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Min 02/16/1982 259 Wichita Falls, Texas Memorial Auditorium Building February 16, 1982 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. Kenneth Hill Mayor Gene Shearman John W. Hampton Carol G. Russell Aldermen Curtis W. Smith James B. Thomas Horace 0. Boston Stuart Bach City Manager er H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by Jim Rudd, Highland Heights Christian Church. Item 3 Moved by Alderman Thomas that minutes of the meetings held February 2 and 3, 1982, be approved. Motion seconded by Alderman Shearman, and carried unanimously. Items 4a - 8a Moved by Alderman Russell that the consent agenda be approved. Motion seconded by Alderman Shearman. Item 4a ORDINANCE NO. 13-82 AN ORDINANCE ACCEPTING IMPROVEMENT OF THE WEEKS ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 3804 DECLARING THE CONTRACT WITH TIMMINS-ANDERSON CORPORATION, WICHITA FALLS, TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED DIRECTING THE ISSUANCE, EXECUTION AND DELIVER OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDIT HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING. THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas and Boston Nays: None Item 4b v i ORDINANCE NO. 14-82 i ORDINANCE AMENDING ORDINANCES NO. 3447, NO. 3642, AND NO. 3687, CHANGING THE TIME WHEN INTEREST WILL BEGIN TO RUN ON PAVING ASSESSMENT PAYMENTS. i i 260 Item 4b, cont'd. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 5a RESOLUTION NO. 34-82 RESOLUTION APPROVING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR ON MUNICIPAL AIRPORT APRON RECONSTRUCTION PROJECT. WHEREAS, the contractor has completed work on the Municipal Airport apron reconstruction project in accordance with the plans and specifications; and, WHEREAS, the total revised contract was for the sum of $83,325.23; and, WHEREAS, Timmins-Anderson Corporation has completed work in the amount of $83,325.23. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such project is hereby accepted by the City of Wichita Falls, Texas. The total amount due Timmins-Anderson Corporation on the project is $17,437.01, and the City Manager is authorized to make final payment based on this amount. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 5b RESOLUTION NO. 35-82 RESOLUTION CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 3, 1982, AND NAMING ELECTION OFFICIALS AND POLLING PLACES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An election shall be held in the City of Wichita Falls , Texas on April 3, 1982 for electing the following officials of the City: Mayor Alderman, Place Four Alderman, Place Five Alderman, Place Six The said election shall be held at the polling places named on the attached exhibit, with the persons as shown acting as Presiding Judges and Alternate Presiding Judges. The voters residing in the city limits of Wichita Falls within the County Precinct Numbers given on such exhibit shall vote in the City Boxes as shown on such exhibit. The Presiding Judge for each polling place shall appoint six clerks who shall assist the Presiding Judge and alternate in jointly conducting the election with the Wichita Falls Independent School District. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 6a The low bid for a four cubic yard Street Sweeper was awarded to Davis Truck and Equipment, Irving, Texas , in the amount of $59,450. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None 261 Item 6b Low bids for high pressure sodium lighting equipment were awarded as follows. a. Group 1 (Activities Center Parking Lot) - Nunn Electric Supply Company. $7 ,228.80. b. Group 2 (Municipal Airport) - Nunn Electric Supply Company. $1,660.00. c. Group 3 (South Central East and Henry S. Grace Freeway) - United Electric Company. $27,005.87. d. Group 4 (Various locations for Community Development Block Grant program) - United Electric Company. $16,221.47. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 6c Bids were considered for vending machine service at various city facilities. Alderman Russell asked about the heaviest user and the percentage. Grace Rooney, Administrative Assistant, explained that she took the volume count last year, and applied it to the percentage. She explained that there is this much more volume at the police station to warrant it. Mr. Deroy appeared, representing the Coca Cola Company. He stated that the idea of a concession is to keep employees happy, and not to make money. He stated that he had talked with Dane Bennett and Brent Proffitt. Both were happy with the service. The water and service office staff were also very happy. The majority of the drinkers in this area drink a cola. drink. Dr. Pepper makes RC Cola. Everyone they talked to did not want an RC Cola. Over fifty percent drink a cola drink, and less than one percent is RC Cola. He stated that they might. consider keeping the employees happy. There is no comparison with Coca Cola and RC Cola. John McMillan appeared representing Dr. Pepper Bottling Company. He stated that he has talked to several people in the City, and they are very happy to be getting Dr. Pepper. Their service is not excelled by anyone. Alderman Shearman asked and Mr. McMillan confirmed, that his company submitted the best return. RESOLUTION NO. 36-82 RESOLUTION ACCEPTING THE BID OF ROWE VENDING COMPANY ✓ I FOR FURNISHING VENDING MACHINE OPERATION SERVICES AT CERTAIN CITY FACILITIES, APPROVING THE ATTACHED CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, heretofore the City of Wichita Falls advertised for bids for a contract for furnishing vending machine operation services at various city facilities; and, WHEREAS, three bids were received, and it is found that the bid of Rowe Vending Company is the best bid for the furnishing of vending services at certain city facilities , to-wit, the Police Headquarters Building, the Central Garage Building, the Bus Barn Building, the Health Unit Building, the Sanitation Department Building, the Street Department Building, the Park Maintenance Barn, Martin Luther King Center, Water and Sewer Headquarters and Parks Maintenance Shops at Kiwanis, Southern Hills and Williams Parks; and, WHEREAS, three bids were received, and it is found that the bid of Rowe Vending Company is the best bid for the furnishing of certain vending services, including candy, snacks, coffee, hot chocolate, fresh food, fruit juice, milk and cigarettes from coin-operated vending machines at those locations designated above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Rowe Vending Company is hereby accepted, the attached contract is hereby approved, and the City Manager is authorized to execute the attached contract with Rowe Vending Company for, the furnishing of certain vending machine operation services at the aforementioned locations. i i 262 Item 6c, cont'd. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None RESOLUTION NO. 37-82 RESOLUTION ACCEPTING BID OF DR. PEPPER BOTTLING COMPANY OF WICHITA FALLS FOR FURNISHING SOFT DRINK VENDING SERVICES AT VARIOUS CITY FACILITIES, APPROVING THE ATTACHED CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, heretofore the City of Wichita Falls advertised for bids for a contract for furnishing vending machine operations at various city facilities , including the Police Station, the Central Garage, the Activities Center, the Health Unit facility, the Sanitation Department Building, the Street Department Building, the Martin Luther King Center, the 'Water and Sewer Headquarters, the Waste Treatment Plant, the Park Maintenance Barn, and the Maintenance Shops at Kiwanis, Southern Hills, and Williams Parks . WHEREAS, bids were received, and it is found that the bid of Dr. Pepper Bottling Company of Wichita Falls is the best bid for furnishing soft drink vending services at those city facilities mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Dr. Pepper Bottling Company of Wichita Falls is hereby accepted, the attached contract is hereby approved, and the City Manager is authorized to execute the attached contract with Dr. Pepper Bottling Company of Wichita Falls for the furnishing of soft drinks and soft drink vending machine operations at the aforementioned locations . Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 6d The bid for an estimated annual supplies of tires and tubes was awarded to Ayres Tire Company in the amount of $233,463.37. Alderman Thomas stated that he had talked to people in the tire business . The service and the inventory required makes them not want to fool with it. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 7a Authority was requested to advertise for bids for microfilm equipment for the Police Department. This equipment will be used to film records for various city departments. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 7b Permission was requested to advertise for bids for traffic signal equipment. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 8a Minutes of the meeting of the Park Board held on January 28, 1982, were received. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None 263 Item 9a Dale Terry appeared, representing the Traffic Safety Council . He proposed that the Traffic Safety Council be re-created as it has existed in the past. He requested that it be placed under budgetary procedures of the City of Wichita Falls effective October 1, 1982, but that it be allowed to operate on funds received between now and October 1, 1982. He requested that two members of the Traffic Safety Council serve as ex officio members to the Traffic Commission for exchange of information. He would also like Mr. Bach to appoint a staff person to the re-created traffic safety council . A full slate of members and ex officio members will be presented to the Board of Aldermen for their consideration. He stated that he believes they are more important today than when they started. He would appreciate their consideration and vote of confidence. Alderman Shearman asked how the Traffic Safety Council obtains funds to operate? Mr. Terry stated that funds come from the defensive driving course. It is all kept in that fund except that $5.00 per head is paid to the City for administrative purposes. Alderman Smith stated that he had a long visit with Mr. Terry and several members of the committee, and they cleared up a lot of questions he had. They do have a lot of programs which are very effective. They have agreed to budgetary requirements and ex officio members on the Traffic Commission. He would withdraw any opposition to combine it with the Traffic Commission. Alderman Thomas stated that he feels the same way. They need all the citizen input which they can get and he encouraged them all he could. Alderman Hampton concurred. Mayor Hill asked Chief Harrelson if he had any coordination problems with the Traffic Safety Council? Chief Harrelson stated that he had none. Item 10a A proposed ordinance was presented repealing the ordinance which established a Data Access Advisory Board. The Texas Open Records Act preempts the authority of the Data Access Advisory Board, and eliminates the need for it. ORDINANCE NO. 15-82 ORDINANCE REPEALING ORDINANCE NO. 2688, WHICH ESTABLISHED A DATA ACCESS CONTROL PLAN AND CREATED A DATA ACCESS ADVISORY BOARD. Moved by Alderman Thomas that Ordinance No. 15-82 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 10b A proposed ordinance was presented repealing the ordinance which created the Board of Literary Review. The Texas Penal Code now is more specific. in the definition of obscenity; therefore, this board is no longer needed. It has not even met for the past 20 years. ORDINANCE NO. 16-82 ORDINANCE REPEALING DIVISION II OF ARTICLE IV OF CHAPTER II OF THE CODE OF ORDINANCES, WHICH CREATED i THE BOARD OF LITERARY REVIEW. Moved by Alderman Thomas that Ordinance No. 16-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston s Nays: None i I i i 264 Item 10c Moved by Alderman Thomas that the item on combining the Traffic Safety Council with the Traffic Commission be passed over. Motion seconded by Alderman Shearman, and carried unanimously. Item 10d A proposed ordinance was presented appointing the City's Planning Board as the Airport Zoning Board, and repealing Resolution No. 1380. Alderman Russell asked if the Planning Board is agreeable to these responsibilities? The City Manager stated that they are. ORDINANCE NO. 17-82 ORDINANCE APPOINTING THE CITY'S PLANNING BOARD AS THE AIRPORT ZONING BOARD AND REPEALING RESOLUTION NO. 1380. Moved by Alderman Thomas that Ordinance No. 17-82 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 10e A proposed ordinance was presented to allow the sale, possession, and consumption of beer at the 4-H Barn on Saturday, May 1, 1982, for the Arthritis Foundation fund raiser. Alderman Russell asked about the setting of a precedent at this location? City Attorney H. P. Hodge mentioned the Chili Cook-off. ORDINANCE NO. 18-82 ORDINANCE WAIVING ORDINANCE NO. 2491, AS AMENDED, TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER AT ARTHRITIS FOUNDATION WRESTLING MATCH AT THE 4-H BARN ON SATURDAY, MAY 1, 1982. Moved by Alderman Thomas that Ordinance No. 18-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: Mayor Hill Item 10f A proposed ordinance was presented to allow the sale of beer at the annual Mexican dinner on March 13, 1982, at Our Lady Queen of Peace Parish Hall . Funds derived from the dinner will be used for student scholarships. ORDINANCE NO. 19-82 ORDINANCE WAIVING ORDINANCE NO. 2491 AS AMENDED, TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER AT OUR LADY QUEEN OF PEACE PARISH HALL AT THEIR EIGHTH ANNUAL MEXICAN DINNER ON SATURDAY, MARCH 13, 1982. Moved by Alderman Shearman that Ordinance No. 19-82 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: Mayor Hill 265 Item lOg A proposed ordinance was presented amending the Code of Ordinances to set winter month rates for yard sprinkler water meters. ORDINANCE NO. 20-82 ORDINANCE AMENDING SECTION 32-20 OF THE CODE OF ORDINANCES TO REDUCE THE READINESS-TO-SERVE CHARGE FOR YARD SPRINKLER WATER METERS METERING NO CONSUMPTION DURING WINTER MONTHS. Moved by Alderman Thomas that Ordinance No. 20-82 be passed. Motion seconded by Alderman Boston. City Manager Stuart Bach stated that those people who had only yard sprinklers were being billed in winter months for water whether it was being used or not. They will now bill them fifty percent to take care of our maintenance and operation expenses on the larger mains. Alderman Hampton asked which is the cheapest route to go -- whether you have one large meter or two meters? Alderman Smith stated that they recommended two meters in order to not have to pay the sewer charge. They have now set a maximum of $10.75 for sewer charges. It is probably advantageous to go to one meter now. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 10h Proposed ordinances were presented transferring funds within the general fund to enable the purchase of dump beds for street maintenance vehicles . ORDINANCE NO. 21-82 i AN ORDINANCE TRANSFERRING FUNDS WITHIN THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 21-82 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 ORDINANCE NO. 22-82 AN ORDINANCE REDUCING AN APPROPRIATION IN THE TRANSIT FUND IN ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 22-82 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 l0i A proposed ordinance was presented amending the Code of Ordinances to delete sewer charges for metered yard sprinkler systems. t w 266 Item 101 , cont'd. ORDINANCE NO. 23-82 ORDINANCE AMENDING SUBSECTION (a) OF SECTION 32-57 OF THE CODE OF ORDINANCES TO PROVIDE THAT WATER USED BY A SEPARATELY METERED YARD SPRINKLER SYSTEM WILL NOT INCREASE THE CHARGE FOR SEWER SERVICE. Moved by Alderman Thomas that Ordinance No. 23-82 be passed. Motion seconded by Alderman Shearman, 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 awarding bids to concession operators in various parks. RESOLUTION NO. 38-82 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR CONCESSION OPERATIONS AT BRIDWELL AND TESCO PARKS. WHEREAS, sealed bids were taken for concession operations at certain City parks; and, WHEREAS, one bid was received for Bridwell Park, one bid was received for TESCO Park, and no bids were received for the other parks ; and, WHEREAS, Doug Mathis bid twenty-two percent of gross sales for Bridwell Park, and he bid thirty percent of gross sales for TESCO Park, and the Board of Aldermen find that these bids are fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The above described bids by Doug Mathis are hereby accepted, and the City Manager is authorized to execute contracts on the standard City form with Doug Mathis for concession rights at Bridwell Park and TESCO Park during the 1982 season. Moved by Alderman Thomas that Resolution No. 38-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item llb Bids for five dump beds for the Street Department were considered. The low bid did not meet specifications, and it was recommended that the low bid meeting specifications be awarded to Longhorn Trailer Company, Wichita Falls, in the amount of $4,435.50 each, for a total of $22,177.50. Moved by Alderman Thomas that the bid be awarded, as recommended. Motion seconded by Alderman Boston, and carried unanimously. Item 12a Permission was requested to advertise for bids for construction of a tennis center pro shop in Hamilton Park. Moved by Alderman Hampton that authority be granted to advertise for bids for the pro shop. 267 Item 12a, cont'd. Motion seconded by Alderman Russell . Alderman Shearman asked how many square feet are in this building? Lill Hursh and Charles Harper presented plans , indicating that it is over 2000 square feet. It is about the same size as the Weeks Park tennis pro shop. Alderman Smith stated that the Parks Board has gone over it with a fine tooth comb. Alderman Russell asked if there is anything that is not working with the Weeks Park building that should be considered in this one? Alderman Smith mentioned the restrooms. Bill Hursh also mentioned the floor covering. Alderman Shearman asked about the low water crossing bridge to Weeks Park. Mr. Hursh explained that it would be improved, but not replaced. There is another bridge. The motion was carried unanimously. Item 13a Kay Cecil , of the Dallas office of Marshall and Stevens , stated that there are several reasons for establishing a fixed assets account. It helps the bond rating, it will clean up an audit opinion, insurance, and it also helps the city's inventory. In conducting a physical inventory, you place a value on the assets, code and process through the computer, and perpetuate the system. They have prepared a Policy Procedure Manual . This should be updated at least annually. She defined fixed assets as tangible matter, which means it is going to last. It includes improvements other than buildings and real estate. Alderman Smith asked about excluding traffic signals, street signs , etc? Kay, Cecil stated that general acceptable accounting procedures indicate that they are really only of value to the City. They are included in memo form, but not in detail . Alderman Hampton noted that the system is designed so that the annual updating will be done by in-house personnel . Alderman Shearman asked how much this report cost the City? Kay Cecil stated she believed it was $39,000. Item 13b Bob Gooch, of the engineering firm of Freese/Nichols in Fort Worth , presented i a Phase II engineering report on Ringgold reservoir. Mr. Gooch stated that Wichita Falls is in very good position right now as far as supply and demand is concerned. Another supply for city purposes only will not be needed before 2010. It would be needed earlier if the City and Texas Electric entered into a joint venture. Alderman Thomas inquired if we are not required to complete it within a certain time after the permit is granted? Mr. Gooch answered in the affirmative. Alderman Thomas also asked if we are in� competition with Fort Worth or someone else as far as getting a permit is required? Mr. Gooch stated that at this time he knew of no one else interested in the Ringgold site, but this might change. Alderman Thomas asked how easy it would be to get a permit? He noted that we would have to show a need, and we might have a difficult time convincing the Water Quality Board that we need it at this time. Mr. Gooch stated they base it on the worst drought. Alderman Shearman asked at what point he believed TESCO would be interested in participating in this lake? City Manager Stuart Bach stated that he hoped to have a report to the Council on this within the next 30-60 days. If we started the lake today, it would be 1990 before water would be in it. We also have to recognize that there is someone else out there who may want that site for themselves. Mr. Bach stated that he did not think the permit is the problem. It would be whether we want to impose 65 million dollars on the users today, or wait a while. Mayor Hill and Alderman Hampton questioned whether it would be 65 million or 130 million later. Alderman Shearman asked how we would pay for it? It would amount to $6,500 for every man, woman, and child in Wichita Falls . He feels the taxpayers are pretty well strapped with high utilities , taxes , etc. I i R i I 268 Item 13b, cont'd. Mr. Bach stated they have the data to figure out what they want to do now. This report in 30-60 days should show us this. Alderman Thomas commented that when industry comes to an area, and if we had something on the horizon, that industry might choose Wichita Falls instead of another town. Mr. Gooch stated that Ringgold is the only watershed available to us in this area when it is needed. Twenty seven thousand acre feet would be added, or 60 percent of our present supply. The Texas Electric power plant could use this as a cooling lake for excess heat. It would not be polluted. Existing water rights for the lake are very few, and would not pose a problem for us. If we saw a need to have the lake in service in 19'90 we could do so, but we have more time than that before 2010. Alderman Thomas asked about the drainage basin. The quality of water would be about the same as Arrowhead or Kickapoo. Mayor Hill asked if we could be missing our guess on not needing water before 2010? Mr. Gooch stated this is based on past droughts. They have assumed that water would not be used completely in the present lakes. They have also left 50,000 acre feet in Lake Kemp for this purpose. Alderman Thomas asked Mr. Gooch if he had ever dealt with joint ventures which worked out well? Mr. Gooch stated this is done, especially West of here. It is a good approach if it is approached carefully. Alderman Shearman asked about the Ringgold site being previously voted down. City Attorney H. P. Hodge, Jr. explained that the project voted down in 1950 was a two-phase project. The first one was a smaller lake, with a larger one later, so it is not the same project. Alderman Hampton noted that water has been a critical problem in this area ever since animals inhabited this area. Somehow or other the problems have been solved over the years in the solution of water problems. It will take cooperation from both sides of the issue. He also empathizes with people who will have to give up their land, but feels there is an equitable way to solve this problem. Some of the landowners are in this audience. Item 13c A proposed resolution was presented re-establishing the Traffic Safety Council . RESOLUTION NO. 39-82 RESOLUTION REPEALING RESOLUTION NO. 2126; RE-ESTABLISHES THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL; PROVIDING FOR AUTHORITY AND RESPONSIBILITIES OF THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL; PROVIDING FOR MEMBERSHIP AND FISCAL RESPONSIBILITIES OF THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL. WHEREAS, the Wichita Falls Citizens Traffic Safety Council was established by Resolution No. 2126, passed and approved on the 3rd day of April , 1978, which provided for the membership and powers and responsibilities of said Council ; and, WHEREAS, the Wichita Falls Citizens Traffic Safety Council has proven its worth by implementing and establishing several innovative programs to promote traffic safety in Wichita Falls, including the school safety patrol program, the Defensive Driving Course referral program, the Driver Orientation Course, and the drunk drivers rehabilitation school ; and, WHEREAS, certain changes relative to the authorities and coordinating efforts of the Wichita Falls Citizens Traffic Safety Council are desired. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 269 Item 13c, cont'd. 1. Resolution No. 2126 is hereby repealed. 2. There is hereby established a Wichita Falls Citizens Traffic Safety Council which shall be comprised of twelve (12) voting members who are citizens of the City of Wichita Falls , who shall serve without pay and who shall be appointed by the Board of Aldermen. In addition thereto, there may be a maximum of six (6) non-voting members who serve on the Council . The normal term of membership on the Council shall be three (3) years but it may be renewed for an additional two (2) years. The maximum term of service on the Council shall be five (5) years for any members. 3. The non-voting members of the Council shall be persons who are employed by governmental or public agencies and have regular duties that promote traffic safety in Wichita Falls. Seven (7) voting members shall constitute a quorum. 4. Members of the City staff may be appointed by the City Manager as non-voting members of the Council . The Executive Secretary of the Council shall be a non-voting member of the City staff and be directly responsible to the City Manager or his designated representative. The providing Executive Secretary's duties shall include p g administrative support to the Council and coordinating the Council 's activities , recommendations, and requirements with appropriate governmental officials. 5. The Council 's Chairperson shall appoint two (2) voting members of the Council to act as its liaison to the Wichita Falls Traffic Commission. These members shall act in a liaison capacity for a period of one (1) year from the date of their appointment. 6. The exclusive purpose of the Wichita Falls Citizens Traffic Safety Council shall be to promote traffic safety in Wichita Falls, Texas . It shall act in an. advisory, coordinating, educational , promotional and capacity to fulfill that purpose. The Council shall not be a policy making body and its actions shall not be construed as changing, superseding or preempting the authority or responsibility of any elected or appointed official . 7. The Council is hereby given the authority and power to solicit funds from voluntary contributions for the following purposes only: traffic safety projects, safety education material , awards and recognition. However, this authority shall not be construed as creating Council control over general funds of the City or state and federal grant funds budgeted or received for traffic safety purposes , or authorizing the Council to enter into any contract or create any obligation on the part of the City of Wichita Falls . Funds generated through Council efforts and expended for programs, projects and other activities either organized or provided by the Council shall be subject to the same budgetary and accounting requirements and procedures as are other City revenues and expenditures. Such budgetary requirements shall be instituted in conjunction with preparation of the City's annual budget for the fiscal year beginning October 1, 1982; both budgetary and accounting requirements shall be in full force and effect as of October 1, 1982 and thereafter. In the intervening period between the time of passage of this Resolution and October 1, 1982, and with the exception of the budget preparation stipulations mentioned above,, funds received by the Council shall be deposited with the City's Finance Department and placed into a general fund reserve account. Funds shall be maintained in that reserve account separate from all other general fund revenues and reserve accounts. Expenditures from this reserve account shall be processed by the Finance Department upon authorization by the Council as per the Bylaws of the Council concerning finances, when properly initiated by purchase requisi- tion, purchase order or payment authorization. 8. The Council shall adopt such rules and regulations governing its proceedings as it may deem proper, including the time and place of meetings, and the election of a Chairperson and Vice Chairperson each to serve a one-year term from the date of election. i 270 Item 13c, cont'd. 9. The minutes of each meeting of the Council shall be forwarded to the Board of Aldermen for receipt. Moved by Alderman Shearman that Resolution No. 39-82 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 13d Authorization was requested to allow a change order to the contract with Hambrick Craig for construction of a foundation for scales at the landfill site. Ernest Lillard explained that a change order would be coming in, but wanted the Council to approve it. Moved by Alderman Thomas that the Council consider a change order to the transfer station contract, as outlined by Mr. Lillard. Motion seconded by Alderman Boston, and carried unanimously. Alderman Hampton commented on the Cudjo report previously requested by the Mayor. When any member of the Council requests anything of the staff in a public hearing, he does not believe a private report can be presented to any council member. He believes it is for all concerned. If the request is not right, the City Attorney should speak up and give them his advice. He stated that he was not pleased to read it in the media before he received it personally. He feels like that report, right or wrong, should have been given to the Council because the Council requested it. He stated that he requested that water meter charges be placed on the bills, and he feels that is a request of the Council . If someone has an objection to the request, it should be spoken up at that time. He did not think it should be withheld from the Council for that long a period of time. He feels it may have been an improper request. He feels we should have a clearly stated policy of the Council on these requests. Mayor Hill stated that he did request it for his own knowledge, but he agrees that it should be presented to all members of the Council and not just the Mayor. He was not aware that any of them had not received it until Alderman Shearman was quoted as trying to receive the report, and not being able to do so. He stated that the editorial was written in a terrible manner. It is a shame that the editorial staff should be saying things without checking it out. To his knowledge, none of the editorial staff has sat in this council chambers. He refers to an editorial several weeks ago, and now on February 12. He stated that unfair criticism is not fine and he will not just sit and take it. He stated that this matter was not mishandled, and he saw no reason to carry it any further. He disagreed that for almost three months the report was kept private. The only time any news media had contacted him about this report was at 10:00 P.M. one night, and this appeared in the paper the next morning. This is the only time he was asked about this. He stated that he hoped the part about elected city officials being denied access was a misprint because he hoped Gene Shearman was not denied. Mayor Hill stated that he feels both editorials are very bad. Anytime anyone makes a charge to him or anyone on the Council , he will not just sit back and take it. No one on the Council smokes, curses, or berates, and they are as fair as possible. He requested that the press not take just excerpts from what he has said. If they say anything, say it all . City Manager Stuart Bach read from the minutes of the meeting concerning Mayor Hill 's request. He was supplied the report, and reviewed it in his office. He was told in the report that the District Attorney had asked that it not be released in order to not prejudice the facts. Mr. Bach further stated that no one else asked for it because the Mayor had asked for it, and this was the reason it was not supplied to them. Mr. Bach stated that he agreed with Mayor Hill that when anyone gets the information, they should all get it at the same time. Mayor Hill stated that on any information that the Mayor is entitled to, the Council is priviledged to the same information. 271 Item 13d, cont'd. Alderman Shearman confirmed with the City Manager that he had asked for the report twice in December, and Mr. Bach had told him there were some things in the report that would be detrimental to the public, but he could look at it. He did not receive a report on it until recently. Alderman Smith stated that these things do not need to be tried in the press. He is hoping the discussion will die a natural death, and the facts will be brought out in the trial . Alderman Hampton mentioned that an independent builder called him, stating that he was out-bid on a job by CAC Construction. He stated that he was not aware that CAC was a private enterprise construction business. He requested information for himself and the Council on this. He wonders how they can be competitive? Don't we give them money for support? City Manager Stuart Bach stated that the funds we provide go to meals-on-wheels and neighborhood groups , and nothing else. He stated that he could look into it to see if any public money is being used. Item 13f Moved by Alderman Thomas that Larry Garner be appointed to the Planning Board (replacing Tim Fambrough) for a term to expire May 1983. Motion seconded by Alderman Smith, and carried unanimously. Moved by Alderman Thomas that Bob Balch be appointed as Chairman of the Planning Board (replacing Tim Fambrough) for a term to expire May 1982. Motion seconded by Alderman Shearman, and carried unanimously. The Board of Aldermen adjourned at 10:35 A.M. PASSED AND APPROVED this 4h e& day of 16,t 1982. Mayor ATTEST: City Clerk I k REGULAR MUNICIPAL ELECTION ' "�S April 3 , 1982 COUNTY JUDGE AND CITY BOX PRECINCT NO. POLLING PLACE ALTERNATE NUMBER 1,2,9,10,11,41 Wichita County Courthouse Mr. Manuel Navarrete 1 7th and Lamar Mrs. D. L. Chancellor, Alternate 3 & 4 Lamar School Mrs . Bobbie J. Wise 2 2206 Lucas Mrs. Lallora Taylor, Alternate 5,17,47,50 McGaha School Mrs. Ellen R. Wages 3 1615 Midwestern Pkwy. Mrs. Ruth Graham, Alternate 6,30,43 Ben Franklin School Mrs . Edwin G. Brown 4 2112 Speedway Mrs. E. L. Callender, Alternate 7,40,54 Washington Kindergarten Mrs. A. L. Wilson 5 600 Flood Mr. Tommy Nelson, Alternate 8,12,31 Fain School Mrs . John E. Dawson 6 1404 Norman Mr. A. C. Comstock, Alternate 13,26,61,62 Kate Haynes School Mrs. Doris Wilson 7 1705 Katherine Mrs. Lillian Jones , Alternate 14,21,45,53 Crockett School Mrs. Betty Welch 8 3015 Avenue I Mrs. Sadie Ross , Alternate 15,19,20,22 Zundelowitz Jr. High Mrs. Tommy Murdock 9 1706 Polk Mrs. Guillermo Garcia, Alternate 16,57,59 Rider High School Mrs . Edna M. Capron 10 4611 Cypress . Mrs. Elizabeth A. Smith , Alternate 18,42,44,55 Hirschi High School Mrs. W. L. Voyles 11 3106 Borton Mrs. Hugh Petete, Alternate 23,24,25 Sam Houston School Mrs. Jerry Walser 12 2500 Grant Mrs. Charles Box, Alternate 48,51,58 Barwise Jr. High Mrs. E. E. Wood 13 3807 Kemp Mr. Horace Downing, Alternate 52 & 56 Cunningham School Mrs. James T. Spray 14 4107 Phillips Mrs. Edith Eckert, Alternate STATE OF TEXAS COUNTY OF WICHITA X This agreement made and entered into this the day of February, 1982 , by and between the City of Wichita Falls , Texas, a municipal corporation , hereinafter called City, and Rowe Vending Company, hereinafter called Rowe , WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows : 1 . Rowe agrees to furnish and install vending machines in sufficient quantity for the sale of coffee , candy, snacks , food and cigarettes in the following City facilities: Police Station, at 610 Holliday Street ; Central Garage at 400 East Scott Street; Health Unit at 1700 Third Street; Martin Luther King Center at 1100 Smith Street; Bus Barn at 706 East Scott Street; Sanitation Department at 200 Sunset ; Street Department at 200 Van Buren Street; Water & Sewer Headquarters at 402 East Scott Street; Park Maintenance Building at 510 Baylor Street ; and Park Maintenance Buildings at Kiwanis Park, Southern Hills Park, and Williams Park. This contract shall be for a one year period, from March 1 , 1982 to February 28 , 1983 , with an option to renew by either party for a like period upon like terms and conditions, such option to be exercised in writing not less than thirty (30) days prior to expiration. 2 . The types of vending machines and the quantity for each location shall be installed at the discretion and to the satisfaction of the Assistant City Manager. 3 . Vending machines shall be maintained and serviced on a daily basis or more often as seasons require. City shall establish the requirements of seasonal se.rvicinq. 4 . City agrees to furnish an area in each of its facilities described above for the vending machines. City assumes no respon- sibility nor liability for damage to the vending machines , or theft. •,, r � "+'��ssr.;e7S&ijt,.wa9�'i3t1`�'`rs a,•_r .,r'a:;,�s.w,�:a. .+..::,r ,zf=a•�.v •":�� �s�,;+. ,, •;� �-.�.rr-�k�,.� �9aa,Xar�s . .* ♦r .? `"g•"4 „';iR# +.'x "y*.erA ba. "-_. .. '#_ r - `''b.,•' tilt 5. Rowe agrees to have maintenance personnel on call on a twenty-four hour basis , seven days a week , where applicable , to service , repair and fill the machines when necessary. 6. Rowe agrees to furnish a certificate of insurance, naming the City as additional insured, showing that is has a policy or policies of liability insurance in the amount of $100 , 000. 00 per person , $300, 000. 00 per occurrence for bodily injury liability, and $25, 000. 00 per occurrence for property damage liability, both coverages to include product liability. 7. Rowe shall keep all vending machines clean and attractive, in good mechanical condition and clearly labeled with prices and in- structions for use. The name , address and telephone number of the person to be contacted in case of malfunction or other problem shall be given to the person in charge of each location or shall otherwise be provided by some method such as by a labeled sticker on each vending machine. City shall furnish Rowe with a list of names of persons at each location who will be authorized to call Rowe concerning problems with the machines. 8. All electrical devices shall be grounded. 9. Electricity and water will be provided by City. City will also provide janitorial services. 10. All machines will be of the change-maker type, where feasible. 11. Rowe shall charge the following prices at all locations and shall pay City the following commissions on sales at all locations set out above , to-wit: Item Price and Commission candy and snacks $ . 30/. 35/. 40/. 45 10. 5% coffee and hot chocolate . 25/. 30 10% fresh food and milk . 65-1. 80 5% cigarettes . 85 8% fruit juice . 30/. 35 10% 12 . nowe shall also furnish a micro-wave oven and a change- maker machine at the Police Station. City shall not be responsible for maintaining such equipment. 13 . Monthly duplicate statements of earnings for each vending machine in each location shall be furnished to the Assistant City Manager. Rowe shall make payments to the Chief Accounting Officer of the coimnissions due the City for the previous month on or before the tenth day of each month, and shall provide a breakdown of com- mission payments per vending machine according to the rates stated above. 14 . Any price changes on any of the items listed above during the term of the contract shall be negotiated with the City. 15. Rowe shall comply with all City codes and ordinances. Vending machines shall be subject to regular inspection by Health Department inspectors. 16 . At City ' s discretion , new concession locations for machines may be added to this agreement or existing areas may be deleted with- out affecting the other provisions of this contract. City reserves the right to go to another vendor for added services if Rowe fails or refuses to add desired vending machines within a reasonable time after they are requested from vendor. 17. Failure to comply with any of these covenants will be grounds for cancellation of this contract. Rowe shall be notified in writing by registered mail or personal service of any breach of such covenants ; and if such breaches are not corrected within a period of 24 hours following receipt of such notice , City may declare this contract null and void. In that event, Rowe will be allowed an additional twenty-four hours to remove all vending machines from the premises , after which time Rowe shall be charged a rental fee of $25. 00 per day or part of a day for each day or part thereof that the vending machines remain on the City' s premises. A separate $25. 00 will be charged at each location. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first above set out. CITY OF WICHITA FALLS BY: Stuart A. Bach, City Manager ATTEST : City Clerk Approved as to form: Assistant City Attorney ROWE VENDING COMPANY BY : STATE OF TEXAS COUNTY OF WICHITA This agreement made and entered into this the day of February, 1982 , by and between the City of Wichita Falls, Texas , a municipal corporation , hereinafter called City, and Dr. Pepper Bottling Company of Wichita Falls , hereinafter called Company, WITNESSETH: FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREE- MENTS HEREIN CONTAINED, the parties hereto do hereby agree as follows : 1. Company agrees to furnish and install vending machines in sufficient quantity for the sale of canned soft drinks in the following City facilities : Police Station at 610 Holliday; Central Garage at 400 East Scott Street; Health Unit at 1700 Third Street ; Sanitation Department Building at 200 Sunset; Street Department Building at 200 Van Buren Street ; Park Maintenance Building at 510 Baylor Street; Activities Center at 607 Tenth Street ; Martin Luther King Center at 1100 Smith; Waste Water Treatment Plant at 1000 River Road; Water & Sewer Headquarters at 402 East Scott; and Park Maintenance Buildings at Kiwanis Park , Southern Hills Park , and Williams Park. This contract shall be for a one year period, from March 1 , 1982 , through February 28 , 1983 , with an option to renew by either party for a like period upon like terms and conditions, such option to be exercised in writing not less than thirty ( 30) days prior to expiration. 2 . The types of vending machines and the quantity for each location shall be installed at the discretion and to the satisfaction of the Assistant City Manager. 3 . Company shall maintain and service the soft drink vending machines at the above locations on a daily basis or more often as seasons require. City shall establish the requirements of seasonal servicing. 4 . City agrees to furnish an area in each of its facilities described above for the soft drink vending machines. City assumes no responsibility nor liability for damage to the soft drink vending machines, or for theft. 5 . Company agrees to have maintenance personnel on call on a twenty-four hour basis, seven days a week, where applicable , to service , repair and fill the machines when necessary. 6 . Company agrees to furnish to City a certificate of insur- ance showing that it has a policy or policies of liability insurance in the amount of $100 , 000. 00 per person , $300 , 000. 00 per occurrence for bodily injury liability, and $25 , 000. 00 per occurrence for property damage liability, both coverages to include product liability. 7 . Company shall keep all soft drink vending machines clean and attractive, in good mechanical condition and clearly labeled with prices and instructions for use. The name, address and tele- phone number of the person to be contacted in case of malfunction or other problem shall be given to the person in charge of each location or shall otherwise be provided by some method such as by a labeled sticker on each vending machine. City shall furnish Company with a list of names of persons at each location who will be authorized to call Company concerning problems with the soft drink vending machines. 8. All electrical devices shall be grounded. 9. Electricity and water, where necessary, will be provided by City. City will also provide janitorial services. 10. All soft drink vending machines will be of the change- maker type, where feasible. 11. Company shall charge not more than $ . 35 per canned soft drink in all soft drink vending machines at all the locations des- cribed above. Company shall pay City a commission of 21. 50 of the total amount received by the vendor for each case of soft drinks (24 cans per case) which is sold in the soft drink vending machine by Company, but in no event shall said commission be less than $1. 80 per case. 12 . Company shall furnish duplicate statements of earnings for each soft drink vending machine in each location set out above to the Assistant City Manager. Company shall make payments to the City ' s Chief Accounting Officer of the commissions due the City for the previous month on or before the tenth day of each month, and shall provide a breakdown of commission payments per vending machine according to the rates stated above. 13. Any price changes on any of the canned drinks in Company ' s , soft drink vending machines during the term of the contract shall be negotiated with the City. 14 . Company shall comply with all City codes and ordinances . Vending machines shall be subject to inspection by Health Department inspectors. 15. At City ' s discretion , new concession locations for soft drink vending machines may be added to this agreement or existing areas may be deleted without affecting the other provisions of this contract. City reserves the right to go to another vendor for added services if Company fails or refuses to add the desired soft drink vending machines within a reasonable time after they are requested from vendor. 16. Failure to comply with any of these covenants will be grounds for cancellation of this contract. Company shall be notified in writing by registered mail or personal service of any breach of such covenants ; and if such breaches are not corrected within a period of twenty-four hours following receipt of such notice , City may declare this contract null and void. In that event , Company will be allowed an additional twenty-four hours to remove all soft drink vending machines from the premises , after which time Company shall be charged a rental fee of $25. 00 per day or part of a day for each day or part thereof that the soft drink vending machines remain on the, City ' s premises. A separate $25 . 00 fee will be charged at each location. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set out above. CITY OF WICHITA FALLS BY : Stuart A. Bach, City Manager ATTEST : City Clerk Approved as to form: Assistant City Attorney DR. PEPPER BOTTLING COMPANY OF WICHITA FALLS BY: