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Min 10/16/1973 843 Wichita Falls, Texas Memorial Auditorium Building October 16, 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 2:30 o'clock P.M. , with the following members present. J. Winston Wallander Mayor Harry Campsey Harrison E. Taylor Lonny Morrison Aldermen Willard Still X J. C. Boyd, Jr. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Item 3 Moved by Alderman Still that minutes of the meeting held October 8, 1973, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 5 f A proposed ordinance was presented prohibiting parking on the west side of Santa Fe Street from Onaway Trail to Seymour Road. 'ORDINANCE NO. 2831 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2831 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 6a A proposed resolution was presented approving an agreement with Wichita Falls Museum and Art Center for financial support of approximately ten percent of their operating budget for the next two years, but not to exceed $8,500 for the first year and $10,000 for the second year. RESOLUTION NO. 1473 RESOLUTION APPROVING AGREEMENT WITH WICHITA FALLS MUSEUM AND ART CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Wichita Falls Museum and Art Center is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 844 Item 6a, cont'd. Moved by Alderman Morrison that Resolution No. 1473 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough Nays : None. Item 6b A proposed resolution was presented calling a public hearing for the 1973 annexation program. These areas include the properties of Allis Chalmers, Washex, Fan Coach, East Hursh (medical clinic) , and Expressway Village and adjacent prop- erties . RESOLUTION NO. 1474 A RESOLUTION CALLING A PUBLIC HEARING ON 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 Auditorium in Wichita Falls, Texas at 10:00 o'clock A.M. on the 6th day of November, 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 proceed- ings , annexing those tracts of land shown on the attached sketches marked Tract I, Tract II, Tract III, Tract IV, and Tract V. 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 territory proposed to be annexed, not more than twenty (20) days nor less than ten (10 days prior to the hearing. Moved by Alderwoman McCullough that Resolution No. 1474 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 7 Bids were considered on carpet for Kemp Public Library. The Library Board recommended that the second low bid of Texas Furniture Company in the amount of $4,408.00, be accepted. This was for 43 ounce carpet. Douglas Floor Company submitted the low bid of $4,065.00 for 32 ounce carpet, which was the minimum requirement. Alderman Boyd commented that if Douglas Floor Company met the specifications , and is the low bidder, perhaps we may be messing up our bidding procedure if we award the bid to anyone else. He feels that perhaps we do not have any other option but to either accept the low bid or throw out all bids. Several other comments were made by various members of the Council. Alderman Morrison in- quired concerning the feasibility of specifying additional qualities in bids of this nature. Moved by Alderman Boyd that the low bid of Douglas Floor Company be accepted in the amount of $4,065.00. Motion seconded by Alderman Taylor, and carried unanimously. Item 8a Permission was requested to advertise for bids on a communications controller unit for the Police Department. This unit is estimated to cost $22,660, with 75 percent being paid by the Criminal Justice Council, 10 percent by the State, and i 845 Item 8a, cont'd. 15 percent by the City. With this unit, the Police Department will have immediate access to criminal information from the Texas Criminal Information Center and the National Criminal Information Center. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item 8b Permission was requested to advertise for bids for disc drives, channel, and word buffer for data processing. Moved by Alderman Morrison that authority be granted to advertise for data processing equipment, as requested. 1 Motion seconded by Alderman Campsey, and carried unanimously. Item 9 Moved by Alderwoman McCullough that minutes of the meetings of the following boards and commissions be received. a. Board of Electrical Examiners - October 9, 1973 b. Planning Board - September 12, 1973 c. Mayor's Land Use Advisory Board - September 25, 1973 d. Traffic Commission - October 9, 1973 Motion seconded by Alderman Still, and carried unanimously. Item 4 Mayor Wallander presented an honorary citizen award to Roger Daniels upon his selection as Airman of the Month. Item 10 A request for a rate increase and other changes was made by Cowden Cab Company. Bob Cowden explained that he is prepared to submit any information needed by the City to be considered. Alderman Boyd inquired why the cab company needed a rate increase when cab companies in other cities of comparable size apparently were charging approximately the same as Wichita Falls. Mr. Cowden stated that Amarillo and Lubbock are the cities he usually uses for comparative purposes , and he understands that those two cities are proposing almost identical rates as Wichita Falls . Filing of the rate request was accepted by the Council. Alderman Morrison inquired again into the bidding process. He wonders if we might include in the specifications for simple products some kind of statement that would permit a bidder to bid alternates. Mayor Wallander pointed out that a committee had been appointed previously, and recommendations had been made, and each instance should be reviewed individually. City Attorney H. P. Hodge, Jr. , stated that he had never seen a case on this particular problem, but feels there might be a legal question involved on what we could accept. Alderman Morrison re- quested the City Manager to investigate this matter. J. T. Stephen, 2916 Baltimore, appeared in regard to the advertising on the side of the city busses. He stated that the county, state, or federal does not allow any advertising on the equipment. He believes this advertising is in competition with private industry, and that the City should not be dealing with it. 846 In the interest of public safety, and the City complying with the set standards of state and federal government regarding highway beautification and signs on highways, he feels that the city should not place signs on the sides of busses. Alderman Still confirmed with the City Manager that there is no law prevent- ing advertising on city busses. The advertising is for the purpose of providing revenue for our city. Mr. Stephen stated that this advertising is a moral violation of the law regarding beautification of the highways. Alderman Campsey inquired of Mr. Stephen what difference it would make as far as distraction is concerned, whether the advertising is on private or governmental property. Alderman Boyd commented that the profit that goes with the advertising is used for keeping the bus sys- tem a little more above water. Alderman Taylor stated that he believes the law on beautification only applies to bill boards on the right-of-way, but not to moving vehicles . The meeting adjourned at 3 :22 P.M. 6 PASSED AND APPROVED this (>Z��day of 1973. I"2�e� Mayor ATTEST: ,f City Cler i AGREEMENT WHEREAS, the following facts presently exist: 1. Wichita Falls Museum and Art Center ("Museum") is a Texas Non-Profit Corporation organized in 1964; the Museum maintains its principal place of business at 2 Eureka Circle, Wichita Falls, Texas 76308. 2. The City of Wichita Falls, Texas, ("City") in Wichita County, Texas, is duly organized pursuant to a_Texas Home Rule Charter. 3. The Museum owns and operates a facility at its principal place,of business and there conducts a museum program in science,'history, art and a broad range of related instruction for persons of all ages. 4. Heretofore the Museum has financed all of its programs and plant from private contributions and membership fees, but additional services can be rendered by the Museum to the City and its citizens and visitors in return for the City's payment of annual fee to the Museum for such services. 5. This writing sets forth the agreement of the Museum and the City with respect to such fee for services so rendered. NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS THAT, for value received, the receipt and sufficiency of which is hereby acknowledged, the Museum and City agree: Section 1. 0: Community Services. The Museum has heretofore rendered a broad range of educational and cultural services to the City and all of its citizens and visitors on a regularly scheduled, daily basis (locally observed holi- days excepted), and admission to the Museum is free of any charge. During the term hereof, the Museum shall use its best efforts to continue present services and to expand and add to its current programs with the annual fee herein set as its Board of Trustees may determine. Section 2. 0: Fee. The said activities of the Museum and its program accrue to the benefit of the City, and during each year of the term hereof, the City shall pay the Museum a fee (Annual Fee) for such services. The amount of the Annual Fee shall be approximately 10% of the Museum's annual operating budget each year, but no more than $8,500 for the first year and $10, 000 for the second year of this agreement. The Museum's annual operating budget as adopted and i certified each year by the Museum's Board of Trustees shall be presented to the City of Wichita Falls prior to February 27th of each year. The Annual operating budget so presented shall specifically indicate new and/or expanded programs pro- posed to be funded that fiscal year. The Annual Fee shall be so paid in four (4) equal installments on or before the tenth day of October, January, April, and July of each year. Section 3. 0: Term. This Agreement shall commence and be affective as of October 1, 1973, and it shall continue thereafter for the next two (2) con- secutive years. The City and the Museum contemplate the City's continued pay- ment of the Annual Fee after October 1, 1975, upon such terms as are then mutually agreeable to the City and the Museum. Section 4.0: Appointments and Liason. The Mayor with the concurrence of the Board of Aldermen of the City of Wichita Falls under this agreement shall have the right to appoint two (2) persons to the Museum Board of Trustees, one of whom shall also be a member of the Museum Executive Committee. Such appointees shall have all of the rights accorded to other members of the Board of Trustees and Executive Committee. The persons first appointed shall serve one and two year terms respectively and thereafter all appointments shall be for two year terms. In addition, the Board of Aldermen may appoint one of its own members who shall liaise with the Board of Trustees and Executive Committee with no right to vote. THUS executed at Wichita Falls, Texas, this day of , 1973. CITY: CITY OF WICHITA FALLS, TEXAS By ATTEST: City Clerk MUSEUM: WICHITA FALLS MUSEUM & ART CENTER By ATTEST: Secretary