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Min 05/19/1981 I 41 Wichita Falls, Texas Memorial Auditorium Building May 19, 1981 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. John Hampton, Jr. Mayor Pro tem Gene Shearman Carol Russell Curtis Smith Aldermen James B. Thomas Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Judy Baird Assistant City Clerk Fred Werner Director of Finance Kenneth Hill Absent The invocation was given by Frank Yates, Grant Street United Methodist Church. Item 3 Moved by Alderman Shearman that minutes of the meeting held May 5, 1981 , be approved. Motion seconded by Alderman Boston, and carried unanimously. Items 4a - 7a Item 6a was moved to the regular agenda. Moved by Alderman Thomas that the remaining items on the consent agenda be approved. Motion seconded by Alderman Russell . Item 4a ORDINANCE NO. 3789 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A FIFTEEN (15) FOOT UTILITY EASEMENT IN PROPOSED LOT 2, BLOCK 21 , MIDWESTERN PARK SUBDIVISION. Ayes: Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas, and Boston Nays : None Item 4b ORDINANCE NO. 3790 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Ayes : Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas, and Boston Nays: None 42 Item 5a RESOLUTION NO. 2787 RESOLUTION APPROVING TAX ADJUSTMENTS #434 THROUGH #496. WHEREAS, the Tax Department has accounts, totaling $2,046.78, that need to be adjusted off for the following reasons: unable to locate the owners of personal property, double assessments, calculation errors , property not owned on January 1 of a particular year, non-taxable servicemen 's personal property, correction of value errors , property not taxable within the jurisdiction, 65 and over homestead exemptions, VA exemptions , and refunds; and, WHEREAS, the net receivable amounts to be adjusted off in 1980 are $1 ,340.27, in 1979 are $187.74, in 1978 are $28.72, in 1977 are $20.54, in 1976 are $26.34, in 1975 are $30.80, in 1974 are $36.98, in 1973 are $56.72, in 1972 are $63.18, in 1971 are $11 .78, in 1970 are $44.82, in 1969 are $44.54, in 1968 are $41 .30, in 1967 are $41 .99, in 1966 are $26.62, in 1965 are $11 .56, in 1964 are $10.88, and in 1963 and prior years are $22.00; and, WHEREAS, a copy of each adjustment with an explanation is on file in the Accounting and Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such tax adjustments, #434 through #496 are hereby approved. Ayes : Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas, and Boston Nays : None Item 7a Minutes of the meeting of the Design Review Commission held April 16, 1981 , were received. Ayes : Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas, and Boston Nays: None Alderman Thomas noted on Ordinance No. 3790 there were $205 assessments on the same street as his mother's house. Since this was bought three years ago, would she have known at that time there was an outstanding lien? The City Attorney explained this was not a lien against the property. It is an addition to the refuse rate. The City is now filing this for record. The title company would disclose this. The purchaser would insist the seller pay it off before the deal was closed. Item 6a A proposed resolution was presented awarding bid for Jaycee Park ballfield fencing. Alderman Thomas stated this business ought to be very competitive. There were only two bidders. Is this a specialty item? Bill Hursh, Director of Parks and Recreation, stated home fencing was competitive, but companies do not like to bid on this type of fencing. Alderman Thomas asked what the cost per foot was? This item was passed over until those figures were available. Mr. Hursh stated he was glad to have received the two bids. - Item 9a A proposed ordinance was presented determining the necessity, approving the engineering plans, and authorizing advertising for bids for the assessment paving of the Weeks Street Extension Project. ORDINANCE NO. 3791 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES i 43 Item 9a, cont'd. IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE WEEKS STREET ASSESSMENT PAVING PROGRAM, MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY BIGGS AND MATHEWS, INC. AND DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Thomas that Ordinance No. 3791 be passed. Motion seconded by Alderman Shearman. The City Manager stated a previous Council made a commitment to extend Weeks Street through an assessment program. Ernest Lillard, Director of Public Works, stated the Wesley United Methodist Church extended one-half block of Weeks Street to have Arnold Street connecting from PB Lane to Weeks Street. They paid totally for their extension. When the City puts in the rest of Weeks Street, the Church asks to receive credit for that portion. The other residents are responsible for their portion. It was clarified that Weeks Street would be a through street. The City Manager stated that when this is assessed back to the property owners, one assessment would be for $9,000. He stated there might be some objection to this project. Mayor Pro tem Hampton stated we are setting a precedent. We are opening the door for future people to come to the Council asking for the same type of thing and saying it was done once before. The City Manager stated the net effect is equitable with the new extension. It was noted the staff did not recommend this be done. The motion carried by the following vote. Ayes: Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas , and Boston Nays: None ; Item 9b A proposed ordinance was presented setting the regular meeting dates of the Board of Aldermen in June, July, and August, 1981 . 'ORDINANCE NO. 3792 ORDINANCE SETTING REGULAR MEETING DATES OF THE BOARD OF ALDERMEN IN JUNE, JULY AND AUGUST, 1981 . Moved by Alderman Thomas that Ordinance No. 3792 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas, and Boston Nays : None Item 9c A proposed ordinance was presented amending certain sections of the City's ambulance regulatory ordinance. The City Manager and the City Attorney noted two typographical errors in the proposed ordinance. ORDINANCE NO. 3793 ORDINANCE AMENDING CITY OF WICHITA FALLS CODE OF ORDINANCES SECTIONS 4 2-1 , 4 2-3, 4 2-4, 4 2-24, 4 2-25, 4 2-49, 4 2-51 AND 4 2-70, RELATING TO AMBULANCE REGULATIONS, EQUIPMENT LICENSING PROCEDURE, ATTENDANTS QUALIFICATIONS AND REGISTRATIONS, AND PRESERVATION OF RECORDS. i 44 Item 9c, cont' d. The City Manager explained the proposed changes were to comply with current health standards. These changes would not make any difference in the contract with Plumlee Ambulance. Alderman Thomas asked if it was necessary to keep all requests to be taken to the hospital for 24 months? The City Manager stated the historical information would be needed. Alderman Thomas stated Plumlee Ambulance would be audited on an annual basis. He asked if Plumlee's contract now requires that he keep his manifests for 24 months? It was determined that that was not required by the contract. Alderman Thomas stated he was voting against this because of general principle. Moved by Alderman Smith that Ordinance No. 3793 be passed. Motion seconded by Alderman Sherman, and carried by the following vote. Ayes : Mayor Pro tem Hampton, Shearman, Russell , Smith, and Boston Nays: Alderman Thomas Item 1Oa A proposed resolution was presented approving engineering contract for rehabilitation of Lake Kickapoo dam and appurtenances. RESOLUTION NO. 2783 RESOLUTION APPROVING CONTRACT WITH BIGGS & MATHEWS, INC. , CONSULTING ENGINEERS FOR ENGINEERING SERVICES ON THE REHABILITATION OF LAKE KICKAP00 DAM AND APPURTENANCES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto between the City of Wichita Falls and Biggs & Mathews, Inc. for engineering services in connection with the rehabilitation of Lake Kickapoo dam and appurtenances , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2788 be passed. Motion seconded by Alderman Russell . Alderman Shearman asked if it was feasible for the dam to be raised so the lake could hold more water. Joe Smith, Director of Public Utilities, stated he would have to go back to the engineers regarding the feasibility. It was pointed out that this might cause flooding of some of the homes. The motion carried by the following vote. Ayes : Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas, and Boston Nays: None Item 6a, cont'd. Discussion continued on the award of bid for Jaycee Ballfield fencing. Alderman Thomas received the information he requested regarding the cost per foot of fencing. For a 90' x 12' fence at Jaycee Park, the amount was $39.16. At Kiwanis Park, the amount was $35.70. For a 5' fence at Jaycee Park, the cost was $4.43 per foot. At Kiwanis Park, it was $4.58 per foot. The total for Jaycee Park was more than Kiwanis Park. It was pointed out one reason for a higher bid was because of the government regulations regarding the Davis-Bacon Act. i 45 Item 6a, cont'd. I RESOLUTION NO. 2789 RESOLUTION AWARDING CONTRACT TO A-1 DISCOUNT FENCE CO. FOR CONSTRUCTION OF FENCING OF TWO BALLFIELDS AT JAYCEE PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of fencing of two ballfields at Jaycee Park; and, WHEREAS, two bids were received, and it is found that A-1 Discount Fence Co. , who bid $13,996.94, 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 A-1 Discount Fence Co. , in the amount of $13,996.94 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with A-1 Discount Fence Co. for the construction of such improvements. Moved by Alderman Thomas that Resolution No. 2789 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Pro tem Hampton, Aldermen Shearman, Russell , Smith, Thomas, and Boston Nays: None Item lla Permission was requested to advertise for bids for heater scarification street improvement project. Alderman Smith stated that several years ago while driving through New Mexico he saw this being done. He stated the machine was emitting a lot of smoke. He li asked if this was a pollutant? Ernest Lillard, Director of Public works, stated the machines have been redesigned. The heat was going directly onto the asphalt, causing the smoke. They are now using radiant heat. Smoke will not be coming off it. Alderman Thomas stated because of the cost savings of 30 to 40 percent of surface overlay, and the height of the street is increased by only 3/4 inch, he was in favor of this project. Moved by Alderman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Smith, and carried unanimously. Item 12a John M. Cobb, 3102 Glenwood, appeared representing the Northwest Texas Field and Stream Association concerning construction of a boat launching ramp, and a parking lot in Deer Creek Park at Lake Arrowhead. The estimated construction cost for the boat ramp and parking lot is $30,000. Mr. Cobb stated they had tried for three years to get a boat ramp in the Deer Creek area. This proposed boat ramp would eliminate the dangerous conditions for people launching boats. He stated the Field and Stream Association would include as much manpower as possible. They do not have equipment of any kind. It was recommended to make application to Texas Department of Parks and Wildlife for funding the cost of construction of the boat ramp up to $25,000 on a 30-70 percent basis. The Parks and Wildlife Department also requests an all- weather entrance road be constructed from FM 172 for an estimated construction cost of $30,000. Mayor Pro tem Hampton asked if any engineers had been on location to study this? Bill Hursh, Director of Parks and Recreation, stated they had not been on location. Mayor Pro tem Hampton questioned whether $30,000 was enough to build a I 46 Item 12a, cont'd. boat ramp and parking lot. A lot of dirt would have to be moved. He stated the City would be reimbursed for the boat ramp, but not the parking lot. The City Manager stated the total cost would be $60,000. The state's part would be $17,500. The rest would be our part. Alderman Shearman asked what was the City's liability on this? City Attorney H. P. Hodge, Jr. stated there is a possibility of someone being injured in an accident and the City could be held responsible. It was clarified the City owns this land. Moved by Alderman Smith to submit the application for funding to the Texas Parks and Wildlife. The City Manager stated the application would be available at the next meeting. Also, the funds would come out of reserve funds. Motion seconded by Alderman Russell . Alderman Thomas asked if the lake went down, would the water go below the ramp? Mr. Cobb stated they tried to get this ramp last summer when the lake was 10 to 12 feet lower. The ramp will be 12 feet shorter now that it would have been if it was built last year. Alderman Shearman asked if the Northwest Texas Field and Stream Association would want to share in the responsibilities in mowing and keeping the area clean? Mr. Cobb stated any Field and Stream fisherman would pick up any debris he may see while out at the lake. The City Manager stated the City is paid $100 per quarter to maintain the area. The motion carried unanimously. Item 8a Frank Navarette, a Building Maintenance employee, was honored as employee of the month for May. Mayor Pro tem Hampton presented him with a plaque and two tickets each to a theatre and dinner. Item 12b Reverend Baxton Bryant, 4506 Dunbarton, of the Wesley United Methodist Church, 1605 PB Lane, appeared to express his appreciation for the Council 's action on Weeks Street. He stated the entire area will be pleased by the opening up of a thoroughfare in that area. Lydia Ezzell , 1001 Webster, appeared stating they own four lots at 233 Lincoln. They do not want to subdivide their property. They cannot get their utilities because the Planning Department is requiring them to subdivide their property. She is eligible to have utilities. There is a water line within 100' of the front property line. Mayor Pro tem Hampton asked if she had appeared before the Planning Board? Mrs. Ezzell stated she had not. Mayor Pro tem Hampton suggested she appear before the Planning Board. City Manager Stuart Bach stated the subdivision ordinance requires an unplatted area be platted. Mrs. Ezzell 's property is not platted. Her deed indicates it is part of an unrecorded plat. The problems are with easements and descriptions of the property. It has been discussed to pave that street. The City does not own beyond the description of the property. The City requests platting for right-of-ways and easements. Mrs. Ezzell stated Ordinance No. 2118 was adopted in 1964. She found where any ordinance can only be changed or amended by giving prior notice to the people. She checked and found that no notice was given when this ordinance was changed. Mayor Pro tem Hampton suggested Mrs. Ezzell go through the proper channels for an appearance before the Council ; however, he would like everything to be taken care of internally without coming back to the Council . i 47 Steve Chepley, 4612 Cypress, appeared requesting repair of an alley he helped pay for. The subgrade was not compacted properly. Heavy trucks going down the alley have broken the pavement. Whenever it rains it becomes a small lake. It is a mosquito infested area. He stated he had called the Health Department and was referred to the Street Department. This was about one month ago and nothing has been done. Mayor Pro tem Hampton suggested he consult with Ernest Lillard after the meeting. Mr. Chepley also asked about the garbage container behind his fence. He stated the smell is bad. He requested the container be put on the opposite side. Mayor Pro tem Hampton directed him to Ernest Lillard. Jimmy Moses, 303 Bluff, appeared stating the police were arresting him with no warrants , putting him in jail for $225 bond, and could not tell him why he was being put in jail . This was getting to his family, hurting his children, and costing him money. He stated they picked him up the other night and said the Assistant County Attorney, who is no longer there, was responsible. He stated he was arrested in 1979 for theft of service. In February, 1981 , he was arrested, but no one could tell him why he was arrested. He asked how could he get his money back? Mayor Pro tem Hampton suggested he talk to Police Chief Curtis Harrelson. The Council could not give him an answer today. He suggested Mr. Moses go through the proper channels to request an appearance before the Council . The Board of Aldermen adjourned at 9:35 A.M. PASSED AND APPROVED this ' , day of 1981 . b I i MAYOR ATTEST: p CITY CLERK i I I I i STATE JF TEXAS ;> COUNTY OF ;.'IC ,!TA 0 This contract, made and entered into as of the day of , 1981 , by and between the City of Wichita Falls, Wichita Falls, Texas (hereinafter called "Owner") and the -firm of Biggs & Plathews , Inc . , Consulting Engineers , Wichita Falls, Texas, (hereinafter called "Engineer") 1,41TNESSETH: WHEREAS, the Owner will require engineering studies, construction plans and sperirications for various repairs to the Lake Kickapoo dam, spillway and outlet works in Archer County, Texas, and WHEREAS, the firm of Biggs & Mathews, Inc . , is acceptable to the Owne r and is Willing to enter into a contract to perform engineering services required by the Owner: NOW THEREFORE, it is agreed as follows : I The Owner hereby retains the Engineer for the engineering services required in connection with the various repairs and studies for Lake Kickapoo. The services performed by the Engineer in connection with the proposed improvements shall be as follows: I . Prepare studies and reports II . Prepare plans and specifications III • Prepare contract documents -1- Page 3 of 8 _Pages Agenda Item No. II Item No. I - Preparing of studies and reports shall inclu de: (a) Preparing flood routing studies of 100 year flood with respect to present spillway capacity, (b) Checking probable maximum flood studies prepared Department of Water Re p oY the Texas Resources for Lake Kic.kapoo. Item No. II - Preparing of detailed plans and specifications shall(a) tstablishinq the scope of any soii and foundation include: which may be required and kl investigations Y q ��a� �n g the necessary arrangements to obtain the necessary services . (b) Surveys and layout of the improvements; (c) Preparation of detailed plans; (d) Preparation of project quantities and cost esti (e) Furnish to the mates; Owner all necessary copies of approved plans, specific tions , notices to bidders and a proposal forms. Item tJo. III - Prepare P Contract Documents shall include: (a) Preparation of the Contracts and specifications • (b) Assistance in the advertisement of the ' Project for bids; Page_-!�—of8 Pages Agenda Item---No. III For the basic services performed under Section II of this agreement compensation to the Engineer shall not exceed seventeen thousand , the dollars ($17,300.00) . usand three hundred Upon completion of the services as set out g shall in Section the total basic charge II of this Agreement, be due and payable. For special services such as court litigation and of services not outlined in Section II, the Engineer shallher miscellaneous basis of the Schedule shown in Section IV. Statements be compensated on the ments for services in this category shall be rendered monthly and payment shall be due not less than thirty (30) days after submission of a statement. IV The charge provided herein shall not include property, s p Y� boundary, and right-Of-way curve Y Y , shop, mill , field or laboratory inspection of materials;cost of inspection borings or other subsurface ex Plans and specifications in excess of three (3) plorations; copies of "As-Built,, calculations of special assessments; the services of a resident Project Representative for on-the-site observance of the work; or the furnishin g °f c continuous construction line and grade surveys. If the Owner elects to have the Engineer furnish ser Project Representative for continuous on-the-site vices of a resident furnishing of construction line and grade curve observance of the work or the service at the following schedule of rates; ys' the Engineer will furnish this -3- Page—_5 _o f--8_Pages Agenda Item No. SURVEY PERSONNEL Four man survey party Three man survey party S 53.00 per hour Land surveyor 45.00 per hour 24.00 per hour CONSTRUCTIOI,J INSPECTION Resident Engineer Resident Inspector 27.00 per hour 18.00 per hour ENGINEERING AND GENERAL SUPERVISOR Principal or Officer of Firm Project Engineer 45.00 per hour Senior Draftsman 36.00 per hour Jr. Draftsman 15.00 per hour 10.00 per hour Direct expenses and subcontract costs incurred shall be reimbursed at ac tual ctual If during preparation of the plans and specifications, or thereafter, t Engineer shall be required to render additional services because of changeshe or delays , or other causes beyond his control , then the Engineer shall b , compensated for such additional services on the basis of the schedule set Section IV. out in V It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be done under this contract the Engineer is instructed in writing to until proceed with the work. The Engineer shall complete the services set out in Section II on or before August 1, 1981 additional time is allowed by the Owner. unless It is also understood that the Engineer will not supply a resident Pr Representative for continuous on-the-site observance of the work or f °7ect nish construction line and grade surveys unless instructed in writin to ur 9 do so . -4- Page 6 of 8 _Pages Agenda Item No. VI AnY provision in this contract not vithsta and agreed that the engineer shall not authorize nding, it is specirical ]y ;;nderstood this contract horize or undertake Which work would require the any 'rlork Pursuant reimbursementuire to in addition Payment of to the char any charge, expense or first had charge stipulated in and obtained s Section iII, without specific written rt having authority therefore. This VII contract shall not be assignable in whole or �n part without the consent Of the Owner. Al] VIII Paynenis for services rendered endered by the Engineer that sixty (60 have days after becomingnot been paid rate of due shall thereafter eighteen percent accrue ( l��) Per annu�n, interest at the IX In connection with all the work outlined °r contemplated that the Owner it is agreed or the Engineer above may cancel or terminate this contract . such cancellation from either Upon thirty work and labor under this being performed Party to the other, all pending final cancellation of from shall imrnediatel cease, at the end Y Provided such thirty da that the En y per1od, and further gineer shall be compensated in accordance work accompl isl�ed b with the terms of this agreement for all such termination, y him pr1or to the receipt of notice of The X City of Wichita Falls or any of its duly authorized representatives ePresentatives shall Papers and records of the Engineer which 5- are Page_�o f 8 Pages Agenda Item No Pages directly pertinent to this project for the purpose of making accurate examination, excerpts , and transcription. XI The Engineer shall have access to any existing City plats and records in the Possession of the Owner that will be of benefit in the preparation of the plans and specifications. IN WITNESS HEREOF, the City of Wichita Falls, Texas , has caused this contract to be executed by its City Manager and attested by its City Clerk and the official seal of the City affixed hereto, and Biggs & Mathews, Inc . , Consulting Engineers, has caused this contract to be executed by its President and its Secretary, with all such executions being in quadruplicate, each of which shall constitute an original , and all of which has been done as of the date here above first written . ss CITY OF WICHITA FALLS BY sty Manager ATTEST: APPROVED AS TO FORM: /Tttorney`-- � Consulting Engineers BY ent ATTEST: Registered Professional Engineer No . 16101 a r y -b- Page 8 of 8 Pages Agenda Item No.