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Min 01/02/1980 i 389 Wichita Falls , Texas Memorial Auditorium Building January 2, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Marvin Traywick Carol Russell Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk John Hampton, Jr. Absent Curtis Smith Absent The invocation was given by Robert`Raabe, Faith Lutheran Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held December 26, 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 7d Moved by Alderman Thomas that Items 4a through 7d on the consent agenda be approved. Motion seconded by Alderman Traywick. Item 4a A proposed appropriation ordinance was presented to fund tornado damaged roof repairs to Martin Luther King Center building, Library, and Memorial Auditorium. 'ORDINANCE NO. 3586 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays : None v Item 5a v ORDINANCE NO. 3587 AN ORDINANCE CLOSING AND ABANDONING AN ALLEY BETWEEN LOT 10, BLOCK 5, SEYMOUR HEIGHTS AND LOT 37 , BLOCK 5, ALLENDALE HEIGHTS AND AN ALLEY NORTH OF LOT 10, BLOCK 5, SEY11OUR HEIGHTS. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays : None V Item 5b ORDINANCE NO. 3588 AN ORDINANCE RELEASING AND ABANDONING CERTAIN UTILITY EASEMENTS SITUATED IN LOTS 16 AND 17, BLOCK 2, WOODHAVEN ADDITION, SECTION 1 . 390 Item 5b, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays : None I tem 5c ✓ORDINANCE NO. 3589 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays: None Item 6a RESOLUTION NO. 2447 RESOLUTION APPROVING CONTRACT WITH EMPLOYER'S INFORMATION SERVICE CONCERNING FURNISHING OF WORKER'S COMPENSATION CLAIMS INFORMATION. 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 Employer's Information Service, providing for the furnishing of worker's compensation claims information, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays : None /Item 7 Minutes of the meetings of the following boards and commissions were received. a. Park Board - December 18, 1979 b. Design Review Commission - November 29, 1979 c. Zoning Commission - December 7, 1979 d. Traffic Safety Council - December 5, 1979 Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays: None Item 8a A request was presented from the YWCA for use of tennis courts at Scotland Park. A court fee of $3.00 per adult person, per session, will be charged. ✓ORDINANCE NO. 3590 ORDINANCE WAIVING SECTION 22-1 (a) , OF THE CODE OF ORDINANCES AT SCOTLAND PARK DURING PARTS OF 1980 AS IT PERTAINS TO THE YWCA. Moved by Alderman Thomas that Ordinance No. 3590 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays: None A request was presented from the Good Sam Club for the use of Lucy Park on October 5-12, 1980, for the purpose of holding a State Samboree. This is apparently a club for recreational vehicle owners. A five percent of gross sales from food, club patches, etc. will be charged. ORDINANCE NO. 3591 ORDINANCE WAIVING SECTION 22-1 (a) , OF THE CODE OF ORDINANCES FOR ONE WEEK AT LUCY PARK. i 391 Item 8a, cont'd. Moved by Alderman Thomas that Ordinance No. 3591 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays: None JItem 8b Discussion was held on two proposed ordinances restricting the use of wood shingles. City Attorney H. P. Hodge, Jr. explained the difference in the two proposals for consideration. He noted that Duplexes could be removed from the ordinance if they so desired. Jim Gentry, 2903 Holliday, stated that he is interested in this matter both as a lumber dealer and citizen. He introduced Mike Caldwell , District Manager of National Forest Products, and Bill Rhodes, with the Red Cedar Shingle Bureau, both from Dallas. Mr. Caldwell stated that Houston has not taken any action on single family residences. He stated that on one shingle there is a pressure treatment test which stays on for the life of the shingle. There are spray on tests which only last less than five years , and they do not meet the requirements of Class C. Mr. Rhodes stated that there are a great number of fire retardants brought to their bureau for testing. Any questions can be addressed to the forest products lab in Lufkin. Mr. Caldwell stated that most fires start inside the building. Only one-half of one percent starts on the roof. They suggest Class C requirements for town houses and condominiums, but not single family residences. Mr. Rhodes stated that it is his opinion that the least amount of things done to wood, the longer life you can expect from it. Pressure treatment removes some of the natural preservatives from the wood. He recommended a special purpose roof with an asbestos underlay because the shingles do not have to be treated. A special purpose roof, however, does not meet the requirements of Class C. Mr. Rhodes stated that in the apartment fire in Houston there were no fire breaks in the attics, which caused the fire to spread faster. He felt that Dallas made a mistake in requiring the Class C construction, and that Houston made a better decision in allowing the wood shingles with an asbestos felt underlay. He believes that building codes should run the show, rather than catering to special interest groups. In Houston, they made a minimal change to the building code, which was the right decision. Mayor Hill stated that he would be in favor of Class C shingles or the alternate of asbestos felt decking. Fire Chief Hurshel Johnson stated that one of the alternates previously drafted contained a provision for this special purpose roof. %ORDINANCE NO. 3592 AN ORDINANCE AMENDING SECTION 7-15 OF THE CODE OF ORDINANCES TO AMEND SUBSECTION 706.6 OF THE BUILDING CODE OF THE CITY OF WICHITA FALLS, TO PROHIBIT WOOD SHINGLES AND SHAKES , OTHER THAN THOSE CLASSIFIED CLASS C, OR SPECIAL PURPOSE ROOFS, ON ALL APARTMENT HOUSES, CONDOMINIUMS AND TOWNHOUSES OUTSIDE THE FIRE DISTRICT. Moved by Alderman Thomas that Ordinance No. 3592 be passed, deleting duplexes, and adding a provision for special purpose roofs. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays: None is I 392 Item 9a A proposed resolution was presented approving an amendment to the City's Discretionary Grant application. RESOLUTION NO. 2448 A RESOLUTION APPROVING AN AMENDMENT TO THE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT SECRETARY 'S DISCRETIONARY FUND UNDER TITLE 1 , SECTION 107 (h) , AS AMENDED, OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: An amendment to the application for Community Development Block Grant funds under Title I , Section 107 (h) , as amended, of the Housing and Community Development Act of 1974 is hereby approved, and the City Manager is authorized and directed to complete and file the amendment to the application with the Department of Housing and Urban Development. The City Manager is further authorized to execute any necessary documents requested to carry out and complete such grant. The amendment to the application shall include a Project Summary, Cost Summary, and an amendment to the Housing Assistance Plan. Moved by Alderman Adcock that Resolution No. 2448 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays: None V`Item 10a Bids were considered on a street stabilizing machine. Moved by Alderman Thomas that the alternate bid of Hi-slay Machinery Company be accepted in the amount of $66,000 for a demonstrator machine. Motion seconded by Alderman Traywick, and carried unanimously. ,/Item 10b Bids were considered on construction of restroom and concession facilities at Williams, Loch Lomand, and Scotland Parks. Alderman Thomas questioned whether it would be worthwhile for the City to have its own construction crew for construction of this type? City Manager Gerald Fox explained that it would be questionable that we would have that amount of work of this nature which we could do. Mayor Hill stated that he does not feel it is the City's business to get into the construction business , but this is a very high bid, and he feels we should be able to get it done for less. The City Manager noted that this is plumbing, and it is the most expensive part on a square footage basis. Allen Whitmire, Park Department, stated that notices were sent out to 20 people, and they only received two bids . Most of the people here have plenty of work to do. RESOLUTION NO. 2449 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF RESTROOM AND CONCESSION FACILITIES IN WILLIAMS, LOCH LOMAND, AND SCOTLAND PARKS. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of restroom and concession buildings in Williams , Loch Lomand, and Scotland Parks ; and, WHEREAS, two bids were received, and it is found that F & W Construction Co. who bid $143,700.00, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: i 393 Item 10b, cont'd. Said bid of F & W Construction Co. in the amount of $143,700.00 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 construction of such facilities. Moved by Alderman Traywick that Resolution No. 2449 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays : None ✓Item lla Moved by Alderman Thomas that the following be appointed to the Park Board for three-year terms to expire January 1 , 1983. a. Carl Hall - reappointed b. Norma Crane - reappointed c. Jerry Walker - appointed d. Curtis Willis - Alternate Motion seconded by Alderman Traywick, and carried unanimously. RESOLUTION NO. 2450 RESOLUTION APPOINTING TWO MEMBERS TO THE WICHITA FALLS CITY-COUNTY BOARD OF HEALTH, AND CONFIRMING THE APPOINTMENT BY THE COMMISSIONERS COURT OF WILLIAM L. BOARDMAN, D.D.S. AND JOE SINGER. WHEREAS, the terms of R. D. Riddle, D.V.M. and Philip S. Fuller, M.D. , as members of the Wichita Falls City-Wichita County Board of Health expired January 1 , 1980, and appointments should be made to fill these positions; and, WHEREAS, the Commissioners Court of Wichita County has appointed William L. Boardman, D.D.S. and Joe Singer as members of such Board of Health to serve from January 1 , 1980 through December 31 , 1981 , and these appointments need to be confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . R. D. Riddle and Philip S. Fuller are hereby appointed as members of the Wichita Falls City-County Board of Health for a term of two years, commencing January 1 , 1980 and extending through December 31 , 1981 . SECTION 2. The appointment by the Commissioners Court of 'Wichita County, Texas of William L. Boardman, D.D.S. and Joe Singer as members of such Board of Health for a term of two years , commencing January 1 , 1980 and extending through December 31 , 1981 is hereby confirmed. Moved by Alderman Thomas that Resolution No. 2450 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Thomas, and Adcock Nays: None Item llb The City Manager noted that the City's warning sirens will be tested for four days beginning Monday, January 7. Alderman Russell requested the City Attorney to be looking into the proper wording for an authoritatively established Commission to plan the celebration of our City's Centennial in 1982. 394 Item llb, cont'd. Mayor Hill inquired concerning the traffic signals on westbound Kell . Acting Traffic Director Jack Griffin noted that the Highway Department has let a contract for installing new signals, so there will be a period of two or three months where we will not have this progression in the system. Patrick Faust, No. 6 Town and Country Drive, Sunrise Mobile Home Park, complained about the Park owner raising the rent twice since the tornado. He stated it was for roads and streets, but none had been repaired. He also complained about not being able to get employment from the federal contractor who moved into Sunrise Mobile Home Park. He felt that this contractor did not comply with the law regarding handicapped people. Mayor Hill explained that the Council is not able to help him with these matters, and suggested that he talk with Mr. Elroy Hardy at the Texas Employment Office. The City Manager explained that there is nothing except market conditions which would prohibit the owner of the mobile home park from charging as much as he wants to, and that we have no control on whether he repairs the streets in his park or not. He noted that the U.S. Attorney General and the Office of Equal Opportunity are the ones he should be talking to. Monte Beasley appeared as Chairman of the Finance Committee of the Wichita Falls Board of Realtors . He thanked the Council for their concern in trying to provide cheaper housing for the citizens of Wichita Falls. He volunteered the help of this Committee in this matter. The Board of Aldermen adjourned at 10:00 o'clock A.M. PASSED AND APPROVED this P—�X' day of - 1980. a MAYOR ATTEST: CITY CLERK f THE STATE OF TEXAS X COUNTY OF WICHITA X WHEREAS, the City Council of the City of Wichita Falls, Texas authorized establishment of a self-administered, self-insured plan to meet its statutory responsibility under the Worker's Compensation Act; and, t WHEREAS, the City of Wichita Falls desires to reduce the cost of its self-insurance plan by screening its employee applicants through the use of essential information concerning worker's compensation claims and lawsuits involving the employee applicants; and, WHEREAS, the Employer's Information Service, a non-profit organization, keeps current records of worker's compensation claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi, New Mexico, and Oklahoma, and in Federal Courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri; and, WHEREAS, these current records cover more than 400,000 persons and are continuing to grow in coverage at a rate of 4,000 to 5,000 records per month; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Wichita Falls, acting herein by and through its duly authorized City Manager, Gerald G. Fox, hereinafter called "City," and Employer's Information Service, a non-profit organization with its general office located at P. 0. Box 1457, Gretna, Louisiana 70053, acting herein by and through its duly authorized President, H. J. Robinson, hereinafter called "E.I.S. ," in consideration of the terms, mutual covenants and conditions herein contained, do hereby agree as follows: I. That for and in consideration of the sum of Nineteen Hundred Eighty Dollars ($1,980) to be paid to E.I.S. on or before the effective date of the contract, E.I.S. convenants and agrees: A. That it shall faithfully maintain accurate records of worker's compensation claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi, New Mexico, and Oklahoma, and in the federal courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri, and covering at least 400,000 persons; B. That E.I.S. shall furnish to the City from such records of ti + employee termination reports and employee injury reports pertaining to each person who is a City employee on the effective date of this contract; C. That E.I.S. shall furnish to City from such records, at City's inquiry, employee termination reports and employee injury reports pertaining to each person who is an applicant for City employment during the term of this agreement. It is understood and agreed that if the number of inquiries pertaining to applicants for City employment exceeds six hundred (600) in total number, City shall pay to E.I.S. the amount of Three Dollars and Thirty Cents ($3.30) for each additional inquiry. D. That the employee termination reports furnished to City shall include, but not be limited. to the following information: 1. Employee's name; 2. Employee's social security number (if possible) 3. Date of employment; 4. Date of termination; 5. Nature and date of employee's injuries (if any) ; and 6. Whether employer would or would not rehire the employee (if available) ; E. That the employee injury reports furnished to City shall include, but not be limited to the following information: 1. Plaintiff's name; 2. Plaintiff's social security number (if possible) ; 3. Insurance carrier or employer; 4. Injury or disability alleged or sustained; -2- 5. Plaintiff's and defendant's attorneys; 6. Filing date of case; 7. Case number; 8. County or parish wherein case was filed; and 9. Disposition or settlement of the case (if available) ; F. That it is estimated that the number of persons covered by E.I.S. records will increase at a rate of 4,000 to 5,000 per month during the term of this agreement; and that as such coverage increases, additional information received by E.I.S. concerning City employees and applicants for City employment shall be made available upon request to City; G. That at its sole expense, E.I.S. shall furnish to City a WATS telephone line which will enable City to call E.I.S. by direct dialing at no cost to City for the purpose of obtaining the reports described hereinabove; and that said reports will be furnished to City within a matter of seconds while the City remains on the telephone, with the exception of communication problems beyond the control of E.I.S. II. The term of this contract and agreement shall be for a period of one (1) year beginning on the lst day of February, 1980, and ending on the 31st day of January, 1981. III. This contract and agreement may be terminated by either party upon at least thirty (30) days written notice. Such notice shall be sufficient if mailed to the other party's last known address. IV. In the event this contract and agreement is terminated for any reason before the 31st day of January, 1981, E. I.S. shall refund to City a percent of the total consideration paid to E. I.S. as provided in Paragraph I hereof, said percent to be calculated by determining the number of days from the date of termination to January 31, 1981, and dividing said number by the number of days from February 1, 1980, to January 31, 1981. V. E.I.S. shall not act as an agent, representative, servant or employee of the City of Wichita Falls as to all rights and privileges granted hereunder; that E.I.S. shall have exclusive control of and the exclusive right to control the details of its operations hereunder and shall be solely responsible for the acts and omissions of its members, officers, agents, representatives, servants, employees, contractors and subcontractors; that the doctrine of respondent superior shall .not apply as between City and E.I.S. , its members, officers, agents, representa- tives, employees, contractors or subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and E.I.S. , its members, officers, agents, representatives, employees, contractors or subcontractors. VI. E.I.S. covenants and agrees to, and does hereby indemnify, hold harmless and defend City, its officers, agents, representatives and employees, from and against any and all claims or suits for damages or injuries to persons (including death) or damages to property, or whatsoever kind or character, whether real or asserted, arising out of, or in connection with the execution, performance or attempted performance of this contract and agreement but E.I.S. does not indemnify the City against a suit, loss or damages arising as a result of the City's negligence. E.I.S. warrants that all information when furnished to City by E.I.S. is accurate and up to date, and E. I.S. hereby covenants and agrees to indemnify and defend the City, its officers, agents, and employees from and against any and all claims or suits for damages or injuries arising out of or in connection with furnishing the City with inaccurate or outdated information; and E. I.S. further agrees to indemnify and make whole the City for any and all damages sustained by City as a result of or in connection with furnishing the City with inaccurate or w outdated information. VI I. If E.I.S. , as a charitable or a non-profit organization, association, corporation, entity or otherwise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for claims or suits for damages, E.I.S. hereby expressly waives its rights to plead defensively such immunity or exemption as against City. VIII. s E.I.S. shall comply with all laws, federal, state and local including all ordinances, regulations and requirements of the City of Wichita Falls. It is agreed and understood that if City calls the attention of E.I.S. to any such violation on the part of E. I.S. , or any member, officer, agent, representative, employee, contractor, or sub- contractor, then E.I.S. shall immediately desist from and correct such violation. IX. E.I.S. shall not assign this agreement without prior written consent of the City, and any attempted assignment without such prior written consent of the City shall be void. X. In the event E.I.S. fails to comply with or breaches any of the terms, conditions and covenants of this agreement, or for any other reason deemed necessary by the City Manager or his duly authorized representative, City shall have the right to declare this agreement terminated without written notice to E.I.S. , but shall forthwith advise E.I.S. in writing of such election to terminate. XI. E.I.S. covenants and agrees that should any action whether real or asserted, at law or in equity, arise out of the terms of this agreement between the parties hereto, venue for said action shall lie in Wichita County, Texas. XII. E.I.S. and City mutually covenant and agree that this writing constitutes the sole and only agreement between E. I.S. and City pertaining to the services to be performed by E.I.S. . Any and all previous agreements, whether oral or in writing, between said parties pertaining to such services are hereby terminated and cancelled and declared to be of no further force and effect. No prior or contemporaneous written or oral agreement of any nature exists to alter or modify the terms of this agreement. EXECUTED at Wichita Falls, Wichita County, Texas, in multiple originals, this day of A.D. 1980. CITY OF WICHITA FALLS By City Manager ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney EMPLOYER'S INFORMATION SERVICE By President