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Min 09/02/1975 1224 Wichita Falls, Texas Memorial Auditorium Building September 2, 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: Max Kruger Mayor Hardy McAlister Guillermo Garcia X Bill E. Gowan X Joe N. Prothro Aldermen J. C. Boyd, Jr. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. Assistant City Manager Wilma J. Thomas Deputy City Clerk i Item 2 Moved by Alderwoman McCullough that minutes of the meeting held August 5, 1975, be approved. Motion seconded by Alderman Boyd, and carried unanimously. 1 ✓ Item 3 C (` The public hearing was opened on hazardous structures. ✓ Howard Wright, 2406 loth, requested a six month or one year extension of time because of his financial condition. Mr. McBee recommended a 90-day extension, stating that he believes six months would be unreasonable. He would look at it again after this 90-day period. The Board of Aldermen granted the extension rec- ommended by Mr. McBee. o� ORDINANCE NO. 3002 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 Boyd that Ordinance No. 3002 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. Item 4a Arthur Beyer, Chairman of the Bicentennial Commission, reported on the activities of that group. He pointed out that they had recommended the swimming pool. He stated that the responsibility for that decision is back to the elected officials of the City of Wichita Falls, and that he hopes for a motion to call an election for the people to decide. He mentioned the Senior Citizens Center, stating that there can be something for both the youth and older citizens. Mayor Kruger expressed appreciation to Mr. Beyer for the work he is doing. Item 9a Mayor Kruger called on Mrs. Thomas and Mr. Hodge for their recommendations concerning the sufficiency and legality of the petition presented in regard to the 1225 Item 9a, cont'd. swimming pool. Mrs. Thomas reported that there are sufficient numbers of signatures of qualified voters, and Mr. Hodge stated that it met the legal requirements. The Mayor then announced that the Council has decided to postpone any action for 30 days to give the committee time for re-evaluation concerning size, cost, location, etc. Roy Parish noted that all he wanted to know is what action the Council is going to take, and Mayor Kruger stated that any final action would be postponed for 30 days. Arthur Beyer stated that several people are coming later, and will appreicate being heard. Dr. David Borman stated that I have hesitated to speak with you until now be- cause I am obviously biased on this whole issue, having several children, all of them in school and all of them competitive swimmers ; however, the opposition to this pool project has become so strong that I feel now I must come forth and speak. By no means am I unappreciative for all the work that you men and women have done so far, and much talking and thinking and effort on everyone's part has already taken place and it is time consuming to follow you. Today, Mr. Parish has come to the council meeting to present his petition. This, as you know, is a professional referendum petition which, by law, demands either the repeal of the proposal by a vote of the city council, or for the Council to submit the measure to the voting public for a majority decision. I see a great danger lurking behind this petition which goes far beyond the question of whether or not to build a pool. No longer are we talking about water safety, physical education, sporting events and related subjects, we are now looking at a political issue; that is whether the city is to be run by its own representatives to municipal government or by outside pressure groups which heap adverse publicity on those issues which it disapproves, and affirma- tive publicity on those it favors. In this country everyone is entitled to their own opinion and freedom of speech, and this includes the individual as well as the news media. We should be careful, though, to look at the difference between free- dom of speech and organized propaganda. The newspaper made in this town is very , powerful tool to decide whether to print news fairly and objectively, or to print material which can masquerade as news , but serve to further their own interests. In my opinion, until these last few weeks the news reports and the previous six months have been shamefully biased and unfair towards this whole pool issue. Whole segments of favorable news about building the pool were left out of print, but repeated editorials and news stories against the pool have been present on almost a daily basis. The general tone of the paper has been one of pessimism, as though this negative thinking represents the public majority. With such biased reporting, the public itself soon thinks that the paper does represent their motive, and from my own survey this may be far from the truth. The people of Wichita Falls have elected you Aldermen as our representatives to city government because they felt all of you had a great desire and ability to work out practical decisions on all matters of city organization and management. The progress that Wichita Falls has made in the last five short years is significant, and I doubt that anyone can argue the point that Wichita Falls is moving ahead. The same qualities can be applied to those men who are serving on the school board, the park board, and bicentennial commission. With all of these people of exceptional leadership announcing that they are in favor of such a project, and believe it to be a sound idea, why then is it in such jeopardy? How can all of this affirma- tive thanking suddenly be wrong? The answer is that it is not wrong, but there has been a great deal of effort to make it appear that way. The constant barrage of editorial attacks on the city council and other governing bodies no doubt has given you all the impression that you are out on a limb and unless you change your mind it will surely be cut from the tree, and we believe that this whole situation has been misrepresented in the paper and that there is significant support still present for this project. I am certain that there is more support than you gentle- men believe, and probably more than we ourselves realize. The newspaper is apparently worried about this problem because they have made a tremendous effort to keep it suppressed. Why else would they have kept up the avalanche of criticism of the city council, the mayor, and the school board? Why else would headlines such as the one they had on August 18, Ole Swimming Hole Drying Up, and other journalistic wonders, appear night after night in our paper? Even the mayor's letter, which was printed in its entirety in one • edition, was split up and taken out of con- text in another. This represents to me a basic insecurity on the part of the paper. Perhaps they are worried that there might be more support for the project than they would really like to see. I see no other reason to explain the viciousness of the attacks ; and whatever the personal reasons of the editorial staff it seems to me it has gone far beyond the simple reporting of the news or even voicing the 1226 Item 9a, cont 'd. opinions of the editors in the paper. The issue now has become a sounding board for the personal opinions of a few men. Gentlemen, if this kind of editorial pressure can force all the people I have mentioned, that is the mayor, the city council, the school board, the superintendent of the school, the parks board, and the bicentennial commission to discard what they at one time felt was a good decision, then what's to prevent the same pressure from suppressing them again and again on all matter of subjects? I personally feel that the original decision was based on much thought by a competent segment of our own municipal governing body. Please do not shy away from what you know is a proper decision, by pressure from the only newspaper in our town. The opinion of the paper belongs to them, and it is not necessarily the opinion of the City. We would like an opportunity to present the other side of the issue, which until very recently has been impossible for us to do so. Today we have prepared the signatures of about 700 voters on our own petition which we would like to give to the Council. Now our petition is not an official petition for a referendum as is Mr. Parish's. This petition is simply a list of names to show you some of the people who feel that they would like to have a chance to vote on this subject after we have had an opportunity to present our side of the issue. Regardless of how the final electoral vote turns out, at least then we can thank you for your patience in listening to our side of the story, too. Now these matters have been building slowly in the last three months, and although I am not a politician I am a citizen of the community, and I want the officials to run it - not the news media. I am strongly in favor of a pool and many other members of this community are, also. Up until recently this group of people did not realize that we would have to fight for the preservation of the proposal of the city council. Now that we do, let us show you that we can support your decision and respectfully request that you do. not let the issue die in chambers. This is a democracy in action that Mr. Garcia requested at a previous council meeting when he demanded we take it to the people. Well, let's give Mr. Garcia his wish, but let's do so because of our own convictions, not those of the paper's or other pressure tactic. Otherwise, this problem will occur again and again every time an item of disagreement between the city government and the paper occurs. He stated that someone would be there later with the petitions. Item 10a Mayor Kruger read an opinion from City Attorney H. P. Hodge, in which he stated that he does not believe that an ordinance can be repealed in regard to a closed alley. Walter Friberg appeared representing Dan Rivkin in his dispute with Coca Cola Company. He stated that there was no agreement between Mr. White or Mr. Rivkin and Coca Cola Company regarding closing of the alley. The agreement was for the construction of the fence only. This letter was a contract between the parties. If the alley is closed , then Mr. Rivkin will be damaged substantially. He feels this matter should be taken back to the Planning Board. The ordinance should not have been passed, and since it was passed in error it should be repealed. Moved by Alderman Boyd that any action by the City Council be postponed until such time as the parties involved come to some kind of agreement or impasse that would require some kind of council action. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Prothro, Boyd, and McCullough Nays : None (Alderman Gowan was out of the room) . Item 4b Eddie Watson appeared for Texas Electric Service Company concerning a rate increase request. He stated that the Texas Electric rates in Wichita Falls are among the lowest in the state and nation. To keep them this way it is necessary to build more plants which will require more revenue. A rate increase is needed which will increase their revenue nine percent. Even with this increase our rates will still be among the lowest in the state and nation. They have several plants under construction. They are requesting approval of revised rates to be effective December 1, 1975, and to be applied to bills after January 1, 1976. The City Manager recommended that this matter be referred to the staff for review, analysis, 1227 Item 4b and recommendations within 60 days. Moved by Alderman McAlister that this matter be referred to the staff, as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. i Item 4c City Manager Gerald Fox commented on the request of Lone Star Gas Company for a rate increase. The question before the Council is should we pass on the wholesale cost of the gas, or should we request more detailed information on rev- enues , etc. in Wichita Falls? He suggested the adoption of an interim rate of 70 percent of what they asked for, and request that they present a more detailed rate structure in Wichita Falls. Buck St. John stated that they have filed a rate request of $1.0339 as provided by the Railroad Commission. In addition, 4 cents per Mcf would be added to recoup certain unrecovered costs in Wichita Falls. He mentioned a history of the rate structure in Wichita Falls. Another cost problem is capital funds. Personnel has been reduced to hold the line on expenses. Of course they require more of the employees which they retain. He noted that the purchased cost of gas now is 73 cents per Mcf. Three years ago it took a jump from 18 to 22 cents , and that was a big jump. He showed a chart on the purchased cost of gas from 1970-1975. All gas contracts for the last few years have escalating clauses. He stated that they will continue to be competitive. This request represents a minimum needed to obtain a reasonable return. A final rate of return of 8 percent is necessary in order to successfully carry on their business. $1 .0399 will provide this rate of return, with the addition of 4 cents per Mcf to recover unusual unrecovered expenses. This would generally increase bills by $3.40 per month. Alderman Boyd inquired as to the number of customers they have. Mr. St. John stated that they have 27,166 residential and 2,312 commercial customers. Alderman McAlister inquired if he would like to respond to the alternate proposal by Mr. Fox? Mr. St. John stated that although it would give them some relief, it is not equivalent to the city gate rate established by the Railroad Commission. It would be woefully short of their needs. Alderwoman McCullough inquired how long it would take their company to respond to the request in the alternate proposal. He thought that perhaps 30 days would be sufficient. He stated that he is only asking to recover those items which have been recognized. The City Manager stated that the four cents for unrecovered costs would not begin to accrue until a final rate determination is made. It is not connected with the interim rate proposal. .� ORDINANCE NO. 3003 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES ON NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS, WICHITA COUNTY, TEXAS AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. Moved by Alderwoman McCullough that Ordinance No. 3003 be passed, which is the interim rate proposal suggested by Mr. Fox. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. As soon as Lone Star Gas Company can furnish book values, then the Council desires to continue with a full rate request. d v } Item 5a j A proposed ordinance was presented amending the Mechanical Code. i ORDINANCE NO. 3004 ORDINANCE AMENDING SECTION 18-1/2-2 OF THE CODE OF ORDINANCES TO AMEND SECTION 502 OF THE MECHANICAL CODE, CONCERNING STANDARDS-DUCTS. 1228 Item 5a, cont'd. Moved by Alderman Prothro that Ordinance No. 3004 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. � � ✓ Item 5b A proposed ordinance was presented amending the ordinance pertaining to keep- ing of animals and fowls. / ORDINANCE NO. 3005 ORDINANCE AMENDING SECTION 62 OF ORDINANCE NO. 3000, WHICH REGULATES THE KEEPING OF ANIMALS AND FOWL, BY DELETING THE AUTHORITY TO SELL UNREDEEMED IMPOUNDED DOGS. Moved by Alderwoman McCullough that Ordinance No. 3005 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and .McCullough Nays : None. Alderman McAlister inquired what actions we are taking in regard to apprehension of stray animals. The City Manager explained that the animal control shelter operates with four people now. We are utilizing a manpower employee also. Alderman McAlister inquired if we could also provide equipment on a temporary basis. The City Manager stated that he has not been able to make the assumption that the equipment is not needed somewhere else. I Item 6a A proposed resolution was presented approving appraisals of property on Kell Freeway. i rf RESOLUTION NO. 1699 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by appraisers employed by the Texas State Highway Department and the amount of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION NO. 1. The project and properties to be purchased by Warranty Deed are as follows Kell Freeway - Project 52-380 Warranty Deed Lot 5, Block 2, John W. Thomas S/D Lot 3, Block w, John W. Thomas S/D Lot 2, Block 2, John W. Thomas S/D Lot 6, Block 1, John W. Thomas S/D 850 sq. ft. of Lot 5, Block 8, West Side Addition to Highland Addn. 3520 sq. ft. of Lot 91 Block 10, West Side Addn. to Highland Addn. 1038 sq. ft. of Lot 16 & 17, Block 9, West Side Addn. to Highland Addn. Part of Lots 1, 2, 3, 4 & 5, Block 11, West Side Addn. to Highland Addn. 1229 Item 6a, cont'd. 737 sq. ft. of Lot 9, Block F, Grainger & Ballow's Addition 4171 sq. ft. of Lot 13, Block 6, Boyd 's S/D Grainger Park 4317 sq. ft. 'Lot 14, Block 6, Boyd 's S/D Grainger Park 2210 sq. ft. of Lot 8, Block F, Grainger & Ballow's Addition 6145 sq. ft. of Lot 7 & 8, Block C, Grainger & Ballow's Addition 266 sq. ft. of Lot 9, Block C, Grainger & Ballow's Addition 1075 sq. ft. of Lots 4 & 5, Block E, Grainger & Ballow's Addition 7012 sq. ft. of Lots 14 & 15, Block E, Grainger & Ballow's Addition Combined total of values approved in this resolution ---------------$76,479.00 SECTION NO. 2. The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State High- way Department or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized prices to be paid for such tracts are State approved values as determined from appraisals made by real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3. In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Garcia that Resolution No. 1699 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and Boyd Nays : None (Alderwoman McCullough was out of the room) . Item 6b �.J A proposed resolution was presented authorizing the city manager to execute a deed for property on Kell Freeway project. i RESOLUTION NO. 1700 RESOLUTION AUTHORIZING CONVEYANCE TO STATE OF TEXAS OF CERTAIN TRACTS REQUIRED FOR KELL FREEWAY. WHEREAS, the City of Wichita Falls and the Texas Highway Department are cooperating 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 values of Thirty Two Thousand Two Hundred Twenty Five Dollars ($32,225.00) 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. 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 881, 882, 914, 915 & 936 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 of Thirty Two Thousand Two Hundred Twenty Five Dollars ($32,225.00) 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, 1230 Item 6b, cont'd. the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deeds shall contain a general warranty. Moved by Alderman Prothro that Resolution No. 1700 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, and Boyd Nays : None (Alderwoman McCullough was out of the room) . Item 6c A proposed resolution was presented accepting Texas Highway Department Minute £ � Order 70259 providing for Virginia Street improvements. RESOLUTION NO. 1701 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The provisions of Minute Order Number 70259 passed by the State Highway and Public Transportation Commission on August 1, 1975, a copy of which is attached hereto and made a part hereof, providing for the reconstruction and channelization of Virginia Street (Loop 473) from U.S. Highway 287 to East Scott Street, are accept- able to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the State Department of Highways and Public Transportation and fulfill the obligations stipulated in said Minute Order as responsibilities of the City. BE IT FURTHER RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager of the City of Wichita Falls is hereby authorized to execute any necessary agreements with the State covering the details of the proposed improvements. Moved by Alderman Boyd that Resolution No. 1701 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. Y ` Item 6d 1 A proposed resolution was presented granting a lease and easements to Wichita ^ Valley Water Supply Corporation at Lake Kickapoo. RESOLUTION NO. 1702 RESOLUTION APPROVING LEASE AND EASEMENT TO WICHITA VALLEY WATER SUPPLY CORPORA- TION FOR WATER TREATMENT AND DISTRIBUTION FACILITIES AT LAKE KICKAP00. WHEREAS; the City heretofore approved a water purchase contract with Wichita Valley Water Supply Corporation for the purchase of raw water from Lake Arrowhead, and such Corporation also proposes to construct certain water distribution lines to serve customers located around Lake Kickapoo; and, WHEREAS, in order to construct this project, such corporation has requested a lease agreement from the City for the purpose of constructing water treatment facilities, and an easement from the City for the purpose of constructing distribution lines . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: SECTION 1. The City Manager is authorized to execute for the- City of Wichita Falls to such Corporation a lease for the treatment plant on the 0.83 acre tract shown on Exhibit A, and for the raw water pump station on the 0.05 acre tract shown on Exhibit A; such lease shall be for a term of forty years, shall provide for 1231 Item 6d, cont'd. rental in the sum of $150.00 per year, shall provide for one free tap for the house owned by the City at Lake Kickapoo, shall provide that such Corporation hold the City harmless from all damages, and that such Corporation shall take precautions to protect the dam. SECTION 2. The City Manager is authorized to execute for the City of Wichita Falls to such Corporation an easement for water distribution lines across Blocks 111 and 112, ATNC Subdivision; J. M. Taylor Survey No. 2B; Blocks 154, 176 and 177, Robert Carson Survey; B. H. Mordecia Survey, A-290; William Horritz Survey, A-646; D. L. & C. Co. Survey, A-1093; and M. L. Swing Survey, A-448. Moved by Alderman McAlister that Resolution No. 1702 be passed. Motion seconded by Alderwoman McCullough, and carried. by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. J }; Item 6e (. Renewal of the vending machine and coffee shop contract was discussed. A motion was made and seconded to authorize a two-year renewal of the contract with W & W Vending Company. Alderman Boyd inquired why bids were not being:asked for. Ben Shelton stated that we only have two full line vending companies in the City which are able to bid on this basis, and that we have had .satisfactory relations with W & W, and that our commission receipts have been good. Alderman McAlister asked if we deviate on this item from the standard practice, how do we draw the line in other areas? A substitute motion was moved by Alderman Boyd that bids be taken on the vending machine and coffee shop operations. Motion seconded by Alderman Gowan, and carried unanimously. The previous motion was withdrawn. It was agreed that the present operator be given a 30-day extension to that contract. Item 6f A proposed resolution was presented accepting Texas Highway Department Minute Order 70260, and authorizing the City Manager to execute any agreements necessary for these traffic signal improvements at Maplewood and Southwest Parkway, and Midwestern Parkway. `RESOLUTION NO. 1703 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The provisions of Minute Order No. 70260 passed by the State Highway and Public Transportation Commission on August 1, 1975, .a copy of which is attached here- to and made a part hereof, providing for signalization improvements at the inter- sections of Maplewood Avenue with Farm to Market Road 369 and with Midwestern Park- way, are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the State Department of Highways and Public Transportation and fulfill the obligations stipulated in said Minute Order as responsibilities of the City. BE IT FURTHER. RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager of the City of Wichita Falls is hereby authorized to execute any necessary agreements with the State covering the details of the proposed improvements. Moved by Alderman Prothro that Resolution No. 1703 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. I 1232 Item 6g / A proposed resolution was presented approving the agreement for the revision and relocation of traffic signals at 15th and Holliday. ` RESOLUTION NO. 1704 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR COOPERATION BETWEEN THE STATE AND CITY IN THE RELOCATION AND REVISION TO THE TRAFFIC SIGNALS LOCATED AT THE INTERSECTION OF 15TH STREET AND HOLLIDAY STREET. WHEREAS, the State of Texas, acting through the State Department of Highways and Public Transportation, hereinafter called the "State", and the City of Wichita Falls, hereinafter called "City", mutually desire to cooperate in the relocation and revision to the traffic signals located at the intersection of 15th Street and Holliday Street (U.S. 287 Dispersal Street Southbound) as shown on EXHIBIT I, PLAN, attached hereto; and, WHEREAS, the changes to the signalization of this intersection are made necessary by the construction of the Kell Expressway (U.S. 277) North Frontage Road, part of Federal-Aid Project U 432 (14) ; and, WHEREAS, the State has submitted an agreement calling for the cooperation of the State and City in relocating and revising these traffic signals located at the intersection, a copy of which is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The City Manager is hereby authorized to execute the agreement with the State to cooperate in the relocation and revision of the traffic signals located at the intersection of 15th Street and Holliday Street. Moved by Alderman McAlister that Resolution No. 1704 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. ` Item 6h ' Renewal of workmen's compensation contract with ESIS, Inc. was presented. Alderwoman McCullough inquired how many claims had been filed during the first year of operation? City Manager Gerald Fox explained that there were in excess of 300, or between 25 and 30 per month. He believes that this number can be administratively reduced to about 200. RESOLUTION NO. 1705 RESOLUTION APPROVING CONTRACT WITH ESIS , INC. FOR PERFORMANCE OF CERTAIN ADMINISTRATIVE SERVICES IN THE CITY'S WORKMEN'S COMPENSATION SELF- INSURANCE PROGRAM. 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 Wichita Falls and ESIS, Inc. , effective September 1, 1975, whereby ESIS, Inc. shall provide to the City certain administrative services in the operation of the City's Workmen's Compensation Self-Insurance Program, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Prothro that Resolution No. 1705 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. Alderman Boyd stated that he feels we should perhaps give some thought to an insurance committee to study these matters. 1233 Y Item 6i c t� A proposed resolution was presented authorizing return of Coyote Stadium to Wichita Falls Public Schools, ✓ RESOLUTION NO,, 1706 RESOLUTION AUTHORIZING RECONVEYANCE OF COYOTE STADIUM BACK TO THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT. WHEREAS, under date of January 12, 1970, Wichita Falls Independent School District executed a deed conveying Coyote Stadium to the City of Wichita Falls, which deed is recorded in Volume 1074, Page 450, Wichita County Deed, Records, refer- ence to which is here made for a complete description of the land conveyed. On the same date, the School District and the City entered into an agreement concerning such property, including the responsibility of, the City to maintain such property, the right of the School District to use such property, limitations and restrictions on the use to be made of the property and the City's right to convey the same, and provision for reversion of title to the School District in the event of violation of the restrictions; and, . WHEREAS, it is found that such facility no longer serves a useful purpose for the City, and that the maintenance and operation thereof have been a constant drain on manpower and finances of the City, and that it would be in the best inter- est of the City to reconvey, such facility to the Wichita Falls Independent School District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The City Manager is hereby authorized to execute a special warranty deed, without further consideration, conveying to the Wichita Falls Independent School District all of that certain property described in the deed dated January 12, 1970, recorded in Volume 1074, Page 450, Wichita County Deed Records. Moved by Alderman McAlister that Resolution No. 1706 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro Boyd, and McCullough Nays : None. Item 6j A proposed resolution was presented authorizing the City Manager to execute a contract with Wichita Falls Ballet Theatre, Inc. for two bicentennial performances. r RESOLUTION NO. 1707 RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS BALLET THEATER, INC. 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 Wichita Falls, acting for the Wichita Falls Bicentennial Commission, and Wichita Falls Ballet Theater, Inc. , providing for performances of a ballet and symphony to commemorate the American Revolution Bicentennial Year, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Garcia that Resolution No. 1707 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and. McCullough Nays : None. Item 6k ✓ A proposed resolution was presented authorizing the City Manager to execute an agreement with Wichita Falls Museum and Art Center for financial support. I 1234 Item 6k, cont'd. ✓ RESOLUTION NO. 1708 r RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS MUSEUM AND ART CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Wichita Falls Museum and Art Center, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman_Boyd that Resolution No. 1708 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. E Item 61 A proposed resolution was presented authorizing final payment for improvements to Municipal Airport, ,Phase I. J ✓ �� RESOLUTION NO. 1709 j RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING IMPROVEMENTS AT THE WICHITA FALLS MUNICIPAL AIRPORT, PHASE I. WHEREAS, the City of Wichita Falls and Interstate Paving Corporation entered into a contract dated May 30, 1974, wherein said contractor agreed to construct certain improvements at the Wichita Falls Municipal Airport; and WHEREAS, said improvements have been completed in accordance with plans and specifications and as determined by the City Engineer, and WHEREAS, the final estimate has been submitted on this project, which final estimate shown a total amount of work done as 440.12 of which $98,996.11 has been. paid to the contractor, leaving a balance o $1,,444.01. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS : The improvements at said Wichita Falls Municipal Airport are accepted by the City of Wichita Falls, the final estimate is approved, and the City Manager is directed to pay the said contractor the amount due as shown on such estimate. Moved by Alderman McAlister that Resolution No. 1709 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. r j Item 6m A proposed resolution was presented authorizing the City Manager to execute traffic safety grant applications. Bob Draper, Traffic Safety Coordinator, explained that this request is for grants for a traffic violators school, and for a drive license counseling program. ° RESOLUTION NO. 1710 RESOLUTION AUTHORIZING APPLICATIONS FOR HIGHWAY SAFETY PROJECT GRANTS FOR TRAFFIC VIOLATOR'S SCHOOL AND DRIVER'S LICENSE COUNSELING PROGRAM. WHEREAS , it is deemed advisable for the City of Wichita Falls to establish a Traffic Violator's School and a Driver's License Counseling Service, in order to improve traffic safety within the City; and, 1235 Item 6m, cont'd. WHEREAS , grants are available from the Governor's Office of Traffic Safety. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The City Manager is hereby authorized to execute applications for highway safety project grants for the Driver's License Counseling Program for the project period from October 1, 1975 to April 1 , 1977. The City Manager is further hereby authorized to execute applications for highway safety project grants for Traffic Violators School for the project period from October 1, 1975 to April 1, 1977. The City Manager is hereby further authorized to execute applications for highway safety grants for the above noted programs which may extend beyond the project period dates as previously indicated. Moved by Alderman Prothro that Resolution No. 1710 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. r Item 7a A proposed resolution was presented awarding contracts on demolition of hazard- ous structures to C. E. Davis, Denver Hawkins, and Stuckey Construction Company in ✓ a total amount of $5,045.00. ^ � RESOLUTION NO. 1711 RESOLUTION AWARDING CONTRACT TO C. E. DAVIS, DENVER' HAWKINS , AND STUCKEY CONSTRUCTION COMPANY FOR THE DEMOLITION OF HAZARDOUS BUILDINGS, AND THE CLEARING AND CLEANING OF LOTS. WHEREAS, the City of Wichita Falls has advertised for bids for the demolition of certain hazardous buildings and the clearing and cleaning of lots at various locations in the City; and, WHEREAS, bids were received and the bid of C. E. Davis was the low bid submitted on seven (7) items in the amount of $1997.00; the bid of Denver Hawkins was the low bid received on one (1) item in the amount of $598.00; and the bid of Stuckey Construction Company, in the amount of $2,450.00 was the low bid received on one (1) item, and the bids are found to be reasonable and favorable bids. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: Said bids of C. E. Davis, in the amount of $1997.00, Denver Hawkins, in the amount of $598.00, and Stuckey Construction Company, in the amount of $2,450.00 are hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls contracts for the demolition of such hazardous buildings and the clearing and cleaning of such lots. Moved by Alderman McAlister that Resolution No. 1711 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough Nays : None. Item 8 ! y- { Moved by Alderman Boyd that minutes of the meetings of the following boards and commissions be received: -� a. Board of Electrical Examiners - July 8, 1975 b. Plumbing Advisory Board - August 6, 1975 C. Planning Board - August 13, 1975 d. Bicentennial Commission - August 14, 1975 e. Traffic Commission - August 12, 1975 1236 Item 8, cont'd. Motion seconded by Alderwoman McCullough, and carried- unanimously. y ✓ Alderman McAlister made some inquiries of Ed Ilschner pertaining to proposed tandem parking in the downtown area, and also parking at Martin Plaza. Mr. Ilschner stated that it would be brought before the Council at a later date. The Mayor noted that Leon Flake has resigned from the Traffic Commission effective August 22. Ken Hines requested clarification on parking conditions at Martin Plaza. It was pointed out that it is still in the planning stage. Alderwoman McCullough felt that the third alternative should be considered. Alderman Garcia noted that it seemed that it is the drinking habits in the parks involved as opposed to parking problems. He suggested that perhaps drinking in city parks not be allowed. Alderman Boyd stated that some calls which he has had indicated that it will i add to the problem rather than help it. More enforcement is needed of our ordinances regarding double parking. Alderman Prothro noted that 10-hour parking meters are not feasible on Ohio j Street. He feels that we should remove the heads from the meters and let people park free on Ohio. There is very little parking on that street. Ed Ilschner ex- plained that we are talking about employee parking on meters near business establish- ments where they work. It was hoped that 1'0-hour meters would encourage employee parking on Ohio Street. Alderman Prothro requested that the meter heads on Ohio be removed. Mr. Ilschner felt that the meters should be left directly in front of businesses. Alderman McAlister requested that the recommendations of the Traffic Commission be furnished also in regard to the testimony presented at an earlier date in this matter, and that those who object be given an opportunity to appear. Mr. Ilschner stated that he feels merchants should encourage their employees to use this parking. i Item 9a Ken Hines appeared as a proponent of the swimming pool, stating that it is a good progressive move for Wichita Falls. Other cities of comparable and smaller size have pools. This would enable us to teach every school age child in Wichita Falls to swim. He stated that he is not talking about competitive swimming, but survival. First, we should decide whether it is good for Wichita Falls , and second, we should decide where the pool is to be built. Mrs. Mary Parham, 1500 Grandview West, stated that she is not against the pool, but residents in her area have some problems in which they need help. She gave Mayor Kruger a newspaper article to read. Dr. Borman presented his petition to Mrs. Thomas. 1 _ ✓ Item 9b The following appointments were made to the Bicentennial Commission: Mrs. Barbara Brock, Mrs. Charles Russell, Mrs. Stella Wooten, Mrs. Kathy Love, Mr. Skipper Brown, Mr. Larry Francell, Mr. Tom Isbell, and Mr. Robert Puckett. Moved by Alderman Prothro that the above named people be appointed to the Bicentennial Commission. Motion seconded by Alderman McAlister, and carried unanimously. i Item 9c A request for disannexation by Jack and Chris Helmcamp was presented. There was no one in the audience to be heard on this matter. City Attorney H. P. Hodge, Jr. stated that he had notified Ray Farabee's office that this matter would be considered. It was suggested that the parties involved also be notified. 1237 Item 9c, cont'd. Moved by Alderman Boyd that action be postponed on this matter. Motion seconded by Alderman Prothro, and carried unanimously. Item 9d Consideration was given to the following recommendations from the IMIS Evalua- tion Committee: 1. The Data Processing System should retain its utilization of an Integrated Data Base. 2. The Tax, Finance and Law Enforcement System applications should be completed, but no new applications should be attempted until the system has proven its reliability with these and other presently existing applications. 3. The organizational structure of the Data Processing Department should be revised to provide for better qualified and higher salaried employees on a long-term basis. This is not intended to mean only increased salaries for existing employees, but requires a redefinition of depart- ment personnel responsibilities with appropriate compensation for employees performing creative and demanding functions. 4. The review of all teleprocessing functions of the system by department personnel to determine if these functions can be reduced so that on-line utilization of the computer hardware can be decreased. 5. That between October of 1976 and April of 1977 the Board of Aldermen require the submission to it by the City Manager and his staff a com- prehensive study of the operation of the City's Data Processing Depart- ment and the IMIS. Using this study as a beginning point, the Board of Aldermen should at that time determine: the efficiency of the system; its past and projected operating costs; and the scope of future operations of the Data Processing Department. Moved by Alderman McAlister that we accept the recommendations of the IMIS Committee and the implementation the staff has already made, and that a report by the staff and committee be submitted to the Council by July 1, 1977. Motion seconded by Alderman Gowan, and carried unanimously. Item 9e r Approval was requested of Supplemental Agreement No. 1 on the downtown rail- road relocation. This will allow a change in material, and amend the working days from 270 days to 220 days. Moved by Alderman Boyd that the City Manager be authorized to execute the supplemental agreement with Timmins-Anderson Corporation. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 10a r Mayor Kruger noted that the Coca Cola representatives are here, and informed 1 them that the Council had decided to postpone any action until they are notified that there is an impasse between the parties involved. Mr. Tate stated that in his judgment there is an impasse, and they feel some action should be taken. Alderman Prothro stated that he would like to see copies of the documents where the alley was closed in 1967, and also of Mr. White's statement. Alderman Prothro stated that he would like to clarify the order of appearing on the council agenda. He would like to schedule first all those persons who would like to appear. The Council agreed to this. Alderman Boyd inquired if the news media could receive a copy of the agenda early enough to write stories ahead of time on what is coming up at the next 1238 council meeting? The City Attorney knew of no legal reason why they could not i obtain them. The City Manager stated that they could get them on Monday or possibly Friday. 1 j` Alderman McAlister mentioned a hit-and-run at Berkley and Martin Streets. He requested Ed Ilschner to supply the Council with information on a four-way stop traffic device, and refer it to the Traffic Commission for their. study. Alderman McAlister also mentioned trash service at Sikes Senter. The staff ln . is addressing this matter. He also mentioned Holliday Creek channel dumping. Alderman Garcia inquired about a traffic control for children crossing the street at McNiel and Call Field Road. Ed Ilschner stated that there is a traffic , light at this intersection. They could possibly relocate the Rider crossing guard, but they cannot add another to the staff. The City Manager pointed out that a crossing guard was stationed at Rider because of the elementary school nearby. r � Alderman Garcia suggested that no parking signs be installed on both sides of 4 the street in the 800 and 900 blocks of Holmes Street. This matter will be investigated. i Alderman Boyd asked Mrs . Thomas to clarify how copies of the referendum petition may be obtained, or whether it can be seen in the City Clerk's Office? Mrs. Thomas explained that any citizen may see it in that office, and that copies may be obtained for a fee. r The Mayor announced that an executive session would be held right after this meeting. The City Attorney clarified that the meeting would be held to discuss litigation with him. The Board of Aldermen adjourned at 12 :15 P.M. PASSED AND APPROVED this AK�day of , 1975. yor Pro tem ATTEST: Deputy C ty Clerk CONTRACT � ALA MEN BY THESE PRESENTS KNOW STATE OF TEXAS day of COUNTY OF WICHITA § to this ade and entered in J-- the City of Wichita Falls This agreement , ' m between City ' acting 1975► by and called hereinafter fter Called a1 corporation► hereinafter Texasr a municip tennial Commission► Bicen Inc. � hereinaz'=�:r for the Wichita Falls Wichita Falls Ballet Theater , Commission► and called Ballet Theater, WITNESSETHt Falls Board of ch 41 1975, the Wichita Wichita Falls Bicentennial EREAS ► on Mar W from the to roved a request 2, 500. 00) en app nd five hundred dollars ($ Aldermen in cele- thousa and ballet two Commission for Symphony roducing aand, support the project of P Bicentennial Year; . n of the United States t10T1 Bicentennial Commission bratyO Revolu five the American f two thousand WHEREAS ►approved a grant in the amount ° of Texas has en to the Wichita Falls Bi_ undyed dollars ($2 ►500. 00) to be giv Americanh assist it in celebrating the to centennial Commission shall Year and, that Ballet Theater Bicentennial hereto desire symphony the parties and symp WHEREAS ► erformances of a ballet agency for p Year act as producing Bicentennial cov- erican Revolution the mu tu�il to, commemorate the or and in consideration of THERE f parties hereto do hereby agree, as FORE► NOW► herein contained,, the enants agency in �,rovid- followst shall act as producing an sha 1. Ballet Theater in Wichita Falls of two public performances Revolution ing not than et commemorating the American . less y,ony and ball original symp 19 7 6. Year during calendar year keeping accurate shall be responsible for °f all funds Bicentennial 2• Ballet Theaterexpenditure i the receipt and exp Theater books noting books kept by Ballet accounting The accounting any contract. auditing by under this for inspection and on this project shall be open insPe cty°n request their C ytY wY,o stall t ith PtY1er Comn`yssion °r ° subcontracyn� the per meTnber of sYlall be free es in ProVyd or auditin�3•alle Theater equyred servyc t on the 3• B ns to obtain r ballet, d be a defaul should organyzatyo symphony and t there sY'Oul t ox syn`PY'Ony Ballet s of tY,a ballet of fpzmanoe Zn the event ante °f the b the liability a re fund of 4. form 'i 6 � to ct and no per leaaar year 19 1 be limited sion under contra thin Cale a you sylal and Cova take place wy and Commyss ater by CytY services Theater 'r° Cyty to Ballet The eater for the '000.001 d t h 5 the °Hies Pay to Balle T nd dollars �$ fyv� bun- ' ys contract' . sion shall pay f f iVe thousa o thousand ure of th 5. Coy full sum ° event of tw s � exPendyt ed above the he first I sharing fund lderme'a ofi deScr�.b . ncrements• T 0� of Revenue lls Board of A. s agxeemeX�t. 0.00 in tw° y ars �$2 '500.0 he Wichita -F ecution of thy dollars l$2 ,50 syo 1 t dreg dol aPpr°Ved by e paid uP°n ex five Y,undred tennial CQ�ys ych was hall b ousand Bycen axe re- wh ch 4 ' ent of two tY' an Revoluti°n said monies nt thi Mar. d incr em der yc ter when the ev c The sewn es from theto Ballet Thea o `yssyon• Zn nyal of grant Tao-al be paid ntennial C yoz' Bicenten yal COTO of Texas shall ' to Falls Byte exycan Revolut all Bycentenn w° the eyved by Wichi s fr°m the � the Wichita Fa void and the t eate c he rant monye t received by be null and d to Ballet Th t Texas are no contract shall already Pay Of then this rs `$2r500 ,001 yssyon• expenses from sione hundred dolla yn full to Comm ex and above to the txeas, fyV 11 be refunded its received ° bony shall q° aim to share sha 6• Any Px°f ballet and sYmP 11 have no cl ucty°n of the b Commiggion sha ve Gauged Prod Theater and ties beret° ha aY of BalletId, profits• Ejk CF F the Par the of sa I� WITWgsS WK ned and dated ement to be sy� air e 19�5• - 2 HITA FALLS ► TEAS CITY OF WIC C itY Manager BY , Gerald C• Fox► ATTEST ITY CI'ERK C LLS BALLET THEATER► INC. WICHITA FA BI ATTEST l 3 U 432 (14) Control 156-4-38 U.S. Highway 277 Wichita County STATE OF TEXAS COUNTY OF WICHITA This AGREEMENT, made this day of , 1975, by"and between the State of Texas, acting through the State Department of Highways and Public Transportation, hereinafter called the "State" , Party of the First Part, and the City of Wichita Falls, Wichita County, Texas, acting by and through its duly authorized officers under a Resolution passed the day of 1975, hereinafter called the "City" , Party of the Second Part: WITNESSETH : WHEREAS, the State and the City wish to cooperate in the relocation and revisions to the traffic signals located at the intersection of 15th Street and Holliday Street (U.S. 287 Dispersal Street Southbound) as shown on EXHIBIT I , PLAN, attached hereto and made a part hereof. The changes to the signalization of this intersection are made necessary by the con- struction of the Kell Expressway (U.S. 277) North Frontage Road, part of Federal-Aid Project U 432 (14) . A G R E E M E N T NOW, therefore, in consideration of the premises and of 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 : 1 . The City and the State hereby consent to the relocation and revisions to the traffic signals at the intersection as shown in EXHIBIT I . 2. The State will reimburse the City for the cost of all equipment and materials shown in the Bill of Materials on EXHIBIT I . Reimbursement to the City will be made upon receipt of properly certified Form 132. 3. The City will furnish all labor, equipment and incidentals required to complete the work of relocating and revising the signals as shown in the Plan at no cost to the State. 4. The City will purchase all items of equipment and materials indicated in Section 2 on competitive bids from at least two competent and reputable suppliers except for those items, which they normally carry in stock. The use of City stock items will be satisfactory and the State will reimburse the City for the cost of such items provided the invoices for these items can be furnished. All equipment and materials shall be new and unused items. 5. Prior to final payment an audit of the records supporting the cost claim may be made. These records must be made available to authorized representatives of the State and to any other agency involved in the funding of this project during the normal working day. All records relating to this project must be maintained by the City for three years after receipt of final payment from the State. 6. The State shall make suitable, frequent, and complete inspections of all materials , equipment and the work of the installation to determine that they meet all applicable requirements of the Plan and to ensure the installation will be in suitable condition for operation and maintenance by the City after its completion. 7. The City will operate and maintain the traffic signals upon completion of the installation and will be responsible for all cost incident thereto. 8. The City will return any and all parts of the equipment and materials in the signals covered by this Agreement to the State should they be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State. 9. In the event the terms of this Agreement are in conflict with the provisions of any existing Agreements and/or Contracts between the City and the State, this Agreement shall take precedence over the existing Agreements and/or Contracts . - 2 - ICJ TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: CITY OF WICHITA FALLS By City Clerk City Manager THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders , established policies, or work programs heretofore approved and authorized by the State Highway Commission under Minute Order No. 70104 By APPROVED AS TO FORM: Engineer-Director RECOMMENDED FOR APPROVAL: General Attorney for the City District Engineer Chief Engineer of Maintenance Operations Chief Engineer of Highway Design Director, Finance 13 14IN J.S V4 f7l w w CL qj a ra 141)-,1 (\j IU cr, k ca �b 1 11 z < R C', �j w tv, < ku X w ku w ©. lL U- o- L4 tQ zz 7 to -15 ia, LQ tu Q w kI c>� ! u w z iv, kj 13381S CC U- cr A f X Lli w X: 0 z -�>:i F -�� , (Z) cr :D 0 — w z �q gyp` ` � q ! i IZ lie (ziQ >k, lz� . "4 kz� co , c (Zi 4 ol rIV) 7 cQ Z 0, cu CM < o v D w LO 0 cl IV O 06 x > 0 7Ej CA x -C 71 > c "IC :5E i T gr t: 31t3:0`B n' o A_q'fK.I w`T 0-7 IiGHWAY :,LA_'f 1C 'f R._k S.:'G TA.Y` ON W ICHITA RR • - - - -------- ----County MINUTE . O 1`��� PxRc � of 1. PaQeR I lr.Inrl Nn. 3 WP.EREAS, in WIC.�i ITA CC�.T*�TTY�, the City of Wichita Palls has requested assistance in signalization on Fare to IDarL--t Road 369 and Midwestern Park-day at intersections with Maplewood Avenue; and r WHERE—kS, Farm to Market Road 369 and Midwestern Parkway are included in the Urban System; and i WILFREAS, it is the desire of the State Depar b-ent of Highways and Public Transpor- tation to assist the City of Wichita Falls in such work; t[ IMW, TdEREFG'.>,E, the Engineer-Director is directed to tender the following propasal I to the City of Wichita Falls: Provided the City will: 1. Maintain and operate the installations upon co--pietion in a manner satis- factory to the Departc-ant. 2. Adopt and enforce such ordinances and regulations as ma-y be necessary for proper operation of the installations. Subject to the availability of Federal-aid Urban System Funds and the eligibility of the proposed work for financing with said funds, the State Eepartment of Highways and Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide for installation of Traffic Signals at an estimated cost of $62,000 as authorized in the 1975-1976 Urban System Program. Upvu d.;ceptance of the provisions of this Order by the appropriate officials of the City of Wichita Falls, the Engineer-Director is directed to enter into any necessary agreements with the City covering the details of the proposed improvements, to pro- ceed with the engineering develop=ent of the project and with construction as auth- orized herein in the most feasible and economical tamer. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hcreofi the action herein contained shall be automatically cancelled. Submitted by. f[xamined and recommended by: (Title) Approved tiC � Program Engineer �• EA&WIV!r•D{ a09 •; Sta{e.S�itfi�e•rs�5�i"e'�{:i Ea�incu•Du+nar Approved: 70260 ('ummi inner N inute Number__-_____ ---------------._ --- -- _ _-_ 1 - Canmiy,irFier Datc P:wed AU't C 1 75 Ce,m:ni>.ioner 1 Tf xac Mitt Wav non%11tm Pllt 1 Y, Form 310.1 u ,. rr'��'1"7i•'-T..... V� �l� t "R. "t r� MINUTE ORDER i.; Page--------- 1—of — Page- --------—------------ County 1 District No. 3 - ------ 1 WHEREAS, In WICHITA COUNTY, the City of Wichita Falls has requested assistance in recon- .5 structi.on and channeliaation on Virginia Street (Loop 473) from U. S. Highway 287 to East Scott Street, a distance of approximately 0.9 mile; and WHEREAS, Virginia Street (Loop 473) is included in the Urban System; and ,A WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Wichita Falls in such work; NOW, THEREFORE, the Engineer-Director is directed to tender the following proposal to the City of Wichita Falls: Provided the City will: 1. Provide for the adjustment of utilities, the construction of continuous curb and ' gutter, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, prohibit parking and prevent encroachment on the.right of way, all in accordance with governing poli- cies and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Departr:,ent of Highways and Public Transportation will: 1. Prepare construction plans and specifications. J' t u� t� . a M*'DEFARTMFNT OF 1.iLunWAYS _..AD PULUC 'nIAN5 ORT"10N WICgIZA <:o„niv MINUTE ORDER page �,t 2 Pages ti —---- I)iatrict No.__. 2. Provide for reconstruction of Grading, Structures and Surfacing and C;hanneliza- tion at an estimated cost of $415,000 as authorized in the 1975-1976 Urban System Program.- 3. Maintain that portion of the work which is its responsibility in accgrdance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropriate officialq of the City a of Wichita Falls, the Engineer-Director is directed to enter into any neces4ary agreements with the City covering the details of the proposed improvements, to proceed with the en- gineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasible and economical man- ner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desire& the State to include its portion of the work in the State's construction contract, the Engineer-Director is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein contained shall be automati- cally cancelled. i Submitted by: Examined and recommended by: --(Ticte) Program Engineer Approved �p Approved: ' Eo�incrc-Dieoaw 70259 Commissioner Minute Number .__. Commissioner Date Passed AUG 1 75 —Commissioner ':y