Min 10/17/1978 47
Wichita Falls , Texas
Memorial Auditorium Building
October 17, 1978
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
Hardy McAlister
Carol Russell
Curtis Smith Aldermen
Jim Thomas
Raymond Adcock
Bob Haley Assistant City Manager
H.P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
Fred E. Bassett Absent
The invocation was given by John E. Mitchell , Guadalupe Catholic Church.
Item 3
Moved by Alderman Thomas that minutes of the meetings held October 3 and 9, 1978,
be approved.
Motion seconded by Alderwoman Russell , and carried unanimously.
Items 4a - 9c
Moved by Alderman Adcock that Items 4a through 9c on the consent agenda be
approved.
Motion seconded by Alderman Thomas.
Item 4a
ORDINANCE NO. 3388
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF AN EASEMENT LOCATED IN
THE H-S SUBDIVISION OF THE CITY OF WICHITA FALLS, TEXAS.
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell
Nays: None
Item 5a
V RESOLUTION NO. 2237
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR A
"MIDTOWN 2000" IMPROVEMENT PROJECT, AUTHORIZING EMPLOYMENT OF APPRAISERS,
AND ESTABLISHING LAND ACQUISITION POLICY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
SECTION 1 . It is necessary to acquire the following described tracts of land for
the "Midtown 2000" improvement project under the Community Development Block Grant
Program, to-wit:
All of Lots 4,5,6,7,8, and 9 and the south 30 feet of Lot 3 in Block 182 of
the Original Townsite of Wichita Falls , Texas
SECTION 2. The City Manager is hereby authorized to employ appraisers to
appraise 5—erproperty being acquired for the "Midtown 2000" improvement project.
SECTION 3. The following procedures shall be used in the acquisition of properties
for the "Midtown 2000" improvement project, the objective of which are to insure
that uniform, fair and equitable treatment to afforded persons displaced as a
result of this federally assisted project, to encourage and expedite acquisition by
48
Item 5a, cont'd.
agreements with property owners to avoid litigation and relieve congestion in courts ,
to assure consistent treatment for owners of real property to be so acquired, and
to promote public confidence in federal land acquisition:
A. The City shall make every reasonable effort to acquire such real property
expeditiously by negotiation.
B. Real property shall be appraised before the initiation of negotiations, and
the owner or his representative designated in writing shall be given an opportunity
to accompany the appraiser during his inspection of the property.
C. Before the initiation of negotiations for the acquisition of such real
property, the City shall establish an amount it believes to be just compensation
therefor; promptly thereafter the City shall offer to acquire the property for the
full amount so established, which shall be not less than the approved appraisal of
the fair market value of the property. The owner shall be provided with a written
Statement of the Basis for Determination of Just Compensation. If only a portion of
the property is acquired, the Statement shall make an apportionment between the
compensation for the property acquired and the net damages for benefits to the
remaining property.
D. If the acquisition of a portion of a property would leave the owner with an
uneconomic remnant, the City will offer to acquire such uneconomic remnant.
D. If the owner is not satisfied with the City's offer, he may refuse to accept
it; if he can provide evidence concerning value or damage that warrants a change in
the City's determination of just compensation, the price will be adjusted accordingly
by the appraiser.
F. No owner shall be required to surrender possession of real property before
the City pays the agreed purchase price, or deposits with the court in which the City
has instituted a condemnation proceeding for such property, for the benefit of the
owner, an amount not less than the fair market value of such property, or the amount
of the award of compensation in the condemnation proceeding for such property.
G. The City shall furnish the owner a statement identifying the settlement and
related costs that will be paid by the City.
H. The construction or development of a project shall be so scheduled that no
person lawfully occupying real property shall be required to move from a dwelling
(assuming a replacement dwelling will be available) or to move his business or
farm operation, without at least 90 days written notice from the City of the date by
which such move is required. However, shorter notice may be given where HUD determines
that such 90 day notice is impracticable.
I. If arrangements are made to rent the property to an owner or his tenant for
a short term or for a period subject to termination by the City on shorter notice, the
rental will not exceed the lesser of (1 ) the fair rental value of the property to a
short-term occupier, (2) the pro rata portion of the fair rental value for a typical
rental period, or if the owner or his tenant is an occupant of a dwelling, the rental
for such dwelling shall not exceed 25% of his income.
J. The City shall not advance the time of condemnation or defer negotiations or
condemnation and the deposit of funds in court for the use of the owner, or take any
other action which is coercive or misleading in nature in order to compel an agreement
on the price to be paid for the property.
K. If any interest in real property is to be acquired by the exercise of the
power of eminent domain, the City shall institute formal condemnation proceedings
to prove the fact of the taking of real property.
L. In any case in which a notice is served by the City of its intention to
acquire real property, initiation of negotiations shall occur within 90 days of
the service of such notice of intention.
Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell
Nays : None
Item 6a
The following low bids were awarded on traffic control equipment.
a. Traffic and Transportation Supply Company - 2 each, 7-phase controller -
$15,700.
49
i
Item 6a, cont'd.
b. Eagle Signal Company - 2 each 6-phase controller - $14,050.
c. Traffic and Transportation Supply Company - 1 each 4-phase controller -
$5,190.
d. Eagle Signal Company - 1 each 3-phase controller - $8,450.
e. Eagle Signal Company - 49 each detector units - $3,430.
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays : None
Item 6b
The low bid for ballfield lights at Bridwell Park was awarded to Amfac Electric
Supply Company in the amount of $12,069.68.
Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell
Nays: None
✓Item 6c
✓RESOLUTION NO. 2238
RESOLUTION AWARDING CONTRACT TO F & W CONSTRUCTION CO. FOR CONSTRUCTION OF
CONCESSION STANDS AND RESTROOMS IN CERTAIN PARKS.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of a concession stand at TESCO Park and for combination restrooms and concession
stands at Hamilton and Spudder Parks; and,
WHEREAS, three bids were received, and it is found that F & W Construction Co. ,
who bid $93,447.00, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of F & W Construction Co. in the amount of $93,447.00 is hereby accepted,
and the City Manager is authorized to execute for the City of Wichita Falls a
contract with F & W Construction Co. for the construction of such improvements .
Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays : None
Item 7a
RESOLUTION NO. 2239
RESOLUTION APPROVING CHANGE ORDER #1 AND FINAL ESTIMATE AND ACCEPTING
CONSTRUCTION OF SANITARY SEWER FACILITIES SERVING G.L. FRIBERG ADDITION.
WHEREAS, the City of Wichita Falls and Opex, Inc. , as contractor, entered into
a contract dated November 7, 1977, wherein said contractor agreed to construct
sanitary sewer facilities to serve G. L. Friberg Addition; and,
WHEREAS, said construction has been completed in accordance with plans and
specifications; and,
WHEREAS, Change Order #1 and the final estimate have been submitted on this
project, which final estimate shows a total amount of work done as $56,700.35 of
which $47,721 .45 has been paid, leaving a balance of $8,978.90 to be paid to the
contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of the sanitary sewer facilities to G. L. Friberg Addition is
accepted by the City of Wichita Falls, the Change Order #1 and Final Estimate are
approved, and the City Manager is directed to pay to the contractor the amount shown
on such estimate.
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays: None
✓Item 8a
Authority was granted to advertise for bids on alley containers.
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays : None
50
Item 8b
Authority was granted to advertise for bids on alley container handling units.
Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell
Nays: None
✓ Item 8c
Authority was granted to advertise for bids on two 2-man refuse collection units.
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays : None
; Item 8d
Authority was granted to advertise for an annual supply of pre-mixed concrete and
bulk cement for all city departments. `
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell
Nays: None
3
Item 8e
Authority was granted to advertise for bids for the 1978-79 high pressure sodium
lighting project.
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays : None
"'Item 8f
Authority was granted to advertise for bids on Phase IV airport improvements
construction services.
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell
Nays: None
'Item m 8g
Authority was granted to advertise for bids for activities center remodeling.
Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays : None
Item 9
Minutes of the meetings of the following boards and commission were received.
a. Plumbing Advisory Board - September 28, 1978
b. Board of Electrical Examiners - October 10, 1978
c. Traffic Commission - October 10, 1978
Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell
Nays : None
vItem l0a
Michael Ladd, an employee of the Health Department, was honored as Employee of the
Month. Mayor Hill presented him with a plaque and two tickets each to a movie and dinner.
Item lla
A proposed ordinance was presented establishing sanitation rates .
ORDINANCE NO. 3389
ORDINANCE INCREASING CERTAIN SANITATION RATES; CREATING A RESERVE ACCOUNT;
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT:
SECTION 1 . SUBSECTION (1 ) of Section 17-19 of the Code of Ordinances is hereby
amended to read as follows :
51
Item lla, cont'd.
"(1 ) Single-family unit served from alley. $2.25"
SECTION 2. Section 17-19 of the Code of Ordinances is hereby amended by
adding Subsection (1 .1 ) which shall read as follows :
"(1 ) Single-family unit served from curb. $3.00"
SECTION 3. There is hereby created a reserve account in the General Fund into
which will be deposited each year $100,000.00 of the revenue from fees for garbage
and refuse collection; the money in such reserve account shall be used to purchase
refuse containers and to repay the General Revenue Sharing Trust Fund for money from
that fund which has been spent on refuse containers.
SECTION 4. The fact that the present fees charged for refuse collection
from the curb is insufficient to pay the cost of such service creates an emergency, and
this ordinance shall become effective upon its passage.
Moved by Alderman Adcock that Ordinance No. 3389 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell
Nays: None
✓Item 12a
A request was presented to authorize the City Manager to negotiate with consultants
for a landfill study and site selection.
Moved by Alderman Thomas that the City Manager be authorized to negotiate with
consultants for the landfill study and site selection, as requested.
Motion seconded by Alderwoman Russell , and carried unanimously.
%Item 12b
-Assistant City Manager Bob Haley requested that the Archer City water rates be
suspended until November 8 to give the City Attorney some extra time to investigate
certain matters.
Moved by Alderman Thomas that the Archer City water rate be suspended until
November 8.
Motion seconded by Alderwoman Russell , and carried unanimously.
/Mayor Hill recognized four government students from Notre Dame High School .
I
/The Board of Aldermen recessed at 9:10 for an executive session with the City
Attorney. When they resumed at 9:55, Mayor Hill announced that they had discussed
the suit between the City of Wichita Falls and Kemp Public Library Board. The City
Attorney requested direction from the Council on whether to appeal the decision.
Moved by Alderman McAlister that the City Attorney be directed to appeal this
decision.
Motion seconded by Alderman Adcock, and carried unanimously.
/ Bill Hursh, Director of Parks and Recreation, reported on their progress with
golf course improvements.
i
I
Mayor Hill congratulated Steve Morath on his new position at Iowa Park.
The Board of Aldermen adjourned at 10:00 A.M.
PASSED AND APPROVED this_Z?f& day of 1978.
ATTEST: T^ MAYOR
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CITY CLERK
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