Min 12/15/1970 315
Wichita Falls, Texas
Memorial Auditorium Building
December 15, 1970
Items 1 & 2
i
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
session on the above date in the Council Room of the Memorial Auditorium Building
at 10:00 o'clock A.M. , with the following memebers present:
Kenneth Hill Mayor
Don Wills
Larry Lambert X
Dick Darner X Aldermen
J. C. Boyd, Jr. X
Bill Drake
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Harrison E. Taylor Absent
The invocation was given by Alderman Darner.
Visitors were welcomed by the Mayor.
Item 3
Moved by Alderman Wills that minutes of the meeting held December 1, 1970,
be approved.
Motion seconded by Alderman Darner, and carried unanimously.
Item 4a
A proposed resolution was presented authorizing proposals to property owners
on North Beverly project.
RESOLUTION NO. 1131
WHEREAS, it is necessary to acquire the property hereinafter described for
construction of the listed projects in the 1967 Capital Improvements Program, and,
WHEREAS, such property has been appraised by independent appraisers employed
for this purpose by the Texas State Highway Department, and the amount of the state
approved value, as determined from the appraisals, has been studied by the Board
of Aldermen, and a copy is now in the possession of the Director of Public Works
and/or Assistant City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION NO. 1 The projects and properties to be purchased by Warranty Deed
or by Quit Claim Deed are as follows :
North Beverly - Project 52-072
Property
(Warranty Deed)
0.5602 acre tract of land in the David Welch Survey Abstract 324, Vol. 1004,
Page 483, Deed Records, Wichita County, Texas
(Quit Claim Deed)
0.1083 acre tract of land in the David Welch Survey Abstract 324, Vol. 859,
Page 338, Deed Records, Wichita County, Texas
316
Item 4a, Cont'd.
6.9689 acre tract of land and a 0.0554 acre tract of land in the David
Welch Survey Abstract 324, Vol. 85, Page 237, Deed Records, Wichita
County, Texas
Combined total of values approved in this resolution - $7,761.00
SECTION NO. 2 The approved value of such properties are hereby approved
and the City Manager is hereby authorized to purchase in the name of the Texas
State Highway Department, by Warranty Deed or by Quit Claim Deed, such tracts
of land as shown on the project right-of-way map. The authorized price to be
paid for each tract is the state approved value as determined from appraisals
made by the independent real estate appraisers employed by the Texas State
Highway Department.
SECTION NO. 3 In the event the City Manager is unable to purchase any such
tract or tracts for such approved values, he is hereby authorized and directed
to cause to be instituted condemnation proceedings to obtain such tracts in the
name of the Texas State Highway Department.
Moved by Alderman Darner that Resolution No. 1131 be passed.
Motion seconded by Alderman Wills, and carried by the following vote :
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4b
A proposed resolution was presented amending the contract between the City
and Frank Stagner, reducing charges for privately owned golf carts at Weeks Park.
City Manager Gerald Fox explained that under the present contractual agreement,
the professional owns the carts and receives a percentage of the revenue from
such. At present, the charge for privately owned carts is one-half the regular
cart rate. It is felt that one-third of the cost would be more equitable.
RESOLUTION NO. 1132
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain agreement between the City of Wichita Falls and J. F. (Frank)
Stagner, wherein such parties amend Paragraph 8 of the contract originally entered
into between them dated January 1, 1969, is hereby approved, and the City Manager
is authorized to execute the same for the City.
Moved by Alderman Lambert that Resolution No. 1132 be passed.
Motion seconded by Alderman Darner, and carried by the following vote :
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4c
A proposed resolution was presented approving a supplemental agreement with
Texas Electric Service Company to provide power for obstruction lights as part
of the expressway lighting project. After some discussion it was decided that the
resolution should be worded to provide that a copy of the letter would be attached.
` ` RESOLUTION NO. 1133
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain supplemental letter agreement dated December 2, 1970, a copy
of which is attached hereto, with Texas Electric Service Company, to provide
electric energy for the operation of obstruction lights is hereby approved, and
the City Manager is authorized to execute the same for the City of Wichita Falls.
1
317
Item 4c, Contd.
Moved by Alderman Boyd that Resolution No. 1133 be passed, with the phrase added
following the reference to the letter, "a copy of which is attached hereto."
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
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Item 4d
The City Manager explained that in order to continue the operation of the City-
County Health Unit, a continuing agreement is needed every two years. It is also
time to make an appointment of a member to the City-County Board of Health. Kenneth C.
Bebb, M.D. , was recommended for reappointment for a two year term to expire January 1,
1973.
! r RESOLUTION NO. 1134
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
SECTION 1. The Wichita Falls City-County Health Unit shall be continued as a
City-County health unit under Article 4436a-1 of the Revised Civil Statutes of Texas
for the two year period from January 1, 1971 through December 31, 1972.
SECTION 2. Kenneth C. Bebb M.D. is hereby appointed a member of the Wichita
Falls City-County Board of Health for a term of two years, commencing January 1,
1971.
Moved by Alderman Wills that Resolution No. 1134 be passed, and inserting Dr.
Bebb's name for reappointment.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4e
A proposed resolution was presented accepting the bid of Heard Crouch in the
amount of $4,000.00 for excess city property at Kell and Fairway, and authorizing
the City Manager to execute a deed. This small portion was not needed for the Kell
Freeway project and railroad relocation.
s
r `YRESOLUTION NO. 1135
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS,
THAT:
That certain bid of Heard Crouch in the amount of Four Thousand Dollars ($4,000.00)
for the purchase of the property hereinafter described at the Southeast corner of
Fairway Boulevard and Kell Boulevard in Wichita Falls is hereby accepted, and the City
Manager is authorized to execute and deliver a special warranty deed conveying said
property to Heard Crouch upon the payment of the balance of the purchase price in
cash. Said tract of land is described as follows :
Being 0.189 of one acre tract of land out and part of a 0.357 acre tract,
Block 10, Denton County School Land, League 1, Abstract 58, Wichita County,
Texas, said 0.357 acres tract being the same tract described in a correction
deed from Lloyd D. Royal Estate, et al, to the City of Wichita Falls, dated
April 28, 1970, recorded in Volume 1078, Page 708, Deed Records of Wichita
County, Texas ; said 0.189 acre tract being more particularly described as follows,
to wit:
BEGINNING at a point on the existing east right-of-way line of Fairway Boulevard,
and being 45.00 feet N 88' 39' W and 236.28 feet S 01' 21' W from the southwest
corner of Block 10, Denton County School Lands ;
318
Item 4e, Cont'd.
THENCE, 12.96 feet, N 53' 36' E for the southwest corner of said tract, being
the place of beginning, said point being the future east right-of-way line of
Fairway Boulevard;
THENCE,N 14° 09' E, 85.67 feet along the future east right-of-way line of
Fairway Boulevard also being the future south right-of-way line of Kell Fairway
as described in Volume 1081, Page 529, to a point;
THENCE, N 360 09'E, 73.85 feet along the future east right-of-way line of
Fairway also being the future south right-of-way line of Kell Freeway to a
point in the south right-of-way line of the Railroad;
THENCE, along the south line of the Railroad right-of-way, N 69' 09' E, 63.74
ft. to a point;
THENCE, S 16° 54' W, 99.58 feet to a point;
THENCE, S 530 36' W, 118.24 feet to the place of beginning and containing
0.189 acres more or less, and including a twenty feet drainage easement in
the most northern part of tract and parallel to the north line of said
described tract.
Moved by Alderman Darner that Resolution No. 1135 be passed.
Motion seconded by Alderman Drake, and carried by the following vote :
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
f
Item 4f
Discussion was held on a water and sewer financing study, a sewage rate analysis,
and preparation of plans and specifications for waste water treatment plant expansion.
City Manager Gerald Fox explained that a report had been accepted from Black and
Veatch, and that their recommendations were as follows :
(1) Initiation of a program to investigate undue infiltration in the
sewage collection system;
(2) Development of an industrial waste control ordinance; and
(3) Expansion of the present plant facilities to be able to handle
a nominal capacity of 17 million gallons per day by adding an
activated sludge treatment process.
RESOLUTION NO. 1136
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain proposal dated November 12, 1970, addressed to Gerald G. Fox,
City Manager, by Black & Veatch, Consulting Engineers, providing for the preparation
of a water and sewer revenue requirements and financing study and the preparation
of a cost of sewerage service and rate study for the City of Wichita Falls, is
hereby approved and accepted, and the City Manager is hereby authorized to execute
the acceptance of said proposal for the City of Wichita Falls.
Moved by Alderman Darner that Resolution No. 1136 be passed.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
RESOLUTION NO. 1137
r
WHEREAS, heretofore the City of Wichita Falls entered into a contract with
Black & Veatch, consulting engineers, dated September 9, 1969, wherein the City
319
Item 4f, Cont'd.
employed such engineers to perform certain services contained therein; and,
WHEREAS, said engineers have performed the services set opt in Paragraphs 1
through 5 of Section I of such contract; and,
WHEREAS, Paragraph 6 of such Section I provides that the City has no obligation
beyond the services referred to in 1 through 5, and that the City shall have the
option to have the engineers carry out the furtherance of services described in 6
through 14 with any parts it may select; and,
WHEREAS, the City desires that Black & Veatch begin preparation of construction
plans and specifications for the expansion of the present sewerage plant facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Black & Veatch are hereby authorized to proceed with the preparation of the con-
struction plans and specifications in accordance with the terms of Paragraphs 7, 8
and 9 of Section I of said contract dated September 9, 1969.
Moved by Alderman Wills that Resolution No. 1137 be passed.
I
Motion seconded by Alderman Drake.
Alderman Boyd disagreed with this recommendation, stating that he felt we should
wait until after the legislature has acted. Alderman Lambert affirmed that whether
the legislature acts or not we will still have to do it, and we need plans and speci-
fications in order for the citizens to be informed on what it will cost.
The motion was carried by the following vote:
Ayes : Aldermen Lambert, Wills, Darner, and Drake
Nays : Alderman Boyd.
RESOLUTION NO. 1138
WHEREAS, under present policies, Federal grant funds can be obtained up to 33%
of the cost of sewage treatment plants; and,
WHEREAS, the Federal law gives an incentive to States to participate by providing
for the Federal share to increase to 55% whenever the States pay at least 25% of
such costs; and,
WHEREAS, participation by the State of Texas in this program will result in a
considerable reduction of cost to taxpayers of the state for sewage treatment plants;
and,
WHEREAS, the Nixon administration has recommended that 20% of total appropriation
for Federal grants be allocated to States which have grant programs for sewage plants;
20'/ on the basis of need to States which have used all available Federal funds ; and
60% on the present allocation formula; creating for Texas the prospect of losing
between 20% and 40% of the Federal funds which could be obtained;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS :
That the City of Wichita Falls urges the 62nd Texas Legislature to appropriate
funds for grants to cities for the cost of sewage treatment plants in an amount which
will secure the maximum assistance from the Federal government for this purpose,
thereby reducing the cost to the local taxpayer.
Moved by Alderman Wills that Resolution No. 1138 be passed, urging the legisla-
ture to appropriate certain funds to be used for cities for sewer treatment plants,
which will reduce the cost to local taxpayers.
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
320
Item 4g
6 '
City Manager Gerald Fox explained that properties in the same block of
Central Fire Station have recently become available, and believes they will be
needed eventually for expansion of this facility. There is a federal grant program
called the Open Space Land Acquisition and Development Program to assist cities
in this type of program. He stated they would like to execute Option to Purchase
Agreements with the ovaers of these properties. The land could be used for park
type facilities until such time as it is needed for expansion by the fire station.
Alderman Boyd questioned the need for a park at this location. Alderman Darner
also questioned this purchase under this Open Space grant, stating that he feels
it is a luxury that we don't really need at this time. Mayor Hill stated he liked
the park idea.
RESOLUTION NO. 1139
WHEREAS, Title VII of the Housing Act of 1961, as amended provides for the
making of grants by the Secretary of Housing and Urban Development to states and
local public bodies to assist them in the acquisition and development of permanent
interests in land for open-space uses where such assistance is needed for carrying
out a unified or officially coordinated program for the provision and development
of open-space land as part of the comprehensively planned development of the urban
area; and,
WHEREAS, the City of Wichita Falls , Texas, herein sometimes referred to as
"Applicant", desires to acquire and develop the fee simple title to certain land
in Wichita Falls, Wichita County, Texas, described in Exhibit A attached hereto,
which land is to be held and used for permanent open-space land for parks and
recreation; and,
WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the
Department of Housing and Urban Development effectuating that title, provide that
no person shall be discriminated against because of race, color, or national origin
in the use of the land acquired and/or developed; and,
WHEREAS, it is recognized that the contract for federal grant will impose
certain obligations and responsibilities upon the Applicant and will require among
other things (1) assurances that families and individuals displaced as a result
of the open-space land project are offered decent, safe and sanitary housing, (2)
compliance with federal labor standards, and (3) compliance with federal require-
ments relating to equal employment opportunities; and,
WHEREAS, it is estimated that the cost of acquiring said interests will be
$21,000.00; and,
WHEREAS, it is estimated that the cost of development of said land will be '
$4,380.00; and,
WHEREAS, it is estimated that the cost of necessary demolition and removal of
improvements on said land will be $2,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. That an application be made to the Department of Housing and
Urban Development for a grant in an amount authorized by Title VII of the Housing
Act of 1961, as amended, which amount is presently estimated to be $14,500.00,
and that the Applicant will pay the balance of the costs from other funds avail-
able to it.
SECTION 2. That adequate open-space land for the locality cannot effectively
be provided through the use of existing undeveloped or predominantly undeveloped.
land.
SECTION 3. That the City Manager is hereby authorized and directed to execute
and to file such application with the Department of Housing and Urban Development,
to provide additional information and to furnish such documents as may be required
by said Department, to execute such contracts as are required by said Department,
and to act as the authorized correspondent of the Applicant.
SECTION 4. That the proposed acquisition and development is in accordance
with plans for the allocation of land for open-space uses, and that, should said
grant be made, the Applicant will acquire, develop, and retain said land for the
uses designated in said application and approved by the Department of Housing and
Urban Development.
321
Item 4g, Cont'd.
SECTION 5. That the United States of America and the Secretary of Housing
and Urban Development be, and they hereby are, assured of full compliance by the
Applicant with regulations of the Department of Housing and Urban Development
effectuating Title VI of the Civil Rights Act of 1964.
SECTION 6. That the United States of America and the Secretary of Housing and
Urban Development be, and they hereby are, assured of full compliance by the
Applicant with the Federal labor standards imposed under Title VII of the Housing
Act of 1961, as amended.
Moved by Alderman Lambert that Resolution No. 1139 be passed.
Motion seconded by Alderman Drake, and lost by the following vote :
Ayes : Aldermen Drake and Lambert
Nays : Aldermen Darner, Boyd, and Wills.
Item 5a
't
Bids were considered on 16 two-way mobile radios.
Moved by Alderman Wills that the low bid of General Electric Company be accepted
in the amount of $8,450.
Motion seconded by Alderman Boyd, and carried unanimously.
.,Item 5b
Bids were considered on 17 4-door sedans and 18 trucks foir various city
departments. The City Manager recommended award of total bids on trucks as follows :
a. Longhorn Chevrolet $10,127.47
r b. International Harvester $28,608.80
c. Morgan Dodge $17,437.14
d. Fleet Equipment Company $ 1,075.00
Moved by Alderman Wills that total bids be accepted in the amount of $57,248.41,
as set out in the memorandum.
Motion seconded by Alderman Darner, and carried unanimously.
Bids were considered on 17 sedans. Two of the bids did not meet specifications.
The only bid meeting specifications fully is Moore Ford Company. The bid this year
is 31 percent higher than last year per unit. Mr. Fox recommended approval of 14
units for the police department in the amount of $46,000, and rejection of bids on
the other three units; that specifications be redrafted and call for new bids on the
three staff vehicles.
Moved by Alderman Drake that the low bid of Moore Ford Company be accepted on
14 police units, and re-bid the other three units.
Motion seconded by Alderman Wills, and carried unanimously.
i
Item 5 c
Bids were considered on two 3-wheel skooters for parking meter and golf divisions.
f It was recommended that the low bid be awarded to Fork Lift Sales and Service, Dallas,
in the amount of $3,731.00.
Moved by Alderman Wills that the bid be awarded as recommended.
r
Motion seconded by Alderman Darner, and carried unanimously.
Item 6
It was recommended by Lloyd Rigby, Director of Parks and Recreation, that
�; Change Order No. 3 and final payment on the contract with Heber Brantley and Luce
322 _
Item 6, Cont'd.
Construction Company for Lake Arrowhead Roadways be approved in the amount of
$7,827.95.
RESOLUTION NO. 1140
WHEREAS, the City of Wichita Falls and Heber Brantley and Luce Construction
Company, Inc. entered into a contract dated July 5, 1968, wherein the contractors
agreed to construct roadway, earthwork, paving and drainage improvements for Lake
Arrowhead Cabin and Park Area; and
WHEREAS, Biggs and Mathews, consulting engineers on the project, by letter
dated December 2, 1970, notified the City that the project has been completed;
and
WHEREAS, such engineers furnished with such letter Change Order No. 2, together
with the final estimate on said contract, which is shown as Change Order No. 3,
which shows the total amount of work done, including change orders, as Three Hundred
Twenty-one Thousand, Eight Hundred Seventy-Nine Dollars and 17/100 ($321,879.17) ,
of which Three Hundred Fourteen Thousand, Fifty-one and 22/100 Dollars ($314,051.22)
has previously been paid to the. contractors, leaving a balance due of Seven Thousand
Eight Hundred Twenty-seven and 95/100 Dollars ($7,827.95) .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of the above project by said contractors is accepted by the
City of Wichita Falls, Change Order No. 2 and the final estimate (shown as Change
Order No. 3) are approved, and the City Manager is directed to pay to the contractors
the balance due as shown on such final estimate.
Moved by Alderman Darner that Resolution No. 1140 be passed.
Motion seconded by Alderman Wills; , and carried by the following vote:
Ayes : Aldermen Wills, Lambert, Darner, Boyd, and Drake
Nays : None
Item 7
Moved by Alderman Wills that minutes of the meetings of the Board of Adjust-
ments and Appeals held December 7, 1970 and the Electrical Advisory Board held
December 8, 1970, be received.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 8
Moved by Alderman Wills that water reimbursement contract payment in the amount
of $891.07, and sewer reimbursement contract payment in the amount of $272.88, be
approved in a total amount of $1,163.95 , as follows :
R. D. Montgomery and C. B. Johnson, Water, Section One, Montgomery-Seymour Heights
Addition, from November 17, 1969 to November 17, 1970; $891.07
Lots, Inc. , a Texas Corporation, Sewer, Colonial Park Addition, Section A,
from November 17, 1969 to November 17, 1970; $272.88
Motion seconded by Alderman Darner, and carried unanimously.
Moved by Alderman Boyd that the meeting be adjourned.
Motion seconded by Alderman Lambert, and carried unanimously.
The Board of Aldermen adjourned at 11 :30 A.M.
PASSED AND APPROVED this � day of yz u. z„ , 1971.
ATTEST:
:Mayor
City Clerk
DCCC;IUOr �, .i j
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C_y o� v"' ch—i ails
Texas
letter refers to our arecr::crt .._.-.-'h you datcu February H, l;5, as
Sly na 9 modify a"l S Cif eCt1VGACa, a i ,
Jor 15 1197U , as iOLlO'l
1.. CU:':nany vill provide electric ene-- for the OpJel at'ion of one
ilundi—ed ei-,ht liCi. S -oca—.2d ato-o 1JC-
fOOt street milt t0'r:cr U and 50-'Oo"� .street �1Ut:t poles as
actailed on lX al it i O t.:iS SUU'. iG: ..I1t. All OOS'JrUCtlOil
S w111 be controlled by photo Ce LlS arran ed to Operate
lints only at nilrnt
2. City install, Oiaa, o,-ol- .".-;O, and all such
o s ruCti0I1 11t:ItS and assoctiu-.ed cou i':ient.
j. Cit�r �:�rc CS t0 pajr for L ieCtr _C ICT Or O:�StrUC�lOn l :1I
In accordance i.,itl7 Rate y-6 basc(l a 3r: &;. esti:::atea
per montl—1 for each 1GO-watt ic..p. :.0 c,..w..;aued .,..;1 are Dasea
upon. 4000 � '
LUT'r:in`? ilOUT's p,_2 ''c:cii uiCl lI7Ci.UaG 5`(; .LOSSCS. City
a-rces to pay -`or electric cne=t;y L)rOVia-ed hereunder Wltiii♦
ten says from date Of bill.
;11 Otn21 teri:iS and COliaitlO:iS of saiCl cei;i Tit, as Unot a, ill
rcir:alri in IU.- force aI"IC of eCt Ei:Cei v as eX.presU_y a:ueiiC e Dy th1S letter.
if this is in accordance Z^;it I your understand)n�, and iS acceptable to
you, p)Iease SO indicate as provided below.
Very truly yours,
TEKIIS ELECTRIC SERVICE
�:cc:.pted:
Vice Pf�sidur:V - 0peratiol:s
CITY OF 'ViCriITA FALLS V
Ti t'...e CitY Tanager ,
(Supp`oracn�i
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