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Min 11/07/1972 653 i Wichita Falls, Texas Memorial Auditorium Building November 7, 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 10:00 o'clock A.M. , with the following members present: J. Winston Wallander Mayor Harry Campsey Harrison E. Taylor Larry Lambert X Aldermen Willard Still J. C. Boyd, Jr. Mrs. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderwoman McCullough. II Item 3 - - - - - - - - - Moved by Alderman Campsey that minutes of the meeting held October 23, 1972, be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. The Mayor announced that Alderman Campsey will have to leave early to be a pall bearer at a funeral in Dallas, and that they will begin with Item 6. Item 6a A proposed ordinance was presented accepting certain street improvements under the 1972 Reconstruction program. ORDINANCE NO. 2747 ORDINANCE ACCEPTING IMPROVEMENTS ON CORONADO STREET, GARDEN STREET AND HAMPSTEAD LANE, IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2691 DECLARING THE CONTRACT WITH FRANK MCGRATH, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION, AND DELIVERY OF CERTI- FICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESS- MENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDER- MEN OF THE CITY OF WICHITA FALLS , TEXAS, AND BY FILING THE COMPLETE ORD- INANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Boyd that Ordinance No. 2747 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6b A proposed ordinance was presented accepting certain street improvements in the 1972 Assessment Paving program. 654 Item 6b, cont'd. ORDINANCE NO. 2748 ORDINANCE ACCEPTING IMPROVEMENTS OF SEVENTEEN (17) UNITS OF THE 1972 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIG- NATED IN ORDINANCE NO. 2690; DECLARING THE CONTRACT WITH SABRE ASPHALT COM- PANY, WICHITA FALLS , TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DE- LIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIV- ING 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 Still that Ordinance No. 2748 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6c A proposed ordinance was presented accepting improvements on Midwestern Parkway, from the east property line of U.S. Highway 281 to the east property line of Armory Road. ORDINANCE NO. 2749 ORDINANCE ACCEPTING IMPROVEMENTS OF MIDWESTERN PARKWAY (ARCHER-HAMILTON- HAMPSTEAD) FROM EAST PROPERTY LINE OF U. S. HIGHWAY NO. 281 TO THE EAST PROPERTY LINE OF ARMORY ROAD IN THE CITY OF WICHITA FALLS , TEXAS , AS DESIGNATED IN ORDINANCE NO. 2508; DECLARING THE CONTRACT WITH STUCKEY CONSTRUCTION COMPANY, WICHITA FALLS, TEXAS AND HEBER BRANTLEY, VERNON, TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFI- CATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESS- MENTS; 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 Taylor that Ordinance No. 2749 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6cl A proposed ordinance was presented accepting improvements on a portion of Midwestern Parkway adjacent to Lot 14 and Block 18, Woodland Park Addition. ORDINANCE NO. 2750 ORDINANCE ACCEPTING IMPROVEMENTS OF A PORTION OF MIDWESTERN PARKWAY (ARCHER- HAMILTON-HAMPSTEAD) ADJACENT TO LOT 14 OF ED MANNING ADDITION TO WOODLAND PARK ADDITION AND BLOCK 18 WOODLAND PARK ADDITION IN THE CITY OF WICHITA FALLS , TEXAS AS DESIGNATED IN ORDINANCE NO. 2692; DECLARING THE CONTRACT WITH THE TEXAS STATE HIGHWAY DEPARTMENT, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECU- TION 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 655 i I Item 6cl, cont'd. THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Boyd that Ordinance No. 2750 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6d A proposed ordinance was presented, providing a fee for reviewing and process- ing plats. #; , ORDINANCE NO. 2745 AN ORDINANCE AMENDING ORDINANCE NO. 2118, THE SUBDIVISION ORDINANCE, TO PROVIDE A FEE FOR REVIEWING AND PROCESSING PLATS. Moved by Alderman Lambert that Ordinance No. 2745 be passed. Motion seconded by Alderwoman McCullough. Dub Dennis appeared, stating that their industry was well represented at the last meeting, and they feel strongly that this ordinance should not be passed. He stated that at the last meeting he had stated that the Planning staff per- forms no service to him as a developer, and that Mr. Ondrejas mentioned three ways in which a service was performed. He further explained that he talked with the other homebuilders after that meeting, and they feel that no service is per- formed by the staff of the Planning Department. Perhaps some services could be performed, but they feel that they are not doing so at this time. He mentioned that the Council and staff are citizens serving the City - that we are all just citizens of Wichita Falls. He stated that he is deeply concerned whether we are all pulling in the same direction. He feels there may be a grouping of citi- zens instead of sitting down and talking over their problems. He stated that he did not believe the old saying that "you can't fight city hall." He questioned whether it is necessary to get professional city people and the elected body on different sides from the citizens. He stated that this is not an indictment or accusation, but a way to achieve a way of working together. -Mayor Wallander explained that he likes to work with committees in these matters in order that citizens can be heard. He does not think these meetings harm any of us, but hopes that they feel they have had a fair hearing. He stated that any action taken by the Council is after diligent study. The motion for passage of Ordinance No. 2745 was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6e A proposed ordinance was presented closing a portion of Avenue Z. ' ORDINANCE NO. 2751 AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF AVENUE Z BETWEEN THE EAST RIGHT-OF-WAY LINE OF KEMP BOULEVARD AND THE WEST LINE OF THE WILLOW BROOK ADDITION. Moved by Alderman Still that Ordinance No. 2751 be passed. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None 656 Item 6f A proposed ordinance was presented providing for creation of mobile home subdivisions. ORDINANCE NO. 2752 AN ORDINANCE PROVIDING FOR THE CREATION OF MOBILE HOME SUBDIVISIONS , AMENDING CERTAIN PORTIONS OF ORDINANCE NO. 2118, AND SECTION 30-2 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS, AND REGULAT- ING THE PLACEMENT OF MOBILE HOMES OUTSIDE OF MOBILE HOME PARKS AND SUB- DIVISIONS. Moved by Alderwoman McCullough that Ordinance No. 2752 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None ( Item 6g A proposed ordinance was presented extending the hours for sale, possession, and consumption of alcoholic beverages. (! f ORDINANCE NO. 2741 AN ORDINANCE ADOPTING THE PROVISIONS OF ACTS 1969, 61ST LEGISLATURE, REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON-PREMISE LATE HOURS AND TO CONSUMERS OF ALCOHOLIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR CONTROL ACT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR LICENSE FEE; REPEALING SECTION 4-10 OF THE CODE OF ORD- INANCES. Moved by Alderman Boyd that Ordinance No. 2741 be disapproved. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Still, and Boyd Nays : Aldermen Lambert and McCullough Item 6h A proposed ordinance was presented excepting Christmas and New Year's eve from the Sunday closing requirement for dance halls. ORDINANCE NO. 2741 AN ORDINANCE AMENDING SECTION 25-22 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS AUTHORIZING PUBLIC DANCES ON THOSE SUNDAYS ON WHICH CHRISTMAS EVE AND NEW YEAR'S EVE OCCUR. Moved by Alderman Still that Ordinance No. 2741 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None l ` Item 6i A proposed ordinance was presented which would extend the hours of closing for dance halls. Moved by Alderman Boyd that this proposed ordinance be disapproved. 657 j Item 6i, cont'd. I Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None ' Item 6j A proposed ordinance was presented authorizing the sale of intoxicating bev- erages on the same premises where dancing is permitted. ORDINANCE NO. 2753 AN ORDINANCE AMENDING SECTION 4-25 AND REPEALING SECTION 25-18 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TO ALLOW A PUBLIC DANCE HALL LICENSE AND AN ALCOHOLIC BEVERAGE LICENSE ON THE SAME PREMISES. Moved by Alderman Still that Ordinance No. 2753 be passed. Motion seconded by Alderman Taylor. Alderman Still explained that under the present regulations where dancing is permitted, under the existing ordinance they can construct a building next door and sell beer in cartons which can be taken inside the dance hall and consumed. In this way we restrict enforcement of the Alcoholic Beverage Commission. He explained that he has checked into this matter and the Liquor Control Board would prefer that they have some authority in dance halls in the enforcement of the liquor laws. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 5a The public hearing on annexation was opened. Tract I was the first area to be considered. II i Mr. Robert Diggs appeared for the Henry Schultz property on the Seymour High- way and Barnett Road, excluding the motel. He does not feel that any developer will use this land as long as it has oil production on it. He believes it should i I be taxed as other agricultural and grazing lands. He owns a tract of land near the new stadium. He would like to see the taxes left off. He stated that they had increased from $40.00 to $700.00. He mentioned other properties in which taxes have been raised. He was questioned about the value of it, and he stated that he does not see how a value could be put on it until a person sells it. It was purchased for about $500.00 per acre. Mayor Wallander inquired if he knew what land was sell- ing for now. He stated that a bid had been received on some property in the amount of $750.00 per acre. He commented on some land which he owns in Arkansas. He expressed appreciation to Mr. Howard for the coverage given in the newspaper, as well as to the Council and Planning Board. Joe Martini appeared, stating that he owns 45 acres. He farmed it for a while, but has quit now, stating he cannot make the taxes on it. It is all farming and grazing land and does not see why it belong in the city limits. The taxes rose four times as much as when he purchased it in 1947-49. He paid over $100.00 per acre at that time. He stated that he does not know what to offer the land for sale because none has sold out there recently. Mayor Wallander expressed the Council's desire to make Wichita Falls the best place in the world to live. Mrs. J. F. Shores, Bartosh Lane, appeared, requesting that they not be taken into the city limits until they have some improvements, such as sewer. They would like to rebuild their house, but cannot do so until sewers are installed. Mayor i Wallander stated that if they were annexed they would receive the same services as other citizens for their tax dollars. Sewers are usually installed by the i i 65,8 Item 5a, cont 'd. developers and are a revenue service. Alderman Lambert explained that this area is completely surrounded by the city limits except this one little area. He stated that if the City waits until an area is already developed then they would have no way to control standards of development. Mrs. Shores stated that they would rather not be annexed until the highway is in and the sewer installed. Tract II was considered. W. J. Thompson appeared as a representative of Bashara-Thompson properties, and himself personally. He suggested that he knew the City is doing all necessary things to notify the people by placing the notice in the paper. He requested, however, that in the future they send a letter to the citizens affected. He suggested that a year's notice be given to the party who owns the property. He recommended that his portion be accepted on the recommenda- tion of the Planning Board. He has a small division called Cimarron Subdivision. This addition is limited to 40 sewer connections. He requested the exception of the 20-acre Cimarron Subdivision. Neal Kreutzer appeared, representing the Fort Worth and Denver Railway, stat- ing that they object to annexation of Tract II, and requested that it be disapproved. Tract III was considered. Ed McDonald appeared as president of the Board of Commerce and Industry, opposing annexation of the Allis Chalmers plant. He stated that they have worked hard in obtaining industry, and that they strongly urge that the Council support the recommendation of the Planning Board in not annex- ing this tract at this time. Tract IV was considered. W. B. Hursh appeared in opposition to annexation of this property. He mentioned some strips of land which were annexed last year. He mentioned that they had had a part in the installation of Midwestern Parkway from Armory Road to the Expressway, as well as other developments they have had a part in. Tract V was considered. This is the transmission line right-of-way extend- ing toward Lake Arrowhead. Frank Douthitt, Attorney from Henrietta, appeared on behalf of various prop- erty owners which would be affected. He stated that as he sees it the reasons given for annexation are protection, municipal court power and taxing power. He stated that there is presently a J. P. Court in Clay County, and that he does not know of any request for cooperation with Clay County from the City of Wichita Falls. He stated that the City had tax power. He mentioned police and protection power in annexed areas, stating that he did not see that we needed any police and protec- tion powers that we do not already have. We also have lease restrictions for those lease holders at the lake. He mentioned garbage collection and exclusive right to furnish water. He mentioned the validity of annexation, stating that this type of annexation may not be settled in Texas. Most strip annexation has not been upheld. He questioned whether this is constitutional. The boundaries of the City are set out in the Charter. Each time the City annexes, it changes the boundaries. He stated that Clay County would like some consideration in the planning for annexation for this area. Many people were recognized as interested parties in the audience who have lake lots at Lake Arrowhead. Alderman Lambert explained the purpose of this annexation. This is an effort to annex under the present framework of the Texas laws and this is the only way we can annex the city property at Lake Arrowhead. He stated that they have no desire to bring out the city limits to use the areas for future annexation. Police power is the purpose for it. He recognizes there is a conflict of interest, but feels this is best for the citizens of Wichita Falls. Mr. Fletcher appeared as County Judge of Clay County, stating that he does not recall any request to Clay County that this property be annexed, and that until the City comes to them to work with them in annexation, they will still be here opposing it. He feels there will be some problems, but none that cannot be worked out. Jim Hill, Developer of Arrowhead Ranch Estates, stated that the proposed annexation crosses their development. He explained that he would like to be able to tell those people who call him what the intention of the Council is. Alderman Lambert explained that they have no desire to annex them; that if they 659 Item 5a, cont'd. wanted to annex Arrowhead Ranch Estates they could do so in a more orderly process. The sole purpose of this annexation is to annex Lake Arrowhead. They have no intention of annexing on each side of the transmission line. Mayor Wallander stated that if they had not talked with the officials in Clay County, it was not to slight them. If they desire to oppose anything the City does, he hopes it will continue to be in a friendly way. W. J. Thompson inquired why we did not annex the transmission line to Lake Kickapoo. The City Manager mentioned the remoteness to Lake Kickapoo. There are no intentions to annex Lake Kickapoo, but feel it is necessary to annex Lake Arrowhead. The public hearing was closed. An appropriation ordinance was presented. City Attorney H. P. Hodge, Jr. mentioned that this ordinance arises out of a lawsuit for septic tank damages at the airport. The suit was settled for $5,000.00. He recommended that the Council approve an appropriation ordinance in settlement of this suit. ORDINANCE NO. 2754 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBER 21-000-4520, AND DECLARING AN EMERGENCY. Moved by Alderman Lambert that Ordinance No. 2754 be passed. I Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Taylor, Lambert, Still, Boyd, and McCullough (Alderman Campsey gone) Nays : None Item 7 A proposed resolution was presented authorizing updating of a proposal to a property owner on the Kell Freeway project. r RESOLUTION NO. 1362 WHEREAS, by the adoption of Resolution No. 1071, the Board of Aldermen of the City of Wichita Falls has heretofore found that it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-071, and approved the appraised value of such property; and, WHEREAS, the appraisal of such property has now been updated by the independent appraiser employed by the Texas State Highway Department to reflect present market prices, and this updated appraisal has been approved by the Texas State Highway Department and has been studied by the Board of Aldermen, and a copy of same 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 project and property to be purchased by Warranty Deed and or Quit Claim Deed is as follows : Kell Freeway, Project 52-071 Warranty Deed and/or Quit Claim Deed 4.405 acres of land out of Lots A, B, C and D, Block 19, Mesa Irrigated Farms, J. A. Kemp Subdivision, William Mayer Survey, Abs. 193 Combined total of value approved in this resolution ------------- $8,450.00 SECTION NO. 2 The updated value of such property is 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 and or Quit Claim 660 Item 7, cont'd. Deed, such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is the state approved value as determined from the updated appraisal (rather than the original appraisal approved by the resolu- tion set out above) made by the independent real estate appraiser employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase such tract for such approved updated 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 Taylor that Resolution No. 1362 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 8a A proposed resolution was presented awarding the bid for the airport terminal expansion project to Meyers Bros. , Inc. , in the amount of $73,366.00. RESOLUTION NO. 1363 RESOLUTION ACCEPTING BID OF MEYERS BROS. , INC. FOR MUNICIPAL AIRPORT TERMINAL EXPANSION PROJECT. WHEREAS , heretofore the City of Wichita Falls advertised for competitive bids for the construction of the Municipal Airport Terminal Expansion Project; and, WHEREAS, six bids were received and the bid of Meyers Bros. , Inc. was the lowest and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The bid of Meyers Bros. , Inc. in the amount of $73,366.00 is hereby accepted, and the City Manager is authorized to execute, for the City of Wichita Falls, a contract with said bidder for the construction of such project. Moved by Alderman Boyd that Resolution No. 1363 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Taylor, Lambert, Still, Boyd, and McCullough Nays : None ' Item 8b Bids were considered on ready-mix concrete and bulk cement. Moved by Alderman Boyd that the bid of H.C.C. , Inc. , be accepted. Motion seconded by Alderman Still. Tom Foley appeared representing City Concrete Company, concerning the additive quickset in the ready-mix concrete. He stated that he believed the D 6 and .12 sk were the same. Ben Shelton explained that there was no recommendation in the specifications as to the amount of the additive. Scott Hunter appeared as president of Hunter Concrete Company. He stated that he bid .06 per sack, and he understood that it was one percent. Alderman Boyd stated that he felt in order to be fair, all bids should be voided and re- submitted due to a technicality. Mr. Foley had a suggestion for awarding the bid in the event they come in the same time next time. It was stated that there is a way of deciding identical bids. ' # 661 Item 8b, cont'd. Moved by Alderman Boyd that the bids be voided, and re-advertise for bids for ready mix and bulk cement. Motion seconded by Alderman Still, and carried unanimously. Item 9 A A proposed resolution was presented approving a change order and final estimate for sanitary sewer improvements in Mimosa Heights Subdivision. This will change the contract price from $4,399.50 to $4,477.15 , to Costello Construction Company. RESOLUTION NO. 1364 WHEREAS, the City of Wichita Falls and Costello Construction Company entered into a contract dated August 15, 1972, wherein said contractor agreed to construct certain Sanitary Sewer Extensions, Project 89-168-05; and, WHEREAS, said improvements have been completed in accordance with plans and specifications; and, WHEREAS, a change order and a final estimate have been submitted on this pro- ject, which final estimate shows a total amount of work done as $4,477.15, none of which has previously been paid to the Contractor, leaving a balance of $4,477.15; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The construction of such sanitary sewer extensions is accepted by the City of Wichita Falls, the change order and 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 Still that Resolution No. 1364 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 10 Permission was requested to advertise for bids for annual replacements for f, automotive and truck requirements for various city departments. Alderman Boyd made several comments, recommending that the police department vehicles only be authorized for bids. He stated there are many questions which should be answered before we spend this amount of money. He suggested that Alder- man Campsey be appointed as Chairman of a committee to investigate justification of this recommendation. He stated that he would like to know that this is the minimum requirements that the City needs to operate, and he does not know this at this time. Mayor Wallander pointed out that we might be jeopardizing a good bid if we exclude the police vehicles. City Manager Gerald Fox stated that the needs of the departments have been thoroughly discussed with each department in submitting the budget. An annual re- placement program has been established. The City operates on wheels , and unless the Council provides the wheels then we will be in bad shape to operate the services of the City. Detailed information can be provided the Council before their decision is made if they want to spend the time necessary to do this. It has been thoroughly discussed before presenting this recommendation. Alderman Taylor stated that he felt they should go along with the recommenda- tion of the staff, and show their confidence in them. He explained that he does not have time to study all these details. Alderman Boyd questioned the justification for the aerial basket truck for the Traffic Engineering Department. He stated that we have been renting a service from � s 662 t, " Item 10, cont'd. Texas Electric Company to retain our freeway lighting system. We paid $5,725 last year for that service, and does not feel it will be possible to save any money. He feels the City has already paid for the truck that Texas Electric uses. He feels more contracting work should be done rather than purchasing certain equip- ment. Eddie Whitnell, Director of Traffic, stated that their intent is to have the most efficient operating department in the United States. If they have missed the boat, then he apologizes, but does not feel that they have. They started do- ing this work themselves. They use two men and a supervisor. There are several costs not included in this cost to Texas Electric. This vehicle was substituted in place of a 3/4 ton pick-up. This vehicle can be used in other areas , such as the sirens, and lighting for the Park Department ball diamonds. The City Manager stated that Texas Electric uses four men as compared to our two. He also stated that he believes the staff uses the most economical means that can be accomplished, no matter what it is. Eddie Whitnell further explained that this is a long life piece of equipment - 10 years or more. Alderman Boyd stated that he is not try- ing to downgrade the staff; that he is working toward the same goal. The City Manager explained that the park concessions and tennis centers are examples of contracting with individuals, instead of doing it ourselves. Ernest Lillard explained that the equipment is not always available when we need it, and work has to be scheduled to meet this. The City needs to own it in order to get the most benefit. Alderman Still inquired how long it will take to receive these bids and get back to the Council. Ben Shelton stated it would take approximately 20 days. Moved by Alderman Still that authority be granted to advertise for bids for vehicles, as requested. Motion seconded by Alderman Boyd, and carried unanimously. t Item 11 Moved by Alderman Lambert that minutes of the meeting of the Park Board held October 24, 1972, be received. Motion seconded by Alderman Still, and carried unanimously. Item 12 Moved by Alderman Still that sewer reimbursement contract payments be approved in a total amount of $687.51, as follows. Skyline Developers , Inc. , Sewer, Section 2-A in Fountain Park, from September 17, 1971 to September 17, 1972; $494.14 Hawkeye Development Company, Sewer, Section E-3, Exhibit A of University Park from September 6, 1971 to September 6, 1972; $193.37 Motion seconded by Alderman Taylor, and carried unanimously. Mayor Wallander stated that he feels that revenue sharing should be discussed with the citizens. A public hearing was set for Monday, November 20, 1972, at 7:30 P.M. , inviting the public to exchange any ideas for revenue sharing. Moved by Alderman Still that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 12:40 P.M. PASSED AND APPROVED this ,�/ ,day of �`a �liC/ 1972. ATTEST: �7 mayor City Clerk DEPARTMENT OF PUL'LIC UTILITIES Project Sanitary Sewer Improvement - Mimosa Heights Contractor Costello Construction Company Monthly Estimate No, Final Project No, 89-168-05 Contract Amount $4,399.50 Contract Working Days Working Days Used Per Cent of Work Completed 100 Per Cent of Time Used Date 11-2-72 r m Item I Unit Of Protect Total Work Done Contrcct Measure I Estimate Quantities On Contract Price i Amount =-;6" VCT 4 - Depth L.F. I 430 430 I 2. 75 !6" VCT 6'-8' Depth L.F. 470 402 3. 00 ! 1,206.00 I " VCT 8'-10' Depth I L.F. -0- 100 3• 75 375.00 Basic M.H. 0-4' Depth Ea. I3 2 7 1 00.00 I 380.00 3A' :Cleanout Ea . -0- 1 50.00 50.00 3B' Si hon Ea . -0- 1 1 100.00 I 100.00 4' 'Extra Depth Manholes L.F. 7 3 22.00 j 66.00 5116" X 4" Wye Connections 1 9 9 12.00 I 108.00 6' �As halt Pavement Replacement i S.Y. 300. 310.66 1 3.25 1,009.65 I I i I I " I i 1 I I I i i ! I I I I ► I � i I " I 1 ! 1 I I I 1 i i I I I I I i 1 i 1 Total Amount of Work Done i3-reptred By. Less Retainage . , , , , , • . • • $ -0- Difference . . , . , , $ 4,477. 15 Submitted By Less Special Deductions $ -0- Less Liquidated Damage ' $ -0- oved By: Joe C. Smith Less Previous Payments $ -0- rector of Public Utilities Amounc Die This Zbtittmste .. . . ..... $ 4,477. 15 t:.ii:N P_ COSTELLO .r'HTH STREET COSITELLO CONSTRUCTION COMPANY %#ewer "nu ➢ 1VE Line wirtt�r i i G Specialty" POST OFFICE BOX 898 PHONE 322.8449 WICHITA FALLS, TEXAS 76301 Oct. 30, 1972. t'Jerald Fox City Manager, City of Wichita. Falls, Janitary Sewer Improvements. .for Mimosa Htts. Additlbon-City of Wichita Falls, Texas. 4..') feet 6" V. C. Se?:rer- Depth 4 t to 6' $2.75@ s17i82.50 2- 1+70 t it it Jppth 6 t to 81 3.00@ 19410.00 3- a - Basic Manholes C-41 depth 100.00 380.00 4- 3 L.F. extra Depth Y.H. �22.00 66.00 5- 9- 6x4. Wye s 12.00�x 108.00 6- 300 S. Y. Asphalt ?e-pairs 3.25 975,00 Extras- 32 extra feet 611 61 to out 3.00 96,00 100 feet extra depth 81 to 9t' .75 75.00 1 Clean out 50.00 1- Siphon 100.00 32 Extra feet As�oalt 10 2-3 S. Y. 3.2% 34.6 $ 77.1 This letter is to certify that se�•!ers were installed according to Cityts lines and grades, and under City' s specificetl.ons and Inspector. That all labor, equipment and materials have been paid. Cos/ ello Constri.wtion Company APPROVED BY: Joe C. Smith Director of Public utilities CHANGE ORDER Tabulated below is a final change order brought about by various field changes: A. Added Quantities Item Description Total Work Unit Total Done Price 2A 6" VCT-Depth 8'-10' 100 Ft. 3. 75 375.00 3A Cleanout 1 Ea. 50.00 50.00 3B Siphon 1 Ea. 100.00 100.00 6 Asphalt Repairs 10.66 S.Y. 3.25 34.65 Total $ 559.65 B. Deleted Quantities Item Description Total Work Unit Total ' Done Price 2 6" VCT-Depth 6'-8' 68 L.F. 3.00 204.00 3 Basic Manhole 1 Ea. 190.00 190.00 4 Extra Depth Manhole 4 L.F. 22.00 88.00 Total $ 482.00 DIFFERENCE: Added $ 559.65 Deleted $ 482.00 Diff. $ 77.65 Approved By ' Joe C. Smith Director of Public Utilities