Min 06/23/1981 61
Wichita Falls, Texas
Memorial Auditorium Building
June 23, 1981
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls , Texas, met in called
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
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Director of Finance
The invocation was given by Alderman Hampton.
Item 3
Moved by Alderman Thomas that minutes of the meeting held June 2, 1981 , be
approved.
Motion seconded by Alderman Shearman, and carried unanimously.
Item 4a
A proposed ordinance was presented authorizing the advertisement of bids for
the 1981 Community Development Assessment Paving Program.
ORDINANCE NO. 3798
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE
CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1981 COMMUNITY DEVELOPMENT
ASSESSMENT PAVING PROGRAM, MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS
AGAINST ABUTTING PROPERTIES, APPROVING THE PLANS AND SPECIFICATIONS PRE-
PARED BY THE CITY ENGINEER, DIRECTING THE ADVERTISING FOR BIDS AND PRO-
VIDING SUNDRY OTHER MATTERS INCIDENT THERETO.
Moved by Alderman Thomas that Ordinance No. 3798 be passed.
Motion seconded by Alderman Russell .
Alderman Thoma-s asked about the cost of construction. Director of Public
Works Ernest Lillard stated that it is assessed only the amount by which the pro-
perty is enhanced by these improvements. This is the maximum amount which may be
assessed.
Alderman Thomas asked if these streets were a portion of those which may re-
quire a lot of drainage work? Mr. Lillard stated that these streets are high and
dry now, but after this group we will see the prices coming in much higher because
in some cases it may be cheaper to purchase the property than to pave the street.
Some of the streets will be a superficial paving. The question was asked if this
is the proper way to do it, or should we spend the extra money for a good street?
Mr. Lillard stated that we can tell more about it when the bids come in.
Mayor Hill asked about the curb and gutter. Mr. Lillard explained that up to
this point we have always put in curb and gutter, but we are getting to the point
where it may cost more than it is worth. The cost of the proposed street surface
for the non-assessment paving will not be to theproperty owners--just to the City.
62
Item 4a, cont'd.
City Manager Stuart Bach stated that this will reduce our maintenance, and provide
some type of short-term solution.
Mr. Bach stated that he has found that we can ask for a waiver of assessing
certain community development paving costs. He earlier had thought it was not
possible.
The motion was carried by the following vote:
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Item 5a
A proposed resolution was presented authorizing the City Manager to execute a
contract with Sheppard Air Force Base for repairs to Runway 17-35.
1 RESOLUTION NO. 2798
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT
WITH AIR FORCE PROVIDING FOR RECONSTRUCTION OF RUNWAY 17-35.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
There is hereby approved, and the City Manager is authorized to execute for
the City of Wichita Falls, a contract with the United States Air Force, providing
for the reconstruction, rehabilitation and restoration of Sheppard Air Force Base
Runway 17-35. This contract shall be substantially in the form of the draft
attached hereto.
Moved by Alderman Thomas that Resolution No. 2798 be passed.
Motion seconded by Alderman Boston.
Alderman Hampton confirmed that the airport will continue to be operational .
The motion was carried by the following vote.
Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays: Alderman Shearman
Item 5b
A proposed resolution was presented approving appraisals and authorizing the
purchase of right-of-way on sanitary landfill road.
RESOLUTION NO. 2799
RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL, AND AUTH-
ORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE SANITARY
LANDFILL ROAD.
WHEREAS, it is necessary to acquire certain properties hereinafter described
for the sanitary landfill road; and,
WHEREAS, such properties have been appraised by an independent appraiser em-
ployed by the City of Wichita Falls for this purpose, and the amount of the appra-
isals have been studied by the Board of Aldermen, and copies of same are 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 properties in Wichita Falls , Texas :
63
Item 5b, cont'd.
SANITARY LANDFILL ROAD
Parcels in Blocks 3 and 16, of the Southside Farms, Wichita County,
Texas, described as follows :
Tract 2
A 0.01 acre tract of land in the Margaret Ramsey Survey, Abstract 471 , Wichita
County, Texas, and being described by metes and bounds as follows :
BEGINNING at a point on the East line of Block 3, Margaret Ramsey Survey which
bears N00001 '55"W 2 ,343.46 feet from the intersection of the North line of S.H.
258 and the East line of Block 3, Margaret Ramsey Survey; said point being on
the East line of proposed Landfill Road 30 feet right of Station 23+33.96.
THENCE N26037'20"W 32.13 feet along the East line of proposed 'landfill road to a
point on the North line of Block 3, Margaret Ramsey Survey
THENCE S89051 '49"E 14.38 feet along the North line of Block 3, Margaret Ramsey
Survey to the Northeast corner of Block 3, Margaret Ramsey Survey
THENCE S00001 '55"E 28.69 feet along the East line of Block 3, Margaret Ramsey Sur-
vey to the place of beginning and containing 0.01 acre of land more or less.
Tract 3
A 0.34 acre tract of land in the Margaret Ramsey Survey, Abstract 471 , Wichita
County, Texas, and being described by metes and bounds as follows:
BEGINNING at a point on the East line of Block 3, Margaret Ramsey Survey which
bears N00001 '55"W 2,343.46 feet from the intersection of the North line of S.H.
258 and the East line of Block 3, Margaret Ramsey Survey; said point being on
the East line of proposed landfill road 30 feet right of Station 23+33.96.
THENCE S00001 '55"E 307.64 feet along the East line of Block 3, Margaret Ramsey
Survey to the West line of proposed Landfill road
THENCE 205.78 feet along the West line of proposed landfill road a curve to the
left having a central angle of 21036'45" and a 545.5386 feet radius
THENCE S68021 '20"W 20.00 feet
THENCE 45.66 feet along the West line of proposed landfill road a curve to the
left having a central angle of 4058'40" and a 525.5386 feet radius
THENCE N26037'20"W 113.47 feet along the West line of proposed landfill road to
a point on the North line of Block 3, Margaret Ramsey Survey
THENCE S89051 '49"E 111 .99 feet along the North line of Block 3, Margaret Ramsey
Survey to the East line of proposed landfill road
THENCE S26037'20"E 32.13 feet along the East line of proposed landfill road to
the place of beginning and containing 0.34 acre of land more or less.
Tract 4
A 0.95 acre tract of land in the Cowherd Brothers South Side Farms Subdivision
out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas,
and being described by metes and bounds as follows:
BEGINNING at a point in the East line of proposed landfill road 30 feet right of
Station 32+14.08; said point bears North 766.08 feet and East 60.00 feet from
the Southwest corner of Block 16, South Side Farms Subdivision.
THENCE 429.90 feet along the East line of proposed landfill road a curve to the
left having a central angle of 26037 '20" and a 925.2198 feet radius
THENCE S26037 '20"E 67.19 feet along the East line of proposed landfill road
THENCE N63022'40"E 20.00 feet
64
Item 5b, cont'd.
THENCE S26037"20"E 269.76 feet along the East line of proposed landfill road.
THENCE N89051 '49"W 111 .99 feet to the West line of proposed landfill road
THENCE N26037'20"W 219.33 feet along the West line of proposed landfill road
THENCE N63022'40"E 20.00 feet
THENCE N26037'20"W 67.19 feet along the West line of proposed landfill road
THENCE 112.17 feet along the West line of proposed landfill road a curve to the
right having a central angle of 6031 '23" and a 985.2198 feet radius
THENCE North 338.56 feet to the place of beginning and containing 0.95 acre of
land more or less.
Tract 5
A 0.62 acre tract of land in the Cowherd Brothers South Side Farms Subdivision
out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas,
and being described by metes and bounds as follows:
BEGINNING at a point in the West line of proposed landfill road; said point bears
North 427.52 feet and East 60.00 feet from the Southwest corner of Block 16,
South Side Farms Subdivision.
THENCE 112.17 feet along the West line of proposed landfill road a curve to the
left having a central angle of 6031 '23" and a 985.2198 feet radius
THENCE S26037'20"E 67.19 feet along the West line of proposed landfill road
THENCE S63022'40"W 20.00 feet
THENCE S26037'20"E 219.33 feet along the West line of proposed landfill road
THENCE N89051 '49"W 154.97 feet
THENCE North 367.66 feet to the place of beginning and containing 0.62 acre of
land more or less.
Total value approved in this resolution-------------------$1 ,105.00.
Section No. 2. The approved value of such properties are hereby approved,
and the City Manager is hereby authorized to purchase by Warranty Deed such tracts
of land in the name of the City of Wichita Falls, Texas. The authorized price to
be paid for such tracts is the value as determined by the appraisal made by the
independent appraiser referred to above.
Section No. 3. 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 insti-
tuted 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.
Section No. 4. The fact that the sanitary landfill presently operated by the
City is almost completely filled, and a new landfill is urgently required, creates
an emergency on the ground of urgent public for the preservation of the peace,
health and safety of property of the City, and this resolution is declared to be
an emergency measure, effective immediately.
Moved by Alderman Hampton that Resolution No. 2799 be passed.
Motion seconded by Alderman Smith, and carried by the following vote:
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
65
Item 5c
A proposed resolution was presented authorizing the City Manager to execute
a contract with the Community Council for a project utilizing the handicapped.
RESOLUTION NO. 2800
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN CONTRACT
WITH COMMUNITY COUNCIL FOR HIRING HANDICAPPED PERSONS.
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 the Community Council , whereby the City will utilize, on an ex-
perimental basis , handicapped persons to perform certain maintenance functions for
the City, 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. 2800 be passed.
Motion seconded by Alderman Shearman.
City Manager Stuart Bach explained that our contract is with Community
Council and not Individual Development Center. They will be hiring the employees.
The motion was carried by the following vote :
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6a
A proposed resolution was presented awarding the bid for main water line re-
placement at Memorial Auditorium.
RESOLUTION NO. 2801
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR MAIN WATER LINE
REPLACEMENT AT MEMORIAL AUDITORIUM.
WHEREAS, the City of Wichita Falls advertised for bids for replacing the
main water line at Memorial Auditorium; and,
WHEREAS, two bids were received, and it is found that Oden Mechanical Con-
tractors, Inc. , who bid $7,780, was the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Such bid of Oden Mechanical Contractors, Inc. in the amount of $7,780 is
hereby accepted, and the City Manager is authorized to enter into a contract for
the City with said contractor for such project.
Moved by Alderman Thomas that Resolution No. 2801 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 7a
A proposed resolution was presented approving Change Order Number One for
water distribution improvements.
66
Item 7a, cont'd.
RESOLUTION NO. 2802
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT FOR CONSTRUCTION OF
WATER DISTRIBUTION IMPROVEMENTS FROM FAIRWAY BLVD. TO LAWRENCE ROAD.
WHEREAS, the City of Wichita Falls and Crookham & Vessels , Inc. , as contractor,
entered into a contract dated May 26, 1981 , for the construction of Water Distribu-
tion Improvements from Fairway Blvd. to Lawrence Road; and
WHEREAS, the manufacturer of the 20" water pipe has indicated to the City a
savings of $4,329.00 by the use of pretensioned pipe over prestressed pipe, and
has assured the City that the pretensioned pipe is of sufficient strength to
maintain city pressures; and
WHEREAS, the engineers has submitted Change Order No. 1 which will decrease
the contract amount by $4,329.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Change Order No. 1 to the contract dated May 26, 1981 with Crookham & Vessels,
Inc. is hereby approved and the Director of Public Utilities is authorized to exe-
cute the same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2802 be passed.
Motion seconded by Alderman Smith.
Joe Smith , Director of Public Utilities , explained the difference in the two
pipes for the amount of fill over the pipe.
The motion was carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 8b
Authority was requested to advertise for bids for construction of the landfill
access road.
Moved by Alderman Thomas that authority be granted to advertise for bids, as
requested.
Motion seconded by Alderman Shearman, and carried unanimously.
Item 8c
Permission was requested to advertise for bids for improvements to Bellevue Park.
Bill Hursh and Mike Lovely presented plans for the reconstruction of Bellevue
Park. A sunken botanical garden is proposed where the tennis courts are now. They
will use concrete walls for the time capsule, and also in connection with the bo-
tanical garden. Restrooms will also be included. The playground will be consol -
idated in one unit with paraplegic access. They also plan good color area through-
out the park. Off-street parking will be provided. They do not anticipate any
picnic tables. Benches will be provided.
Mayor Hill asked where the location will be for the sculpture? It will be
located nearer the 9th Street side. Trees will remain. A walk system will be de-
veloped, as well as a lighting system. Mayor Hill noted that we also need additi-
onal trees in our cemeteries.
67
Item 8c, cont'd.
Alderman Shearman asked how much the upkeep would be in this park? It was
stated that it would be more than most of them. He also asked about traffic.
Scotland Park has the highest. Bellevue would come in second or third. If they
counted the traffic on Broad, Holliday, 8th, and 9th, it would be higher than
Scotland.
Alderman Smith estimated that one additional employee in this park would be
sufficient for maintenance. He feels it is a well designed plan, and would be an
ideal place for this sculpture.
Alderman Thomas asked about the usage of the park. Mr. Hursh stated that a
large number of children come in from out of town to this park for activities.
We have more adult residents there. Most of the children who use this park are
not Wichita Falls children. Playground equipment will be used mostly by 6-12
year olds. Alderman Hampton noted that he had observed various ages using this
park.
Moved by Alderman Hampton that authority be granted to advertise for bids,
as requested.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston.
Nays: Alderman Shearman
Item 8d
Permission was requested to advertise for bids on the 1981 Community Develop-
ment paving program. This program will not have curb and gutter, and will not be
assessed against the property owners.
Moved by Alderman Thomas that authority be granted to advertise for bids , as
requested.
Motion seconded by Alderman Hampton, and carried unanimously.
Item 8a
Charles Dunham, Architect, presented plans for the renovation of the old
church building at 7th and Bluff for the city hall annex building. Only the
main floor will be remodeled at this time.
Mr. Dunham explained the existing conditions of the old building. The front
area will be used for taking care of tickets. There will be a bookkeeping area
and office space, lounge and toilets. There will be storage above Mrs. McNair' s
office. A corridor will go back to an entry way, and into the court room. There
will also be offices for an attorney, secretary, judge, and restrooms.
Airconditioning requirements were discussed. He stated that parking space is
adequate. There will be 12-15 employees , and 65-70 parking spaces.
A false stucco facade is planned for the exterior of the building, with court-
yards. Existing casement windows will be removed, and permanent type windows will
be installed. The South side facade extensions will be an additive alternate.
Alderman Russell requested that sprinkler heads for the planting areas be
provided.
Moved by Alderman Hampton that authority be granted to advertise for bids
for the renovation of the city hall annex building.
Motion seconded by Alderman Russell , and carried unanimously.
Alderman Russell commended Mr. Dunham for the most structured architectural
presentation that she has ever sat through.
68
The Board of Aldermen recessed at 9:35 A.M. for an executive session on per-
sonnel and pending litigation. The meeting resumed at 10:16 A.M.
Item 9b
Moved by Alderman Thomas that Perry Goolsby and Jacque Allen be appointed
to the Planning Board for three-year terms to expire in May 1984; that Tim
Fambrough be appointed Chairman for a two-year term to expire May 1983. (Mr.
Fambrough will replace Charles Dunham, who is leaving the city. )
Motion seconded by Alderman Smith, and carried unanimously.
The Board of Aldermen adjourned at 10:20 A.M.
PASSED AND APPROVED this 72'41 day of e, 1981 .
Mayor
ATTEST:
L;I'ty Clerk
6/4/81 A.2-9
This agreement made and entered into this the day
of 1981, by and between the Department of the
Air Force, hereinafter called Department, and the City of
�:s
Wichita Falls, Texas, hereinafter called City,
WITNESSETH:
Whereas, heretofore a lease was made between the Secretary
of the Air Force and the City of Wichita Falls,whereby the
Secretary leased to the City a tract of land in Wichita County,
Texas containing 50.73 acres, more or less,to be used as a
municipal air terminal operation; such lease also permitted
joint utilization of the existing and proposed military runways
at Sheppard Air Force Base by civil air carriers and other
civil aircraft equipped with functioning two-way radio,capable
Force Base control tower;
of communication with Sheppard Air
s -5551;
-41-443-eng
uch lease is Contract DA
and,
Sheppard
Whereas, Department and City have determined that
Air Force Base Runway 17-35, which is 7,000 feet long by 150
feet wide, has deteriorated, and it should be rehabilitated
and restored back to its design capability; and,
Whereas, Department and City have determined that entering
into this agreement to share the cost of the work by Department
and City is in the best interest of both the City and the
United States.
NOW, THEREFORE, FOR A14D IN CONSIDERATION of the mutual
covenants and agreements herein contained to be kept and
agree as
performed by the parties hereto, such parties hereby
follows:
1. Department shall, through an independent contractor or
contractors, rehabilitate and restore Sheppard Air Force Base
Runway 17-35, which is 7,000 feet long and 150 feet wide, back
to its design capability.
2. City will pay a share of the construction cost of this
Page 3 of 5 Pages
Agenda Item No.
08,
�t W 6"&
Rev. 6-9-81
8. Department shall make provision for inspections of the
project by representatives of City and Federal Aviation
Administration, and for participation by City and Federal
Aviation Administration in the final acceptance of the
construction project. Except for this provision, Department
shall control and administer the construction contract.
9. Department shall provide to City and to the Federal
Aviation Administration an audit report of all charges to
the project.
10. If, for any reason, the Department does not execute
the construction contract, and the project is not carried out,
Department shall return to City all of the payment which City
has paid Department under this agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by their duly authorized officers
as of the day and year first set out above.
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEPARTMENT OF THE AIR FORCE
BY:
Page 5 of 5 Pages
Agenda Item No.
1Z.
6/15/8 1
STATE OF TEXAS
COUNTY OF WICHITA
This agreement made and entered into this day of June ,
1981, by and between the City of Wichita Falls , hereinafter
called "City" , and Community Council, hereinafter called
"Council" ,
WITNESSETH:
WHEREAS , City and Council desire to utilize , on an
experimental basis , handicapped persons to perform certain
maintenance functions for City.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the covenants
hereinafter contained to be kept and performed by the parties
hereto, such parties hereby agree as follows :
1. The term of this agreement shall be for three months,
commencing July 1 , 1981, and expiring September 30, 1981.
2 . Council shall provide six handicapped workers and one
supervisor to perform maintenance tasks for City, which tasks
will generally fall into the category of "handwork" type
functions. The tasks to be performed by them will generally
involve litter pickup on City street right-of-way, cutting and
removal of weeds, overgrowth, trash and debris from public
drainage ditches and channels, weed removal from public side-
walks and street medians, but the tasks will not be limited to
such areas.
3. Council shall provide for insurance to cover any
injuries which might occur to the workers and supervisor in
the course of this experimental project.
4 . Council shall provide liability insurance in the
amounts of $100, 000 and $300 , 000 for bodily injury and $50, 000
for property damage, for any claims for damages which might
arise out of the activities of such workers and supervisor.
In addition, Council shall indemnify and hold City harmless
from all claims for damages arising out of the activities of
the workers and supervisor.
Page of Pages
Agenda Jt��mNo.
5 . Council shall provide a vehicle for the transportation
of the project employees from a pre-determined pick up point to
the designated job sites. City shall provide for the fuel ,
routine maintenance and storage of such vehicle.
6 . City shall provide all the tools to be used by the
project employees.
7. City shall provide general training for the supervisor
and project employees.
8. City shall make daily assignment of tasks to be performed
by the project employees, which assignments shall be accepted
by the Council ' s supervisor; such assignments shall generally
fall within the areas outlined above.
9. Council shall be responsible for the completion of
the work assignments in a thorough and satisfactory manner.
Upon completion of tasks, City shall review the same to determine
acceptability as to thoroughness and the quality of work per-
formed.
10. The project supervisor will work 40 hours per week,
and the project workers will work a maximum of 30 hours per
week for the duration of the project.
11. Council shall , with assistance by specified City
personnel, maintain daily logs of the type of work performed,
the locations of the work sites and the number and hours of
project personnel involved in the performance and completion
of the assigned work.
12 . Council shall , with assistance by City personnel ,
prepare .a cost evaluation report which, among other things,
shall determine the cost-effectiveness of this experimental
project.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed as of the day and year first
set out above.
-2-
Page of
Agenda Item No-.