Min 02/06/1973 692
Wichita Falls, Texas
Memorial Auditorium Building
February 6, 1973
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 X
Larry Lambert 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 Alderman Still.
Item 3
Moved by Alderman Boyd that minutes of the meeting held January 16, 1973, be
approved.
Motion seconded by Alderman Still, and carried unanimously.
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Item 4
Mayor Wallander presented an Honorary Citizen award to Paul J. Wehner as
Airman of the Month.
Item 5
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A proposed appropriation ordinance was presented for revenue sharing projects
of street reconstruction, sanitation equipment, and street surface treatment total-
ing $115,000.
� j ORDINANCE NO. 2761
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO
PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Still that Ordinance No. 2761 be passed.
Motion seconded by Alderman Taylor.
Alderman Boyd objected to the sanitation equipment being financed with re-
venue sharing funds, stating that it should come from budgeted operating funds.
Alderman Boyd moved a substitute motion that Ordinance No. 2761 be adopted
deleting $15,000 for sanitation equipment and that the total be reduced to $100,000.
Alderman Lambert stated that he felt the same thing might apply with street
reconstruction and street surface treatment. Alderman Boyd stated that he believed
the sanitation equipment is a recurring item.
Motion seconded by Alderman Campsey, and lost by the following vote:
Ayes : Aldermen Campsey and Boyd
Nays : Mayor Wallander, Aldermen Taylor, Lambert, Still and McCullough.
L.
693
Item 5, cont'd.
The original motion for passage of Ordinance No. 2761 was carried by the
following vote:
Ayes : Mayor Wallander, Aldermen Campsey, Taylor, Lambert, Still, and MCcullough.
Nays : Alderman Boyd.
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i Item 6a
(' A proposed ordinance was presented, reducing one civil service position of
fire communications operator.
ORDINANCE NO. 2762
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ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY OF
WICHITA FALLS BY REDUCING THE NUMBER OF POSITIONS IN THE CLASSIFICATION
OF COMMUNICATIONS OPERATOR.
Moved by Alderman Still that Ordinance No. 2762 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None
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Item 6b
/ A proposed ordinance was presented regulating signs on public right-of-way.
Eddie Whitnell, Director of Traffic, explained that the area most affected would
be the removal of signs from the public right-of-way next to streets, which would
be approximately a 10-15 feet area. Traffic and Public Safety Departments would
be responsible for enforcement.
ORDINANCE NO. 2763
AN ORDINANCE REGULATING THE PLACING OF SIGNS ON AND OVER PUBLIC PROPERTY
AND ON UTILITY POLES , AND AMENDING AND REPEALING PARTS OF SECTION 7-15
AND SECTION 29-77 OF THE CODE OF ORDINANCES.
Moved by Alderman Boyd that Ordinance No. 2763 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None.
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Item 6c
A proposed ordinance was presented accepting improvements on Beverly Drive,
which is a part of the 1972 Reconstruction program.
4 ORDINANCE NO. 2764
ORDINANCE ACCEPTING IMPROVEMENTS ON BEVERLY DRIVE, 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 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 Still that Ordinance No. 2764 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
694
Item 6c, cont'd.
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays: None
f' Item 7a
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A proposal was presented requesting extension of the lease to Community
Action Corporation for space at the Health Center for the family planning program.
Alderman Still inquired into the effectiveness of this program. Dr. Parker stated
that the Board of Health has no supervision of this program - they only furnish
office space, and he preferred not to comment on it. Alderman Still stated that
it looks as if we have a space problem, and if this program is not effective then
perhaps it should be discontinued. Dr. Parker explained that the space is commonly
used by both agencies. City Manager Gerald Fox stated that this space is growth
space, which can be utilized by CAC as long as we do not need it. The space is
an in-kind contribution by the City. Alderman Still explained that he felt the
Council should be informed on the effectiveness of the program. It was pointed
out that Dr. Theimer mentioned in his letter that he felt the program was accom-
plishing its specified purpose. Mayor Wallander recommended that this be post-
poned until the second meeting in February, and let Dr. Theimer give them a report.
Alderman Taylor stated that he felt there was nothing wrong in giving them the
space. The matter was postponed.
Item 7b
A proposed resolution was presented authorizing extension of time on the
Gilvin-Terrill contract for railroad relocation. They have been unavoidably delayed
because of the railroad not having completed the work assigned to them.
RESOLUTION NO. 1378
RESOLUTION ALLOWING GILVIN-TERRILL, INC. EXTENSION OF TIME FOR
COMPLETION OF CONTRACT FOR RELOCATION OF FORTH WORTH AND DENVER
RAILROAD.
WHEREAS, heretofore the City of Wichita Falls and Gilvin-Terrill, Inc. entered
into a contract dated September 15, 1971, whereby the contractor was to relocate
certain Fort Worth and Denver railroad facilities in connection with the Kell Free-
way constuction, which contract required the contractor to substantially complete
the work within 225 working days; and,
WHEREAS, Section 4.02 of the general conditions of such contract provided
that, should the contractor be delayed in the completion of the work by unavoidable
causes beyond the contractor 's control, an extension of time shall be allowed for
completing the work, sufficient to compensate for the delay, the amount of the
extension to be determined by the engineer, Forrest and Cotton, Inc. ; and,
WHEREAS, the contractor has requested a contract time extension of 100 work-
ing days, because of delays beyond its control during the progress of construction,
and Forrest and Cotton, Inc. has recommended that such request be granted.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
The request of Gilvin-Terrill, Inc. for a contract time extension of 100
working days under such contract of September 15, 1971 is hereby allowed and granted.
Moved by Alderman Boyd that Resolution No. 1378 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 7c
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A proposed resolution was presented approving an appraisal and authorizing
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approval of purchase of drainage easement on Harding Street property. The City
had not previously purchased this 12 foot easement.
695
Item 7c, cont'd. i
RESOLUTION NO. 1379
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 value has been determined by the Public Works Depart-
ment of the City of Wichita Falls and the amount of the value has been studied by
the Board of Aldermen, and a copy of the value 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 value of such property is hereby approved and the City
Manager is hereby authorized to purchase by easement such tract of land as shown
on the project right-of-way map. The authorized price to be paid for such tract
is the value as determined by the Public Works Department of the City of Wichita
Falls.
Section No. 3 In the event the City Manager is unable to purchase any tract
for such value, he is hereby authorized and directed to cause to be instituted
condemnation proceedings to obtain such tract in the name of the City of Wichita
Falls.
Moved by Alderman Still that Resolution No. 1379 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 7d
�. A proposed resolution was presented creating a City-County Joint Airport
Zoning Board. Appointment of two members was also recommended.
' RESOLUTION NO. 1380
RESOLUTION CREATING A CITY-COUNTY JOINT AIRPORT ZONING BOARD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Section 1. In cooperation with the County of Wichita Falls, Texas, there is
hereby created a joint airport zoning board, to be known as the Wichita Falls-
Wichita County Airport Zoning Board, which board shall have power to adopt, ad-
minister and enforce airport zoning regulations applicable to airport hazard
areas, as authorized by the Airport Zoning Act, Articles 46e-1 to 46e-15, Revised
Civil Statutes of Texas.
Section 2. Such joing board shall be composed of five members ; two members
shall be appointed by the City, two members shall be appointed by the County, and
in addition a chairman shall be elected by a majority of the members so appointed.
Such members shall serve without pay.
Section 3. The two City members of the board shall be appointed by the Mayor
and approved by the Board of Aldermen. The terms of such members shall be for a
period of two years, and thereafter until their successors are appointed and quali-
fied; however, the initial terms shall be staggered so that one of such members
shall be initially appointed for a term ending December 31, 1973, and the other
such member shall be initially appointed for a term ending December 31, 1974. All
vacancies in the positions appointed by the City shall be filled by appointment
of the Mayor with the approval of the Board of Aldermen, and shall be for the
remainder of the term of the vacating member. Any member of the board appointed
by the City may be removed at any time by a 5/7ths majority vote of the Board of
Aldermen, and no reason need be given for such removal.
Section 4. The chairman shall be elected for a term of two years, with the
initial term ending December 31, 1974.
696
Item 7d, cont'd.
Section 5. Such board shall adopt such rules and regulations governing its
proceedings as it may deem proper, including the time and place of meetings. Three
of the appointed members shall constitute a quorum.
Section 6. The board shall have the duties and authorities provided in the
Airport Zoning Act.
Moved by Alderman Still that Resolution No. 1380 be passed, and that Howard
Allison be appointed for a term to expire December 31, 1973, and Robert Hillery
be appointed for a term to expire December 31, 1974.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough
Nays : None
Item 8a
j Bids were considered on sanitary sewer improvements for Beverly Industrial
District. A proposed resolution was presented awarding the low bid to B & G Utility
Construction, Inc. , in the amount of $11,293.45.
RESOLUTION NO. 1381
WHEREAS, heretofore the City of Wichita Falls advertised for competitive bids
for Sanitary Sewer Improvements in Beverly Industrial District; and,
WHEREAS, the City received three (3) bids, and the bid of B & G Utility Con-
struction, Inc. of Burkburnett, Texas , in the amount of Eleven Thousand Two Hundred
Ninety-Three Dollars and Forty Five Cents ($11,293.45) , is the low and best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS , THAT:
The bid of B & G Utility Construction, Inc. in the amount of Eleven Thousand
Two Hundred Ninety-Three Dollars and Fort Five Cents ($11,293.45) is hereby accepted,
and the City Manager is authorized to execute for the City of Wichita Falls, a
contract with said bidder for the Sanitary Sewer Improvements.
Moved by Alderman Taylor that Resolution No. 1381 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 8b
Bids were considered on an estimated annual supply of tires and tubes. It
was recommended that the low bid be awarded to Gulley Tire Company, Wichita Falls,
in the net amount of $32,157.58. -
Moved by Alderman Still that the bid for tires and tubes be awarded as rec-
ommended.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 8c
Bids were considered on an estimated annual supply of gasoline. It was rec-
ommended that the bid be awarded to Exxon, USA in a net amount of 0.1888 per gallon,
or $113,280.00.
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Moved by Alderman Still that the bid for gasoline be awarded as recommended.
Motion seconded by Alderman Taylor, and carried unanimously.
697
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Item 8d
Five firms were invited to bid on an estimated annual supply of linen service;
however, only one bid was received. It was recommended that the bid be awarded to
National Linen Service, Wichita Falls, in the amount of $5,986.08.
Moved by Alderman Still that the bid be awarded to National Linen Service as
recommended.
Motion seconded by Alderman Boyd, and carried unanimously.
Alderman Boyd stated that he would personally like to contact other linen
companies to find out why they are not bidding.
1 Item 9
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f Permission was requested to advertise for bids for the following.
a. Flat wheel roller for Street Department
b. Two 27,500 GVW truck chassis
c. Mercury vapor light fixtures for Hamilton Park Baseball fields.
Moved by Alderman Campsey that authority be granted to advertise for bids as
requested.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Still, and McCullough
Nays: Alderman Boyd.
Item 10
Moved by Alderman Boyd that minutes of the meetings of the Board of Electrical
Examiners held December 12, 1972, and the Park Board held January 23, 1973, be
received.
Motion seconded by Alderman Campsey, and carried unanimously.
Alderman Still commented that the City has received a confirmation letter on
the federal park improvement grant.
Item lla
Moved by Alderman Lambert that the following water reimbursement contract pay-
ment be approved in the amount of $266.85.
D. C. Powell, Water, Omega Addition, Section Two, Exhibit A, from
December 17, 1971 to December 17, 1972; $266.85
Motion seconded by Alderman Still, and carried unanimously.
Item llb
Moved by Alderman Boyd that the annual financial report for the fiscal year
1971-72 be received.
Motion seconded by Alderman Taylor, and carried unanimously.
f,
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Item llc
1
Authority was requested for a grant application for funding a crime preven-
tion unit in the Police Department. The City Manager explained that the purpose
of this is to establish a community relations division, consisting of two officers
and a secretary. This would enable them to work more closely with groups in crime
prevention. The grant would amount to $32,244.00, or 75 percent of salaries of
these three personnel, plus equipment necessary to activate this unit. On a re-
quest basis they could provide this service to neighboring cities.
698
Item llc, cont'd.
Moved by Alderman Campsey that the City Manager be authorized to complete
the necessary application forms for this program.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Alderman Lambert mentioned the recent sewer problem on the drainage ditch
that flows behind Melody Street. Joe Smith explained that the problem was caused
by all lines being full of water from excessive rain. In order to keep the sewers
from backing into homes, holes were knocked in the top of some of the man holes
to relieve the overflow of water which was in the system at that time. This prob-
lem also occurs on the north side of town during heavy rains. An old sewer line
collapsed due to overload during the heavy rain. The City Manager explained that
the solution is a long range problem to replace the old lines and infiltration
lines. Joe Smith stated that they believe 75 percent of the infiltration is com-
ing from house service lines not on city property.
The meeting adjourned at 11 :15 A:M.
PASSED AND APPROVED this day of 1973.
Mayor
ATTEST:
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City C1 rk