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Min 08/04/1981 91 Wichita Falls, Texas Memorial Auditorium Building August 4, 1981 Item 1 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 W. Hampton Carol Russell Aldermen Curtis W. 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 J. W. Lasiter, Highland Heights Baptist Church. Items 4a-8d Items 5a and 5c were moved to the regular agenda. Moved by Alderman Thomas that the remaining items on the consent agenda be approved. Motion seconded by Alderman Hampton. Item 4a ORDINANCE NO. 3808 AN ORDINANCE AMENDING ORDINANCE NO. 3804 TO CHANGE THE DATE OF THE PUBLIC HEARING FOR THE WEEKS STREET ASSESSMENT PAVING PROGRAM TO SEPTEMBER 1 , 1981 , AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 4b ORDINANCE NO. 3809 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE FIVE (5) FOOT EAST-WEST UTILITY EASEMENT IN LOT 2, MINI-VENTURE SUBDIVISION TO THE CITY OF WICHITA FALLS. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and Boston Nays : None Item 5b RESOLUTION NO. 2822 RESOLUTION AUTHORIZING FIFTH YEAR FEDERAL GRANT APPLICATION FOR POLICE STATISTICAL ANALYST AND EXECUTION OF GRANT AGREEMENT. WHEREAS, the Board of Aldermen has heretofore approved a project for estab- lishing and developing a Police Department Statistical Analysis Office, which 92 Item 5b, cont'd. has received federal grants through the Texas Criminal Justice Council for the first four years of the project; and, WHEREAS, this project was funded on a matching basis for five years on a sliding scale from 100 per cent the first year to 20 per cent the fifth year; and, WHEREAS, the total projected cost for the fifth year is $26,985, and the matching ratio is $5,397 Criminal Justice Council funds and $21 ,588 City funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The continuation of the Police Department Statistical Analyst is approved, and the City Manager is authorized to make application for a federal grant for the fifth year of this project through the Texas Criminal Justice Council , and he is authorized to execute for the City the grant agreement. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 6a RESOLUTION NO. 2823 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF THE TANGLEWOOD SEWER EXTENSION. WHEREAS, the City of Wichita Falls and Crookham & Vessels, Inc. , as contractor, entered into a contract in December 1980, wherein said contractor agreed to con- struct the Tanglewood Sewer Extension; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the final estimate has been submitted on this project which estimate shows a total amount of work done as $129,371 .20 of which $128,371 .20 has been paid to the contractor, leaving a balance due of $1 ,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the Tanglewood Sewer Extension is accepted by the City of Wichita Falls , the final estimate is approved, and the City Manager is directed to pay to the contractor the amount due of $1 ,000.00. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 6b RESOLUTION NO. 2824 RESOLUTION ACCEPTING RECONSTRUCTION OF ROSEMONT CEMETERY ENTRANCE GATES. WHEREAS, the City of Wichita Falls , as owner, and Graham Wood, d/b/a F & W Construction Company, as contractor, entered into a contract dated January 21 , 1981 , wherein said contractor agreed to reconstruct the Rosemont Cemetery en- trance gates; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the total contract price for such project is $19,468, of which $17,521 .20 has been paid to the contractor, leaving a balance of $1 ,946.80. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I 93 Item 6b, cont'd. The reconstruction of the Rosemont Cemetery entrance gates is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the amount due at this time as set out above. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 6c RESOLUTION NO. 2825 RESOLUTION ACCEPTING CONSTRUCTION OF BOUNDARY FENCE FOR SOFTBALL FIELDS AT JAYCEE PARK. WHEREAS, heretofore the City of Wichita Falls and A-1 Discount Fence Co. , as contractor, entered into a contract dated May 26, 1981 for the construction of boundary fence for softball fields at Jaycee Park; and, WHEREAS, the construction of such fence has been completed in accordance with the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such boundary fence for softball fields at Jaycee Park is hereby accepted by the City, and the City Manager is directed to pay to the contractor the contract price in the sum of $13,996.94. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 7a Authority was granted to advertise for bids for repainting and repair of the Denver Street water tower. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 7b Authority was granted to advertise for bids for construction of a picnic shelter at Jalonick Park. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 7c V ' Authority was granted to advertise for bids for lighting at Spudder Park ball field. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 7d I Authority was granted to advertise for bids for a copier in the Police Department. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None i 94 Item 8 Minutes of the meetings of the following boards and commissions were received. a. Planning Board--July 8, 1981 b. Board of Electrical Examiners--July 9, 1981 c. Design Review Commission--July 16, 1981 d. Centennial Commission--July 17, 1981 Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5a A proposed resolution was presented declaring the necessity for acquiring and authorizing purchase or condemnation of a .206 acre of land for street purposes. Alderman Shearman questioned the City getting into the purchase of this land to enhance Sandra Gail 's building out there. Mayor Hill also had questions concern- ing it. City Attorney H. P. Hodge, Jr. stated this is the third time this type of situation has arisen, in his experience. We did this about a year ago on Profess- ional Drive at the Archer City highway. The Planning Board and the Traffic Depart- ment said the proper way to serve this subdivision was to bring Professional Drive across the Archer City highway. This land was not owned by the developer of the subdivision. It would be dedicated to the public by the subdivider. The alterna- tive was to put the street in a dog leg, which is considered very bad planning. The City wants to stay out of it until there is no other alternative. The subdivider paid all expenses of the condemnation. Another instance was on a sewer line going across Taft Street at Midwestern Parkway. When they were unable to work out a deal , the City stepped in and assisted in this purchase. He understands that this land is not owned by Sandra Gail , and he has been unable to acquire it. Mayor Hill wonders what objections these people have in not selling the land to the subdivider? Both Mayor Hill and Alderman Shearman stated that they hate to use the power of condemnation for this purpose unless every avenue has been exhausted. Alderman Hampton stated that he assumed the people want more for their property than it is worth. Ernest Lillard, Director of Public Works, stated that this is a personality conflict between the parties involved. Mayor Hill and Alderman Shearman stated that they hated to get involved in a personality conflict. Roger McKinney, Director of Planning, showed the Council what they plan to do. It would cross Hooper Road and divide the property. Mr. McKinney stated that either the road will need to be extended to Missile Road, or the subdivision would have to be redesigned. Dave Rhone and Aubrey Rairden own the property. Alderman Smith felt we should go ahead and approve it. It would make his property more valuable, and is needed. RESOLUTION NO. 2826 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, AND AUTHORIZING PURCHASE OR CONDEMNATION OF A 0.206 ACRE OF LAND FOR STREET PURPOSES. WHEREAS, Sandra Gail , Inc. is developing a 30.53 acre tract of land out of the Lewis Wells Survey, A-303, Wichita County, Texas; and, WHEREAS, in approving the preliminary plat of such property, the Planning Board required the right-of-way for alignment and access to Missile Road at its intersec- tion with Greentree Avenue across and through a Kiowa Land, Inc. tract, be dedicated prior to final platting; and, WHEREAS, the preliminary plat of this development, to be known as Pebble Hills Estates, provides for approximately 107 residential plots, and the Acting Director of Traffic and Transportation for the City has found that the extension of a collector street north to the intersection of Missile Road and Greentree Avenue is important to the development of this subdivision, as it would serve as a major collector for such 95 Item 5a, cont'd. subdivision; and in order to accomplish the connection, a portion of the Kiowa Land, Inc. property must be dedicated for street right-of-way; the intersection should be at esssentially right angle crossing so that proper traffic control can i be accomplished, including future signalization, if need; and, WHEREAS, Sandra Gail , Inc. has informed the City that they are unable to purchase such needed right-of-way from the Kiowa Land, Inc property; and since the proposed street is vital for efficient traffic flow and safety, Sandra Gail , Inc. has requested that the City of Wichita Falls exercise its power of eminent domain for the purpose of making such portion of the Kiowa Land, Inc tract available for this street extension; and, WHEREAS, Sandra Gail , Inc. has agreed to indemnify the City of Wichita Falls for its expenses and costs incurred in connection with such proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . It is necessary to acquire the fee simple title to that certain tract containing 0.206 acre out of the Lewis Wells Survey, A-303, in Wichita County, Texas, more fully described on Exhibit "A" , which is attached hereto and incorpor- ated herein, for public street purposes. SECTION 2. The City Manager is hereby authorized to purchase such tract of land in the name of the City of Wichita Falls; in the event he is unable to purchase such tract, he is hereby authorized and directed to cause to be instituted eminent domain proceedings to obtain the fee simple title to such tract of land in the name of the City of Wichita Falls. SECTION 3. Such tract of land shall be appraised by a qualified land appra- izer, and the price authorized to be paid for such tract is the value as determined by such appraiser; It is expressly understood that the purchase price of the land shall be paid by Sandra Gail , Inc. It is further understood that Sandra Gail , Inc. has agreed to reimburse and pay all expenses incurred in such proceeding, to in- clude, but not be limited to; damages to the remainder of the property, if any, appraiser's fees, special commissioners ' fees, court costs, attorney's fees, City of Wichita Falls staff time in preparation, handling and concluding such proceed- ings, and all incidental costs incurred by the City as a result of the request. Moved by Alderman Smith that Resolution No. 2826 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and Boston Nays : None Item 5c A proposed resolution was presented approving and authorizing the City Manager to execute a wrecker service dispatching contract with Plumlee Ambulance EMS, Inc. Alderman Shearman questioned why we are asking Plumlee to direct the wrecker service when we have a very capable police department and police dispatcher? He understands that 65-70 percent of the time the police is called even before the ambulance. The City Manager stated that it is a matter of using the dispatcher's time, and going down the wrecker rotation list. Alderman Shearman stated that he believes a system could be readily developed by the dispatcher, and we should use the services we have instead of contracting for it. Police Chief Harrelson stated that a person would have to see the activity in the dispatcher's office now to really appreciate what goes on. The City Manager stated that the wreckers pay this fee through the City. Chief Harrelson stated that the problems in the radio room are unbelievable. He would recommend not taking on this responsibility. He stated that it is extremely hectic. I 96 Item 5c, cont'd. RESOLUTION NO. 2827 RESOLUTION APPROVING AND RATIFYING A CONTRACT FOR WRECKER SERVICE DISPATCHING WITH PLUMLEE AMBULANCE EMS, INC. , AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME FOR THE CITY OF WICHITA FALLS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain wrecker service dispatching contract, in which Plumlee Ambulance EMS, Inc. , has agreed to perform wrecker dispatching services is hereby approved and ratified, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 2827 be passed. 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 9a Clifford Chancellor, an employee of the Sanitation Department, was honored as Employee of the Month for August. Mayor Hill presented him with a plaque and two tickets each to a theatre and dinner. Item 9b John Adams appeared as chairman of the Lake Wichita Steering Committee, and a property owner at 5119 Lakeshore Drive. He complained about excessive wasting of water down Holliday Creek, McGrath Creek, and the Wichita River. He presented cer- tain pictures to the Council . He stated that the Country Club does not use Lake Wichita water. He stated that Lake Wichita is a recreation spot, and would like it to be kept that way. He stated that he will go to Water Resources and the Environ- mental Protection Agency. Some people are recycling their own water. Lake Wichita is an emergency water supply right at hand. We have a good lake out there, and it needs to be taken care of. We need some repair on the dam and spillway. The canal that goes through the country club should be lined with concrete. He has talked to several people along that canal , and they won't use it because they are afraid it will kill their trees. The lake level has been dropped one and one-half feet within the last month. He would like to see it saved. Mayor Hill asked the City Manager to explain to Mr. Adams the regulation of the water level at Lake Wichita. The City Manager stated that these releases have been made on a non-continuing or periodic basis for the purpose of providing irrigation waterfor Weeks Park Tennis Center and golf course areas, and for the residents along the city aqueduct. The City is doing its best to serve several purposes. High lake levels back up into the Meadowlake Subdivision, resulting in complaints from some residents. Low lake levels irritate Lakeshore Drive residents. Lack of irrigation water hampers the grounds maintenance operation at the City's golf course and tennis center, as well as the irrigators along the City aqueduct. Two fishing ponds directly below the Lake Wichita dam receive fresh water from lake releases. The City has continuously attempted to maintain a flow in Holliday Creek for the ponds , for the public and private irrigators, to flush or prevent stagnation of the creek, and to help avert the flooding of downstream properties below the dam. Most im- portantly, the Lake Wichita dam was inspected by the State of Texas for the Corps of Engineers, and was given a very hazardous rating based on the potential for over- topping with the attendant loss of property and life in the Holliday Creek basin. They are trying to serve several masters; Mr. Adams and his group, fish ponds, and those along the canal who use the water. Joe Smith, Director of Public Utilities, stated that the average loss through evaporation is 54 inches per year for all lakes. In a 30-day period they have re- duced Lake Wichita one-half inch. Mr. Adams stated that the water is being wasted where the lake and Holliday Creek meet. He stated that we have a water supply near the tennis courts to water 97 i Item 9b, cont'd. Weeks Park Golf Course. Even though we own Lake Wichita, we have to answer to the water resources people and EPA. He would like to have their attention to see that something is done about it. Jimmy Horany asked to be heard. Mayor Hill told him to call the City Manager, and request that he be put on the agenda at the next meeting. Items 9c and 9d were removed from the agenda. Item 9e Douglas Underwood, No. 7 Briandale, appeared in reference to the sale of beer and wine for off-premise consumption on Kell Boulevard. He stated that he owns businesses on the Jacksboro Highway and Southwest Parkway. There is one convenience store on the corner of Grant and Avenue G in that area. The rest of them are on Seymour Highway West of Kemp Street. He stated that Kell Boule- vard is a designated State Highway 82 by the Highway Department. He presented a letter signed by Jimmy Stacks. He stated that he did a survey in that area. He knocked on 28 doors. Of those who came to the door, 12 people approved, and 4 disapproved. He understands that Kell is the only state designated highway not yet approved for alcoholic beverage sales. Alderman Shearman stated that he was in the liquor business for about nine years, and liquor laws are the hardest to understand. He noted that the ordin- ance says designated state highways. He asked who designates the highways? City Manager Stuart Bach stated that a map is retained by the City Clerk. City Attorney H. P. Hodge, Jr. stated that the ordinance says those streets presently designated. When the Council adopted this in 1969, the question arose whether they wanted to designate those at present, or those that may be designated in the future. For that reason they said those presently designated. Those streets are marked on a map maintained the Office of the City Clerk, so that map became a part of the ordinance. One councilman expressed that Kell would probably be designated as a state highway in the future, and he would not want it included. Alderman Hampton stated that it is a question of what this council wants to do today. Let's get down to a practical standpoint. Mayor Hill stated that he is afraid there will be one on every corner if we set a precedent here. Alderman Shearman asked what amount of total sales tax he collects each year? Gordon Walker stated that their city sales tax amounts to $1 ,300 to $1 ,500 per month. Mr. Underwood stated that he did not want to sneak in under a technicality, and he wanted to come before the Council with this matter. They know the present ordinance does not allow it. He stated that they want to make some money. Alderman Smith stated that he does not want to open up this stormy matter, and he moved that the waiver not be granted. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , and Smith Nays : Aldermen Shearman, Thomas , and Boston Alderman Hampton stated that he does not like waivers. He would rather have the opportunity to vote on an ordinance change instead of a waiver. Item l0a A proposed ordinance was presented approving and adopting estimates for the construction of street improvements under the 1981 Community Development Assess- ment paving program. ORDINANCE NO. 3810 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUC- TION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE 1981 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIREC- TING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. 98 Item 10a, cont'd. Moved by Alderman Thomas that Ordinance No. 3810 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 10b A proposed ordinance was presented amending Ordinance No. 3758, the Motor Vehicle Salvage and/or Junk Yard ordinance. ORDINANCE NO. 3811 J ORDINANCE AMENDING ORDINANCE NO. 3758, AS AMENDED, TO ADD TWO ADDITIONAL MEMBERS TO THE MOTOR VEHICLE SALVAGE AND/OR JUNK YARD COMMISSION, TO DELETE THE REQUIREMENT IN THE APPLICATION TO NAME MISDEMEANOR CONVIC- TIONS, TO DELETE THE STIPULATION IN THE APPLICATION THAT SUSPENSION OF LICENSE WHICH IS APPROVED BY THE CITY MANAGER OR ASSISTANT CITY MANAGER SHALL BE FINAL, TO CHANGE THE REQUIREMENTS CONCERNING FENCING, AND TO ALLOW STACKING OF CERTAIN CRUSHED VEHICLES. Moved by Alderman Thomas that Ordinance No. 3811 be passed. Motion seconded by Alderman Smith. Frank Gibson, Attorney, stated that the number of days need to be filled in in Section 7. Since the ordinance will not be effective for 30 days, the number 90 was inserted in the ordinance, for a total of 120. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 10c A proposed ordinance was presented waiving certain provisions of the Code of Ordinances to allow the sale, possession, and consumption of beer in Lucy Park for the chili championship. ORDINANCE NO. 3812 ORDINANCE WAIVING SECTION 22-1 OF THE CODE OF ORDINANCES AND ORDINANCE NO. 3363 (CODIFIED AS SECTION 22-4 OF THE CODE OF ORDINANCES) TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER IN LUCY PARK AT RED RIVER CHILI CHAMPIONSHIP ON OCTOBER 3, 1981 . Moved by Alderman Hampton that Ordinance No. 3812 be passed. Motion seconded by Alderman Boston. Alderman Thomas stated that four security people are not enough. He stated that he had never before seen so many drunk people in a square foot. He felt we should require at least eight security people. It was agreed to require eight security guards. The City was reimbursed last year for this expenditure. Alderman Shearman stated it seems we have two sets of standards. If we have an ordinance it should apply to everyone for the sale of beer or liquor. The motion was carried by the following vote. Ayes: Aldermen Hampton, Russell , Thomas, and Boston Nays: Mayor Hill , Aldermen Shearman and Smith i 99 Item 10d A proposed ordinance was presented waiving the minimum side street build- ing setback requirement of the Comprehensive Subdivision Ordinance. ORDINANCE NO. 3813 AN ORDINANCE WAIVING THE MINIMUM SIDE STREET BUILDING SETBACK REQUIREMENT OF THE SUBDIVISION ORDINANCE NO. 2118 FOR LOT 1 , BLOCK 3, HARRISON ADDITION, CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Thomas that Ordinance No. 3813 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item lla A proposed resolution was presented authorizing the City Manager to enter into an agreement with Joe M. Nall and Associates, Inc. , for the purpose of evaluating the recently filed rate increase request of Lone Star Gas Company. RESOLUTION NO. 2828 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOE M. NALL & ASSOCIATES, INC. FOR THE PURPOSE OF EVALUATING AND DETERMINING THE REASONABILITY OF LONE STAR GAS COMPANY'S RATE INCREASE REQUEST. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The proposal dated July 20, 1981 , a copy of which is attached hereto, from Joe M. Nall & Associates, Inc. to provide expert assistance to the City in analyzing Lone Star Gas Company's request for rate relief in furnishing domestic gas service is hereby approved, and the City Manager is authorized to contract with Joe M. Nall & Associates, Inc. by signing such proposal . Moved by Alderman Russell that Resolution No. 2828 be passed. Motion seconded by Alderman Hampton. City Manager Stuart Bach suggested that the analysis of operational effic- iency might be a two-step process; however, he recommended that we go to step one and see what the results are. Step one would entail a comparative overview of basic cost indicators (comparing Lone Star indicators with those of similar gas utilities) . Step two would invlove a more in-depth analysis. Alderman Smith stated that the utility companies are on a collision course with their customers. Somewhere down the line something will have to give. Fixed and low income people are finding it hard to pay the bills. A consultant will perhaps look at this. Alderman Thomas stated that inflation is eating this nation alive. Until we can do something about it, we will have this problem. Each of us has to do his part. Mayor Hill stated that he does not understand why operational expen- ses have increased 33 percent. He stated that he is serious about Mr. Bach looking into the matter of us owning our own electric plant. Alderman Shearman stated that it is part of the responsibility of each business to the community to keep their expenses as low as possible. This is part of good management. Aldermen Smith and Shearman agreed that nobody guar- antees them a dime return on their businesses. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None 100 Item llb A proposed resolution was presented approving and authorizing the City's participation the the TML-Southwestern Bell Rate Case Trust Fund. RESOLUTION NO. 2829 RESOLUTION APPROVING AND AUTHORIZING THE CITY'S PARTICIPATION IN THE TML-SOUTHWESTERN BELL RATE CASE TRUST FUND. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City's participation in the TML-Southwestern Bell Rate Case Trust Fund, for which the City's cost will be $3,297 based on 3.5 cents per capita, is hereby approved and authorized. Moved by Alderman Thomas that Resolution No. 2829 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 12a A proposed resolution was presented approving a change order for the devel- opment of a creative play area at Wood Memorial Park. RESOLUTION NO. 2830 RESOLUTION APPROVING CHANGE ORDER TO CONTRACT WITH SCALES CONCRETE CONSTRUCTION CO. , INC. FOR CONSTRUCTION OF CREATIVE PLAY AREA AT WOOD MEMORIAL PARK. WHEREAS, the City of Wichita Falls and Scales Concrete Construction Co. , Inc. , as contractor, entered into a contract dated June 9. 1981 , for the construction of creative play area at Wood Memorial Park; and, WHEREAS, the Board of Aldermen has determined that it is advisable to change such contract to delete the stone dome (a reduction of $5,452) and to reduce the drainage system by using a substitute drainfield pipe requiring less grading and construction (a reduction of $1 ,950) , which changes will reduce the contract price by $7,402. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A change order to the contract dated June 9, 1981 , with Scales Concrete Con- struction Co. , Inc. embodying the above changes, which will reduce the contract price from $41 ,678 to $34,276, is hereby approved and the City Manager is authori- zed to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2830 be passed. 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 13a Permission was requested to transfer $3,903 worth of excess playground equip- ment from Wood Memorial Park to Jalonick Park. This would supplement the Jalonick Park equipment. Moved by Alderman Thomas that playground equipment at Jalonick Park be supple- mented by playground equipment from Wood Memorial Park. Motion seconded by Alderman Hampton, and carried unanimously. 101 Item 13b Randolph Duke appeared on behalf of himself and Delbert Gandy, requesting that various sections of the ambulance ordinance be amended. Mr. Duke stated that Mr. Bach told him that he could go into the transfer business, but that he could not charge. He is not trying to take away any contract with anyone else. He just wants to go in business for himself. He stated that Gold Cross had a contract for 14 years. He asked for the Code of Ordinances to be changed. Alderman Thomas asked him if he had the contract, and someone else wanted to come in, would he not come up here and protest? He also stated that we cannot afford to make changes that would allow him to come in for the best part of the business. This is kind of like the utility companies. Alderman Shearman stated that in his business there is not a day that he does not have to take the good with the bad. We have to have an ambulance ser- vice that runs emergency ambulances, and he wants to have the cream rather than take the skim milk, too. Mayor Hill thanked Mr. Duke for his appearance. Moved by Alderman Thomas that no amendments be made to the present ambulance service ordinance. Motion seconded by Alderman Shearman, and carried unanimously. Item 13c City Manager Stuart Bach noted that a special meeting will be held on August 18 for the purpose of awarding bids on the transfer station, and issuing certificates of obligation. A budget session will also be held with the Council . Sam Francis , 1006 Austin, complained that an alley in the 2100 block of Taft needs to be graded up. The City Manager requested that Mr. Francis get in touch with Mr. Lillard. J. C. Boyd, Jr. , Executive Director of Midtown Now, thanked the Council for the resurfacing which is going on downtown. Items 13d,e The Board of Aldermen went into executive session at 10:25 to discuss board appointments. The meeting resumed at 10:40. Moved by Alderman Thomas that Major Phil Ruiz be appointed to the Parks Board for a term to expire December 31 , 1983. (replacing Norma Crane) Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that Ken Wampler be appointed to the Traffic Com- mission for a term to expire December 31 , 1981 . (replacing Harold Bristol ) Motion seconded by Alderman Russell , and carried unanimously. Moved by Alderman Thomas that the following be appointed to the Motor Vehicle Salvage/Junk Yard Commission for one-year terms . From the salvage industry--Charles E. Henry and Willie Vaughan (Alternate) At-Large Member--Wayne Tarkington and Mrs. Mary Jane Smith (Alternate) Motion seconded by Alderman Russell , and carried unanimously. The Board of Aldermen adjourned at 10:43 A.M. PASSED AND APPROVED this _/'J'� X�dlay of lL < < 1 1981 . ATTEST: Mayor City Clerk Joe M. Nall & Associates Inc . Consulting Engineers MUN-OPAL I TY WORK ORDER .5 DATE: July 20, 1981 I CLIENT: City of Wichita Falls Mr. Stuart Bach, City Manager ADDRESS; P.O. Box 1431 Wichita Falls, Texas 76307 PROJECT: Gas Rate Ana 1 JMN Job No. 06-81-�n d Management 0 eratin SCOPE OF SERVICES: Efficient Stud Lone To provide expert assistant Star Gas Compan e to the City Y s request for rater y Of Wichita F These relief in furnishing in analyzing paragraphs services, including urnishing domestic g the g hes s the City�s rung the work prescribed gas service. Manager and shall include quest, are to be under Part I in quests of Lone Star but not be limited Provided at the the first 7 revenues and p Gas Com �mited to; anal direction of fair and e ex erases and rate Offor the determinan a Ses of the applications City work equitable char return that s of the pplications and described as p charges for domestic hoard be the roper rate base, which we have art 11 in Cit gas consum in determining agement agreed to perform y s request includes Ion in Wichita F Cit Operating efficient this work. And (4) more ails' Optional yes request and is y is Part III finally, an paragraphs in made a part of °r the remains of �n-depth study of man- The Consul ting this agreement. paragraph 8 in the written letter-t g Engineer's findin documents and type reports t0 the findings and recommendations Falls have Other information h y9 after all n shall be set vice been reviewed b pplied b necessary under] forth in will be assessed y the Consultancy the Gas Company t0 e City records, reserve for depreciation assure usefulness, A random the City �n service y Plant A determination of a of Wichita is stated to be 1 account can be made p °f the plant in ser- the gas distribution less than the theoretical tares recommended plant conditions might Of new Condit . Of If will be block might need to be ' an independent studyplant analyzed to performed. study of The Consulting assure coverage of All rate struc- considerable g Engineer shall make available to t revenue re experience in requirements. BILLING gas utility rate making to he City AND ACCOUNTING y expert witness with DATA: Present testimony. For services r Consulting vicesndered, the actualEngineers, upon submissiontOfhall M. Nall hours of services f pay Joe & Associates Engineer's established furnished monthly invoices revenue hourly multiplied b , an amount Inc. , r or from taxes which y salary cost. y the product of equal to the 9 the same or from the munici This expense shall the Consulting the utility requesting agrees to lev come from current In addition, questing change in the rate for the purpose of :ost for all out-of-pocket the Client ate ordinance, pay- out-of-pocket expenses directlythe in Engineer chargeable to the work each month at . Work Order, City of Wichita Falls Gas Rate AnalJMN is an_Mn e p6- eratob No. 081-GC in9 Efficien cv Study Unless Prolonged by lengthy Commission of Texas g Y hearings before the City Commission to a Tmaximum as, the services billings of Council and the Railroad 9 the Consulting Engineer will in Part $14,899 in Part 1, $g_ ,895 in part II, and $1-_0� in Part III. APPROVED FOR: CITY OF WICIiITA FALLS APPROVED FOR: JOE M. NALL & ASSOCIATES, INC. BY: e' City Manager i ie�re�� nt BY: Title: City Clerk DATE: A copy of the City of Wichita Falls Re made a part hereof. quest for Pro in that document shall l bes mutually agreed and Proposals is attached hereto and Inc. that the consultant shall not understood that the items and , at a minimurP,b presented under step two of item proceed with an oe M. Nall and Associates, representative, Furthermore, number eight Y of the work the maximums . Ffo th hereinath g unless authorized in sultan required the fees to be paid the consultant notthe Cexc'ee the the City, a unless specificallya d approved and authorized c`� 94 JOE M. NALL & ASSOCIATES , INC. F E I? S C H E D U L E October 1 , 1977 Principal Engineer ---------------------------- 50.00 per hour Data Systems Consultant ----------------------- 45.00 Managing Examiner ----- Senior Engineer ------------------------------- 40.00 Senior Examiner ------------------------------- 40.00 Data Manager ---------------------------------- 40.00 Engineer -------------------------------------- 30.00 Examiner -------------------------------------- 30.00 Associate Engineer ---------------------------- 25.00 Senior Engineering Technician ----------------- 25.00 Senior Data Processing Technician ------------- 25.00 Junior Engineer ______________________________ 20.00 " n Engineering Technician -------- Data Processing Technician -------------------- 18.00 Associate Engineering Technician -------------- 15.00 Associate Data Processing Technician ---------- 15.00 Junior Engineering Technician ----------------- 12.50 Junior Data Processing Technician ------------- 12.50 Steno-Typist ---------------------------------- 11.50 Other qualified personnel as needed.