Min 02/06/1979 108
Wichita Falls, Texas
Memorial Auditorium Building
February 6, 1979
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
Fred E. Bassett
Carol Russell Aldermen
Curtis Smith
Raymond Adcock
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
Jim Thomas Absent
The invocation was given by Alderman Bassett.
Item 3
Moved by Alderman Smith that minutes of the meeting held January 16, 1979, be
approved.
Motion seconded by Alderman Russell , and carried unanimously.
Items 4a-8b
Item 4b was moved from the consent to the regular agenda.
Moved by Alderman Adcock that the consent agenda be approved.
Motion seconded by Alderman Bassett.
," Item 4a
ORDINANCE NO. 3418
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF 27TH STREET BETWEEN BLOCK
3 AND BLOCK 4 HOLLIDAY GARDENS, AND A PORTION OF TRAVIS STREET LYING
BETWEEN BLOCK 3 AND BLOCK 4 HOLLIDAY GARDENS, AND BLOCK 2 HIGHWAY ADDITION
TO WICHITA FALLS, TEXAS.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 5a
RESOLUTION NO. 2284
RESOLUTION APPROVING SALE OF TRACT OF LAND OUT OF LOT 20, BLOCK 2,
CANNON PARK ADDITION TO JOE CADLE.
WHEREAS, the City owns a tract of land containing .0294 acres out of Lot 20,
Block 2, Cannon Park Addition, which lies adjacent to Underwood Street, and the City
has no use for such tract; and,
WHEREAS, this tract is a narrow strip of land so shaped as to be incapable of
being used independently, and it abuts land owned by Joe Cadle; and,
WHEREAS, the fair market value of such tract, as determined by an appraisal
obtained by the City, is $400.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The sale of such tract of land, as authorized by Article 5421c-12 of the Revised
Civil Statutes of Texas , for $400 to Joe Cadle, the abutting property owner, is hereby
approved, and the deed dated January 17, 1979, executed for the City of Wichita Falls
109
Item 5a, cont'd.
by Gerald G. Fox, City Manager, is hereby ratified and confirmed.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 5b
%RESOLUTION NO. 2285
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND ARTICLE 12 OF THE CONTRACT
FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN MR. J. P. LEWALLEN AND THE CITY
OF WICHITA FALLS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS THAT:
Article 12 of the contract dated December 11 , 1978 between Mr. J. P. Lewallen
and the City of Wichita Falls is hereby amended by adding Section 12.2.2 as follows :
"12.2.2 The Owner shall be responsible for paying the premiums for a workman's
compensation policy taken out by the Construction Manager for his own protection. "
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 5c
RESOLUTION NO. 2'286
RESOLUTION APPOINTING LANIE J. BENSON, M.D. THE CITY HEALTH OFFICER
FOR THE CITY OF WICHITA FALLS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT:
Lanie J. Benson, M.D. is hereby appointed the City Health Officer for the City
of Wichita Falls, and the City Manager is authorized to complete such forms as are
necessary to implement this appointment.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 6a
The low bid for a portable patching roller for the Street Department was awarded
to Shovel Supply Company, Inc. , Dallas, Texas, in the amount of $16,220.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 6b
The low bid for a tractor and mower for the Street Department was awarded to Case
Equipment Company, Wichita Falls, in the amount of $13,047.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays : None
Item 6c
The low bid for a backhoe and front end loader for Utilities Equipment Services
Department was awarded to Case Equipment Company, Wichita Falls, in the amount of $21 ,000.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
I tem 6d
Lowest and best bids on traffic control equipment to be installed at Kemp and
Elliott Streets were awarded as follows.
a. 6-Phase Controller - Signal Engineering Co. , Arlington, Texas - $5,865.
b. Traffic Signal Poles - Trans-Tronics, Inc. , Ft. Worth, Texas - $4,942.
c. Traffic Signal Heads - Signal Engineering Company, Arlington, Texas - $3,360.
d. Pedestrian Push Buttons - Traffic and Transportation Supply Company, Ft.
Worth, Texas - $168.
e. Detection Units - Signal Engineering Company, Arlington, Texas - $390.
110
Item 6d, cont'd.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 6e
Low bids, for vector control chemicals were awarded as follows.
a. 2000 gallons Malathion Concentrate 91% - American Cyanamid Company, Princeton,
New Jersey - $23,760.
b. Dursban M - 400 gallons - Public Health Equipment and Supply Company,
San Antonio, Texas - $19,980.
Dursban 10CR - 250 -1 ,950 pounds - Public Health Equipment and Supply
Company, San Antonio, Texas - $7,800 ($4.00 per pound) .
Dursban IOCR - 2,000 pounds or more - Public Health Equipment and Supply
Company, San Antonio, Texas - $6,600 ($3.30 per pound) .
c. Malathion 57% Emulsifiable Liquid - 216 gallons - Helena Chemical Company,
Altus, Oklahoma - $1 ,922.40 ($8.90 per gallon) .
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 6f
The low bid for an annual supply of linen service was awarded to National Linen
Service, Wichita Falls , in the amount of $10,601 .28.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 7
Minutes of the meetings of the following boards and commissions were received.
a. Board of Adjustments and Appeals - January 22, 1979
b. Park Board - January 23, 1979
c. Planning Board - January 10, 1979
d. Design Review Commission - January 18, 1979
e. Arts Commission - January 16, 1979
f. Mayor's Commission on Status of Women - January 16, 1979
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
i
Item 8a
A public hearing on hazardous structures was set for March 6, 1979.
i
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays : None
Item 9a
The public hearing on hazardous structures was opened.
Tommy Nelson, 1310 Harding, appeared representing Catherine Daniels at 806 Neff.
He stated that he had a permit to start remodeling, but did not have the back structures
removed. He stated that he would have the building closed in within 30 days, but
could not have it all completed. Ernest Lillard explained that if he is showing
substantial compliance, they will work with him on it; however, the building will
have to remain secure.
Rosendo Lopez stated that he is working on the building at 1002 16th Street,
and will be completed within 20 days. A permit has been taken out.
Mary Jo Baker Meeks appeared regarding her property at 2710 Colquitt. She
stated that she has contacted someone to repair this property, but she needs an
extension of time. The Council agreed to give her an additional 30 days.
No one else desired to be heard.
I
ill
Item 9a, cont'd.
ORDINANCE NO. 3419
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH
SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF
THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Bassett that Ordinance No. 3419 be passed, and giving Mrs.
Meeks an additional 30.days to make repairs.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays : None
Item 1 Oa
Kerry Phalen (Hirschi High School ) , Steve Baxter (Rider High School ) , and
Melonie Bassett (Wichita Falls High School) appeared regarding a Youth for Americanism
program to be presented in Memorial Auditorium on March 20. They presented plans for
participation by elementary, junior, and senior high students in the form of poster
contests, essay contests, and assemblies in the schools. Charles Plum will be the
featured speaker on the program. Melonie Bassett presented a Certificate of Appreciation
to the Board of Aldermen for their assistance in this program to promote patriotism.
Mayor Hill expressed his appreciation to these students , stating that he is very
proud of all of them.
Item 10b
David Liles appeared as Manager for Lone Star Gas Company in Wichita Falls, stating
that the high rate of inflation has caused this request for a rate increase. Expenses
have increased at a faster rate then they have been able to offset them. They propose
a 6.8 percent increase. Single (and different) rates are requested for both summer and
winter. They also propose a charge for residential and commercial customers whether
gas is used or not during any billing period. Alderman Bassett disagreed with this
proposal . Mr. Liles stated that the company has an investment in that account in the
meter, etc. , and others will have to pick up the tab if they don't use any gas. The
meter continues to be read, and it goes through the computer whether they have used
any gas or not. Alderman Bassett pointed out that a customer would be facing a reconnect
charge of $20.00 (instead of the present $5.00) if he asked the gas company to disconnect
his service during the five summer months. Mr. Liles stated that this concept came
out of the Public Utilities Commission; it was not their idea. Mr. Liles stated that
a formal statement of intent to change rates has been presented, along with work papers,
to the City Manager's office. He requested that temporary rates be implemented until
a final determination is made.
RESOLUTION NO. 2287
RESOLUTION SUSPENDING THE OPERATION OF LONE STAR GAS COMPANY'S PROPOSED
INCREASE IN RATES FOR 120 DAYS.
WHEREAS, on January 23, 1979, Lone Star Gas Company filed with the City of Wichita
Falls a statement of intent to increase its rates , which shows the proposed effective
date of such rate increase as February 28, 1979; and,
WHEREAS, the detailed data with which Lone Star Gas Company seeks to support their
request is documented in a large number of figures and calulations , and it will take
the City staff a lengthy period of time to study this mass of data and to make a
recommendation to the Board of Aldermen regarding the rate request; and,
WHEREAS, Lone Star Gas Company has also requested the establishment of temporary
rates for any period of rate suspension.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
SECTION 1 . The operation of the proposed increased rates is hereby suspended for
a period of 120 beyond the date on which such rates would otherwise go into effect;
this suspension period will end on June 28, 1979.
112
i
Item 10b, cont'd.
SECTION 2. The request by Lone Star Gas Company for temporary rate relief during
such suspension period is hereby denied.
Moved by Alderman Bassett that Resolution No. 2287 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes: Mayor Hill , Aldermen Bassett, Russell , Smith, and Adcock
Nays: Alderman McAlister
Moved by Alderman Bassett that the City Manager be authorized to secure proposals
V, for consultant services on a review and recommendation of this rate request.
Motion seconded by Alderman Smith, and carried by the following vote:
Ayes: Mayor Hill , Aldermen Bassett, Russell , Smith, and Adcock
Nays: Alderman McAlister
Item lla
Discussion was held on a proposed ordinance closing portions of Park, 4th, and
Granger Streets.
Ernest Lillard, Director of Public Works , explained that a three-party agreement
was signed in 1969 between the City, State, and the Fort Worth and Denver Railroad
for these street closings as part of the Kell improvements. The 4th Street underpass
was closed in 1970, and with the completion of the new overpass , the Railroad has
closed Park and Granger crossings. Official action is now needed by the City to
effect these closings. These closings were presented as a part of the master plan
from the beginning of the Kell project.
Carl Solomon, 1713 Morgan Lane, requested that no action be taken until the next
meeting in order that they can show that Park Street should not be closed. He stated
that closing this street will put some people out of business. The City Manager
noted that the physical action of the closing has already been done.
Moved by Alderman McAlister that action on this matter be postponed until the next
meeting.
Motion seconded by Alderman Russell , and carried unanimously.
r Item l l b
Discussion was held on a proposed ordinance creating a reciprocal licensing
procedure for electricians.
Ernest Lillard, Director of Public Works , stated that we were approached by the
cities of Iowa Park and Burkburnett a year ago requesting that consideration be given
to a reciprocal licensing procedure. A number of discussions have been held by the
Board of Electrical Examiners , and they have recommended the proposed ordinance for
consideration. It does not change the manner of licensing procedures in Wichita Falls ,
but those who do not now hold a license in all three cities will have the opportunity
to take the reciprocal examination to be licensed in all three cities. Alderman
McAlister stated that the three cities do not operate on the same standards , and the
City of Wichita Falls should not lower its standards. Alderman Bassett was opposed
to the method proposed for appointing the members. One man could conceivably control
the board.
Joe Adair stated that this request did not originate form the Board, but from
Mr. Fox's office through the Mayors of other cities. He believes it will tend to
lower the qualifications , and will not help Wichita Falls at all .
It was pointed out that there would be two separate entities administering exams.
This Board would do nothing except administer tests.
v`ORDINANCE NO. 3420
ORDINANCE ESTABLISHING RECIPROCAL ELECTRICAL LICENSING PROCEDURES FOR THE
CITIES OF WICHITA FALLS, IOWA PARK AND BURKBURNETT.
Moved by Alderman Bassett that Ordinance No. 3420 be passed, changing the appointment
procedure to the Chairman of the Board of Electrical Examiners , and two others
appointed by the Mayor.
113
Item llb, cont'd.
Motion seconded by Alderman Russell , and failed by the following vote:
Ayes: Aldermen Russell and Adcock
Nays: Mayor Hill , Aldermen McAlister, Bassett, and Smith
Item llc
A proposed ordinance was presented determining the necessity for the 1979 Assess-
ment Paving program.
ORDINANCE NO. 3420
AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE
CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1979 ASSESSMENT PAVING
PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER
AND DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS
INCIDENT THERETO.
Moved by Alderman McAlister that Ordinance No. 3420 be passed.
Motion seconded by Alderman Adcock, and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays : None
Item lld
A proposed ordinance was presented appropriating funds for emergency water tank
repair.
ORDINANCE NO. 3421
AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND
TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Smith that Ordinance No. 3421 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 4b
A proposed ordinance was presented accepting improvements on 1977 Assessment Paving
program. The difference in the contract amount and total amount was questioned. It
was pointed out that the difference is on estimated quantities based on the best
information available at the time bids are taken.
ORDINANCE NO. 3422
ORDINANCE ACCEPTING IMPROVEMENTS OF THE 1977 ASSESSMENT AND A PORTION OF THE
1977 RECONSTRUCTION PAVING PROGRAMS IN THE CITY OF WICHITA FALLS, TEXAS, AS
DESIGNATED IN ORDINANCE NO. 4013 DECLARING THE CONTRACT WITH STUCKEY
CONSTRUCTION COMPANY, INC. WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID
IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION
AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED
AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST
SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL
THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE
BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE
COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING
AN EFFECTIVE DATE.
Moved by Alderman Smith that Ordinance No. 3422 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays : None
114
Item 12a
A proposed resolution was presented providing assurance to the Urban Mass
j Transportation Administration relative to a grant.
RESOLUTION NO. 2288
RESOLUTION AUTHORIZING THE FILING OF GRANT ASSURANCES WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED STATES OF AMERICA.
WHEREAS, the City Manager is authorized to file grant applications with the
Department of Transportation for operating assistance and capital improvement; and,
WHEREAS, the City Manager is authorized to execute grant contracts on behalf of
the City of Wichita Falls with the U. S. Department of Transportation for aid in the
financing of operating and capital assistance projects; and,
WHEREAS, the contracts for financial assistance will impose certain obligations
upon the applicant including the provision by it of various assurances and the local
share of project costs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS:
That the City Manager is authorized to execute and file assurances with the Depart-
ment of Transportation, United States of America, as required by Section 5(i ) of
Title III of the Surface Transportation Act of 1978, as shown in Exhibit 1 hereto.
Moved by Alderman Bassett that Resolution No. 2288 be passed, excluding the last
paragraph.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
Item 12b
A proposed resolution was presented awarding a contract for water tank emergency
repairs.
/RESOLUTION NO. 2289
RESOLUTION APPROVING CONTRACT WITH WATER TANK SERVICE COMPANY FOR EMERGENCY
REPAIRS OF 500,000 GALLON ELEVATED WATER TANK AT BEVERLY DRIVE AND SEYMOUR
HIGHWAY.
WHEREAS, the City's 500,000 gallon elevated water tank located at Beverly Drive
and Seymour Highway has suffered unforeseen damage because of the extremely cold
weather, and it is necessary to preserve and protect this property of the City by
making immediate emergency repairs thereto; and,
WHEREAS, Article 2368a, Revised Civil Statutes of Texas , provides that in such
cases the requirement of competitive bids does not apply; and,
WHEREAS, Water Tank Service Company of Dallas , Texas , is ready, willing and able
to make these necessary repairs for the sum of $47,000, which is found to be a
reasonable price for such repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
A contract for such repairs of the elevated water tank with Water Tank Service
Company is hereby approved, and the City Manager is authorized to execute such a
contract with such company.
Moved by Alderman Bassett that Resolution No. 2289 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays : None
115
Item 13a
Bids were considered on 1 ,050 sanitation containers. It was recommended that the
low bid be awarded to Environmental Sales and Service, Dallas , Texas , in the amount of
$258,310.
Moved by Alderman McAlister that the bid be awarded as recommended.
Motion seconded by Alderman Russell , and carried unanimously.
vItem 13b
Bids were considered on an articulated loader for Street Department. The low bidder
did not meet specifications , and it was recommended that the bid of Chancey Equipment
Company, Abilene, Texas, be accepted in the amount of $15,551 .85, as the low bid
meeting specifications.
Moved by Alderman McAlister that the bid be awarded as recommended.
Motion seconded by Alderman Adcock, and carried unanimously.
Item 13c
Bids were considered on grazing leases at Lake Kickapoo. Paul Bevering presented
the highest bid in the amount of $6.57 per acre on both the north and south sides.
RESOLUTION NO. 2290
RESOLUTION APPROVING TWO GRAZING LEASES AT LAKE KICKAP00.
WHEREAS the City of Wichita Falls advertised for bids for grazing leases at Lake
Kickapoo, one on 1 ,332.32 acres on the north side, and the other on 1 ,424.39 acres on
the south side of the lake; and,
WHEREAS, bids were received from fourteen bidders , and it is found that the bid of
Paul Bevering of $6.57 per acre was the highest and best bid for the lease on the
north side, and the bid of Paul Bevering of $6.57 per acre was the highest and best bid
for the lease on the south side.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The two bids of Paul Bevering, Route 4, Box 346, Wichita Falls, Texas , are hereby
accepted, and the City Manager is authorized to execute two grazing leases to Paul
Bevering, one on the 1 ,332.32 acres of land on the north side of Lake Kickapoo, and
one on the 1 ,424.39 acres of land on the south side of Lake Kickapoo, with terms of
five years, beginning May 1 , 1979.
Moved by Alderman McAlister that Resolution No. 2290 be passed.
Motion seconded by Alderman Adcock.
C. T. McDaniel appeared regarding the north side. His bid was four cents lower.
He stated, however, that he planned to install a five-wire fence, and a crossing on
the creek. The crossing would provide access for fire fighting equipment, feed lot,
game warden, etc. He also planned to build a new set of pens. These improvements
would amount to an additional 52 cents on this lease.
Discussion was held by the Board of Aldermen. The improvements mentioned by Mr.
McDaniel were not a part of the bid specifications. It was felt by some members that
the proposed improvements could be considered, but others believed that the protection
of the bid process was foremost. Alderman Adcock withdrew his second to the motion.
The motion was seconded by Alderman Smith, and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Russell , and Smith
Nays: Aldermen Bassett and Adcock
v" Item 14a
A proposed resolution was presented approving change order to contract for baggage
claim area improvements at Municipal Airport.
116
Item 14a, cont'd.
RESOLUTION NO. 2291
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH BOBBY WALLACE
CONSTRUCTION COMPANY FOR CONSTRUCTION OF BAGGAGE CLAIMS AREA AT WICHITA
FALLS MUNICIPAL AIRPORT.
WHEREAS, the City of Wichita Falls and Bobby Wallace Construction Company entered
into a contract dated January 16, 1979, providing for construction of Baggage Claims
area at Wichita Falls Municipal Airport under FAA-ADAP Project #6-48-0227-05, for a
contract price of $112,234.00; and,
WHEREAS, the City Manager has recommended a modification in such contract in
accordance with Change Order No. 1 , a copy of which is attached hereto, which would
increase the contract price of $1 ,225.00 and such change order has been accepted and
agreed upon by the Contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Change Order No. 1 to the contract with Bobby Wallace Construction Company, dated
January 16, 1979, is hereby approved, and the City Manager is authorized to execute
the same for the City of Wichita Falls.
Moved by Alderman Bassett that Resolution No. 2291 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays: None
A tem 14b
A proposed resolution was presented authorizing final payment on security holding
room project at Municipal Airport.
;'RESOLUTION NO. 2292
RESOLUTION APPROVING FINAL ESTIMATE AND AUTHORIZING CITY MANAGER TO MAKE
FINAL PAYMENT TO BOBBY WALLACE CONSTRUCTION COMPANY FOR CONSTRUCTION SERVICES
RENDERED UNDER ADAP PROJECT #6-48-0227-04.
WHEREAS, the City of Wichita Falls and Bobby Wallace Construction Company
entered into a contract dated June 8, 1978, for construction services to be rendered
under ADAP Project 6-48-0227-04 (Security Holding Room Improvements) ; and,
WHEREAS, said construction project has been completed in accordance with the
plans and specifications; and,
WHEREAS, the contractor has submitted the final estimate on this project, which
final estimate shows a total amount of work done as $36,905.00; and,
WHEREAS, the amount of $25,649.10 was previously paid to the contractor leaving
a balance of $11 ,255.90 due the contractor under the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of improvements identified under ADAP Project 6-48-0227-04
(Security Holding Room Improvements) is accepted by the City of Wichita Falls , the
final estimate is approved, and the City Manager is directed to pay Bobby Wallace
Construction Company the balance due as shown on such final estimate, a copy of which
is attached hereto.
Moved by Alderman Bassett that Resolution No. 2292 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock
Nays : None
Item 15c
A request was made by Saundra Heffington, Chairman of the Wichita Falls Arts
117
Item 15c, cont'd.
Commission, to correct the appropriation for the Pianists Performance Council from
$2,056.25 to $3,056.25 .
Moved by Alderman Bassett that the correction for expenditure of community arts
project be approved.
Motion seconded by Alderman Russell , and carried unanimously.
iItem 15b
The Wichita River Master Plan was presented by Jerry Walkup from the Dallas office
of Oblinger-Smith, consultant for the master plan. He explained that a green belt would
be developed along the river so that recreation and tourism can be expanded, and the
river environment updated. It would also encourage more private investment along the
river front by changing negative factors of the river. Four phases are planned to be
developed over a 5 to 7 year period. Development would take place along a three-mile
area from west of Lucy Park to the Housing Authority. The first phase would involve
another Lucy Park entrance and clean up work on the river as the land is acquired. He
showed slides of various proposed activities.
J. C. Boyd, Jr. , Executive Director of Midtown Now, recommended approval of the plan
and implementation of the first phase.
Alderman Bassett voiced concern over the red water, and our inability to do anything
to make it more attractive. Apparently there is nothing we can do for flood prevention.
Access to the park is also a problem. He believes that revenue sharing money can be
used in better places than here. Mayor Hill agreed, but also feels that we should do
something about this mess.
Alderman Russell stated that since 1912, the people who have lived here have realized
the potential of the river. She favors taking the first step now in this project
because of its importance to the City.
Alderman McAlister questioned whether this is a project we would be willing to spend
tax money for? Alderman Smith noted that we very definitely need better access to Lucy
Park. Alderman Russell believes that the community might want to pitch in with some
financial assistance.
Dewey Nicholson, engineering consultant, stated that he was involved in the San
Antonio and Austin river developments. He is in favor of such a plan to develop the
river front.
Approval was requested of the Wichita River master plan, preparation of construction
drawings for implementation of Phase One, and property acquisition procedures for parcels
necessary for Phase One as indicated in the proposed resolution.
RESOLUTION NO. 2293
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE
WICHITA RIVER GREENBELT AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING
A 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 Wichita River Greenbelt under the Community Development Block Grant Program, to-wit:
The following lots from Scotland Gardens , Addition 1 , Wichita Falls , Texas :
All of lots 6, 7, 8, 9, 10, 11 , 12, 13, Block B
E 50 feet of Lot 1 , Block D
All of Lot 2 and the W. 12.8 Ft. Lot 1 , Block D
Lots 4, 5, 6, 7 , less Right-of-Way, Block D
The following lots from Scotland Gardens , Addition 2, Wichita Falls , Texas:
Lots 11 -22 less Right-of-Way, Block A
Lots 1 , 2, 3, 4 less Right-of-Way, Block B
All of Lots 5, 6, 7, 8, 9, 10, 11 , 12, 13, 14, 15 and 16, Block B
Lot 7 less NE Corner, and all of Lots 8, 9, 10, 11 , Block C
The following lots from Breaux Acres Addition, Wichita Falls, Texas :
I I I
118
Item 15b, cont'd.
All of Block 2
All of Lots 1 , 2, 3, 4, Block 3
All of Lots 1 , 2, 3, Block 6
NW 100' x 332' , Block 6
The following pieces of property do not have lot and block numbers. They. can be
identified by referring to the property acquisition map prepared by Oblinger-Smith Corp.
1 . 6.7 Acres, Abst. 298
2. 8.0 Acres, Tract 34
3. Property located north of the Riverside Cemetery between the Wichita River and
Scotland Gardens Addition
4. Part of Lots 17 , 18, 19, 20, 21 , 22, 23, 24, 25, Block B, Scotland Gardens ,
Addition 2.
5. 1 .47 Acres , out of Block 1 , Breaux Acres Addition
6. Property located between 400 Van Buren and Breaux Acres Addition
7. 12 Acres out of Block 7, Breaux Acres Addition
8. 1 Acre out of Block 5, Breaux Acres Addition
9. 2.3 Acres out of Block 6, Breaux Acres Addition
10. 2.34 Acres out of Block 6, Breaux Acres Addition
11 . 70' x 332' of Block 6, Breaux Acres Addition
SECTION 2. The City Manager is hereby authorized to employ appraisers to appraise
the property being acquired for the Wichita River Greenbelt improvement project.
SECTION 3. The following procedures shall be used in the acquisition of properties
for the Wichita River Greenbelt improvement project, the objective of which are to
insure that uniform, fair equitable treatment be afforded persons displaced as a result
of this federally assisted project, to encourage and expedite acquisition by 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 or 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.
E. 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
119
Item 15b, cont'd.
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.
Moved by Alderman Smith that Resolution No. 2293 be passed, and that the master plan
and preparation of construction drawings also be approved.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, and Adcock
Nays : Alderman Bassett
/ Item 15d
Mr. L. E. Arbuckle, 1101 Marlow, protested the bad condition of the 1000 block of
Clay Street, which has been under construction since November. He believes the contractor
has had time to do something about it, and that the people on Clay Street have not received
any justice from the City. Ernest Lillard noted that the contractor did not complete the
excavation and curb and gutter before the bad weather set in the end of December. He
stated that he has done everything he can. They will just have to wait for the weather to
improve. Mr. Arbuckle stated that they tried to get the City to fix the roads several
years ago, but were unsuccessful , and the citizens did it themselves. He does not under-
stand why the City can now go against the will of the people and do it anyway.
Item 15a
The Board of Aldermen went into executive session at 1 :00 P.M. to discuss personnel
matters concerning board appointments. The meeting resumed at 1 :15 P.M.
Moved by Alderman McAlister that Mr. Ed Baggett be appointed to the Traffic Commission
(replacing Truman Lewis) , and that Mr. Conrad Grozier be appointed to the Aviation Advisory
Board (replacing Tom Bacus) , both terms to expire December 31 , 1979.
Motion seconded by Alderman Russell , and carried unanimously.
Mayor Hill appointed Aldermen Thomas and Adcock to the Ad Hoc Transportation
Certification Committee.
Moved by Alderman Smith that the appointments be confirmed.
Motion seconded by Alderman Russell , and carried unanimously.
The Board of Aldermen adjourned at 1 :25 P.M.
PASSED AND APPROVED this day of et L_ 1979.
MAYOR
ATTEST:
CITY CL K
EXHIBIT 1
to
RESOLUTION NO.
The City of Wichita Falls, Texas hereby assures that it will not change
any fare and will not substantially change any service except (A) after
having held public hearings or having afforded an adequate opportunity
for such hearings, after adequate public notice; (B) after having given
proper consideration to views and comments expressed in such hearings;
and (C) after having given consideration to the effect on energy con-
servation, and the economic impact of the change in such fare or such
service.
i
i
I
CONTRACT CHANGE ORDER ORDER NO. 1
DATE January 30, 1979
CONTRACT FOR: Construction of Baggage Claims Area at Wichita Falls Municipal
Airport - FAA ADAP Project #6-48-0227-05.
OWNER: City of Wichita Falls, Texas
TO: Bobby_Wallace Construction Company
(Contractor)
You are hereby requested to comply with the following changes from the contract plans
and specifications:
DESCRIPTION OF CHANGES DECREASE : INCREASE
(Supplemental Plans & Specifications Attached) in contract price in contract price
Item No. 1
Construct temporary Baggage Claims Structure (20' x 8'-71) $1,225.00
adjacent to flight line and install temporary security fencing in
accordance with attached plans.
TOTALS $ $1,225.00
NET CHANGE IN CONTRACT PRICE $ $1,225.00
JUSTIFICATION: Temporary structure is required to provide a location for airlines and
passengers to coordinate the receipt of baggage during the construction
of new baggage claims area in Terminal Building.
The amount of the Contract will be increased by the Sum of: One Thousand Two Hundred
Twenty Five and no/100 -----Dollars ($1,225.00)
The Contract Total including this Change Order will be: One Hundred Thirteen Thousand
Four Hundred Fifty Nine and no/100-----Dollars ($113,459.00)
The Contract Period provided for completion will remain 105 calendar days from date
of written "Notice to Proceed".
This document will become a supplement to the contract and all provisions will apply
hereto.
Requested: (Owner)
(Date)
Accepted: (Contractor)
(Date)
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