Min 05/04/1982 327
Wichita Falls, Texas
Memorial Auditorium Bldg.
May 4, 1982
Items I & 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.
Gary D. Cook Mayor
Gene Shearman
John W. Hampton
Carol G. Russell Aldermen
Craig A. Wilson
Howard M. Morris
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Chief Accounting Officer
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The invocation was given by Baxton Bryant, Wesley United Methodist Church.
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Item 3
Moved by Alderman Boston that minutes of the meeting held April 20, 1982, be
approved.
Motion seconded by Alderman Shearman, and carried unanimously.
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Items 4a - 8d
Items 4b, 5a, and 7a were moved to the regular agenda.
Moved by Alderman Morris that the remaining items on the consent agenda be
approved.
Motion seconded by Alderman Shearman.
Item 4a
ORDINANCE NO. 50-82
AN ORDINANCE RELEASING AND ABANDONING THE WEST HALF OF A UTILITY
EASEMENT IN LOT 3A, BLOCK 105A, HIGHLAND ADDITION TO THE CITY OF
WICHITA FALLS, TEXAS.
Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
Item 4c
ORDINANCE NO. 51-82
AN ORDINANCE CLOSING AND ABANDONING DONNA LANE FROM LORETTA
STREET TO BURKBURNETT HIGHWAY AND RETAINING A UTILITY
EASEMENT.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays : None
Item 4d
ORDINANCE NO. 52-82
AN ORDINANCE RELEASING AND ABANDONING A TEN (10) BY FORTY-EIGHT
(48) FOOT UTILITY EASEMENT IN BLOCK 12, DITTOE HEIGHTS SUBDIVISION
OF THE CITY OF WICHITA FALLS, TEXAS.
328
Item 4d, cont'd.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays : None
Item 6a
The bid for a mower tractor for the Street Division was awarded to Case Equipment
Company in the amount of $22,884.
Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
Item 8
Minutes of the meetings ofthe following boards and commissions were received.
a. Planning Board - April 14, 1982
Ayes : Mayor CookAldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays : None
b. Traffic Commission - April 21, 1982
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
c. Park Board - April 22, 1982
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays : None
d. Traffic Safety Council - April 7, 1982
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item 4b
Discussion was held on a proposed ordinance closing and abandoning a portion of
Washington Street, as requested by Wilson Manufacturing Company.
Alderman Wilson asked if this makes sense to give them equal property to what
they have just recently purchased? The City Manager explained that when an easement
is no longer needed, the property goes 50-50 to abutting owners.
City Attorney H. P. Hodge, Jr. stated that if the Council finds that the public
no longer has any use of this land, the abutting property goes to each property owner.
These owners have originally bought and paid for it anyway.
Alderman Shearman asked if it will work a hardship on anyone to close this street?
Roger McKinney, Director of Planning, stated that Washington Street intersects North
Scott. It is not a through street.
ORDINANCE NO. 53-82
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF WASHINGTON STREET
BETWEEN LOT 7, BLOCK 33 AND LOT 1, BLOCK 50, ORIGINAL TOWNSITE OF
THE CITY OF WICHITA FALLS, TEXAS AND RETAINING A UTILITY EASEMENT.
Moved by Alderman Morris that Ordinance No. 53-82 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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329
Item 5a
Discussion was held on a proposed resolution awarding the contract for the
construction of a maintenance facility at the landfill .
Alderman Morris asked what kind of problems will be caused by the reduction
of the wall height from 18 to 16 feet? Ernest Lillard stated that the eave height
would take care of the problems they would have. The tallest machine they will be
putting in there will be 13-1, feet. The sixteen feet is needed inside the building
when you raise the elevating scraper bowl above the top of the machine. Alderman
Morris also asked about the deletion of the door closures. Mr. Lillard stated
that they should not have been on there because they are automatic closures.
RESOLUTION NO. 74-82
RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF A
MAINTENANCE FACILITY AT THE SANITARY LANDFILL.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of a maintenance facility at the Sanitary Landfill ; and,
WHEREAS, six bids were received, and it is found that the bid of M & F Litteken
Company in the amount of $28,695.00 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 M & F Litteken Company in the amount of $28,695.00 is hereby
accepted, and the City Manager is authorized to execute a contract with M & F
Litteken Company for the construction of such improvement.
Moved by Alderman Morris that Resolution No. 74-82 be passed.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item 7a
Discussion was held on a proposed ordinance approving two change orders on
the Bellevue Park improvement project.
Alderman Morris asked if something will be torn out, or has it been constructed
for the handicapped? Bill Hursh, Director of Parks and Recreation, stated there is
no loss of material on this change. Alderman Morris suggested that if we had
caught it before the job was bid, perhaps it would have cost us less. He also
had a question, pertaining to the breakdown on the contractor's cost. He stated
that twenty percent on subcontractors ' fees seems high. It is normally five percent.
Alderman Shearman asked if this is wholesale or retail ? We would hate to see
someone tack 20 percent on retail prices. He also asked about getting a handrail
coming into the auditorium. Alderman Wilson asked if we had a consultant on this
project? Mr. Hursh stated that we did not.
Mr. Hursh went to his office to get information concerning how the prices the
contractor has given them compare to wholesale prices. At the end of the meeting
he presented the information to Alderman Morris. Alderman Shearman stated that it
seems he wants the best of two worlds , and you can't have it in this business .
Alderman Morris asked if we could put a maximum amount on what a contractor
could add to a sub? The City Manager stated that we could.
RESOLUTION NO. 81-82
RESOLUTION APPROVING CHANGE ORDERS NO. 1 AND NO. 2 TO
CONTRACT FOR BELLEVUE PARK IMPROVEMENT PROJECT.
330
Item 7a, cont'd.
WHEREAS, the City of Wichita Falls and C. D. Graham Construction Company, Inc. ,
as contractor, entered into a contract dated March 2, 1982, wherein said contractor
agreed to construct certain improvements in Bellevue Park; and,
WHEREAS, it is deemed advisable to execute Change Orders No. 1 and 2, which will
increase the contract amount by $2,300.06.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THEICITY OF WICHITA
FALLS, TEXAS, THAT:
Change Orders No. 1 and No. 2, copies of which are attached hereto, to the contract
with C. D. Graham Construction Company, Inc. , for the construction of Bellevue Park
improvements, are hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
Moved by Alderman Hampton that Resolution No. 81-82 be passed.
Motion seconded by Alderman Morris , and carried by the following vote.
Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris and Boston
Nays : Alderman Shearman
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Item 9a was deleted because of illness in Mr. Delmar Bennett's family. Item 9b,
the appearance of Dr. Eldo Jones, was also deleted.
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Item 9c
Allen Palmatary appeared concerning a desired revision to the Motor Vehicle Salvage
and/or Junk Yard ordinance.
Mr. Palmatary operates Al 's Automotive at 2305 Sheppard Access Road. He was denied
a license by the Salvage/Junk Yard Commission because he did not have the required
screening fence. He stated that when the ordinance was under consideration he asked
the Council to give the Committee the authority to waive anything called for. When he
went before the Committee, it was not in the ordinance, and they did not have that power.
Mr. Palmatary stated that he has a security problem in that if a screening fence is
constructed, police will not be able to see if someone is in there as they drive by. He
requested that the ordinance be revised to allow the Commission to waive the screening
requirements for that portion of the applicant's property used as a vehicle depository
for impoundments.
Mr. Palmatary stated that hi sbusiness is located on a road not traveled much.
People jump these fences and steal parts. He stated that he is the only one on that
road that is in the business of wrecker and storage vehicles. Alderman Wilson noted
that Tommy Alexander has a storage facility on this road. Mr. Palmatary stated that
he has had a burglary since this came up.
Alderman Shearman asked Mr. Ryckoff for his suggestion. Joe Ryckoff, Code
Enforcement officer, stated that if we have an ordinance, it should be for everyone's
benefit. He does not feel one should be given preference over another.
Mr. Palmatary stated that he could show the Committee his problem by police records.
Alderman Morris asked Mr. Palmatary if he has anymore problems than others? Mr.
Palmatary stated that he does not own these vehicles. They are the property of other
people. Alderman Hampton pointed out that all of the rest of them have cars that they
don't own. Perhaps the others have taken care of their security problems. Perhaps
they have hired people to watch the property. Mr. Palmatary stated this is just more
expense. If he can keep his costs down, it is less cost to the people. He would pass
on the cost of the guard to the people. He stated that he has been at this location
20 years.
The Council moved on to the next item.
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331
Item 10a
Discussion was held on a proposed ordinance to extend the parking meter zone to
the 800 block of 6th Street next to the County Courthouse Annex and the Atrium
Buildings.
Andy Lee, 1702 Tilden, appeared representing private enterprise for owners of
the Atrium Office Building and First Wichita National Bank. He stated that the
question has come up of closing the south lane of 6th Street between Lamar and
Scott. The Atrium Office Building was designed for the front door entry to face
North on 6th Street. They do not need any additional parking. They purchased
the Owen larking Garage for that purpose, They do not need any emergency zones
The other problem with parking spaces there is the fire hazard. If a fire broke
out, the fire trucks could come in the front of this building and fight a fire.
All equipment is set up in the elevator shaft. If a fire broke out in the Court
House Annex, they would have to come from the alley or roof since there are no
windows in that building.
Mr. Lee also stated that there is a contract between the owners of the Atrium
regarding a beautification streetscape plan from Community Development Block Grant
funds. Mr. Lee stated that to deface the streetscape plan with parking meters
would be a shame.
Sixth Street is four lanes downtown. The First Wichita Bank chose the
location they did because they were trying to eliminate traffic congestion.
They spent a lot of money on this and beautification. With First Wichita using
the northbound lane on payday, and parking meters on the southbound lane, he
wonders if the two middle lanes could handle the traffic. He feels that closing
the South lane would be a traffic hazard The Midtown 2000 plan adopted in 1976
calls for moderate beautification. He b�lieves we need to have the city look at
these lanes on a payday Friday.
Mr. Lee stated that he has not spent a lot of time on an alternate plan. A
lot of this problem is because of a lack of parking by Wichita County Court House.
They have parking West of the bus station, which is free. They have parking for
the Court House for jurors. When there is no jury, that is free parking. He
does not feel that Wichita County planned to have sufficient parking. He believes
they are expecting the City of Wichita Falls to solve their problem. He stated
that ten spaces will be for the annex. In no way will it help the Atrium. As an
alternate plan the City should look to Lamar Street West of First Wichita Bank
drive-in facility across from the bus station. The alternate plan would keep the
accessibility of 6th Street open.
Alderman Morris asked Acting Fire Chief Jim Jameson what his opinion is of
the fire accessibility? Chief Jameson stated that they would have problems, but
no more so there than any other downtown building.
The City Manager stated that Jack Griffin, Acting Director of Traffic and
Transportation, has arranged the parking so that it won't detract from the
aesthetics of the building. Mr. Bach also stated that part of the demand for
parking is coming from the Atrium Building.
Acting Director of Traffic an d Transportation Jack Griffin showed the proposed
parking layout. No maneuvering will be necessary in the traffic lanes because
there will be 18 feet between cars. There will be one meter post with dual heads
to cut down on the numbers of posts used, with a 30-minute time limit. There will
be a loading zone on Lamar Street. Mr. Griffin stated that this parking lane has
been closed for the past year anyway because of construction, and it has not
caused any problems in traffic. They have had many complaints from prople trying
to get license plates. The County realizes that they have created their own
problem, but the City feels it is our responsibility to help solve the problem.
Alderman Shearman asked how far it is to where there is parking on 6th Street
West? Mr. Griffin stated there is no parking on 6th Street. The City Manager
noted that the County's parking lot on the North side of 6th Street is full all
the time. Mr. Griffin explained that they will stripe the South lane for a right
turn only. They will- also install overhead signs.
Alderman Morris asked how many parking meters there would be? Mr. Griffin
stated there would be nine. Alderman Wilson felt that reducing lanes would be a
problem. Mr. Griffin explained that only crew labor would be involved in this
change. They already have the signs and parking meters in the shop which have been
removed from other areas.
332
Item 10a, cont'd.
Alderman Hampton asked how much money has been spent on the Atrium? Mr. Lee
stated it was probably in excess of two million dollars. Alderman Hampton commented
that these businessmen have planned for parking, a sprinkler system, etc. The County
did not plan. We are now faced with a sudden right turn at Scott. This would move
it back one block. This action would have a tendency of discouraging others from
spending money downtown. Alderman Wilson agreed, stating that we should encourage
every avenue to provide private dollars to be spent downtown. Aldermen Shearman
and Morris agreed.
Mayor Cook asked Mr. Lee to express to the owners of the Atrium and the First
Wichita Bank the appreciation of the Council for the work done, and money spent.
Moved by Alderman Shearman that this matter be tabled.
Motion seconded by Alderman Morris, and carried unanimously.
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Item 10b
A proposed ordinance was presented amending the Code of Ordinances pertaining
to advertisement for competitive bids and awarding city contracts.
ORDINANCE NO. 54-82
ORDINANCE AMENDING SECTIONS 2-5 AND 2-6 OF THE CODE OF ORDINANCES
CONCERNING ADVERTISEMENT FOR COMPETITIVE BIDS AND REQUIREMENTS AND
CONSIDERATIONS IN AWARDING CITY CONTRACTS.
Moved by Alderman Boston that Ordinances No. 54-82 be passed.
Motion seconded by Alderman Shearman.
Alderman Morris noted that since- the City Manager is working on the administrative
portion of this now, why can't we do all of this in one step? The City Manager stated
that one policy was drafted which was not acceptable to himself, but he feels we don't
need to be out of legal compliance.
Alderman Shearman suggested that the word "shall " be placed in Section 2 (1) of
the ordinance, instead of the word "may", in regard to requiring a financial statement.
The City Manager stated that this is for the option of having someone file it who does
not have a proven track record. Alderman Shearman stated that he feels it should be
for everyone. "May" just won't cut it. Alderman Hampton noted that this leaves it up
to a personal decision. Financial status can change at times. You are putting this
blame on the department. He feels "shall " would be better, and have it uniform for
everyone. Alderman Shearman stated that everyone should have a current financial
statement.
Alderman Wilson asked what any public work or improvement encompasses? City
Attorney H. P. Hodge, Jr. stated that a public work would include a building, fire
station, parks, streets, drainage. Equipment and supplies would not be included.
Alderman Shearman asked if a chemical is a public work or improvement? It was stated
that it is not. Neither is a fire truck. According to the Charter, anything over
$1000 has to be submitted to bids. Alderman Morris had some questions about some
of these things.
Mayor Cook asked when we would have an administrative policy? Fred Werner,
Chief Accounting Officer, stated that we are trying to find another purchasing
agent. The new purchasing agent may have some input.
The City Manager stated that this would be an administrative policy, which he
would be glad to provide the Council with. They are trying to come up with some
standard specifications, processes, etc. It could be ready in maybe two weeks.
Mayor Cook asked why it would not be appropriate to incorporate it with this
matter this morning? The City Manager stated that they might be putting something
in concrete that might need to be changed at times. Mayor Cook stated that he is
referring to pre-bid conferences and something they would not get into the specifi-
cations.
333
Item 10b, cont'd.
Alderman Wilson commented on the performance bond being a statutory requirement.
Alderman Morris asked why we would not require a performance bond on the fire
truck? It is a small cost for protection. The City Attorney stated that he had
always construed both sections as public works projects. The City Manager stated
that this ordinance pertains to public works, and not equipment.
Alderman Wilson stated that not having performance bonds on this equipment
has created some problems for us. If we have a specified performance bond somebody
will deliver what we want.
Alderman Morris stated that he would like to see something in the administrative
policy which addresses this.
Alderman Morris noted that the present ordinance provides that the bidder "shall "
furnish a financial statement. He suggested that Section 2 of the proposed ordinance
be deleted, and the remaining sections be renumbered. Aldermen Boston and Shearman
accepted that amendment to their motion and second.
The motion for passage of Ordinance No. 54-82, deleting Section 2, was carried
by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays : None
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Item 10c
A proposed ordinance was presented waiving certain ordinances concerning
municipal enforcement of deed restrictions on Lots 22 and 23, Block 61, Southland
Addition.
ORDINANCE NO. 55-82
ORDINANCE WAIVING ORDINANCES 3457, 3647, 3648 AND 3699 AS TO
ONE TRACT OF LAND.
Moved by Alderman Hampton that Ordinance No. 55-82 be passed.
Motion seconded by Alderman Shearman.
Alderman Russell noted that five percent of the property owners objected.
Does the state statute designate an acceptable level percentage?
Roger McKinney, Director of Planning, stated that the notification was not
in regard to deed restrictions, but to the replat.
Mayor Cook stated that the ordinance does not limit it to the types of
facility. He stated that he would not want it to be used as a fast food or late
night facility. Once this is waived, it leaves it open to any commercial structure.
The City Manager stated that the ordinance could be waived subject to the construc-
tion of an office type facility.
Moved by Alderman Hampton that an amendment be approved with the waivers
subject to construction of an office structure on the site.
Motion seconded by Alderman Morris , and carried unanimously.
The motion for passage of Ordinance No. 55-82, as amended, was carried by the
following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays : None
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334
Item 11a
Discussion was held on a proposal to hire an engineering firm for work on sewer
improvements along U. S. Highway 277, and along a drainage easement in University Park
area.
Alderman Shearman asked how many engineers we have? Joe Smith stated there is
only one in Public Utilities available to do engineering work. Public Works also has
only one registered engineer to do design work. Public Works has two survey crews ,
each consisting of a three-man party. The City Manager stated that they do street
and drainage survey work. Ernest Lillard explained that they do grade control
alignment, also subdivision control and investigative design. These two survey
crews have a backlog, except in winter months when construction has slowed down.
Alderman Morris asked if we could hire better or more crews ourselves, and get
the same amount of work done instead of hiring engineering crews for each job?
Ernest Lillard stated if we could hire qualified people, yes , but it takes many years
to train these investigative crews. From the standpoint of engineers, it is very
difficult for us to obtain them. Salary is a factor. It is not competitive with a
lot of beginning salaries. No one is competitive with the energy companies. Municipal
work is not one of the more attractive positions to a new engineer. They can do the
work, but he is not sure they can gear up and get the staff together in a timely
fashion. You also have to consider what would these people be doing when capital
programs are no longer needed. They try to keep a staff to keep them busy day after
day and year after year.
RESOLUTION NO. 75-82
RESOLUTION APPROVING THE ENGINEERING FIRM OF CORLETT, PROBST, AND
BOYD FOR ENGINEERING SERVICES FOR SANITARY SEWER IMPROVEMENTS ALONG
U.S. HIGHWAY 277 AND WEST ALONG DRAINAGE EASEMENT IN UNIVERSITY
PARK AREA.
WHEREAS, the City of Wichita Falls proposes to construct sanitary sewer improvements
along U.S. Highway 277, and West along a drainage easement in the University Park area;
and,
WHEREAS, the City wishes to employ the firm of Corlett, Probst, and Boyd to provide
engineering services for these improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
The firm of Corlett, Probst, and Boyd has agreed to provide engineering services
according to the attached agreementat such fee as stipulated by Curve A on the attach-
ment taken from the Texas Society of Professional Engineers General Engineering Services
Publication. The agreement is hereby accepted and the City Manager is authorized to
execute the agreement for the City of Wichita Falls.
Moved by Alderman Russell that Resolution No. 75-82 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris and Boston
Nays: None (Alderman Shearman was out of the room. )
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Item 11b
A proposed resolution was presented authorizing the City Manager to execute the
required contracts , agreements, and certifications for the joint certification package
for urban transportation planning.
Alderman Morris asked what we are authorizing the City Manager to execute? Roger
McKinning, Director of Planning, mentioned the equal employment opportunity plan, clean
air certification, etc. No money is being spent. Any money spent will have to go
through normal channels of awarding bids, etc.
335
Item 11b, cont'd.
The
Mayor Cook questioned some of the items listed in the proposed program.
City Manager stated that you over-program these things. Mayor Cook confirmed that
they will be based on needs and availability, and will come back to the Council
for approval .
RESOLUTION NO. 76-82
A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR
URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS AND CERTIFICATIONS. ired for:
WHEREAS, in the Wichita Falls area Federal assistance may be req unce for public
(1) street and highway construction, (2) capital and operating assista
mass transportation, and (3) transportation planning; and,
WHEREAS, Joint Certification of Urban Trans portation Planning Process by the
ministration (FHWA) and Urban Mass Transportation Administration
Federal Highway Ad ederal capital , operating and planning assistance; and�
(UMTA) is prerequisite for F juires endorsement by the
WHEREAS, the Joint Certification process re( ST2rLa� Improvement
Metropolitan Planning Organ zation (MpO) of the Tram
ified Wor�_PrOgram; and,
with Annual Element, and the ��n signated on June 2, 1981
EE29s� ichita Falls, Texas has been de is urbanized area; andq
WHEREAS, the City Of W' Organization for the Wichita Fal
as the MetrOPOlitan Planning ted the designation. OF WICHITA
WHEREAS, the City Of W ichita Falls has accep CITY
RESOLVED By THE BOARD OF ALDERMEN OF THE Process
NOW THEREFORE, BE IT insportation planning
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FALLS, E 4ing documents nt with the
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Moved bY AlderMar, Neso7ution No cne grant agreernent and a 77
Motion seconded by 78-82 be Passed.
erman Morris, and carried by the fO770wing vote.
336
Item 11c, cont'd.
Mayor Cook noted that $8000 seems like a lot to tell them what we have, and
listen to the Public three times. Roger McKinney stated that inventories hav,
completed. He will also have to look at the physical facilities . They
the consultant to attend the public hearings. Mayor Cook stated thp,
are hiring a professional landscape architect.
Alderman Shearman asked if it would be feasible f-
work together on a project, and save money? Roap--
what they are doing. This project involves
Alderman Wilson asked if the
these figures? The City Manan-
Alderman Hamptor
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opose .�,
N PIC t-a-rl\ beCooe
"10k Coo be-f 9 AAS to
On 'Oece &'�VL
S
-�) '(S.
ce t�\e POO, pel
I 13� seVv Or a esel(\
e C r se ry Ce ta'rl stigation,
J Or '(\uar toV �nve
I e0s j� and 3a
h �y�-Ns s tar A 92)?. jar- tudJ o'f a
t J aCtOV dated A ros s
anuary a �ue t\,\e'f uire
jueA Cos 3 n "o. opose J Or �uy, req
e��er-ti\4e vesoAut-%() \\ PIC 2 be
for '\ (), SUC 1-3, ongel' tA%e Ace COXQ
by ratAo\ 3anuar'
oe Ope �ter r A ng" and a er . Sery
ended t and a r \\ea C
SqS9 aaJ, /,as
A "Z13 dence an )ar a O� NA ae-r0en provided Je C111 �V
W17 � e\J i V t)Re b(. and, )Ras been 16 Of
IN -?:ENS 1 nati Of\') y-esOA utA on erat'o Ce
1\1 t\\A S op e'rvi
WHERE, �jnaA deter\ of Nct, the *I oC ty'l C S 13,
Wichi ta Fa I \�\AE�Rv NS, a COPY ��Soo�:'D uA Wry Jeyas U-Jr.. �Aay
BV- ?,e 9 19,31 by days ar A V\9-
J\�Vgo��' cember 9� f thA-ftJ bA A c y\e
ic
WHEREAS, �jAled on De a and P\1
-�NS' 66A ti On evidence
e7ement in thE V NVA-S, "E tar i��. ti On Of
43�d) � the ?UbA A period 0
to sectiol r an a ta
t actor ded io sen
WHEREAS Vurs d �\IeA Cos e)�tey) pre
Recre uant be passed.
ation SJ ropose \,,,t\\er ga Qte.
ervi, t\-\e . t\ereby study 5 investA on m-
in WHEREAS, company Is ,urther that ?,esOluti the fOlAO*inq lAorris and
the deVe7 the 1'qS2 f or , and carried by �Wson'
OPMent NA derman p
FALL NOW3 �Aov ed by NAderman Boston' �Aa%PtOn' \usseAl
3 "EXAS, seconded by
S THERErORC Shearman,
The C- THA T: tAayOr COOV" NI ler\neyl
Dahlberg 'ty /qanager Nyes' Boston
and OPen 3 and . jAone applicable to
SPace Partne "ays- policies
Plan rs'
7n at, ution estabA' ing
osed reso d advisory groups. ocOng up and fAA notes
held On a Propsionsq an nf OrMal
coomi s ble, \0th or by an
,,scussion \Na boards, lot of trou e,
t to city s a telephO"
,time" hat thA s 1,m to aPP�y by tic. need �qhen
aPPO' stated t the s tureaucra on you - formatiOn'
)on allO\4 . method 1
P'Aderiman \Ails�ou" t thi s f in
5t as s' 0 bits 0
ft W)UA d �Ae stated tha mum bits f "formatl
forms. Other \,4ay- e are IM111' some stanlarl
or some stated that they \Ae need to get teers for the Clean
NIderman "amPto ant for a board. advertised for VOILI"' the City
ring an aPPIA 5tated that they
coyis i de �r Stuart Bach ' comission As very representative Of
City Manage and that 80-82
community Commission, 10 Appol"Mms �O Cl��
[S Nmlcn�
ZS��BLIS"ING POLIC'R� Gp\OUPS. provide
RESOLUT101 S 0 ADVISO ita Valls \1jishes t0ons and
BoAns, COWISSION A" n of the City O� \AAChty boards, comissi
)4�Ep'f the Board of Alderme to participate On
AS,tunities for Citizens
greater oppor and,
Other advisory bodies;
339
,If 13 cont'd. lita Falls wishes to establish
eM an of the City Of W'c�citizen participation on its
Alderme
the Board Of representative and5
WHEREAS, for encouraging - ry bodies; �ncourage
system or methodology Ons and other advisO hita Falls wants to e ion and
a commIssi Ci ty Of W ic rd, cOmn'Iss
various boards, of Aldermen of the ts aPPOi ntees in boa F WICV11TA
WH,?'F-AS, the Board tive involvement Of 1 ti OF THE CJT� 0
d construc OERM
the active an
advisory group business. VEO 5� THE j3OARg OF AL
NOW, THEREFORE, BE IT RESOL ity boards, commissions and advisory
FALLS, TEM 5 THAT* icy shall apPly to all
The following Pol hall be
ry groups s prior
nincls. d advisO, 60 days
0 e .,,ions an 30 to Sing the
groups'. and comml for from th appri tive to
,ncle-
vac""- boards5 other means Along w1ation rel%orY grouP
on City - and by filled. I inforT or adv'1
�ublli�c' ngs t di tiona Mmission
media be
Mus j,gs, ad d CO
and oppen' the news . opening ar
ancAeS through v cancy 0 'es and open fected bo
0 Cized a of the af
li that a vacanc' grouP
tiMe Of such .,jtjeS isory
t e blic 115i b1 co ission or adV
ene,al Y" d reSPO Mo
es a ed. city board'
t e dutl Ovid
s e P oilltoent to a advisory
tiolls tj on Or
J� L,\"- see� aV \1 -La ssjon
0"Mi�n�a to \J'ro\�g Or or 9 C00i
-0- Y\i ng t
V41 5 idefed -1 croup -ti 'Boa 01 P11 dey'Men
ti Of\ A oca V wo te 6 Cl \jided
Ve-fso'os so Coll$ a jel bodi es ty\e ?ioard Pf 0
0al be "0001 Ila .of� w the ai 0� Or OS �jest
dat' t\)ose agey' eMbe*f at�01\ req
Se .oj\ bj �AV 0
I. &tl A-\C
339
Item 11f, cont'd.
WHEREAS, the Board of Aldermen of the City of Wichita Falls wishes to establish
a system or methodology for encouraging representative citizen participation on its
various boards, commissions and other advisory bodies; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls wants to encourage
the active and constructive involvement of its appointees in board, commission and
advisory groups business.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The following policy shall apply to all City boards, commissions and advisory
groups :
Publicizing Vacancies and Openings
Vacancies and openings on City boards , commissions and advisory groups shall be
publicized through the news media and by other means for from 30 to 60 days prior
to the time that a vacancy or opening must be filled. Along with apprising the
general public of such vacancies and openingsadditional information relative to
the duties and responsibilities of the affected board, commission or advisory group
shall be provided.
Nominations
Persons wishing to seek appointment to a City board, commission or advisory group
may be so considered through:
1. Self-nomination
2. Recommendation by a local group or organization
3. Recommendation by the affected City Board, commission or advisory
group or any member of those bodies
4. Recommendation by the City Manager
5. Recommendation by the Mayor or any member of the Board of Aldermen
6. Nomination or recommendation by other means
All nominations and recommendations shall be submitted on application forms provided
by the City and must be received within announced acceptance dates. Upon request,
assistance will be provided in completing application forms.
Nomination does not guarantee appointment. Appointment authority rests with the
Mayor and Board of Aldermen as prescribed by resolution, ordinance or other applicable
statue or enactment.
Appointment
In making appointments to City boards , commissions and advisory groups, the Mayor
and Board of Aldermen shall :
1. Consider the interests, experience, knowledge, talents, abilities
and other qualities and qualifications of nominees for the vacancies
or openings to be filled; and
2. Attempt to make such appointments as will make the City's boards,
commissions and advisory groups representative of all segments and
elements of the populace of the City of Wichita Falls; and
3. Make appointments without regards to race, color, religion, age,
sex or national origin.
Appointee Oath
At the first board, commission or advisory group meeting attended subsequent to
acceptance of appointment, an oath to serve the public's best interests shall be
administered to new appointees. The oath shall be administered by either the
Board of Aldermen liaison or City staff representative assigned to the respective
board, commission or advisory group.
Attendance
Appointment to a City board, commission or advisory group carries with it the
responsibility and obligation to attend and participate in meetings. Those
340
Item Ilf, cont'd.
appointees who miss three (3) consecutive meetings without good cause or who attend
so infrequently as to indicate a lack of interest in or inability to serve on a
particular board, commission or advisory group may be replaced by the Mayor and
Board of Aldermen.
Terms of Appointment
Unless waived by the Mayor and Board of Aldermen, no appointee shall serve more than
six (6) consecutive years on a particular board, commission or advisory group. The
intent of this policy is to afford greater opportunities for citizens to participate
on City boards, commissions and advisory gorups and to periodically infuse those
bodies with fresh ideas and thinking. Consideration may be given to re-appointment
of a former appointee (who has already served six consecutive years) upon expiration
of a period of time equal to one full term on the pertinent board, commission or
advisory group.
Administrative Procedures
The City Manager is hereby authorized to prepare and implement such forms, procedures
and other instruments as are deemed necessary to carry out the policies set forth
herein.
Moved by Alderman Shearman that Resolution No. 80-82 be passed.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
- - - - - - - - - -
Item 12a
Discussion was held on bids for a high pressure sewer cleaner. Three bids were
received; however, none of the bidders met specifications. It was recommended that
all bids be rejected, and that permission be granted to re-advertise for bids.
Alderman Morris asked if the exceptions were noted on the bid form? Joe Smith,
Director of Public Utilities, stated that they were. He felt they did not meet
specifications because of the exceptions.
City Attorney H. P. Hodge, Jr. stated that exceptions always bother him. They
all have to bid on the same basis. The law, as he understands it, says that the
Board of Aldermen has the authority to waive minor exceptions to the specifications.
When it goes beyond that, and they bid on something entirely different, they have not
met the specifications, and it is not competitive bidding when they do. In this
particular situation some of the specifications required the low bidder to bid
certain things, and they bid something entirely different. Their feeling was that
their piece of equipment does as good or better a job than the one we specified. He
believes that we have a legal problem. You cannot accept a bid that does not meet
specifications or come close to specifications, and make a waiver.
Phil Stine appeared as Sales Manager for Naylor Supply Company. He stated that
he took six exceptions. They ran tests for two days. Their machine did as good as
the competitive machine. He stated that they can do the job which the machine was
intended to be purchased for.
Alderman Wilson asked about the machines. Joe Smith, Director of Public Utilities,
stated that as far as the two machines, they could find no difference.
Even though the Camel may have done as good or better than the other, City Attorney
H. P. Hodge, Jr. stated that it seems Mr. Stine is telling us what we need, and that is
not the way it works. We tell them what we need. There are different ways to write
specifications -- design and performance. If we wrote the specifications for performance
only, that would be one thing, but he does not believe we wrote the specifications that
way.
341
Item 12a, cont'd.
Wallace Coats appeared as Sales Manager for Environmental Sales and Service.
He stated that there are over 100 of these Vactor machines in service in Texas
municipalities. His competitor has none in Texas. He stated that their equipment
is proven. Two engines are needed on this equipment bacause of the horsepower
rating. He went over the specifications. He stated that there is a reason for
the specifications, and he appreciates the City Attorney spelling them out. He
stated that he has not taken exceptions on this bid. He has met and exceeded
all specifications , and he deserves the business. It was noted that he did in
fact take exception on the gross vehicle weight and rear axle.
Alderman Morris asked City Attorney H. P. Hodge if he is saying that they
would have legal problems if they accept either bid? The City Attorney stated
that the rear axle is close enough to waive that exception. As a legal proposition,
he would not say they could not accept that bid. He would say that on a legal
proposition they could not accpet the Camel bid. He based his recommendation on
rejecting the Camel because it does not meet specifications. On the Vactor, he
has a problem that you have specifications that spec-out the Camel , and you do
not have competitive bidding when you do that. The specifications did not give
Camel a fair shot at the bids. It appears that you almost have to reject all
bids. This is one, he feels , which goes beyond their discretion. This is set
up for the benefit of the taxpayers.
Wallace Coats stated that there are a number of cities in Texas which have
written specifications just like they have. He noted that you have to write
specifications. Mr. Coats asked Brent Proffitt if the Camel engine got hot?
Mr. Proffitt stated that for a Ford engine, it was not hot. Mr. Coats also asked
if it boiled the antifreeze out? (He had maintained earlier that it did. ) Mr.
Proffitt stated that it did not. Mr. Coats maintained that he deserves the bid.
Moved by Alderman Shearman that we reject all bids.
Motion seconded by Alderman Wilson, and carried by the following vote.
Ayes : Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris, and Boston
Nays: None (Alderman Russell was out of the room. )
Moved by Alderman Hampton that we rewrite the specifications, and re-advertise
for bids.
Motion seconded by Alderman Shearman.
Paul Varjeco, of Super Products in Milwaukee, Wisconsin, wondered who in the
City is qualified enough to write a specification on how a vacuum cleaner is
constructed? He does not feel there are enough capable people in the city to
write the specifications needed.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris , and Boston
Nays: None (Alderman Russell was out of the room. )
- - - - - - - - - -
Item 13a
Ray Wilkins, partner in the firm of Ernst and Whinney Independent Auditors,
presented the annual financial report for the fiscal year which ended on September
30, 1981.
Mr. Wilkins stated that this may be quite a landmark because for several
years the auditors ' opinions were qualified on the fixed assets of the water and
sewer fund, and the general fixed assets of the City. Starting with the year 1980
the city started documentation to remove the qualification of these accounts. The
qualification was lifted in 1981 on the general fixed assets. It is a clean opinion.
It is something that adds to the City's financial appearance.
An examination has been completed of the City's financial records. It does
not necessarily disclose all the weaknesses in the system, but there is a somewhat
clean opinion on this, too. There is also a clean opinion on grants. The reason
they are here in May 1982 is that they have dated their report January 8, except
that they were waiting for the outside appraisal people, and it was a good wait.
Qualifications have been lifted, and clean opinions rendered.
342
Item 13a, cont'd.
Mayor Cook stated that they appreciate the work done, and the opinion rendered.
The Council and staff are commended for getting us to this point.
Moved by Alderman Hampton that the annual financial report be accepted.
Motion seconded by Alderman Morris, and carried unanimously.
- - - - - - - - - -
Item 13b
Sam Francis, 1006 Austin, stated that he has been having trouble with the post
office. The man who has the contract with the post office for carrying mail leaves
his trucks parked in front of his house 24 hours a day.
City Attorney H. P. Hodge stated that he knows of no reason that they cannot
park there 24 hours a day.
Mr. Francis also asked if the City owns the property at 1103, 1105, and 1107
Indiana? There seemed to be a problem with a sign possibly being posted on public
right-of-way.
Mayor Cook stated they will look into the matter, and ask the staff to get
back with him.
- - - - - - - - - -
The Board of Aldermen adjourned at 12:00 P.M.
PASSED AND APPROVED this Ir7e/-'day of 1982.
Mayor
ATTEST:
/A
City Clerk
1�'OR ENGINEERING S-ERVICI-Is
THIS AGREENiENT made this the '1Z day of 1982,
royllafter called the oj��\T-R and
by and between the Cit-y of J�ichita-Falls, Texas, lie NTER:
Corlett7 Probst "' Boyd, Inc . , hereinafter called the ENGI'
j*jERF-AS the 01\NER intends to construct Sewer System Improvements along U.S. Hwy-
No. 277 between Fairway Boulevard and Allendale Road, and intends to construct
another sewer line West from Fairway Boulevard along a drainage easement through
University ParR:
iRE THIS AGREDENT 1VIPTSSLn1: That for and in consideration of the
NOW, THEREFC , it is hereby agreed that
mutual covenants and promises between the parties hereto,
the ENGINEER shall furnish engineering services to include the following:
(1) He will conduct preliminary investigations, including general
studies of the subsurface conditions and routing.
(2) He will prepare preliminary plans and an estimate of the cost.
(3) He will conduct the necessary 'design surveys, metes and bounds
surveys for legal description of required rights-of-way, and
prepare detailed plans, after approval of Preliminary Plans by
the OWNER.
(4) He will prepare contract documents which will include a construction
contract, advertisement for bids, a general contract, notice of
award, payment and performance bonds and specifications.
(S) He will provide the necessary copies of the detailed plans and
specifications and the construction contracts for the use of the
OWNER, bidders and contractors.
(6) He will assist the OWNER, when requested, in negotiating for
property easements or rights-of-way required to construct the
facility, and he will assist the OWNER's attorney in procuring
titles, rights and authorizations. .
(7) He will arrange for, attend and conduct the bid openings and
tabulate the bid proposals with recommendations and summaries
to the OMER.
(8) He will interpret the intent of the plans and specifications to
protect the OWNER against defects and deficiencies in construction
on the part of the contractors. He will not, however, guarantee
the performance by any contractor.
(9) He will provide general engineering inspection of the work of the
contractors as construction progresses. Detailed construction
inspection and supervision will not be furnished.
(10) He will prepare estimates for progress and final payments.
(11) He 1�ill su, ,to ost�; to confirm compliancc with
dei_�_iso adequ, L -Uld
5\'stoln Oporating rcquirements -Uld confol.T.,�anco with plans
spccifications alicl ,,iako a fii.�al inspection of Lill construction
1
mid oquipment and issue cert ilic',It 101, Of final inspection to
tho 0�1-11z.
(12) He will provide the OWNER with (1) set of rcproducible "as built"
plans and (2) sets of prints on paper at no cost to the OWNER.
(13) He will notify appropriate persons of the date and time of
final inspection.
The OWNER agrees to pay the ENGIN-EER as compensation for hi s services rendered a
nstruction contracts and the percentage arrived at
fee based on the total of all co
by using Curve A on the attachment taken from the Texas Society of Professional
Enaineers General Engineering Services Publication. Percentages for compensation
shall be based on construction costs, payable as follows:
1. 80% of the total compensation upon awarding of the construction contracts.
2. 200 upon completion of the construction contracts and acceptance by the
OWNER.
Total compensation for Engineer's services shall not exceed $40,260.00
IN WITNESS Id-EREOF, the parties hereby have affixed their hands this day of
1982.
ATTEST: OWNER: The City of Wichita Falls, Texas
B
Y
Wilina J. Thomas, City Clerk
ATTEST: ENGINEER: Corlett, Probst Boyd, Inc.
T,Z�a C�. a' By: a g 2,, _4 L.-�
Richard K. Boyd, y A. E. Probst, i-F. , Vice-President.
Curves of IMedia-il Compensation
CURVES A AND B
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IN3083d-398VHO OISVEI
w
0
Curve A is intended to apply to assignments of which the following are
typical examples:
Water, sewage and industrial waste treatment plants
Low cost, Or complicated, waterfront and marine terminal facilities
Complicated dams and hydro-power installations
Small bridges and bridges which are complicated by involved geo-
metrics and unsymmetrical features, or which require location
andlor alternate design studies
Grade crossing eliminations
Urban streets and freeways, including related drainage facilities
Water distribution lines under 16-inch diameter
Sanitary sewage collect ion lines under 24-inch diameter
pumping stations
Air pressure tunnels
Swimming pools
Foundations
Curve B is intended to apply to less complicated assignments of which
the following are examples:
Large intercepting and relief sewers
Storm sewers and drains
Sanitary sewage collection lines 24-inch diameter and over
Water distribution lines 16-inch diameter and over '
Simple bridges and other structures of straightforward or conven-
tional design
Dams of average complexity
Airport paving and grading
Irrigaf ion works, except pumping plants
Railways
Levees and flood walls, conventional
Sewer and water funnels (free air)
Earthwork and dredging
Highways and rural roads, except low-cost rural roads
High-cost wharf facilities of conventional design
Retaining walls and bulkheads, conventional
P.D E R C--)'�l RACI Up
V I ELL) Ll
00CUMEN7 01 OTHM
1'1'( )IECl: Bellevue Park (11ANGE ORDER NU%iBEP # 2
III-1-n c. '�d�i;('"s)
TO (owner)
ARCH I TECT'S PROJECT NO: B78-79-80-81
F— Cit of Wichita Falls CONTRACT FOR: MC48-0030
ParL & Recretion Dept.
P. 0. Box 1431
Wichita Fallsp Texas 76307 CONTRACT DATE: 3-2-82
The following changes are Corner B - Labor and
Material on changing grade and length of ramps
and changing center ramp to 61 width.
$lt560.00
211,905-00
740.o6
212,645.o6
Uc Con!T'!�i i—Tf-
Jjje C0[l',rJCt 'SLIM % OM r (".xxxx; by this change Orde� . 19560.00
The ncw ( ontract Sum including tlij� Or,der v.,iil I I)(, . I. . . . . . . . 2149205.06
The Contract Time %%ill be ((�(.XXMX(unchanj:�,d) by Days.
The Date of Complelion of tile dte of this ChaniT Ordle, therefore is
C. D. Graham Constr.- Co. ......
k boro Hwy. OWNER
AR( HITECT
6T a c s
Addres
Address Addrf,��
Wichita Falls , Texas
BY
BY-z- /a -
j:_Z� - --
DATE DATE Aprj 1-209 1982
L]
C U T K,'�CT 0 P �(l
0 RD ER F ILLP F1
AIA DOCUMNT G701 OTHIP,
PPO)ECT: Bellevue Park CHANGE ORDFR NUMBER: # 1
iltvm�. addre,�)
-10 (Owner)
ARCHITECT'S PROJECT NO: B78-79-80-81
F-city of Wichita Falls MC48-0030
Parks & Recretion Dept. CONIRACT FOR:
P. 0. Box 1431
L Wichita Fallsp Texas 76307 C()NIRACT DATE 3-2-82
The following changes are:
Jack Peirce Electric (Copy enclosed) $616-72
Plus 20% Overhead & Profit 123-34
$740-06
T hc 211,905-00
2llv905-OO
u!(i( r v,a�
-The
The Cont�act Sm-n \-A! by thi� Change Order . . . $ 740.06
Tile ne�\ Conlrlct Sum mcludin-, this Chative Order N.,ill k! . . . . . . . . . . . $ 212t645.06
The Con1rict Tirm, v,ill be rgN�NPN) Pay4NX-4)") (Unchanged) by Days.
The Date of cornpIctiona, of the date of this Change Order therefore is
C.D. Graham Constr. Co.
ACT )R
ARCHIJECI Ecksborc, Hwv.
2 ---------
Address Address Address
Wi_chita_._T!4q)��,-?__Texas
Y--/
_: --- By
B Y
BY
DATE ---DATE April 20, 1.982 DATE
I A r,-
JACK, PEIRCE EL E C T R I C
PHONE (817) 322-1812 1901 TENTH STREET, ROOM 112 WICHITA FALLS, TEXAS 76301
April 9, 1982
C. D. Graham Construction Co. re: Believue Park
5202 jacksboro Hwy
Wichita Falls, Texas 76302
Gentlemen:
We propose to add 2 walk fixtures, 2 weatherproof receptacles and 120V circuit
and stub out at pole *3 or circuit CR6 for the sum of $ 616. 72 1
Material Price 1hal;or Price
10 3/4" PVC 22. 27c 2. 23 6. 00 . 60
2 3/4" PVC Elbow W/Coup. 79. 00c 1. 58 30.00 . 60
3 3/4" PVC Adapter 33. 00c . 99 7.00 . 21
1060 ' $10 Copper Wire 69. 52m 73. 69 7. 60m. 8.06
2 W.P. Duplex Recpt. W/cover 7. 50@ 15. 00 1. 20@ 2.40
2 Walk Lights 56. 00@ 112. 00 J.'50@ 3.00
205. 49 14. 86
Material 205. 49
Labor 14, 86.@ 13. 10 194. 67
Labor 3. 72@ 14. 15 52. 64
Labor Fringes 56. 88
509. 68
Plus 10% Overhead 50. 97
Plus 10% Profit 56. 07
Total $616. 72
Thank you ,,
Jack Peirce
JP/ap
(7 0 N -,T P I I (-T I to I �I rT A I I AT I ("N P0