police Chief on enforcement of the noise ordinance regarding mufflers with straight pipes. Mayor Hill noted that in some parts of town some of our citizens are making civilian night patrols. He would like to discourage this. Someone could go a step too far and get hurt. He wonders if they are carrying weapons? Police Chief Harrelson stated that they are not supposed to be carrying weapons, and that they are not encouraging civilian night patrols for the same reason. John Adams, 5119 Lake Shore Drive, appeared representing residents of Lake 'Shore Drive and others. He expressed appreciation to the City Manager and Board of Aldermen for their positive action to provide water and sewer service to them. He also asked in what order these and other services will be made available to them? The City Manager stated that water and sewer will go out for bids today. Gas is being discussed with the Gas Company, and street lighting is being considered. Item 10b and 11 The Board of Aldermen recessed at 9:15 to go into executive session to discuss personnel and acquisition of land. The meeting resumed at 10:00 A.M. Moved by Alderman Thomas that Moises Garcia be appointed to the Civil Service Commission for a three-year term to expire February 26, 1984. Motion seconded by Alderman Boston, and carried unanimously. The Board of Aldermen adjourned at 10:01 A.M. PASSED AND APPROVED this /7&<,/ day of____ 1981 . MAYOR ATTEST: CITY CLERK Sf/ STATE OF TEXAS COUNTY OF WICHITA This contract, made and entered into as of the day of 11981, by and between the City of Wichita Falls, Wichita Falls, Texas , (hereinafter called "Owner") and the firm of Biggs & Mathews , Inc . , Consulting Engineers , Wichita Falls, Texas , (hereinafter called "Engineer") WITNESSETH: WHEREAS, improvements to Weeks Street from the Wesley Church to the Old Jacksboro Highway in the City of Wichita Falls, Texas, is proposed ; and WHEREAS, the firm of Biggs & Mathews, Inc ., is acceptable to the Owner and is willing to enter into a contract to perform engineering services required by the Owner: NOW THEREFORE , it is agreed as follows: I The Owner hereby retains the Engineer for all engineering services required in connection with the design and preparation of plans and specifications of the proposed street improvements . The services performed by the Engineer in connection with proposed improvements shall be as follows: 1 . Preliminary study and design necessary to outline those improvements required. 2. Perform all necessary survey field work required to prepare construction plans. 3. Preparation of detailed plans , specifications and contract documents for the. proposed street construction. -1- Page 3 of 6 pages Agenda Item No. 5.b. 4. Coordinate all work with the City' s Department of Public Works . 5 . Furnish to the City eight (8) copies each of the plans and of the specifications . II For the services performed under Section I of this Agreement, the compensation to the Engineer shall be based upon the hourly rates for various services and actual costs of out-of-pocket expenses as hereinafter set out in the rate schedule: RATE SCHEDULE Hourly Rate Principal of Firm $ 50.00 Design Engineer 30.00 Electronic Computer & Operator 25.00 Senior Draftsman 17 .00 Draftsman 13.75 Junior Draftsman 9.00 2 man survey party & equipment 34.00 3 man survey party & equipment 44.00 4 man survey party & equipment 54.00 Other Costs and Rates: Field supplies ( stakes, rods and laths) - cost plus 10% Printing and Reproduction - cost plus 10% Electronic Distance Meter - $25.00 per day Upon acceptance, by the City, of the services performed by the Engineer, the Engineer will render to the City a statement for the services which shall become due and payable within thirty (30) days thereafter. The total fee payable hereunder for engineering work shall not exceed $1,950. III It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be done under this contract until the Engineer is instructed in writing to proceed with the work. -2- Page 4 of 6 pages Agenda Item No. 5.b. IV Any provision in this contract notwithstanding, it is specifically understood and agreed that the Engineer shall not authorize or undertake any work pursuant to this contract , which work would require the payment of any charge, expense or reimbursement in addition to the charge stipulated in the Rate Schedule, without having first had and obtained specific written authority therefor . V This contract shall not be assignable in whole or in part without the consent of -the Owner. VI All payments for services rendered by the Engineer shall become due and payable within thirty (30) days after submission of a statement by the Engineer. VII In connection with all the work outlined or contemplated above, it is agreed that the Owner or the Engineer may cancel or terminate this contract upon thirty (30) days' written notice to the other, with the provision and understanding that immediately upon receipt of notice of such cancellation from either party to the other all work and labor being performed under this contract shall immediately cease, pending final cancellation at the end of such thirty-day period, and further provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by him prior to the receipt of notice of such termination . Page 5 of 6 pages -3- 5.b. Agenda Item No- IN WITNESS HEREOF, the City of Wichita Falls, Texas, has caused this contract to be executed by its City Manager and attested by its City Clerk, and Biggs & Mathews, Inc. , Consulting Engineers, has caused this contract to be executed by its President and its Secretary, with all such executions being in triplicate, each of which shall constitute an original , and all of which has been done as of the date here above first written. CITY OF WICHITA FALLS BY City anager ATTEST: CilEy Clerk BIGGS & MATHEWS, INC. Consulting Engineers BY- JY E. Biggs, jr ., ., President Registered Professional Engineer No . 16101 ATTEST: ec tary -4 Page 6 of�pages Agenda Item No. 5.b.