Min 05/07/1974 945
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Wichita Falls, Texas
Memorial Auditorium Building
May 7, 1974
Item 1
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
r 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:
Max Kruger Mayor
Harrison E. Taylor
Lonny Morrison
Joe N. Prothro Aldermen
J. C. Boyd, Jr. X
Peggy McCullough
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Harry Campsey Absent
The meeting was called to order by the Mayor.
Item 2
Moved by Alderman Morrison that minutes of the meeting held April 23, 1974,
be approved.
Motion seconded by Alderman Prothro, and carried unanimously.
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Item 3
A proposed appropriation ordinance was presented for construction of a revet-
ment wall at Lake Wichita, in the amount of $13,082.00.
r / ORDINANCE NO. 2865
j1
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO
PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderwoman McCullough that Ordinance No. 2865 be passed.
Motion seconded by Alderman Taylor.
Alderman Prothro inquired regarding the over run cost. The City Manager ex-
plained that contracts are awarded for estimated quantities, and sometimes a contract
has to be adjusted up or down on what is actually used.
The motion was carried by the following vote :
Ayes : Alderman Taylor, Morrison, Prothro, Boyd, and McCullough
Nays: None.
Item 4a
A proposed resolution was presented authorizing the City Manager to file an
application with the Department of Housing and Urban Development for comprehensive
planning assistance grant.
RESOLUTION NO. 1529
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A RESOLUTION AUTHORIZING APPLICATION FOR A GRANT FROM THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR COMPREHENSIVE PLANNING ASSISTANCE.
WHEREAS, the City of Wichita Falls desires to implement innovative and sophisti-
cated approaches to urban problem solving and such implementation is essential to
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946
Item 4a, cont'd.
the development of the Urban Devemlpment of the Urban Development Goals which were
adopted by the Board of Aldermen by Resolution No. 1269; and,
WHEREAS, Federal funds for such project are available under the provisions
of Title VII, Section 701 of the Housing Act of 1954, Public Law 83-560, as amended
by Public Law 89-117, through the Department of Housing and Urban Development; and,
WHEREAS, the City Planning Department has prepared an application for a grant
in the amount of $38,400 for the purpose of financing the necessary studies, surveys
and publications required for the implementation of such approaches.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
SECTION 1. Gerald G. Fox, City Manager, is authorized and directed to complete
and file the application for such grant with the Department of Housing and Urban
Development; the City Manager is further authorized to sign any necessary documents
requested to carry out and complete such project on behalf of the City.
SECTION 2. With regard to this grant, the City shall follow Title VIII of the
Civil Rights Act of 1968, which provides that it is the policy of the United States
to provide, within constitutional limitations, fair housing throughout the United
States, and requires the Secretary of the Department of Housing and Urban Develop-
ment to administer the department's programs and activities in a manner affirmatively
to further the policies of such Title VIII.
SECTION 3. With regard to this grant, the City agrees to follow the Equal
Employment Opportunity Clause contained in Part II, Terms and Conditions, Compre-
hensive Planning Grant Agreement, which provides that the grantee shall not dis-
criminate against any employee or applicant for employment because or race, color,
religion, sex or national origin, and will take affirmative action to insure equal
opportunity in its employment practices.
Moved by Alderman Taylor that Resolution No. 1529 be passed.
Motion seconded by Alderman Morrison, and carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4b
A proposed resolution was presented approving updated appraisals to property
owners on Kell Freeway project.
�- RESOLUTION NO. 1530
RESOLUTION APPROVING UPDATED APPRAISALS OF PROPERTIES ,ON KELL FREEWAY, AND
AUTHORIZING THEIR PURCHASE OR CONDEMNATION.
WHEREAS , by the adoption of Resolution No. 954 the Board of Aldermen of the
City of Wichita Falls has heretofore found that it is necessary to acquire the
properties hereinafter described for construction of the Kell Freeway, Project
52-380, and approved the appraised values of such properties; and,
WHEREAS, all. of these properties have been purchased by the City, except
for signs located thereon, which signs have not here-tofore been appraised. These
signs have now been appraised and the amount of the approved values were determined
from guide lines established by the National Beautification Act relating to removal
of signs, adopted by Texas in Senate Bill No. 3 of the 62nd Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT;
SECTION No. 1 It is necessary that such signs on the following properties be
purchased by Quit Claim Deed for the named project as follows :
Kell Freeway, Project 52-380
Quitclaim Deed
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Item 4b
Lots 1 and 2, Block 1, First H. W. Spivey Addition
Combined total of values of signs approved in this resolution --------$860.00
SECTION NO. 2 The value of such signs are hereby approved, and the City
Manager is hereby authorized to purchase in the name of the Texas State Highway
Department, or the City of Wichita Falls, by Quitclaim Deed, the signs located on
such tracts of land as shown on the project right-of-way map. The authorized price
to be paid for such signs are the state approved values as determined from the
above appraisals.
SECTION NO. 3 In the event the City Manager is unable to purchase such signs
for such approved values, he is hereby authorized and directed to cause to be in-
stituted condemnation proceedings to obtain such signs in the name of the Texas
State Highway Department or the City of Wichita Falls.
Moved by Alderman Taylor that Resolution No. 1530 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4c
A proposed resolution was presented authorizing the City Manager to file a
grant application for crowd control equipment for the Police Department.
RESOLUTION NO. 1531
RESOLUTION AUTHORIZING CITY MANAGER TO FILE JOINT GRANT APPLICATION
FOR CROWD CONTROL EQUIPMENT.
WHEREAS, the City of Wichita Falls Police Department and the Wichita County
Sheriff's Department have a need for crowd control equipment, and the Texas
Criminal Justice Council has grant funds available for this purpose; and,
WHEREAS , Nortex Regional Planning Commission has requested that the City and
County submit a joint grant application for $5,100.00 for the City of Wichita Falls
and $805.00 for the Wichita County Sheriff's Department; the Texas Criminal Justice
Council will provide one hundred percent (100'/) of the funds for this equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
Gerald G. Fox, City Manager, is authorized and directed to complete and file
with the County of Wichita a joint application for such grant with the Texas Criminal
Justice Council; the City Manager is further authorized to sign any necessary docu-
ments requested to carry out and complete such project on behalf of the City.
Moved by Alderman Morrison that Resolution No. 1531 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Alderwoman McCullough inquired how many officers would be involved. Paul
Yeager stated that there would be 24 trained and well qualified.
i Item 4d
A proposed resolution was presented amending the lease with Beacon Baptist
Church.
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RESOLUTION NO. 1532
RESOLUTION APPROVING SECOND AMENDMENT TO LEASE TO BEACON BAPTIST CHURCH.
948
Item 4d, cont'd.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
That certain agreement entitled Second Amendment to Lease Agreement, a copy of
which is attached hereto, between the City of Wichita Falls and Beacon Baptist
Church, amending the lease agreement dated April 20th, 1971 is hereby approved,
and the City Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Boyd that Resolution No. 1532 be passed.
Motion seconded by Alderman Prothro.
Alderman Morrison inquired if we need to retain this property. The City
Manager explained that we do, due to the possible use of this property for off-
street parking for Parks and Recreation department.
The motion was carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4e
A proposed resolution was presented authorizing a pipe line agreement with
Lone Star Gas Company for Kell Freeway project.
RESOLUTION NO. 1533
RESOLUTION APPROVING THE ADJUSTMENT OF PIPE LINE FACILITIES WITHIN KELL
FREEWAY RIGHT-OF-WAY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
LETTER OF AGREEMENT WITH THE LONE STAR GAS COMPANY FOR THE ADJUSTMENT
OF THE PIPE LINE FACILITIES.
WHEREAS, the City of Wichita Falls and the Texas Highway Department are co-
operating in the construction of Kell Freeway, Project 52-380, under the 1967
Capital Improvements Program of the City of Wichita Falls; and,
WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Depart-
ment entered into a contractual Agreement dated January 31, 1968, wherein the
State and the City will participate equally in the right-of-way and utility adjust-
ments required for the Kell Freeway Project; and,
WHEREAS, the said proposed Kell Freeway Project 52-380 crosses the pipe lines
owned by Lone Star Gas Company; and,
WHEREAS, adjustments will have to be made to the pipe lines to allow the
construction of the proposed Kell Freeway Project; and,
WHEREAS, the Lone Star Gas Company has a prior easement for the pipe lines;
and,
WHEREAS, the Lone Star Gas Company has proposed an agreement in which the
City of Wichita Falls would reimburse Lone Star Gas Company the sum of Four Thousand
Fifty Seven Dollars and three cents ($4,057.03) for the cost of the adjustments
to the pipe lines; and,
WHEREAS, the Texas Highway Department will reimburse the City in an amount
equal to fifty percent (50%) of the actual cost of this utility adjustment as soon
as the State approves the final billing as prepared by Lone Star Gas Company.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
The certain letter of agreement between the City of Wichita Falls, and the
Lone Star Gas Company for the adjustment of the pipe lines is hereby approved, and
the City Manager is authorized to execute it for the City of Wichita Falls.
Moved by Alderman Taylor that Resolution No. 1533 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
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Item 4f
A proposed resolution was presented accepting park land donation by Mr. and
Mrs. J. B. Jarratt. This property is located at Cumberland and Lebanon Road.
I" RESOLUTION NO. 1534
RESOLUTION ACCEPTING PROPERTY IN WESTMORELAND PARK ADDITION DONATED TO THE
CITY BY MR. AND MRS. J. B. JARRATT FOR PARK PURPOSES.
WHEREAS, Mr. and Mrs. J. B. Jarratt have donated to the City of Wichita Falls
the hereinafter described land in Wichita County, Texas, to be used for public
park purposes, to-wit:
The North twenty-seven (N 27 ') feet of Lots 5, 6, and 7 and the alley through
Lots 5 and 6, and all of Lots 1 and 2 in Block 11, Westmoreland Park Addition
to the City of Wichita Falls , Texas;
SAVE AND EXCEPT the North ten (N 10') feet of the South one hundred twenty-
five (S 125 ') feet of Lot Seven (7) , Block 11, Westmoreland Park Addition
to the City of Wichita Falls, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Such donation and conveyance of said land is hereby accepted by the City of
Wichita Falls, and the appreciation of the citizens of Wichita Falls is hereby
expressed to Mr. and Mrs. J. B. Jarratt for their generous contribution to their
City.
Moved by Alderman Morrison that Resolution No. 1534 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote :
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4
A proposed resolution was presented increasing overtime charges at city
cemeteries.
RESOLUTION NO. 1535
RESOLUTION ESTABLISHING OVERTIME CHARGES AT CITY-OWNED CEMETERIES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
SECTION 1. The following overtime charges are hereby established for River-
side Cemetery, Lakeview Cemetery and Rosemont Cemetery:
Overtime charge, Saturday $50.00
Overtime charge, weekdays after 3:30 P.M. $30.00
SECTION 2. The provisions contained in Resolutions No. 739, No. 1520, and
any other resolutions , which are inconsistent with this resolution, are hereby
repealed.
Moved by Alderwoman McCullough that Resolution No. 1535 be passed.
Motion seconded by Alderman Morrison, and carried by the following vote :
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4h
A proposed resolution was presented authorizing the City Manager to limit the
water line easement on Midwestern University Foundation land.
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950
Item 4h, cont'd.
RESOLUTION NO. 1536
RESOLUTION AUTHORIZING CITY MANAGER TO LIMIT WATER LINE EASEMENT ACROSS
MIDWESTERN UNIVERSITY FOUNDATION LAND.
WHEREAS, heretofore, Lula Kell, et al executed an easement dated July 15,
1946, recorded in Volume 437, Page 31 of the Deed Records of Wichita County, Texas,
granting to the City of Wichita Falls a conduit right-of-way easement across cer-
tain lands in Blocks 25 and 26, Denton County School Lands, League 1, Abstract 58,
on which easement: was constructed the Lake Kickapoo raw water line; and,
WHEREAS, such instrument did not limit the right-of-way easement to a
particular strip of land; and,
WHEREAS , Midwestern University Foundation, the present owner of said land, de-
sires that said right-of-way easement be limited to a strip of land thirty feet
(30') wide, and the City has no objection to so limiting the easement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The City Manager is hereby authorized to execute, for the City of Wichita Falls,
such instrument as is necessary to limit the above described right-of-way easement
to a strip of land thirty feet (30') wide, being fifteen feet (15 ') on each side
of the center line of the raw water line as constructed.
Moved by Alderman Boyd that Resolution No. 1536 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4i
A proposed resolution was presented imposing certain deed restrictions on
property acquired from Susanne Harris for Lucy Park.
° RESOLUTION NO. 1537
RESOLUTION IMPOSING DEED RESTRICTION ON 0.69 ACRE TRACT IN LUCY PARK.
WHEREAS, heretofore by Deed dated February 7, 1974, recorded in Volume 1154,-
Page 83, Wichita County Deed Records, reference to which is here made, the City
of Wichita Falls acquired from Susanne Harris the surface of a certain 0.69 acre
tract of land to be incorporated into Lucy Park; and,
WHEREAS, the City has obtained from the Department of Housing and Urban Devel-
opment a grant for acquisition of certain land for and development of Lucy Park,
and such department has required that a deed restriction be imposed on such land,
providing that it: may not be converted to other than open space usage without prior
approval of such department.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
There is hereby imposed upon the 0.69 acre tract of land above described a
deed restriction providing that such 0.69 acre tract of land shall not be con-
verted to other than open space usage without the prior approval of the Department
of Housing and Urban Development.
Moved by Alderman Morrison that Resolution No. 1537 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
951
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✓ Item 5a
Only one bid was received for an estimated annual supply of 100,000 pounds
of sodium hexametaphosphate for Water Purification Department. It was recommended
by Ben Shelton that the bid be awarded to Chemical Supply in the amount of $17,250.00,
subject to their escalator clause. Several bids are now coming in with escalation
clauses.
Moved by Alderwoman McCullough that the bid be awarded as recommended.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 5b
Bids were considered on an estimated annual supply of 580 tons ferrous sulphate
(copperas) for Water Purification. Chemtech Corporation bid on the bulk, but did
f not bid on the bags. Considering the freight rate and surcharge from Baltimore,
j Maryland, they would be the high bidder on the bulk.
Moved by Alderman Prothro that the bid be awarded to Chemical Supply Company,
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Wichita Falls, in the amount of $37,530.80, subject to their escalator clause.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 5c
Bids were considered on an estimated annual supply of 464,000 pounds of silicate
of soda for water purification.
' Moved by Alderman Taylor that the low bid be awarded to Chemical Supply
Company, in the amount of $13,472.00, subject to escalation.
Motion seconded by Alderwoman McCullough, and carried unanimously.
't Item 5d
Bids were considered on an estimated annual supply of 1,680 tons of quicklime
` for water purification. Round Rock White Lime Company bid $28.61 per ton, subject
' to freight rates in effect at the time of shipment. Texas Lime Company bid a
F; firm price of $28.91 per ton.
Moved by Alderman Boyd that the bid be awarded to Texas Lime Company in the
amount of $48,568.80.
Motion seconded by Alderman Morrison, and carried unanimously.
Item 6
A proposed resolution was presented approving final estimate and change order
`Y on the contract for construction of revetment wall at Lake Wichita.
f RESOLUTION NO. 1538
RESOLUTION APPROVING FINAL ESTIMATE AND FINAL CHANGE ORDER AND ACCEPTING
CONSTRUCTION ON REVETMENT WALL AT LAKE WICHITA.
WHEREAS, the City of Wichita Falls and Lloyd Thomas Company entered into a
Contract dated July 17, 1973 for the construction of replacement of revetment on
upstream face of Lake Wichita Dam; and,
WHEREAS, said construction has been completed in accordance with the plans
and specifications; and,
WHEREAS, the final estimate and final change order have been submitted on this
project, which final estimate shows a total amount of work done as $163,082.00, of
which $123,589.80 has been paid to the Contractor, leaving a balance of $39,492.20.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
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Item 6, cont'd.
The construction of such replacement of revetment on the upstream face of
Lake Wichita Dam is accepted by the City of Wichita Falls, the final estimate
and final change order are approved, and the City Manager is directed to pay the
said Contractor the amount due as shown on such estimate.
Moved by Alderman Taylor that Resolution No. 1538 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 7
Moved by Alderman Morrison that minutes of the meeting of the Park Board
held April 23, 1974, be received.
Motion seconded by Alderman Taylor, and carried unanimously.
Item 8a
Ed Biggs reported on the engineering firm's recommendation for the North
Side waste water collection system. He stated that their investigation indicated
that the sewer system was overloaded, and improvements and maintenance needed to
be made. They recommend an upgrading of this system to serve this area over a
long term period. This area is expanding. Federal financing will be investigated.
The City Manager stated that the pre-application conference and Step One
could be handled in one process.
Moved by Alderman Morrison that Biggs and Mathews and Joe Smith be authorized
to proceed with the pre-application conference, and report back to the Council with
respect to that conference before we proceed.
Motion seconded by Alderman Taylor, and carried unanimously.
Moved by Alderman Morrison that authority be granted for the advertisement
of bids for the pump and lift station, and authorizing the planning and evalua-
tion of the collection system, and investigate and report back with respect to
the cost of 12 and 24 inch lines.
Motion seconded by Alderman Boyd, and carried unanimously.
Y Item 8b
A proposal was presented by Women in Construction to construct a Story Book
Land in Lucy Park. Mrs. Brock explained that Women in Construction will pay for
this project. Everyone in the construction industry will be contacted to deter-
mine how they want to help them with this project. They have already conducted
a fund raising campaign. She stated that Rapid City did this with a memorial.
If they cannot finance it, then they might call on other groups for help. Mayor
Kruger commended this group for this excellent idea.
Moved by Alderman Taylor that this project be approved.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 8c
Moved by Alderman Prothro that a public hearing be held at the Council
meeting June 4, 1.974, regarding demolition of hazardous structures.
Motion seconded by Alderman Morrison, and carried unanimously.
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Item 8d
A lengthy discussion was held on the committee report concerning morale of
Police and Fire Departments.
Alderman Morrison stated that he feels the Council made a mistake in response
to that referendum, and should do something constructive to try to rectify that
mistake. He feels there is no necessity of reviewing the classification of
Patrolman, since it went to a referendum. Consideration should be given above
that rank. The City Manager stated that some changes were made in the salary
adjustments in February. Alderman Prothro inquired why the adjustment was made
in February and not at the beginning of the budget year. The City Manager stated
that this was done in an overall study of all positions in the City. He further
stated that they intended to have that information available prior to the adoption
of the budget so that it can be implemented on January 1 each year. Last year
was the first time it was done.
Alderman Morrison stated that this effort is trying to structure a reasonable
and fair compensation for a job to encourage a man to seek more responsibility,
and to be promoted. The City Manager stated that the study should provide us with
a structure in those departments , with other cities. It will not specifically
take police and fire departments only. Alderman Morrison stated that he believes
the Council has some responsibility in going according to what the public did.
Alderman Taylor stated that he believed both departments should have been given
an increase, and that the issue should never have been submitted to the public,
but decided by the Board of Aldermen. Alderman Morrison stated that in reviewing
the morale situationit pointed out the unfairness of the salary scale in the
police department positions. Mayor Kruger agreed that it should not have gone to
the public in the first place.
Alderman Boyd commented that the public only asked for a change in one salary,
and that is all they changed. He pointed out that Mr. Fox is recommending a change
in the salary of police sergeant position from $765.00 to $775.00 per month, and
that he agrees with this. Alderman Morrison pointed out that $10.00 per month is
not much of an adjustment. Incentive will not be created by $10.00. The City
Manager stated that longevity has a great deal to do with salary. Alderman
j Morrison stated that under the law they could only ask for the base salary, and
not the whole salary structure. Mr. Hodge verified that under the statute in
which they filed, the minimum salary was the only thing they could ask for. In
our, city charter some type of initiative might be provided, but this was the most
logical way to do it.
Alderman Morrison pointed out that resistance to this matter was that if it
passed, there would be a complete revamping of the salary structure. Alderman
Boyd stated that he felt if both had passed, that would have been what happened,
but when one of them failed, he believed that changed the whole thing, and he
did not see that as a clear mandate.
Mayor Kruger asked who sets the salaries. Is it the Council? City Attorney
H. P. Hodge stated that it is. The City Manager stated that the state legislature
gave authority to police and fire departments only for wage and salary referendums.
Under our charter other groups can submit referendum and initiative action for
various subjects.
Alderman Prothro stated that the morale problem stems from a lack of incentive
to advance to a higher position, and the second problem is that there is no arbi-
trary method of making shift assignments. In the Fire Department it is the general
level of pay. The question before the Council now is do we want to do something
about the morale problems, or do we want to ignore them? Alderwoman McCullough
stated that she feels the Council should do something about it; that it is acute.
She feels the Council should address the specific issues that came from the
committee's report regarding money and other problems. Mayor Kruger stated that
if we do not defer it until the next budget, we will "open a can of worms". He
believes the time to do that is at the next budget process. He does not see how
we can consider salaries in two departments without giving the same thought to
every other department in the City. Alderman Morrison stated that these two depart-
ments are not governed the same way as other employees. While he agrees in a
business practice, since the referendum was voted we have a responsibility to that.
Moved by Alderman Morrison that the City Manager be instructed to prepare for
presentation at the next council meeting for further study a revised pay schedule
in the Police Department which provides, in his judgment, adequate incentive to
954
Item 8d, cont'd.
advance up or in the ranks , beginning with the base pay as set by the referendum,
without respect to previous historic ratio concerning percentages.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Alderman Morrison stated that he believed the resistance to the issue never
considered that one issue would pass , and one would fail.
Moved by Alderman Morrison that the City Manager be instructed to prepare
for consideration a proposed salary scale for members of the Fire Department,
providing for a reasonable incentive to proceed from a base salary comparable
with other cities of this size and area.
Motion seconded by Alderman Prothro, and carried unanimously.
Alderman Prothro mentioned the shift assignments in the Police Department,
and Alderman Morrison mentioned the Central Garage maintenance practices.
Alderman Boyd commented that one candidate for mayor stated that we have four
police vehicles operating at night. The City Manager's report indicates an aver-
age of eleven.
Item 8e
1 % Mayor Kruger made the following appointments to the Board of Equalization:
0. W. McKenzie, Paul Dowdy, and Paul Springer, with Joe Fitts as alternate.
Moved by Alderman Prothro that the appointments be confirmed.
Motion seconded by Alderman Taylor, and carried unanimously.
Mayor Kruger- made the following appointments to a Citizens Utility Rate
Information Committee.
a. Willard Still - Chairman
b. Stewart Bachman, Jr.
C. Jack Banner
d. Dick Waggoner
e. Larry Freeman
f. Jim Davis
g. Caven Crosnoe
h. Dr. Horace M. Gray
Moved by Alderman Morrison that the appointments be made, and that the com-
mittee develop a form designed to obtain all pertinent information for the Council's
review in requesting rate increases, but that they have no function in the review
of the completed applications; also, that the staff be requested to submit their
recommendation as to types of information which might be required.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Mr. R. L. Young, 26 Oxley Drive, presented a letter to Max Kruger pertaining
to the curb and sidewalk on Sisk Road. He stated that the sidewalk is cracked
in various places, and that the drainage is diverted across the back of his prop-
erty. Ernest Lil.lard stated that the project has not been accepted, and he will
not have to pay for something that is inferior. If the concrete is not up to
standards it will be replaced.
Moved by Alderman Morrison that the meeting be adjourned.
Motion seconded by Alderman Boyd, and carried unanimously.
The Board of Aldermen adjourned at 12 :10 P.M.
PASSED AND APPROVED this I 1422� day of ,mac, 1974.
ATTEST:
Mayor
City Clerk
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
4. .J" `�4
GRA14TT AGREEMENT
Part 1-Offer '
Date of Offer
Wichita Falls Municipal Airport
Project No. 8-48-0227-01
Contract No. DOT FA 74 SW-1051
TO: The City of Wichita Falls, Texas
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Pan of ect Application
dateds for a project for develop-
May 2, 1974 . g Airport herein called
ment of the Wichita Falls Municipal p
the "Airport"), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof;and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-described airport development:
Widen civil aircraft connecting taxiway from 50' to 75' and relocate
taxiway lights on one side; install security fencing; install security
lighting; reconstruct aircraft parking apron (Approx. 4,629 S.Y. )
all as more particularly described in the property map and plans and specifications incorporated in `
the said Project Application;
FAA FORM 5100-13 PG. 1 110-71) SUPERSEDES FAA FORM 1632 PG. /
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NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances contained in said
Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits
to accrue to the United States and the public from the accomplishment of the Project and the
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD-
MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project,
seventy-five per centum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be
$ 93,693.00
2. The Sponsor shall:
(a) begin accomplishment of the Project within ninety days ■°
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51-
152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of this Offer; which Regulations are hereinafter
referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula-
tions.
i
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations.
Final determination as to the allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the !
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
FAA FORM 5100-13 PG. 2 (7-72)1 SUPERSEDES PREVIOUS EDITION PAGE 2
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Page 3 of' 5 pages
5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica-
tion incorporated herein and specifically covenants and agrees, in accordance with its
Assurance 4 in Part III of said Project Application, that in its operation and the operation
of all facilities thereof, neither it nor any person or organization occupying space or facili-
ties thereon will discriminate against any person or class of persons by reason of race, color,
creed or national origin in the use of any of the facilities provided for the public on the
airport. 'T
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its
acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Project unless this Offer has been accepted by the Sponsor on or before
June 28, 1974, or such subsequent date as may be prescribed in writing
by the FAA.
8• In addition the Sponsor shall:
.(a) Incorporate or cause to be incorporated in each bid or proposal form
submitted by prospective contractors for construction work under the
project the provisions prescribed by Section 60-1.7(b) (1) and 60-1.
8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804,
41 CFR Part 60-1).
(b) Comply with the provisions set forth in Appendix I, attached hereto.
9. It is understood and agreed that the sponsor will provide for FAA
employees adequate parking accommodations satisfactory to the Adminis-
trator at all FAA technical facilities located on the airport. It is
further understood and agreed that sponsor will provide, without cost,
adequate land for the purpose of parking all official vehicles of the
FAA (government and privately owned when used for FAA business) neces-
sary for the maintenance and operation of the FAA facilities on the air-
port. Such land shall be adjacent to the facilities served.
10. The sponsor will send a copy of all invitations for bids, advertised or .
negotiated, for concessions or other businesses at the airport to the
Office of Minority Business Enterprise (OMBE) , Field Operations Division,
Department of Commerce, Washington, D.C. 20230, or to the local affiliate
designated by the OMBE. The sponsor will disclose and make information
about the contracts, contracting procedures and requirements available
to OMBE or its designated affiliate and minority firms on the same basis
that such information is disclosed and made available to other organiza-
tions -or firms. Responses by minority firms to invitations for bids
shall be treated in the same manner as all other responses to the invi-
tations for bids.
Compliance with the preceding paragraph will be deemed to constitute
compliance by the sponsor with the requirements of 49 CFR 21 Appendix
C(a) (1) (x) , Regulations of the Office of the Secretary of Transportation.
FAA FORM 5100-13 PG. 3 (10-711 SUPERSEDES FAA FORM 1632 PG.3 (SWRO 5-1-74) PAGE 3
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X1. It is mutually understood and agreed that the United States will not
make final payment of the allowable costs of this project until the
Sponsor has submitted satisfactory evidence that the airport imaginary J
surfaces as defined in Section 77.25 and 77.27, Subpart C, Part 77 of '
the Federal Aviation Regulations (14 CFR Part 77, as amended) have been �.
protected by the adoption of a zoning ordinance and regulations or by
securing avigation easements or otherwise prohibiting the creation, r-
establishment, erection or construction in such areas of obstructions
to air navigation to the extent provided for in such Regulations or
approved by the Administrator as sufficient in the case of this
particular airport. It is further understood and agreed that if the
imaginary surfaces shall have been protected by the acquisition of
avigation easements or other interests in land, the assumption of
this obligation Shall not operate to bar inclusion of such acquisition
in a subsequent project.
12. It is further understood and agreed that FAA approval of the project
included in this agreement is conditioned on the sponsor's compliance
with applicable air and water quality standards in accomplishing project
construction and in operating the airport; further, that failure to com-
ply may result in suspension, cancellation or termination of Federal
assistance under this agreement.
13. The Federal Government does not now plan or contemplate the construction r.
of any structures pursuant to paragraph 11 of Part III - Sponsor's
Assurances of the Project Application, dated May 2, 1974, and therefore
it is understood and agreed that the sponsor is under no obligation to
furnish any such areas or rights under this Grant Agreement.
14. It is understood and agreed by the parties hereto that the property map
Exhibit A incorporated into the Project Application consists of two
pages designated thereon as "Property Map Exhibit A" and "Property-Map
Exhibit A-1", respectively, both bearing ADAP Project Number
8-48-0227-01 and the date of May, 1974.
4-_
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Page 24 of 5 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation ;
and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TITLE)
Acting Chief, Fort Worth Airports District Office
Part II-Acceptance
The City of Wichita Falls, Texas, does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof.
Executed this. .. .. . .. . .. . . . .. . . . . . . day of . . . .. . . . . . .. . . . . . .. . . . . . . .. .. .. . 19. .. . .
PW
CITY OF WI CHITA FALLS.. .TEXAS . . . ., , , .
(Name of Sponsor)
By .. .. . . . . . .. . . . . . . . .. . . . .. . . . . . . . . .... . . .. . .
(SEAL)
Title . . .. . . .. . . . .. . .. ..... ... ... . . ... . . . . . . .. . . .
At-test: . . . .. ...... .. . ....... .. . . . . .. . . .. . .Title:... .. .. . . ..... ...... . . .. .. . .. . . . . . .
CERTIFICATE OF SPONSOR'S ATTORNEY
I. . . .. . . . . .. . . . . ... . . . .. , acting as Attorney for the .City. .Qf.W;Lrhita. Falls. . . . . ,
(herein referred to as the "Sponsor") do hereby certify:
That I have examined _the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of. . . . Texas. . . . . . . . . . . . . . . . . . . . . . and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Datedat . . . .. . ... .. . . . . .... . . . . . . . . . . .this. . . . . . . . .. day of. . . . . . . . . . . . . . . . . . . .. .. .. . . , 19. . . . ,
... .. .. . . . . . . .... . . . ... . . ... . ... . . .. . ... . .
Title . . . . . . . . . . .. . .. . . ... . . .... . . .. .. .. . .
FAA FORM 5100-13 PG 4(10-711 SUPERSEDES FAA FORM 1632 PG A PAGE= 5