Loading...
Min 03/05/1974 920 Wichita Falls, Texas Memorial Auditorium Building March 5, 1974 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 X Harrison E. Taylor Lonny Morrison X Aldermen Willard Still J. C. Boyd, Jr. X Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderwoman McCullough. Item 3 Moved by Alderman Campsey that minutes of the meeting held February 19, 1974, be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 4 ! • G The public hearing was opened on hazardous structures. No one desired to be heard. ORDINANCE NO. 2857 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 Morrison that Ordinance No. 2857 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 5 Mr. Jim Zug appeared for the Wichita Falls Community Mental Retardation Center, requesting support for a regional alcoholism program. The United Fund has with- drawn its support for the North Texas Regional Council on Alcohol Abuse. He pro- posed a plan to continue these services for citizens who live within the City of Wichita Falls. They would pursue the matter only on the contingency that the funds would not be used for match funds without the approval of the City. Following an inquiry from Alderwoman McCullough, Mr. Zug stated that Wichita Falls is the first city in the regional area to be approached. A $25,095 grant request has been made; however, action will not be taken by the Board until later this month. Moved by Alderman Morrison to approve the Wichita Falls Community Mental Health Retardation Center for the delivery and offering of alcoholism programs of information, education, referral and counseling services to alcoholics in the 921 Item 5, cont'd. twelve county Nortex Regional Planning region. That such approval is granted with the specification, that no City funds will be authorized or required to continue this program until August 31, 1974. Finally, that continuation of such programs after August 31, 1974 would be contingent upon cash and in-kind services match being provided by the other eleven counties within the region, and that any local monies required from the City of Wichita Falls would require specific approval of the Board of Aldermen. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 6a A proposed resolution was presented approving a rental car lease agreement at Municipal Airport with Joe M. Mayo, Jr. dba Budget Rent-a-Car of Wichita Falls. A motion was made by Alderman Still and seconded by Alderman Boyd that the resolu- tion be approved. Following some discussion between the Council and Joe Mayo, Sr. , the motion and second were withdrawn. Joe Mayo, Sr. appeared in opposition to a portion of the agreement. He re- quested identical contracts with the other rental car agencies, with the following changes : Strike out the third through sixth paragraphs of Article I, Premises, of the proposed lease, and insert the following: 1. During the term of this lease, no ready car spaces will be provided for Lessee until June 30, 1974. 2. Lessor leases to Lessee space for the construction of six (6) or more spaces for rental car storage at the east end of the present rental car storage area. (Since there are no ready car spaces available at this time the east end of the present rental car storage is desired as to substitute for the needed ready car spaces as would be required if other proposed car storage areas were used.) The construction of the improvements of such storage spaces shall be performed by a quali- fied contractor at the _expense of Lessee, and construction cost will be deducted from the City's commissions of the Lessee, until the full amount of construction is refunded. Such improvements shall be con- structed according to City specifications, and under the supervision of the City Engineer. 3. Upon completion and acceptance of the storage space improvements, same shall be the property of Lessor. Lessee shall have the exclusive right to use such six (6) or more storage spaces as long as he is a Lessee at the airport. Mr. Mayo stated that they had had no time to discuss this contract with legal counsel. He requested that the City grant this lease agreement with their pro- posed changes, or if it cannot be granted today, then he asks for a continuance of it until the next council meeting. The City Manager and Airport Manager ex- plained that the six ready spaces would not be available until 1975 , as all of them are presently allocated to the other tenants under their contracts. Moved by Alderman Morrison that the Council take no further action on this matter today, but urges Mr. Mayo and his representatives to work out these diffi- culties with the City staff by the next council meeting. Motion seconded by Alderman Still, and carried unanimously. Mayor Wallander pointed out that this delay is being caused by Mr. Mayo's specific request, and not by the staff. Item 6b A proposed resolution was presented authorizing the City Manager to enter r into a municipal construction and maintenance agreement with the Texas Highway Department on Brook Avenue and Call Field Road. y� ez RESOLUTION NO. 1513 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF WICHITA FALLS PROVIDING FOR CERTAIN IMPROVEMENTS ON BROOK AVENUE AND CALL FIELD ROAD. 922 Item 6b, cont'd. NOW, THEREFORE, 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 State of Texas, acting through the Texas Highway Department and the City of Wichita Falls, Texas, providing for pavement widening and resurfacing on Brook Avenue from Kell Boulevard to Huff Street and Midwestern Parkway from Fairway Boulevard to McNiel Avenue, is hereby approved, and the City Manager is author- ized to execute the same for the City. Moved by Alderwoman McCullough that Resolution No. 1513 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. i Item 7a Bids were considered for operation of concession stands in various city parks. Lloyd Rigby, Director of Parks and Recreation, recommended award of high I bids as follows : I a. Scotland Park - Harvey D. Nordman - 18% gross sales b. Hamilton Park - Dean Westmoreland - 16% gross sales C. Coyote Stadium - C. L. Walton - 15% gross sales. No bids were received for Bridwell Park, and Mr. Rigby requested permission to negotiate a contract for that operation. Moved by Alderman Still that Mr. Rigby's bid recommendation be accepted, and permission granted to negotiate a contract for Bridwell Park. Motion seconded by Alderwoman McCullough, and carried unanimously. i Item 8 } ' Permission was requested to advertise for traffic signal controller compon- ents and accessories to replace obsolete signal controllers used in the downtown and Broad and Holliday systems. Moved by Alderman Taylor that authority to advertise for bids be granted as requested. Motion seconded by Alderman Still, and carried unanimously. r Item 9 C (y Moved by Alderman Morrison that minutes of the meetings of the following Boards be received. a. Planning Board - February 13, 1974 b. Park Board - February 26, 1974 Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Still inquired what disposition was planned with regard to the re- port of the downtown development committee on the central business district, and also the tennis courts. The City Manager suggested that the Council discuss the report of the downtown development committee with them and the Planning Board. In regard to the tennis court report, we are already looking at it as a part of the budget for 1974-75, and as a part of a capital improvements program which might be considered by the City in the near future, or revenue sharing funds. The Coun- cil set the date of Thursday, March 21, at 7:30 P.M. , for a meeting with the Plan- ning Board. 923 ! Item 10a Moved by Alderman Boyd that the 1972-73 annual financial report be received. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 10b Moved by Alderman Still that a public hearing on hazardous structures be 1 held on April 23, 1974, at 10:00 o'clock A.M. Motion seconded by Alderman Boyd, and carried unanimously. Item 10c v` > 'V Mayor Wallander made the following appointments to the Planning Board, with 11 expiration terms as indicated. a. Clarence W. Muehlberger - May 23, 1974 b. Mrs. Jean Puckett - May 23, 1976 C. Charles Harper - Vice-Chairman Moved by Alderwoman McCullough that the appointments be approved. Motion seconded by Alderman Campsey, and carried unanimously. No Civil Service Commission appointments were made. Moved by Alderman Still that the City Manager prepare a resolution to adopt the rate increase presented by Texas Electric Service Company, and that it be placed on the agenda for the March 19, 1974, council meeting. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Boyd suggested that an advertising program for city busses be drawn up, using one and one-half percent of the gross revenue for promoting the busses. Iv ✓ Alderman Morrison mentioned the proposals submitted on a proposed b i centen- nial center, stating that we need to focus on site and need requirements. Moved by Alderman Morrison that a public hearing be scheduled on March 19, 1974, at 7:30 P.M. in the Memorial Auditorium to hear suggestions for the type of facility in terms of needs for this proposed bi-centennial center. Motion seconded by Alderman Boyd. Alderman Taylor stated that he is not opposed to public hearings, but cannot see the need for this one. A consensus has been reached on the need for it, and also for the need of a referendum. Moved by Alderman Taylor that this issue be decided on the ballot at the April 2 City election. Alderman Boyd inquired if he thought the citizens could decide without all the other information. Alderman Morrison stated that he wanted to find out what the citizens desired in terms of use. Alderman Taylor stated that he did not believe this meeting would decide it. Alderman Morrison desired to receive in- put from the citizens as to what they would like in the construction of this facility, and as Council members to discuss these suggestions between themselves. Alderman Taylor stated that he did not believe they needed anyone else to help them do this. Alderman Campsey stated that if we call a public meeting, it appears that we might be asking them to help decide what we told them we would decide ourselves. He further stated. that he does not know whether we will get a broad enough rep- resentation of the citizens to help us. He asked if we want a building to satisy local needs, or as a convention center? He stated that he did not believe we would obtain this information at a public meeting. 924 Alderman Taylor withdrew his substitute motion. The motion to call the public hearing was carried by the following vote: Ayes : Aldermen Morrison, Still, Boyd, and McCullough Nays : Alderman Taylor Alderman Campsey abstained from voting. r Alderman Morrison read the report of the committee investigation of morale in the police and fire departments (copy attached) . He stated that this concludes their work, and asked that they be discharged. The Board of Aldermen accepted the a report, stating that they desired to study it further. The Board of Aldermen adjourned at 11 :18 A.M. i PASSED AND APPROVED thisfc/ day of 1974. &f"el Mayor ATTEST: City Clerk I Wichita County T 9023(6) & M 7058(1 ) MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT made this day of , 1974, by and between the State of Texas, hereinafter referred to as the "State" , Party of the First Part, and the City of Wichita Falls , Texas , acting by and through its duly authorized officers under a resolution passed the day of 1974, hereinafter called the "City" , Party of the Second Part. WITNESSETH WHEREAS, the State and City wish to cooperate as evidenced in Minute Order 67109 dated January 13, 1973, and Minute Order 66992 dated December 11 , 1972, in pavement widening of Brook Avenue from Kell Boulevard to Huff Street and on Midwestern Parkway from Fairway Boulevard to McNeil Avenue. The improvements will include widening of the pavement and resurfacing. The proposed work on Brook Avenue is to be accomplished under the Federal-Aid Urban Traffic Operation Program to Increase Capacity and Safety, hereinafter referred to as TOPICS. The proposed work on Midwestern Parkway is to be accomplished as an urban project being part of the Federal-Aid Urban System as set forth in the 1970 Federal-Aid Highway Act. WHEREAS, the proposed work is eligible for Federal-Aid participation under both programs. The projects shall be constructed in accordance with "Exhibit A", Plans and Specification, attached hereto and made a part thereof. 1 of 4 AGREEMENT NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements of the parties hereto to be by them respectively kept and performed-, as hereinafter set forth , it is agreed as follows : PROJECT AUTHORIZATION. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its character and the laws of the State of Texas has primary responsibility for control over all streets and public ways within the incorporated limits of such city, unless otherwise modified by law or agreement, and that the City has requested and consented to the construction of the project, and the State in construction of such project does so at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to construct the roadway in .the agreed on manner shown on the construction plans. It is mutually agreed that as the project is developed to the construction stage, both parties shall have approved plans by signature approval thereon. CONSTRUCTION RESPONSIBILITIES. The City will : (1 ) Provide all right of way clear of obstructions. (2) Provide for the adjusting of all utilities as may be required. (3) Prepare construction plans and specifications which shall be approved by the State. (4) Provide for the construction of curb and gutter, storm sewers , drive- ways , sidewalks , etc. , where none now exists, all as may be required, and agree to make such installations in accordance with governing policies and regulations of the Highway Department. 2of4 (5) The City will maintain all the work constructed as part of the project. (6) Regulate traffic, prevent encroachment on the right of way and prohibit all parking in the project area except parallel parking sufficiently recessed beyond the normal curb line to allow four (4) moving lanes of traffic. (7) Adopt and enforce such ordinances and regulations as may be necessary for proper operation of the complete project. The State will : (1 ) Be responsible for the roadway improvements which includes widening of the pavement and resurfacing the roadway, all in accordance with the plans and specifications. SPECIAL CONDITIONS. (1 ) After completion of the project, the City shall be responsible for signing, striping, maintenance of the pavement, its support and all other features necessary now or in the future to provide an adequate travel facility. (2) The City will maintain its existing traffic engineering department which is capable of operating, and maintaining the improvements covered by this agreement in a manner satisfactory to the State. (3) Should an evaluation of the effectiveness of the project in increasing capacity and safety of streets in the project area, be required under the program for financing the proposed improvements in the Federal-Aid Highway Act of 1968 and applicable regulations pertaining to this Act, the City and State shall cooperate in collecting and analyzing the necessary data. Each party shall be responsible for its share of the cost of this evaluation. (4) In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreement and/or Contracts between the City and the State, this Agreement shall take precedence over the existing Agreements and/or Contracts. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: CITY OF WICHITA FALLS By City Manager THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders , established policies , or work pro- grams heretofore approved and author- ized by the State Highway Commission under Minute Order No. 67022 APPROVED AS TO FORM: By_: Assistant State Highway Engineer City Attorney RECOMMENDED FOR APPROVAL: District Engineer Chief Engineer of Highway Design Chief Engineer of Maintenance OperaUions 4of4