Min 04/10/1972 1
545
Wichita Falls, Texas
Memorial Auditorium Building
April 10, 1972
Items 1 & 2
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 8:00 o'clock P.M. , with the following members present:
Kenneth Hill Mayor
Harry Campsey X
Harrison E. Taylor X
Larry Lambert
Dick Darner X
J. C. Boyd, Jr.
Bill Drake X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Darner.
Visitors were welcomed by the Mayor.
Item 3
Moved by Alderman Campsey that minutes of the meeting held March 21, 1972,
be approved.
Motion seconded by Alderman Drake, and carried unanimously.
'i Item 4a - - - - - - - - -
A proposed ordinance was presented adopting estimates of costs and improve-
ments on Loop 11, and setting the date for the benefit hearing on May 16, 1972,
at 10:00 A.M.
ORDINANCE NO. 2700
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION
OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A
PORTION OF LOOP 11 FROM U.S. HIGHWAY NO. 82-277 TO U.S. HIGHWAY NO. 287
IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF
THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING
THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY
CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF
SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COM-
PLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PRO-
VIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERE-
TO, AND DECLARING AN EMERGENCY.
Moved by Alderman Boyd that Ordinance No. 2700 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4b
A proposed ordinance was presented adopting estimates of costs and improve-
ments on Midwestern Parkway from Herring Road to Armory Road, and setting the
4 �l;
546
Item 4b, Cont'd.
date for the benefit hearing on May 16, 1972, at 10:00 A.M.
ORDINANCE NO. 2701
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION
OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR
A PORTION OF MIDWESTERN PARKWAY ADJACENT TO LOT 14 OF ED MANNING ADDITION
TO WOODLAND PARK AND BLOCK 18, WOODLAND PARK ADDITION IN THE CITY OF
WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF
ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK
TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS
AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN ]HE MINUTE
BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN
THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE
DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING
AN EMERGENCY.
Moved by Alderman Lambert that Ordinance No. 2701 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4c
A proposed ordinance was presented awarding the contract to Frank McGrath
in the amount of $18,202.00, and setting the date for the benefit hearing for
the 1972 Reconstruction Program on May 16, 1972, at 10:00 A.M.
ORDINANCE NO. 2702
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION
OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A
PORTION OF THE 1972 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS
IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUC-
TION, FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY
AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF
SUCH HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORD-
INANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF
ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE
RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER
MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY.
Moved by Alderman Darner that Ordinance No. 2702 be passed.
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 4d
' A proposed ordinance was presented awarding the contract to Sabre Asphalt
Company in the amount of $204,190.00, for the 1972 Assessment Paving Program,
and setting the date for the benefit hearing on May 16, 1972, at 10:00 A.M.
ORDINANCE NO. 2703
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION
OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT
VARIOUS STREETS DESIGNATED AS THE 1972 ASSESSMENT PAVING PROGRAM IN THE
CITY OF WICHITA FALLS , TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION,
FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY
AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF
SUCH HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS
ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD
OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE
ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY
OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY.
f
547
Item 4d, Cont 'd.
Moved by Alderman Taylor that Ordinance No. 2703 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Drake
Nays : None
Item 4e
�,- A proposed ordinance was presented accepting improvements on the 1971
Reconstruction Program.
ORDINANCE NO. 2704
ORDINANCE ACCEPTING IMPROVEMENTS ON FOUR (4) UNITS OF THE 1971 RECONSTRUC-
TION PROGRAM, IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE
NO. 2632 DECLARING THE CONTRACT WITH TIMMINS AND ANDERSON CONTRACTORS, FOR
THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECT-
ING THE ISSUANCE, EXECUTION, AND DELIVERY OF CERTIFICATES IN EVIDENCE OF
SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN
AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY
CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME
IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS
OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE.
Moved by Alderman Darner that Ordinance No. 2704 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
+Item 4f
i, A proposed ordinance was presented deleting the classification of Fire
Communications Supervisor from the Civil Service list, and replacing it with a
non-civil service position.
ORDINANCE NO. 2705
ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY
OF WICHITA FALLS BY DELETING THEREFROM THE CLASSIFICATION OF COMMUNICATIONS
SUPERVISOR.
Moved by Alderman Taylor that Ordinance No. 2705 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
i
Item 5a
Bids were considered on labor and material for replacement of the stage floor
f in Memorial Auditorium Building. It was recommended that the low bid of Trinity
Floor Company, Dallas, be accepted in the amount of $2,395.80 for maple flooring
only. It was further recommended that the bid for labor only submitted by Glenn
�t( McWhorter Floor Company, Wichita Falls, in the amount of $1,860.00, be approved
by adoption of a resolution. This will amount to a savings of $1,521.68 to the
City, compared to the low bid reflecting labor and materials.
Moved by Alderman Campsey that the low bid of Trinity Floor Company be accepted
in the amount of $2,395.80 for maple flooring for stage.
548
Item 5a, Cont'd.
Motion seconded by Alderman Boyd, and carried unanimously.
RESOLUTION NO. 1286
WHEREAS, the City of Wichita Falls has advertised for bids for furnishing
labor and tools only for the installation of hard maple flooring on the stage
floor of Memorial Auditorium; and,
WHEREAS, several bids were received, and it is found that Glenn McWhorter,
who bid $1,860.00, 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 Glenn McWhorter, in the amount of $1,860.00, is hereby accepted,
and the City Manager is authorized to execute for the City of Wichita Falls a
contract with Glenn McWhorter for the construction of such improvements.
Moved by Alderman Campsey that Resolution No. 1286 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambett, Darner, Boyd, and Drake
Nays : None
r Item 5b
A proposed resolution was presented awarding the contract to Sabre Asphalt
Company in the amount of $32,708.00 for hot-mix asphaltic concrete surface
course for the 1972 Reconstruction program.
rf
r.
RESOLUTION NO. 1287
WHEREAS, the City of Wichita Falls has advertised for bids for hot-mix
asphaltic concrete surface course for the 1972 reconstruction program; and,
WHEREAS, two bids were received, and it is found that Sabre Asphalt Company,
who bid $32,708.00, 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 Sabre Asphalt Company in the amount of $32,708.00 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita Falls
a contract with Sabre Asphalt Company for the construction of such improvements.
Moved by Alderman Boyd that Resolution No. 1287 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
r Item 5c
A proposed resolution was presented awarding the contract to Sabre Asphalt
Company in the amount of $13,790.40 for hot-mix surface overlay for Brook Street
TOPICS project.
RESOLUTION NO. 1288
WHEREAS, the City of Wichita Falls has advertised for bids for hot-mix asphal-
tic concrete surface overlay for the Brook Street TOPICS Project; and,
WHEREAS, two bids were received, and it is found that Sabre Asphalt Company,
who bid $13,790.40, is the lowest responsible bidder.
549
Item 5c, Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
Said bid of Sabre Asphalt Company in the amount of $13,790.40 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita
Falls a contract with Sabre Asphalt Compny for the construction of such improvement.
Moved by Alderman Darner that Resolution No. 1288 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5d
A proposed resolution was presented awarding the contract for concession
rights at Coyote Stadium to C. L. Walton for 15 percent of the gross, and to Gary
° Westmoreland at Scotland and Hamilton Parks for 16 percent of the gross. The
City Manager also requested authority to negotiate as best they can for concession
rights at Bridwell Park. No bids were received for this operation.
RESOLUTION NO. 1289
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
SECTION 1. That certain contract between the City of Wichita Falls and
C. L. Walton as the concession operator at Coyote Stadium, is hereby approved,
and the City Manager is authorized to execute the same for the City of Wichita
Falls.
SECTION 2. That certain contract between the City of Wichita Falls and Gary
Westmoreland, a copy of which is attached hereto, which names Gary Westmoreland
as the concession operator at Scotland Park and Hamilton Park, is hereby approved,
and the City Manager is authorized to execute the same for the City of Wichita
Falls.
Moved by Alderman Drake that Resolution No. 1289 be passed, and that the
staff be authorized to negotiate for Bridwell Park operation.
Motion seconded by Alderman Campsey, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 6a
A proposed resolution was presented approving the change order and final
estimate for Sanitary sewer relocation and construction for the North Beverly ext-
ension and sewer main off East Lincoln Street. The completed project amounted
to $3,004.00 more than the contract price, as outlined in the memo from Joe
Smith (attached) .
RESOLUTION NO. 1290
WHEREAS, the City of Wichita Falls and Opex, Inc. entered into a contract
dated February 18, 1972, wherein said Contractor agreed to construct certain
sanitary sewer improvements , Project 89-168-04; and,
WHEREAS, said improvements have been completed in accordance with the plans
and specifications; and,
WHEREAS, a change order and a final estimate have been submitted on this
project, which final estimate shows the total amount of work done as $22,855.00,
none of which has previously been paid to the Contractor, leaving a balance due
of $22,855.00.
550
Item 6a, Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of such sanitary sewer improvements is accepted by the City
of Wichita Falls, the change order and the final estimate are approved, and the
City Manager is directed to pay the said Contractor the amount due as shown on
such estimate.
Moved by Alderman Taylor that Resolution No. 1290 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 7a
l
Permission was requested to advertise for bids for an annual supply of various
chemicals for the Water Purification Department, as follows.
a. 100,000 lbs. sodium hexametaphosphate
b. 580 tons ferrous sulphate (copperous)
C. 464,000 lbs. silicate of soda
d. 1,680 tons quicklime
Moved by Alderman Lambert that authority be granted to advertise for bids,
as requested.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 7b
Permission was requested to advertise for bids for a utility tractor with
a six feet side mounted sickle mower for the Parks Department.
f
Moved by Alderman Darner that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 8
Moved by Alderman Lambert that minutes of the meetings of the following
boards and commissions be received.
a. Park Board - March 28, 1972
b. Aviation Advisory Board - March 15 , 1972
C. Planning Board - March 8, 1972
d. Board of Adjustments and Appeals - March 27 , 1972
e. Traffic Commission - March 14, 1972
Motion seconded by Alderman Drake, and carried unanimously.
Item 9a
Moved by Alderman Taylor that a water reimbursement contract payment in
the amount of $529.76, and a sewer reimbursement contract payment in the amount
of $112.71, be approved for a total amount of $642.47, as follows :
Meadow Lake Company, Water, Meadow Lake Addition, Section C, from
February 28, 1971 through February 28, 1972; $529.76
Meadow Lake Company, Sewer, Meadow Lake Addition, Section C, from
February 28, 1971 through February 28, 1972; $112.71
Motion seconded by Alderman Campsey, and carried unanimously.
I
551
Item 9b
Returns of the city election held April 4, 1972, were canvassed in each
precinct by the Mayor and Board of Aldermen.
RESOLUTION NO. 1291
A RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE
CITY OF WICHITA FALLS, TEXAS , ON APRIL 4, 1972, FOR THE PURPOSE OF ELECTING
MAYOR AND ALDERMEN FOR POSITIONS NO. 4, NO. 5, AND NO. 6, AND TO DETERMINE
WHETHER ORDINANCE NO. 2682 SHALL BE REPEALED.
WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita
Falls, Texas , held in the Memorial Auditorium Building on the 10th day of April,
1972, at which time a quorum was present, came on to be considered the returns
of the municipal election held on the 4th day of April, 1972, for the purpose of
electing Mayor and Aldermen for Positions No. 4, No. 5 and No. 6, and to determine
whether Ordinance No. 2682 providing for a CATV system in Wichita Falls shall be
repealed.
WHEREAS, after canvassing the returns of said election, it was found to be
duly and legally held in all respects, and there were cast at said election 12,995
votes for the election of Mayor and three Aldermen and on such referendum; and
that
FOR MAYOR:
Joe E. Shaddock received 5,651 votes
Mark Shaffer received 543 votes
David A. England received 467 votes
J. Winston Wallander received 6,226 votes
Write-in votes 12 votes
FOR ALDERMAN, POSITION 4:
Louis Esquibel received 1,625 votes
Dannie P. Cauble received 3,581 votes
Gene A. Buchanan received 1,057 votes
Willard J. Still received 6,381 votes
Write-in votes 4 votes
FOR ALDERMAN, POSITION 5 :
J. C. Boyd received 8,264 votes
Elvin L. Dudley received 4,316 votes
Write-in votes 15 votes
FOR ALDERMAN, POSITION 6:
Bill Drake received 6,017 votes
Mrs. L. H. (Peggy) McCullough received 6,808 votes
Write-in votes 7 votes
AND, it appearing that J. Winston Wallander received the greatest number of
votes at said election for Mayor; that Willard J. Still received the greatest
number of votes cast at said election for Alderman, Position 4; that J. C. Boyd
received the greatest number of votes cast at said election for Alderman, Position
5; and that Mrs. L. H. (Peggy) McCullough received the greatest number of votes
cast at said election for Alderman, Position 6; and,
WHEREAS, in the referendum election on Ordinance No. 2682 allowing CATV
(Community Antenna Television) in the City of Wichita Falls, votes were case as
follows :
For Ordinance No. 2682 3,840 votes
Against Ordinance No. 2682 8,793 votes
AND, it appearing that the greatest number of votes at said referendum
election were against Ordinance No. 2682.
+ • r
552 a_. �+
Item 9b, Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT J. Winston Wallander was duly and legally elected
Mayor of the City of Wichita Falls, Texas at said election, and that Willard J.
Still, J. C. Boyd and Mrs. L. H. (Peggy) McCullough were duly and legally elected
Aldermen of the City of Wichita Falls, Texas at said election, and that said
Ordinance No. 2682 was repealed, and that said election was in all respects
legally held in accordance with the laws of the State of Texas and the Charter
and ordinances of the City of Wichita Falls.
Moved by Alderman Campsey that Resolution No. 1291 be passed.
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 9c
Mayor Hill expressed appreciation to the people for electing him Mayor,
stating he also appreciated serving with various members of the Board of
Aldermen, as well as City Manager Gerald Fox and staff, Mrs. Thomas , City Clerk,
and H. P. Hodge, City Attorney. He recognized the spouses of the present and
new council members. Dick Darner and Bill Drake expressed appreciation for the
for the pleasant associations they have had, and for the assistance given them
by all.
The Oath of Office was administered by Mayor Hill to the newly elected council,
who in turn took their seats with the remainder of the Council. Mayor Wallander
thanked Kenneth Hill for his years of dedication to the city, and welcomed Mrs.
McCullough and Willard Still to the Council. Mrs. McCullough stated that she
felt extremely honored and humble to be here, and will do her best to serve the
people of Wichita Falls. Mr. Still stated that he appreciated the opportunity
to serve his city, and pledged his efforts to work for the City. J. C. Boyd
stated that he had a lot of respect and admiration for people that serve on the
Council, stating that the City owes the departing members of the Council a vote
of thanks for their service to the City.
Mayor Wallander announced that the next council meeting will be Tuesday,
April 18, 1972, at 10:00 a.m. He also invited all those present to a reception
in the Conference Room tonight after the meeting.
Moved by Alderman Taylor that the meeting be adjourned.
Motion seconded by Alderman Lambert, and carried unanimously.
The Board of Aldermen adjourned at 9 :50 P.M.
PASSED AND APPROVED this day of 1972.
r
Mayor
ATTEST:
City Clerk
DEPARTMENT OF PUBLIC UTILITIES
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Gerald Fox, City Manager DATE: April 6, 1972
FROM: Joe C. Smith, Director of Public Utilities
SUBJECT: Change Order and Final Estimate For Sanitary Sewer
Relocation and Construction - Project 89-168-04
On February 15, 1972, the City Council approved the bid
of Opex, Inc. for Sanitary Sewer Relocation and Construction
for the North Beverly extension and sewer main off East Lincoln
Street. The contractor has completed the work in a very satis-
factory manner and has submitted his final work tabulations for
final payment. You will note that the completed project is
$22,855.00, or some $3,004.00 more than contract price. This
was brought about by the addition of extending an 8" main,
just off Northwest Drive, some 95' so that it would be out
from under the freeway for future connections to the West.
We also had to encase the main in concrete and build two
extra manholes. This work alone on this main amounted to
$2,599.00. The reason this was not included in the original
contract was that the exact location of highway ROW was not
determined until after the contract was let. The Highway
Department will pay 50% of this cost since the main was located
in a private easement. The remaining $405.00 was due to additional
five feet of Item #1 and an additional forty feet of Item #9 which
the Highway Department ask us to encase the line under an open cut
drainage ditch along each side of the frontage streets.
Attached hereto is a copy of the final estimate, Change Order
and a resolution for Council approval, so that we might make final
payment to contractor and also send statement to the Highway Department
for our portion of reimbursement of funds.
Xt
oe C. Smith, P.E.
Director of Public Utilities
JCS/ew
Attach.
THE STATE OF TEXAS §
COUNTY OF WICHITA §
WHEREAS, the Board of Aldermen of the City of Wichita
Falls has authorized the City Manager to enter into a contract with
C. L. Walton, 1801 McGregor Street, Wichita Falls, Texas, to be
concession operator at Coyote Stadium, and to execute the contract
on behalf of the City of Wichita Falls.
NOW, THEREFORE, for and in consideration of the sum of
15/ of gross sales paid to the City of Wichita Falls by C. L. Walton
and in further consideration of the hereinafter set out terms and
conditions the City of Wichita Falls, Texas, acting by and through
its duly authorized agent, City Manager Gerald Fox, does hereby .
grant and convey unto said C. L. Walton, the right to sell commodi-
ties and concessions in the following named area, to-wit:
Coyote Stadium - Fifth Street, Wichita Falls, Texas for
a term commencing April 11, 1972, and ending March 31, 1973.
' For and in consideration of the above grant, the said
C. L. Walton does hereby covenant and agree with the City of Wichita
Falls as follows:
I.
That the said C. L. Walton will handle only first class
commodities and concessions and will comply with all health and
sanitation regulations of both the State ,of Texas and of the City
of Wichita Falls, and does hereby agree that all items sold at the
above area will meet with the approval of the Director of the
Wichita Health Unit.
That the places where such commodities and concessions
are sold will be kept in a sanitary condition at all times to the
satisfaction of the Director of the Wichita Health Unit.
-2-
That all agents and employees of the said C. L. Walton
will be neat, courteous and honest when dealing with the public in
the sale of said commodities and concessions.'
That the concession rights granted herein shall not be
subject to transfer or assignment, except upon the written approval
of the Director of Parks and Recreation of the City of Wichita Falls,
Texas.
That the said C. L. Walton will carry fire and other
insurable calamity insurance with Insurance Company authorized to
do business in Texas to cover its personal property and equipment
used in the operation of this Contract. The Concessionaire further
agrees that if, during the term of this Contract said personal
property and equipment should be damaged or destroyed by fire or
other cause, said damage shall be repaired and at the sole expense
of the Concessionaire, and the Concessionaire's operation shall be
restored to normal as promptly as possible.
That the said C. L. Walton agrees to hold the City harm-
less from any and all claims, suits, loss or damage, or injury to
persons or property of any kind whatsoever growing out of or in any
way connected with the operation and maintenance of this concession
or in the exclusively occupied area of the Concessionaire. The
Concessionaire will be required to maintain at all times insurance
coverage with an insurance underwriter acceptable to the City against
claims for public liability and property damage. Concessionaire
shall at its own expense and at all times during the term of this
Lease and any extension or renewal thereof obtain and secure for
its and City' s protection public liability insurance in the amount
of $100,000/$300,000 and property damage insurance in the amount of
-3-
$50, 000. Evidence of insurance and- notices of cancellation shall
be furnished to City.
That the said C. L. Walton shall, in case of fire, other
casualty, or other damage should result from an act of neglect or
carelessness by any of the Concessionaire's operation, maintenance
or acts of its employees, give immediate notice in writing to
Lessor. Concessionaire shall thereupon cause the damage to be
repaired forthwith, provided materials, supplies and labor are
reasonably available; if any portion of the premises is rendered
unfit for occupancy, the rent shall be apportioned for the period
of time required to make the repairs, according to the part of the
premises, if any, which remains usable by Concessionaire. If the
entire Coyote Stadium facilities shall be destroyed, then within
thirty (30) days after the fire or other casualty, either Lessor or
Concessionaire may cancel this lease by notice in writing to the
other, effective as of the date of the mailing of the written notice,
except that the rent shall be apportioned as of the date of the fire
or other casualty and Concessionaire shall cause the damage to be
repaired forthwith. �y
EXECUTED this the ZS day of April, 1972.
CITY OF WICHITA FALLS
By:
Gera9d G. Fox, ity Nanager
ATTEST:
Wilma J. Thomas, City Clerk
APPROVED AS TO FORM:
H. P. Ho ge, Ci y Attorney
C. L. Walton, Concessionaire
THE STATE OF TEXAS )
COUNTY OF WICHITA )
WHEREAS, the Board of Aldermen of the City of Wichita Falls has
authorized the City Manager to enter into a contract with Gary Dean
Westmoreland, 1210 Montgomery Street, Wichita Falls, Texas, to be conces-
sion operator in two City parks , and to execute the contract on behalf of
the City of Wichita Falls.
NOW, THEREFORE, for and in consideration of the sum of 16 % of
the gross sales paid to the City of Wichita Falls by Gary Dean Westmoreland
and in further consideration of the hereinafter set out terms and conditions
the City of Wichita Falls, Texas , acting by and through its duly authorized
agent, City Manager Gerald Fox, does hereby grant and convey unto said Gary
Dean Westmoreland, the right to sell commodities and concessions in the
following named City parks, to-wit:
(1 ) Scotland Park - North First at Grand Ave. , Wichita Falls, Texas
(2) Hamilton Park - Hamilton Blvd. , Wichita Falls, Texas
for a term commencing April 11 , 1972 and ending September 30, 1972.
For and in consideration of the above grant, the said Gary Dean
Westmoreland does hereby covenant and agree with the City of Wichita Falls
a, follows:
I.
That the said Gary Dean Westmoreland will handle only first class
con;.-miodities and concessions and will comply with all health and sanitation
rogul ati ons of both the State of Texas and of the City of Wichita Falls ,
and does hereby agree that all items sold at the above areas will meet with
the approval of the Director of the Wichita Health Unit.
II.
That the places where such commodities and concessions are sold
will be kept in a sanitary condition at all times to the satisfaction of
the Director of the Wichita Health Unit.
That all agents and employees of said Gary Dean Westmoreland will
be neat, courteous and honest when dealing with the public in the sale of
said commodities and concessions.
That the concession rights granted herein shall not be subject to
transfer or assignment, except upon the written approval of the Director
of Parks and Recreation of the City of Wichita Falls, Texas.
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That the said Gary Dean Westmoreland will carry fire and other
insurable calamity insurance with Insurance Company/s authorized to do
business in Texas to cover its personal property and equipment used in the
operation of this Contract. The Concessionaire further agrees that if,
during the term of this Contract said personal property and equipment
should be damaged or destroyed by fire or other cause, said damage shall be
repaired and at the sole expense of the Concessionaire, and the Concession-
aire's operation shall be restored to normal as promptly as possible.
That the said Gary Dean Westmoreland agrees to hold the City harm-
less from any and all claims , suits , loss or damage, or injury to persons
or property of any kind whatsoever growing out of or in any way connected
with the operation and maintenance of this concession or in the exclusively
occupied area of the Concessionaire. The Concessionaire will be required
to maintain at all times insurance coverage with an insurance underwriter
acceptable to the City against claims for public liability and property
damage. Concessionaire shall at its own expense and at all times during
the term of this Lease and any extension or renewal thereof obtain and
secure for its and City's protection public liability insurance in the
amount of $100,000/$300,000 and property damage insurance in the amount of
$50,000. Evidence of insurance and notices of cancellation shall be fur-
niched to City.
That the said Gary Dean Westmoreland shall , in case of fire, other
casualty, or other damage should result from an act of neglect or careless-
ness by any of the Concessionaire's operation, maintenance or acts of its
employees, give immediate notice in writing to Lessor. Concessionaire shall
thereupon cause the damage to be repaired forthwith, provided materials ,
supplies and labor are reasonably available; if any portion of the premises
is rendered unfit for occupancy, the rent shall be apportioned for the
period of time required to make the repairs , according to the part of the
premises , if any, which remains usable by Concessionaire. If the entire
Hamilton Park and Scotland Park facili-ties shall be destroyed, then within
thirty (30) days after the fire or other casualty, either Lessor or Con-
cessionaire may cancel this lease by notice in writing to the other, ef-
fective as of the date of the mailing of the written notice, except that
the rent shall be apportioned as of the date of the fire or other casualty
and Concessionaire shall cause the damage to be repaired forthwith.
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EXECUTED this the day of April , 1972.
CITY OF WICHITA FALLS
By
Geral Fox, City ana Ver
ATTEST:
Wilma Thomas , City Clerk
APPROVED AS TO FORM:
II "- .
P , At Rey
G ry an Westmoreland, Concessionaire