Min 05/20/1975 1166
Wichita Falls , Texas
Memorial Auditorium Building
May 20, 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:
J. C. Boyd, Jr. Mayor Pro tem
Hardy McAlister
Dr. Guillermo Garcia
Bill E. Gowan Aldermen
Joe N. Prothro X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Evelyn M. Lesh Acting City Clerk
Peggy McCullough Absent
Max Kruger Absent
The Mayor welcomed Mrs. Lesh to the council meeting and stated that Mrs.
Wilma Thomas is out of town. Also, Mayor Kruger is out of town. Alderwoman
McCullough is ill this morning.
Item 2
Moved by Alderman Gowan that the minutes of the meeting held May 6, 1975, be
approved.
Motion seconded by Alderman Prothro, and carried unanimously.
Item 3a
An ordinance was presented by Ed Ilschner, Director of Traffic & Transportation, to
amend paragraphs (c) and (d) of Section 29-114 of the Code of Ordinances, establish-
ing no parking zones on certain streets and highways. (Kemp, Pierce and Old Seymour
Road.- certain portions.)
a ORDINANCE NO. 2981
AN ORDINANCE AMENDING PARAGRAPHS (c) AND (d) OF SECTION 29-114 of the
CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING NO
PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY.
Moved by Alderman Gowan that Ordinance No. 2981 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro
Nays : None.
Item 3b
A proposed ordinance was presented by Ed Ilschner, Director of Traffic &
Transportation, to amend paragraph (d) of Section 29-114 of the Code of Ordinances ,
establishing no parking zones on certain streets and highways. (Avenue K -
certain portions.)
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ORDINANCE NO. 2982
AN ORDINANCE AMENDING PARAGRAPH (d) OF SECTION 29-114 OF THE CODE OF
ORDINANCE OF THE CITY OF WICHITA FALLS , TEXAS , ESTABLISHING NO PARKING
ZONES ON CERTAIN STREETS AND HIGHWAYS , AND DECLARING AN EMERGENCY.
Alderman McAlister briefed the council on the request from Ed Ilschner, re-
garding elimination of Parking on Avenue K from Kemp to Seymour Road, and on
Avenue K from Seymour Road to Wenonah Boulevard . P r e s e n t l y there is park-
ing on both sides of this , unrestricted. It was the recommendation by the traffic
engineer that parking be removed. This subject was discussed at the Traffic Com-
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Item 3b, cont'd.
mission level on several occasions and notices were sent to citizenry and interested
parties, and a public hearing was held. As a result of the public hearing, it was
decided the parking should be allowed at the present time on this section. The
traffic engineer brought to the council a proposal to differ with the Traffic Com-
mission at the last meeting. The council debated that proposed resolution by Mr.
Ilschner and sent it back to the Traffic Commission for further study. The Traf-
fic Commission evaluated it at its last meeting and decided that no further dis-
cussion was required on this matter and sent a recommendation to the council to-
day that parking should be continued on both sides of this street.
Moved by Alderman McAlister that we not take any action on this ordinance, and
adopt the recommendation of the 'traffic Commission.
City Manager Gerald Fox stated that additional correspondence and information
has been obtained since the last meeting from citizens as wellas traffic count in-
formation. Alderman McAlister asked if this information was available to the Traf-
fic Commission, or did they justnot wish to hear it? Mr. Fox stated that the in-
formation was available at the last Traffic Commission meeting, but the motion to
table the subject was adopted.
Ed Ilschner stated that there was no discussion on this "peak hour" provision
that as he had indicated in his memorandum to Mr. Fox, a member of the Traffic
Commission asked Dr. Williamson to read his first paragraph in his memorandum in
which Dr. Williamson stated that he thought it was a viable alternative to institute
the "peak hour" prohibition on this facility, and since the "no parking" question
had been discussed at length for hours and since this was a viable alternative, he
requested to institute this ordinance. Mr. Ilschner added that this member asked
for the thing to be read and only took in the portion that said that this had been
discussed for hours and there was no more merit for discussion, and made the motion
to table this issue without any further discussing it. We had no opportunity
to submit count data or any other type of information.
Alderman McAlister stated that it was his understanding that at the Traffic
Commission meeting a request was made and the question raised, "Is there any new
evidence that has not been discussed before?"; and no comments were made. Mr.
Ilschner stated that that was not asked for.
Charles Russell, Attorney, appeared, representing Foster Cathead. He stated
that he attended the meeting of the Traffic Commission and was prepared to present
whatever was necessary in rebuttal of the traffic engineer's information. The
chairman of the commission specifically asked if there was any new information to
submit and he specifically asked it twice, and as he recalled, Mr. Flake,.who made
the motion to table the consideration of this ordinance also asked if there was
any information to submit and there was no information ever submitted to the commis-
sion. He stated that he is here prepared to make a more formal argument against
this proposed ordinance, but he did want to speak on this particular point. There
was ample opportunity given to submit any information that was there.
The motion was seconded by Alderman Prothro and the following votes were cast:
Ayes : Mayor Pro tem Boyd, Aldermen McAlister, and Prothro
Nays : Alderman Garcia. (Alderman Gowan abstained from voting.)
City Manager Gerald Fox suggested that the mayor introduce the ordinance and
then take a vote on it since there is not a quorum.
After Mayor Pro tem Boyd introduced the ordinance again, Alderman Garcia craved
that Ordinance No. 2982 be passed.
The motion died for lack of a second.
Alderman McAlister stated that he feels that the traffic department and traffic
engineer, because of their persistence that parking should be prohibited at certain
periods of time, and due to the fact that the traffic department and traffic engineer
feels this strongly about it that we should develop an adequate case and present
to the traffic commission. ,
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Y Item 4a
C
A proposed resolution was presented approving distribution easement to TESCO
at River Road Waste Water Treatment Plant.
CONTRACT ,
STATE OF TEXAS
COUNTY OF TRAVIS
THIS CONTRACT made this day of 1975, by and between
the State of Texas acting by and through its Engineer-Director of State Highways and
Public Transportation, hereinafter called the "State" and the City of Wichita Falls,
hereinafter called the "MPO".
WITNESSETH
WHEREAS, Section 112 of the Federal-Aid Highway Act of 1973 provides for Federal
highway funds to be made available to Metropolitan Planning Organizations (MPO's) as
dQsignated by the Governor to support the Urban Transportation Planning process estab-
lished pursuant to Section 134 of Chapter 1 of Title 23, United States Code; and,
WHEREAS, the City of Wichita Falls has been redesignated by the Governor as the
Metropolitan Planning Organization (MPO) for the Wichita Falls area and such area is
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- identified as the intensive Study Area as shown on the map marked Exhibit "A" attached
hereto and made a part hereof; and,
WHEREAS, the City of Wichita Falls has accepted the redesignation; and,
WHEREAS, the redesignation has the concurrence of the Steering Committee of the
Wichita Falls Urban Transportation Study to perform such planning operations as the
Policy Advisory Committee might direct; and,
WHEREAS, an agreement has been executed between the City of Wichita Falls and the
Governor's Office, Division of Planning Coordination, in accord with the Metropolitan
"Planning Organization (MPO) redesignation, and a copy of such agreement marked Exhibit
"6" is attached hereto and made a part hereof; and,
WHEREAS, the State, in cooperation with the local general purpose governments,
is responsible for planning required by Section 134 of Chapter 1 of Title 23, United
States Code, as well as administration of Federal highway funds which become available
within the State; and,
WHEREAS, on January 27, 1975, the State and MPO entered into an agreement providing
"for certain planning functions to be ,conducted by the MPO with the cost thereof being
reimbursable from the aforementioned Section 112 Funds and said agreement has expired.
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NOW, THEREFORE, the State and the MPO in consideration of the premises and the
mutual covenants and agreements of the parties hereto to be by them respectively kept
and performed, as hereinafter set forth, it is agreed as follows:
I. The MPO agrees to assume responsibility for the planning work authorized by
the Policy Advisory Committee and financed by the Section 112 Planning Funds allocated
for the Wichita Falls Urban Transportation Study as stated hereinafter and in pursuit
of the planning functions outlined in the Continuing Phase Agreement dated March 29,
1973, for the Wichita Falls Urban Transportation Study, a copy of which marked Exhibit
'V is attached hereto and made a part hereof, or as may be subsequently amended and
such amendments made a part hereof.
II, The State will reimburse the MPO for the authorized cost incurred for the work
described herein in accordance with Federal Procurement Regulations Part 1-15. Costs
incurred subsequent to receipt of a written work order and properly supported will be
reimbursable. The total reimbursement by the State is not to exceed the total funds
authorized by Commission Minute Order Number 69255 in the amount of $25,116.00 and the
unexpended portion of funds covered by the aforementioned agreement of January 27, 1975.
j Specific work performed by the MPO or its agents shall be reimbursed by the State on
the basis of actual costs incurred in accordance with current Federal Highway Adminis-
tration regulations. The State will make payments to the MPO as partial 9 p ym p payments
based upon properly prepared and executed Form 132 and a billing summarizing all autho-
rized costs by classification of costs showing description, quantities, price, extension,
and total . Such payments shall be made no more frequently than on a monthly basis.
'± From the amount due, the State will withhold five (5) percent pending completion of the
Mork performed under the terms of this Contract. Prior to final payment, an audit of
the records supporting the costs claimed by the MPO shall be made. The audit will be
performed in accordance with standard State procedures. The MPO shall make available
records for said audit to authorized representatives of the State and Federal agencies
' involved. The MPO shall bear responsibility for all funds determined to be ineligible
for Federal reimbursement and shall refund to the State such funds in excess of the five
(5) percent retainage. All fiscal records relating to work for which reimbursement is
made shall be maintained by the MPO for three (3) years after final payment from the
State and after Federal reimbursement has been received by the State.
III. The MPO shall furnish to the State quarterly progress reports covering the
Mork performed and the expenditure of the Section 112 Funds. The dates such reports
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shall cover will be as requested by the State and directed by the 'Policy Advisory
Committee.
IV. Specific planning functions involved, including agency responsibility and
the costs therefor, shall be approved by the Policy Advisory Committee and are generally
identified as shown in Exhibit "D" which is the applicable portion of the Unified Work
Program attached hereto and made a part hereof. The explicit scope and determinations
to be accomplished under each element shall be identified in writing by the Policy
Advisory Committee.
V. When specific planning work is to be accomplished by the use of consultants,
or local government agencies, an agreement between the MPO and the consultant or local
agency shall be submitted to the State for approval by the State and Federal Highway
Administration prior to execution. The use of qualified minority consultants by the
MPO is encouraged.
VI . A reasonable number of copies of all information; reports, proposals, bro-
chures, summaries, written conclusions, graphic presentations, Unified Work Programs,
and similar materials developed by the MPO and/or its agents and financed in whole or
in part as provided herein, shall be submitted to the State for review and concurrence
and shall have the approval of the Steering Committee and Policy Advisory Committee
prior to its public release, presentation, dissemination, publication, or other distri-
bution. Official submissions to Federal Agencies shall be made by the State to the
Federal Highway Administration.
VII. The State, Federal Highway Administration and other appropriate governmental
agencies shall be accorded proper facilities for review and inspection of the work pro-
vided for herein and shall at all reasonable times have access to the premises, to all
books, records, correspondence, instructions, receipts, vouchers, and memoranda of
every description pertaining to the work. All reviews and inspections by other than
participants will be arranged for through the State.
VIII. Any item of work presented for reimbursement by the MPO which is not included -
in approved work programs must have prior approval of the parties hereto, the Federal
Highway Administration and other Agencies as may be appropriate.
IX. The MPO and/or its agents will comply with all Federal , State, and local laws,
statutes, ordinances, rules, and regulations, and the orders and decrees of an court or
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administrative bodies or tribunals in any matter affecting the performances of this
Agreement, including without limitation workman's compensation laws, minimum and maximum
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salary and wage statutes and regulations. When required, the MPO shall furnish the
State with satisfactory proof of its compliance therewith.
X. It is mutually agreed that all parties hereto shall be bound by the provisions
of Title 49, Code of Federal Regulations, Part 21 , which was promulgated to effectuate
Title VI of the Civil Rights Act of 1964. In furtherance of
the requirements of Title i
49, a copy of "Notice to Contractors-Compliance with Title VI of the Civil Rights Act
of 1964 for Federal-Aid Contracts" is marked Exhibit "E" attached hereto and made a
part hereof.
XI. In the event the terms of this Contract are in conflict with the provisions
of any other existinga and/or
agreements 9 / contracts between the State and the MPO this
Contract shall take precedence over the existing agreements and/or contracts.
XII. Any alterations, extensions, supplement, or modification of the terms of
this Contract as detailed herein shall be agreed to in advance and in writing by the
parties hereto.
XIII. This Contract shall terminat
e upon completion of a final audit and receipt
of a final payment for the work performed under the terms of this Contract. In the
event the work to be performed under this Contract has not been satisfactorily concluded
Mby August 31 , 1976, this Contract shall terminate and any funds remaining shall be
carried over into a contract to be executed between the same parties on or about September
1, 1976. Also, in the event the designation covered b Exhibit "B" should be revoked Y ev ked
or modified, this Contract shall automatically terminate as of the date of such revoca-
tion or modification. Further, either Party may terminate its interests and obligation
under this Contract by giving thirty (30) days notice in writing to the other party.
Upon termination for any reason, all records pertaining to work covered by this Contract
shall be retained as specified in Item II hereof.
XIV. The MPO shall save harmless the State or any agency of the government from
all claims and liability due to its negligent acts or the negligent acts of its subcon-
tractors, agents, or employees.
XV. All reports published by the State and/or the MPO shall contain a credit
reference to the Federal Highway Administration such as "prepared in cooperation with
`4wll,
he U. S. Department of Transportation, Federal Highway Administration."
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. IN WITNESS WHEREOF, the parties hereto have caused these resents to
p be
executed on the aforementioned date.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
State of Texas City of Wichita Falls
Certified as being executed for the purpose By:
and effect of activating and/or carrying out City Manager
the orders, established policies, or work
programs heretofore approved and authorized
by the State Highway and Public Transportation
Commission. Date:
By. Attest:
Engineer-Director
Under Authority of
Commission Minute 70104
City Clerk
Date:.
Approved as to Form:
-- Recommended for Execution:
City Attorney
District Engineer, District 3
Director, Finance Division
State Planning Engineer
Transportation Planning Division
Assistant Engineer-Director
SUPPUMENTAL AG '" ,NT
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Akron, Ohio , 1975
The MEMORANDUM OF AGRF,E140T dated June 9, 1937, by and between Wichita
Transit Corporation, of Wichita Falls, Texas (The City of Wichita Falls, Texas
being the successor thereof), and The Goodyear Tire & Rubber Company, Inc., of
Akron, Ohio (The Goodyear Tire & Rubber Company being the successor thereof by
merger), as last amended by Supplemental Agreement dated March 21, 1974, is
hereby further extended and amended as follows:
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1. Said 10MORANDUM OF AGREEMENT is hereby extended to terminate on June 30,
1980 instead of June 30, 1975.
2. Effective as of July 1, 1975, Article 3 of the Supplemental Agreement dated
August 2, 1968, as amended, is hereby cancelled.
3. On all bus mileage run on and after July 1, 19175 and prior to January 1,
1976 the rates per bus mile applicable to Operators current fleet of six-
wheel buses which are included in Operator' s current fleet of buses as shotr,.,.
in the Revised Exhibit 1PA« attached hereto, skull be as follows:
Group "A" Buses - $.00665
Group "B" Buses - �.00830
Such rates shall hereinafter be referred to as Basic Rates. In computing
the payment due for mileage on buses other than six wheel buses, the rates
shall be proportionately adjusted.
On January 1, 1976 and on the first day of each July and Jarmary thereafter
during the term of this agreement, the mileage rates effective during the
next ensuing six-month period, shall be determined by a computation as
hereinafter prescribed.
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a. The average daily closing spot market price per pound for t`1 smoked
ribbed rubber sheets on the Commodity Exchange, Inc., New York City,
shall be determined for the six calendar months immediately preceding
the computation date, and for each one cent or fraction thereof
that such average is over or under �.29 per pound, the Basic Rates
shall be increased or decreased, as the case may be, by .14 .
b. The average daily price per pound for GRS synthetic rubber quoted for
spot sales by the principal domestic producer selling on the open mar-
ket shall be determined for the six calendar months immediately pre-
ceding the computation date, and for each one cent or fraction thereof
that such average is over or under �.33 per pound, the Basic Rate shall
be increased or decreased, as the case may be, by .32;b.
c. The average cost to Goodyear per pound of high tenacity nylon tire yarn
shall be determined for the six calendar months immediately preceding
the computation date, and for each one cent or fraction thereof that
such average is over or under �.95 per pound, the Basic Rate shall be
increased or decreased, as the case may be, by .Og1o.
d. With respect to any period during which the price for such rubber or
nylon tire yarn shall be fixed under order of any goverrzaental agency,
such fixed price shall be substituted in the computation or computations
for the prices above mentioned. i
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e. If the average hourly wage rate as hereinafter defined for the preceding
six-month period shall be more or less than `8.454 per hour, the Basic
hates shall be increased or decreased by adding to or subtracting from
the Basic Rates, the per bus mile factor, multiplied by the number of
cents that the average hourly wage rate is above or below the base wage
rate of �8•454 per hour. The per bus mile factor for Group "All buses
shall be determined by dividing $.58 by the preceding six-month average
mileage of tires permanently removed from service from Group "All buses,
the per bus mile factor for Group nBn buses shall be determined by
dividing �1.06 by the preceding six-month average mileage of tires
permanently removed from service from Group lrD11 buses. In the event no
tires are permanently removed from service during the preceding six-
month period, then the per bus mile factor shall be determined by
dividing by 50,000 miles for Group "Air buses, and by 65,000 miles for
Group "Bn buses. The average hourly wage rate shall be the annual
average hourly rate of factory employees in the Tire and Tube
of Goodyear' s Akron, Ohio factories, including all applicable public or '
private employee benefits.
With the exceptions herein specifically enumerated, all the terms and
provisions of said iNMAORANDUM OF AGREE1viEIIT dated June 9, 1937, as extended,
amended, and assigned, shall remain in full force and effect.
IN WITNESS WIER:EOP, the parties hereto have caused these presents to be
signed in duplicate by their respective duly authorized representatives the day
and year first above written.
WITNESSES:
CITY Or WICHITA FALLS, TEXAS
BY
City I4a.nager
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ATTEST
City Clerk
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THE GOODYEAA TIRE & RUBBER COMPAIff
BY I
Vice President
ATTEST
Assistant Secretary
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Revised Exhibit "Alt
To Supplemental Agreement dated , 1975, between
CITY OF WICHITA FALLS, TEXAS, of Wichita Falls, Texas, and THE GOODYEAR TIt3E &
RUBBER COMPANY.
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SCHEDULE OF BUSES
Dumber Makes Single
of of Seating Tire Size or Dual
Buses Buses Model Capacity Front gear Rear
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Group "Alt Buses
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3 Flxible FX 522 - 7.00-18 7.00-18 Dual
Group "B" Buses '
3 Twin Coach TC 3113 - 8.25-20 8.25-20 Dual
7 GMC 3102 - 9.00-20 9.00-20 Dual
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' AGREEMENT
WHEREAS, the following facts presently exists
1. Wichita Falls Museum and Art Center ("Museum") is a Texas Non-Profit
Corporation organized in 1964; the Museum maintains its principal place
of business at 2 Eureka Circle, Wichita Valls, Texas 76308.
2. The City of Wichita Falls, Texas, ("City") in Wichita County, Texas is
duly organized pursuant to a Texas Home Rule Charter.
3. The Museum owns and operates a facility at its principal place of business
and there conducts a museum program in science, history, art and a broad
range of related instruction for persons of all ages.
4. Heretofore the Museum and City have entered into a two year agreement for
financial support so that additional services can be rendered by the Museum
to the City and its citizens and visitors. This agreement expires on September 30,
19,75.
5. This agreement would be a continuation of the previous and expiring agree-
ment under terms as indicated.
NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS THAT,
for value received, the receipt and sufficiency of which is hereby acknowledged,
the Museum and City agree:
Section 1. 0: Community Services. The Museum has heretofore rendered a
broad range of educational and cultural services to the City and all of its
citizens and visitors on a regularly scheduled, daily basis (locally observed holi-
days excepted), and admission to the Museum is free of any charge, During the
term hereof, the Museum shall use its hest efforts to continue present services
and to expand and add to its current programs with the annual fee herein set as
its Board of Trustees may determine
Section 2. 0: Fee. The said activities of the Museum and its program accrue
to the benefit of the City, and during each year of the term hereof, the City
shall pay the Museum a fee (Annual Fee) for such services. The amount of the
Annual Fee shall be approximately 10% of the Museum's annual operating budget
each ,year, but no more than $11,000 for the first year and $12,000 for the second
year of this agreement. The Museum's annual operating budget as adopted and
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certified each year by the Museum's Board of Trustees shall be presented to the
City of Wichita Falls prior to February 27th of each year. The Annual operating
budget so presented shall specifically indicate new and/or expanded programs pro"
posed to be funded that fiscal year. The Annual Fee shall be so paid in four (4)
equal installments on or before the tenth day of October, January, April, and July
of each year.
Section._ 3.0: Term. This Agreement shall commence and be affective as of
October 1, 1975, and it shall continue thereafter for the next two (2) con-
secutive years. The City and the Museum contemplate the City's continued pay-
ment of the Annual Fee after October 1, 1977, upon such terms as are then mutually
agreeable to the City and the Museum.
Section 4 0: Appointments and Liason. T e Mayor with the c h Y •ncurrence of the
Board of Aldermen of the City of Wichita Falls under this agreement shall have the
right to appoint two (2) persons to the Museum Board of Trustees, one of whom
shall also be a member of the Museum Executive Committee. Such appointees
shall have all of the rights accorded to other members of the Board of Trustees
and Executive Committee. The persons first appointed shall serve one and two
year terms respectively and thereafter all appointments shall be for two year te
r erms,
In addition, the Board of Aldermen may appoint one of its own members who shall
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Raise with the Board of Trustees and Executive Committee with no right to vote.
THUS executed at Wichita Falls, Texas, this day of
,
1975.
CITY:
CITY OF WICHITA FALLS, TEXAS
BY
ATTEST:
CITY CLERK
MUSEUM:
WICHITA FALLS MUSEUM & ART CENTER
BY
ATTEST:
SECRETARY
SELF-INSURANCE SERVICE CONTRACT
This contract, effective September 1, 1975, made and. entered
into by- and between the City of Wichita Falls, Texas, hereinafter
called Self-Insurer, and ESIS, Inc. , a California corporation here-
inafter called Service Company,
WITNESSETH:
WHEREAS, On July 1, 1974 , Self-Insurer became subject to the
Workmen' s Compensation laws of the State of Texas, and it has become
and will continue to be a self-insurer as the method by which its
employees will receive Workmen' s Compensation benefits; and,
WHEREAS, the parties hereto desire that Service Company shall
provide to Self-Insurer certain administrative -tervices in the oper-
ation of such Self-Insurance program.
NOW, THEREFORE, for and in consideration of the mutual cov-
enants herein contained, the parties hereto do hereby agree a's
follows:
1. Service Company agrees that it shall perform the following
services :
a. It shall examine, on behalf of Self-Insurer, all
reports of industrial injury to or disease of employees reported to
it.
b. It shall conduct such investigation of such cases as
in its judgment is deemed necessary.
C. It shall decide on behalf of Self-Insurer what bene-
fits? if any, should be paid or rendered under the applicable Work-
men ' s Comepensation law of Texas in each reported claim.
d. It shall issue checks in payment of benefits or claims
for compensation and medical expenses on the Trust Fund account,
subject to any discretionary authority or limit desired by Self-
Insurer; the money for the Trust Fund account shall be provided by
Self-Insurer.
e. It shall create and maintain a complete file on each
reported claim at the local claim office servicing Self-Insurer,
and these claim files shall be available to Self-Insurer at all
reasonable times for inspection.
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f. It shall provide all forms necessary for the efficient
operation of the self-insurance program and prepare and file, where
legally permitted, all legally required forms and reports.
g. It shall provide monthly reports to Self-Insurer which
will set forth sufficient accounting and statistical data to allow
Self-Insurer to interpret and evaluate the self-insurance program.
h. It shall develop, in conjunction with Self-Insurer, an
appropriate benefit or claims payment system, utilizing a Trust Fund
account, to meet Self-Insurer' s fiscal policies and procedure.
i. It shall provide recommendations on the amount and
method of reimbursement of the Trust Fund account in order to meet
current benefit and/or claim payment demands. Such recommendations
will be as nominal as possible, consistent with sound business prac-
tice, in order to maximize the cash flow and investment potential of
the self-insurance ro ram.
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j . It shall provide a monthly reconciliation of the Trust
Fund account to Self-Insurer together with a copy of each check and
request Trust Fund account reimbursement for funds expended by
Self-Insurer.
k. It will provide Self-Insurer with as many copies as
required of a monthly Loss Experience Report, which shall be designed
for Self-Insurer's specific requirements and wishes. Such report
shall consist essentially of three sections as follows:
(1) Trust Fund Recap, which provides a reconciliation
of the Trust Fund account beginning with the previous month' s closing
balance; itemizes and applies current month' s disbursements by check
number, claim number and type of payment (compensation and/or
medical) to the trust balance; credits subrogation recovery payments
and deposits made to trust account; concludes with the current month' s
closing balance.
(2) Detailed Report, which itemizes current contract
year reported injuries and accidents; provides full information as to
where and when the injury/accident occurred, name of claimant, de-
partment for which claimant works, description of injury/accident,
amounts paid, medical and compensation benefits accrued to date, and
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an estimate of future liability (reserves) existing at the time each
report is made.
(3) Summary Report, which provides a recapitulation
of Self-Insurer' s entire program; all contract years are summarized
to reflect total claims activity, open and closed claims, payments
and estimates of future liability, from inception of Self-Insurer' s
program to date.
1. It shall be entirely responsible for the accurate and
realistic determination of the future liability (reserves) on all
open cases; open cases shall be constantly reviewed and their re-
serves frequently adjusted, upward and downward, based upon the best
available medical and legal advice as to the prognosis of the case.
M. It shall represent Self-Insurer before the Industrial
Accident Board and at prehearing conferences.
2. Self-Insurer shall make available funds for the payment of
Workmen' s Compensation benefits or services to or for injured or
diseased employees, or their dependents in the event of their death,
and Allocated Loss Expense.
3. Self-Insurer shall pay to Service Company the sum of
$9 , 280. 00 as administrative service fee; this fee shall be payable
in four (4) quarterly installments of $2, 320 .00 each, for which
Service Company will bill Self-Insurer quarterly. This administra-
tive fee is based upon two hundred (200) reported claims. In addi-
tion to the administrative service fee, Self-Insurer agrees to pay
$46 . 40 per claim for all claims reported in excess of two hundred
(200) during this accident year.
4 . Service Company shall establish a Trust Fund account from
which they shall pay all losses. Self-Insurer shall provide the
funds for such Trust Fund account. Self-Insurer shall furnish
Service Company the sum of $8, 000 . 00 on the effective date hereof
to be placed in such Trust Fund; thereafter, Service Company will
bill Self-Insurer monthly for the amount necessary to reimburse the
Trust Fund for all losses paid therefrom by the Service Company.
S. "Allocated Loss Expense" shall mean all Industrial Acci-
dent Board or court costs, fees, and expenses; fees for service of
process; fees to attorneys; the cost of services of undercover
3 -
operatives and detectives; fees of independent adjusters or attor-
neys for investigation or adjustment of claims in areas removed
from reasonable access to salaried employees of Service Company;
the costs of employing experts for the purpose of preparing maps,
photographs, diagrams, chemical or physical analysis, or giving
expert advice or opinions involving chemical or physical questions;
the cost of copies of transcripts of testimony at coroner' s inquests
or criminal or civil procedings; the cost of obtaining copies of
any public records; the costs of depositions and court reporter or-
recorded statements; and any similar costs or expenses properly
chargeable to the defense of a particular claim or to protection of
the subrogation rights of Self-Insurer. Allocated Loss Expense is
not included in the service fee; such expenses shall be paid by
Service Company out of the Trust Fund account, ''which shall be reim-
bursed by Self-Insurer.
6 . The employment by Service Company of such professionals
and experts shall be done with the consent of Self-Insurer.
7. If requested by Self-Insurer, Service Company shall fur-
nish Loss Control Service for an additional fee at the rate of
$150. 00 per day. Such Loss Control Service includes the following
major functions: an evaluation of the scope and level of proficiency
of Self-Insurer' s existing loss control program, and a consultative
report to guide Self-Insurer in the upgrading of such loss control
program.
8. This contract shall be in effect for a period of one year,
beginning September 1, 1975 . It will automatically be renewed
annually on the same terms unless written notice is given by one party
to the other to the contrary on or before sixty (60) days prior to
any anniversary date of the contract.
9 . Within sixty (60) days after the annual anniversary date
either party may propose to the other a revision in the basis of
fees retroactive to the anniversary date. In the event no agreement
can be reached on such proposed revision of fees, either party may
terminate the contract on sixty (60) days written notice to the other.
-4-
10 . In the event Self-Insurer purchases Workmen' s Compensation
insurance, this contract automatically and immediately is terminated
and cancelled.
11. On termination by written notice or otherwise, a final
r accounting will be made of the fees payable to Service Company and
of any funds belonging to Self-Insurer in possession of Service
Company, and any balance due either party will be promptly paid by
the debtor party.
12. On termination, Service Company will deliver all claim
files on cases reported to it under this contract to Self-Insurer as
soon as reasonably practicable.
IN WITNESS WHEREOF, the parties hereto have caused this con-
tract to be executed this the 3rd day of September, 1975.
CITY OF WICHITA FALLS, TEXAS
ByGerald G. Fox
City Manager
ATTEST:
City Clerk
ESIS, INC.
By:
President
ATTEST:
Secretary
5 -
1167
Item 4a, cont'd.
rRESOLUTION NO. 1664
RESOLUTION APPROVING DISTRIBUTION EASEMENT TO TESCO AT RIVER ROAD
WASTE WATER TREATMENT
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
That certain easement, a copy of which is attached hereto, for a right-of-
way for an electric distribution line at the River Road Waste Water Treatmenhereby
Plant, from the City of Wichita Falls to Texas Electric Service Company,
approved, and the City Manager is authorized to execute and deliver the same for
the City of Wichita Falls.
Moved by Alderman Prothro that Resolution No. 1664 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro
Nays : None.
r Item 4b
proposed resolution was presented approving appraisals of properties on
A prop purchase or condemnation.
Kell Freeway, and authori.zing their p
` RESOLUTION NO. 1665
RESOLUTION APPROVING APPRAISALS OF PROPERTIES ON KELL FREEWAY, AND AUTHORIZ-
ING THEIR PURCHASE OR CONDEMNATION.
WHEREAS, by the 1968 contracual agreement for
thegBoard f-waofyAprocurementldermen oftbetween
the State of Texas and the City of Wichita Fauire City of Wichita Falls has heretofore found that it is
hereinaftersdescrary ibedqwithinx exist-
ing ing advertising signs located p and approved the ap-
praised required for the Kell Freeway, Project 52-380,
praised values of such signs ; and,
WHEREAS, all of these properties will be acquired by the City except for signs
ed
located thereon. These fromnguideelines eseen tablishedraised nbyttheamount of the National Beautification
values were determined g
act relating to removal of signs , adopted by Texas in Senate Bill No. 3 of the 62n
Legislature.
D BY THE BOARD OF ALDERMEN OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVE
WICHITA FALLS, TEXAS , THAT:
SECTION 1. It is necessary that such signs oas the
follofollowing properties be
purchase yd bb Quitclaim Deed for the named project
Kell Freeway, Project 52-380
Quitclaim Deed
A tract of land 70' x 170' out of the SPRR Survey, Abstract 281 on the
existing FWDRR right-of-way.
A tract of land 100' x 100' out of the SPRR Survey, Abstract 281 on the
existing FWDRR right-of-way.
Combined total of values of signs approved in this resolution ---- $
4,951.00
SECTION 2. The value of such signs are hereby approved, and the City Manager
is hereby authorized to purchase l the
theTexas
signsSlocatedgonasuDhptractst,
or the City of Wichita Falls, y Quitclaim Deed,right-of-way ma The authorized price to be
of land as shown on the project rig roved values as determined from the above
paid for such signs are the state app
appraisals.
e City Manager is unable to purchase such signs
SECTION 3. In the event th
1168
Item 4b cont'd.
for such approved values, he is hereby authorized and directed to cause to be in-
stituted condemnation proceedings to obtain such signs in the name of the Texas
State Highway Department or the City of Wichita Falls.
Moved by Alderman Prothro that Resolution No. 1665 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro
Nays: None.
Item 4c
A proposed resolution was presented accepting designation renewal of the City of
Wichita Falls as the Metropolitan Planning Organization for the Wichita Falls metro-
politan area under the Federal-Aid Highway Act of 1973.
�1 + RESOLUTION NO. 1666
RESOLUTION ACCEPTING DESIGNATION RENEWAL OF THE CITY OF WICHITA FALLS AS
THE METROPOLITAN PLANNING ORGANIZATION FOR THE WICHITA FALLS METROPOLITAN
AREA UNDER THE FEDERAL-AID HIGHWAY ACT OF 1973.
WHEREAS, Section 112 of the Federal-Aid Highway Act of 1973 provides that the
State shall designate Metropolitan Planning. Organizations, which shall receive certain
funds for use in establishing and maintaining in urban areas a continuing comprehensive
transportation planning process required by Section 134 of Chapter l of Title 23,
United States Code; and,
WHEREAS, the Governor's Office of the State of Texas has designated the City of
Wichita Falls as the Metropolitan Planning Organization for the Wichita Falls urban-
ized area; and,
WHEREAS, the City of Wichita Falls has previously executed an agreement with the
Office of the Governor for the use of Section 112 funds, and this agreement will expire
on June 28, 1975; and,
WHEREAS, agreement between the City of Wichita Falls and the Office of the Governor
provided for the renewal of the Metropolitan Planning Organization designation of the
City of Wichita Falls for a two-year period; and,
WHEREAS, the City of Wichita Falls has fully committed itself through personnel
staffing and work task implementation as outlined in its Unified Work Program utiliz-
ing Section 112 funds; and,
WHEREAS, the termination of the present agreement would place a great burden on
the City of Wichita Falls to carry out a continuous multi-modal transportation planning
process.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Renewal of the designation by the Governor 's Office of the City of Wichita Falls
as the Metropolitan Planning Organization for the Wichita Falls Metropolitan Area will
be and is hereby accepted, and the City Manager is authorized to execute, for the City
of Wichita Falls, a renewal agreement with the Texas Office of the Governor, acting by
and through the Director of the Division of Planning Coordination, establishing the
terms under which the Section 112 funds can be used.
Moved by Alderman Garcia that Resolution No. 1666 be passed.
Motion seconded by Alderman Prothro.
Alderman Gowan asked Ed Ilschner, Director of Traffic and Transportation, to
explain if there are any City funds being expended for the personnel or for the pro-
grams that are on-going as a result of approving this renewal.
Mr. Ilschner stated that the City has always expended its staffing funds; his
staff time and other staff time, for the transportation planning process. In the Federal
Highway act of 1973, the government saw fit to reimburse the City for this planning ef-
fort through the use of 112 funds. We are using these 112 funds in the area of completely
funding additional staff persons who assist in the transportation planning process.
1169
Item 4c, cont'd.
. Fox that in the past the Wichita Falls transportation
It was explained by Mr ingredient for the City to receive any assistance
planning process is a necessary range and short range
in highway or road construction work. We have to have a long
plan for transportation facilities in the b City within
within our
ighwaygDepartmentanized a• They
in
P dates. The
the past had primarily been coordinate this 5 year plan in annual up
were using their staff time in preparing
Transporta-
City was also contributing its staff timeP- the gu Department.blic Works DeInr1973tthe rules
tion Department, Traffic De p an within each planning
were changed and the Federal Highway wouldct adesireid ttoftakeaoverythe leadership, that
district, a local government agency,
it could do it by resolution by its governing bodyand approval of the office of
by the Federal Highway Agency. Last year the City Council
the governor, and approvedthe leadership in pre-
agreed to become the MPO and proceeded updateseasl well aasnthe 5-year, 10-year and
paring the annual transportation plan, up
15-year planning process that we have to go through. W e arocess on paid by the
re the aanaannual basis.
leting the planning p
are receiving planning funds for comp
eo le. Part of their salaries are
City and part by the Federal Planning
We use primarily existing staff P p funds that their
are receiving. We have one
additional person in the Planning Department who is completely funded out of these
are art of salaries of several people who are already
funds. Otherwise, weroll and late p
that are now being p doing this work, contributing their time previously,
authorized on our payroll
out of the fund.
The motion was carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro
Nays : None.
° Item 4d
Alder
man McAlister presented a resolution commending President Ford and the
United States Armed Forces for the recovery of the Mayaguez and its crew.
RESOLUTION 'NO. 1667
RE
SOLUTION COMMENDING PRESIDENT FORD AND THE UNITED STATES ARMED FORCES FOR THE
RECOVERY OF THE MAYAGUEZ AND ITS CREW.
ized an
WHEREAS, on May 12, 1975 a Cambodian gunboat fired umilespon noffe the a unarmed
oast of
U.S. merchant ship and its 39 man crew about ninety (90)
Cambodia; and,
Ford instructed the State Department to demand the immediate
WHEREAS, President
release of the ship
and its crew; and,
the United States first sought to recover the ship and crew through
WHEREAS and sought the help of the People's Republic of China, which has direct
diplomacy,
contact with the new Cambodian government; and,
iden Fo
rd di
cte
tht
WHEREAS, when the diplomatic efforts failed, eCorpst the Navy anddtheaAir
military measures be immediately taken by the Marine
Force; and,
t, effective action resulted in the recovery of the ship
WHEREAS, this swif
and the rescue of the crewmen.
ED BY THE BOARD OF ALDERMEN OF THE CITY OF
NOW, THEREFORE, BE IT RESOLV
WICHITA FALLS , TEXAS, THAT:
for his decisive action in handling this incident,
President Ford is commended
and the members of the armed forces who participated in the rescue efforts are
commended for their bravery and effectiveness.
Moved by Alderman McAlister that Resolution No. 1667 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, and Prothro
Nays: None.
1170
Item 5a
'l
Ernest Lillard, Director of Public Works,
accepting bid of Stuckey Construction Company) Presented a proposed resolution
Program. P Y� Inc. , for the 1975 Assessment Paving
RESOLUTION NO. 1668
i
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
Of improvements on various streets described as the 19
and, 75 Assessment Paving Program;
WHEREAS, three bids were received, and it is found that Stuckey Construction
Company, Inc. , who bid $209 ,308.00 is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said bid of Stuckey Construction Company,
Inc. , ofis hereby accepted, and the City Manager is authorizedntohexecutetfor the9Cit0y.00
of Wichita Falls a contract with Stuckey Construction Company, Inc. , for the construc-
tion of such improvements.
Moved by Alderman Prothro that Resolution No. 1668 be passed.
Motion seconded by Alderman Garcia.
Alderman McAlister asked who is to do the work on the present assessment.
Mr. Lillard stated that Sabre Asphalt Company is doing the work. ,Alderman McAlister
stated that comments have been made in regard to the dissatisfaction with the time
required to complete some of these programs, particularly on the east side. The
streets have been paved and the only thing lacking is that they be cleaned up, but
it seems that the City has not been able to get the contractor to clean it up be-
cause he is still within his time limit. He mentioned that he didn't see any time
limit placed on this program. Mr. Lillard stated that there will be some time
limits placed in the contract, the document itself. On jthinks that we specified the time ourselves. One of tthet problems lislar thatrweeallohe
w
adequate time under normal construction and try to give the contractor enough time
for what we could term unforeseen delays. . Time is not charged for any bad days or
days in which conditions were bad enough that he couldn't work. This does allow
the contractor enough time to complete the project.
City Manager Gerald Fox explained that time limits on contracts are established
by the City or by the contractor himself. Alderman McAlister stated that he was
just curious as to why projects are virtually completed all over the City, but
not quite completed, and is just curious as to why it had not been rectified. Mr.
Lillard stated that we don't pay them any money until the jobs are completed. We
have changed our method and will not pay any interim payment on an incompleted
block. They have to complete a block before they get paid for it. That hasn't
been entirely successful, but it has helped some.
project will begin, and Mr. Lillard explained that itdwould beginermanrarounddtheemidthis
dle
Of July and that the term of the contract would basicly be a year's time. He did
not have a copy of the specifications with him. Alderman Prothro asked Mr. Lillard
to furnish the council with a copy at a later time.
City Manager Gerald Fox stated that he thinks that the contracts we have had
in the last two years have been such that the contractor has proceeded as diligently
as he could. In 1973 the contract took the bid on a fixed price basis. He had
price increases himself. I am sure he was waiting for something to happen on the
downgrade of prices to continue to work. On the other hand, he does have sufficient
flexibility under the contracts to complete his work without being penalized. We
cannot impose any penalities on him such as liquidated damages, etc. There hasn't
been very much competition in the past, but this year we received three bids.
The motion was carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, and Prothro
Nays: None.
d
/ F Items 6a & 6b — — —
— — —
,/ Moved by Alderman McAlister that the minutes of the meeting of the Plumbing
Advisory Board held May 1, 1975, and the minutes of the meeting of the Board of
Electrical Examiners held May 13, 1975, be received.
1171
Items 6a & 6b, cont'd.
ia, and carried by the following vote:
Motion seconded by Alderman Garc
Ayes : Aldermen McAlister , Garcia, Gowan, and Prothro
Nays: None.
Item 6c
hro that the minutes of the Traffic Commission meeting
Moved by Alderman Prot
held May 13, 1975, be received.
/ Motion seconded by Alderman Garcia.
Alderman McAlister stated that on Page 3, Item 2, Paragraph 3, of the Traffic
Commission minutes that the Traffic and thatohevdidn'toseepanythingeinrthelagendo.
Com-
mission and Traffic Safety Council, plan to do that June
relating to that. City Manager Gerald Fox stated that we
ety
Alderman McAlister stated that he wolsafety council was e traffic
uld wascreatedandfwherel tor
the
position was created and how the traffic
raffic Commission wa l had any real necessity
funding came from for this proect. The T
n o t sure t 'n a t t h e T r a f f i c S a f e t y Counci rovided some of that informa-
for being in existence. Mr. Fox
pastathreehor foura
amonths and we will address that
tion to the council during
the on June 10.
rothro stated that it was originally proposed by the council that
Alderman P
a separate commission be established. Ad or not litt s t
wasnecessarytoehavedared
why it was created to begin with and whether
tem Boyd stated that he had the same question
traffic safety director. Mayor Pro
some information for him.
earlier and that Mr. Fox furnished
inquired about the rules and procedures and the way the Traffic
Alderman Gowan planned to be
Commission had operated in the past. Mr. Fox stated that this is
addressed in the future meeting wan asked if members of
of June 10. Alderman Go
to im lement these rules and procedures.
the Traffic Commission are not willing p explained that there is a
Ed Ilschner, Director of Traffic and Transportation,
problem in the interpretation of that specific
ordinance
as titl was ddrafted f is
in
office and the responsibilities and the light of the model traffic ordinance utilized by the nation's cities across the
tion
fic
nation. There is some conflict in the nbeenrinaeffectffor the
manyterm
yearsfand thgsla-
tions. These rules and procedures have
was an attemptto clarify the duties of the Traffic Commission and the traffic
engineer,
and this is still in litigation.
City Manager Gerald Fox explained that the council establishes the rules
The issue that needs thbe
addressed
engineer. I t seems
are uties athatesomesi-
and regulations.
bilities of the Traffic Commission and
Traffic Commission members are not in agreement with the clarification of the
duties and responsibilities.
ay
he
Alderman Gowan stated that if the
themnandlwe canon ldiscusss that wthis about matter�together.
would like to have some spokesman for their
He would like to have the bene ofotheir eby thesco r commission
in regard
to the actual procedures that are
The motion carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, and Prothro
Nays : None.
Item 7a
f
The following appointments to various boards and commissions were presented.
Expiration Date
�% '% � Board of Equalization
June 12, 1976
Paul Dowdy - reappointed June 12, 1976
Dan Cutbirth - reappointed June 12, 1976
f Thomas Foley - appointed June 12, 1976
Henry Dvorken, Alternate
1172
Item 7a, cont 'd.
Moved by Alderman Prothro that appointments to the Board of Equalization
be approved.
Motion seconded by Alderman Garcia, and carried unanimously.
f / Appointments to the Planning Board were deferred until the next council
meeting. Mr. Fox stated the the present members will continue to serve on the
Planning Board until a decision is made.
� ./ Board of Adjustments and Appeals
� Expiration Date
Joe Turnbow - reappointed
Gene Norriss - reappointedMay 23, 1977
Allen Sharp - appointed tMay 23, 1977
d
May 23, 1977
Moved by Alderman Garcia that appointments to the Board of Adjustments
and Appeals be approved.
Motion seconded by Alderman McAlister, and carried unanimously.
; V IPlumbing Advisory Board
Expiration Date
Bill Rowland - reappointed
Marvin Nunn - appointedMay 23, 1977
Paul Alexander - appointed, May 23, 1977
May 23, 1977
Moved by Alderman Garcia that appointments to the Plumbing Advisory Board be
approved.
Motion seconded by Alderman Prothro, and carried unanimously.
a Electrical Advisory Board
Expiration Date
Sinclair Balch - reappointed
Ward Parker - appointed May 23, 1977
Bill Drake - appointed May 23, 1977
George Moss - appointed May 23, 1977
May 23, 1977
Moved by Alderman Garcia that appointments to the Electrical Advisory Board
be approved.
Motion seconded by Alderman McAlister, and carried unanimously.
r
Alderman McAlister stated that he would like to make a statement in re and
to the Traffic Safety Director; that he was not making any reference directly to
Mr. Draper himself or any merits of his performance. He was simply questioning
the necessity of his position. g
i Item 7b
Alderman Prothro stated that he is giving the report from the Swim
min Committee for Alderwoman Peggy McCullough, who is the chairman of the committee•
For the benefit of the three new council members he stated that the swimming pool
was recommended by several groups, including the Bicentennial Commission and it
is a project that was discussed frequently in several public hearings that the
council held for the usage of Federal Revenue Funds.
At a work session after all the public hearings, the council members established
priorities for the spending of these funds and one of these that received priority
was a swimming pool. Between that work session and the next council meeting in
December 1974, there was an article in the newspaper regarding an interview with
Dr. Williamson with the school system in which he stated that he hoped that the
public school system would be able to build three swimming pools, one at each of
the high schools. At that time the council was not willing to build a pool if
the public school was going to build a pool at each of its high schools. Therefore,
this item was left off the December council meeting and these funds were not appro-
priated for the swimming pool. Subsequent to that, Dr. Williamson came before the
council and stated that in some future date they would like to have a pool at each
of the high schools, but they had no immediate plans. At that council meetin
was appropriated from Federal Revenue Funds for a swimmingg $650,000
pool. A committee was
1173
Item 7b cont'd.
a ointed to meet jointly with the school system and representatives of the school
PP
system to select a site and really to discuss with the school system the maintenance,
design of the pool, etc.
The site recommended is the Rider High School campus. It would be built on
ta Falls for a period of 99 years.
land which would be leased to the City of Wichi
The City would own the swimming pool facilities . It is recommended that the swimming
pool not be built adjacent cent to the existing school structure, but be located on the
to the
land at a locati are
on where it would
itt be wouldtserve the mostscitizenssin this community.
trying to pick the location w
It was a jointly recommendation made by the toothelschool, thentthe soperating as well tcost
he choo
representatives. If it is placed adjacentcost could
and responsibility would become those of the school system. The opt the pool be no
run between $y5r000 and $
100,000 annually. We have recommended that the p
less than 25 yards long and 60 feet wide. It would have two locker room facilities
and some type of seating comparable to the facility at Midwestern University. It
The operating policies and regulations
would be operated on a twelve month basis.
formulated by the City Council, City staff, and School
of the pool would be jointly formualained the operation and time of usage of the
Board staff. Mr. Prothro further exp
pool. It was the recommendation athandthresent ate City uaclatermdatettoy the ocouncil.
e
possoibility of hiring an archite P
Alderman Garcia questioned the Rider site location. He feels that it is too
far away for the average citizens, TransPortat
ldermannProthrodstatedi that
lheand couldnstated
that another location would be better. A
uestion, but it was simply a matter of opinion. Eight or
specifically answer his q the
ten on the committee thought it wouatedethate bst e citizens
hestillwonders i m
f perhaps an
the Rider site. Alderman Garcia st
location would be more convenient, particular tend
for those underpriviledged citizens
a transportation to at the pool and take advantage of
who cannot afford to pay 4 did consider Wichita Falls
these facilities. Alderman Prothro stated that they
High School and felt there was not enough land availablef rng. He co structiohat nmissedhone
type facility, and there was a limitation e pred to locate the pool at Barwise.
meeting and did not recall if it Was considde
City Manager Gerald Fox stated that it wasn't discussed at any length, but the
y o01 should be located at a' high
theory of the matter was that they felt that the P e of the physical sical education program.
school rather than ajunior high school becaus a high
The basic decision was made that it should blocatedrintone�ofctheuCity parkshand main-
school, and if it wasn't, that it should
be tained by the City and operated by the City. The school atepreseta ives,did
obably
indi-
pr
sat e that within their long range plan, they are looking h sisal
non-competitive pools , on sites of the other two high schools just for p as eat from
education classes. This would be available for the competitiveysical swimming education courses.
a city wide basis as well as being used for high schoollphysical
uch greater than the other two schools.
The projected growth of Rider is m
Ald
erman Prothro stated that we did consider City-owned property, specifically
Hamilton Park and Kiwanis Park. We felt there were two distinct
cosdvawhichsthe public
locat-
ing the pool adjacent to a school. one would be the operating alit
cent
school system would bear. Secondly,ntent we ion oflt athet would previouseceive councilore to lookeatdJ
to a school. He thinks it was the
architecural plans to see if the pool can be built for $650,000 and in the event it
t committed to the pool.
cannot, and we are not happy with the plans we are no
Alderman Garcia agreed that the swimming pool should be connected with a public
school, but Wichita Falls High School students and Hirschi students have to be trans-
ported to Rider High School. He
thatktheperhaps
Barwiseanother
locationlocation
should be studied and
more accessible. He re pool- City Manager
see if it possibly could be used for location of the swimming
Gerald Fox stated that he didn't
fthink
rom that
ther schools to this location.
the school system would tend There would
port physical education classes
be less usage of a pool at a junior high school than would be at at a high school.
There are approximately 3,000 students at Rider and 500 at Barwise.
Mayor Pro tem Boyd stated that in regard to Alderman Garcia's concern
nei regarding
of
the location is natural. In discussing
that we the
have otr ontthisembHesis sure they
them have all the background and information
e mote informed before
to
will want to do some more digging in and broceedetoagound forward
taking a final vote. The question at this time is, "Shall we p
in selecting an architect or shall we not?"
1174
Item 7b, cont'd.
Alderman Prothro stated that the only question that is before us now is whether
we want to proceed now with the selection of an architect.
in building a pool will be at the time the architect 's plansThe are final
acceptedmandmapp
and the bids are accepted or awarded. pproved
Alderman Prothro moved that the council give the pool committee, City Manager
Fox, himself, and Alderwoman McCullough, the right to make a recommendation at
the June 10 council meeting.
Mayor Pro tem Boyd stated that he would like to have Alderman McAlister added
to the swimming pool committee. This was in the form of & motion.
Motions were seconded by Alderman Gowan.
Alderman Gowan stated that he would like to encourage the citizens at this time
to get some input to the council on their desirability on this building a swimming
Pool concept, and encourage the citizens to appear at the council meeting or write
letters in order to get their opinion on the desirability on this project as a ;whole,and
the spending of the funds. He feels that the building of a pool on public school
property is a function of the school system.
Alderman McAlister stated that he will be happy to serve on the committee, but
that he has two questions - (1) Should we be spending revenue sharing funds for a
swimming pool? (2) Should we build what will essentially start out and remain a
school system pool facility? Alderman Prothro stated that this was a question that
he had to answer, but this concept is derived from the way the City of Plano has done
it. They have one facility that is built by the City with City funds adjacent to
the school. They plan to build one or two more facilities of this t
The idea is that the two governmental bodies s a construction.
share th reduce the capital expenditure by Navin onee same facilities and, hopefully,
g
if Alderman McAlister would like to see it. He can get the information from Plano
Alderman Garcia asked if the architect expense is included in the $650,000. He
was informed that it is included. Mr. Fox stated that the decision of the site
should be made at nearly the same time that an architect is hired.
The motion to authorize the swimming pool committee and others to make a rec-
the following vote:ommendation and report back to the council at the June 10 meeting was carried by
Ayes: Aldermen McAlister, Garcia, Gowan, and Prothro
Nays - None.
Mayor Pro tem Boyd asked Mr. Prothro to get information on site location.
Alderman Prothro stated that he thinks it is premature at this time since the
other members want a little more time on it.
' Item 7c _ - - - - -
Alderman Prothro
gave a
on recommendation is that the minimum tfee bee mowing program. The
established at $25.00 for the first hour
and $17.50 per hour thereafter. A list of mowing contractors would be sent out
with the notices requesting property owners to mow their lots. Unknown ownership
lots will be mowed by the City and a lien filed.
(See attached memorandum.)
Moved by Alderman Prothro that lot mowing rates be set at the rate as recom-
mended, and the request as stated by the City Manager be approved.
Motion seconded by Alderman Gowan.
Alderman Garcia asked if we do not have a record as to who own some of those
lots? Mr. Fox stated that in some cases there are questions as to ownership, and
each year we have to publish a legal notice in the newspaper to provide the notices
required in the ordinance. We would not be offering our services except to unknown
owners. We are trying to get out of the mowing business.
1175
s
Item 7c, cont'd.
Alderman Gowan asked if the City pays for those notices that are published.
Health
Dr. Charles M. Parker, Director of City
-County
thathe would,
stated
amend t he City
that
pays for the notices. Alderman Y
a for the notices. Alderman
ordinance and require the owner of the property to pay
ot
as
McAlister stated that on their city tlittle viewed couldeber al d vacant ur hey oneaboutlthoseebecause
collected junk and it was determined very
they couldn't be considered a health .beMa.violation Fox aofeourhordinangeoand
of weeks in conjunction with the junk would
they would provide notices.
The motion was carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, and Prothro
Nays: None.
Item 8a
A proposed ordinance was-presented requesting permission to operate pet shops
o en and/or enclosed mall shopping center.
in shopping centers, including an y P
r ORDINANCE NO. 2982
ORDINANCE AMENDING PARAGRAPH 5 OF SECTION F OF HE 1962TI EDITION
OFNCE THE
AND
UNITED STATES PUBLIC HEALTH SERVICE FOODSERVICE
CODE, ADOPTED BY SECTION THE CITY OF
TI�6-ESOF THE CODE OF TABLISHMENT OF PET DISHOPS SINFSHOPPING CENTERS,
WICHITA FALLS, TO ALLOW
INCLUDING ANY OPEN AND/OR ENCLOSED MALL SHOPPING CENTER AND DECLARING
AN EMERGENCY.
Mr. Landon Winsted , Attorney, representing Jerry's Pet Shop, appeared, request-
ing permission to operate a pet shop at Sikes ewith nnter athe UnitedaStatesathatehavere are
over one hundred enclosed mall shopping centers
both pet shop and restaurants, including those owned
by M . Jerry
Council e. Att the
tlast
meeting after considering an amendment that we prop centers to
we check with other
municipalities
enforced in this enclosed
mannermalWeswropengo the Health
see why this ordinance
John
Departments in Houston, Dallas
Fort
CountyWorth.
Health Department.leHeereadoexcerpts
Graham, Chief Sanitarian for Tarrant
from the letter. (Letter attached
They Winstare ed snot ecovered d that h a by the 19621United
correspondence from the City of
States Act, but their ordinance is similar and they have a provision that n orimals
or fowl shall be allowed or kept in any room where food or drink is prep
stored, except seeing-eye dogs. He stated that his client heartily agrees with
proposed ordinance, but they feel that Number 3 is
restrictions one and two in' the
too restrictive to this type of business. They feel that tSikessSenterrandoJerry's
restraint. Mr. Winsted requested on behalf
his
be adoptedclients ,
with restrictions one
Perfect Pet Shop, that the ordinance presented
and two only, deleting Number 3.
ks
ey
ld
ect to
Alderman McAlister asked Mr. Winsted explainedinsted if he nthaththereuis anJ outside hdoor
g
an opening at the back door. Mr. who buy pets having to take them
in the plans , but they would object to people
through that door. He wants to be able to go back into the mall with the pet.
ed that he would like to offer
After a lengthy discussion, Alderman Prothro stat
an amendment to the proposed ordinance, that; Number 3 - The pet shop shall auroor
anialspchased
opening to the outside of t all an all through themdooraopening tolthehoutsidenof the
from the pet shop shall hemoved
mall; and, Number 4 - All animals shall be confined behind odor free barriers ; and,
Number 5 - The pet shop owner and owner of the mall are responsible for carrying
out the provisions of this dinHece.statedMr.
asWinsted
assenforcement that Nuthat is would
kind of
notbe agreeable with his clients.wide open. It leaves them with the burden as to the possibilityof a penality.
nse
Mr. Fox explained that we do not r license store operations
iolations, the onlyrecourse that ourehealthe
food handling firms. If there were
would be to pull 'Taalgreen's and Picadilly's food license. The
department would have
whole ordinance is related back to food. ivin a license to operate as
Alderman Prothro asked about the possibility of g g , stated
a pet shop, and if we have that authority. H. P. Hodge, City Attorney,
s
1176
Item 8a, cont'd.
that he didn't know why not under our police power to protect the health, safety
and welfare of the citizens. Mr. Fox stated that would be a different approach
from being included from the food service sanitation manual provisions, as this
recommended ordinance would modify that food service section.
Mr. William Berlin with Sikes Senter, stated that he thinks the intent of the
ordinance is to protect the people, but that he has seen no centers as he recalls,
where you could not put in a pet shop. He stated that he feels that we could benefit
from the experience from the people who have been doing it for 10 or 15 years. He knows
of no case, or where it has been indicated that a pet in a mall allowed some condi-
tion to exist that caused someone to become ill. The fears that we have don't seem
to be happening.
Dr. Charles M. Parker, Director Wichita Falls City-County Health Department,
stated that we have restaurants - about nine places in the mall. We contacted
several health departments in Texas that allowed pet shops in the malls. Only two
of the cities contacted have the same ordinance as Wichita Falls. However, they
said that they do not enforce it either in such places as shopping centers, depart-
ment stores, restaurants or malls. The fact that they don't enforce the ordinance
should not be a discredit to us. In 1964 there was a condition known as encephalitis
that happened in Houston because they weren't paying attention to their health. Two
years later, Dallas had one. Houston lost 75 or 80 people and Dallas lost 18 or 20.
lie only lost 1 or 2 because we had taken these precautions of knowing it could hap-
pen and took some preventive measures for it. We are not after the pet shop, we
are trying to protect these restaurants. The paper, on Monday before out last
council meeting, had an article of some hamsters that were raised down in Florida
that got through Maryland and were scattered all over the United States, in which
we had a big epidemic of saminilosis, an intestinal set up. Dr. Parker mentioned
statements from Mr. Graham's letter, one of which stated, "Pet shops in enclosed malls
should have large animal ingress-egress from the confinement area to the outside of
the physical complex for admissions to stock and removal after.'
MY ttry
to see that this pet shop did not allow the people to go into the malloint withltheopet.
Mr. Winsted requested the ordinance be passed with the Number 1 and 2 restric-
tions. Or, would like to withdraw our request and make a different approach.
Alderman McAlister moved to amend proposed Ordinance No. 2982 by eliminating
Number 3.
Motion seconded by Alderman Garcia.
After further discussion, Alderman McAlister withdrew his motion. He asked
Alderman Prothro to read Numbers 3, 4 and 5 that he had presented to the council.
Alderman McAlister moved that Ordinance No. 2982 be passed, eliminating the origi-
nal Number 3, substituting as follows : (3) The pet shop shall have a door opening to
the outside of the mall -and all animals and pets which have been purchased from the pet
shop shall be removed from the shop through that exit; (4) All animals shall be
confined behind effective odor free barriers."
Motion seconded by Alderman Prothro and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, and Prothro
Nays : None.
Alderman McAlister stated that the council has received two reports from the
" finance officer - progress reports on finances.
May 5, just before the last council meetingand We received the first report dated
we
this subsequent report on May 15. He asked if there pwas aanything it. ethat neededeto be
discussed.
Mayor Pro tem Boyd referred that to Alderman Prothro, who stated that he didn't
have anything to discuss today.
Ronnie Wood, Director of Finance, stated that the auditor will be back in the
office tomorrow and he will give the report at the next meeting.
Alderman Prothro stated that at the last council meeting he had requested that
the subject of an internal auditor be placed upon the agenda for this meeting and
it is not on the agenda. In the meantime, in regard to the publicity concerning
the responsibilities and duties of the City Clerk, I do not see that these responsi-
lities confined/our charter differ too greatly from our concept of the responsibili-
ties and function of an internal auditor. I do think that this is a serious problem
s 1177
for this council; one that we must face. We are addressing ourselves to it. We
are working on it, and I think that the full council should be present for any
future discussion or decisions. He requested that this be placed on the agenda
for the July meeting.
Alderman McAlister requested any background information on the swimming pool
that they could supply.
City Manager Gerald Fox reminded the council that the next meeting will be
June 10 at 8:30 A.M.
Ernest Lillard, Director of Public Works, stated that in 1973 the assessment
4r paving program, which consisted of some 40 blocks of paving in excess of $400,000,
has a time limit on it by our engineering staff of 240 working days. The time
i limit at this time is approximately 10 to 14 days. On May 1, there were 14 days
working time left, but delay has been because of rain and the time it takes to
dry out. They are approaching the end of it and have assured the engineer that
if he can get two weeks working time, he can complete the job. The 1974 program
had approximately 15 blocks and had 80 working days. The 1975 program was set up with
24 blocks and is allowed 50 working days. We have had some problems on at least
two programs in getting them to proceed as diligently as we would like. We are
investigating other alternatives to include, and we may have some recommendations
on future contracts as to methods in which we could force completion of a street,
once they start to work. We are considering setting time limits on a street.
When construction begins on a street, they would have a certain time period to
complete it. We feel that this is the approach to take and hopefully, this will
be better enforceable than the manner that we have now. Right now we have no real
authority. Let's say that he has 240 days and goes out into a certain street and
opens it up and walks off and leaves. We have no authority to enforce work on
that block until all of his time is gone.
Alderman Prothro asked how many blocks are in the program for this next year.
Mr. Lillard stated that we have 24 blocks in the 1975 program that we just approved.
Alderman Prothro asked if instead of putting a time limit on a particular block
or street, once construction has begun, would it be advisable to write separate
contracts for each of those blocks, and for the City to schedule the sequence of
the construction and place time limits within the contracts, and place penalities
if they fail to complete the construction? Mr. Lillard stated that this is the
approach that we are working on now. We already had the contract prepared when the
discussion arose over the time limit, so we didn't make any changes in this 1975
program. But we are, for the programs that are coming up, looking at this possi-
bility. We hesitate to tie down a very strict sequence because there are utility
problems that we run up against that we sometimes have to move onto other areas.
Alderman McAlister asked if these unforeseen situations could be handled within
the contract. Mr. Lillard stated that many times they are privately owned utilities,
owned by the utility companies and they have problems, also.
Alderman McAlister asked if he could take those kind of problems in with the
contract. Mr. Lillard stated that we do, and that this is one of the good reasons
for the blanket time is that we tell him, "You can't work on this one over here,
but you can go to work on the one over here, because there are no utilities in
the way there:' O n e o f t h e a r g u m ents for the blanket time is that we can
generally provide the contractor with a place to work. Right now we have limited
him to 10 blocks at any one time. We try to work with the contractor in any way we
can to assist him in progression of the contract as long as his desires are not
contrary to what we consider to be the good and use of the general public.
Alderman Prothro moved that the meeting be adjourned.
Motion seconded by Alderman Gowan, and carried unanimously.
The meeting adjourned at 11:30 o'clock A.M.
PASSED AND APPROVED this loth day of June, 1975. ,-----,
Y
ATTEST:
May®r`.. Piro' tem
i
City Clerk
n •� �,
r
•e�'�ovivr�;
.a a
•a
N GO' -
TAR.RANT COUNTY
HEALTH DEPARTMENT
1800 UNIVERSITY DRIVE
FORT WORTH.TEXAS 76107
May 13, 1975
R. Landon Winsted, Jr., Attorney
NELSON, MONTG%IERY and ROBERTSON
1020 Hamilton Building
Wichita Falls, Texas 76301
Subject: Public health significance of pet shops located in enclosed
mall shopping centers.
Reference: Your written inquiry of May 7, 1975, and telephone conver-
sation of May 12, 1975.
Dear Mr. Winsted:
This will acknowledge receipt of referenced letter and will restate the
substance of our recent telephone conversation.
' Your letter, which was addressed to the Fort Worth Health Department,
i was referred to this department for response as Fort Worth does not
currently have enclosed mall shopping centers within their territorial
• jurisdiction. The purview of this department encompasses the unincorpo-
rated areas of Tarrant County plus all incorporated areas with the
exclusions of the cities of Fort Worth and Arlington (35 cities, towns,
and villages).
Enforcement of environmental sanitation within our surveillance area is
generally based on the Sanitation and Health Proteqtion Law of 1945,
with amendments and all subsequent relevant code addendums by the State.
Some of our cities have adopted the 1962 U. S. H. E. W. Public Health
Service Food Sanitation Manual as a municipal ordinance (same as refer-
enced in your letter). This department has used the 1962 H. E. W. code
in all jurisdictive areas as a definitive reference for inspection and
has often used the relevant form # E-1 as a public educational tool
(see enclosure).
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING
HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
herein referred to as Grantor, whether one or more of_____Wichit3--------_-.County, Texas for and in consideration of the sum
of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, to us in hand paid by
TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant, bargain, sell and convey unto
said Electric Company an easement and right-of-way for the construction, reconstruction, maintenance,operation and removal of an
overhead and/or underground electrical line consisting of variable numbers of wires, and all necessary or desirable appurtenances
located overhead, underground or on the surface over, under, across and upon those certain lands described as:
Being described as a tract of land out of the J. A. Scott Survey 14 ,
Abstract 304 , Wichita County, Texas , and being more particularly described
in those certain deeds as recorded in Volume 256 , Page 215 , Volume 303 ,
Page 13, and Volume 562, Page 408 , Deed Records of Wichita County, Texas ,
to which reference is made for all purposes .
The centerline of the ten-foot wide easement herein granted is described
as per plat attached hereto and being a part hereof .
Grantor recognizes that the general course of said line, as above described is based upon preliminary surveys only, and hereby
agrees that the easement hereby granted shall apply to the actual location of said line when constructed.
Grantor agrees to inform all other parties having a right to construct underground facilities in said easement as to the existence
and location of any underground electric facilities constructed by Company hereunder.
Together with the right of ingress and egress along and upon said easement and right-of-way and over and across Grantor's
adjoining properties for the purpose of constructing,reconstructing, maintaining,operating or removing said line;the right to relocate
along the same general direction of said line; the right to relocate said line in the same relative position to any adjacent road if and as
such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire along said
line; the right to prevent excavation for a distance of 5 feet on each side of the actual center of said line; the right to prevent the
construction of, for a distance of 5 feet on each side of the actual center of said line,any and all buildings,structures or other obstruc-
tions which, in the sole judgment of Electric Company, may endanger or interfere with the efficiency, safety, and/or convenient
operation of said line and its appurtenances and the right to trim or cut down trees or shrubbery within but not limited to said 10
foot space, to the extent in the sole judgment of Electric Company, as may be necessary to prevent possible interference with the
operation of said line or to remove possible hazard thereto.
TO HAVE AND TO HOLD the above described easement and rights unto the said Electric Company,its successors and assigns,
forever.
And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above des-
cribed easement and rights unto the said Electric Company, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
WITNESS ------------------------------ hand(s) this -------------------- day of --------------------------------------------------- 19 -----------
Company Agent or THE CITY OF WICHITA FALLS A MUNICIPAL
- ------------------------- -'
Employee securing CORPORATION
easement:
---------------------------------------------------------------------------------------------------
By: Gerald Fox, City Manager
- ------------------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------------
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