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Min 04/21/1981 19 Wichita Falls, Texas Memorial Auditorium Building April 21 , 1981 Items I & 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 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Gene Shearman John Hampton, Jr. Carol Russell Aldermen Curtis Smith James B. Thomas Horace 0. Boston Dane Bennett Acting City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Arthur Dewitt Assistant Accounting Officer The invocation was given by Chuck Miller, Eden Hills Baptist Church. Item 3 Moved by Alderman Russell that minutes of the meeting held April 7, 1981 , be approved. Motion seconded by Alderman Boston, and carried unanimously. Alderman Smith left the meeting, and did not return. Items 4a - 8e Item 5a was moved to the regular agenda. Moved by Alderman Hampton that the remaining items on the consent agenda be approved. Motion seconded by Alderman Russell . Item 4a ORDINANCE NO. 3782 AN ORDINANCE AMENDING GENERAL FUND APPROPRIATIONS. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: None Item 4b ORDINANCE NO. 3783 ORDINANCE GRANTING WAIVER OF SECTIONS 8-2, 8-15, 8-16, AND 27-5 OF THE CODE OF ORDINANCES ON MAY 4, 1981 FOR FESTIVAL OF MUSIC IN THE CENTRAL BUSINESS DISTRICT. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: None 20 ,/,, Item 4c VORDINANCE NO. 3784 ORDINANCE GRANTING WAIVER OF SECTIONS 8-2 AND 27-5 OF THE CODE OF ORDINANCES ON MAY 9, 1981 FOR FESTIVAL OF MUSIC IN THE CENTRAL BUSINESS DISTRICT. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: None ,/Item 6a The bid for high pressure sodium street light fixtures was awarded to United Electric Company in the amount of $14,754.96. The bid for lamps was awarded to Cummins Supply Company in the amount of $1 ,734.60. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None Item 6b The bid for street light lamps and luminaires for parking areas at Municipal Airport was awarded to United Electric Company in the amount of $3,450.00. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: None VItem 6c Bids for an annual supply of water treatment chemicals were awarded as follows. a. 100,000 pounds sodium hexametaphosphate--Chemical Supply--$47.73 per hundred pounds b. 500 tons ferrous sulphate (bulk)--Chemical Supply--$162.87 per ton; 160,000 pounds ferrous sulphate (bags)--Chemical Supply--$229.64 per ton c. 360,000 pounds silicate of soda (tank cars)--Chemical Supply--$6.02 per hundred pounds ; 45,000 pounds silicate of soda (truck loads)-- Chemical Supply--$6.71 per hundred pounds . d. 3000 tons quicklime--Texas Lime Company--$61 .00 per ton, plus $47.88 per load fuel surcharge. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None Item 6d RESOLUTION NO. 2769 RESOLUTION AWARDING CONTRACT FOR THE 1981 SEAL COAT PROGRAM TO LIPHAM CONSTRUCTION COMPANY, INC. WHEREAS, the City of Wichita Falls had advertised for bids for the construction of the 1981 Seal Coat Program; and, WHEREAS, three bids were received, and it is found that the bid of Lipham Construction Company, Inc. in the amount of $123,409.23 is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Lipham Construction Company, Inc. in the amount of $123,409.23 is hereby accepted, and the City Manager is authorized to execute a contract with Lipham Construction Company, Inc. for the construction of such improvement. 21 Item 6d, cont'd. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None ' Item 7a Authority was granted to advertise for bids to replace main water service line in Memorial Auditorium. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None / Item 8 Minutes of the meetings of the following boards and commissions were received. a. Planning Board--April 8, 1981 b. Board of Electrical Examiners--April 9, 1981 c. Parks Board--March 26, 1981 nd April 2, 1981 d. Clean Community Commission--March 12 a Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None , Item 5a A proposed resolution was presented authorizing purchase of certain properties, and the payment of relocation expenses for the Midtown 2000 project. Alderman Shearman asked where this property is located, and what is its intended use? Director of Public Works Ernest Lillard stated that it is the old State Theatre property, and will be used as a walkway from parking lots to those businesses in the midtown area. It was noted that parking is for public use, as opposed to private. RESOLUTION NO. 2770 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTY AND PAYMENT OF RELOCATION EXPENSES FOR THE MIDTOWN "2000" IMPROVEMENT PROJECT. WHEREAS, it is necessary to acquire the property hereinafter described for Midtown "2000" Improvement Project; and, WHEREAS, such property has been appraised by an independent appraiser employed by the City for this purpose, and the amount of the appraisal has been studied by the Board of Aldermen, and copy of same is now in possession of the Director of Public Works. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following property in Wichita Falls, Texas: MIDTOWN "2000" IMPROVEMENT PROJECT Lot 11 , Block 176, Original Townsite, Wichita Falls, Wichita County, Tex. Total value approved in this resolution--------------------------$22,000. Section No. 2 The approved value of such property is hereby approved and hereby authorized to purchase by Warranty Deed such tract the City Manager is of land in the name of the City of Wichita Falls , Texas. The authorized price to be paid for such tract is the value as determined by the appraisal made by appraAser referred to above. 22 Item 5a, cont'd. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such property makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b Revised Civil Statutes of Texas. Section No. 4 In event the City Manager is unable to purchase any such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the CitY of Wichita Falls, Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Moved by Alderman Hampton that Resolution No. 2770 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Thomas, and Boston Nays : Alderman Shearman Item 9a The public hearing was opened on hazardous structures. City Attorney H. P. Hodge Jr. stated that the property shown as 1810 Burnett (mill ) is owned by a banker in Brownwood, and he has not been notified of this hearing. He recommended that this property be deleted from the ordinance, stating that the City will proceed with the regular steps to notify the owner of this property. Joe Ryckoff, Chief Code Enforcement Officer, stated that ownership of the property at 2308 Buchanan (rear) has changed. He recommended that this property also be removed, and that the normal steps be taken to notify the new owner of the property. .ORDINANCE NO. 3785 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 3785 be passed, deleting the two properties mentioned. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: None Item 9b A public hearing was opened on the 1981-82 Community Development Block Grant application. Tommy Robinson, 708 Jalonic, appeared for the Kemp-Sunnyside group. He reminded the Council again of their requests for these funds. They will still appreciate any assistance which may be given. Alderman Shearman asked how these funds are divided? Gordon Beck, Assistant Director of Planning, stated that established neighborhoods in the City are designated as target areas. Only certain areas are eligible for these funds. A general meeting is held where anyone in the city can suggest projects to be funded. They also have a hotline for call-in requests. They have neighborhood meetings for people to present their requests. It is then presented to the Board of Aldermen for their review, 23 Item 9b, cont'd. Alderman Shearman asked what the $105,000 for Bellevue Park is supposed to represent? Gordon Beck stated that it was for reconstruction and beautification of the park. Alderman Shearman noted that other parks have much less funds allocated to them. He stated that it seems like a lot of money for one park in comparison to others. Bill Hursh, Director of Parks and Recreation, stated that in the past they have spent larger amounts of money on these other parks. Bellevue has had considerably less money spent on it in the past. Alderman Shearman also asked about the $80,000 to Holliday Creek right-of-way and channel improvements. He noted that the new complex which will be located near Sikes will have a lot of concrete to drain, and this seems like such a small amount. Mayor Hill stated that it does seem small , but they are hoping that property owners in the area will donate some of this right-of-way to the City. He mentioned the city, school , and other owners of property in that area. /RESOLUTION NO. 2771 A RESOLUTION APPROVING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An application for Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1974 as amended by the 1980 Act is hereby approved, and the City Manager is authorized and directed to complete and file the application for such grant with the Department of Housing and Urban Development. The City Manager is further authorized to execute any necessary documents requested to carry out and complete such grant including grant agreement. The application shall include a Community Profile, Summary of Community Development and Housing Needs, Comprehensive Strategy, Three Year Summary, Project Summary, Cost Summary, Maps, and the Housing Assistance Plan. Further, such application shall contain certifications providing the assurances which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. Moved by Alderman Russell that Resolution No. 2771 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas , and Boston Nays : None ,,' Item 10a Gwendolyn Meggs, Airport employee, was honored as the April Employee of the Month. Mayor Hill presented her with a plaque and two tickets each to a theatre and dinner. Item lla A proposed ordinance was presented waiving certain provisions of the Code of Ordinances to allow sale, possession, and/or consumption of alcoholic beverages at the Farmers ' Market and downtown mini park. ORDINANCE NO. 3786 ORDINANCE WAIVING CERTAIN REQUIREMENTS OF SECTION 22-1 , PARAGRAPH (a) OF THE CODE OF ORDINANCES, AND ORDINANCE NO. 3363 FOR WEEK OF MUSIC CELEBRATION IN DOWNTOWN MINI PARK AND THE FARMER'S MARKET ON MAY 9, 1981 . Moved by Alderman Thomas that Ordinance No. 3786 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. 24 Item lla, cont'd. Ayes: Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: Mayor Hill ,, Item 12a A proposed resolution was presented approving contract for a pipeline across and along the railroad for a water line. It was recommended by the City Attorney that the contract be approved subject to a change of wording in Article 5 to make the railroad responsible for their own negligence. Mr. Hodge stated that he is satisfied with this arrangement. RESOLUTION NO. 2772 RESOLUTION APPROVING CONTRACT FOR PIPE LINE ACROSS AND ALONG RIGHT-OF- WAY OF FORT WORTH AND DENVER RAILWAY COMPANY. WHEREAS, the City of Wichita Falls desires to lay certain water pipe lines across and along Fort Worth and Denver Railway Company's right-of-way in the vicinity of McNeil and Kell ; and, WHEREAS, such railway company has submitted to the City a contract authorizing the laying and maintaining of such pipe lines, a copy of which contract is attached hereto; and, WHEREAS, such contract is acceptable, except for the fact that the City will indemnify the railway company from damages caused by the negligence of the railway company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such contract is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls, if the contract is changed so that the City does not indemnify the railway company from damages caused by its own negligence. Moved by Alderman Hampton that Resolution No. 2772 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None Item 12b A proposed resolution was presented authorizing the filing of an application for 50 units under the Section 8 Housing Assistance Payments Program for existing housing. RESOLUTION NO. 2-773 A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING UNDER TITLE II OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-383) . WHEREAS, the City of Wichita Falls currently has an approved Section 8 Housing Assistance Payments Program in operation; and WHEREAS, over 92% of the 225 authorized units are under lease; and WHEREAS, over 250 qualified families are on the waiting list; and WHEREAS, the 1979 Housing Assistance Plan, as amended, adopted by the Board of Aldermen on January 2, 1980, indicates 54 additional units as a current year goal ; and 25 Item 12b, cont'd. WHEREAS, the Department of Housing and Urban Development has issued a notice of fund availability for fifty units for this metropolitan area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to file an application for an additional 50 units of Section 8 - Housing Assistance Payments Program for Existing Housing and to execute an Annual Contributions Contract with the Department of Housing and Urban Development for providing housing assistance to lower income households. Such application shall contain an administrative plan, an Equal Opportunity Housing Plan and certifications providing the assurances which are required by the Act and by regulations issued thereunder by the Department of Housing and Urban Development. Moved by Alderman Shearman that Resolution No. 2773 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None Item 12c Discussion was held on a proposed resolution authorizing the City Manager to file an application for 126 units of Section 8 Housing Assistance payments for moderate rental rehabilitation. A motion was made by Alderman Shearman, and seconded by Alderman Boston for passage of this resolution. Alderman Hampton stated that the strings attached to this federal program are wild. Alderman Thomas asked where these properties are located? Gordon Beck, Assistant Director of Planning, stated that they are mostly located in the South and East parts of town. It is a housing unit that is substandard. The program allows the owner of the house to obtain financing and bring it up to city standards, and rent it. The City will attempt to get local financing institutions to provide financing. It will provide more Section 8 assistance rent housing in the city, and brings more housing stock up to standards. Mr. Beck stated that he does not think Section 8 programs will be eliminated in the federal budget. The amount of the rental is a maximum of twenty-five percent of their income. Mr. Beck explained that the City determines the applicable rent. Alderman Thomas asked what sources are available for the City to use to determine what the average rent should be? Mr. Beck stated they use information from the Board of Realtors to determine the vacancy rate. The motion failed by the following vote. Ayes: Mayor Hill , Aldermen Shearman and Boston Nays: Aldermen Hampton, Russell , and Thomas Item 12d A proposed resolution was presented authorizing the City Manager to execute required contracts, agreements, and certifications for the urban transportation planning process. / RESOLUTION NO. 2774 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS AND CERTIFICATIONS. WHEREAS, in the Wichita Falls area Federal assistance may be required for: 1 ) street and highway construction, 2) capital and operating assistance for public mass transportation, and 3) transportation planning; and, 26 Item 12d, cont'd. WHEREAS, Joint Certification of Urban Transportation Planning Process by the Federal Highway Administration (FHWA) and Urban Mass Transportation Administration (UMTA) is prerequisite for Federal capital , operating and planning assistance; and, WHEREAS, the Joint Certification process requires endorsement by the Metropolitan Planning Organization (MPO) of the Transportation Improvement Program with Annual Element, and the Unified Work Program; and, WHEREAS, the City of Wichita Falls, Texas has been designated on June 22, 1977 as the Metropolitan Planning Organization for the Wichita Falls Urbanized area; and WHEREAS, the City of Wichita Falls has accepted the designation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following documents of the Urban Transportation Planning Process are hereby endorsed as being valid and consistant with the City of Wichita Falls General Plan, community development objectives, overall social , economic, environmental , system performance, and energy conservation goals and objectives : 1 . Agreements "Continuing Phase Agreement, dated September 12, 1979; and Agreement designating City of Wichita Falls as MPO, dated July 22, 1979; and an Agreement between Nortex Regional Planning Commission and the MPO, dated January 13, 1981 . 2. Transportation improvement Program with Annual Element 1981-1982 3. Unified Work Program - September 1 , 1981-August 31 , 1982 SECTION 2. The City Manager is authorized to execute required contracts, agree- ments, and cer:Eifications for continued transportation planning activities, and for the City of Wichita Falls continuing to perform as the Metropolitan Planning Organization. Moved by Alderman Thomas that Resolution No. 2774 be passed. Motion seconded by Alderman Russell . Ernest Lillard, Director of Public Works , stated that any funding in this area, including the Texas Highway Department, City of Wichita Falls , or the bus system, has to be funneled through and by this Joint Certification package. Any money spent from community development block grant, general revenue sharing, or any money spent by the Highway Department has to be cleared through this Joint Certification Program package. It is an annual certification which allows us to reactivate the Metropolitan Planning Organization. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays : None Item l2e A proposed resolution was presented approving and authorizing the City Manager to enter into a contract with Midtown Manor, Inc. RESOLUTION NO. 2775 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIDTOWN MANOR, INC. , CONCERNING THE APARTMENT COMPLEX KNOWN AS MIDTOWN MANOR. WHEREAS, Midtown Manor, Inc. , has received a $6.7 million loan from the Department of Housing and Urban Development for construction of a 150-unit apartment complex for the elderly and handicapped; and WHEREAS, the City of Wichita Falls wishes to provide funds to allow Midtown Manor, Inc. , to make certain necessary public improvements associated with Midtown Manor; 27 Item l2e, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . Certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Midtown Manor, Inc. , for the advancement of $93,400.00 in Community Development Block Grant funds to be used to make certain public improvements associated with Midtown Manor, is hereby approved. 2. The City Manager is authorized to enter into said agreement with Midtown Manor, Inc. , on behalf of the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2775 be passed. Motion seconded by Alderman Boston. Alderman Shearman noted that Item 4 on the contract does not say the same thing as the resolution. The resolution calls for the money to be spent for public improve- ments. Item 4 of the contract states that the City's advance can be used to pay off any loans which Midtown Manor, Inc. may have incurred. City Attorney H. P. Hodge, Jr. agreed that Alderman Shearman's point was well taken. Mr. Hodge suggested that language be added at the end of the present wording, as follows: "to construct the improvements provided for herein. " Alderman Thomas modified his original motion to include this language, and the modification was seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas , and Boston Nays : None Item 13a Discussion was held on award of the bids for construction of the creative play area in Wood Memorial Park. Alderman Thomas asked what certain of the equipment is, and Mike Lovely, of the Park Department explained. Alderman Russell stated that she felt this park should be as fully equipped as possible because of the impact of Wood Memorial Park in our city. It is the site of the memorial grove, honoring those who died in the April 10, 1979 tornado. It has also been the reason for fund raising by various groups , and it also memorializes two Wichitans who contributed so much to our city for so long. Bill Hursh, Director of Parks and Recreation, stated that he hated to lose the walkway, but it is something which could be added later. A motion was made by Alderman Russell , and seconded by Alderman Shearman to award the scaled down bid for creative play equipment to Vaughan and Associates in the amount of $23,342. Alderman Hampton stated that he apparently feels stronger about this than his fellow councilmen. He feels this perhaps represents poor planning when there is a forty percent overrun on the bid process. There is either inept planning, or someone just wanted to have a grand plan, knowing the bids would come in higher. He stated that we have half jobs all over the city in streets and parks, also. He felt that the Council had planned to do one park to the best of our ability to make it a showcase to show the citizens what can be done to have a beautiful park if it is done property. Here we are cutting forty percent out of what we planned to do. Either we did not have any intention of getting it for $50,000, or we are inept in planning. We need to continue with the feeling we had when we started this. We are acquiescing again to a half job. We should do this park the way it was planned. He desires that it be done right, and the time to do it right is now. He stated that he cannot vote for the motion made to do a half job. Dane Bennett, Acting Assistant City Manager, stated that we may have anticipated a larger contribution from the community, and we did not feel we had to come up with that much money. 28 Item 13a, cont'd. Alderman Thomas questioned whether the park would have the use that the expenditure would justify? Alderman Hampton felt that the public will let us know if this is what they want to see in other parks. If they haven't seen it they don't know what is available. Norma Crane stated that money for playground equipment was specified by Target Store's contribution. Alderman Thomas noted that ten items were changed. Alderman Hampton again pointed out that this was to be a model park. Mrs. Crane stated that that was the intention of the Parks Board, also, since this is a small park. Alderman Thomas wondered if all the people who desired to could use this park, since it is small . Bill Hursh did not anticipate this as being a problem. Alderman Hampton stated that he would like to think the City could come up with the necessary funding to prepare this park fully as a model park. He would like to see the City do this park as planned. He would like to see it done on the $70,000 basis. Alderman Russell asked if perhaps the media could give it another thrust to obtain $20,000 from the community? Acting Assistant City Manager Dane Bennett stated that he would suggest that we do what Mrs. Russell has proposed. We would approve the park as suggested. If the community does not come up with the money, then the Council would appropriate additional money. Mike Lovely, Parks Department, stated that walkways can be achieved now or later. The design is based on the availability of money. � RESOLUTION NO. 2776 RESOLUTION ACCEPTING BID FOR CREATIVE PLAY EQUIPMENT FOR WOOD MEMORIAL PARK. WHEREAS, heretofore the City advertised for bids for creative play equipment for Wood Memorial Park; and, WHEREAS, two bids were received, and the bid of Vaughan & Associates was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Vaughan & Associates in the total amount of $27,245 is hereby accepted, and the City Manager is hereby authorized to purchase such equipment. Moved by Alderman Hampton that the motion for passage of Resolution No. 2776 be amended to fully fund the park as bids were originally put out. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , and Boston Nays : Alderman Thomas , RESOLUTION NO. 2777 RESOLUTION AWARDING CONTRACT TO SCALES CONCRETE CONSTRUCTION CO. , INC. FOR THE CONSTRUCTION OF THE CREATIVE PLAY AREA AT WOOD MEMORIAL PARK. WHEREAS, heretofore the City of Wichita Falls has advertised for bids for the construction of the creative play area at Wood Memorial Park; and, WHEREAS, three bids were received, and it is found that Scales Concrete Construc- tion Co. , Inc. , who bid $41 ,678, 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 Scales Concrete Construction Co. , Inc. , in the amount of $41 ,678 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Scales Concrete Construction Co. , Inc. , for the construction of such improvements. 29 Item 13a, cont'd. Moved by Alderman Hampton that Resolution No. 2777 be passed, awarding the total bid of $41 ,678 for construction of the creative play area. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , and Boston Nays: Alderman Thomas / Item 13b Bids were considered on ballfield lighting equipment at Jaycee Park. Moved by Alderman Hampton that the bid be awarded to Nunn Electric Company in the amount of $38,569. Motion seconded by Alderman Russell , and carried unanimously. -Item 14a A proposed resolution was presented approving three change orders and final payment to Ace Fence Company for ballfield fencing at eight parks. ,� RESOLUTION NO. 2778 RESOLUTION APPROVING CHANGE ORDERS AND ACCEPTING CONSTRUCTION OF BALLFIELD FENCING AT EIGHT PARK LOCATIONS. WHEREAS, the City of Wichita Falls and Wichita Ace Fence Co. , Inc. , as con- tractor, entered into a contract dated October 23, 1980, wherein said contractor agreed to construct fencing in Civitan, Grant Street, Hursh, Kiwanis, Rotary, Southern Hills, Spudder and Williams Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the contract amount for this contract was $42,018.59 and there are three change orders to such contract, which increase the contract amount by the sum of $1 ,608.51 ; these change orders add 83 feet of 8 foot fencing for Williams Park, add 40 feet of 8 foot fencing for Spudder Park, and increase the 3 foot backstop overhang to 8 feet at Kiwanis Park; and, WHEREAS, the total contract price for this construction, including the change orders, is $43,627.10, of which $37,841 .65 has been paid to the contractor, leaving a balance due of $5,785.45. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such fencing in the eight parks is hereby accepted by the City of Wichita Falls, such change orders are approved, and the City Manager is directed to pay to the said contractor the balance due as set out above. Moved by Alderman Russell that Resolution No. 2778 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: None Item l4b A proposed resolution was presented approving change order to Ace Fence Company for ballfield fencing at two parks. RESOLUTION NO. 2779 RESOLUTION APPROVING CHANGE ORDER AND ACCEPTING CONSTRUCTION OF BALLFIELD FENCING AT HAMILTON AND SCOTLAND PARKS. WHEREAS, the City of Wichita Falls and Wichita Ace Fence Co. , Inc. , as contractor, entered into a contract dated December 5, 1979, wherein said contractor agreed to construct ballfield fencing at Scotland and Hamilton Parks; and, 30 Item 14b, cont'd. WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for this project was $18,521 , and a change order was made which added three 12 foot drive gates, two 3 foot walk gates, and 70 feet of 10 foot backstop fence material , which added $1 ,269 to the contract price making a total contract price of $19,790, of which $18,453.38 has been paid to the contractor, leaving a balance due of $1 ,336.62. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of ballfield fencing at Hamilton and Scotland Parks is accepted by the City of Wichita Falls, such change order is approved, and the City Manager is directed to pay to the said contractor the balance due as shown above. Moved by Alderman Russell that Resolution No. 2779 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas, and Boston Nays: None The Board of Aldermen recessed at 10:00 for an executive session to discuss personnel and board appointments . The meeting reconvened at 10:35. Item 15b Mayor Hill recommended the following appointments to the Planning Board, for terms to expire May 23, 1984. i a. Bob Heavers (to replace Donna Long) -� b. Betty Sanders (to replace Louise Hunter) /c. Charles Dunham--reappointed Moved by Alderman Shearman that the recommended appointments be approved. Motion seconded by Alderman Hampton, and carried unanimously. Charles Dunham was recommended as Chairman of the Planning Board. Moved by Alderman Hampton that Charles Dunham be appointed as Chairman of the Planning Board, for a two-year term to expire May 23, 1983. Motion seconded by Alderman Russell , and carried unanimously. Moved by Alderman Shearman that Tommy Robinson be appointed to the Motor Vehicle Junkyard Commission, and that Floyd Bynum be appointed as Alternate to the Motor Vehicle Junkyard Commission for one-year terms to expire April 21 , 1982. (These appointees represent the Clean Community Commission. ) Motion seconded by Alderman Boston, and carried unanimously. The Board of Aldermen adjourned at 10:40 A.M. PASSED AND APPROVED this day of 1981 . MAYOR- ATTEST: CITY-CLERK CONTRACT FOR PIPE LINE ACROSS OVALONG RIGHT OF WAY 4�Z7`ez/`/ THIS AGREEMENT, Made and entered into as of Auqu-st 28 between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the"Railway,"and Is of hereinafter called the "Licensee." State of. Texas WITNESSETH: ARTICLE 1: In consideration of Five Hundred D liars ($500.00) to be paid by Licensee to Railway immediately upon the execution of this agreement, and an annual rental of$ $240.00 payable in advance, and upon the terms and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at or.near Wichita Falls_ (Cal ] 'Field Ind.- Dist.) along said premises at the sole expense of Licensee, a E i cht&Twenty and construct and thereafter maintain across or 86 20 ) inch Pipe line to be used for conveying Water NO. _ WV'-1-504/313-3, only, the location Of said Pipe line being shown in red on the Railway's print ..ereto attached, Marked Exhibit "A" and made a part hereof. ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three (3) feet below the surface of the ground at any point on Railway's property. If the said pipe line shall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast iron or other material Of approved strength. ARTICLE 3: The said Pipe line shall be constructed and maintained in such manner and at such time or times and Of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, -ars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or �uture use of said premises. The Licensee shall not enter upon said premises for the purpose of constructing, )ipe line except forty-eight hours' notice to Superintendent of Railway, maintaining or removing said and then a designated representative of Railway may oversee or nsPect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed lecessary by Railway so to do, Licensee shall, at the expense of Licensee, uPport the id track or tracks,as directed by Railway, while the /ork of constructing, maintaining or removing said pipe line is being done. s sa In the event the Pipe * See Notation — Signature page line shall be used to carry any liquid or other substance under pressure, and shall be located under any track or ,ithin forty-five (45) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in 'cordance with Railway's Plan No. 105998 D, copy of which shall be attached to, and thereby become a part of, this agreement. In case Railway shall, after said Pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or 3ke any changes in existing tracks Or structures over said pipe line, the Licensee shall,at once, at its own expense, make such changes in itt d pipe line as may be necessary to make the same conform in its relation to said new tracks or structures,or changes in existing tracks or uctures, in all respects to the conditions herein required for said present tracks or structures, or as may be required by the Railway. Page2of 6 Pages Agenda Item_�No - ARTICLE 4:,In. the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe linF which in the opinion Of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, th, Licensee - "I'mediatply shall discontinue operation of and remove said ground ing'sy stem, or take such steps as may be necessary TO avoid al, such interference. Licensee further agrees to indemnify and save harmless Railway from and against any damages, clai 'xpenses in any manner arising from or growing out of interference with the signals, telephone ms, losses, suits or operation, use or existence of any such grounding system. or telegraph lines of Railway by th,__ ARTICLE 5: The Licen*s*ee further covenants and agrees at all times during the exislence of said pipe line upon the pre mises of Railway tc �VeP and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground. and that icensee will at all times release,, P rotect; indemnify and save harmless Railway from all claims, demands, judgments, loss, Costs and -'xpenses, for injury to or death of any Person, or loss or damage to the Property of any person or persons whomsoever (including both _,,irties hereto and their employes), �he negligence of the Railway, its servants or employes, or other-wise. the same w�ether caused by in any manner arising from or growing out of in whole or in part, the construction reconstruction, njinteriance, operation, repair, change, existence, use or removal of said pipe line or the subsidence Of soil over ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, convenants, and conditions herein set forth on the part of -icensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expirati )ereto to the other;but if Licensee shall fail to perfor 3f one (1) year from the date hereof, and thereafter until terminated, ion of the period written notice by either party ,cense forthwith and without notice any of the covenants herein contained, Railway shall hav.e the right to terminate this m upon not less than sixty (60) days' Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope )roPerIY stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein prov- ts own expense, upon be' I ing notified so to do by Railway, remove sai ided for, Licensee sh-111, at cvel condition, and in case of its failure so to do th 'd pipe line from said premises, and restore the ground to a Safe and 0 e Railway may at its option, either remove the said pipe line from said Premises at �Ole expense f Licensee,-or disconnect the same a;points where it enters and leaves the said premises. the ARTICLE 7: The Licensee shall not trasfer or assign this license without the written consent of Railway. The said license shall be binding ]Pon the heirs, personal representatives, successors and assigns of the parties hereto. ARTICLE 8: Licensee shall comply with all applicable laws and ordinances and all rules, regulations, and requirements of.1 any 3overnmental authority promulgated thereunder controlling environmental standards and conditions on the premises. If, as a result of the -.icensee's Occupancy of the premises and its operations hereunder n -icensee shall protect save harmless, defend, and indemnify Rail , a Y such law, ordinance, rule, regulation, or requirement way from and against any penalties, is violated, N- 31 fees and court CO'sts incurred by Railway, caused by, resulting from, or connected with such violati fines, costs' and expenses, incitiding on or violations. NOTATION: The Track Supervisor Mr __ B i I I Ba rne t t " h e Instal-lation of of Texas il-I Inspect the Pipe line encasement anI a,,,e or disapprove the the Carrier Pipe. line Prior tO permittirIg IN WITNESS WHEREOF, the par-ties hereto have caused this agreement to be executed on the day and year first herein written. TEST: Z) -EST: Secretary. FORT WORTH A� DENVER RAILWAY COMPANY. I N A, By S t S _7 1 ts s t. to res Emu IOVED AS TO FORM: By Licensee. nmend Attorney. Chief En Ineer Can- Page 3 n 4� r, CONSTRUCTION OF PIPE LINES ON RAILWAY RIGHT OF WAY GE NERALIFIECluiREMENTS: pipe lines under railway tracks or across or along railway right Of way shall conform to current American Railway Engineering Association Specifications if constructed in the United States and shall conform to current regulations regarding Pipe line crossings under railroad as issued and amended by the Board of Transport Commissioners for Canada if constructed in Canada or where laws or orders of Public authority Prescribe a higher degree of Protection than specified herein,then the higher degree of protection 50 specified shall be adhered to. Plans and specifications for Proposed installation shall be submitted to railway division superintendent and meet the approval of the railway company before construction is begun. Plans shall be drawn to scale showing the relation of the Proposed Pipe line showing pipe in'relation to actual Profile of ground and tracks, com , angle of crossing,location Of valves,railway survey station, right of way line and general layout of tracks and railway facilities. Plan should also show a cross-section(or sections) from field survey, plete description Of material to be used, and location of jacking and receiving pits. If open cutting or tunneling is necessary,details of sheeting and method Of Supporting tracks or driving tunnel should be shown. The execution Of the work on the railway right of way, including the Supporting of tracks,shall be subject to the inspection and direction of the Regional Manager Engineering of the nes shall be installed under tracks by boring or jacking if Practicable. Boring excavation must not exceed the outside diameter of the Pipe.Jacking Pipe I I Railway Company. or bor i ng Of corrugated metal Pipe,cast iron Pipe or Pipe with flanges, bells or couplings will not be permitted. Pipe lines shall be located, where Practicable,to Cross tracks at approximately right angles thereto but Preferably at not less than 45 degrees and shall not be Placed within a culvert,under railway bridges or closer than 45 feet to any portion of any railway bridge building Or other important structure,except in special cases and then by special design as approved by the Assistant Vice President Engineering of the Ra'ilwaY Company. Pipe lines laid longitudinally on railway right Of way shall be located as far as practicable from any tracks or other important structures. Pipe lines carrying flammable Products or products under Pressure located within 25 feet of the centerline of any track or where there is danger of damage from leakage to any bridge, building OF other important structure, shall be encased or of special design as approved by the Assistant Vice President-Engineering Of the Railway Company. Pipe lines laid longitudinally on the railway right Of way, 50 feet or less from the centerline of track shall be buried not less than 4'6"from the ground surface to top of pipe. Where Pipe line is laid more than 50 feet from the centerline of track,minimum cover shall be 3 feet. If additional tracks are constructed in the future, or Railway Company determines that roadbed should be widened, the casing shall be extended correspondingly. PIPE LINES CARR YIN G.FLAMMABLESUBSTANCES This includes oil, gas, gasoline, petroleum products or other flammable or highly volatile substance under pressure. APPROVED CASING PIPE: Steel or Cast Iron for all pressures, CASING PIPE FOR E 72 LOADING ALL MINIMUM DIMENSIONS MEASURED NORMAL TO ( OF OUTSIDE TRACK WAL THICK..NESS F R STEEL CASING PIPE 25'Min. (Casing Pipe Sealedt� (Mil IMUMYIELDS RENGTH35, OP.S.I.) PIPE COATED OR PIPE NOT DIAMETER OF 45'MjrL (Casing Pipe Open) 25'Minimum (Casing Pipe sealed) CATHODI LLY COATED OR 0. 45'Minimum (Casing Pipe open) PROTEC E PIPE 45' 1, Z V. T CATHODICALLY INCHES MIN.THI MIN-THICKNESS Minimurri-_ 00 <L) ents to be at or outside R/W line INC E IStanda d A.R.E.A. - y 2<�__v S INCHES ZOD L) 45'Minimurn Pipe 0.188 line sign 'LL—< Standard A.R.E.A.Pipe line sign 0 188 UNDER14 0.219 '282 14 AND 16 2-—J Toe of slope 0 Ir rc 0250 0. T ":00 Ditch line 0.281 0.312 18 IIN. 3' 4' 0.344 20 4' ... ....... MIN 0.312 22 0.375 0.344 0.406 24 0.375 0.438 406 26 0.438 0,469 28 AND.30 0.469 0.500 3'MIN. 4'6"M IN. 5'6 MIN. 3' IN.. 0 0.537 1 1 0.500 SIAL CASING PIPE (See table for minimum wall thickness) SEAL CARRIER PIPE TO MEET CURREN A-R.E.A. SPEC FICATIONS Inside diameter Of Casing pipe shall exceed outside diameter Of carrier pipe by 2"for carrier Pipe less than 8"diameter CAST IRON PIPE: 16"diameter. 3Y"for 8­to 16"carrier pipe and 4Y�­for carrier Pipe greater than Installation must be —by open trench. Pipe shall conform to American Standards Ass'n. Specification A21 class 150 for 12" and under PIPE LINES CARRYING NON-FLAMMABLE SUBSTANCES and class 250 for over 12". Pipe to have Pressure might cause damage if escaping on or in the vici This includes steam, water Of any non-flammable substance which from its nature or mechanical joints or compression Couplings, nity of railway Property. Sewers REINFORCED CONCRETE PIPE- and drains do not require casing pipe unless conditions exist which will endanger security of Pipe shall coinlorr;_0�Curr,,,�� track,but should be of Sufficient strength to withstand E-72 railway loading. S. �.C-76 APPROVED CASING PIPE: table IV,wall"B". Steel or Cast Iron for all pressures. CORRUGATED METAL PIPE: Pipe shall be galv�anized Reinforced Concrete or Corrugated Metal for Pressures less than 100 P.S.I. and asphalt coated. asbestos bonded ALL MINIMUM DIMENSIONS>_MEASURED NORMAL TO ( OF OUTSIDE TRACK CC Gage of Metal Diameter of < < 1.5 D+ 12' before galvanizing pipe tr U.S. Std.gage (inches) 0.1— 25'M IN. 18 and under 14 w 12 24,30,and 36 v)0 y < ZU 3'M IN. 10 42 and 48 0 .0—< Lu _J cr in t7 _j 0 1w �2 flo 04 0 f D 0 Where the ends of the casing are below ground 11N 4'6" 5'6" they shall be suitably protected against MIN. MIN. the en- 3'MIN, trance Of foreign material, but shall not be tightly sealed. I e able f.r in'm.m w CASING PIPE (See table for minimum wall thickness) Cas r Where­­thL e,�ds of 'he Casin�gmreat or above ground surface and above high water level they may be left open,provided drainage d IL in such manner that leakage will be-conducted away from railway tracks or structures. is Offorde CARRIER PIPE TO MEET CURRENT A R E.A.SPECIFICATIONS cPage4of 6 Pages Inside diameter of casing Pipe shall exceed outside diameter of Carrier Pipe, joints or Couplings by 2" for diameter'and 4"for carrier pipe 6" in diameter and larger. arrier Pipe less than—6in Ac,,.nA� T-__ — THIS AGREEMENT, entered into on this day 0 f 1981 by and between the City Of Wichita Falls Manor, Inc. , 14ITNESSETH THAT: herein called "City" and Midtown The City Of Wichita Falls agrees to advance a sum of $93,400.00L-in Community Development Block Grant funds to Midtown Manor, Inc. 2. Midtown Manor, Inc. , guarantees that $93�400.00 worth of public improvementsy associated with the 150 unit housing project known as Midtown Manor will be made, specifically as follows: a. Sidewalk improvements $ 7,200.00 b. Driveway approaches and curb cuts 11,000.00 C. Site clearance and basement filling 8,000.00 d. Public parking lot construction 45,000.00 e. Street and parking lot lighting 14,000.00 f- Utility adjustments 8,200.00 3. Midtown Manor, Inc. , would, subsequent to these expenditures, provide to the City appropriate architectural and engineering certifications to document the costs of the Public improvements. 4. The City's advance can be used to pay off any loans which Midtown Manor, Inc. may have incurred to construct the improvements provided for herein. 5. In the event that all funds are not expended, it is understood that the balance will be returned to the City. 6. -A-11 engineering specifications on these public improvements uill be reviewed and approved by the City prior to the makin(, of 0 contractual agreements by Midtown Manor, Inc. 7. Midtown Manor) Inc. , agrees to comply with all rules, regulations 0 and guidelines issued by the Department Of Housing and Urban Develop- ment in the implementation of these Public improvements. 8. At anytime during normal business hours as often as the City of Wichita Falls or the Department o f Housing and Urban Development may deem necessary, Midtown Manor, Inc. , shall make available to the City of Wichita Falls or Department of Housing and Urban Development for examination all of its records with respect to all matters covered by this contract and will permit the City or Depart- ment of Housing and Urban Development to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this contract. IN WITNESS WHEREOF, MIDTOWN MANOR, INC. AND THE CITY OF WICHITA FALLS HAVE EXECUTED THIS AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE. Ja qu \�llen, President u �A�B a c h�, C i� rN M*jdto Manor, Inc. City of Wichita Falls Attest: Attest: -;7 + z (n ci all 0 tv, n r-i 0 cr. r? 0 r) cn :F� 0 . (_D rr H. U) C- r_ -1 rTl 1­4 rr ::Y, (T) ;C4 u M v _t) , (� CO C> rv, 0 (D - > CL v �­ �­ > H. F" M r) "I . '7' M ..r� rr H. Ci OQ r3 0 H- �_4 '_� M rr tz: Fri (D r4 r-1 " :-- 0 0 1 z r7l M " C-) n �l (D "I < :c 0 r�) rr (D :c pu > 27 7-t6, H. (D rr ro r) ul M 0 0� M Ln rt QQ t-4 0 r4 tz) (D a3 0 Fl- C) " :il -0 cn 0 6�) C 0 6 1 +6 3 R, CF.W. 25' 2 1' TO, PC.6 6f 16.4 294!71 '0 (Aj N . I b 4. 14 C�o N 2S�5- <9 N, U."0Y 1�177 12'��'r_ A 1c, MCMIZZ S 7'-Af,' X� 01 A_) 0 la CIO 5 of 6 Pages Page Agenda Item No.