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Min 05/28/1982 357 Wichita Falls , Texas Memorial Auditorium Building May 28, 1982 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas met in called 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, Jr. Carol G. Russell (Late Arrival ) Aldermen Craig Wilson Horace 0. Boston (Late Arrival ) Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Cecilia Murdock Asst. City Clerk Fred Werner Chief Accounting Officer Howard Morris Absent -- — — — — — — — — The invocation was given by Craig Wilson. - - - - - - - - - - Item 3a City Manager, Stuart Bach, explained that the proposed resolution would provide for the residents living on Ft. Worth Street between Holliday Creek and Perigo Street suitable access, and improvements to be made to Perigo Street between East Scott and Ft. Worth. RESOLUTION NO. 92-82 RESOLUTION APPROVING AND AUTHORIZING ADVERTISING FOR BIDS FOR THE REMOVAL OF THE FORT WORTH STREET BRIDGE AT HOLLIDAY CREEK AND THE CONSTRUCTION OF CUL-DE-SAC IMPROVEMENTS ON FORT WORTH STREET AND IMPROVEMENTS TO PERIGO STREET. WHEREAS, the removal of the Fort Worth Street bridge over Holliday Creek is one of the actions recommended by the Corps of Engineers ' Lake Wichita-Holliday Creek Flood Control Project, as the present bridae structure is undersized and serves to impeded flow and backup flood waters, thus contributing to upstream flooding; and, WHEREAS, if such bridge is removed, then in order that the residents living along the section of Fort Worth Street between Holliday Creek and Perigo Street will be afforded suitable access, it is advisable to improve Perigo Street between East Scott and Fort Worth Street, and to construct cul-de-sac improvements on Fort Worth Street. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The removal of the Fort Worth Street bridge over Holliday Creek and the con- struction of cul-de-sac improvements on Fort Worth Street and improvements on Perigo Street are all hereby approved, and the City Manager is authorized to advertise for bids for such projects. Moved by Alderman Shearman that Resolution No. 92-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, and Wilson Nays: None - - - - - - - - - - 358 Item 3b City Manager, Stuart Bach, explained that the proposed resolution for improvements to Underwood Street would provide needed access to residents living along Olen and White Streets; and that an extension to White Street would provide a more convenient route to Jacksboro Highway than presently exists. RESOLUTION NO. 93-82 RESOLUTION APPROVING AND AUTHORIZING ADVERTISING FOR BIDS FOR THE REMOVAL OF THE CALIFORNIA STREET BRIDGE AT HOLLIDAY CREEK, THE CONSTRUCTION OF AN EXTENSION OF WHITE STREET BETWEEN CALIFORNIA STREET AND OLD JACKSBORO HIGHWAY, AND IMPROVEMENTS TO A PORTION OF UNDERWOOD STREET. WHEREAS, the Corps of Engineers ' Lake Wichita-Holliday Creek Flood Control Project recommends the removal of the California Street bridge over Holliday Creek as a measure which will facilitate flow of flood waters; and, WHEREAS, if this bridge is removed, then in order to provide needed access to residents living along Olen and White Streets, it is advisable that improvements be made to Underwood Street, and that an extension to White Street (between California Street and Old Jacksboro Highway) be constructed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The removal of the California Street bridge over Holliday Creek, the improvements to Underwood Street, and the construction of the extension to White Street are all hereby approved, and the City Manager is hereby authorized to advertise for bids for such projects. Moved by Alderman Shearman that Resolution No. 93-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, and Wilson Nays: None - - - - - - - - - - Item 3c A proposed resolution approving and authorizing the acquisition of needed right- of-way for a proposed extension of White Street between California Street and Old Jacksboro Highway was presented. RESOLUTION NO. 94-82 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, AND APPROVING AND AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION NEEDED RIGHT-OF-WAY FOR A PROPOSED EXTENSION OF WHITE STREET BETWEEN CALIFORNIA STREET AND OLD JACKSBORO HIGHWAY. WHEREAS, it has been decided to remove the California Street bridge over Holliday Creek in order to facilitate the flow of flood waters; in order to provide needed access to residents living along Olen and White Streets, it is necessary to extend White Street between California Street and Old Jacksboro Highway. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is necessary to acquire fee simple title to a tract of land for street right-of-way for such proposed White Street extension between California Street and Old Jacksboro Highway. Such tract shall be 50 feet wide, and its exact conformation and location shall be determined by the City Manager. SECTION 2. The City Manager is authorized to employ a qualified appraiser to appraise suc ract, and is authorized to purchase such tract in the name of the City of Wichita Falls for the amount of the appraisal . He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such tract for more than the amount of the appraisal in order to save the estimated cost of condemnation. 359 Item 3c, cont'd. SECTION 3. In the event the City Manager is unable to purchase such tract for such approved price, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls, Texas. Moved by Alderman Shearman that Resolution No. 94-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, and Wilson Nays : None - - - - - - - - - - Item 3d Alderman Shearman addressed Ernest Lillard, Director of Public Works, as to the feasibility of changing the Creek at the mouth of the Wichita River so it will flow with the River. After discussing what a contractor's concept might be, Ernest Lillard stated that he has not done much work with banks or river streams, that he prefers to rely on the contractor's expertise. It was indicated that the Corps has volunteered to assist. Mayor Cook briefed Aldermen Russell and Boston that Items 3a, 3b, and 3c have been passed and that the Council is currently discussing Item 3d, Resolution No. 95-82. RESOLUTION NO. 95-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE CLEANING AND CLEARING OF CERTAIN SECTIONS OF HOLLIDAY CREEK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and concerning the cleaning and clearing of certafn-sections of Holliday Creek i ichita Falls to encompass those parts between Harding Street and the Wichita River and between Midwestern Parkway and Lake Park Drive south of Southwest Parkway, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Shearman that Resolution No. 95-82 be passed. Motion seconded by Alderman Wilson, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, and Boston Nays: None - - - - - - - - - - Item 4a - b The Board of Aldermen recessed at 8:50 A.M. for an executive session on Flood Control Task Force appointments. Prior to the reconvention, Alderman Russell excused herself from the meeting. The meeting reconvened at 10:00 A.M. Alderman Hampton proposed to move that we appoint the Flood Control Task Force with membership from the following: Membership Type Number City Council member 2 Planning Board member I North Central Texas Chapter, Texas Society of Professional Engineers (TSPE) 1 Builder/Developer 1 Texas Department of Highways and Public Transportation 1 Architect 2 360 Item 4a - b, cont'd. Membership Type Number Citizens: Eastside 1 Colonial Park I Holliday Creek 2 Meadowlake Addition 1 Faith Village 1 Plum Creek 1 Club View/Park Place 1 16 Advisory Members City Manager City Attorney Public Works Director Planning Director Parks and Recreation Director Public Utilities Director Corps of Engineers representative Parks Plan consultant representative Sheppard Air Force Base representative County Judge representative 10 Legislative Advisors Representatives from our Federal and State Legislative delegations 6 Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, and Boston Nays: None Alderman Hampton moved to appoint the following people to fill the various positions on the Flood Control Task Force. City Council members John 14. Hampton, Jr. and Craig Wilson (Chairman) Planning Board member Larry Garner North Central Texas Chapter, Texas Society of Professional Engineers (TSPE) - Don Johnston Builder/Developer - Bob Seabury Texas Department of Highways and Public Transportation - Jim Stacks Architects - Jim Killebrew & Charles Harper Citizens : Eastside - Rev. Billy Delaney Colonial Park Peyton Carnes Holliday Creek Marion Bowling and Gene Shearman Meadowlake Addition - Don Williams Faith Village - Ben Whitaker Plum Creek - Evelyn Kinkead Club View/Park Place - Johnny Watson Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, and Boston Nays: None - - - - - - - - - - The Board of Aldermen adjourned at 10:05 A.M. PASSED AND APPROVED this day of 1982. '"ayor ATTEST: City Clerk This contract , made and entered into this the 25th day of May , 1982 , by and between Go City of Wichita Falls , Texas , hereinafter called "City" , and hereinafter called "Contractor" , WITNESSETH : For and in consideration of the mutual covenants herein contained , the parties hereto do hereby agree as follows : I . Contractor shall perform clearing and cleanup work on Holliday Creek in Wichita Falls at the locations designated by City . 2 . City shall pay Contractor at the rate of $ per hour for each hour , or fraction thereof , that the American 4120 dragline actually performs work on this project . City shall pay Contrnctor at the rate of $ per hour for each hour , or fraction thereof , that the Car D- 5 dozer (or equal ) is used on this project , such time Lo be computed on a portal-to- portal basis . 3 . This contract shall have a minimum term of one week, and the total consideration paid by City to Contractor for such first week shall not exceed the sum of $ ThereaFter , V the amount and quality of the work accomplished is determined to he satisfactory by the Public Works Department , the work shall continue on a dav-Lo-dny basis at the above hourly rates ; provided , however , the maximum amount which shall be paid by the City to Contractor under this contract shall be the sum of $ 4 . Cont-racror shnIt nor be required to haul off the cleared debris . It will be knocked down by Contractor and levelled as directed by City ' s Department of Public Works . 5 . Billings will he suhmiuved mnnrhty by Contractor to City , and same shall he due and payable in Oil or before the tOth of the following Month . P�I e_3 --0 f —4 Pages Agenda Item No. 3.d. 6 . Connacror shall Furnish kn City certificates of insurance showinv that in carries a minimum of public hiabtlKy insurance of MONO and For bodily injury and $'LO'LN fo r property damage . 7 . Notwithstanding Lhe other provisions contained herein , nUer the end of the first week , either City or Contractor shall have rh& right to skop the work and cancel thexonLrnct nQ the end of MY day . IN WITNESS WHEREOF , the parties hereto have caused these presents to be eNecuLcd as of the day and year first set Out above. CITY OF WICHITA FALLS , TEXAS B Y Stuart A. Bach , City Manager ATTEST : City Clerk By : 11,,i j�e of 4 Pages Agenda Item—N6. —3.d.