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Min 03/02/1982 272 Wichita Falls, Texas Memorial Auditorium Building March 2, 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 H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by Sandy Sandlin, Faith Baptist Church. Item 3 Moved by Alderman Smith that minutes of the meeting held February 16, 1982, be approved, with the correction of the typographical error in the year in Item 3. Motion seconded by Alderman Hampton, and carried unanimously. Items 4a - 8e Moved by Alderman Thomas that the Consent Agenda be approved. Motion seconded by Alderman Shearman. Item 4a ORDINANCE NO. 24-82 �! AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 26 AND 27, BLOCK 2, MIDWESTERN PARK, UNIT 2. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 4b ORDINANCE NO. 25-82 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY-FIVE (25) FOOT WIDE NORTH-SOUTH ALLEY IN BLOCK 2, I . JALONICK ADDITION, AND RETAINING A UTILITY EASEMENT. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston I Nays : None i I I ! 273 Item 4c ORDINANCE NO. 26-82 J AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT IN LOT 2, LOTS INC. ADDITION. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 4d ORDINANCE NO. 27-82 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE SOUTHWESTERLY-NORTHEASTERLY ALLEY BETWEEN LOT 12 AND LOTS 14-175 NOBLE & HENDERSON SUBDIVISION OF BLOCK 258 ORIGINAL TOWNSITE AND RETAINING A GUY EASEMENT. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas and Boston Nays: None Item 4e ORDINANCE NO. 28-82 AN ORDINANCE CLOSING, VACATING, AND ABANDONING AN EASEMENT FOR A FOURTEEN (14) INCH CAST IRON WATER LINE AT 3014 SEYMOUR ROAD RECORDED IN VOLUME 310, PAGE 9, WICHITA COUNTY DEED RECORDS. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 5a RESOLUTION NO. 40-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 2 TO INTERGOVERNMENTAL PERSONNEL ACT CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, heretofore the City of Wichita Falls entered into a contract with the Texas Department of Community Affairs for the development of an entry level fire- fighter selection process , and it is in the best interests of the City to extend the contract deadline from February 28, 1982 to March 31, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such Amendment 2 is approved, and the City Manager is authorized to execute such amendment with the Texas Department of Community Affairs extending such contract deadline to March 31, 1982. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 5b RESOLUTION NO. 41-82 RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT FOR THE FENCING CONTRACT AT THE SANITARY LANDFILL. WHEREAS, the contractor has completed the work for the fencing at the sanitary landfill in accordance with the plans and specifications; and, 274 I Item 5b, cont'd. WHEREA.S, the contract for such work was based on unit prices for estimated quantities; on this basis, it was originally estimated that the total cost of the contract would be $17,947.00; and, WHEREAS, the actual quantities used in the project was less than the quantities which were originally estimated; therefore, the total amount of the contract based on the unit prices applied to the actual quantities is $17,591.22. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Such project is hereby accepted by the City of Wichita Falls. The total amount due such contractor on the fencing contract for the sanitary landfill is $17,591.22, and the City Manager is authorized to make final payment to such contractor based on this amount. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 5c RESOLUTION NO. 42-82 RESOLUTION APPROVING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR ON THE 1981 SURFACE OVERLAY PROGRAM. WHEREAS, the contractor has completed work on the 1981 Surface Overlay Program in accordance with the plans and specifications; and, WHEREAS, the contract for such work was based on unit prices for estimated quantities; on this basis , it was originally estimated that the total cost of the contract would be $348,520.00; and, WHEREAS, the actual quantities used in the project was less than the quantities which were originally estimated; therefore, the total amount of the contract based on the unit prices applied to the actual quantities is $344,266.26. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Such project is hereby accepted by the City of Wichita Falls. The total amount due such contractor on the 1981 Surface Overly Program is $20,000.00, and the City Manager is authorized to make final payment to such contractor based on this amount. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas and Boston Nays : None Item 5d RESOLUTION NO. 43-82 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH NORTH CENTRAL TEXAS UMPIRE'S ASSOCIATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract with the North Central Texas Umpire's Association, a copy of which is attached hereto, is hereby approved and the City Manager is authorized to sign the same. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas and Boston Nays : None 275 Item 6a RESOLUTION NO. 44-82 RESOLUTION AWARDING CONTRACT TO C. D. GRAHAM CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF IMPROVEMENTS TO BELLEVUE PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of certain improvements at Bellevue Park; and, WHEREAS, three bids were received, and it is found that C. D. Graham Construction Company, Inc. , who bid $211,905.00, including Alternates No. 1 and No. 2, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of C. D. Graham Construction Company, Inc. in the amount of $211,905.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with C. D. Graham Construction Company, Inc. for the construction of such improvements, including Alternates No. 1 and No. 2. Alderman Thomas asked if we are taking money for the alternates that might be needed later on? Is this the best use of the money? The City Manager stated that they feel it is. Bill Hursh, Director of Parks and Recreation, stated that some of it had been set aside in earlier years for park improvements, and they decided to put it all in one ball of wax. Alderman Hampton stated that some of it should have been left over from 1976 from the time capsule, which has not yet been finished. Bill Hursh presented the model of the proposed improvements. Alderman Shearman asked how much money will be left in the budget for parks after this is paid for? The City Manager stated that this is being paid for by Community Development Block Grant funds. There are several other projects funded under other sources . Alderman Shearman noted that the mistletoe needs to be cut out of several of the trees in Bellevue Park because it will kill them. It was noted that parking and playground area monies are still to be allocated, as well as the irrigation system. The total completed park project will amount to $260,000. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas and Boston Nays : Alderman Shearman Item 7a Authority was granted to advertise for bids to remodel the police building. Estimated cost of the project is $30,000 to $35,000. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 8 Minutes of the meetings of the following boards and commissions were received. a. Design Review Commission - January 21, 1982. b. Board of Electrical Examiners - February 11, 1982. c. Planning Board - February 10, 1982. d. Centennial Commission - February 18, 1982. e. Traffic Commission - February 9, 1982. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas and Boston Nays: None 276 Item 8, cont'd. Alderman Thomas asked about the item in the minutes of the meeting of the Design Review Commission pertaining to granting easements for tax purposes. Rogert McKinney, Director of Planning, stated that it would be facade easements, etc. , for historical purposes. He stated that they would have to be conveyed by the owner. Alderman Shearman asked about the Traffic Commission, stated that no member of the Police Department is named on that board. Jack Griffin, Acting Director of Traffic and Transportation, stated that they send various ones. There is no fixed position. Chief Harrelson stated that someone out of the Traffic Division attends. Officer Hopson is the safety officer. If he cannot attend, then his supervisor would attend. Item 9a Bill W. Smith, an employee of Water Source of Supply, was honored as Employee of the Month for March. Mr. Smith was unable to be in 'attendance, and the Mayor asked that the plaque and theatre and dinner tickets be forwarded to him, along with the congratulations of the Board of Aldermen. Item 10a ORDINANCE NO. 29-82 ORDINANCE WAIVING ORDINANCE NO. 2491, AS AMENDED, TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER AT NOTRE DAME BOOSTER CLUB FUND RAISING DINNER ON NOTRE DAME HIGH SCHOOL GROUNDS ON MARCH 27, 1982. Moved by Alderman Thomas that Ordinance No. 29-82 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 10b A proposed ordinance was presented waiving municipal enforcement of deed restrictions for Lot 1D, Block 8, Southland Addition. ORDINANCE NO. 30-82 ORDINANCE WAIVING ORDINANCES 3457, 3647, 3648 AND 3699 AS TO ONE TRACT OF LAND. Moved by Alderman Thomas that Ordinance No. 30-82 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 10c A proposed ordinance was presented appropriating $9,500.00 for the purchase of a new fire pumper. ORDINANCE NO. 31-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. 277 Item 10c, cont'd. Moved by Alderman Shearman that Ordinance No. 31-82 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 Item 10d Three proposed ordinances were presented appropriating $676,600.00 for landfill and transfer station improvements. ORDINANCE NO. 32-82 ' AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Alderman Shearman asked what the condemnation fees are for? The City Manager stated that it was for the Commissioners ' condemnation fees and filing of papers. City Attorney H. P. Hodge, Jr. stated that the Commissioners ' fees are several hundred dollars for the three of them. There are also expenses of expert witnesses, which are the appraisers. Mayor Hill suggested that the City Attorney get with Alderman Shearman after the Council meeting, and give him an itemized list. Moved by Alderman Boston that Ordinance No. 32-82 be passed. Motion seconded by Alderman Russell . The City Manager stated that these appropriations were not asked for before because of the transfer station election. These resources were obligated in August 1981, as being needed. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None ORDINANCE NO. 33-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE 1981 GENERAL OBLIGATION BOND FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 33-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas and Boston Nays: Alderman Shearman ORDINANCE NO. 34-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING- 13TH PERIOD FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 34-82 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 i 278 Item lla A proposed resolution was presented adopting Change Order No. 1 on the Transfer Station project. Director of Public Works Ernest Lillard stated that they do not intend to heat or air condition the building so they took out some of the insulation qualities in the doors and roof. The doors will be open at all times during the working day so insulation will serve no purpose unless the doors are closed. Alderman Hampton asked Mr. Lillard if he had told our architects how cold it sometimes gets here? He mentioned hoseing down the transfer station inside, and it is difficult to hose it down at 14 degrees below zero. Alderman Smith stated there would be very few days when that would happen. When it does , the refuse would also be frozen, and there would be no odors . Mr. Lillard stated that the doors will be motorized and mechanically operated. Alderman Shearman asked if we have a city ordinance prohibiting a vehicle from going to the landfill without being covered? Mr. Lillard stated that we have no ordinance, but we have a state law. The City Manager stated that we enforce the state law. Alderman Shearman stated that he recently saw at least three vehicles going to the landfill uncovered. Mr. Lillard stated that they have empowered the landfill supervisor, and the police department enforces it on the streets. Alderman Shearman stated that the people on the East side are getting tired of trash blowing in their yards. The City Manager stated that they are issuing citations when they catch them. Mr. Lillard stated that they are issuing about ten per month. Alderman Shearman stated that they could have got three last Monday. Mr. Lillard stated that they have picked up more trash off Lawrence Road since the first of the year than they have on Rosewood, Duncan, and Third Streets. RESOLUTION NO. 45-82 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE SOLID WASTE TRANSFER STATION. WHEREAS, the City of Wichita Falls and Hambrick-Craig Construction Company, as contractor, entered into a contract dated August 18, 1981, for the construction of the solid waste transfer station; and, WHEREAS, Change Order No. 1 in the amount of $10,987.00 will increase the estimated contract price to a final value of $1,960,887.00. 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 August 18, 1981, with Hambrick- Craig Construction Company, a copy of which Change Order No. 1 is attached hereto, 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. 45-82 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 llb A proposed resolution was presented approving a contract with The Atrium developers (old Longhorn Chevrolet Building) for sidewalk improvements under the sidewalk leveraging program. RESOLUTION NO. 46-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY' MANAGER TO EXECUTE AN AGREEMENT WITH DEVELOPERS, FRED STEPHENS AND JOE JOHNSON, OWNERS OF THE ATRIUM, FOR PUBLIC SIDEWALK IMPROVEMENT. 279 Item llb, cont'd. WHEREAS, the approved 1981-1982 Community Development Block Grant Application established a sidewalk leveraging program designed as an incentive to encourage redevelopment of the central business area; and, WHEREAS, a prerequisite of the sidewalk leveraging program is that the applicant expend six dollars ($6.00) for improvement for each City contribution of one dollar ($1.00) for public improvement in an amount not to exceed twenty thousand dollars ($20,000) per block face; and, WHEREAS, the applicant has documented expenditures for improvement greater than the required minimum for two block faces; and, WHEREAS, pursuant to said application the City desires to cooperate with the Developer in making certain sidewalk improvements abutting Lots 1, 8, 9, 10, 12, 13 and 14, Block 150, Original Townsite, in connection with the development of The Atrium. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager is authorized to execute an agreement, a copy of which is attached hereto, with Fred Stephens and Joe Johnson, owners of The Atrium, for the improvement of public sidewalks as legally described in the agreement and for an amount, to be contributed by the City, not to exceed forty thousand dollars ($40,000) . Moved by Alderman Thomas that Resolution No. 46-82 be passed. Motion seconded by Alderman Boston. Alderman Shearman asked how much is in this fund? Director of Planning Roger McKinney stated there is $40,000. This is the only request they have received. This is Community Development money, and it has to be used in this area. Alderman Hampton asked if this $40,000 will be used for the complete block face, or just in front of their property? Mr. McKinney stated it would be used for the whole block face. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item llc Discussion was held on a proposed resolution setting rental rates for Lake Diversion lots, and authorizing the City Manager to execute leases. A motion was made and seconded for passage of the resolution; however, action was later tabled. Mayor Hill commented that this seems like a lot for the six lots. The Water District will received $112.00 of the proposed $136.00. Jimmy Banks, of the Water District, stated that this is something which should have been looked at before now. It started in 1963. In the last two weeks they have cleaned up the area as the leases expire. They have done so for several years. Alderman Thomas asked if there is no demand for these now? Mr. Banks stated there isn' t. Of the six there now, five of them live in the cabins, and work in the area. There is no water or sewer available. It is an undesirable place. He stated this amount would defray the costs they have had in the past. They will be paying their share of the upkeep. He stated that these leaseholders are not aware of this action being taken. The leases were up the first of the year. They have not billed anyone, or accepted any payments. Mayor Hill stated they are not represented here. It was noted that they would pay Archer County taxes on personal property improvements, but not on the land. Mr. Banks stated that they maintain a bridge for use as access to the cabins . It is also used to cross the main canal . Alderman Smith stated that he believed the people should be given notice. 280 Item llc, cont'd. Moved by Alderman Shearman that this matter be tabled until they have been given an opportunity to be heard at the next council meeting. Motion seconded by Alderman Smith, and carried unanimously. - - - - - - - - - - Item 12a Bids were considered on a fire pumper truck. It was recommended that the low bid be awarded to Sunfire Apparatus and Equipment Company, Fort Worth, in the amount of $89,279.00. Moved by Alderman Russell that the bid be awarded, as recommended. Motion seconded by Alderman Boston. Alderman Shearman stated that there is only a small difference in the initial bid. Does Sunfire have any rebate program which they would deduct from the invoice if we bought and paid for it? Fire Chief Hurshel Johnson stated that they did. It was in the specifications. We are making better money than either of the rebates were. Alderman Shearman read from the bid submitted by Fire Appliance Company, stating they would deduct $2,780.00 off the price, with parts and labor for one year. Richard Oldham, from Fire Appliance Company, stated that they are running 10-11 months behind. He estimated a delivery date of 240-250 days after receipt of the cab and chassis. Ed Beane, Regional Manager for FMC Corporation, stated that they offered a cash discount. They know that the City can make more money in the market. If it is prepaid, they would deliver it within 120 days after the receipt of the cab and chassis. The delivery date is 240 days after receipt of the order, and not after receipt of the cab and chassis. Parts will be handled out of Fort Worth, but f.o.b. Wichita Falls. They would come up and install the parts. The representative in Fort Worth carries a large inventory of parts. The motion to award the bid to Sunfire Apparatus and Equipment Company in the amount of $89,279.00, was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas and Boston Nays : Alderman Shearman Item 13a City Clerk Wilma Thomas presented a Certification to the Board of Aldermen that the bingo petition met the requirements of the bingo enabling statute. Mayor Hill clarified that this is bingo only for charitable purposes. City Attorney H. P. Hodge, Jr. stated that it is. It is local option, and only if it carries. If it carries here, then bingo games would be legal in the City of Wichita Falls under the state law, and only licensed operators and only certain organizations are entitled to be licensed. Non-profit and charitable groups, such as church groups and veterans organizations could be licensed. The proceeds are limited to be used for charitable purposes. RESOLUTION NO. 47-82 RESOLUTION SUBMITTING LEGALIZATION OF BINGO GAMES TO A VOTE OF THE ELECTORS ON APRIL 3, 1982. BE IT RESOLVED BY THE BOARD OFALDERMEN OF THE CITY" OF WICHITA FALLS, TEXAS, THAT: The question of legalization of bingo games in the City of Wichita Falls, as requested by petitioners under the Texas Bingo Enabling Act, shall be sub- mitted to the electors at the regular municipal election on April 3, 1982. The official ballots for said election shall be prepared so as to permit the electors to vote "FOR" or "AGAINST" the proposition which shall be stated as follows : "Legalizing bingo games for charitable purposes as authorized by the Bingo Enabling Act in the City of Wichita Falls , Texas". 281 Item 13a, cont'd. Moved by Alderman Thomas that Resolution No. 47-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas and Boston Nays: None (Alderman Shearman was out of the room. ) Item 13b City Clerk Wilma Thomas presented a certification to the Board of Aldermen that the police salary step initiative petition met the charter requirements. City Attorney H. P. Hodge, Jr. stated that the petition qualifies under the initiative petition process . He reviewed the Council 's action in this matter. Sixty days from today the Committee has to report back to the Board of Aldermen (May 1) . After that, the Board of Aldermen will have to take action within 30 days after the Committee reports to the Board of Aldermen. Within the first sixty days the Council committee may hold a public hearing. Mr. Hodge read the petition, as submitted. The next step will be for the Board of Aldermen to refer the measure to a committee. Moved by Alderman Hampton that this petition be referred to the Mayor and Board of Aldermen as a Committee of the Whole of the Board of Aldermen, and hold a public hearing. Motion seconded by Alderman Thomas, and carried unanimously. (Alderman Shearman was out of the room. ) Item 13e William L. Caddell appeared concerning a grievance filed with the City of Wichita Falls in July 1981, regarding a tornado damaged house at 3002 Moffett. He stated that he tried to build this structure back, but was unable to do so. He had received notice from the City and County regarding cleaning up the area. As a result of not being able to obtain a loan to rebuild it, he started to clean it up. He received a letter from the City of Wichita Falls to clean it up. He got a letter on April 15, 1981, to clean it up. He started immediately after that. This took four to five weeks. The last of May, or early June, he had cleaned it up. He was given 60 days. At the same time, this property was in litigation with Lone Star Gas Company. The first part of June, the City of Wichita Falls let a contract, and they hauled everything off that he had stacked up, such as chipped brick, used lumber, etc. Mr. Caddell stated that he had talked to Mr. Hodge and Gene Shearman about getting the value of his property returned. He also talked to Mr. Bach 's office. The value of the claim is $2,604.62 for property which was removed from his premises, which had a "no trespassing" sign posted. He is requesting reimbursement for the loss which the City has caused. Alderman Hampton pointed out that all the Council can do today is listen because Mr. Caddell is not on the agenda. City Attorney H. P. Hodge reported that Mr. Caddell filed his claim. One of the men in his office did some checking on Mr. Caddell 's figures. Much of this cost was for his time in talking to lawyers before he came to the City. The City Attorney's office came to a value of $700 or so. In addition to that, they cleaned up his lot. One of the neighbors had been complaining about the lot. They figured they should deduct what they spent on the lot, plus an unpaid municipal court ticket. They figured a possible amount of $450 - $460, and he communicated to Mr. Caddell that he would recommend paying $500.00 to settle the claim. The City did create a problem for Mr. Caddell because Code Enforcement gave him a notice. Apparently the Health Department would take jurisdiction if there was not a structure on the lot. As he understands it, the Health Department spotted it, and did not realize Code Enforcement had started. They notified him to clean it up, and gave him ten days. They went ahead and had a contractor clean up the lot. Because of this mix-up, it was his recommendation that they make an offer of $500.00 to settle the claim. This was not satisfactory to Mr. Caddell . A full report was given to Mr. Bach, and he did not get it in until yesterday. 282 Item 13e, cont'd. Mayor Hill requested that this item be placed on the agenda at the next council meeting, with pictures, if possible. - - — — — — — — — — Items 13c, d The Board of Aldermen recessed at 10:05 for an executive session, and reconvened at 10:18. Moved by Alderman Thomas that the following be appointed to the Traffic Safety Council , effective March 1, 1982, for terms as indicated. a. Bill Warren - 2 years g. Max Andrews - 3 years b. Maxine Barker - 2 years h. Howard Morris - 3 years c. Dr. Guillermo Garcia - 2 years i . Harold Lerew - 3 years d. Capt. Doyle Wood - 2 years j. Major Joel Carrol - 3 years e. Gwen Jackson - 2 years k. Mike Pickett - 3 years f. Mrs. Philip Ruiz - 3 years Motion seconded by Alderman Smith, and carried unanimously. Moved by Alderman Thomas that the appointment of Shirley Woods to the Civil Service Commission, by the City Manager, be confirmed for the period from February 26, 1982 to February 25, 1984. Motion seconded by Alderman Shearman, and carried unanimously. The City Manager announced that the Charter Advisory Committee will meet at 7:00 P.M. , on March 4, 1982, for citizen input. The Board of Aldermen adjourned at 10:20 A.M. PASSED AND APPROVED this � � day of ���'�.�c� �' 1982• Mayor ATTEST: ZIL City Clerk �attr CITY OF WICHITA FALLS PARK AND RECREATION DEPARTMENT CONTRACT FOR OFFICIATING SERVICES This agreement made and entered into by and between the City of ''dichita Falls, a municipal corporation of the County of Wichita, State of Texas, hereinafter referred to as the City, and the North Central Texas Umpires Association, hereinafter called Association, WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties ' hereto do hereby agree as follows; 1. Association shall furnish officials and scorekeepers for basketball, softball, baseball, and flag football games in the City's leagues during the term of this contract. i 2. City shall pay to Association for such services the following fees: BASKETBALL $12.00 per official per game in all leagues and play-o ffs. $ 6.00 per game for tinier/scorekeeper in all leagues at Barwise Gymnasium. $ 4.00 per game for scorekeeping in all league games at Kirby Gymnasium. SOFTBALL (Summer & Fall) $ 8.00 per official per game in all leagues, play-offs, tournaments, and regional play-offs. $ 4.00 per game for scorekeeping in all leagues, play-offs, and tournaments. BASEBALL (Connie Mack & Mickey Mantle) $12.00 per official per game. $ 4.00 per game for scorekeeping. BASEBALL (Stan Musial) $15.00 per official per game. $ 4.00 per game for scorekeeping. FLAG FOOTBALL $ 8.00 per official per game. $15.00 per official per game in regional play-offs. i i 3. The City shall pay the Association on a bi-weekly basis upon submission of statements to the Park and Recreation Department for services rendered the previous two weeks. 4. Upon verbal notification prior to game time from the Athletic Coordinator, ' the Recreation Superintendent, the official scorekeeper, or the Athletic Information Recorder (322-5933) of the Park and Recreation Department, game officials will not receive pay for forfeited games. 5. Association shall enforce all rules of the Park and Recreation Department and the Texas Amateur Athletic Federation for league play and the rules i contained in the current rule books for the sport being officiated. 6. This agreement shall be effective for a period of one (1) year from i i In testimony whereof the parties hereto have caused these presents to be executed as of the day and year first set out above. DATED and SIGNED this the day of , 19 CITY OF WICHITA FALLS NORTH TEXAS UMPIRES ASSOCIATION BY: BY: ATTEST: Address City State Zip CITY CLERK APPROVED AS TO FORM: I ASSISTANT CITY ATTORNEY Ij -2- CONTRACT CHANGE ORDER ORDER NO. 1 DATE: 3/2/82 CONTRACT FOR: Solid Waste Transfer Station OWNER: City of Wichita Falls TO: Hambrick-Craig General Contractors , Inc. Wichita Falls , Texas You are hereby requested to comply with the following changes from the contract plans and specifications . DESCRIPTION OF CHANGE AMOUNT A. Change in contract value due to escalated prices as originally presented on 12/15/81. 1. Earthwork $ 2 , 600 . 00 2 . Masonry 600 . 00 3 . Roofing and Sheetmetal 4 , 200 . 00 4 . Lath and Plaster 800 . 00 5 . Rolling Steel Doors 1 , 200. 00 6 . Interior Finish Work 2 ,300 . 00 7 . Asphalt Paving 5, 400 . 00 8 . Chain Link Fencing 1 , 800 . 00 9. Electrical 4 , 800 . 00 10 . Plumbing and H.V.A.C . 8 , 600 . 00 11. Concrete 5 , 365. 00 12. Structural Steel 12 , 930 . 00 13 . Reinforcing Steel 2 , 575 . 00 14. Glass and Glazing 480 . 00 15 . Aluminum Facia Panels 1 , 700 . O0 (TOTAL INCREASE) $55 ,350 . 00 B. Change in contract value due to a decrease in quantities and specifications as recommended by Henningson, Durham and Richardson Architect and Engineers Inc. 1. Non-insulated Span-Rib Panels . Panels by Molenco $21 ,000 . 00 2 . Use non-insulated rolling steel doors in lieu of mechanically operated. $ 4 ,000 . 00 3 . Delete the entire vapor barrier underlay for roof , and change the roofing insulation type & thickness to 3/4" perlite board, & change the roofing specification to mopping on 3-plies fiberglass roofing felts over perlite board with 3-25# moppings Page 2 of 12 pages Agenda Item No. 11.a. each layer of type IV Asphalt , flood surface with 60# Type IV Asphalt & ," crushed light-colored limestone at 500#/sqr. The above roofing spec. is taken from Johns-Manville Spec . #3GIG which is bondable. $ 8 , 500 . 00 4 . Use EMT in lieu of rigid conduit for electrical work. Use only above 10 ft. above finish floor on tipping floor and lower floor level of Transfer Station. $ 1 , 670 . 00 5. Use PVC pipe in lieu of cast iron pipe, for all sewer and roof drains . $ 1 ,800 . 00 6 . Change all 54 skylights required from Plasteco #208-5858-Clear Dome- Anodized Aluminum 9" high insulated curbs to Plasteco #204-5858-Clear Dome-Mill Finish Aluminum 4" high Non-Insulated curbs . $ 3 ,325 . 00 7. Delete bottom rail of cyclone fencing. $ 2 , 844 . 00 8. Omit three water meters from contract. Required water meters to be furnished and installed by the City of Wichita Falls . $ 6 , 224 . 00 (TOTAL DECREASE) $49 ,363 . 00 C. Change in contract value due to the labor for the forming, pouring, and finishing of the scale foundation at the sanitary landfill. (INCREASE) $ 5 , 000 . 00 Old Contract Price $1 ,949 , 900 . 00 New Contract Price $1 ,960 ,887. 00 JUSTIFICATION: Increase in quantities to cover the cost of escalation and the decrease is an adjustment in specifications . This document will become a supplement to the contract and all provisions will apply hereto. Requested: (Owner) (Date) Accepted: (Contractor) (Date) Page 3 of 12 pages Agenda Item No. 11.a. CITY OF WICHITA FALLS, TEXAS PUBLIC AREA IMPROVEMENT PART I AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO THIS day of 1982, by and between the City of Wichita Falls, a municipal corporation located ' in the County of Wichita and State of Texas (hereinafter referred to as "City"), and Fred Stephens and Joe Johnson, owners of The Atrium (hereinafter referredy )'to as "Developer") . WITNESSETH WHEREAS, the City of Wichita Falls included in its 1981-1982 Communitgy Development Block Grant (CDBG) Application a Sidewalk Leveraging Program desi ne to encourage reconstruction of public sidewalk facilities in a manner and de d consistent with Citysign plans and to encourage new construction and renovation of existing privately-owned facilities, with such efforts to enhance the base and midtown revitalization plans; and, City's tax WHEREAS, a prerequisite of the Sidewalk Leveraging Program is that the applicant expend a minimum of six dollars ($6.00) for private improvements each City contribution of one dollar p ements for ($1.00) for public sidewalk improvements in an amount not to exceed twenty thousand dollars ($20,000.00) per block face. NOW, THEREFORE, the City and teveloper mutually agree as follows: 1• Scope of Services A. City agrees to perform the activities consistent with the approved 1981-1982 CDBG Application to include financial participation in payment of materials only in the public sidewalk and aesthetic improvements abutting Lot 1: 8, 9, 10, 11, 12, 13 and 14, Block 150, Original Townsite. Such improvements are subject to all applicable laws, program regulations and the Grant Agreement bet the City and the U.S. Department of Housing and Urbanween Development (HUD) . Page 2 of 11 Pages -2- B. Developer agrees to cause the public sidewalk abutting Lots 1, g 10, 11, 12, 13 and 14, Block 150, Original Townsite, in connection with the 8, erformed in accordance with the attached site development of The Atrium to be p plans and specifications prepared therefor by Dahl, Bordon, Chapman, Inc. er further agrees to expend funds in an amount equal to at least six (6) Develo p times the compensation to be paid to Developer by City as provided in Paragraph 3. Compensation; such Developer expenditures shall be for private improvements associated with The Atrium. 2, Time of Performance. The Developer's performance of this Agreement 11 commence as soon as practicable after the execution of this contract and shall in any shall be undertaken in the light of the purposes of this contract; but, 1982. No Payments event, this contract shall terminate on September 30, , shall be made by the City to the Developer for work required herein but uncompleted by the aforementioned date. agrees to pay to the Developer a maximum 3, Compensation. The City 00) at a 6:1 ratio of cost incurred by amount of Forty Thousand Dollars ($40,000. the Developer, in connection with the entire Atrium Project, which shall constitute full and complete compensation for City is -'-ligation under this contract. 4. Method of Payment.. Payment shall be made for materials only and in one payment on a reimbursable basis ony after documented evidence has been presented to the City that r quired public and private improv eements have been made and the required six-to-one ratio has been satisfied. aid to 5. Contractor's Contribution. In the event that the total sum p under the terms of this Agreement is not sufficient for the Developer the Developer to cont inue performance of his obligations hereunder until termination date hereof, Develope r shall provide sufficient funds, whether from its own or other non-City sources, for continued performance to fulfill the terms of this contract. This agreement 6. Terms and Conditions and Labor Standard Provisions. Page 3 of 11Pages Agenda Item No. - -3- is subject to and incorporates the provisions attached hereto as " Terms and Conditions. " Part II - 7. Future Fundinn, The funding of this Agreement in no wa the City to future fundingbeyond this Agreement. y commits y g Any future fundin the responsibilityg i of the Developer. s solely IN WITNESS WHEREOF, the City and the owners, Fred Stephens and Joe Johnson, have hereunto set our hands on the day of 1982. CITY OF WICHITA FALLS BY: Stuart A. Bach, City Manager DEVELOPER OF "THE ATRIUM" BY: OWNER BY: ATTEST: OWNER Wilma J. Thomas, City Clerk APPROVED AS TO LEGALITY AND FORM: H• P- Hodge, Jr. , City Attorney Page 4 of 11 Pages Agenda Item No. PART II TERMS AND CONDITIONS 1. Restriction on Disbursement. No money under this Agreement shall be disbursed by the Y er to any other contractor except, pursuant to a written agreement which incorporates the applicable Supplemental General Conditions and unless the contractor is in compliance with requirements with regard to accounting and fiscal matters to the extent applicable. 2. Termination of Contract for Cause. If, through any cause, the Developer shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Developer shall violate any of the covenants, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Developer of such termina- tion and specifying the effective date thereof, at least thirty (30) days before the effective date of termination. In such event, all finished or unfinished documents, data, surveys, drawings, maps, models, photographs, and reports by the Developer under this Agreement shall at the option of the City, prepared g become its property, and the Developer shall be entitled to receive just and equitable compensa- tion for any work satisfactorily completed hereunder. Notwithstanding the above, the Developer shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach the contract by the Developer, and the Citymay withhold an of Y y payments to the Developer as determined. 3. Termination for Convenience of City. The City may terminate the Agreement at any time by giving at least thirty (30) days notice in writing to the Developer. If the is terminated Agreement by the Cityas g provided herein, the Developer will be paid an amount which bears the same ratio to the total compensation as the services actuallyP sation performed bears to the total services of the Developer covered by this Agreement, less payments of compensation previously made. 4. Assignability. The Developer shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment g t Page 5 of 11 Pages or novation) without the prior written consent of the City thereto: PROVIDED, HOWEVER, that claims for money due or to become due to the Developer from the trust company, or other City under this Agreement may be assigned to a bank, ' stitution without such approval. Notice of any such assignment or financial in transfer shall be furnished promptly to the City. 5, Rec___°rds• The Developer shall a. Establishment and Maintenance of Records. tain records in accord, ce with requirements prescribed by the establish and main Agreement*A g Except as otherwise City, with respect to all matters covered by thisperiod of orized by the City, the Developer shall retain such records for a auth three years after receipt Of the final payment under this Agreement or termination of this Agreement. supported by properly Documentation of Costs. All costs shall be b• in whole or in executed invoices and/or any other accounting documents per to this Agreement and shall be clearly identified and readily accessible. part ch er at such time and in su C. Reports and Information. The Develop forms as the City may require, shall furnish to the City such statements, records, reports, data and infor mation as the City may request pertaining to matters covered by this Agreement. time during d, Audits and Ins ections. The Developer shall at any hours and as often as the City may deem necessary, make available normal business ect to all matters o the City for examination all of its records and data with resp t or its designated authorized and shall permit the City covered by this Agreement, records of representative to audit and inspect all invoices materials, payrolls, , f employment and other data relating to all matters covered personnel, conditions o em p by this Agreement. Agreement e. Additional Re uirements. Unearned payments under this may be suspended or terminated upon t any reasonable additions refusal to accep hat may be imposed by the City at any time. Page 6 of 11 Pages Agenda Item No. condition t 6• Eligible and Ineli ible Costs. a• Sta____n�dards, All costs incurred must be reasonable and of a nature which clearly relates to the specific purposes and end product of the under which the services are beingAgreement performed. Care must be exercised by all con- cerned in incurring costs to assure that expenditures conform to these standards and the followin general g criteria for eligibility of costs. b• Eligible Costs. costs must: Agreement To be eligible for inclusion under this A ment (1) Be necessary and reasonable for proper and efficient executio of the contractual requirements. n (2) Be in conformance with any limitations or exclusions i instructions, or other governingn these limitations. (3) Be no more liberal than policies, procedures and applied uniformly to both federally assisted and other activities of practices e City. (4) Be accorded consistent treatment through application of accounting policy and procedures approved and/or prescribed herein. (5) Be net of all applicable credits such as purchase discounts rebates or allowances, sales of publications ' or materials, or other income or refunds. (6) Be in accordance with budgetary or other restriction of ex en established by City. P se (7) Be fully documented. (8) Comply with policies governing administrative practices, including policies with respect to employment,P P yment, salary and wage rates Bacon Wage Decision) (current Davis- , working hours, holidays, fringe benefits (health and hospitali- zation, retirement, etc. ) vacation and sick leave privileges, and travel. c• Ineligible Costs. In addition to costs ineligible under the abo criteria, the followin ve g costs are specifically ineligible: (1) Bad Debt. Any losses arising from uncollectable accounts other claims and related costs. and Page 7 of 11 Pages Agenda Item No. Contingencies. Contributions to a contingency reserve or any similar provision for unforeseen events. from violations of (3) Fines and Penalties. Costs resulting or failure to comply with federal, state, and local laws and regulations. . (4) Contributions and Donations. an Interest on borrowing (5) interestd Other Financial Costs. options (however represented) ,ed) , bond discounts, cost of financing and refinancing P and professional fees paid in connection therewith. of the and legalgoverning body 7• Interest of Members of Cit No member of the shall have any personal employee, or agent of the City City, and no other office, Agreement; and the Developer shall financial interest, direct or indire-' in this Ag ro riate steps to assure compliance. 1y with applicable take app P er shall comp g• Com liance with Local Laws. The Develop es of the State and local governments, and the Developer laws, ordinances, and cod tort done in shall save the City harmless with respect to damages arising from any performing any of the work embraced by this Contract. ts work under P The Developer will carry out i 9• Civil Ri hts Act of 1964. hich will permit full compliance with Title VI of the this Agreement in a manner w person shall, on the grounds of Civil Rights Act of 1964, as amended, so that no P origin, be excluded from participation in, be denied age, race, color, or national subjected to discrimination under any program or activity the benefits of, or be financial assistance. materials, property, receiving Polit None of the funds, ical Activity Prohibited. 10. Agreement shall be used in provided directly or indirectly under this or services p artisan political activity' performance of this Agreement for any P Agreement the p provided under this Prohibited. None of the funds p 11. Lobb in support or defeat or propaganda purposes designed to publicity Legislatu re- Congress,shall be used for P press, the Texas State Leg legislation pending before the United States I of Wichita Falls, Texas. Page 8 of 11 Pages or the Board of Aldermen of the City Agenda Item No. 12. Equal Employment Opportunity. During the performance of this Agree- ment, the Developer agrees as follows: a. The Developer will not discriminate against any employee or appli- cant for employment because of age, race color, religion, sex, or national origin. The Developer will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other terms of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Developer will, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified appli- cations will receive consideration for employment without regard to age, race, color, religion, sex, or national origin. c. The Developer will send to each Labor Union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the commitments under this section, and shall post copies of the notice in conspicuous places available to the employees and applicants for employment. F d. In the event of the Developer's noncompliance with the nondiscrimina- tion clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part, and the Developer may be declared ineligible for further contracts. e. The Developer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Page 9 of 11 Pages Agpndn Ttam TT- 13. Non-Segregated Facilities. The Developer certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Developer covenants that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clock, locker room and other storage or dressing areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in effect segregated on the basis of age, race, color, creed, or national origin, because of habit,. local custom, or otherwise. Page 10 of 11 Pages Agenda Item No.