Min 02/04/1975 1079
Wichita Falls, Texas
Memorial Auditorium Bldg.
February 4, 1975
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 9:00 o'clock A.M. , with the following members present:
Harrison E. Taylor Mayor Pro tem
Harry Campsey X
Lonny Morrison
Joe N. Prothro Aldermen
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 Alderwoman McCullough that minutes of the meeting held January 21,
1975, be approved.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 3
The public hearing was opened on demolition of hazardous structures.
Mr. 0. T. Hobson, 1208 North Seventh, appeared requesting a 60-day extension.
He felt this would be sufficient time to complete the outside remodeling. Mr.
McBee pointed out that a building permit was taken out on this property in 1949,
and that it has not been completed, yet.
Arthur Brigham, 1603 Lilac, appeared requesting a 60-day extension on clearing
the property at 307 Maple.
No one else desired to be heard.
ORDINANCE NO. 2937
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR
STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR,
VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN
EMERGENCY.
Moved by Alderman Campsey that Ordinance No. 2937 be passed, granting 60-day
extensions to Mr. Hobson and Mr. Brigham.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Alderman Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4
Mr. P. M. Gingras appeared as Manager of Properties for Continental Airlines.
J He presented a request for reimbursement claim in the amount of $5,190.90 for
�- the period beginning July 15, 1969, and ending January 14, 1974. Continental 's
claim is that they have been paying a greater rate per square foot of space than
has Texas International, and that because of this Texas International was granted
it
I
1080
Item 4, cont'd.
more favorable terms. Both were paying a flat rate. Mr. Gingras stated that
Texas International negotiated for Continental Airlines in 1969, acting as their
agent. Alderman Morrison stated that if their agent neogitated a lease agreement
which was not equitable to them, it would seem to him that their claim should be
against the party who represented them in those transactions instead of the City
of Wichita Falls. Mr. Gingras stated that they would have no claim against Texas
International. He stated that they are now in negotiations for a new lease.
Texas International now has 73 percent of the total space of 1,760 square feet.
City Attorney H. P. Hodge recommended that Continental's claim be denied.
Nobody seems to know how the negotiations were arrived at. It seems that in 1969
Continental was satisfied or they would have said something at that time. It
seems that the favorable term clause should operate prospectively. Square foot-
age did not seem to be a factor at that time.
Mr. Gingras stated that since no documentation can be found to determine
how the rates were developed, they would have to know what the other lease con-
tained. Alderman Morrison suggested that he explore first with Texas International
how this happened to develop while they were their agent, and how they negotiated
a contract which was more favorable to them than to Continental. Mr. Gingras
stated that he thought that since it was between the City and Texas International
that the City of Wichita Falls should get that information. Alderman Morrison
pointed out that since Texas International was an agent of Continental, then they
should get the information; that the City probably is not entitled to that informa-
tion between them.
City Attorney H. P. Hodge explained that the air freight and baggage claim
area was figured on square footage. The office and ticket counter space was
figured on a flat rate fee. This causes him to wonder if perhaps other factors
entered into it. Alderman Campsey stated that he believes Continental will
have to go back to Texas International. Somebody should have known what took
place then, and it is a problem between Texas International and Continental in-
stead of the City of Wichita Falls. Mr. Gingras stated that it would be improper
to say that Texas Internationaldid not represent them properly.
The City Manager pointed tht that they are in the same position now in negotia-
tions. If they are not in agreement with the City's presentation to them, it is
still negotiable. The other matter should have been brought to attention at that
time.
Moved by Alderman Prothro that the request by Continental Airlines be declined.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 5a
A proposed ordinance was presented establishing speed limits on certain streets
and highways, and correcting typographical errors in the current speed limit ordinance.
ORDINANCE NO. 2938
AN ORDINANCE AMENDING CERTAIN PARAGRAPHS OF SECTION 29-91 OF THE CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS, ESTABLISHING PRIMA FACIE
MAXIMUM SPEED LIMITS ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF
THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN EMERGENCY.
Moved by Alderman Boyd that Ordinance No. 2938 be passed.
Motion seconded by Alderman Morrison, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 5b
A proposed ordinance was presented accepting improvements on Sisk Road under
,% the 1973 Reconstruction program.
1083
fy.
Item 6b
A proposed resolution was presented authorizing the City Manager to execute
a lease renewal with the Wichita Falls Boat Club at Lake Wichita.
RESOLUTION NO. 1615
RESOLUTION APPROVING LEASE TO WICHITA FALLS BOATING CLUB ON A TRACT
ON LAKE WICHITA.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain lease from the City of Wichita Falls to Wichita Falls Boating
Club, covering a tract of land containing 1.75 acres, more or less, on Lake Wichita,
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. 1615 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Alderman Prothro inquired into the responsibility of contract renewals, stat-
ing that he feels they should be brought to the attention of the Council before
they have expired. The City Manager explained that it is a joint operation between
the department involved, and the legal department.
i Item 6c
A proposed resolution was presented authorizing proposals to property owners
;1 on Kell Freeway.
A motion was made by Alderman Campsey for passage of the proposed resolution.
Alderman Prothro reminded Ernest Lillard that he had asked fer certain information
on two previous occasions , inquiring if this were an oversight? Mr. Lillard stated
that it was on this occasion.
A substitute motion was moved by Alderman Boyd that action on this matter be
deferred until the information is completed.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 6d
Dr. Charles Parker appeared as Director of the City-County Health Center. He
L presented a request for operation of a special supplemental food program for women,
infants, and children as an adjunct to their maternity and well child services.
He proposed to upgrade one of their senior nurses to act as supervisory/coordinator
of the program. They would also need a nutritionist, a clerk, and two licensed
vocational nurses. He believes there are more than 1000 persons who would qualify
for this program.
RESOLUTION NO. 1616
RESOLUTION AUTHORIZING THE DIRECTOR OF THE CITY-COUNTY HEALTH CENTER TO
EXECUTE A CONTRACT WITH THE TEXAS STATE DEPARTMENT OF HEALTH FOR A
SUPPLEMENTAL FOOD PROGRAM.
WHEREAS, the Wichita Falls City-County Health Center is qualified to partici-
pate in the U.S. Department of Agriculture Supplemental Food Program for Women,
Infants and Children (WIC) as an adjunct to its Maternity and Well Child Con-
ference program services; the basic purpose of this program is to assist in the
prevention and treatment of nutritional deficiences in pregnant and lactating
women, infants (up to one year) and children (up to four years) from low income
families.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
1084
Item 6d, cont'd.
The contract, a copy of which is attached hereto, providing for such program
from January 1, 1975 through June 30, 1975 is approved, and the Director of the
Wichita Falls City-County Health Center is authorized to execute such contract with
the Texas State Department of Health.
Moved by Alderman Boyd that Resolution No. 1616 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
f
Item 6e
s�
fi
A proposed resolution was presented authorizing a grant application for acquisi-
tion of technical equipment/supplies for the Police Department.
k1 RESOLUTION NO. 1617
RESOLUTION AUTHORIZING APPLICATION FOR CRIMINAL JUSTICE DIVISION GRANT
FOR AUDIO/VIDEO SYSTEM FOR THE POLICE DEPARTMENT.
WHEREAS, it is deemed advisable to acquire an Audio/Video System for the
Police Department, which will upgrade the police services in the prisoner booking
and records area, police personnel assessment center and basic and in-service
training programs; and,
WHEREAS, a grant from the Criminal Justice Division is available for the
purchase of such Audio/Video System; the amount of the grant is $12,500.00, and
it does not require matching funds nor in-kind contribution by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized and directed to complete and file an applica-
tion for such grant with the Criminal Justice Division; the City Manager is further
authorized to sign any necessary documents required to carry out and complete such
project on behalf of the City.
Moved by Alderman Boyd that Resolution No. 1617 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough.
Nays : None.
Item 6f
✓ r A proposed resolution was presented authorizing transfer of property owned
by the City to the State of Texas for Kell Freeway Construction.
Y RESOLUTION NO. 1618
WHEREAS , the City of Wichita Falls and the Texas Highway Department are coopera-
ting in the construction of Kell Freeway , Project 52-380, under the 1967 Capital
Improvements Program of the City. of Wichita Falls ; and,
WHEREAS , by contract signed January 31, 1968, the City and the Texas Highway
Department agreed that they would share equally in the cost of the right-of-way
for this project; and
WHEREAS, the parcels hereinafter described are owned by the City of Wichita
Falls and the Texas Highway Department has approved a value of Two Hundred and
Thirty Three dollars ($233.00) for such parcels which are required for right-of-way
for this project; and,
WHEREAS, the Texas Highway Department will pay the City an amount equal to
fifty percent (50%) of the total value of these parcels required for right-of-way
as soon as deeds thereto from the City to the State of Texas have been delivered
and recorded.
1085
Item 6f, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
The City Manager, acting for and in behalf of the City of Wichita Falls,
is hereby authorized and directed to execute deeds conveying unto the State of
Texas the following tracts or parcels of land situated in Wichita County, Texas,
to-wit: Parcels 1000 and 1042 which are specifically described in the records
of this project on file in the offices of the Department of Public Works in the
City of Wichita Falls. The consideration for such deeds shall be the sum of
fifty percent (50%) reimbursement of the value bf Two Hundred and Thirty-Three
Dollars ($233.00) for the said properties under the terms of the above mentioned
contract. Such deeds shall reserve all of the oil, gas and sulphur under the land
conveyed, but waive all rights of ingress and egress to the surface thereof for
the purpose of exploring, developing, mining, or drilling for same; however, the
State shall have the right to take and use all other minerals and materials there-
on, therein, and thereunder. Such deeds shall contain a general warranty.
Moved by Alderman Campsey that Resolution No. 1618 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 7a
1`
Bids were considered on an 18-foot motor boat and trailer for Parks and
t hi
Recreation Department.
Moved by Alderman Boyd that the low bid be awarded to Southmoor Marine, Wichita
Falls , in the amount of $5 ,445.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 7b
Bids were considered on a utility tractor with front end loader. It was
recommended that the alternate low bid be awarded to Northgate International in
the amount of $6,345. Bids were also requested for a utility tractor only, and
it was recommended that the low bid of Northgate International be rejected in the
jj amount of $5,154, due to insufficient funds in the budget.
Moved by Alderman Prothro that the bid be awarded to Northgate International
in the amount of $6,345, and that their bid in the amount of $5,154 be rejected,
as recommended.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 7c
Bids were considered on two tractors and one gang mower for Parks and Recrea-
tion and Golf Departments.
Moved by Alderman Boyd that the low bid be awarded to Colonial Motor Company
in the amount of $8,391.21 for the tractor and gang mower, and that the low bid
on the tractor be awarded to Goldthwaites of Texas in the amount of $6,325.00.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 8
A proposed resolution was presented approving change order and final estimate
f on the Opex contract for sewer facilities in the State Hospital area.
Y RESOLUTION NO. 1619
w
RESOLUTION APPROVING CHANGE ORDER AND ACCEPTING SANITARY SEWER FACILITIES
AT TEXAS STATE HOSPITAL AREA.
1086
Item 8, cont'd.
WHEREAS, the City of Wichita Falls and Opex, Inc. , entered a contract dated
May 21, 1974, wherein said contractor agreed to construct Sanitary Sewer Facilities
in Texas State Hospital Area; and,
WHEREAS, said facilities have been completed in accordance with plans and
specifications; and
WHEREAS, final change order and final estimate have been submitted on this
project, which final estimate shows a total amount of work done as $57,228.50,
of which $50,179.72 has been paid to the contractor, leaving a balance of $7,048.78;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, THAT:
The construction of such sanitary sewer facilities is accepted by the City
of Wichita Falls, the change order and the final estimate are approved, and the
City Manager is directed to pay the said contractor the amount due as shown on
such estimate.
Moved by Alderman Campsey that Resolution No. 1619 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 9
Moved by Alderwoman McCullough that minutes of the meetings of the following
/ boards and commissions be received.
a. Planning Board - January 8, 1975
r ✓
b. Traffic Commission - January 14, 1975
C. Park Board - January 28, 1975
Motion seconded by Alderman Campsey, and carried unanimously.
Alderman Morrison stated that on January 7 the City staff recommended the
creation of a Traffic Safety Council. On January 21 a proposed resolution was
presented which would have created this Council, but instead of it following the
recommendation of the Traffic Commission on January 14 that their duties be ex-
panded to include the additional responsibilities , it would have created an addi-
tional body totally inconsistent with the action of the Traffic Commission. It
was his desire to find out how the discrepancies occured, and directed that the
City Manager review this situation and report back to the Council before the next
regularly scheduled meeting. In this same connection, Alderman Boyd stated that
he would like to have information concerning the function of the Traffic Safety
Coordinator.
Item l0a
` J
The following three-year appointments were made to the Human Relations
Commission.
Louise Hunter - reappointed
Dr. Horace Boston - appointed
Michael Jackson - appointed
Jesse Garcia. - appointed
Dr. Jeff Campbell - appointed
Moved by Ald.erwoman McCullough that the appointments be approved.
Motion seconded by Alderman Morrison, and carried unanimously.
Moved by Alderman Morrison that appointments to the Data Access Control
Board be deferred..
Motion seconded by Alderman Boyd, and carried unanimously.
1081
Item 5b, cont'd.
J
ORDINANCE NO. 2939
ORDINANCE ACCEPTING IMPROVEMENTS OF SISK ROAD, IN THE CITY OF WICHITA FALLS ,
TEXAS , AS DESIGNATED IN ORDINANCE NO. 2777, DECLARING THE CONTRACT WITH TIMMINS-
ANDERSON CORPORATION, WICHITA FALLS , TEXAS , FOR THE CONSTRUCTION OF SAID
IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION,
AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER
GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME
OF SAID ASSESSMENTS ; 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 Campsey that Ordinance No. 2939 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
r
Item 5c
� A proposed ordinance was presented closing a portion of Texas Avenue and the
-' alleys in Block 32 and 33 of the Joseph H. Kemp Addition.
ORDINANCE NO. 2940
AN ORDINANCE CLOSING A PORTION OF TEXAS AVENUE AND THE ALLEYS IN BLOCKS
i
32 AND 33 OF THE JOSEPH A. KEMP ADDITION.
Moved by Alderman Campsey that Ordinance No. 2940 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
r Item 5d
C �r It was requested by Paul Yeager, Director of Public Safety, that the Civil
Service Classification of Battalion Chief be increased from three to four positions.
Recent court action has eliminated the non-civil service classification of fire
training specialist. Battalion Chief Grady Marshall desires to assume this posi-
tion and retain his present rank. The additional position would allow training/
r administration functions to be met.
Alderman Morrison stated that at the time Mr. Caussey was retained as fire
training specialist he received more money than anyone else they had tried to fill
the position with. The City Manager stated that the first step was lower, but
the last step was greater than the single salary step of the fire civil service
training officer. The civil service training salary had been established between
Fire Captain and Battalion Chief. In this case the training officer would be
paid more now. Alderman Morrison asked if we would be paying Battalion Chief
Marshall more than previously? If was pointed out that there is a $75.00 spread
between Captain and Battalion Chief. Someone inquired if this position had been
recently offered to anyone else. Mr. Yeager stated that no action had been taken
or notice posted to try to get someone to take the examination since the last
court action. Eight months ago the examination was offered. Alderman Morrison
stated that he feels we should give other firemen another chance to take the exam
ination. The City Manager stated that a fire training officer classification
should be established if that is what they want to do. Fire Chief Hurshel Johnson
stated that the base salary of a battalion chief is $900, and the non-civil service
fire training officer is $711 at the base position. The City Manager stated that
the civil service fire training officer position would be somewhere between the
existing salary of the captain and battalion chief.
Alderman Prothro proposed a position as fire training specialist at a salary
equivalent to the battalion chief. This would give everyone in the department
the opportunity to compete.
1082
Item 5d, cont'd.
Alderman Boyd pointed out that the rules and regulations of any civil service
set-up have to be observed meticulously. We do not know if there are other men who
will take the job because we have not asked them. We are now proposing-to offer
it to one man because he has asked for it. We should be most meticulous and care-
ful to abide by the rules we are supposed to. He feels we are trying to go around
another way to achieve the same objective. He feels we should set the salary in
order to get someone to take the examination for the position.
Alderman Morrison stated that in taking previous action on abolition of fire
training specialist, a person had already been employed for the job at the time
the request was made.
Moved by Alderman Morrison that a new ordinance be prepared creating the job
of fire training specialist, civil service position, and that the position be
paid as much as that of battalion chief, and that we go through the system of
bidding and testing to fill the position.
Motion seconded by Alderman Campsey.
The City Manager stated that the staff's idea in creating another battalion
chief position was to provide administrative assistance to the fire chief, as
well as training duties. The added battalion chief could in fact partially act
in the capacity as an operations battalion chief during vacations. He stated that
the fire training officer duties at this time would be a full time position. At
some later time he could assist the fire chief.
The motion was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
ORDINANCE NO. 2941
ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES , ESTABLISHING
THE CLASSIFICATION OF FIRE TRAINING OFFICER.
Moved by Alderwoman McCullough that Ordinance No. 2941 be passed.
Motion seconded by Alderman Morrison and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Moved by Alderman Morrison that the level of compensation of fire training
officer be established at the same rate as the battalion chief presently is.
Motion seconded by Alderman Boyd, and carried unanimously.
i
Item 6a
Donation of land for park purposes by Texas Electric Service Company was
discussed.
Moved by Alderman Prothro that we defer acceptance of this park for further
information pertaining to needs, anticipated cost of upkeep, source of funds for
development, and present revenue from this land in ad valorem taxes.
City Manager Gerald Fox mentioned Community Development Block Grant funds
in the amount of $30,000 for the first year, and $20,000 for the second year. He
does not have the information regarding revenue loss. Mayor Pro tem Taylor stated
that it did not seem feasible to turn down eleven acres of land for a park. He
does not feel that we have too many parks. Perhaps we should put more money into
them. Alderman Campsey agreed with Mayor Pro tem Taylor. We need to continue to
grow, and take advantage of opportunities as they arise. It was pointed out that
more softball fields can be utilized. It was also noted that we might be wise
to put more money into existing parks rather than new parks.
Motion seconded by Alderman Morrison, and carried by the following vote:
AyesAlderman Morrison, Prothro, Boyd, and McCullough
Nays : Alderman Campsey
1087
Item 10b
The Sheppard Art League has requested a waiver of the ordinance which would
allow them to conduct a sidewalk art sale on the four-corners of the intersection
of Tenth and Scott Streets on April 18 and 19, 1975. It was suggested by Aldermen
Morrison and McCullough that proof of satisfactory liability insurance befurnished
by them.
Moved by Alderman Campsey that the request be granted, subject to adequate
insurance protection being provided by them.
Motion seconded by Aldermwoman McCullough, and carried unanimously.
Item 10c
Moved by Alderman Prothro that a public hearing on hazardous structures be held
on March 4, 1975 .
Motion seconded by Alderman Campsey, and carried unanimously.
Item lla
A proposed ordinance was presented amending the Traffic Commission duties to
� include traffic safety.
/ ORDINANCE N0. 2942
ORDINANCE AMENDING SECTIONS 29-199 AND 29-201 OF THE CODE OF ORDINANCES,
REVISING THE NUMBER OF MEMBERS AND ENLARGING THE DUTIES OF THE CITY
TRAFFIC COMMISSION.
Moved by Alderman Morrison that Ordinance No. 2942 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays: None.
Alderman Morrison pointed out that staggered appointments should be carefully
considered.
Item llb
A proposed resolution was presented authorizing execution of the contract
with the golf professional .
v ` f RESOLUTION N0. 1620
RESOLUTION APPROVING GOLF PROFESSIONAL CONTRACT WITH J. F. (FRANK) STAGNER.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS
THAT:
That certain contract, a copy of which is attached hereto, between the City
of T,iichita Falls and J. F. (Frank) Stagner, whereby the City employs Stagner as
golf professional at the Weeks Park Golf Course for a period of three years , is
hereby approved, and the Mayor is authorized to execute the same for the City
of Wichita Falls.
Moved by Alderman Morrison that Resolution No. 1620 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item llc
/ r r
A lengthy discussion was held concerning the mechanical code. City Attorney
H. P. Hodge explained that the Building Inspection Department has previously
construed the electrical code regarding work inside the mechanical cabinet. A
f question has been raised concerning installation as opposed to repair. It was
pointed out that installing a refrigerator was covered under the appliance dealers
section. Ernest Lillard explained that the mechanical code was our attempt to get
answers in one place for operation of plumbers and appliance dealers. Following
discussion of two proposals, the following action was taken.
!` ORDINANCE NO. 2943
ORDINANCE AMENDING PARAGRAPH (a) OF SUBSECTION 106-4 OF THE WICHITA FALLS
MECHANICAL CODE, CONCERNING THE BOND REQUIREMENTS.
Moved by Alderman Morrison that Ordinance No. 2943 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
City Attorney H. P. Hodge stated that he tried to use the construction of the
Building Inspection Department, and in so doing used the words "mechanical cabinet".
1088
Item llc, cont'd.
The Mathews ' take the position that the term "mechanical cabinet is vague, and
discussion followed on this point. Mr. Lillard stated that this is one of the
reasons why we need to leave some of these day to day items- to the discretion of
the inspector. If this were not done the code would be so unwieldy that it could
not be used. Alderman Morrison stated that the question seems to be whether we are
going to permit a mechanical installer to do electrical work incidental to the
maintenance of operation. Alderman Boyd stated that it seemed that perhaps we
are now placing in jeopardy a business who has been operating for several years.
Ernest Lillard stated that if we are to keep our electrical code intact we need
to not permit electrical work outside of it. He requested that the Board of
Electrical Examiners be allowed to look into this matter. Guy Mathews, Jr.
stated that this work has to meet the electrical code anyway. Mrs. Mathews stated
that their work is maintenance only. Mr. Lillard stated that we are bound by
our insurance requirements to the provisions of the electrical code, and it re-
quires a licensed electrician to perform electrical work. Mrs. Mathews stated
that if refrigeration people could not be authorized to make repairs then they
would be put out of business. The phrase which seems to concern them :is "if
they are authorized". The City Manager asked what specific situations or examples
they cannot do now that they were previously authorized to do. Mrs. Mathews
stated "nothing as long as we are authorized." Mr. Mathews stated that in re-
moving one wire he may have been doing something illegal. She stated that they
do maintenance almost completely for commercial establishments. Two different
proposals were discussed, and the following action was taken.
f ORDINANCE NO. 2944
ORDINANCE AMENDING SUBSECTION (g) OF SECTION 404 OF THE WICHITA FALLS
MECHANICAL CODE, DEFINING ELECTRICAL WORK THAT MAY BE DONE.
Moved by Alderman Morrison that Ordinance No. 2944 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays: None.
Mrs. Mathews inquired concerning an Appeals Board for the Mechanical Code.
Alderman Morrison stated that he desired to defer this matter.
Shirley Button appeared concerning housing, stating that she has 'Looked at
apartments that are unsafe and in terrible condition. She inquired if there is
any law concerning those who have rental units , stating that she feels it is not
right for some of these people to make money off those who are so unfortunate.
She also mentioned downtown Midtown 2000 project, and the dives which people
have to drive by to get downtown. If we want to do something for our city, let
us think about doing something about the entrances to our city. She requested a
clean up of the whole city. A monument for the City's bicentennial would be to
do something for the people of our city. Formulation of a plan for a specific
drive for a massive clean up of Wichita Falls would be in order. She stated that
she lives near Jaycee Park. She suggested a swimming area in Jaycee and Kiwanis
Parks, and a sprinkler type pool similar to Scotland Park. She also requested
more stringent rules and regulations for control of animals within the City limits.
A higher permit fee might help.
Carl Gattis, 5222 Professional Drive, appeared regarding loan of an automobile
from a dealer while a person's car is being repaired. He stated that Mr. Baggett
had informed him that he had received a letter from a city official stating that
he could not loan a customer a car without paying a fee. No one was aware of
this type of regulation, but it was noted that some car dealers had signs dis-
played stating that their insurance prohibited this type of thing. He also pro-
posed that the City of Wichita Falls ban smoking in public facilities.
Alderman Campsey presented a proposal to create a new civil service public
I' safety officer. He believes this will be beneficial to the whole City. These
people will be able to move into jobs paying more money. In the long run it
will cost less money and will be more effective. This department will be com-
posed of persons qualified to do jobs which both fire and police are authorized
to do. These men can be used for a dual purpose. He is not proposing to eliminate
any job for either firemen or policemen. If they desire to change, they can move
into the third category of public safety officer. They will be required to take
the training of both police and fire personnel. We either have to get the law
changed or vote out civil service in order to permit us to create this new category.
1089
He feels we must proceed as soon as possible to get this done in this legislative
session. He suggested a special meeting sometime next week when the Mayor is here.
Alderman Boyd stated that the City Manager has prepared a study concerning it.
What we are talking about is getting this proposal into the legislature so that
we can consider it. He stated that he is favorably inclined toward it.
Alderwoman McCullough stated that she has expressed some very definite reserva-
tions about going ahead with it immediately, and feels that something this important
deserves the attention of the full Council. She is in favor of calling a special
meeting after Mayor Kruger returns. It was agreed that a special meeting would be
held at 9:00 A.M. on February 13, 1975.
% Alderman Boyd requested that consideration of lower bus fares for senior
✓ citizens be put on the agenda at the next meeting.
Alderman Boyd read a statement pertaining to medical and hospital facilities.
lr/ He emphasized the need for good facilities, but questioned whether it is necessary
for both hospitals to have the same services. He feels the local boards of each
hospital should work together. The Hospital Board is requesting additional funds,
and he would like to have this matter brought up at the special meeting.
The Board of Aldermen adjourned at 1 :30 P.M.
PASSED AND APPROVED this tiX, day of 1975.
Mayor
ATTEST:
City Clerk
THE STATE OF TEXAS )
COJNTY OF WICHITA )
THIS AGREEMENT made and entered into this the 1st day of
February, 1975, by and between the City of Wichita Falls , Texas here-
inafter called "City" , and J. F. (Frank) Stagner, hereinafter called
"Professional" .
W I T N E S. S E T H
For and in consideration of the mutual covenants hereinafter
contained, the parties hereto do hereby agree as follows :
1 . City does hereby employ J. F. ( Frank) Stagner as the golf
professional at the Weeks Park Golf Course, and does hereby lease to him
the golf pro shop, the grill and snack bar, and locker rooms located
in the Weeks Park Golf Clubhouse, for a period of three years , commencing
February 1 , 1975, and thereafter on a month to month basis.
2. The Professional shall be considered a regular City employee,
and his salary shall be in the Open Range, at a salary of $350.00 per month
for the term of this contract. All other employees for the operation within
the clubhouse, including sales and service personnel and janitorial help
will be paid by the professional and will not be employees of the City.
3. The Professional shall be in charge of and responsible for
the maintenance and operation of the Weeks Park Golf Course. He shall also
be in charge of and responsible for the operation of the golf pro shop, the
grill and snack bar, the locker rooms , and all walks , drives , and ratios
around the golf course clubhouse. He shall perform all duties and
responsibilities as are required of him by the laws of the State of Texas
and the ordinances of the City, and the directions of the City Manager
and the Director of Parks and Recreation.
4. The Professional shall collect for the City all green
fees for play on the Weeks Park Golf Course. All green fees collected will
be kept in a cash register provided therefor, and no other moneY will be
kept in such register. He shall keep an accurate account of all green fees
collected, and shall deposit all green fees with the Finance Department
of the City at such intervals as are required by the Finance Department.
All signed tickets will accompany the cash receipts .
- 2
r
5. The Professional shall have the right to give or cause
to be given golf lessons at his own expense, and all revenue received
therefrom shall be the property of the Professional .
6. All revenue received by the Professional from sales of
merchandise in the pro shop shall be the property of the Professional ,
and the City shall not receive any percentage thereof.
7. The Professional will be in charge of the rental of caddy
(pull) carts and golf carts. The Professional may either own the carts
or sublet the operation of carts , bt.!t he well be held ;responsible for
the records, receipts and supervision of -the use of carts on the course.
Any sub-leasee must be approved by the City, and any sub-lease may be
terminated for cause at any time withou� liability. On the rental of
caddy (pull ) carts , City will receive twenty percent (20%) of each
rental or ten cents (10¢) whichever is greater per eighteen (18) holes.
On golf cart rentals, City will receive sixteen and two-thirds percent
(16 2/3%) of each cart rental , or One Dollar ($1 .00) whichever is greater
for each eighteen (18) holes. Adequate daily records and register will
be kept on each cart rental .
8. Any private golf cart used on the course will conform to
Park Department requirements as to tire size and type, horsepower,
gear ratio, speed and muffler. The use of private carts on the course
will be charged at one-third the regular cart rate or Two Dollars ($2.00) ,
of which the City will receive One Dollar ($1 .00) and the Professional
One Dollar; ($1 .00) .
9. The Professional shall pay to the City a sum equal to
ten percent (10%) of the gross sales in the grill and snack bar, which
includes all sales of food, drink, confection and other items within
the realm of grill operation, including vending machine items . A daily
cash register tape will be available to the City Finance Department each
month to determine the percentage due the City. Such payment for each
month shall be due on or before the tenth (10th) day of the following month.
The operation of the grill and snack bar may be sublet, but the Professional
will be held responsible for this operation, as to quality, volume, and
general public service. Any sub-lessee must be approved in writing by
the City, and any sub-lease may be terminated for cause at any time
Without liability against either the Professional or the City.
- 3 -
10. The Professional shall keep accurate and correct books
on the operation of his business , and such books shall be open for
inspection by the City or any person designated by him. A bookkeeping
system will be provided by the Finance Department and shall be under
their control , which procedures will be instituted by and through the
Director of Parks and Recreation.
11 . The City will furnish janitorial supplies such as wax,
mops, brooms and cleanser, for use in the golf clubhouse.
12. Golf club storage service shall be optional with the
Professional . He may, at his own expense, conduct golf club storage
in the storeroom provided. The City will receive no revenue from this
operation.
13. No monthly nor annual lockers will be provided. However,
a coin operated type will be provided by the City for the convenience
of the golfing public; these lockers will be of the type to hold
clothes and valuables but not of sufficient size to hold a set of golf
clubs. The City shall receive all proceeds from this operation.
14. It is agreed that the Professional will take good care
of the personal property and real property hereby leased to him, and
he will deliver the property back to the City at the expiration or
other termination of this lease in the same condition as same was
received, natural wear and tear excepted.
15. The Professional will make no alterations in the
building hereby leased without the written consent of the City Manager
or the Director of Parks and Recreation.
16. It is understood and agreed that the City Manager may at
any time cancel this contract because of violations of laws , ordinances,
or rules, regulations or directions concerning the operation of the
golf course and clubhouse by the Professional , or for any other conduct
which would constitute cause for the discharge of the Professional as
a City employee; in the event of such cancellation, the City shall have
the right, without further notice or demand, to re-enter and take possession
of all the property herein leased and remove all persons therefrom without
being liable for any claim for damages by reason of such cancellation
and resumption of possession. In the event said contract is so cancelled
during the three year primary term thereof, the City shall guarantee the
- 4 -
sale of, or at its option may purchase from the Professional , any
usable equipment and merchandise that he might have and use in his
operation under this contract (except for golf equipment) which he shows
as being fully paid for at the cost price of same, less depreciation.
17. The Professional shall hold the City of Wichita Falls
harmless from any damages for injury to persons or property damage caused
by or arising out of the Professional 's operation of the golf course
clubhouse, and he agrees to carry public liability insurance upon
said premises , ov ri g nwQ K06ylfand the .. 1 y, in thn amounts and
upcn the City as the Manager may rrequire.+
l8.. It is uoderstood and agi >:_cd that this contract is a
personal contract, and that the same shall terminate upon the death
of the Professional , or his inability to perform the ditties required
hereunder. In the event this occurs during the three year primary
term hereof, the City shall purchase or guarantee the sale of any
usable equipment or, merchandise as set out in Paragraph lb, above.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed as of the day and year first written above.
THE CITY OF WICHITA FALLS
By
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney-
tagner
Professional
I .
CONTRACT
THE STATE OF TEXAS
COUNTY OF
Pursuant to the authority contained in Pl, 92-1133 and 39FR, 44728-44735
the Texas State Department of Health, hereinafter called. ,ReceivingPart
t
y,
acting by and through its Commissioner of Health, and .Azternity and Well Child
-------------------------
Conf. Clinic Prorrara, Dcting b
y and through its duly authorized governing
ing
AJ
body hereinafter called Performing Party have iciincly considered and .deter-
mined that a contractual agreement -should be entered, iT,,i.;-, whereby eligible
women, infants, and children shall be provided sp•.��.c:i.rkl
,tapaialIrn!ntal foods as
stated in Performing Party application for particiiakati.ez:1 in t.iie United State
F`r
fl
Department of Agri
cult"re special supplemental food prrr � ;;,;
.W
witnesseth:
For and in consider,nation of the pay;aents rad i ta,.ec;ts to f:e made
and ,.
performed by the Receiving Party, PerforinS Party r.n.d promises to:
s
A. Pto erform professional, administ ative an,! cle. ic,[ l services necessary
{ andpchildren rovide special
a 93ppplem`ntal� pfoods to c`ua11f.;�:d Women. infants,
and specifications of according geographic area ccording to the terns
� such program as set out i • z.�;
a copy of which is attached hereto and traad3. n ' �, R, 4472�3-4r,735
purposes . Fz p;-1jCt lWreof for all
B. The Performing Party will 'assist in the Collection andr.valu.atio
`r! data which wl11 tredically identify ben
eYit.; of rtzir} n of
program, such dkatia to be collected land �r.zal mac , faoc? intFrvention
a1 kaatix',= the ��dm.tct
istrative eflicier�c_feb of kirk; food av:txlwljle Y:c} qu:slifitd reci-.
P
pients . The Perfonating Party will furnish such fin.r;nciral, food
dietary and medical records and reports t ; k z°_ atnte:a.3t „
Receiving Party for the compilation of data'0M the
the ea.foa „!"
C. The Perforuaing Party will determine eligibility of a�;,plicarlts, register
participants, collect data, conduct meas_:.rerwents and maintenance rF
records as may be required by the Receiving P�srt
} Department of 4r.iculture in "order to corn}aly rrit[, the < tae United States
latiens at Caned hereto . 40resaid reRu-
1� The PPI-forminK Farty shall issue
re
recipient.., 4gho will use Such voucnersnfobered fond vouchers to q ,,{llfied
participating vendors . Vendors will the,a Submit�iedeeredoveuchE rs �tith
Receivinc tarty and receive actual costs of ,.�ch food from the
(:r-
r�c'ceiv_'n� Part
n Once a month 4'erformt_n pa
R rty will submit to
^1 ?(.d "'ord of Perfornin t 11n 1 .'st'L� p
, imb;lr.se meat in the format arequired'rb,.l and cla:.ic expenses
k;eceivio¢; Party ,
' i
lI .
kece� Party agrees tc
reimburse Perfrr7„ing par-; for the services
provided n i« r "i
above in accordance uith the follo'.Oi_ng terms and candition�,Administrative sts, salaries, benef..i_s op a,xt,i
r *,i-��� e:<pe„ses (It is spec her
if ot
'-' herein t;�ac administrative Costs shall 110tvided Qxceed
$1 .60, On dollar and s-
participant) , y cents, per month per
$— 102 000 00
Clinic;,l costs, salaries and benefits for pro fessionPl personnel.
$_3�400.00
TOTAL
III .
For and 1.11 consideration of the mutual b�>ne>rtts accrui
ng to both parties
of this contr^.cr_, it is further agreed and unda�rstooc# that: -
..r A. Rec��.iyrf,n,r'. Part shr
He.r,ith o Y 11 `4ve the rigi�t tttr ou�;h its Commissioner of
eva.J.,;rtc the program.repro e^�ative to inspect, examine, investigate and
progra.- descri-bed in
provided by the Performing part t'rtdt, , above and the facilities
Y r =_hts contract at any time ,
3. PerfOrnla ice of Part '
funds -I of this co, trnct a.c11 be
be-ing made available by t#zf,! t%x,jtf contingent upon
ri Srsat9r3 Department of.
{. C: It :;_s further agreed
.rnd understood that in the 2
r, federal l teas on the p rt of either "
h- event State xrnel
Party s1-1culd be amended or j ,-Pl'fcrsr�ing Party or Deceiving
fulfl �:r,: udicial,syin.ter_prnted so as
1. rot of this contract and agreem.er.;t c�ri the to render
Perfcrt„t.ai Part or t part of either the
,�,,p Y h_ Receiving I'arfiy �.snfc.�sible or* impossible,
ent both the Performing parg, nthen
be rI{T, tarred from further obligat.ic)n ci �,.r �.dhunderethenkerms o
contr ct fnd agreementg Party shall
� except for eq,aittc# 1P r . f the
agregc. .ncaterest up to the dAte of the "4rm:inartlemr'nt of the respective
understood that ion. It .is further
by til !1n{ ted Strstes n if the tct. 1 O"t of funds made
epnrtment 6f .f rric lI!at'e available
the ,�� i t, r'.rans incurred b s }' am iy
� Y rea,,cn ,, . n�deq�rate to fulfill
this ccntrect and t ` t#�i� contract and agreement, then
agre^ ens shall b vc,?.r1 ra I to both parties.
. This cont:racti Ch,^11 commence on the � 1tcC �f J
and shall texrr! __...r.. --- -_3"�uary 1975,
the 30th day of Jura, 1975 e;ac-opt that either of the.
Parties hereto ;h,-a1J. ho e.r
hove the right to trn,.
tnratP! r},Q contract Sooner
of 30 ,1,,. n ner upon the
c t once written notice .
f:xecuted 3n t'- F'licate this
-__ day 1975 .
STATE PUARTMENT OF HEALTH
PY
Con"i.ssioner of Health
i
4