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Min 03/16/1982 283 Wichita Falls , Texas Memorial Auditorium Building March 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 H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by Frank Yates, Grant Street United Methodist Church. Mayor Hill welcomed Boy Scout Troop 1 from Floral Heights Methodist Church. Item 3 Moved by Alderman Thomas that minutes of the meeting held March 2, 1982, be approved. Motion seconded by Alderman Russell , and carried unanimously. Item 5a was deleted from the agenda, and Item 5f was moved to the regular agenda. Items 4a - 8a Moved by Alderman Boston that consent agenda Items 4a through 8a, excluding the above, be approved. Motion seconded by Alderman Thomas. Item 4a RESOLUTION NO. 48-82 RESOLUTION APPROVING CHANGE ORDER NO. 2 ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT FOR PHASE VI IMPROVEMENTS AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the contractor has completed work on construction of additional hangar aprons, and reconstruction of Armstrong Drive; and, WHEREAS, the contract was based on quantity estimates; and, WHEREAS, Change Order No. 2 decreases the quantities of asphalt ascd; and, WHEREAS, the total revised contract will be in the amount of $181,424.68; and, WHEREAS, Zack Burkett Company has completed work in the amount of $181,424.68. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 284 Item 4a, cont'd. Such project is hereby accepted by the City of Wichita Falls, Texas. The total amount due Zack Burkett Company on this project is $48,247.73 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 4b A proposed resolution was presented authorizing final payment for demolition of the San Jacinto School Building. RESOLUTION NO. 49-82 RESOLUTION APPROVING PAYMENT AND ACCEPTING DEMOLITION OF BUILDING AND CLEARING AND CLEANING OF BLOCK 122 OF ORIGINAL TOWNSITE. WHEREAS, the City of Wichita Falls, as Owner, and Burly's Construction Company, as Contractor, entered into a contract dated January 15, 1982, wherein said Contractor agreed to demolish building and clear and clean Block 122 of the Original Townsite; and, WHEREAS, said demolition and clearing and cleaning has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for such work was $11,900.00, none of which has been paid. THAT:NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, The demolition and clearing and cleaning of lots is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said Contractor the contract price of $11,900.00. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 4c RESOLUTION NO. 50-82 RESOLUTION ACCEPTING RENOVATION AND NEW CONSTRUCTION OF THE CITY HALL ANNEX. WHEREAS, the City of Wichita Falls and Poteet and Oliver, Inc. , entered into a contract dated July 31, 1981, whereby said contractor agreed to renovate and newly construct the City Hall Annex located at 7th and Bluff Streets; and, WHEREAS, the renovation and new construction of said improvements has been completed in accordance with the original and amended plans and specifications; and, WHEREAS, Certificate for Payment No. 8 has been submitted on this project, which shows a total amount of work done as $262,107, of which $259,107 has been paid, leaving a balance of $3,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The renovation and new construction of the City Hall Annex is hereby accepted by the City of Wichita Falls , and the City Manager is directed to pay to said contractor the balance due as shown above. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None 285 Item 5b The bid for a tractor and mower for the Wastewater Treatment Division was awarded to Trinity Equipment Company, Wichita Falls , in the amount of $9,788. Alderman Shearman confirmed that no cash discounts were offered. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 5c The bid for a waste sludge meter for the wastewater treatment plant was awarded to Fischer and Porter Company, Dallas, in the amount of $7,265. Item 5d The bid for a backhoe and front end loader for Water Distribution was awarded to Case Equipment Company, Wichita Falls , in the amount of $26,355. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 5e The bid for fertilizer for the Park Department was awarded to Berend Brothers , Wichita Falls, in the amount of $4,582.50. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None Item 5g The bid for a utility tractor for the Park Department was awarded to Trinity Equipment, Wichita Falls, in the amount of $16,968. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas and Boston Nays : None Item 5h The bid for an annual supply of ready-mix concrete for all city departments was awarded to City Concrete, Inc. , Wichita Falls, as follows. a. 2000# Mix (4 sk) - $39.10 cyd. b. 2500# Mix (42 sk) - $40.85 cyd. c. 3000# Mix (5 sk) - $42.60 cyd. d. 3500# Mix (52 sk) - $44.35 cyd. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays: None The bid for an annual supply of bulk cement for all city departments was awarded to City Concrete, Inc. , in the amount of $15.25 bbl . net. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 6 Minutes of the meetings of the following boards and commissions were received. a. Park Board - February 25, 1982. b. Clean Community Commission - February 18, 1982. 286 Item 6, cont'd. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Alderman Thomas commented that he liked the idea of the gift catalog mentioned in the Park Board minutes. Item 7a Authority was granted to advertise for bids for a maintenance facility to be constructed at the landfill , for the purpose of maintaining and cleaning the equipment. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None Item 8a A public hearing on hazardous structures was set for April 6, 1982. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas and Boston Nays: None Item 5f Bids were considered on mowing equipment for the Park Department. Alderman Thomas asked what the specifications were on the mower? Bill Hursh , Director of Parks and Recreation, stated that they were 111 inches. Colonial Motor Company's Mower was 122 inches. Alderman Shearman asked who would do the maintenance? Mr. Hursh stated that the City would. Moved by Alderman Thomas that bids be awarded, as follows. a. Goldthwaites of Texas - 72" rotary mower - $7,795.00 (Parks) 72" rotary mower rear discharge deck - $1,890.00 72" rotary mower side discharge deck - $1,795.00 72" rotary mower - $7,795.00 (Golf) Seven blade reels - $990.00 44" rotary mower - $2,995.00 (Cemetery) b. Watson Distributing Company - 80" rotary mower - $1,987.00 (Parks) Motion seconded by Alderman Hampton, and carried unanimously. Item 9a A proposed ordinance was presented appropriating funds to establish and operate a Citizens Action Center. The City Manager stated that they are requesting $8,135 for the last five months of the year in an effort to improve the City's responsiveness to citizens' requests for services and complaints. A citizen could call in and an employee would log in the request and pass it on to the proper department. The action center would follow up on this request to the citizen if it is not taken care of within a given time. This will help us in allocating our manpower resources in scheduling work programs. He proposes a maximum of two and one-half people altogether. Alderman Shearman asked if people do not now have access to each department? Alderman Smith stated that they do, but people feel like they are being shuffled around when in fact they are not, but it will help that person get the right department without the shuffling. 287 f Item 9a, cont'd. ORDINANCE NO. 35-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 35-82 be passed. Motion seconded by Alderman Shearman. Alderman Thomas stated that he believes these progress reports should also be made available to the Council . It will allow them to see what is going on. Alderman Hampton feels like it will help make the response to the public better because of the separate telephone number. The City Manager stated that the information center will be combined into this operation. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 9b A proposed ordinance was presented amending Chapter 10 of the Code of Ordinances on Civil Defense and Disaster Relief. ORDINANCE NO. 36-82 AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT WHICH INCLUDES THE MITIGATION, PREPAREDNESS, RESPONSE, AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; APPOINTING A CITY EMERGENCY COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF WICHITA FALLS; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200; REPEALING CHAPTER 10 OF THE CODE OF ORDINANCES. Moved by Alderman Thomas that Ordinance No. 36-82 be passed. Motion seconded by Alderman Smith. Edward Barrett, Director of Administrative Services, stated that things would work pretty much the same way, but it would bring our titles under state law. An emergency can be declared for more than seven days after the initial emergency declaration. City Attorney H. P. Hodge, Jr. stated that the statutes were lengthy, and some confusion existed between two which were in effect in 1979 when we had the tornado here. Since that time, one statute has been amended and brought up to date, and the parts of the other one which created confusion were repealed. Alderman Hampton suggested that Sections 2a and 3 of the proposed ordinance be amended to also permit the presiding officer of the Board of Aldermen to declare an emergency in the event the Mayor was unable to do so for some reason. The Board of Aldremen agreed to the amendment, but decided that only Section 2a needed to be amended. The amended motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None 288 Item l0a A proposed resolution was presented authorizing the city manager to execute an agreement with the State of Texas to pay power costs on three illuminated highway traffic signs . RESOLUTION NO. 51-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. WHEREAS, the State Department of Highways and Public Transportation has installed three illuminated highway traffic signs; and, WHEREAS, the attached agreement provides for the city to pay all power cost for operating said signs. 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 with the State of Texas, a copy of which is attached hereto. Moved by Alderman Thomas that Resolution No. 51-82 be passed. Motion seconded by Alderman Russell . Alderman Shearman asked why the City must be responsible for paying the electrical bill ? Jack Griffin, Acting Director of Traffic and Transportation, stated that the City and State entered into an agreement several years ago that the City would pay the power on overhead sign bridges. The State would pay for the upkeep, and the City would pay the power costs. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Boston Nays : Alderman Shearman Item 10b A proposed resolution was presented approving Change Order Number One on the 1981 Street Reconstruction Program. RESOLUTION NO. 52-82 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE 1981 RECONSTRUCTION PROGRAM. WHEREAS, the City of Wichita Falls and Timmins-Anderson Corporation, as contractor, entered into a contract dated June 2, 1981, for the construction of the 1981 Reconstruction Program; and, WHEREAS, Change Order No. 1 in the amount of $121,600.00 will increase the estimated contract price to a final value of $1,342.571.00. NOW, IHEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1 to the contract dated June 2, 1981, with Timmins-Anderson Corporation, 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 Smith that Resolution No. 52-82 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 r 289 Item 10c A proposed resolution was presented authorizing the city manager to execute a contract extension with the Wichita County Heritage Society. RESOLUTION NO. 53-82 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA COUNTY HERITAGE SOCIETY FOR A CITY OF WICHITA FALLS HISTORICAL PRESERVATION SURVEY AND PLAN. WHEREAS, the Board of Aldermen passed and approved Resolution No. 2849 on September 15, 1981, authorizing the City Manager to execute a contract with the Wichita County Heritage Society for an amount not to exceed $16,000; and, WHEREAS, the completion date of the contract needs to be extended to May 31, 1982. 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 a contract, a copy of which is attached hereto, with the Wichita County Heritage Society for a City of Wichita Falls Preservation Survey and Plan, for an amount not to exceed $16,000. Moved by Alderman Thomas that Resolution No. 53-82 be passed. Motion seconded by Alderman Russell . Alderman Shearman asked if this survey is being done in three different areas? Roger McKinney, Director of Planning, stated it is in the original townsite, general area 4, and Morningside Addition. Mr. McKinney stated that most of the historical structures are located in the older part of town. Alderman Shearman mentioned one structure on Turtle Creek Road, and also Floral Heights Addition. It was noted that Floral Heights Addition is included. Alderman Shearman asked why we are going to a person in Galveston to do this work? Why not the Planning Department? Mr. McKinney stated that a person really needs to know a lot about architectural structures. He stated that a lot of the work was done by local people. Alderman Shearman noted that it "gets to him" that we have to go outside the city to find out about our city. Alderman Hampton stated that we need an expert's name on the report in order to get it declared of historical value. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas and Boston Nays : Alderman Shearman Item 10d A proposed resolution was presented setting rental rates for Lake Diversion lots. RESOLUTION NO. 54-82 RESOLUTION SETTING RENTAL ON LOTS AT LAKE DIVERSION, AND AUTHORIZING CITY MANAGER TO EXECUTE LEASES THEREON. WHEREAS, in 1964 the City of Wichita Falls and Wichita County Water Improvement District No. 2 acquired a tract containing approximately 17 acres of land adjacent to the spillway at Lake Diversion, which tract had been subdivided into 73 lots to be used for lake cabins , of which lots only about six are now under lease; and, WHEREAS, by Resolution No. 691 dated March 2, 1967, the Board of Aldermen approved a lease form for such lots, established a rental on each lot of $36.00 per year, and authorized the City Manager to execute such lease forms on said lots; and, 290 Item 10d, cont'd. WHEREAS, the income from such lot rentals is insufficient to reimburse the Water District for the maintenance work they perform for such lots. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The rental on each lot at Lake Diversion shall hereafter be $136.00 per year; of this amount, $100.00 shall be retained by Wichita County Water Improvement District No. 2 to cover the costs of maintaining the area, and the other $36.00 will be divided so that the City shall receive two-thirds thereof and the Water District shall receive one-third thereof. The City Manager is hereby authorized to execute leases on these lots for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 54-82 be passed. Motion seconded by Alderman Russell . Mrs. C. D. Rosenbaum, Route 1, Box 121A, Electra, stated that they have moved into their lake cabin. To her knowledge, up until last month there has never been anything done to the road. This last month there has been evidence of a bulldozer off the road pushing up trees . They maintain their own lots. She does not know what maintenance would be performed except for the road. She stated that she had seen a cabin up there burning, and no one around. They do not have access to the lake, boat ramps, or a store. They are paying $150.00 on the other side of the lake with these services. Alderman Shearman asked if the City pumped the water up there? Mrs. Rosenbaum stated that they haul water. One person is tied into the pump from the lake. She thoughtit belonged to those people, but she does not have a pump, and they are not tied into it. The people on the other side of the lake pay Waggoner. Alderman Shearman noted that Mr. Waggoner has a security gate, also, and gravel roads. Alderman Hampton asked if she knows where they can rent a place for $11.33 per month? She stated that she didn't. All they are proposing is to use this additional income to maintain the bridge to get to their land. Mayor Hill asked what she would get for the extra $100 per month for maintenance? Archer County has been grading the roads. Mrs. Rosenbaum stated that there is a concrete bridge across the canal . Jimmy Banks, of the Water District, stated that they carry their tractor and mower up there twice a year. They maintain the concrete bridge across the canal . The existing piers are a problem. They are going to have to pour additional concrete around these piers. They clean up trash at abandoned cabins. They spent $1,850 this year for maintenance. They are just asking for money to see if they can possibly break even. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas and Boston Nays : Alderman Shearman Item 10e - - — — — — — — — — A proposed resolution was presented authorizing implementation of a city-wide citizen participation program to be known as "Involvement 80's" . The city manager presented slides of the proposed program, explaining the program tier and planning tier levels. He stated that he met with a number of crime watch people, and also neighborhood action groups, and both supported and - endorsed this program. RESOLUTION NO. 55-82 RESOLUTION APPROVING AND AUTHORIZING IMPLEMENTATION OF A CITY-WIDE CITIZEN PARTICIPATION PROGRAM TO BE KNOWN AS "INVOLVEMENT/80's" . WHEREAS, citizen participation in local governmental affairs is beneficial to the progress and betterment of a community; and, WHEREAS, the Involvement/80's program provides a vehicle by which to encourage and provide for voluntary citizen participation on a city-wide basis. i 291 Item 10e, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached Involvement/80's Citizen Participation Program is approved and authorization is hereby granted to implement said program. Moved by Alderman Thomas that Resolution No. 55-82 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 10f A proposed resolution was presented accepting a proposed hotel project as an eligible blighted area project. RESOLUTION NO. 56-82 RESOLUTION APPROVING AND ACCEPTING THE DAYS INNS OF AMERICA, INC. , HOTEL PROJECT AS AN ELIGIBLE PROJECT WITHIN OR ADJACENT TO THE CITY'S DESIGNATED BLIGHTED AREA. WHEREAS, the proposed Days Inns of America, Inc. , hotel project will contribute significantly to redevelopment objectives in or adjancent to the City's blighted area, as defined by the Wichita Falls Board of Aldermen, and is in furtherance of public purposes, as defined by the Development Corporation Act of 1979, as amended; and, WHEREAS, such project will contribute to the economic growth of Wichita Falls by increasing employment opportunities, increasing the tax base and promoting commerce within the City; and, WHEREAS, such project is an acceptable project of the commercial type. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls approves the Days Inns of America, Inc. , hotel project as an acceptable commercial project within or adjacent to the City's designated blighted area. Moved by Alderman Thomas that Resolution No. 56-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Russell , Smith, Thomas and Boston Nays : Aldermen Shearman and Hampton. Alderman Hampton stated that he is not against the motel per se, but he does not like to buy a pig in a poke. He does not want to take somebody's word that it will be in the blighted area. He does not think we should give an open end without knowing where it is . The City Manager stated that to be eligible, it has to be located in the blighted area. Alderman Hampton noted that .it could come back and want the City to designate another blighted area. Alderman Shearman stated that it is unfair competition, and he is totally against tax abatements. It was stated by the City Manager that this is not a tax abatement. Neither is Kiva Inn. Item 10g A proposed resolution was presented approving and authorizing a proposed credit union facility as an eligible blighted area project. 292 Item 10g, cont'd. RESOLUTION NO. 57-82 RESOLUTION APPROVING AND ACCEPTING THE SHEPPARD AREA FEDERAL CREDIT UNION FACILITY PROJECT AS AN ELIGIBLE PROJECT WITHIN OR ADJACENT TO THE CITY'S DESIGNATED BLIGHTED AREA. WHEREAS, the Sheppard Area Federal Credit Union building project to be located in the block bounded by 14th and 15th Streets and Broad and Holliday Streets in Wichita Falls will contribute significantly to redevelopment objectives in the City's designated blighted area, as defined by the Wichita Falls Board of Aldermen, and is in furtherance of public purposes, as defined by the Development Corporation Act of 1979, as amended; and, WHEREAS, such project will contribute to the economic growth of Wichita Falls by increasing employment opportunities, increasing the tax base and promoting commerce with the City; and, WHEREAS, such project is an acceptable project of the commercial type. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls approves the Sheppard Area Federal Credit Union building project as an eligible commercial project within or adjacent to the City's designated blighted area. Moved by Alderman Hampton that Resolution No. 57-82 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas and Boston Nays : Alderman Shearman Item lla A proposed resolution was presented awarding the bid for construction of a roadway, parking, and other improvements at Hamilton Park. RESOLUTION NO. 58-82 RESOLUTION AWARDING CONTRACT TO TIMMINS-ANDERSON CORPORATION FOR CONSTRUCTION OF PAVED ROADS AND OTHER IMPROVEMENTS AT HAMILTON PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of paved roads and other improvements at Hamilton Park; and, WHEREAS, two bids were received, and it is found that Timmins-Anderson Corporation, who bid $214,850.75, which includes its primary bid and Alternates No. 1 through No. 6, 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 Timmins-Anderson Corporation in the amount of $214,850.75 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Timmins-Anderson Corporation for the construction of such improvements. Moved by Alderman Thomas that Resolution No. 58-82 be passed. Motion seconded by Alderman Boston. Alderman Thomas asked if these six alternates are of as much value to the program as the base bid? Bill Hursh, Director of Parks and Recreation, stated that the base bid came in low enough for them to get the other desired items, such as parking, etc. Alderman Hampton cautioned Mr. Hursh to keep in mind what might happen in the future regarding the Corps of Engineers Holliday Creek plan. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and Boston Nays : None 293 Item llb A proposed resolution was presented awarding the bid for Phase I additions and repairs to Lake Kickapoo dam. RESOLUTION NO. 59-82 k RESOLUTION AWARDING CONTRACT TO ZACK BURKETT COMPANY FOR ADDITIONS AND REPAIRS TO LAKE KICKAP00 DAM. WHEREAS, five bids were received for additions and repairs to Lake Kickapoo Dam; and, WHEREAS, the bid of Zack Burkett Company of Graham, Texas , is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Zack Burkett Company in the amount of $230,987.50 is hereby accepted and the City Manager is authorized to execute a contract for the City of Wichita Falls for additions and repairs to Lake Kickapoo Dam. Moved by Alderman Thomas that Resolution No. 59-82 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 12a Mayor Hill asked about the bus fare. Jack Griffin stated that it is 45 cents , with a 10 cent transfer. Alderman Shearman asked why a candidate is charged a fee for getting a tax certificate from the Tax Department for filing for Board of Aldermen? The City Manager stated that it is a normal charge. Item 12b The Board of Aldermen recessed at 10:00 A.M. for an executive session on personnel and legal matters. William L. Caddell asked if the Board planned to discuss his claim? The City Attorney stated that they were. The City Manager informed him that he would be given an opportunity to be heard later on the agenda. The meeting resumed at 11:45 A.M. Item 12d Moved by Alderman Thomas that the following be reappointed to the Arts Commission for two-year terms to expire April 30, 1984. a. Bob Arnold g. Mrs. C. E. Jackson b. Mrs. Howard Chapman h. Mrs. Pat Jones c. Mrs. Aubrey Cox i . Gloria Lyday d. Jerry Estes j. Dr. Don Maxwell e. Mrs. Dub Heffington k. David Murray f. Mrs. Joe Wolverton 1 . Dr. Jennie Louise Hindman Motion seconded by Alderman Hampton, and carried unanimously. 294 Item 12d, cont'd. Moved by Alderman Thomas that Jay Alexander be appointed to the Traffic Safety Council for a two-year term to expire February 28, 1984. Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that Tommy Robinson and Floyd Bynum be reappointed to the Motor Vehicle Junkyard Commission as member and alternate, respectively, for a one-year term to expire April 21, 1983. Motion seconded by Alderman Hampton and carried unanimously. Moved by Alderman Thomas that Jim Ginnings be reappointed to the City-County Hospital Board for a one-year term to expire April 1, 1983, and that Marvin Traywick and Hardy McAlister be appointed for two year terms to expire April 1, 1984. Motion seconded by Alderman Hampton, and carried unanimously. Item 12c William L. Caddell stated that the information he gave the Council two weeks ago covered the problem, but since that time he has some information which he would like to present, from June 1981 to the present time. He stated that a letter came to him from Mr. Ryckoff in April 1981, requesting that he clear the premises of debris which was hazardous, and he started to clear it. Up until April , the property was under an implied vendor's lien, which means you cannot remove the property until the judgment is satisfied. A judgment was rendered at 3006 Moffett in the County Court of Law. On that ground was construction material . When he went back on May 27 to complete the project, the material was all gone. He stated that the material could be used. The property was posted "No Trespassing". He has pictures showing that material was located there. He stated that the City of Wichita Falls came on the property and removed it. They stopped working on the property, but there is still debris on it. He stated that he should have some recompense for the material because it was valuable to him. The replacement value would be a much larger figure. The time spent in cleaning it up, plus the court suit on this vendor's lien, meant that this air conditioner could not be removed. The City of Wichita Falls had sent him nine notices showing that this needed to be cleaned up. Weeds were mowed and debris got together. He stated that he lives at 1530 Norman, and there are weeds and debris behind his house there. He stated that he received nine notices starting February 1980. Mayor Hill stated that they also had pictures of his property, and the property as it now stands. Mr. Caddell stated that on the notices from the City of Wichita Falls, there were cards which were mailed as enclosures , which were mailed back in. One was mailed April 1981 and one in May 1981 showing the status of the property. At that time, on this implied vendor's lien with Lone Star Gas Company, there was evidence which was to be used in a court judgment, but he cannot use it now since it has been hauled off. Mr. Caddell stated that points the Council should consider are removal of property as property by conversion, trespassing, due process of law which was not carried out in a reasonable manner, punitive damages, exemplary damages, court costs , attorney's fees, judgment, etc. The error needs to be rectified. Alderman Shearman asked Mr. Caddell if in June 1980 did he receive a letter sent by the City of Wichita Falls? Mr. Caddell stated that he did. Alderman Shearman also asked if charges were filed in Municipal Court? He stated that he received a summons, but that he did not appear because he did not think he needed to. Alderman Shearman further asked if he had received a letter from the Health Department in April 1981, stating that the property was not in compliance? Also, a letter in July 1981, with cards to be returned? Alderman Shearman asked did he not think two years is enough time to get his property in order? Mr. Caddell stated that he did not think it was. If the loan came through, he was going to rebuild the house himself. After a period of time it depreciated, and he started cleaning it up. He hauled in some new materials, chipped and stacked the bricks and boards. On May 27 it would have been completed, but when he went back the material was gone. 295 Item 12c, cont'd. Mayor Hill stated that we want to protect his rights , but there are other people out there who also have rights. It has been almost three years since the tornado blew it away. It is his property, and very little has been done to it except by the contractor which the City hired. Some pictures were taken this morning, and he hasn't been in too big a hurry in cleaning it up. Mr. Caddell stated that if this problem had been satisfied, it would have been cleaned up much earlier. Mayor Hill informed him that if it had been cleaned up, then he would not have had the problem. Alderman Hampton commented that this started two years ago, and not last year. The notice was given in June 1980, long before it was hauled off in May 1981. Mr. Caddell stated that if you have a structure good enough to build on, it does not make sense to tear it down. He stated that it was mowed nine times . Moved by Alderman Hampton that the Council deny the claim in full in the amount of $2,604.62. Motion seconded by Alderman Smith, and carried unanimously. Item 12e was postponed. - - — — — — — — — — The Board of Aldermen adjourned at 12:10 P.M. PASSED AND APPROVED this Cp-tkl day of 1982. �-' Mayor ATTEST: i City Clerk I I i i STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, made this day of 19 ' by and between the State of Texas , hereinafter called the "State," Party of the First Part; and the City of , County, Texas, acting by and through its duly authorized officers under Resolution passed the day of 19 hereinafter called the "City," Party of the Second Part: VIA TNESSETH : WHEREAS, the City has authorized the installation of illuminated highway traffic signs by Resolution passed on the day of 19 at the locations described on EXHIBIT 1 , and shown on EXHIBIT 2, attached hereto and made a part hereof, in the City: AGREEMENT : NOW, therefore, in consideration of the premises and of the mutual cove- nants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1 . The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said illuminated highway traffic signs, supervise construction, and upon completion of construction, operate and maintain said illuminated highway traffic signs. 2. The City hereby consents to the construction of the illuminated highway traffic signs described on EXHIBIT 1 and shown on EXHIBIT 2, by the approval of the location and manner of construction as shown on plans and described in specifications attached hereto, marked EXHIBIT 3, and made a part hereof. 3. The City will pay all power costs for operating the illuminated signs. 4. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of said illuminated highway traffic signs without written authority from the State Highway Engineer. 5. The State shall have the authority to make such changes in the design and operation of the illuminated highway traffic signs as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 6. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and/or Contracts between the City and the State, this Agreement shall take precedence over the other Agreements and/or Contracts. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of on the _ _---- day of 19 and the State Department of Highways and Public Transportation on the day of 19 ATTEST: CITY OF By Title of Signing Official THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under authorization of Minute Order No. 78501 . By: Chief Engineer of Safety and Maintenance Operations APPROVAL RECOMMENDED: District Engineer iel ngineer of Highway Design EXHIBIT 1 LOCATIONS Z1 US 287 Southbound, between 9th and 1Cth Streets Z2 14th Street, between Scott Street and Indiana Street Z3 Spur 447 Southbound, at 13th Street exit EXHIBIT 1 9vOwNSEEA 3 YI u` _ i o �� 'N RTN 5^ 1 'JU� 2 t'4Y 1TN < r \p `i KA�. 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NORMAN \ t S r a�-T'•' f01 K 8AR A L is EXHIBIT 2 r OEN' cr -(I,ERRr _ ` t WICHITA FALLS CONTRACT CHANGE ORDER ORDER NO. 1 DATE : 3/16/82 CONTRACT FOR: 1981 Reconstruction Program OWNER: City of Wichita Falls TO: Timmins-Anderson Corporation Wichita Falls , Texas You are hereby requested to comply with the following changes from the contract plans and specifications . DESCRIPTION OF CHANGE AMOUNT 1 . Increase of 23 , 000 square yards of lime stabilized base . (increase) $73 , 330 . 00 2 . Increase of 1 , 910 . 8 tons of 12" Type "D" H.M.A. C . Surface course . (increase) $47 , 770 . 00 Old Contract Price $1 , 220 , 971 . 00 New Contract Price $1 , 342, 571 . 00 JUSTIFICATION: The receiving of additional discretionary grant monies from the Department of Housing and Urban Development have made it possible to increase the contract quantities and therefore reconstruct additional tornado damaged streets . This document will become a supplement to the contract and all provisions will apply hereto . Requested: (Owner) (Date) Accepted: (Contractor) (Date) Page of 3 pages Agenda Item No . l - Cify of b ICHITA FALLS. INVOLVEMENT / 80's 1 .......... ... .. ....... a -1 f .. 1 'fl t.K .A. L_ �C iJl- A CITIZEN PARTICIPATION! PROGRAM M Page 2 of 13 Pages Agenda Item No. 10.e. f u arts, human relations , historic preservation, planning, traffic, community clean-up, etc. Overall some 179 citizens now participate on the City's I various boards and commissions. 4. Public Hearings. Dependent upon the circumstances, public hearings are held for a number of reasons, all of them with the objective of seeking citizen input and comment relative to particular public business matters. Hearings are typically held in connection with the City's budget and annual work program, as part of the process of issuing various licenses and permits, and in association with the several federal grant programs operated by the City. City Council meetings conducted on the first and third Tuesdays of each month also provide forums for public input. They are in essence public hearings called for the purpose of performing the City's business. The above represent the major "formal" avenues of communication and input avail- able to the public. There are, of course, many more informal and less structured means by which to present ideas, suggestions or comments. Telephone calls, letters and simple conversations are the most common informal methods utilized. Needs/Objectives Though the picture drawn above appears to afford the public ample opportunities to be a part of and to influence local governmental affairs, there is room for improve- ment. While the citizen participation mechanisms now in use have in many ways been successful, gaps do exist. Involvement/801s, as outlined in subsequent paragraphs, has been designed to fill those gaps and to build on the strong foundation already in existence. Expressed Lin terms of objectives, Involvement/80's has been developed to achieve the following: f Overall Objectives: L To implement a broad-based, city-wide citizen participation program. To involve, on a voluntary basis, citizens in programs and planning activities designed to enhance the quality of life in Wichita Falls and to improve City facilities and community services. Specific.Objectives: To help maintain and to continue to foster the broad scope of activities and extensive involvement of existing Neighborhood Action Groups. To expand the horizons and involvement of Neighborhood Crime Watch groups beyond crime prevention and into other areas of community interest and concern. Page 4 of 13 Pages Agenda Item No. 10.e. 4 - Building upon the foundation provided b citizen participation b P P y p c patron at the program or NPA tier, Involvement/80's envisions grouping several adjoining Neighborhood Program Areas together into Planning Sectors. Based on the population of each sector and using nominations furnished by each sector's NPA's, the City Council would appoint a group of citizens to participate in the City's long-range planning process. The Involvement/80's planning group is intended to infuse greater numbers'of people into the planning process, to provide a direct, representative avenue of input into that process from the neighborhood level and to augment the efforts of other City boards and commissions charged with long-range planning responsi- bilities. With regard to the last point, as particular elements of the City's Comprehensive Plan are developed or updated, the Involvement/80's planning group would serve as an information provider to the affected board of commission. If, for example, a revised and updated Parks Plan were proposed, then the Parks Board would be able to use the Involvement/80's planning group as a resource for completing surveys and questionnaires, for gathering ideas or sug- gestions for park system improvements and for other types of assistance and input. Attached is a flow chart which the portrays relationships between the various bodies involved in the planning process. The chart sets forth the flow of information associated with that process. Also attached is a table which enumerates the numbers of appointees to be made to the Involvement/80's planning group from each of the City's 14 planning sectors. Representation from each sector is based on population, with one planning group representative being appointed per every 1,000 people located in the sector. Though, due to the small number of planning group representatives in a few sectors, it may not be feasible, each Neighborhood Program Area will be encouraged to nominate one or more high school-aged youthrepresentatives to serve on the planning group. Either that or they could seek such nominees from the high schools which serve their areas. In any case, the intent here is to encourage youth leadership development,_and, in our opinion, participation in Involvement/80's would provide an excellent opportunity to advance such development. Appointments by the City Council to the Involvement/80's planning group would be for two-year terms. To assure continuity, initial appointments should be staggered, with half the appointments being made for one-year terms and the other half for -- two-year terms. After the initial appointments, all terms would be for two-year periods. Program Support Much of the support needed to underglyd Involvement/80's will be provided via City staff time and effort. At the program tier, activities will be coordinated through the City Manager's Office and administrative assistants who will be assigned to work with Neighborhood Program Area residents. Numerous City departments and other organizations will be involved in presenting and helping to establish programs in the subject areas of crime prevention, fire prevention , community clean-up, traffic safety, etc. Page 6 of 13 Pages Agenda Item No. 10.e. 0 c� . O D -O Q 'v < < J T CD M < La rho O < CD — fD Do Q /D O p Q 7 0 0 0 a. � CL ,_ Z A '0 D0 S o Q N l7 p n � z 3 0 -0 a D n -0to CD ri >o to ° cn ci s ° < 30 0 � -s Om o n .+ Q 6I Z N :3 Q. r► co Q n K o p 0 D( N 0 LN Z Da v A� o a 1 3 0 a Lwn ;0 -n — 1�n c *'� p Cl O to to n CA 3 0 cn n o �. .+ N Page 8 of 13 Pages l� Agenda Item No. 10.e. :T R� i..• i.M•• ;{��:-:K FIGURE 1 . INVOLVEMENT/80's NEIGHBORHOOD ACTION GROUPS I .. .... .. . j 1 . C ........ �— LYN;YOOD EAST t � NORTHSIDE ' •SCOTLAND EASTSIDE ._1 s EASTS I DE 2 , i z Soul HSIDE Page 10 of 13 Pages Agenda Item No. 10.e. i FIGURE 3. INVOLVEMENT180's PLANNING SECTORS/NEIGHBORHOOD PROGRAM AREAS 22 r r ' S.A.F.B. 1 3t _ 21 20 47 46 -, 12 45 1911 48 — 44-1, 43 %14`` 42 `� r � 11 18 � 16 r --- f -- 15 -` 41 L-- 40 2 I \� 3 \ 39 10 \ 3_ 55 ��� 54 ��� 27 14 -- r I i I I �> 3736 i r2 r 53 r i 26 ' 101, I - � - 38 zs — 'r j r 52 138 33 35 1'' - S 4 I - r 61 I , r i t r 51 , 7 1, 6 25 7 r 60 ' ;J340 'I 32 162 24 31 158 - 659: 57 49 30 29 - i 23 --- 4 56 ' ` 28 — 2-- Neighborhood Program Areas Planning Sectors - Page 12 of 13 Pages Agenda Item No. 10.e. Ir �• • .,...• •.ram-_�• r t FIGURE 2. INVOLVEMENT/30's NEIGHBORHOOD ACTION GROUPS/NEIGHBORHOOD WATCH AREAS 13 Lynwood East Scotland _ — 12 Northside�, 11 Eastside 1 10 a b ® Eastside 2 g f 7 - x Southside Neighborhood Watch Areas �f Planning Sectors V., . Page 11 of 13 Pages '" ''""`- Agenda Item No. 10.e. 1 INVOLVE, , T /80's k PLANNING GROUP NUMBER PLANNING SECTOR POPULATION REPRESENTATIVES SECTOR NO. 1 3,789 4 2 5,545 5 3 4,408 4 4 2,107 2 va 4,631 5 6 7,066 7 7 5,353 5 8 11,074 11 9 9,556 10 [ L 10 13,779 14 11 4,267 4 12 3,371 3 13 15,847 16 14 3,408 3 TOTALS 94,201 93 Page 9 of 13 Pages Agenda Item No. 10.e. - 5 - At the planning City tier, principle support responsibility will rest with the y's by other Planning Department. This department, with technical assistance the vaded 1 ments City departments and outside experts, has historically prepared of the City's comprehensive plan in concert with the Planning Board and citizen groups. because City funds With the volunteer emphasis embodied in Involvement aIc80vitie doutlined herein, are already budgeted for the program and planning unusual budgetary impacts are not anticipated. In other words, no additional funding will be needed to institute Involvement/80's. Implementation Timetable The timetable presented hereinbelow offers a general schedule for Involvement/80's r (I/80's) implementation. This is a flexible schedule which can be adjusted as needs necessitate or conditions dictate. Event Month I/80's explanations to Neighborhood Action 1 Groups and Crime Watch Areas I/80's explanations to City boards and 1 - 2 commissions Organizational eff orts in NPA's Program implementation efforts in NPA's 2 - 4 Organizational efforts in NPA's 4 - 6 Program implementation efforts in NPA's 4 - 6 Request and receive NPA I/80's planning 9 - 10 group nominations City Council appoints I180's planning group 11 Continuing NPA and I/80's planning group 12 and thereafter activities Summary Involvement/80's offers a framework for citizen participation in efforts to help themselves, their neighborhoods and their city. It was the strength and wisdom of this type of involvement which has successfully brought our city to its centennial year. With that same strong, wise and visionary involvement, we can continue to build and grow in the generations ahead. Page 7 of 13 Pages Agen da Item No. 10.e. r 3 To create, contingent upon citizen willingness to do so, neighborhood organi- zations in those areas where none now exist and, once interest and concern established, to involve those organizations in areas of community m Description tion P need to be an organizational and l Though there will, of necessity, the overall phase prior to the full-blown implementat of Involvement rrogram tier 80'and a planning tier. undertaking embraces two interrelated tiers `! Program Tier: ` At the neighborhood level, the program tier is designed to involve neighborhood residents in self-help and people-helping-people programs. For example, neighbor- in crime prevention, fire preven- hood residents would be encouraged to enerarticonservation, t afcipate fic safety and similar lion, clean-up , water conservation, g3' nei hborhood residents programs. The primary thrust of this tier lies in bringing g her in organizing and C together to share and exchange information a nd conditions.to orkwork implementing programs to improve neig hborhooUtilizing resource persons from the City staff and other organizations, informational rams could be presented, and neighborhood residents take relative decide what, if any, individual or collect �- and educational programs ive actions they might w to them. Additionally, neighborhood residents ree to meetirigtiate theirt programs, ams, programs which could specifically tailored to neighborhood's needs. Because of the neighborhood and programmatic character of what has has been abeened describe each above, a "Neighborhood Program Area (NPA) designation of the 62 areas identified under Involvement/80's. Though there are some variations stent .(in order to bring all homogeneous areas into the program in logical,incorporate or , fashion) , the NPA boundaries (see attached map; Figure 3) generally P coincide with_ either existing neighborhood action group, crime watch area, or subdivision boundaries. Since many of the NPA's do not currently possess any semblance of a neighborhood organization (neither a Neighborhood Action Group nor a Crime Watch Area) , steps will have to be taken to establish such organizations.small roup is will gbe telephone contacts through neighborhood visitations, mailings, g and with the assistance of the media. JPlanning Tier: J. Long-range planning is an important ingredient in the continuing growth and devel- L opment of any organization, especially one as complex and multi-faceted as a com- munity'and its local government. Comprehensive planning efforts can lead to uture solutions to t existing top he successffullems and o avoidance prepa preparation workable p lans . As rests with w it the ventures, the key People who participate in the planning process. page 5 of 13 Pages Agenda Item No. 10.e. INVOLVEMENT 180's A CITIZEN PARTICIPATION PROGRAM Introduction In our democratic society, the strength and vitality of our governmental structure, whether it be at the federal,state or local level, is built upon a solid oue foundation key of citizen involvement• Peoons and understandie and ng, greater ther they progress, a healthier to improved communicater community perspective and better government. I r the To be able to realize the many benefits d entitled h active participation Involvement/80's"ehas bee citi- zens and the City of Wichita Fall program developed. Symbolic of the exciting decade which sa fo ac ti e lrey ns to work together Involvement/80's promises opportunities, opportunities to bring about brighter tomorrows for their community. In the paragraphs which follow , the basis for and a description of Involvement/80's ' are provided. As the reader will discern, Involvement/80's is a largnity- With t e, pen door and through which much can be accompV chits Falls for our are uconfident that many citizens enthusiasm which already exist in will pass through that door and become actively involved in creating a better Wichita Falls. - Current Conditions al overnmental affairs currently Several avenues for citizen participation in loc g exist. They take a variety of forms, including: u 1. Neighborhood Action Groups. Ostensibly organized in conjunction with one or more federally-funded pro- grams , there are presently six Neighborhood Action Groups i e existence. of ad L These groups have been active for several years in a r p programs and activities ranging from neighborhood eghborho dprog improvements and crime housing rehabilitation s. day care to hedsma senior(Figure 1) illustrates, the geographic pre vention efforts. As the attached P areas represented by the Neighborhood Action Groups have been generally categorized as target or low and moderate income neighborhood areas. 2. Neighborhood Crime Watch Programs. titleimplies,t elthelprinicpal empha iure 2) have beer, Some 62 Neighborhood Crime 11atch areas ----- established throughout the City. As its t rhood crime of the program concerns neighbo pits ctivi- reliance upon neighbor ties. An integral dimension of the program helping neighbor. 3. City Boards and Commissions. At this time, the City of Wichita Falls, has 22 citizen boards and commissions. - By and large, these bodies have been created to provide advice and recommen the 13 dations to the Mayor and City Council in specific subject areas; Pa •e. , parks, Page 3 of Pages ,. Agenda Item No. 10.e. F _ t ,