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Min 05/15/1973 755 Wichita Falls, Texas Memorial Auditorium Building May 15, 1973 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 10:00 o'clock A.M. , with the following members present: J. Winston Wallander Mayor Harry Campsey Lonny D. Morrison X Willard Still X Aldermen J. C. Boyd, Jr. Mrs. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison E. Taylor Absent The invocation was given by Alderwoman McCullough. Item 3 Moved by Alderman Boyd that minutes of the meeting held May 1, 1973 be approved, as corrected to show that he voted "Aye" instead of "Nay" on Item 7d. Motion seconded by Alderman Still, and carried unanimously. Item 5a Mayor Wallander presented an honorary citizen award to Airman James Riley as Airman of the Month. Mayor Wallander announced that he had requested a report at the last meeting from Aldermen Boyd and Still regarding bidding procedures, and he called on Alderman Boyd for his comments. r` r Alderman Boyd made a general apology to the staff, and especially to Mr. Schnautz, for his comments at the last meeting. He stated that he found out two days after the last meeting that he had been operating on erroneous information. He presented the report to Mayor Wallander from he and Mr. Still regarding their study of bidding procedures. Moved by Alderman Boyd that Morgan Motors Company be granted the bid on the Dodge police van in the amount of $3,931.24. Motion seconded by Alderman Morrison. Mayor Wallander commented that Mr. Boyd 's apology is indicative of the dedica- tion of the men who serve on the Council, and stated that he had not been influenced by any member of the Council. The motion was carried unanimously. Item 4a The public hearing was opened on the 1973 Assessment Paving Program. Mayor Wallander presented the following comments and protests, which had been received by letter. 756 Item 4a, cont'd. a. Mrs. Hettie Dillard, 411 Elm Street - Opposed to the paving for hardship reasons. b. Rodrick Brown, 312 Lee Street - Against the paving for no benefit reasons. c. Mrs. Andre Alexander - Against the paving of Avenue 0. d. Thelma Newman, 4613 Coronado Street - Against the paving for hardship reasons. e. L. E. Downing - Against the paving of Cleveland Street for hardship reasons. f. Mrs. S. C. Skinner - Against the paving of Denver Street for hardship reasons . g. Mrs. Mamie Wilson, 212 Clift - Against the paving of 3rd Street for hardship reasons. h. Leona Jones and Mollie Burress Clayton - Against the paving of Collard Street for hardship and no benefit reasons. i. Mrs. R. E. Van Houten - Against the paving of Avenue L. Requested that the street be closed instead of paved. j . Mr. A. V. Myers - Against the paving of Avenue M for hardship reasons. k. L. K. Strickland - In favor of the paving on Holland and Neff Streets. 1. Mr. and Mrs. Roy Baker - In favor of the paving on Vernon Street. M. Mr. and Mrs. Herman Buerger - In favor of the paving of Marshall Street. n. Harry Feather - In favor of the paving of Tilden Street. o. D. L. Querner - In favor of the paving of Marshall Street. p. Otis Thomas - In favor of the paving of 28th Street. q. Harold Murph - In favor of the paving of Avenue K. r. Mr. and Mrs. C.W.L. Dennis - Against the paving of Onaway Trail for no benefit reasons. Mrs. Neel, from the audience, stated that she is in favor of the paving on Avenue L. R. A. Hassler appeared in favor of the paving of Avenue L from Grant to Kemp. Mrs. E. C. Page, 2300 Taylor, protested the paving of Avenues M and N for financial reasons. She also inquired when the paving will be accomplished. Ernest Lillard explained that the contractor will begin within 30-40 days, and it will be constructed in steps within the next year. There is no certain order. She also asked who would be responsible for paying it if the property is sold. It was ex- plained that either they or the person buying it would have to pay for it. City Attorney H. P. Hodge, Jr. cautioned that any property owner who sells should take this matter into account on who will pay for it. She mentioned a drainage prob- lem, and the Mayor explained that the engineers will be looking at that problem. The City Manager explained that the City is paying more than 50 percent of the cost of the paving, but that the prices are fixed. G. R. Robertson protested the paving on Avenue M, stating that it did not en- hance his property; that he is on social security and cannot make these payments. He also mentioned drainage problems. A. A. Taylor, 2214 Polk, inquired if the City can assess a lien on his prop- erty. City Attorney H. P. Hodge, Jr. stated that the State has adopted a paving law that authorizes the City to pave streets in this fashion. This state law was 757 Item 4a, cont'd. adopted by a vote of the people in the Charter. City Manager Gerald Fox explained that a majority vote of the Council can approve this ordinance. Mayor Wallander stated that in the case of homestead property it can be assessed, but if the prop- erty changes hands it has to be paid. Mr. Robertson questioned how long he can keep this property before the state can take it. The Mayor stated that it would be hard to say, but that we are try- ing to improve the City and not make any hardship on anyone. The City Manager ex- plained that owners of side lots are paying one-half per foot what front foot property owners are. Mrs. W. J. Hall, 3601 Arthur (Cora McGee property) protested the paving of Avenue Z. She stated that it is a side street; that she is still paying on the front street. It will not help her property, and she cannot afford it. Mrs. R. E. Whitworth protested the paving of Avenue Z because it will not bene- fit her. Mrs. Nettie Shan appeared in favor of the paving of Brick Street, and inquired when she could pay cash for it. The City Manager stated that she would be notified when the paving is completed when the bill is due. Bernice Point, 203 Brick Street, inquired what part she will be required to pay for. It was explained by the City Manager that the curb will be constructed in front of her property (along with the paving) on Brick Street, and that she will have the option of paying the way she desires when it becomes due. Mrs. Alfred Jackson, at Sullivan and Brick appeared in favor of the paving of Brick Street. Mr. Grady England protested that he does not own the property on Brick Street. Mr. Lillard suggested that he check with the Property Agent to identify the owner of it. Lila Baker, 6th and Clift Street, stated that she would like to meet with Mr. Lillard after the meeting. A. B. Mears appeared for Mary Harshman at 306 Clift Street, protesting that she is on social security, and is not financially able to pay it. Calvin Jones appeared in favor of the paving on Clift Street. Larry Lambert, Attorney, appeared for the Ponderosa Estate property on Collard Street. They have been assessed $5,285.68. They employed an appraising firm to determine how much this property will be enhanced by this assessment. He read an appraisal report from J. B. Featherston dated May 11, 1973, stating that it is an 11.12 acre tract at Harding and Collard Streets. In his opinion, the best use of this land would be for residential development. Three sales in that general area show that land has sold from $900, to $1200, to $1500 per acre, with the first sale being made in 1968. In his opinion, the Pondorosa Estates property would have a market value of $1200 per acre before improvements, and a maximum of $1500 per acre value after improvements are made. The property value would be $13,344 before, and $16,680 after improvements. This would result in a $3,336 increase in value, as opposed to the City's assessment of $5,285.68. It is conceivable that they prop- erty could be improved not to the maximum value. The improvements will be to the benefit of the property, but not in the amount assessed. Three hundred dollars per acre is the amount that should be assessed against this property. Alderman Boyd inquired who would pay the difference in the assessment. Larry Lambert replied that it would be absorbed by the City, and paid by the general tax- payer because paving does benefit the whole city. The City Manager noted that appraising or assessing is not an exact science. The City's figure of $1,650 per acre is $150.00 difference, or about 10 percent. Perhaps the appraiser 's report could be off 10 percent? Mr. Lambert stated that he did not know since he is not an appraiser, but he did secure the best appraiser possible, which has also appraised for the City. It is an opinion, however. He requested that the assessment be reduced to $3,336.00 based on the fair market value. 758 Item 4a, cont'd. Alderman Still inquired of Mr. Lambert if his position is negotiable. Mr. Lambert stated that this is all he has. It was agreed that further consideration would be given this request. Larry Lambert also appeared for Mrs. Maggie Thomas on Collard Street. Her property has been assessed in the amount of $1,161.60. He stated that this property is not abutting property, and is not assessable. He stated that there is vacant land between her property and the street. He showed a line drawing of the plat taken from the County Clerk's records. The area involved was conveyed to the City by the School District in 1938. It appears that Mrs. Thomas has never owned any of Block 6, but only Block 5. He cited a court case in which it was held that property not abutting is not assessable. He requested that this assessment be de- leted from the ordinance. Mayor Wallander stated that this would be referred to the staff for study. Mayor Wallander announced that if anyone in the room wanted to leave his name and property location with Mr. Lillard, then they could leave and the minutes would reflect that they were against the paving. Mrs. Lewis Welchel, 4601 Coronado, stated that they have a hard top road that is sufficient. She stated that the natural drainage has been stopped up by allow- ing a builder to build two houses on one lot. Most people on this street are on social security, or widows with children. She stated that they cannot pay the assessment. It is not traveled heavily. She stated that she had a petition, which she presented to the Council, in which the owners requested that drainage be im- proved in lieu of the paving. Their assessment is $1,673.41. The Mayor stated that this problem would be referred to the staff, and let them take a second look at it. Dale Kepler, 4713 Coronado, appeared for himself and H. C. Loudermilk, 4715 Coronado. He questioned why the paving had not been put in, and is the drainage included in the paving of Coronado? Ernest Lillard explained that the drainage will be corrected at the time of the paving at no cost to the property owner. Mr. Kepler mentioned that Woods Convalescent Home was previously assessed for $4.00 per foot. He does not feel that the paving will enhance his property in the a- mount presently assessed. He stated that Mr. Loudermilk cannot pay this amount of the assessment on retirement income. He questioned assessing the paving since it is already a black-topped street. He is not opposed to the curb. City Manager Gerald Fox stated that the first block was reconstructed under the reconstruction program, and only assessed for the cost of the curb, gutter, and sidewalk, and not the paving. Some of the property owners evidently decided to request the street to be paved under the assessment paving, rather than the reconstruction program. He explained that it could be withdrawn with no indica- tion given when it would be placed on the reconstruction program. Mr. Kepler requested that the City withdraw this street from the assessment paving program, and let them decide what they want to do as far as reconstruction. The Mayor recommended that the staff look into it. The City Manager pointed out that if the people desired to withdraw the petition, then it should be done with the knowledge in mind that there is no way to determine when drainage or paving will be done; that it is very indefinite. The Council requested that a petition be presented to them from all the property owners affected requesting withdrawal of the street, if that is what they desire. Mr. Kepler also spoke for his wife 's aunt, Mrs. Mamie Wilson, 212 Clift Street, stating that there is no way she can pay for it. This is side footage on Third Street. Al Hargrove appeared regarding access to his property on Monroe, back of Fulton Street. He was instructed to work it out with Mr. Lillard. He is not being assessed in this program. Jerry Chenault, 3315 Garfield, appeared regarding his side property on Hampstead. He stated that he is not really against it or for it. He inquired concerning drainage installed as a result of a bond issue, and why Hampstead was not paved in that bond issue. The City Manager explained that all those streets 759 Item 4a, cont'd. that were paved at that time were assessed the same as he is being assessed at this time. He also explained that some of the property owners are being given credit for existing curb and gutter, and he is credited for nine lineal feet. He also inquired how he could get his alley graded. The City Manager urged him to participate in the alley paving program. Ernest Lillard stated that he would put it on the program for grading. Mayor Wallander recessed the meeting at 12 :00 P.M. until 7:00 P.M. The meeting was resumed at 7 :00 P.M. Alderman Still inquired what justification we have to pave Onaway Trail. Ernest Lillard stated that they have a petition from the only residential owner on Onaway Trail. Alderman Still believes we should eliminate this street from the program. There are six houses and one business, and only one house that fronts the street. The citizens ' cost would be approximately $7,500.00. He believes that no more traffic than there is on this street, that there are other streets in Wichita Falls that need their attention worse. He does not see that paving it is justified at this time. He mentioned KNTO Radio station being at the end of the street. Ernest Lillard stated that this street stops almost a block short of KNTO Radio station. He also explained that they try to respond to petitions presented first of all. A. L. Fitts appeared for the Berean Bible Baptist Church at the corner of Taylor and Wooddale. He stated that this church has disbanded, and they have sold this property on a sale contract. The Church as such has no money or income. They sold it to the Holy Ghost Mission, and their contract states that the buyer will pay all taxes and assessments. The Mayor stated that they would take it under advisement. Fred Cone appeared regarding 2527 and 2529 Terrace Street. He stated that the paving would be more than $1,500.00 on these two houses. These two lots are pie shaped, but have no depth to speak of. He inquired if there might be some relief on this. Ernest Lillard stated that they could re-figure it based on equiva- lent footage in relation to the front. Mr. A. R. Watson (as noted by Ernest Lillard) is not opposed to the paving, but is opposed to the amount of the paving. a A letter was presented from T. J. Pyle, Jr. , opposing the paving of Van Buren Street between Victory and Speedway. A letter was presented from Alvin L. Robertson in favor of the paving of 28th Street. Mrs. Bernard McEachren, 2401 Vernon, stated that all on Vernon Street, except one, are in favor of the paving. She questioned if the fair market value relates to all property owners who want their street paved? Mayor Wallander stated that the cost is based on front foot cost. She explained that this question relates to the Ponderosa request. She presented a letter from Mr. and Mrs. William Cowles, who are in favor of the paving of Wooddale Avenue. She asked how the contractor will determine which street will be paved first. Mayor Wallander stated that he felt it would depend on how much equipment the contractor had in certain parts of town, and how far he would have to move it The area he is working in will have a bearing on where he will pave. F. N. Latham and E. R. King on Waco Street are opposed to the paving on a hardship basis. Mrs. John D. Measley, Sr. , appeared regarding property at Avenue L and Buchanan at Avenue L. The only protest he has is that he feels the citizens should be able to approve the prices that homeowners will have to pay. He is not protesting the paving. Mayor Wallander stated that these prices are put out for bid, and when the bid is received it is figured on this basis. He further stated that he believes the City can hold a contractor to specifications better than an individual citizen can. Gordon Vrooman, 2001 Victory, appeared regarding Van Buren Street, stating that he had recently purchased this from Thomas 0. Perry. He does not believe the 760 Item 4a, cont'd. paving will benefit him in the amount of the assessment. He stated that he stands to lose 27 trees, and shrubs as well. These trees are privacy for his home.. Seventy-five percent of the home owners (Raymond Kalski, himself, and Thomas J. Pyle) feel that it will not improve their property, but deteriorate it. Ernest Lillard questioned whether it would take as many trees as he stated. They do not go back three feet from the curb. This is the last street in this area to be paved, and it will complete it. The above named property owners are not in favor of it. There is only one other property owner on this street, and he did not appear. Thomas Pyle stated that once a year a maintainer comes down this street and blades it out. Sometime in the past this street has had some type of asphalt on it. He mentioned noise in the area at night by hot rodders and night prowlers. He stated that his house is 35 years old, and he will not get 2/3 of the amount he has in it. He is opposed to the paving. The Mayor stated that even after passage of this ordinance, it will not pro- hibit them from removing or further considering any of them. ORDINANCE NO. 2796 r ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS A PORTION OF THE 1973 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND A- GAINST -THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVI- DENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO EN- GROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVID- ING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2796 be passed, taking a look at all those who have appeared for an exception. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 6a A proposed ordinance was presented repealing provisions in the Code of Ordinances requiring registration and licensing of bicycles. 1 ORDINANCE NO. 2795 • J AN ORDINANCE REPEALING SECTIONS 6-15 THROUGH 6-17, AND SECTIONS 6-28 THROUGH 6-33 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, WHICH SECTIONS PROVIDE FOR LICENSING AND REPORTS OF BICYCLES. Moved by Alderman Campsey that Ordinance No. 2795 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. ,4 ' Item 7a A proposed resolution was presented authorizing the City Manager to make application for a planning grant for an airport master planning project. Bill Fitzgerald explained that they are requesting an assessment of the aviation needs 761 Item 7a, cont'd. of the community. It is a cooperative effort on the part of the City and The FAA. It is a four-phase study, with three planning alternatives. Cost ranges will vary from just over $32,000 to $58,000. The City's cost will range from $11,000 to just over $19,000. It is anticipated that the City's share will include a sub- stantial contribution of services, thereby minimizing the actual cash contribution to the approximate range of $4,500 to $8,000. It is believed that the firm of Bovay is the best qualified for this study. Land acquisition or major development will require the master planning study. The City Manager explained that the only figure in the contract will be the maximum amount which the engineering company can bill us for. He further noted that the areas of this study will be in general aviation, and not commercial aviation. He feels that perhaps Alternative three will not be gone into at this time. The City Manager feels that sometime in the future a general aviation airport might be constructed from general obligation or revenue bonds. Revenue sharing funds are also available for this type of construc- tion. Alderman Morrison inquired just what would be in this study. The City Manager explained some types of things which might affect us as a community. Alderman Still explained that the Aviation Advisory Board had done a good job in working out the mechanics of this proposal. The City Manager stated that by having the airport master plan, it will make us eligible for federal funds for certain things that we are not now eligible for. Alderman Still noted that the Aviation Advisory Board and Bill Fitzgerald are due a vote of thanks from the Council for their performance of this task. RESOLUTION NO. 1417 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR PLANNING GRANT PROGRAM FUNDS TO ASSIST THE FINANCING OF AN AIRPORT MASTER PLANNING STUDY FOR WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS , the City of Wichita Falls is in need of a master plan which will pro- vide guidelines for future development of the Wichita Falls Municipal Airport to fulfill aviation needs, meet community goals and be compatible with the environ- ment; and, WHEREAS, the Board of Aldermen desire to submit an application to the Federal Aviation Administration for a planning grant for the airport master plan project; and, WHEREAS, the Board of Aldermen have expressed the intention to utilize the services of the firm of Bovay Engineers, Inc. to develop a master plan for the airport; and, WHEREAS, the Airport and Airway Development Act of 1970 (Public Law 91-258, Section 13) provides for grants of funds to municipalities for airport master plan- ning; and, WHEREAS, it is in the public interest that an application for a planning grant be filed to apply for funds from the Federal Aviation Administration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS that the City Manager is hereby authorized and directed to submit an applica- tion to the Federal Aviation Administration, Department of Transportation, for an airport master planning grant under the provisions of Public Law 91-258 to assist the financing of a master plan for Wichita Falls Municipal Airport in an amount not to exceed $57,955.00. Moved by Alderman Still that Resolution No. 1417 be passed. i Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Cam seY> Morrison Still Boyd, and McCullough Nays : None The Mayor announced that Bill Fitzgerald has qualified as an Accredited Execu- tive, which course of study is equivalent to a Masters Degree. I 762 Item 7b A proposed resolution was presented authorizing condemnation of a sewer ease- ment on the Jacksboro Highway. RESOLUTION NO. 1418 RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENT FOR SEWER LINE TO PROPERTY ON JACKSBORO HIGHWAY. WHEREAS, Jack N. Singleton and wife own a part of Block 12 of the McKenzie Subdivision to the City of Wichita Falls, which is located on the Jacksboro Highway, which land is not connected to the City's sanitary sewer system; and, WHEREAS, Mr. Singleton desires to connect such property to the City's sanitary sewer system, and the most practical way to do so is to tie into a city sewer main located in an easement on land owned by W. B. Hursh, which lies north of said Block 12, and Mr. Singleton has been unable to obtain an easement from Mr. Hursh to tie into such sewer main. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: SECTION 1. It is hereby determined to be necessary to acquire an easement for a sanitary sewer line across such lands of W. B. Hursh, Sr. in order to connect said Block 12 to the city sewer main located in the easement on the said Hursh land. SECTION 2. The City Manager is hereby authorized to purchase such easement from W. B. Hursh, Sr. for the sum of $50; if he is unable to purchase such easement, then the City Manager is authorized and directed to cause to be instituted condemna- tion proceedings for the purpose of acquiring such easement in the name of the City of Wichita Falls. SECTION 3. All of the costs involved in obtaining such easement shall be paid by the said Jack N. Singleton and wife. Moved by Alderman Boyd that Resolution No. 1418 be passed. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 8a A proposed resolution was presented approving the final estimate for sanitary sewer improvements in Beverly Industrial District to B & G Utility Construction, Inc. The final cost is $395.50 more than the contract cost due to extension of boring and casing under the highway and railroad tracks. RESOLUTION NO. 1419 WHEREAS, the City of Wichita Falls and B & G Utility Construction, Inc. , entered into a contract dated February 6, 1973, wherein said contractor agreed to construct certain Sanitary Sewer facilities , Project 89-168-07; and, WHEREAS, said improvements have been completed in accordance with plans and specifications; and, WHEREAS, a final estimate has been submitted on this project, which final estimate shows a total amount of work done as $11,688.95 of which none has prev- iously been paid to the contractor, leaving a balance due of $11,688.95 ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , THAT: The construction of such sanitary sewer extensions is accepted by the City of Wichita Falls, the final estimate is approved, and the City Manager is directed to pay the said contractor the amount due as shown on such estimate. 763 Item 8a, cont'd. Moved by Alderman Campsey that Resolution No. 1419 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Item 9 Permission was requested to advertise for bids for material and labor to remodel the backstage switchboard in Memorial Auditorium. Moved by Alderwoman McCullough that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item 10 Moved by Alderman Campsey that minutes of the meetings of the following boards be received. a. Data Access Advisory Board - May 1, 1973 b. Land Use Advisory Board and Planning Board Subcommittee - May 1, 1973 C. Aviation Advisory Board - May 2, 1973 d. Board of Electrical Examiners - May 8, 1973 e. Traffic Commission - May 8, 1973 Motion seconded by Alderwoman McCullough, and carried unanimously. Item lla Mayor Wallander made the following board appointments, with expiration dates as shown. i 0" a. Board of Equalization - Horace Downing, 0. W. McKenzie, Paul Dowdy, Paul i Springer - Alternate ` ,/b. Plumbing Advisory Board - -Fred Nunn - May 23, 1975 J. Arlie Chadwick - May 23, 1975 'Bill Rowland - May 23, 1975 c. Electrical Advisory Board - Lloyd Taylor, Jr. - May 23, 1975 C. F. Southerland - May 23, 1975 A. E. Saikowski - May 23, 1975 Sinclair Balch - May 23, 1975 d. Fire and Police Civil Service Commission - Dr. Clifford Burross - February 25, 1976 e. Planning Board - . Jesse Estrada - May 23 , 1976 Dave Rhone - May 23, 1976 (Vice-Chairman) Bill Gowan - May 23, 1976 ;Bill Spears - May 23, 1976 : Mrs. Frank Yeager - May 23, 1976 C. C. Durkee - May 23, 1975 Moved by Alderman Morrison that the appointments be approved. Motion seconded by Alderman Still, and carried unanimously. Item llb A proposed resolution was presented authorizing approval of a contract with R. Ernest Lee Associates for setting elevation and reference markers around Lake Kemp. 764 Item llb, cont'd. RESOLUTION NO. 1420 RESOLUTION AUTHORIZING CONTRACT WITH R. ERNEST LEE ASSOCIATES FOR PLACING ELEVATION AND .REFERENCE MARKERS AROUND LAKE KEMP. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The City Manager is hereby authorized to execute, together with Wichita County Water Improvement District No. 2, a contract with R. Ernest Lee Associates for placing approximately 180 elevation and reference markers around Lake Kemp in accordance with the agreement with the W. T. Waggoner Estate; the consideration to be paid to such contractor is the sum of $5,977.80, of which 66.11 percent will be paid by the City of Wichita Falls, and 33.89 percent will be paid by Wichita County Water Improvement District No. 2. Moved by Alderman Campsey that Resolution No. 1420 be passed. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Still, Boyd, and McCullough Nays : None. Mayor Wallander announced that Dr. Beyer was scheduled to appear before the Council, but was called out of town and will probably appear on June 5. He also announced the appointment of General Jerry Page as Chairman of the Special Pro- jects Committee of the Citizens Advisory Committee. Item llc Helen Farabee, appeared as secretary of the Children and Youth Action Council, requesting financial support of an infant care program. This organization was formed by the Wichita County Child Welfare Board to serve as an overall coordinat- ing agency for all day care centers in Wichita Falls, and to expand child care services to meet documented needs. In a survey which was conducted, the number one priority for action showed that there are no day care centers in Wichita Falls for the diaper age children. It was the only area that showed a complete vacuum of service. They were advised to make this their Number One priority. She stated that judges see on the average one case a week in which the family would be benefited if the mother could seek employment if she had child care available. They have to date found no way to fund a program which would meet the needs of a day care center. They are asking the City to be the catalyst for this community. They are request- ing $14,500 for one year as a pilot project. They would employ three prople - a registered LVN, plus two child care workers. They would provide nutritional and health care and education to the parent. Wichita Falls Day Nursery at 403 Lamar has stated that they have ample space and equipment necessary. The space, utilities , and insurance would be provided by them. This is located in the vicinity where they found are more welfare and mothers who are heads of families. She noted that this is a non-existent service, and not an expansion of another. It would be their pro- posal to contract with the City for this service. They would take responsibility for it. Alderman Still stated that he feels they are to be commended for bringing this program to the Council. Mrs. Farabee stated that they would make every effort to support it the second year, but they may not be able to fund it completely. It is possible that it could be continued on a yearly basis. United Fund has re- sponded with their resources to the two to five age group of children in upgrading and expanding this service, but they cannot take on this diaper age project. She stated that it is possible that they will come back after 12 months and request additional revenue sharing funds, but they do have options which they plan to ex- plore. Mrs. Farabee explained that this program cost is one-fourth less than the national average cost for this type of service. She feels that BCI would be open to help once the program is established. They would be trying to meet the needs of those who had no other alternative, and who were actively seeking employment. The cost is projected as $28.00 to $30.00 per week, per child, or $1,400 to $1,800 annualy per child. They will not take any more money than is necessary to operate the program if they can operate it for less than $14,500. 765 Item llc, cont'd. Alderman Morrison stated that he appreciated that she was on the agenda as a discussion item, and not for immediate action. They hoped to have a decision by June 5. She stated that industry has requested this program. She also stated that she realizes that any funding the Council might make could be discontinued after one year. Moved by Alderman Boyd that $14,500 in revenue sharing funds be made available to fund this program for a period of 12 months. Motion seconded by Alderwoman McCullough. Alderman Campsey commended their committee for their interest. He stated that he believes this is a charity business, and he finds it hard to convince him- self that government should be in the charity business. He is in favor of trying to help people to help themselves. He questioned if it were possible to arrange for some woman who is qualified to rear children to take care of a few children? Mrs. Farabee stated that they are only talking about those who do not have anyone else to look after them. If they have a home to be placed in, then that is prefer- able. Alderman Campsey stated that he does not feel that he has explored this far enough to make a judgment on it tonight. He would rather postpone it. Funding it by the City is not his idea of the way in which it should be done. Alderman Morrison stated that he hated to be put in the position to vote against it at this time. He feels that they have a standard of using revenue shar- ing money, and he proposed that it be tabled at this time. Aldermen Boyd and McCullough withdrew their motion and second. Mayor Wallander explained that he hopes some service club will come to the rescue of this group. Item 12 i The City Manager requested an elevated water tank in the Southeast part of town. Expressway East Industrial District is experiencing not enough water pressure to meet their needs. This has apparently become critical for some of the industries to obtain better water pressure. He requested authority for the engineering work toward ultimate construction of a storage tank in the southeast part of town. i Moved by Alderman Boyd that authority be granted to proceed with the engineer- ing plans. Motion seconded by Alderman Still, and carried unanimously. Moved by Alderman Morrison that future council briefing sessions and council meetings be held at the same time. (He gave 3 reasons for his support of this, stating that it does not extend to executive sessions authorized by the Charter, but only to briefing sessions) . Mayor Wallander stated that he felt the council members will not have the same participation in council meetings as they will in conference-type sessions, nor will they they come back at night. He feels both sessions are productive. Motion seconded by Alderwoman McCullough. Alderman Campsey stated that the briefing and work sessions are very important. He agreed that he can -get more from a work session than he can before a microphone. Between the time it is discussed in the work sessions and the time it is voted on, he has time to think, and he needs that time. Alderman Boyd stated that he agrees with Mr. Campsey regarding time to think. One way might be to postpone it for two weeks. The matter of rushing into things disturbs us all. He stated that they have information brought to them in work sessions that the general public knows nothing about. They could if they desired, but very few people attend. He is not opposed to the idea of opening those up a little more. Alderman Still stated that the Council has no control over persons appearing at the council or briefing sessions. He feels that any citizen or member of the news media is welcome to come to the briefing sessions, but when they come from 766 the briefing sessions they are ready to act on these matters with dispatch and with thought being given to them. Alderman Still commended Mayor Wallander for his willingness to call on the Council for work. Any citizen is welcome to all these meetings. Alderwoman McCullough agreed with the informality in sitting around a con- ference table. She felt that perhaps Mr. Morrison's idea is having those who usually attend council meetings in the briefing sessions. Mayor Wallander stated that he did not think anyone has gone any farther to attract people to the Council meeting than he has. People do not come to the meetings unless they have something like they have today. Alderman Morrison withdrew his motion, and Mrs. McCullough her second, but urged the Council to very carefully screen their sessions. Alderman Still moved that Mr. Morrison's motion be withdrawn indefinitely. It was pointed out that it had been withdrawn, so no action was taken. Dale Rice, 3601 Jacksboro Highway, appeared as the owner of Rice Auto Parts. He explained that he was faced with a parking problem seven years ago. He did have 12-15 parking spaces. Now he only has 3-4 parallel parking spaces. He requested useof part of the space for temporary parking. He was advised to write a letter requesting lease rights, and he thought it had been granted. He was advised by Mr. Lillard that no action was taken regarding lease of this property, and until further determination is made it will be necessary to remove all parking from city property, including the area adjacent to the alley. He stated that he lost money in December, January, February, and March for the first time in eight years when parking was so congested. He feels they have taken away two- thirds of his parking, and he is asking for part of it back. Mayor Wallander explained that they would delay action on this until they hear from Victory Baptist Church. Fred Bryant and Carl Betts appeared from Victory Baptist Church. They ex- pressed appreciation at receiving the letter from Mr. Fox, stating that the rec- ommended terms of the lease are acceptable, with the exception of three things. Length of term of lease was discussed, shrubs , concrete alley paving, and amount of lease. They would not be permitted to build on it or put a sign on it. Mr. Bryant stated that they hoped to purchase the property west of them. Regarding the lease term, Mr. Fox stated that he would not be opposed to a five-year option on the five-year lease. Mr. Fox also stated that the $500.00 proposed by the City was reasonable. Mr. Betts stated that the church would go along with the five-year lease and five-year option, and the alley paving. Moved by Alderman Still that we lease the property outlined in the City Manager's letter to Victory Baptist Church with a 5-year option; that we either write into the lease agreement that they will place a continuous line of shrubs along the property line or that the church agrees to maintain two men on the parking lot while it is in use; that we add one condition to the City Manager's recommendation regarding widening of Midwestern Parkway, that we can terminate this lease for the five-year option period with a 12-month notice, and that we reduce the rental to $350.00 per year. Motion seconded by Alderman Boyd, and carried unanimously. ` The City Manager stated that if the Council desires to lease some of the property at the Jacksboro Highway, then they should determine what property they want to retain. Alderman Still suggested that Mr. Rice and Mr. Fox work out something agreeable, and let it come back to the Council for approval. Mr. Rice stated that 40-50 feet will be enough. Mayor Wallander stated that any action they take will be on what they work out with the staff. He was granted temporary permission to use the space for parking. The meeting adjourned at 11 :00 P.M. PASSED AND APPROVED this ` day of 1973. ATTEST: Mayor City Clerk 767 Wichita Falls , Texas Memorial Auditorium Building June 5, 1973 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 10:00 o'clock A.M. , with the following members present: J. Winston Wallander Mayor j Harry Campsey Harrison E. Taylor I Lonny D,. Morrison X Aldermen Willard Still J. C. Boyd, Jr. fi Peggy McCullough X I Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderwoman McCullough. Item 3 I Moved by Alderman Campsey that minutes of the meeting held Mary 15, 1973, be approved. Motion seconded by Alderman Still , and carried unanimously. ' Item 4 Bids were opened on the sale of $2 ,000,000 sewer revenue bonds by Mrs. Thomas and Frank Medanich. Mr. Medanich represents The First Southwest Company, who is the City's financial advisor. The following bids and effective interest rates were received. a. John Nuveen and Company 5.0618 b. Reynolds Securities Company 4.951252 c. Underwood Neuhaus and Company 4.955335 d. Merrill Lynch and First Southwest Company 5.0239 e. First of Texas, Inc. 4.985295 f. Texas Commerce Bank of Houston 4.94167 Mr. Medanich took the bids to tabulate each of them. Mayor Wallander commended the First Methodist Church personnel who voluntarily staffed an office to help youth find summer employment. Moved by Alderman Still that the people involved in the Job Opportunities for youth program be commended for their endeavors. Motion seconded by Alderman Campsey, and carried unanimously. ✓ Item 14 Mrs. Helen Farabee again appeared regarding the request from Children and Youth Action Council for funding of infant day care program. She explained that she had explored a possible program through the Department of Public Welfare and the United Fund. She stated that it may be possible for them to fund the operation after September 1, 1974. The Mayor stated that the Council has expressed a desire to appoint a committee to take a closer look at this program, and he appointed Willard Still (Chairman) , Alderwoman McCullough, and with their consent, Howard Large, Judge Ashley (or his representative) , and Bill Donnell. 768 Allen Ware read a resolution from the Board of Realtors endorsing the concept of an activities center for the City of Wichita Falls. Cletus Schenk endorsed an activities center for the City of Wichita Falls on behalf of the Mounted Patrol. He also presented petitions to the Council for pay increases for firemen and policemen. The petitions were referred to the City Clerk for certification. Mr. Schenk stated that there are approximately 6000 signatures on each petition,, and that they are presenting them individually for the Police and Fire Departments since he understands that only one issue can be placed on the ballot. He explained that they are requesting a $115.00 per month increase for the police- men and firemen. Since 1959 we have lost 53 policemen - five so far this year, and three others on the way. He further stated that if the Council does not choose to give them a raise, then they are requesting that they present it to the electorate within 90 days. The Mayor explained that the Council would await the City Clerk's certification before they take any other action or discussion. ✓ Item 6a Dr. Arthur Beyer, Chairman of the Citizens Advisory Committee, appeared to make a report concerning the recommendations of the sub-committee on American Rev- olutionary Bicentennial Activities. Don Wills and Syd Gaines are also present who are members of the committee. For the bicentennial celebration in 1976, the committee is recommending an activities center, swimming pools at the 3 high schools , restora- tion of certain buildings, and the waste water treatment plant, which has already been approved by the voters. Dr. Beyer urged the Mayor and Council to endorse and put into forward motion the recommendations of the Bicentennial activities center with revenue sharing funds. He suggested close cooperation with Wichita County. He suggested that they institute a plan for the expenditure of revenue sharing funds within 60 days, or at the August city council meeting. They recommended cooperation with the board of directors of the Wichita Falls Independent School District on swimming pools, with various civic organizations on restoration of buildings, and with the BCI for the celebration in 1976. Dr. Beyer read an amusing Ode to Don Wills for his attention to this committee. Mayor Wallander commended the citizens Advisory Committee for their interest, and stated that they would take it under advisement. Don Wills stated that those who have served on the bicentennial commission have considered it a privilege. Their principal thrust on the revenue sharing funds is to make a capital investment for the community. In 1976 our general obligation bond indebtedness will be reduced, and that will make more money available to take care of other projects. Ned Hollandsworth, a Presbyterian minister, stated that he feels the bicenten- nial celebration in 1976 should represent some diversity of the land 's culture and community. He asked in what way the high school swimming pools meet these needs? There is no high school on the east side, and no swimming pool except at the YMCA, which is by membership only. He feels that they will not have transportation to the three high school pools. He feels this celebration should reflect the heritage and faith of our people, and urged that the Council reconsider this goal . The possibility of a swimming pool at East Side Junior High might be considered. We should be sensitive to the citizens of the east side. Mayor Wallander stated that the Council has not discussed pools at the schools. He mentioned sewer and street improvements recently instituted for the east side. He pointed out that no goals have been set as yet. Baxter Featherston appeared as a representative of young adults of Wichita Falls . He favored a bicentennial activities center - that we are in dire need of such a facility. The money for it will come from the federal government, and not directly from our pockets. He favored the County joining in also. The first thing to decide is that we are going to build it, and then decide where and how it will be designed. Preston McBee appeared as a citizen of Wichita Falls, and not as an employee. He stated that this activities center has been brought to the citizens of Wichita Falls twice, and has been turned down twice. He stated that he is not here for or against the center. It would be a wonderful thing if we could afford it. He stated that he believes a majority of the people again should have the right to say whether we have the center or not, and knows that the Council will give the people the right to be heard. 769 Item 6b Mayor Wallander presented an honorary citizen award to Airman Gary R. Davis, who was chosen as Airman of the Month. Item 5a The public hearing was opened on the 1973 Reconstruction program. r Frank Douthitt, attorney, appeared for Dr. Burris on Sunset Drive. He stated that he feels the City is the only one being really benefited by these improve- ments. Dr. Burris does not want the paving. He does not feel that it will benefit Dr. Burris at all, but is done for the benefit of the City. He stated that if they want to install curb and gutter then go ahead, but don't send him a bill for it. Frank Coker, President of Southwestern Drug Company, stated that they are opposed to the paving. They do not feel it will benefit them. Charles Hill, 4420 Sisk Road, appeared in opposition to the paving of Sisk Road, and especially the sidewalk. He appealed to the Council to hear the wishes of the people. L. A. Whittenberg, 4541 Sisk Road, stated that he realizes that curb and gutter is necessary, but is opposed to the sidewalks, and requested the Council to waive the sidewalks. He stated that there is quite a bit of traffic on the street. Clint Cozart appeared in opposition to the sidewalks on 35th Street. He stated that he is not complaining about the curb and gutter. There are about about five families who live on this street, and no small children. He mentioned Mrs. King's assessment. Recil Joyce appeared regarding property on Sisk Road and Puckett Road. Sidewalk has not been assessed on Puckett Road at this time because the property has not been subdivided. i Meddie King, 1501 Bland Street, appeared in opposition to the paving of 35th Street. She stated that she does not feel it will benefit her property, and that she is not able to pay for it. She inquired why sidewalks are necessary. Mayor Wallander explained that we are trying to improve the City for the future. She in- quired concerning Norriss Brothers Lumber Company, and it was explained that they I are also being assessed for their portion. She mentioned the drainage, and the City I Manager explained that it will be taken into consideration in the deisgn. Marion Keen, 4425 Sisk Road, appeared in opposition to the paving, stating that he had not talked with anyone who is in favor of the sidewalk. John Corona, 4430 Sisk Road, appeared in opposition to the sidewalks on Sisk Road, and requested elimination of them. He stated that there are very few small children on this street. Roy Parish, 4428 Sisk Road, stated that he is opposed to the sidewalk. Al Borgfield, 1603 35th Street, suggested that perhaps the sidewalk could be placed next to the curb to save trees and shrubbery. Richard Morgan, 4743 Eden Lane, stated that he was opposed to the sidewalk, but sees the point concerning future planning. He inquired how payment can be made. It was explained that he would have a payment option at the time of completion of the work, and that he would be contacted by the staff by mail at that time. E. L. Keen, 4415 Sisk Road, stated that he could see no benefit of a sidewalk. He feels that if a sidewalk is constructed, the City could pay for it. He is in favor of the curb and gutter and street paving, but not the sidewalk. He also requested load limit signs on the street. Two letters were read by Mayor Wallander. J. Menasco at 300 and 306 Sunset, stated he is definitely opposed to the paving. Mrs . 011ie M. Lancaster, 4403 Sisk Road, stated that she is in favor of the curb 100 percent, but is opposed to the sidewalk 100 percent; that she is not able to pay for it. 770 Item 5a, cont'd. ORDINANCE NO. 2797 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING STREETS FOR A PORTION OF THE 1973 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGN- ABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDER- MEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESS- MENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO EN- GROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MIN- UTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS , AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Still that Ordinance No. 2797 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still , Boyd, and McCullough Nays : None. Item 9a Frank Medanich explained that they had checked the proposals submitted for the sale of bonds , and they were all in order. He recommended that the bid be awarded to Texas Commerce Bank of Houston, with an effective interest rate of 4.94167 per- cent. He commented on the very competitive bids received. ORDINANCE NO. 2798 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS Moved by Alderman Still that Ordinance No. 2798 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 5b The public hearing was opened on hazardous structures. Slides were shown of the properties in question. Carl Cantrill , 716 Ross Avenue, stated that the biggest portion has been cleaned up, and he intends to do more. He desires to fix it up for residential use, and fence the property. He explained that his total income is a $114.00 per month veteran's pension. He stated that he will clean it up as soon as possible. Mayor Wallander stated that he feels sure the Council and staff will give him a 90-day extension. r ORDINANCE NO. 2799 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2799 be passed. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough r . Nays : None. 771 Item 7a 1 A proposed sewer charge increase was explained by the City Manager. The mini- mum fee would be increased from $1.25 to $1. 75. The proposed ordinance would estab- lish an average water rate usage for the amount of water metered during January, February, and March of each year for residences. The sewer service charge would depend on the amount of water used. Each user would be billed for the remainder of the nine months of the year at this rate. ORDINANCE NO. 2800 ORDINANCE AMENDING SECTION 32-57 OF THE CODE OF ORDINANCES, ESTABLISHING CHARGES FOR SANITARY SEWER SERVICE, AND DECLARING AN EMERGENCY. Moved by Alderman Still that Ordinance No. 2800 be passed, setting the sewer rates. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes: Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 7b A proposed ordinance was presented closing a portion of Adams Street. ORDINANCE NO. 2801 AN ORDINANCE CLOSING A PORTION OF ADAMS STREET RIGHT-OF-WAY SOUTH OF FRONT STREET AND WEST OF LOT 21, BLOCK 87 OF THE WICHITA FALLS ORIGINAL TOWNSITE. Moved by Alderwoman McCullough that Ordinance No. 2801 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: i Ayes: Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 7c A proposed ordinance was presented deleting a street from the 1973 Assess- ment Paving program. The City Manager stated that they are recommending deletion of Onaway Trail from the paving program because there is a question of sufficient right-of-way for constructing this street. Some adjustments have been made in other cases regarding lot size irregularities and assessed at the side rate. Heb also stated that it is his understanding that the latest petition on Coronado shows 75 percent of the frontage in favor of it being left in the program. ✓ ORDINANCE NO. 2802 AN ORDINANCE ABANDONING THE CONSTRUCTION OF IMPROVEMENTS ON PORTIONS OF STREETS AT LOCATIONS OUT OF THE 1973 ASSESSMENT PAVING PROGRAM, DELETING SAME FROM CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS, TEXAS; AND CANCELLING THE ASSESSMENT LIENS LEVIED AGAINST ABUTTING PROPERTIES. Moved by Alderman Still that Ordinance No. 2802 be passed. Motion seconded by Alderwoman McCullough. Alderman Boyd commented on the Ponderosa Estates property valuation. Mr. Kepler appeared for himself at 4713 Coronado, and for Mr. Loudermilk at 4715 Coronado. He commented on the petition signed by all property owners, except one, requesting withdrawal of the street from the paving program. A second petition was drawn up withdrawing some signatures from the previous petition. He recommended that a simple majority of the owners be taken instead of frontage. He also requested that the yield sign at Columbia be changed from the east-west traffic to the north- south traffic. 772 Item 7c, cont'd. Larry Lilly appeared as minister of the Southwest Baptist Church on Coronado. He explained that 10 of 13 property owners signed the original petition. After the second petition was signed, they understood that the City would act on it at a lesser rate of money for the same type of construction. They now realize that the City will not construct the street under the reconstruction program at any near time. A particular lot had been mentioned in that area where junk has been accumulating, and Alderman Still requested that the lot in question be checked by the Inspection Department. Larry Lambert inquired if any adjustment was made in the Maggie Thomas prop- erty. Ernest Lillard stated that it had been adjusted to a side lot footage. Mr. Lambert still requested that the assessment on her property be deleted because it is not abutting property. He also mentioned the Ponderosa Estates property, and urged that the assessment be reduced as requested at the last meeting. The motion for passage of Ordinance No. 2802 was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 8a A proposed resolution was presented approving a settlement with Lee Kelly regarding some church property. RESOLUTION NO. 1421 RESOLUTION APPROVING SETTLEMENT OF CLAIM FOR DAMAGES BY LEE KELLY. WHEREAS, Lee Kelly has made a claim for damages against the City to Lots 40, 41 and 42 of Block 4 of Homewood Addition to the City of Wichita Falls, allegedly caused by the improvement of Smith Street by the City; and, WHEREAS, a tentative settlement of the claim has been reached by the parties, whereby Mr. Kelly will execute a complete release for damages in consideration of the City's paying to him the sum of $1,000, granting to him parking privileges over an alley easement to the north of such property as long as such alley is not needed for other public purposes, and releasing of no more than fifteen feet in front of the church from existing street right-of-way, but retaining therein a utility easement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such settlement is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1421 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. i � f Item 8b I A proposed resolution was presented calling a public hearing on Phase III annexation of Lake Arrowhead. RESOLUTION NO. 1422 A RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ANNEXATION PROCEEDINGS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A public hearing shall be held in the City Council Chambers in Memorial 773 Item 8b, cont'd. Auditorium in Wichita Falls , Texas at 10:00 o'clock A.M. on the 3rd day of July, 1973, at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings , annexing all of the right-of-way for the Lake Arrowhead raw water transmission line lying outside the city limits of Wichita Falls, City owned property adjacent to Lake Arrowhead, and certain portions of Lake Arrowhead. The City Clerk is directed to give public notice of such hearing by publishing a notice thereof one (1) time in a newspaper having general circulation in the city and in the terri- tory proposed to be annexed, not more than twenty (20) days nor less than ten (10) days prior to the hearing. i Moved by Alderman Still that Resolution No. 1422 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 8c + A proposed resolution was presented authorizing the City Manager to execute a contract for the third year police study. The City Manager explained that this study would be funded by the M.I.S. federal contract. RESOLUTION NO. 1423 RESOLUTION APPROVING CONTRACT WITH PINNELL-ANDERSON-WILSHIRE AND ASSOCIATES, INC. FOR THIRD YEAR POLICE STUDY. ! BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract between the City of Wichita Falls and Pinnell-Anderson- Wilshire and Associates, Inc. , a copy of which is attached hereto, providing for consulting services in connection with the Article Processing portion of the Law Enforcement Subsystems Advisory Committee (IMIS-USAC) Project, is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Boyd that Resolution No. 1423 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 8d A proposed resolution was presented authorizing encroachment on public right- of-way by City National Bank. This encroachment would be 15 feet below the surface of the alley, and 12 feet below the surface of the sidewalk. RESOLUTION NO. 1424 RESOLUTION GRANTING SPECIAL PERMIT TO CITY NATIONAL BANK TO INSTALL FOOTINGS UNDER SIDEWALK AND ALLEY. I WHEREAS, City National Bank plans to build a new building in the 800 block of Scott Street, immediately adjacent to and south of their building, and the Bank has requested permission to install footings which will extend two and one-half feet into the alley, which footings will be about one foot thick, and the tops of which will be fifteen feet deep below the surface of the alley, and also to in- stall footings which will extend six inches into the Scott Street right-of-way, which footings will be about one foot thick, and the tops of which will be twelve feet deep below the surface of the sidewalk; these footings are shown on the plan submitted with such request, which is made in accordance with Section 2203.1 of the Building Code of the City; and, 774 Item 8d, cont 'd. WHEREAS, it is the opinion of the Department of Public Works that these foot- ings will not interfere with any existing or anticipated utilities or other use of the public right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT : " There is hereby issued to City National Bank, hereinafter called "Bank", a special permit allowing the installation of such footings under the alley and side- walk as shown on such plan on file with the Inspection Department, subject to the following requirements : 1. Bank must obtain all other applicable permits required by city ordinances. 2. The use which the Bank plans to make of the underground portion must not interfere with any existing public use. 3. The City has the superior right to reduce the premises in question to possession as and when necessary for such to be done for public purposes and even prior thereto to regulate and control the same as essential for the protection of the public safety and convenience. 3. In the event the City, or any public utility company, should find it nec- eccary to reroute underground lines in the street or alley adjacent to this property, or to redesign the manner of their installation, with attendant increase of ex- pense, as a direct result of the Bank's use of the area under the sidewalk or alley, the increase of expense occasioned thereby will be paid by and assessed against the Bank. 4. City reserves the right to terminate this permit whenever in the City's judgment same might become inconsistent with the public use thereof, or when it might become a nuisance. Moved by Alderman Still that Resolution No. 1424 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 8e A proposed resolution was presented authorizing the City Manager to transfer title of property from the City to the State for Kell Freeway. RESOLUTION NO. 1425 WHEREAS, the City of Wichita Falls and the Texas State Highway Department are co-operating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls ; and, WHEREAS, by contract signed January 31st, 1968, the City and the Texas State Highway Department agreed that they would share equally in the cost of the right-of-way and utility adjustments for this project; and, WHEREAS, the parcel hereinafter described was acquired and paid for, at the appraised value of $359.00 by the City of Wichita Falls as a part of a larger tract of property acquired in right-of-way acquisition for F.W.D.R.R. relocation. WHEREAS, by Resolution No. 1168 the City Manager was authorized to purchase 0.011 of one acre of land out of Lot 2, Block 57, Section 6-D, Fountain Park Addition for the Texas State Highway Department for the appraised value of $359.00; and, WHEREAS, the Texas State Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the approved value of this parcel required for right-of-way for the Kell Freeway project as soon as a deed thereto from the City to the State of Texas has been delivered and recorded. 775 Item 8e, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager, acting for and in behalf of the City of Wichita Falls, is hereby authorized and directed to execute a deed conveying unto the State of Texas this parcel required for right-of-way for the Kell Project. This parcel is speci- fically described in the records of this project on file in the offices of the Department of Public Works in the City of Wichita Falls. The consideration for such deed shall be the sum of fifty percent (50%) reimbursement of the value of Three Hundred Fifty Nine ($359.00) Dollars for the said property under the terms of the above mentioned contract. Such deed shall reserve all of the oil, gas and sulphur under the land conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drill- ing for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deed shall contain a general warranty. Moved by Alderman Campsey that Resolution No. 1425 be passed. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 8f i A proposed resolution was presented authorizing application for a Manpower Planning grant in the amount of $40,000. RESOLUTION NO. 1426 A RESOLUTION AUTHORIZING APPLICATION FOR GRANT UNDER THE MANPOWER DEVELOPMENT AND TRAINING ACT. WHEREAS, in order to make a positive effort toward coordinating the delivery of manpower services in the city, in 1971 the City applied for, and received, a grant from the United States Department of Labor under the Manpower Development and Training Act for use by the City to establish a Manpower Planning Staff; and WHEREAS, it is deemed to be in the public interest to make application for a new grant to continue this program, by making application for funds in the amount of $40,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager of the City of Wichita Falls , is authorized and directed to complete the application in the name of the City of Wichita Falls for a federal grant under the Manpower Development and Training Act, to be applied to the cost of a Manpower Planning effort; said City Manager is further authorized to sign any necessary documents required to carry out and complete such project on behalf of the City. Moved by Alderman Boyd that Resolution No. 1426 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 9b It was recommended that the low bid for 2000 feet of Ten Conductor Computer Cable for the Police Department terminal be awarded to Clifford of Vermont in / the amount of $2,236.00. 776 Item 9b, cont'd. Moved by Alderman Still that the bid for computer cable be awarded as rec- ommended. Motion seconded by Alderman Campsey, and carried unanimously. Item 9c Bids were considered for labor and material to remodel the backstage switch- board in Memorial Auditorium. The low bidder, Byrd Electric Company, did not sign his bid, and the second low bidder, Ace Electric Company, failed to include a V signed copy of the addendum as required. Mr. Byrd wrote a letter to the Purchas- ing Agent verifying that the bid was submitted in good faith, and that it is valid. RESOLUTION NO. 1427 WHEREAS, The City of Wichita Falls has advertised for bids for furnishing labor and materials for the remodeling of the switchboard under the stage area of Memorial Auditorium; and WHEREAS, several bids were received, and it is found that Byrd Electric, who bid $2,637.00, 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 Byrd Electric, in the amount of $2,637.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Byrd Electric for the construction of such improvements. Moved by Alderman Still that Resolution No. 1427 be passed, awarding the bid to Byrd Electric Company in the amount of $2,637.00. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. y Item 9d Ed Ilschner, Jr. , Director of Traffic recommended award of the following bids j for traffic signal equipment. ✓ A. Automatic Signal Company - Controllers - $443987.00 Traffic Signals - 8,597.50 Signal Cable - 1,097.28 B. Signal Engineering Company - Signal Poles $7,165.00 Loop Detectors - 4,151.25 Moved by Alderman Campsey that the bids be awarded as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 9e Bids were considered on microfilm equipment for the Police Department, Health Unit, and Library. After evaluating each bid, it was recommended by Dan Savage, Administrative Assistant, that the bids be awarded as follows. A. Bell & Howell (Police Department) $19,522.87 16mm Planetary Camera - 1,579.80 16mm Rotary Camera 5,108.90 Film Processor 2,555.80 16mm Jacket Filler 1,269.00 777 Item 9e cont'd. Diazo Microfiche Duplicator 4,324.00 Microfiche Reader/Printer 3,769.40 Microfiche Storage Cabinets 617.00 B. Bell & Howell (Health Unit) $3,303.16 16mm Jacket Filler 1,269.00 Microfiche Reader/Printer 1,884.70 Microfiche Reader 149.46 C. Eastman Kodak (Library) $3,795.00 Microfilm Reader/Printer 3,795.00 It was explained that funds for the Police Department will be partially funded by a law enforcement assistance administration grant approved by the Texas Criminal Justice Council. The total City cash outlay for the microfilm equipment will be as follows. Funds are available. A. Police Department $ 4,975.61 B. Health Unit 3 ,303.16 C. Library 3,795.00 Total $12,073.77 Moved by Alderman Campsey that bids be awarded on microfilm equipment as rec- ommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 10 i Change Order No. 4 and a supplemental agreement on the Railroad relocation project with Gilvin-Terrill, Inc. were recommended for approval by Ernest Lillard, Director of Public Works. The change order is an additional amount of $6,732.00, and the supplemental agreement is increased in the amount of $4,990.00, for a total revised contract amount of $1 ,495,828.90. Moved by Alderman Campsey that the Change Order and Supplemental Agreement be approved as recommended. Motion seconded by Alderman Boyd, and carried unanimously. a Items lla & b Permission was requested to advertise for bids for estimated annual supplies of 180 tons liquid chlorine, and 142,000 pounds of fluoride. Moved by Alderman Still that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item llc The bids received on the Lucy Park swimming pool were too high, and it was / recommended by Lloyd Rigby, Director of Parks and Recreation, that the bids be rejected, and modifications be made to the plans for the bathhouse, fencing, deck- ing and miscellaneous equipment in order to bring the construction within the allocated funds of $80,000.00. Moved by Alderman Boyd that the bids be rejected, and that authority be granted to re-advertise,with the modifications as listed. Motion seconded by Alderman Campsey, and carried unanimously. Item 12 Moved by Alderman Campsey that minutes of the meetings of the following boards be received. 778 Item 12, cont 'd. A. Park Board - May 22, 1973 b. Planning Board - May 9 and May 24, 1973 Motion seconded by Alderwoman McCullough, and carried unanimously. Item 13a Moved by Alderman Campsey that a public hearing be set for July 3 , 1973, on hazardous structures. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 13b A request was presented from the Wichita Falls Art Association of the Woman's Forum for a variance from the ordinance to allow them to conduct a sidewalk art sale for one day on October 6, 1973, at loth and Scott. It was recommended by Jack Griffin , Acting Director of Traffic, that the request be granted, with the provision that the art association provide the City with liability insurance for any damages or liabilities connected with the show or sale. Moved by Alderman Boyd that the request be granted, as recommended. Motion seconded by Alderman Campsey, and carried unanimously. Item 13c A request for variance from the subdivision regulations was made to the Plan- ning Board by John Hirschi concerning Waverly Subdivision. Development of this property was presented as a condominium. It was later learned from the examina- tion of the covenants and restrictions that it was not a condoninium as originally planned, but a townhouse type of development. The City Manager explained that Mr. Hirschi has requested that the restriction on the non-sale of property be rescinded. The private street was also constructed under less than minimum standards of the City. The staff recommends that the lots be allowed to be sold, and the street re- main private. The stipulations made are that this action would only apply to this particular development and does not endorse the sale of individual lots facing private streets on any other existing or future developments, and that appropriate legal agreements for access easements must be consummated. Moved by Alderman Morrison that authority be granted to sell these lots with the stipulations mentioned by Mr. Fox. Motion seconded by Alderman Boyd, and carried unanimously. Item 13d Moved by Alderman Campsey that the second regular council meeting in June (June 19) be cancelled. Motion seconded by Alderman Boyd, and carried unanimously. Otis Polk appeared concerning trains blocking the railroad crossings on Park, 7th, and Rosewood, and requesting that the Harding Street extension of Kell be considered for the next phase of the project. The City Manager explained that all the funds voted in 1967 have or will be spent - that it is possible to use revenue sharing funds to purchase right-of-way. He also explained that the High- way Department sets the priorities. At this time we are only committed to com- pleting those projects already set. It would be unlikely that the Highway Depart- ment will schedule all four sections at one time. Rosa L. Donnell appeared and mentioned the tax exemption for senior citizens. . Mayor Wallander explained that they have taken a close look at it to see what it would do to the tax structure of the City. She asked if she should get a petition, 779 and the Mayor stated that she has the right to secure a petition calling for an election if that is what she desires. The meeting adjourned at 1 :03 P.M. PASSED AND APPROVED this day of Gc, 1973. Mayor ATTEST: City Clerk i � � ,• + ,,�,>� ate: C O N T R A C T between City of Wichita Falls, Texas and Pinneil-Anderson-Wilshire and Associates, Inc. i. PARTIES TO CONTRACT The parties to this contract are the City of Wichita Fails , Texas, hereinafter referred to as � c CITY, and Pinnell-Anderson-.aiishire and Associates , Inc. , a consaiting organization, hereinafter refarred to as the CONSULTANT. The CITY hereby designates fir. Paul :. Yeager, Director, Deparzmmen of' Public Safety, as Its representative and the CONSULTANT hereto 6,eslbnj'3tes it-. Richard W. roWard as Its representative. ii. PU',U' �' 02 COI' 1RACT T :e sr�cse. oI th cc.«r .c to set forth the responsibilities, arc. CC i`.' ..;a:-__S Oi L.iiC CONSULTANT and --io CI1Y in executing consulting s2.rvices in cor::colon �.-lth ,:.,.e Are cle i'rocessin3 portion of the Law Enforcer.-.ant Sybo:. m cf the Inca-rated ii� i]' c`� Inr_ormacion al Systems-Urban Systems Advisory OlT.lttee (INIS-t:SAC) Project. TLils project is being conducted by the CITY with funding support provided through USAC. It is uncerstood ,.:,at the work to be performed under this contract represents spec .sic work- assign,ents w'aici: are to be coordinated with the IMIS-USAC project effort in order to insure compatibi.iity. III. PERIO-D OF CONTRACT T:1a effective date of this CoiltraCt iS Tsil� 1 , l97> > and it will continue until June 36 , 7u- , at which time the above project iS scheduled for completion. It is the undersca.iding OZ all parties to this contract that tine CITY, by Joining In this contract does not pledge or promise to pledge the assets of the CITY or any other Public Agency, nor toes it promise to pay any part of t;le contract sum provided for in tills vgl'cerme:it irOm any -monies of the CITY except such monies as s.nall have been granted end paid through the USAC Pro-ect. It -S tlr�-:ier too[-1 3-. . , ;,1" JET �.':C :'art�es C%at 1n the eve nz a ccnt-_-ac: is not c,)ncludc'Q Li_,_ eeni she C_..ri" :i1i.0 U \,C, or should., for any reason USAC disulprov,. 11S collt-�act air re..use 4L0 Ilia:Ce luncis available to the CiTY for the purpose of carrying Out ti,e lnter.t of this contract, then this contract shall be void and shall not be binding on any of the parties hereto. IV. RESPONSIBILITIES OF THE CONSULTANT The responsibilities of the CONSULTANT shall be defined in terms of the following time periods: July 1 , 1973 tarough June 30 , 7-974 The CONSULTANT agrees to furnish all the technical personnel to carry out the follow tasks during the time periods specified. A. 1. Task #1 - PROJECT PLANNING a. Define Activity Relationships - Definition of pre- cedence and dependency relationships among project activities. b. Construct Projact Planning, Chart 2. Task #2 - REVISE ARTICLE PROCESSING DESIGN a. :review Lad ; norcem• nt Sub-system Design - General review o< the lata enforcement sub-system to insure that the article process is compatible with other law enforcement processes. 4 Y b. Zeview Article Processing; With City Personnel - Detail review of the Article Process with City Personnel- and make required revisions. c. Gbtair, i2iIS L_corc, _ure - Collection of updated :iIS standards and guidelines, system services available and user procedures anti routines ..7ritten by ot;ier application groups. d. :;cvlei•_ 1'ci- S CTCS 1'01',OL Application y anual - Review the iIS syste;us group compiled -manual which is to oe an aid in writing CTCS program for the Wichita Talls Systems. e. ievise Terminal Disci y o nnats - Advise City Analyst on revisions anti coding of terminal dis- play formats. f. Identify Data Access ;routines - Specify the computer routines which will be required by the Police Article Process for file maintenance. g. Submit Data Element Coding, Structures - Assist and advise the City Analysc in the revisions and coding of the Police :°,rticic Process coding structure re- quire nt . h. Idc,l�if- 6 ,rm Data E-cements - d zise Cit Anal;s _: Sl,,nrient of data name to the terminal display data elements. i. Establish Terminal D�«a Field Edit Criteria - Assist the City Analyst in establishing the terminal display data fields edit criteria. j . Article Report Ccntrol Program Desig_. - Assist the City law enforcement group in designing a report control program which will be modified and used by each law enforcement process. 3. Task #3 - POLICE ARTICLE PROCESS PROGRAX CODING Code computer programs to perform the Police Article Processing as specified below. The program coding formats and techniques are to conform to MIS standards. -2- 1. Article Inquiry Program Coding 2. Article Add Program Coding 3. Article Delete Program Coding 4. Article Modify Program Coding 5. Article Reporting Program Coding 4. Task #4 - POLICE ARTICLE PROCESS PROGRAM TESTING Each Police Article Process Program will be tested individually to insure continuity of data and program results. Then a system test will be conducted to insure the integrity of data that is generated and/or manipulated by the Article Process Programs. Each of the sub-task areas are specified below will conform to the IMIS pro- gram testing procedures. 1. Ar4:icle Inquiry Program Test 2. Article Add Program: Test 3. Article Delete Program: Test 4. Article Aiodify Program Test 5. Article Reporting Programs Test 6. System Test 5. Task #5 - REPORTING a. Progress Reuorts - Prepare and submit monthly pro- gress reports and other project status reports as required. b. Information Reports - Information reports will be prepared and submitted at the end of each project quarter and will include a summary of activities durinl the quarter. These reports will be sub- mitted in five (5) copies. c. User Procedures Manual - A manual specifying the coding procedures and system usage procedures. d. Data Processing=,rocecur2s 'Manual - A manual specifying each program in the Police Article Process and ;:lie computer operating procedures for eac"- program. e. P o I A :e`or .0 1 7_: vt_.i..._.a tC l.on packa ;e oz n Police Article w1 , be prepared and presented at the end of the project period. This report w'11 be furnished in draft form. The CONSULTANT shall accept ull responsibility for payment of unemployment insurance, premiums for workmen's compensation and social security, as well as all income deductions and any other items of payroll deductions required by law for his employees engaged in the work authorized under this contract. All reports, maps or other documents produced in whole or in part under this contract shall be owned by and be the property or the CITY. V. RESPONSIBILITIES OF THE CITY The CITY will be responsible for the overall conduct of the project. Specific responsibilities of the CITY are further defined as follows: A. RU orting and Records System 1. The CITY will assist the CONSULTANT in an examination and revision of the Article Process system design. -3- Sources of data., data collection forms, data storage and maintenance systems , information users and inform- ation flow will be made available by the CITY repres- entatives. 2. Assist in the design and revision of data collection forms and procedures. 3. Collect, code, keypunch and verify, or otherwise prepare data for input into computer storage file in accordance with designed formats and procedures. 4. Assist in the design and/or revision of specific statis- tical and management reports. S. Code and correct all required entries to Customer Information Control System (CICS) and MIS before program coding is initiated. 6. Make all pertinent IMIS project reports and documentation available to the CONSULTANT. B. Data Processing - The CITY shall provide data processing facilities for the storage, tabulation and analysis of project data. Provision will also be made to permit the CONSULTANT to use the CITY's data processing facilities to compile, check-out and/or otherwise debug all programs related to this project. C. The CITY will contribute the following to the project: 1. Staff to collect and record the data as required to complete the project objectives. 2. Forms, necessary supplies and materials. 3. Staff to code and correct required CICS and/or MIS entries (i.e. , component inventory, Data access routines, terminal display templates, coding structures, terminal display data elements , etc. ) 4. Secretarial services as required by the project. 5. Office space within the CITY for coil` ulwnt representative. 6. Drafting as requiree by the project. 7. Computer facilities, including operating staff, to perform data storage, tabulation and retrieval. 8. Reduction as required and printing of the User Procedures Manuals , Data Processing Procedures Manual and all required documentation. D. IZIS System Services - It will be the responsibility of the CITY to identify IMIS system services , demonstrate deliver- ability of IMIS systems services and specify all aspects of the IMIS system design to the CONSULTANT prior to the beginning of Task 3. Any changes in the !MIS or Article Process System Design by the CITY after the CONSULTANT has initiated the coding in Task 3 will require additional work on the part of the CONSULTANT for which he will receive additional compensation as defined in Section XI. -4- E. Payment - The CITY shall review the work of the CONSULTANT and shall provide for payment of compensation as specified in Sectioa XI of this contract. F. evaluation - The CITY shall evaluate the performance of the CONSULTANT in terms of the tasks specified in this contract and shall not allow that evaluation to be influenced by the performance or non-performance of information system develop- ment teams not under jurisdiction and control of the CONSULTANT. VI. INTEREST OF MEMBERS OF THE CITY AND OTHERS No officer or employee of the CITY or member of its governing body who exercises any function or responsibilities in connection with the undertaking or carrying out of the project shall, prior to the comp-etion of the project, acquire any personal interest direct or indirect, in any contract or proposed contract in connection with the project. If any such member, officer or employee presently has, or in the future involuntarily acquires any such personal interest, he shall immediately disclose such interest to the CITY. Upon such disclosure, such member, officer, cr employee shall not participate in any action by the CITY the carrying out of the project. The CITY shall promptly advise the Governiment of the facts and circumstances concerning any disclosure of interest made to it pursuant to this paragraph. No official of the CITY and no member of its governing body and no other public official of the locality of localities in which the proj�zc is situated or being carried out, who exercises any fun- ctions or responsibilities in tine review or approval of the under- taking or carrying out of the project, shall acquire any personal interest, direct of indirect, to any contract or proposed contract in connection with the project. VII. INTEREST OF CONSULTANT This CONSULTANT covenants tizat he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any way or degree with the performance of his services hereunder. The CONSULTANT further covenants that in the performance of this contract, no person having any such interest shall be er',piciyed. Tt e S si „ - _ _.,_ori;,ation pertaining JLTAN �ll .got re. cr «.., to this project to any other a,�enc, wit:;out prior written approval of the CITY representative. VIII. No member of or relegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. IX. DIRECTION OF WORK A. The work done by the CONSU:TA:;T's staff and associates shall be under the personal supervision of the CONSULTANT or such other qualified person as shall be designated by the CON- SULTAINT and approved by the CITY. B. In the aforesaid supervision, the CONSULTANT or his represen- tative shall act in complete harmony and coordination with Supervising Representative of the CITY. -5- C. In order that the CITY may meet its obligations to USAC with respect to supervision of program content technical quality of the work to be performed by the CONSULTANT under this contract, the work to be done by the CONSULTANT shall be in conformance with the highest standards of pro- fessional work. D. In the event of any disagreement between the CONSULTANT and the Supervising Representative of the CITY, the decision of the CITY shall prevail. X. EQUAL DIPLOYINENT OPPORTUNITY In carrying out the project work, the CONSULTANT will not discriminate against any employee or applicant for employment because of rage, creed, color, or national. origin. The CON- SULTANT will take affirmative action to insure that applicants are employed, and that employees are treated during the employ- ment, without regard to their race, creed, color, or national origin. Such action shall include., but not be limited to the following: employ,„ent, upgrading, demotion or transfers ; recruitment or recruitment advertising; layoff or ter-lination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The CONSULTANT agrees to Post in conspicuous places, available to employees and applicants Tor ei:nployrlert, notices to be provided by the CITY Setting forth the provisions for this -non-discrimination clause. The CON-will, in all solicitations or advertisements for employees placed by or on behalf of the CO\SULTANT, state that all qualified applicants will receive consideration for er.-ployment without re- gard to race, creed, color or national origin. The CONSULTANT shall ,include similar provisions in all subcontracts for services covered by this contract. Xi. COMPENSATION The CITY shall be the sole judge of the quality of the work per[orr.,ed. The CO-NSULTANT shall be entitled to compensation upon satis- factory completion of the work described in Section IV of this The ai.-iou _. of Co:-tu)cnsRtion &,:all. 'Dc relat2C. to the CO r._.c'c10:h OT C'I i-na CUM ��,�Al�� by thiS C 17,Ct �iind L Ur GG i:. uIC.. _ p y0_ iPrGVal and Jam: iicCuted .;y both par_-leL; to .is Contract. 1ae CON— SL_'A�N- shall submit a statement of the, percent completion of the various tasks every three (3) months and the CITY shall make partial payments to the CONSULTANT based upon this statement of work performed. Specific amounts of compensation which shall be assigned to the work elements of each task are listed by time periods as follows: A. 1. Task #1 - PROJECT PLANNING 1-A Define Activity Relationships $300.00 1-B Construct Project Planning Chart $300.00 $600.00 _ti_ 2. Task #2 - REVISE ARTICLE PROCESS DESIGN 2-A Review Law Enforcement Sub-System Design $ 640.00 2-B Review Article Processing with City Personnel 384.00 2-C Obtain IMIS Literature 64.00 20 Review IMIS CICS COBOL Applications Manual 128.00 2-E Revise Terminal Display Forms 256.00 2-F Identify Data Access Routines 64.00 2-G Submit Data Element Coding Structure 192.00 2-H Identify and Submit Terminal Display Data Elements 320.00 2-1 Establish Terminal Data Field Edit Criteria 160.00 2-J Article Report Control Program Design. 124.00 $ 2,332.00 3. Task #3 - POLICE ARTICLE PROGRAM CODING 3-A Article Inquiry Program Coding 3000.00 3-B Article Add Program Coding 2500.00 3-C Article Delete Program Coding 2300.00 3-D Article Modify Program Coding 2300.00 3-E Article Reporting Program Coding 1700.00 $11,800.00 Any changes in the !MIS or Article Process system design after the CONSULTANT has initiated work on Task r3 will require additional work on the part of the CONSULTANT that is not covered by this contract. This additional work will be compensated according to the Schedule of Fees shown in Exhibit A. 4. Task #4 - POLICE ARTICLE PROGRAM TESTING 4-A Article Inquiry Program Testing 700.00 4-B Article Add Program Testing 600.00 4-C Article Delete Program Testing 500.00 4-D Article Modify Program Testing 500.00 4 Article Reporting Program Testing 400.00 OF System '.pest 1400.00 $ 4,100.00 5. Task #5 - R-E20RTING 5-A Monthly Progress Reports i00.00 5-B Quarterly Information Reports 300.00 5-C User Procedures Manual 200.00 5-D Data Processing Procedures Manual 100.00 5-E Police Article Process Documentation 300.00 $ 1,000.00 The total compensation to the CONSULTANT during this period is summarized as follows: Task #1 $ 600.00 Task #2 2,332.00 Task #3 11,800.00 Task #4 4,100.00 Task #5 1,000.00 $19,832.00 -7- The work of the CONSULTANT as defined in this contract will be complete when all tasks are finished and accepted by the CITY. If the services of the CONSULTANT are -required after Tasks 1-5 have been completed and accepted, then additional compensation will be awarded to the CONSULTANT according to the Fee Statement shown in Exhibit A. XII. SUCCESSORS AND ASSIGNMENT The CITY and the CONSULTANT each binds himself, his partners, successors, executors, administrators, and assigns to the other party of this agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. Neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other. The CITY and the CONSULTANT hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOF, the parties hereto have executed this contract effective June 12 , 1973. ATTEST CITY OF WICHITA FALLS, TEXAS by 1 Gerald G. Fox, City: Manager CITY CLERK PINNELL-ANDERSON-WILSHIRE AND ASSOCIATES, INC. lam.,1 by \J��, �J �lir Robert J. Ande'rson Vice President Exhibit A PINNELL-ANDERSON-WILSHIRE AND ASSOCIATES, INC. P. 0. Box 31334 Dallas, Texas 75231 STANDARD RATES REIMBURSABLE FEE BASIS February, 1972 A. Salaries : Classification Rate Per Hour * Principal $ 12.00 * Associate Engineer 9.50 Senior Traffic Engineer 8.75 X Senior Planner 8.75 Senior Systems Analyst 8.50 Traffic Engineering Aide 4.50 Draftsman 3.50 Secretary 3.25 >'< 3e`istered Professional T-eras. rir,ci�als licensee. '_o ��r.�,,t. _=,;: In Texas, U:ClahoA:a, _.lssourl and Certified Planner-In-Charge - Texas, Oklahoma, New Mexico. Salary cost times a mul.iiplier of 2.0 is used to compute the fee charges for employee's salaries , overhead, and profit. To this is added any direct non-salary expenses as described below: B. Direct :ion-Salary Expenses : Direct non-salary expenses for any assignment are those expenses incurred by PAINIA for supplies , transportation, equipment, travel, communications, subsistence and lodging away from home, and similar incidentals in connection with that assignment. These expenses are billed at actual invoice cost plus a ten (10%) percent service charge for handling.