Loading...
Min 08/06/1974 987 Wichita Falls, Texas Memorial Auditorium Building August 6, 1974 Item 1 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. Harrison Taylor Mayor Pro tem Harry Campsey Lonny Morrison X Aldermen Joe N. Prothro X J. C. Boyd, Jr. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Max Kruger Absent The meeting was called to order by Mayor Pro tem Taylor. Item 2 Moved by Alderman Campsey that minutes of the meetings held July 2, and July 19, 1974, be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 3 Arthur Beyer appeared on behalf of the Bicentennial Commission, requesting approv- al of a bicentennial plan for the City. He expressed appreciation to various city staff members for their helpful assistance. He commended various civic organiza- tions and individuals in the City, as well as Sheppard Air Force Base, who has pledged cooperation as it can be given. He requested approval and adoption of their concept for the plan. Y RESOLUTION NO. 1558 WHEREAS, the commemoration of our Nation's 200th anniversary will be held in 1976; and WHEREAS, the City of Wichita Falls wishes to take an active part in the Bicentennial Celebration, and has created the Wichita Falls Bicentennial Commis- sion for the purpose of establishing projects and goals to be achieved in this celebration; and WHEREAS , the Wichita Falls Bicentennial Commission has submitted its Bi- centennial Projects and Goals for Wichita Falls to the Board of Aldermen for their approval and endorsement, and that the goals and projects are in keeping with the American Revolution Bicentennial Commission of Texas ' theme of: "The Promise of America, Past, Present, and Future"; and WHEREAS, the Board of Aldermen of the City of Wichita Falls urges participa- tion in this celebration; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS : THAT the Wichita Falls Bicentennial Projects and Goals for Wichita Falls be hereby endorsed as the City of Wichita Falls ' Bicentennial Program. THAT the members of the Wichita Falls Bicentennial Commission be commended for their work and efforts. 988 Item 3, cont'd. THAT the citizens of the City of Wichita Falls are hereby urged to aid and support Wichita Falls ' Bicentennial Program. THAT the Wichita Falls Bicentennial Commission is hereby requested to make application to the American Revolution Bicentennial Administration and American Revolution Bicentennial Commission of Texas for the endorsement of Wichita Falls as a Bicentennial City and for the inclusion of Wichita Falls in the National and State Bicentennial Programs. THAT the Wichita Falls Bicentennial Commission is encouraged to continue to expand its Bicentennial Projects and Goals for Wichita Falls by the addition of projects consistent with the approved goals. Moved by Alderman Boyd that Resolution No. 1558 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays: None. Calvin Jones appeared in regard to the operation and maintenance of the proposed bicentennial center. He read a statement regarding occupancy tax of hotel and motel rooms. He stated that a statute states that revenue may only be used for convention centers and related activities. The purpose of this legislation was for those who had already completed their civic centers. Mayor Pro tem Taylor and Alderman Boyd suggested that this information be presented to the City Attorney so that he may advise the Council of these matters. City Manager Gerald Fox explained that they have no hang-up that they cannot use these funds for this purpose. i r Item 4a The public hearing was opened on demolition of hazardous structures. No one desired to be heard at this time; however, Mrs. Roy Lee Harmon of 3117 Borton Lane, appeared near the end of the meeting, stating that she needed more ✓ time to do something with this property. The Council agreed to give her 90 additional days, and that their approval be added to the ordinance. /✓ ORDINANCE NO. 2886 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 Prothro that Ordinance No. 2886 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 4b The public hearing was opened on the 1974 street reconstruction program. C{ Allen Ramsey, 1714 Taylor, appeared concerning his property abutting on Avenue H, stating that he is not financially able to pay his portion of the assess- ment. Alderman Morrison noted that the legal purpose of this hearing is to deter- mine if the benefits are equal to or greater than the amount of the assessment. Mr. Ramsey stated that his property sides on Avenue H. He also mentioned that Mrs. Sullivan and Mrs. Mahford are also unable to pay. Mrs. L. M. Sullivan, 1800 Taylor, stated that she feels this would not bene- fit her in the amount of the assessment, and that she feels she cannot recover this amount in the event she should sell it. 989 Item 4b, cont'd. Mrs. D. R. Chancellor, 1714 Fillmore, stated that she believes she could take care of the remainder of the assessment on Avenue H if sidewalks were eliminated. Henry Simons, 4300 Jacksboro Highway, inquired concerning the improvement of P. B. Lane in relation to fences and buildings, if sidewalks are constructed. Ernest Lillard, Director of Public Works, explained that if property is located in the right-of-way they offer the property owner. the right to move it, and if it is not in the right-of-way they do not bother it. The City Manager stated that our plans at this time do not indicate that the fence would be in conflict with the proposed street and sidewalk. Ernest Lillard explained that he would be glad to have his staff take a look at it with him. Mr. Simons stated that he does not think side- walks are necessary at this time, and that they would not be used enough to justify it. Bill Pennartz, 1522 P. B. Lane, inquired if a sewer line would be repaired be- fore paving is done. Joe Smith, Director of Public Utilities, explained that they would work with the Public Works Department on it. If the line needed repair, the City would take care of it before the street is reconstructed. Ernest Lillard entered a letter into the record which he had received from Wilma Nitschke on behalf of her mother, Mrs. Margaret K. Whitehead, 4300 De Haven Drive (P. B. Lane) . Mrs. Nitschke protested the cost of the improvements. ORDINANCE NO. 2887 i ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING STREETS FOR THE 1974 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 ASSIGNABLE CERTI- FICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RESPECTABLE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS 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; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2887 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. �r Item 5a A proposed revenue sharing appropriation ordinance was presented in the amount of $13,600, for appraisals and: architectural services for the Bicentennial Center and for Tennis center improvements. )/ � r � ORDINANCE NO. 2888 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Morrison that Ordinance No. 2888 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. i Item 6a r A proposed ordinance was presented releasing a utility easement in Willowbrook V Addition, Section 6. 990 Item 6a, cont'd. J ORDINANCE NO. 2889 AN ORDINANCE RELEASING AND ABANDONING ALL EASEMENT RIGHTS TO 10 FOOT UTILITY EASEMENT CONTAINING SEWER MAIN IN LOT 1 AND LOT 2, WILLOWBROOK ADDITION, SECTION 6, THAT WAS RETAINED IN ORDINANCE NOS. 1567 AND 2751. Moved by Alderman Boyd that Ordinance No. 2889 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays: None. V Item 6b A proposed ordinance was presented approving and adopting estimates, and setting the date of the public hearing on the 1974 Assessment Paving program. L ORDINANCE NO. 2890 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS PHASE I OF THE 1974 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS , TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Moved by Alderwoman McCullough that Ordinance No. 2890 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 6c A proposed ordinance was presented accepting certain streets in the 1973 Assessment Paving Program. v ORDINANCE NO. 2891 ORDINANCE ACCEPTING IMPROVEMENTS OF TEN (10) UNITS OF THE 1973 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORD- INANCE NO. 2776 DECLARING THE CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFI- CATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESS- MENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Prothro that Ordinance No. 2891 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 6d A proposed ordinance was presented setting refuse rates on certain properties abutting alley paving projects. 991 Item 6d, cont'd. ORDINANCE NO. 2892 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Campsey that Ordinance No. 2892 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. f Item 6e A taxicab rate increase was requested by Cowden Cab Company based upon gasoline prices. Alderman Morrison stated that he had examined all agenda materials submitted to the City by the cab company, and. it is his personal opinion that the Council is not in the position to exercise its judgment, based upon the sparsity of informa- tion presented. He feels it is not suitable to look at any one isolated item, but rather the whole thing. Moved by Alderman Morrison that the rate request not be denied, but that it not be decided until more detailed financial information is presented for their review. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Morrison, Prothro, Boyd, and McCullough Nays : Alderman Campsey. Alderman Morrison inquired into the status of the utility rate committee, stating that he feels that we need some type of application, rather than waiting for a standardized form. Item 6f A proposed ordinance was presented adopting the 1973 Edition of the Southern Standard Building Code. ORDINANCE NO. 2893 AN ORDINANCE AMENDINeSECTIONS 7-14 AND 7-15 OF THE CODE OF ORDINANCES, ADOPT- ( ING THE 1973 EDITION OF THE SOUTHERN STANDARD BUILDING CODE. Moved by Alderman Prothro that Ordinance No. 2893 be passed. i Motion seconded by Alderman Morrison and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. i Item 6g A proposed ordinance was presented amending the Plumbing code. ORDINANCE NO. 2894 ORDINANCE AMENDING SUBSECTION 506.1 OF ORDINANCE NO. 2733, THE PLUMBING CODE, CONCERNING LIMITATIONS OF USE OF PLASTIC PIPE AND FITTINGS. Moved by Alderman Boyd that Ordinance No. 2894 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. i 992 Item 6h No action was taken on this item. Item 6i Discussion was held on abolishing the classification of training officer in the Fire Department. Paul Yeager, Director of Public Safety, stated that in order to try to retain a training officer, he had to take an examination and be placed on the eligibility list. The Fire Chief has tried unsuccessfully to ob- tain a training officer within the ranks, and until now has been unsuccessful in trying to obtain one from the outside. We now have been able to find one, and we do have a training specialist authorized in our wage classification pro- gram. He requests that the Council abolish the civil service classification. We presently have no active training program, and would have no conflict with a training specialist, as apposed to having a part time fireman doing the train- ing, as well as serving as a fireman. Apparently no one in the Civil Service ranks desires the position, and we must also have three eligible for competitive exam. Mr. Yeager and Mr. Fox both feel that a more permanent basis should be established for the training program, rather than on a temporary 90-day basis. Mr. Yeager stated that the person they have was a volunteer fireman for Holliday. Alderwoman McCullough inquired concerning legal requirements. Mr. Yeager ex- plained that he would require certification by the State after he has completed a certain number of hours. A batallion chief will oversee the training program. The City Manager explained that he authorized the Fire Department to employ this person under the normal personnel process of the City, pending action of the Council. This action has been filed with the Civil Service Commission. City Attorney H. P. Hodge, Jr. stated that he felt this position should be kept in a Civil Service position if possible. If not, then we should try to promote the efficiency of the department as long as it is not illegal. Mr. Fox stated that he believed Mr. Rancier felt that we should continue with continuous 90-day temporary positions. Alderman Morrison mentioned the salary scale of a training specialist as set forth in the Griffenhagen-Kroeger plan, and inquired into offering that same salary classification to a civil service officer that we are offering to a non- civil service employee. Mr. Fox stated that he did not feel that the training officer should be making more money than the batallion chief, and that he would be if they paid him like the non-civil service classification. Alderman Prothro stated that for seven years we have had a problem getting someone to fill this position. Mr. Yeager stated that the non-civil service employee is not qualified as a fireman under civil service rules. He also stated that he felt the salary might be a factor, but most of all he feels that the 5-day week is the biggest problem. Alderman Prothro noted that a non-civil service person would be required to have training for this position. ORDINANCE NO. 2895 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES BY ABOLISHING THE CLASSIFICATION OF TRAINING OFFICER IN THE FIRE DEPARTMENT. Moved by Alderman Boyd that Ordinance No. 2895 be passed. Motion seconded by Alderman Campsey. Alderman Morrison noted that it seems that the Council's decision on this matter may be related in addressing the total problems in the Public Safety Department. It seems to him that there is a definite relationship between this problem and the pay scale between civil service and non-civil service positions. He suggested that it might be deferred. Alderman Campsey stated that he feels we should uphold the position of the Civil Service Commission. Alderman Morrison stated that the difference in salary seems to be a problem. There is something materially different about this position than the one proposed in the Civil Service ranks. Some of the men might be willing to serve at the same salary as they are offering a non-civil service position. Mr. Fox stated that if a fireman wanted to consider it as non-civil service then he would have to accept it at $711 per month rather than $745 per month. The question was brought up concerning court action presently pending. H. P. Hodge, Jr. , City Attorney, could not be specific, but thought perhaps it might be within a month or two. 993 Item 6i, cont'd. Alderman Prothro stated that he had doubts regarding this action. Perhaps it might be made more attractive in Civil Service. He suggested that action be post- poned for a month. i The motion for passage of the ordinance was lost by the following vote: Ayes : Mayor Pro tem Taylor, Aldermen Campsey and Boyd Nays : Aldermen Morrison, Prothro, and Mc Cullough Alderman Morrison stated that he is not at this time announcing any opposition to this, but wants to discuss it further. Moved by Alderman Campsey that this matter be placed on the agenda for the next meeting. Motion seconded by Alderman Boyd, and carried unanimously. Item 7a ti A proposed resolution was presented approving an updated plat of Riverside Cemetery. ✓ RESOLUTION NO. 1559 RESOLUTION APPROVING REVISED PLAT OF RIVERSIDE CEMETERY. WHEREAS, for a period of several years there has developed a need to change certain portions of Riverside Cemetery in order to better serve the public needs, and it is deemed advisable to revise the plat of Riverside Cemetery. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The revised plat of Riverside Cemetery, a copy of which is attached hereto, is hereby approved. Moved by Alderman Campsey that Resolution No. 1559 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 7b ✓ A proposed resolution was presented approving lease of Lake Arrowhead property to Windjammer Sailing Club. RESOLUTION NO. 1560 RESOLUTION APPROVING LEASE AT LAKE ARROWHEAD TO WINDJAMMER SAILING CLUB. WHEREAS, the Windjammer Sailing Club has requested the City to lease to such Club for the use of the membership and families of the Sailing Club an area at Lake Arrowhead originally designated as park area. 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 a lease to the Windjammer Sailing Club covering that land bounded by Crow Trace, Lot 1 in Section C, Lot 27 in Section B, and the 930 foot contour line, on the east side of Lake Arrowhead. The rental for such lease shall be $150.00 per year. Such lease agreement shall follow the standard Lake Arrowhead lease agreement with certain modifications ; such lease agreement shall stipulate that membership is open in the Club to any and all persons; all improvements to the property will be at the expense of the Club, and will require permits and approval of the City Parks and Recreation Department; the Club shall be responsible for the payment for roadway improvements as are other lessees at Lake Arrowhead. 994 Item 7b, cont'd. Moved by Alderman Campsey that Resolution No. 1560 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. J Item 7c A proposed resolution was presented approving appraisals of property on Kell Freeway project. RESOLUTION NO. 1561 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY AND RAIL- ROAD RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed projects in the 1967 Capital Improvement Program, and, WHEREAS , such properties have been appraised by independent appraisers em- ployed for this purpose by the Texas State Highway Department, and the amount of the state approved values, as determined from the appraisals, have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS TEXAS, THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-380 and Railroad Relocation Warranty Deed Part of Lots 3 & 5 , all of 4, Block 1, Barwise and Jalonic Addiation. Part of Lots 1, 2 & 10, and part of 20' Alley, Block 16, Barwise and Jalonic Addition Lot 1, Block 9, Barwise and Jalonic Addition Combined total of values approved in this resolution ----------- $117,200. SECTION NO. 2 The values of such properties 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 warranty Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts are the State approved values as determined from appraisals made by the independent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase any such tracts for such approved values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department or the City of Wichita Falls. SECTION NO. 4 The City Manager is authorized to execute for the City of Wichita Falls a deed to the State of Texas all of the interest acquired in those right-of-way tracts required for the construction of Kell Freeway. Moved by Alderman Campsey that Resolution No. 1561 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. 995 1 Item 7d Discussion was held on the petitions submitted by the firemen for collective bargaining. City Attorney H. P. Hodge, Jr. , explained that there are several contructions of the statute involved. He stated that as he construes the language, in order to qualify for an election the petition must be signed by five percent of the qualified voters voting in Wichita Falls in the 1972 general election. The petitioners who signed the petition must be qualified voters in Wichita Falls, and they must have voted in the 1972 general election, in Wichita Falls. There is a question of how many names are required. The City Clerk has determined that the names of 1,547 qualified voters in Wichita Falls are needed. Mrs. Thomas has found more than that number; however, verifying that these persons voted is a herculean task for the City Clerk. She has not had the opportunity to completely check these names. Insofar as she has gone, she has found that there are not 1,547 qualified names which qualify under the state law. Mr. Hodge stated that he feels the Council should suggest to the petitioners that they might wish to get additional signers required under the state law, and present them to the City Clerk. If they desire that it be submitted to the election on September 10, we need 20 days notice under state law. The election would need to be called no later than August 20. Twenty days is also needed for absentee voting. The petitions would need to be presented in order for Mrs. Thomas to have time and opportunity to check them, perhaps by August 13. Alderman Prothro noted that we have two alternatives. This is not an attempt to delay it, but we want a legal petition. Moved by Alderman Prothro that one additional week be granted to get the re- quired number of qualified signatures to make this a valid petition. Motion seconded by Alderman Morrison. J. C. Mason, of the Wichita Falls Firefighters Association, requested names of those who did vote. Alderman Morrison explained that these lists belong to the County, and that they are not in any aplhabetical order. It was suggested that they contact the County. The motion was carried, with Alderman Campsey abstaining. v Item 7e A proposed resolution was presented authorizing the City Manager to execute two Traffic Safety grant requests. f RESOLUTION NO. 1562 RESOLUTION AUTHORIZING APPLICATIONS FOR HIGHWAY SAFETY PROJECT GRANTS FOR SELECTIVE TRAFFIC ENFORCEMENT PROGRAM AND TRAFFIC VIOLATOR'S SCHOOL WHEREAS, it is deemed advisable for the City of Wichita Falls to establish a Selective Traffic Enforcement Program and a Traffic Violator's School, in order to improve traffic safety within the City; and, WHEREAS, grants are available from the governor's Office of Traffic Safety. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute applications for highway safety project grants for Selective Traffic Enforcement Program for the project period from September 1st, 1974 to March 1st, 1976. i SECTION 2. The City Manager is authorized to execute applications for highway safety project grants for Traffic Violator 's School for the project period from August 16th, 1974 to February 16th, 1976. Moved by Alderman Campsey that Resolution No. 1562 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. 996 i Item 7f A proposed resolution was presented designating the Community Action Corpora- tion of Wichita Falls as the official Community Action Agency in Wichita Falls. r 1 y RESOLUTION NO. 1563 A RESOLUTION OF THE BOARD OF ALDERMEN OF WICHITA FALLS RECOGNIZING THE COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA AS THE COMMUNITY ACTION AGENCY AND DESIGNATED PROGRAM AGENT AUTHORIZED TO DEVELOP AND .ADMINISTER A HUMAN SERVICE DELIVERY SYSTEM IN WICHITA FALLS. WHEREAS , the Community Action Corporation of Wichita Falls and North Texas Area is a private non-profit corporation organized for the purpose of administer- ing programs to assist those persons living in poverty conditions to help them- selves to a better way of life; and, WHEREAS, the United States Office of Economic Opportunity and the Texas Department of Community Affairs have recognized and designated the Community Action Corporation of Wichita Falls and North Texas Area as an official Community Action Agency for the purpose of developing and administrating human resources programs in the North Texas Region; and, WHEREAS, the Community Action Corporation of Wichita Falls and North Texas Area has traditionally maintained an outreach, information and referral service in Archer, Clay, and Wichita Counties; and, WHEREAS, it is the purpose of the Community Action Corporation of Wichita Falls and North Texas Area to cooperate and coordinate sercices with the Economic Opportunities Advancement Corporation of Cottle, Foard, Hardeman and Wilbarger Counties to provide the most effective and efficient delivery of human resource services to the poor population, as well as the total population, by increased cooperation with local governments in the North Texas State Planning Region; and, WHEREAS, this designation of the Community Action Corporation of Wichita Falls and North Texas Area as a program agent authorized to develop and administer a human service delivery system in Wichita Falls is necessitated to qualify such agency for grant funds administered by the Texas Department of Community Affairs if draft guidelines contained in Texas Office of Economic Opportunity Advisory, 74-1 are adopted as final. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The Community Action Corporation of Wichita Falls and North Texas Area is recognized as the Community Action Agency authorized to develop and administer a Human Services Delivery System in Wichita Falls, with such recognition being contingent upon the final adoption of draft guidelines contained in Texas Office of Economic Opportunity Advisory, 74-1 by the Texas Department of Community Affairs and the establishment of a State such draft guidelines, and is applicable to the state fiscal biennium of 1974 and 1975 only, and, That plans , proposals and programs to be developed under the Human Service Delivery System applicable to the City of Wichita Falls be provided to said city for review and comment prior to approval or implementation of plans, proposals or programs. Moved by Alderman Boyd that Resolution No. 1563 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays: None. s Item 7g A proposed resolution was presented authorizing the City Manager to execute an agreement with Johnnie Simmons for operation of the tennis center. 997 Item 7g, cont'd. � RESOLUTION N0. 1564 RESOLUTION APPROVING CONTRACT GRANTING JOHNNIE SIMMONS THE TENNIS CONCESw SION AT HAMILTON PARK AND WEEKS PARK TENNIS CENTERS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, TEXAS , THAT: I That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Johnnie Simmons, whereby the City grants to Simmons the concession rights and privileges to operate a tennis concession at Hamilton Park Tennis Center and Weeks Park Tennis Center is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Morrison that Resolution No.. 1564 be passed, with the follow- ing changes to the contract: (1) On Page 2, in Section IV, the fourth line from the top, change the word "City" to"Lessee". (2) On Page 2, Section V, No. 4, concerning Hours of Operation, on the second line, change the word "may" to "shall". Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. / Item 8a Bids were considered on traffic signal equipment. It was recommended that the low total bid be awarded to Automatic Signal Company in the Amount of $15,166.70. ' ( Moved by Alderman Campsey that the bid be awarded to Automatic Signal Company in the amount of $15 ,166.70. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Morrison commented on the escalation clauses which we are receiving on various bids stating that perhaps it should be looked into. The City Manager agreed that it would be good to have some type of notification on the purchase order. Item 8b Bids were considered on an estimated annual supply of liquid chlorine for Public Utilities. Moved by Alderwoman McCullough that the low bid awarded to SEC Corporation, Fort Worth, in the amount of $195.00 per ton, or $62,400.00. Motion seconded by Alderman Boyd, and carried unanimously. Item 8c Bids were considered on resurfacing tennis courts at Hamilton and Weeks Park Tennis Centers. RESOLUTION NO. 1565 RESOLUTION AWARDING CONTRACTS TO RED RIVER EQUIPMENT COMPANY AND CASEY & GLASS, INC. FOR RESURFACING TENNIS COURTS AT HAMILTON AND WEEKS PARKS. WHEREAS, the City of Wichita Falls has advertised for bids for resurfacing eight (8) tennis courts at Hamilton Park Tennis Center; and, WHEREAS, four (4) bids were received on each location; the bid of Red River Equipment Company in the amount of $10,368.00 was the lowest and best bid for the resurfacing at Hamilton Park Tennis Center, and bid of Casey & Glass , Inc. in the amount of $8,590.02 was the lowest and best bid for the resurfacing at Weeks Park Tennis Center. 998 Item 8c, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said low bids of Red River Equipment Company and Casey & Glass, Inc. are hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Red River Equipment Company for resurfacing the tennis courts at Haimlton Park Tennis Center, and to execute for the City of Wichita Falls a contract with Casey & Glass , Inc. for resurfacing the tennis courts at Weeks Park Tennis Center. Moved by Alderman Campsey that Resolution No. 1565 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 9a A proposed resolution was presented authorizing final payment for Rosemont Cemetery roadways. RESOLUTION NO. 1566 RESOLUTION ACCEPTING CONSTRUCTION OF ROADWAY IN ROSEMONT CEMETERY. WHEREAS, the City of Wichita Falls and M. W. Mullins Asphalt Paving entered into a contract on May 21, 1974, wherein said contractor agreed to construct certain roadways at Rosemont Cemetery; and, WHEREAS, said roadways have been completed in accordance with plans and specifications ; and, WHEREAS, the contract price was $23,740.37, of which $9,180.00 has been paid to the contractor, leaving a balance due of $14,560.37. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The construction of such roadways in Rosemont Cemetery is accepted by the City of Wichita Falls, and the City Manager is directed to pay the contractor the balance due on said contract. Moved by Alderwoman McCullough that Resolution No. 1566 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, Boyd, and McCullough Nays : None. o. Item l0a Permission was requested to advertise for bids for street surface treatment program for 1974. Moved by Alderman Prothro that authority be granted to advertise for bids as requested. Motion seconded by-Alderman Campsey, and carried unanimously. Item 11 % Moved by Alderman Boyd that minutes of the meetings of the following boards and commissions be received. a. Aviation Advisory Board - June 19, 1974 999 Item 11, cont'd. b. Park Board - July 9, 1974 C. Board of Adjustments and Appeals - July 15, 1974 d. Bicentennial Commission - July 8 & 22, 1974 Motion seconded by Alderman Campsey, and carried unanimously . Item 12 Moved by Alderman Prothro that a public hearing on demolition of hazardous structures be held on September 3, 1974. Motion seconded by Alderwoman McCullough, and carried unanimously. Shirley Button, a staff member of CAC, appeared with a petition from the Scotland addition, in which they requested a traffic survey on North Sixth, Seventh, and Eighth Streets. They requested that the City consider fire lanes on those streets, more speed signs, more stop signs , and more police patrol, if needed by the survey. She stated that Project AIM voted against the petition, but that it will be presented to Mr. Fox because the citizens desired it that way. Project AIM also intends to submit a petition to Mr. Fox along these lines. She requested that speed signs be placed one-half block before and after bridges. Alderman Morrison suggested that she take her requests to the Traffic Commission. Steve Owen, of the Jaycees, presented a brochure on the bicentennial mem- orial center, which they plan to mail out to the citizens of Wichita Falls. i Moved by Alderman Prothro that the committee report on morale problems in the Police and Fire Departments, along with the wage and salary scale proposals, be reviewed by the Council in our coming budget sessions, and that necessary staff action be taken at the beginning of the fiscal year. Motion seconded by Alderwoman McCullough, and carried unanimously. / A telegram was read from Senator John Tower concerning the bicentennial report. Moved by Alderman Boyd that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 12:40 P.M. PASSED AND APPROVED this day of 1974. Mayor ATTEST: City Cle k THE STATE OF TEXAS COUNTY OF WICHITA X THIS AGREEMENT made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, acting by and through its City Manager, hereinafter called "City and Johnnie Simmons, hereinafter called "Lessee", WITNESSETH : I. The City of Wichita Falls hereby grants Lessee the concession rights and privi- leges to operate a tennis concession at Hamilton Park Tennis Center and Weeks Park Tennis Center in the City of Wichita Falls, Wichita County, Texas. Said tennis con- cession shall include the right and privilege of operating a tennis supply shop and to sell and supply the public all types and manner of tennis supplies and equipment ordinarily used in the game of tennis, to include, but not limited to, tennis rackets, balls, shoes, racket frames and similar items; to provide such services that are customary and incidental to the operation of a tennis supply shop, to include by way of example but not limited to stringing tennis rackets, repairing tennis rackets, and similar services and to provide for all members of the public, without discrimination, lessons and instructions in the game of tennis. II. For services provided under this Agreement the City shall pay to the Lessee $450 monthly ($350 for the Lessee and $100 for other Adult Supervision). The entire amount shall be payable to the Lessee by the loth day of each month during the term of this agreement. III. The City shall establish daily, annual and tourney court fees. The Lessee shall diligently collect all such fees and pay such to the City weekly. Fees collected each week shall be due and payable on or before the Tuesday of the next week. IV. This agreement shall have a term of one year, beginning October 1, 1974, and -2- Lessee shall have two successive one-year options to renew, which may be exercised by giving City notice in writing not less than thirty days before the expiration of the �! then current year of the contract. At the end of each year of this lease, the amount r payable to, Jy may he renegotiated. If either party desires to have the amount re- t 1 negotiated, such party sliall notify the other party in writing of such desire to re- negotiate not. less than ihi rty days prior to the expiration of any year of the agreement. V. This agreement s}iall he subject to the following express conditions, the violation of any one of which will give City the right to cancel this agreement, to-wit: 1. SIGNS AND ADVERTISING. There shall be no orboxious advertising /I signs or advertising displayed on the premises. All signs and advertising of every kind, whether posted or run by advertising media, shall be subject to the ap- proval of the Parks and Recreation Department of City. 2. SUPERVISION. The Parks and Recreation Department of City shall have �! the right to supervise the manner of exercising the privileges hereby granted and the conduct of Lessee and those under him. This shall include the right to approve the professionals and all other personnel employed at such tennis centers. 3. LOCATIONS. City shall provide heating and air conditioning of the t buildings at the tennis centers, and shall provide all utilities, except telephone, at C no cost to Lessee. Lessee shall provide all internal s arrangements in the buildings, g , including equipment for shop and merchandise. Lessee shall be responsible for the cleanliness and managenient of the premises. W1 4. HOURS Oh OPER'XI71ON. City shall have the right to regulate the hours 4-4( r during which the tennis centers be operated. 5. SALE OF COMMODITIES. Lessee shall at all reasonable times keep and offer for sale those items of merchandise incidental to and useful for the game of tennis rfor which there is a reasonable demand, and the price of which shall at all times be regulated and supervisccl by the Parks and Recreation Department of City. Lessee will not sell beer or any intoxicating beverages. No sales with any element of chance shall t be made by Lessee. No noisy canvassing of sales shall be made by Lessee. No novel- ties or school supplies will be sold by Lessee. Lessee shall be permitted to stock and -3- sell certain limited jmcknged food items and confections such as candy bars, chewing gum, potato chips, and soft drinks, subject to the supervision and approval of the - Parks and Recreation Department of City. No provision shall be made by City to pre- .pare and serve foods in the buildings. In dispensing packaged foods, all provisions of existing city, county, an(] state health laws and regulations shall prevail. 6. CLEANLINESS. The concession granted herein shall be conducted in a clean, orderly and legitimate manner and in accordance with the existing ordinances and laws. No rubbish, glass, paper or waste of any kind shall be thrown upon the �! ground or in any buildings by Lessee or anyone making sales under or for him. The [; premises in and around the courts and concession building occupied by Lessee are to IM be kept clean and sanitary by the Lessee. 7. SLEEP. No one will be allowed to sleep in the premises occupied by Lessee without the consent of the Parks and Recreation Department of City. 8. LIABILITY. Lessee shall hold and save City whole and harmless from any and all claims for damages of whatsoever nature and kind, suffered or asserted to have been suffered by the person or property of any person whomsoever growing rill I out of or resulting from or in anyway connected with the exercise of the privileges r herein granted. 9. ASSIGNMENT. Lessee shall not assign or sublet this agreement or these r -premises to any other person, except upon written approval of City. Any assignee or sub-lessee under this provision shall be subject to all the provisions and conditions of this lease. 7 10. OBJECTIONABLE. EMPLOYEES. In any employee or sub-lessee of Lessee is found willfully violating any law or ordinance or the terms of this agree- ment, or becomes ohiectionable and offensive to the good order and use of said pre- mises, Lessee shall remove such person from said premises at once. In case Lessee r shall fail to discharge and remove the said person from its employ, it shall be liable r to a penalty of $10. 00 for each and every day that the said person remains, and City may, in addition thereto, terminate and cancel this agreement at its option. r11. PAYMENTS. If Lessee should default in the payment of any installment -4- 1 s of the rent or of any taxes or assessments levied on the property or of any other sum provided for under this agreement, as the same becomes due and payable; or should F 1 ■ any execution be issued against Lessee, bankruptcy proceedings be begun by or against Lessee, or an assignment be made by Lessee for the benefit of creditors, or should r the premises be placed in the possession of a receiver, then and in any such case City j may, at its option, terminate said lease. 12. LIEN. Lessee hereby gives City a lien upon all of its property now or at } i any time hereafter placed in and upon said.premises to secure the prompt payment of , t all amounts herein stipulated to be paid, all exemption of such property or any of it being.hereby waived. �? 13. TENNIS COURTS. Lessee shall use a maximum of two courts at each s i tennis center for instruction purposes. This number shall be reviewed at intervals and may be adjusted from time to time if Lessee determines that there is a demand r p for more tennis instruction pruposes; however, no adjustment will be made increasing j the number of courts to be used by Lessee for instruction purposes if, in the deter- mination of the Parks and Recreation Department of City, to do so would create a r serious conflict with the use of said tennis courts by the general public. " 4 14. LESSEE AS AN INDEPENDENT CONTRACTOR. It is specifically i I understood by the parties hereto that Lessee is an independent contractor and not an employee of City, and that City is not liable to Lessee or his employees for City 1 employee benefits such as retirement, hospitalization and vacation leave and that Lessee shall be solely responsible for the accounting, determination and payment of t w all income taxes for which it. shall be liable as well as Social Security taxes for his i employees. � c 15. OPERATION OF TENNIS SI1OP. In the operation of the tennis shop, it shall be the sole responsibility of Lessee to pay all expenses incidental with the con- duct of the business such as personal services, including custodial service, but ex- eluding the aforementioned utilities. 16. TENNIS COURT NETS. City shall furnish tennis court nets, which nets shall be of the type now in use at said tennis centers. This shall not preclude Lessee from providing special nets which it may deem necessary for its instruction program i on those courts allotted to it for instruction use. Such special nets are to be provided at Lessee's expense and shall be subject to the approval of the Parks and Recreation Department of City. 17. INSTRUCTION. In providing instructions, Lessee shall not discriminate among members of the public as to race, color, creed and national origin. Lessee shall not require members of the public to meet any special requirements for instruct- ion, other than conformance with reasonable regulations, and such regulations shall be subject to the approval of the Parks and Recreation Department: of City. This pro- vision offering free instruction in the game of tennis through vision shall not prey,. nt City from �, other sources of whatever nature at other locations. Lessee shall conduct or assist in conducting tennis tournaments, both local and open, as may be.scheduled at said IN tennis centers from time to time by the Parks and Recreation Department of City, and Lessee agrees to waive all court fees for such tournaments. 18. ACCOUNTING. Lessee shall, in the operation of the business, maintain daily records of receipts from court and tourney fees. Lessee shall report said re- ceipts on forms prescribed by the Parks and Recreation Department of City. It is further understood that all accounting records maintained by Lessee shall be open for inspection at all times to the accountants of City or to such independent auditors as City may designate fr.omyear to year for purpose of auditing City books. 19. PERFORMANCE BOND. Lessee shall execute and deliver to City at the time of the execution of this agreement a bond in the sum of Two Thousand ($2,000) Dollars with a surety company authorized to do business in the State of Texas. 20. INSURANCE. Lessee shall provide City with a certificate of insurance w attesting to the ownership of a public liability insurance policy, with City as a named rinsured, protecting City from any claims which might arise out of the operation of this concession, in the amount of not: less than One Hundred 'thousand ($100,000) Dollars per person and 'Three hundred ($300, 000) Dollars per occurrence. Fire and theft coverage for property belonging to Lessee shall be the sole responsibility of rLessee. 21. ADULT SUPERVISION. Lessee agrees to provide adult supervision at rHamilton Park Tennis Center during all open hours and to periodically check the Weeks Park Center daily to insure that players at Weeks either pay court fees or possess an annual permit card. VI. It is further understood and agreed that Lessee will vacate the premises without rdelay upon sixty (60) rla}ys notice to him in writing by City in the event this agreement 1 is for any reason cancelled; in the event Lessee fails to vacate the premises upon Esaid notice of cancellation or at the termination of this agreement, City shall not be responsible for any damagee that might occur to Lessee by virtue of City's forceably entering and dispossessing Lessee, and without prejudice to any remedy which might 1 ' otherwise be used for possession or for arrears of payments. VII. r". Ai the termination of this agreement, Lessee shall deliver up the premises in as rl good condition as at the bep inning of the term, natural deterioration, reasonable use and wearing thereof, and clamage by accidental fire or inevitable accident.,excepted. :y WHEREFORE, the parties hereto have caused these presents to be duly executed x-_a by their duly authorized officers on this the day of 1974. r rCITY OF WICHITA'FALLS rI By: City Manager r ATTEST: . � City Clerk `T=~ APPROVED AS TO FORM: LESSEE I City Attorney By: nJohnnie Simmons L ,