Min 08/03/1982 399
Wichita Falls, Texas
Memorial Auditorium Building
August 3, 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
mRoom
o fpthe
Memorial Auditorium Building
at 8:30 o'clock A.M. with the following
Gary D. Cook Mayor
Gene Shearman
John W. Hampton Aldermen
Carol G. Russell
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
The invocation was given by Bob Sturgeon, Hillcrest Baptist Church.
Item 3
Moved by Alderman Wilson that minutes of the meeting held July 20, 1982, be
approved.
Motion seconded by Alderman Morris, and carried unanimously.
Items 4a - 6a
Moved by Alderman Hampton that the Consent Agenda be approved.
Motion seconded by Alderman Boston.
Item 4a
ORDINANCE NO. 74-82
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A SEVENTEEN AND
ONE HALF (17.5) FOOT UTILITY EASEMENT ON THE COMMON LOT LINE
BETWEEN LOT ,THE BLOCK
CITY40F AND
ICHLOT
ITAIFABL LOCK
TEXASMIDWESTERN PARK,
AN ADDITION TO
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 4b
ORDINANCE NO. 75-82
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20)
FOOT WIDE EAST-WEST ALLEY IN BLOCK 21 OF THE SCOTLAND
ADDITION TO THE CITY OF WICHITA FALLS, TEXAS.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 5a
RESOLUTION NO. 122-82
RESOLUACCEPTING APPROVING CONSTRUCTIONHOFGTHERDER NO.SSCOTLANDI, FINAL INTERCEPTORISEWER LINE.
ACCEPT
400
Item 5a, cont'd.
WHEREAS, the City of Wichita Falls and Brown and Cris, Inc. , as contractor,
entered into a contract in September, 1981, wherein said contractor agreed to
construct the Scotland Interceptor Sewer Line; and,
WHEREAS, Change Order #1 with zero dollars net increase in the contract is
necessary to balance the unit quantities and additional work has been submitted; and,
WHEREAS, said construction has been completed in accordance with the plans and
specifications; and,
WHEREAS, the final estimate, including Change Order #1, has been submitted,
which estimate shows a total amount of $540,437.76 of which $494,730.73 has been
paid to the contractor, leaving a balance due of $45,706.73.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of the Scotland Interceptor Sewer Line is accepted by
the City of Wichita Falls, that Change Order #1 and the final estimate are
approved, and the City Manager is directed to pay to the contractor the amount
due of $45,706.73.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 5b
RESOLUTION NO. 123-82
i
RESOLUTION APPROVING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO
THE CONTRACTOR ON THE RIGID METAL FRAME BUILDING AT THE SANITARY
LANDFILL.
WHEREAS, the contractor has completed work on the rigid metal frame building at
the Sanitary Landfill in accordance with the plans and specifications; and,
WHEREAS, the contract for such work was based on prices for construction
submitted in a bid received April 13, 1982 and awarded by the Board of Aldermen
on May 4, 1982; and,
WHEREAS, the project was completed within the estimated time and within the
original bid price; therefore, the total amount of contract based on the bid
submitted is $28,438.00
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Such project is hereby accepted by the City of Wichita Falls . The total
amount due such contractor on the rigid metal frame building at the Sanitary
Landfill is $28,438.00, and the City Manager is authorized to make final payment
to such contractor based on this amount.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays : None
Item 5c
RESOLUTION NO. 124-82
RESOLUTION APPROVING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO
THE CONTRACTOR ON THE 1981 STREET RECONSTRUCTION (LIME STABILIZATION)
PROGRAM.
WHEREAS, the contractor has completed work on the 1981 Street Reconstruction
(Lime Stabilization) Program in accordance with the plans and specifications; and,
WHEREAS, the contract for such work was based on unit prices for estimated
quantities; on this basis, it was originally estimated that the total cost of
the contract would be $1,342,571.00; and,
401
Item 5c, cont'd.
WHEREAS, the actual quantities used in the project were less than the
quantities which were originally estimated; therefore, the total amount of
the contract based on the unit prices applied to the actual quantities is
$1 ,250,012.20.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Such project is hereby accepted by the City of Wichita Falls. The
total amount due such contractor on the 1981 Street Reconstruction (Lime
Stabilization) Program is $40,035.25, and the City Manager is authorized
to make final payment to such contractor based on this amount.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 5d
RESOLUTION NO. 125-82
1 RESOLUTION ACCEPTING CONSTRUCTION OF RESTROOM/STORAGE BUILDING
AT WOOD MEMORIAL PARK BY J. MILLER CONSTRUCTION COMPANY.
WHEREAS, the City of Wichita Falls and J. Miller Construction Company, as
Contractor, entered into a contract dated November 12, 1981, whereby the
Contractor agreed to construct a restroom/storage facility at Wood Memorial
Park; and,
WHEREAS, such construction has been completed in accordance with the plans
and specifications; and,
WHEREAS, the contract price for such construction is $23,904.00, of which
$17,996.40 has been paid to the Contractor, leaving a balance due of $5,907.60.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of such facility at Wood Memorial Park is hereby accepted,
and the City Manager is hereby authorized to pay to the Contractor the amount
due as set out above.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 6a
Minutes of the meeting of the Design Review Commission held July 15, 1982,
were received.
Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell . Wilson, Morris, and
Boston
Nays: None
Item 7a
A public hearing was opened on the proposed statement of community development
objectives, and projected use of funds.
Marion Bowling, 1305 35th, requested that the remainder of the money set
aside for the Southside Community be spent on Holliday Creek.
Johnny Watson, 3903 Lake Park Drive, read from Resolution No. 2495, passed
on April 1, 1980, regarding the importance and top priority given to solving the
Holliday Creek flooding problem. He stated that a summary of expenditures of
revenue sharing alone from 1979-1982 indicate a total of $9,635,657 .59. Of this
amount, more than $332,000 was spent on the Farmers Market, and $2,064,000 on
the Activities Center. Only $11,619 was allocated to Holliday Creek out of this
money. With cteddUHollidda gCreek. revenue
wasa$8r,000,000,of enough
block been
grantspent
money.
have correct Y
402
Item 7a, cont'd.
Charles Fuhs, 1608 Bland, appeared regarding a petition presented to the
Engineering Department on March 10, 1980, for the paving of Bland Street. He
presented a copy of the petition to Mayor Cook. Nothing has come of it as of
this date.
Mr. Fuhs stated that this street has been evaluated by Mr. Bach, Ernest
Lillard, and Randy Brown, and they all agree that it needs attention. He stated
that it is a hazard for children getting to McGaha School . It is too narrow.
He hopes something can be done to remedy this situation.
Peyton Carnes, Jr. , 2304 Barbados , stated that they are supposedly in the
500 year flood area, but yet they cannot even handle a two-year flood. He feels
that pumps need to be provided to take care of them, or declare them an expendable
flood control , and let the City relocate them at the appraised value placed on
their property by the Tax Appraisal Board.
If you carry it further, the people above them should have to put up dams
to keep the water off them. The pumps should be cost effective. There were
probably 200 homes severely damaged in the May 12 flood, with ten to fifteen million
dollars damage. Adequate pumps are an essential immediate need. They are trying
to keep the amount of water that can be held by the dike out of their area. He
requested that the Council consider larger pumps, and bring this to a vote today.
They are totally water logged if they do not have pumps. Time is of the essence.
Alderman Shearman stated that flooding in Wichita Falls is not only a problem
in Colonial Park, but it is a problem of all who live in Wichita Falls. Those
Pumps put out about 120 acres of water 6 inches deep. He believes we need larger
pumps in Colonial Park, but we have to remember that Holliday Creek carries all
the water South of Tenth Street, and North and East of Lake Wichita dam. When you
are up to your neck in alligators, we have to drain the creek.
Mr. Carnes stated that it would take about four years to get the creek work
finished if we started today. They cannot wait four years for the pumps in
Colonial Park. They cannot even handle a two-year flood. They need the pumps
for protection at this time.
Alderman Wilson stated that he lives in Colonial Park, and his neighbors ask
him what they are doing to solve the problem. He stated that one of the real
problems they are looking at is financing the flood control problem. We are
talking about a lot of money. There are some people who will lobby very hard
for their pet projects, other than flooding. He cited as an example a woman
equating renovating a downtown building to the flooding. If we address Colonial
Park piecemeal , we will have less support for the entire project. It is time we
keep our priorities in order. He feels we should complete all of this together.
Mr. Carnes stated that he knows Holliday Creek is the biggest problem, but
they cannot stand even a two-year flood in Colonial Park. He stated that they
have an immediate need in that area.
Mayor Cook stated that some recommendations have been made to the flood
control task force, and the Council is eager to receive these recommendations
from the task force. The point made by Alderman Wilson is good in that we should
look at the overall cost of the flood control project, and set priorities.
Everyone on this Council is concerned with these problems. August 17 is the
date tentatively scheduled to approve funds for these projects.
Mr. Carnes stated that he certainly hopes that their need will be an immediate
need to the task force. Mayor Cook also hopes they will be able to do something :
to assist them. He does not believe it will be prudent for the Council to do
anything until they hear from the task force.
Mayor Cook stated that they are proceeding with handling many of the problems
mentioned in the Corps of Engineers plan along Holliday Creek. His point is well
taken, and the Council appreciates him bringing this information to them.
Shirley Skelton, 1300 38th Street, stated that they were told in 1978 that
their street would be improved. It has not yet been done. It was noted that
38th Street and Bland Street improvements are both included in the proposed
community development project.
403
Item 7a, cont'd.
Margaret Davis, 807 Ft. Worth Street, stated that she lives one block off
Holliday Creek, and that she approves the expenditures of funds for this purpose.
She also mentioned several streets in her area that have not been paved, and
wonders if they will be paved at this time? City Manager Stuart Bach stated
that they are not included in the proposal . It was either put a lot of money
in Holliday Creek or some other things, and it was agreed to put it in Holliday
Creek. She stated that they have been asking for several years for these
streets to be paved. She wonders if Oak Street can be completed? Every leg
of the Emanuel Davis overpass has been completed except that street. She
noted that the train holds them up in crossing. She suggested that lights
be installed on the overpass. Mrs. Davis also mentioned sidewalks for children
to walk to school on, as well as shelters while waiting for buses.
Joe Raines, 4507 Martinique, stated that in summing up these problems
along Holliday Creek, it should be evident that we have a source which has not
been used for several years , and that is lowering Lake Wichita. Holliday Creek
will not handle the City's runoff. It cut the South end of the spillway this
last flood. He stated that the lake can be used for flood control , but it has
not been used. If the creek is already loaded at the spillway, the water is
going to build up. Why can you not pull the water off the spillway at the gates?
Richard Manahan, Assistant Director of Public Utilities , stated that it
would take 90 days to lower the lake because the gates are not large enough.
They have been opened since the creek went down. These gates are not flood
gates. They were meant to irrigate the city, and furnish water to the city.
Mr. Raines stated that they used to pull that lake off.
David Jessell , whose parents live at 4406 Martinique, stated that he is
president of a water district in Houston. He stated that one thing they discussed
there was a building moratorium. He stated that his parents cannot survive
another disaster in this town. Mr. Jessell stated that in Houston they got
boy scouts to clear the underbrush in Clear Creek. You can straighten the
creeks, but building is the key to the situation. He feels the City Council
here can deal with thi s situation.
stated that urged
parkingthe
lotsCouncil
accentuatelthe without
probleminvolving
the Corps, if possible
City Manager Stuart Bach stated that this has been discussed, along with
retention and detention flood control .
Alderman Shearman asked Mr. Jessell if he had heard of a lawsuit on flood
control in a Parish in Louisiana? Mr. Jessell stated that he had not.
Mr. Jessell stated that he feels controlled building will help people get
behind them. Mayor Cook stated that this has been discussed at the task force
meeting.
Mrs. William Huff, who resides on Cunningham Street in Faith Village, stated
that they are getting the overflow from building near the stadium.
J. C. Boyd, Jr. appeared as Executive Director of Midtown Now, Inc. He
stated that Midtown is often pictured as a greedy group with its own purposes,
and this is not true. The midtown area is the core of the taxpayers. If
taxes are not collected there, it goes to the homeowners. Five years ago
the Council adopted a plan called Midtown 2000. In the plan was a recommendation
that a non-profit corporation be set up to carry out this plan. The corporation
was set up.
Mr. Boyd stated that Holliday Creek is a $23,000,000 problem. If we gave
up now on the Corps we are talking about a bond issue. He feels this council
should do what they can to get as much help as possible from the federal
government. If they determine that it is too long, or not going to happen,
then they should take the bull by the horns and have a bond issue.
Alderman Shearman stated that City Councils in the past haven't done
anything. Mr. Boyd responded that they did what they could. Alderman Shearman
noted that he has a list of what Midtown has received. He emphasized that we
need to get our priorities in order, and get that creek cleaned out.
The public hearing was closed.
404
Item 8a
Donald E. Runeberg, an employee of the Engineering Department, was honored as
August Employee of the Month. Mayor Cook presented him with a plaque and two tickets
each to a theatre and dinner.
Item 9a
A proposed ordinance was introduced pertaining to annexation of a 3.44 acre
tract of land on Randy Drive.
ORDINANCE NO. 76-82
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS,
TEXAS, BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE
TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT
OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND IS DESCRIBED IN THIS
ORDINANCE.
Moved by Alderman Morris that Ordinance No. 76-82 be introduced.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 9b
A proposed ordinance was presented appropriating Community Development Block
Grant funds for drainage, flood control , and street improvements totaling $363,950.00.
ORDINANCE NO. 77-82
AN ORDINANCE MAKING AN APPROPRIATION FROM THE CDBG FUND TO ACCOUNT
NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Shearman that Ordinance No. 77-82 be passed.
Motion seconded by Alderman Wilson.
Alderman Wilson noted that there are some questions in his mind as to what
streets we plan to refurbish? Is there some list that a citizen can come and see
where the street is located on the priority list?
City Manager Stuart Bach stated that they are in the process of doing a
street computer inventory. They are trying to take these streets on a priority
basis, and doing the worst ones first. Ernest Lillard stated that the list
would be available in two weeks.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 9c
A proposed ordinance was presented closing a portion of 34th Street West of
Old Jacksboro Highway.
ORDINANCE NO. 78-82
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THAT PORTION OF
34TH STREET LYING WEST OF OLD JACKSBORO HIGHWAY IN WOODLAND PARK
ADDITION, AND RETAINING A UTILITY EASEMENT.
Moved by Alderman Hampton that Ordinance No. 78-82 be passed.
405
Item 9c, cont'd.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and
Boston
Nays: None
Item d
cussions aro°tion was made osed ordinancebbe Alderman
conce�ningand
For the purposes of dis
seconded by Alderman Shearman that p p
city enforcement of deed restrictions on property located at 1710 Kell .
Alderman Wilson stated that there seems to be several questions raised by
owners regarding use of the alley for egress and ingress.
The realtor representing the
property
stated
that
the
person
yard°asganpaved
asking about it was to put in a photo shop, and use the front feels
parking lot. This person is no longer interested in the property.
He this area would be much better served Kell rather than back
vs business
rather
outthan
Five propertyresidential .He feels they could drive out into
owners object to this property being used for business, mainly because the
alley would be used as a street.
five
Donaldproperty
Ramseyneand1Warren Humphries.
Henry Berry, R. J. Peirce, Mary Stevenson,
th
Mayor Cook stated that he is familiar
Aldermanwith
Wilson noted that isisaanthere
is a lot of traffic down the alley.
intact neighborhood, and there is need
to Mayorotect that Cook statedethatoheobelievesir
main problem seems to be alley traffic
waiving these ordinances would open a pandora's box.
The realtor asked when and if they get another client, is there some way
they can short-cut this problem?
Alderman Hampton stated that the
time
the Council prebiouslynput for
atlimptateonion
of the residents. He also stated that
on the type of structure which could be placed near here. Residents would need to
be re-notified of any future bU
Moved by Alderman Wilson that the motion be tabled.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 9e
A proposed ordinance was presented waiving certain sections of the Code of
Ordinances to allow the sale of beer in Lucy Park for Summerfest 82.
ORDINANCE NO. 79-82
ORDINANCE WAIVING SLOCWI�HE SALENS ,OF2BEERNFOR2-4 OF THE SUMMERFESTC0DE
82
OF ORDINANCES TO AL
AT LUCY PARK ON AUGUST 29, 1982.
Moved by Alderman Hampton that Ordinance No. 79-82 be passed.
Motion seconded by Alderman Morris.
Jan Beall appeared for the Red Cross, stating that they are happy to be
the beneficiary of Summerfest 82.
Alderman Wilson commented that- the e believes the event can still at benees fichange iary
besheldd
about the waiver of the ordinance.
without waiving the ordinance for the sale of beer.
406
Item 9e, cont'd.
Mrs. Beall stated that the Red Cross is not here to support or not support the
sale of beer.
Darius McKay, Minister of Trinity Baptist Church, stated that he feels glad that
the City Council has turned thumbs down on the sale of beer at this activity. He
would like to see some things in this city where we don't have to have beer to enjoy
it. As we build a new jail , one of the finest ways to keep our jail empty would be
somehow to cut down on the beer consumption in this city. He believes our city needs
to go along with the state in regulating the sale and consumption of alcoholic
beverages. He believes we can recognize that we have a fine, growing city with
lots of entertainment without the sale of beer. He stated that he would give more
money to the Red Cross and other agencies when they are unidentified with the beer
agencies.
Alderman Shearman asked how far this activity would be located from where kids
swim? Bill Hursh, Director of Parks and Recreation, stated about 150 yards. He
noted that the pool usually closes around the middle of August.
Alderman Wilson noted that a friend wrote to the Trial Lawyers Association,
and it was determined that the property owner where the alcoholic beverages are
served is also liable.
The motion for passage of the Ordinance allowing the waiver was carried by
the following vote.
Ayes: Mayor Cook, Aldermen Hampton, Morris, and Boston
Nays: Aldermen Shearman, Russell , and Wilson
Item 10a
A proposed resolution was presented approving a fourth amendment to the
treated water supply contract with Iowa Park. City Attorney H. P. Hodge, Jr.
noted that the original date of the contract should be changed in the amendment
to January 10, 1972.
RESOLUTION NO. 126-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FOURTH AMENDMENT TO THE CITY'S TREATED WATER SUPPLY CONTRACT
WITH THE CITY OF IOWA PARK.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain Fourth Amendment to Water Purchase Contract, a copy of which is
attached hereto, between the City of Wichita Falls and the City of Iowa Park, is
hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls .
Moved by Alderman Wilson that Resolution No. 126-82 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
- - - - - - - - - -
Item Ila
A proposed resolution was presented approving change orders to the Hamilton
Park Tennis Center pro shop.
RESOLUTION NO. 127-82
RESOLUTION APPROVING CHANGE ORDERS NO. 1 AND NO. 2 TO THE CONTRACT
WITH WALLACE & RAUB CONSTRUCTION COMPANY FOR CONSTRUCTION OF HAMILTON
PARK TENNIS CENTER PRO SHOP.
407
Item lla, cont'd.
WHEREAS, the City of Wichita Falls and Wallace & Raub Construction Company
entered into a contract dated April 9, 1982, whereby the contractor agreed to
construct a Hamilton Park Tennis Center Pro Shop; and,
WHEREAS, it is deemed advisable to make two Change Orders to such contract,
one to add a backwater valve to the sewer line for $326.00, and the other to
raise the entry sidewalk and entry door for $464.20; also, eight working days
will be added to the contract for time lost during the flooding in May.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Change Orders No. 1 and No. 2 to such contract, copies of which are attached
hereto, 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. 127-82 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and
Boston
Nays : None
Item 12a
The recommendations of the study committee on the human relations commission
were presented. (A copy is attached to these minutes.)
Moved by Alderman Shearman that these recommendations be approved.
Motion seconded by Alderman Boston, and carried unanimously.
The City Manager stated that the necessary ordinances would be prepared.
The Board of Aldermen adjourned at 10:45, to go into executive session
pursuant to Article 6252-17, sub-paragraphs (e) and (g) , of the Revised Texas
Civil Statutes.
PASSED AND APPROVED this day of Clr_ r, , , 1982.
r D. ok, Mayor
ATTEST:
Wilma J. Thomas, City Clerk
ADMINISTRATION
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Honorable Mayor and City Council DATE: July 27, 1982
FROM: Study Committee on Human Relations Commission Recommendations
SUBJECT: Study Committee Recommendations
As charged by you, our Study Committee has reviewed the proposals submitted by the
Human Relations Commission (HRC) and has arrived at a number of conclusions and recom-
mendations. In conducting our study, we have reviewed the situations extant in other
Texas cities of comparable and larger size than Wichita Falls. We have also weighed that
f information in light of local considerations and desires.
Though 12 of the 16 cities surveyed refer cases involving allegations of discrimination di-
rectly to appropriate federal agencies and four and five of the 16 cities respectively have
local public accommodations and equal employment opportunity ordinances, the Study Com-
mittee, for the reasons outlined below, feels that local factors gravitate in favor of adoption
`n
of local ordinances in the aforementioned areas.
Specifically, we are recommending the following:
1. That, with the October 1, 1982, initiation of the City's new fiscal year, the City
Attorney or his designee be authorized to investigate and prosecute cases in-
volving discrimination in public accommodations and employment. Pending the
proposed contracting for legal services for the collection of delinquent property
tax accounts, an Assistant City Attorney will be available to serve the above
purposes. It is felt that an attorney should perform staff functions because of
fthe oft-times legally complex issues involved in discrimination complaints, in-
vestigations and prosecutions. The City should not incur any additional cost
or expense with this arrangement, that is, expense beyond the time-use ex-
pense associated with the attorney's salary;
Adh 2. That public accommodations and equal employment opportunity ordinances be
drafted consistent with the authorities stipulated in the previous paragraph
and with the current HRC ordinance. Drafting of those ordinances should be
performed with input provided by a committee of HRC members;
3. That the City's existing Fair Housing Ordinance be amended in concert with
the administrative, investigative and prosecution authorities being granted to
the City Attorney under the envisioned public accommodations and equal em-
ployment opportunity ordinances. Again input should be sought from an HRC
committee in drafting revisions to pertinent sections of the existing ordinance;
and
L 4. That, at the appropriate time, the City seek 11706 recognition" which will, if
approved, provide reimbursement of from $375.00 to $412.50 per case from the
! federal government for discrimination cases resolved by the City. This will
I.
f
Page 2 of 5 Pages
Agenda Item No. 12-a..
Memo
Page - 2 -
help compensate the City for legal services rendered.
These are our basic recommendations. We would be pleased to respond to any questions
you might have regarding them. �-
aro Russell Howard Morris
Coun ' member Councilmember
L
art A. Bach
City Manager
cc: Human Relations Commission
H.P. Hodge, City Attorney
� I
y
Page 3 of 5 Pages
Agenda Item Nc.,12_a.
Y
FOURTH PIIENDMENT TO WATER PURCHASE CONTRACT
WITH CITY OF IOWA PARK
This Fourth Amendment to Water Purchase Contract made and
entered into this the 3rd day of August, 1982 , by and between the
City of Wichita Falls, Texas and the City of Iowa Park, Texas,
WITNESSETH:
WHEREAS, the City of Wichita Falls and the City of Iowa Park
entered into a water purchase contract, dated January 10 , 1972 ,
and the parties desire to make a fourth amendment to such contract.
NOW, THEREFORE, the parties hereto do hereby agree as follows :
1. Section 2. 0 of said contract, dated January 10 , 1972 ,
is hereby amended to provide that Iowa Park shall pay for all
water delivered after January 1, 1982 under this contract at the
rate of 40. 68 cents per 100 cubic feet; future changes in such
water rate may be made in accordance with the Memorandum of Agree-
ment executed in 1980 by Wichita Falls, Iowa Park and other certain
entities purchasing water from the City of Wichita Falls. All
other provisions in such Section 2 . 0 shall not be affected by
this Fourth Amendment.
2 . Upon the execution of this Fourth Amendment, Iowa Park
shall pay to Wichita Falls in cash the sum of $2 ,485. 76, which
represents the difference between the total payments paid by
Iowa Park for water service from January 1 , 1982 through May 31,
1982 , and the total amount which is due for such water service
on the basis 'of the new rate of 40. 68 cents per 100 cubic feet,
plus interest on this money which should have been paid at monthly
intervals during this period.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first set out above.
CITY OF WICHITA FALLS
By:
ATTEST:
City Clerk
CITY OF IOWA PARK
By:
ATTEST:
City Secretary
CHANGE R
ARt lll1ECl Li
ORDER (-ur`rRACTOR C-1
'WAl)O(_UMI.N7 r;7()1 III l ()OTHER
PROJECT. A Tennis Bui.l.ding for the CHANGE ORDER NUMBER, One (1)
name, address) Hamilton Park Tennis Center
Wichita Falls, Texas
TO (Contractor)
F ARCHITECT'S PROJECT NO: 91462
Wallace CONTRACT FOR: General_ Construction
& Raub ��onst-ruction Co.
5007 Joyce Lane
Wichita Falls, Texas 76302
_1 CONTRACT DATE: 9 April 1982
You are directed to make the following changes in this Contract:
1. Install a Tyler back water valve with clean outs on each side of valve and
a valve box for valve for the sum of --------
Z. Extension of time ------------------------------------------------
--------------------t3 days.
the Original Contract Sum was . . . . . S 101,675�
Net change by previous Change Orders $ _
The Contract Sum prior to this Change Order was . —0
$ 101,675 `
The Contract Suns will be (increased) WM4* e'Fi )cM by this Change Order . . . $ 326
The new Contract Sum including this Change Order will be . . . . . . . . . . . $
The Contract Time w 8
ill be (incre, a d) ti}f }da�Hi�K t1}Q}� # 1-8 001
The Date of Completion as of the date 1rf this Change Order therefore is 27 September 1982ght — ) Days.
HARPER PERKINS ARCHITECTS WALLACE & RAUB CONSTRUCTION THE CITY OF WICHITA FALLS
:1R( IiiltCl _ --
( ()UTRACTC)R -
4724 Old Jacksboro Hwy. OWNER
500Z__�oyce Lana __ P--O_. Box 1431
Address --- --
Address Address -
W:ich' a F lls, x 6302 Wichita Falls, Texas 7630.E Wichita Falls, Texas 7()30,''
R h --Per ins AIA Bo},t� t3Y
y ace, Partner Stuart Bach, City Manager
DATE 17 June 1982 DATE 17 une 1982 DATE
- — ---
- -- ----
-- June- 1982
AIA DOCUMENT G701 . CHANGE ORDER AI'k!I 1970 EDITION AIAC) n 1970 . THE
Ati1(CIC.1N !NSHTUIE OF ARCIIIITCTti, 1,1; NIV', V��L'R AVF., NW. WASHINGTON, DC. 20006 ONE PA(,E
WALLACE RAUR CONS-FRUCTION CO.
( ()i i it i i r r il hl III t 1-1:il -- \, I( I;I I I i I I i I c I i I I�,,
WAR) JOVU loric.,
00 juiY !go,-'
Arc-ihrok;
. k'hikl Fallo,
710 A Umnds 00MV, fuz k An l00t.
jubj : Froposal Roquyi, Au, �
-s pyr your rartaW Or a COA vawl mave Or a now hask-Aar ;Avc
rut. LO f0jiu-Ing
Sub-our: r Qunldn,'
Ins' —aWn yai 11-4
vni � hm- W.Uu
I an" CULS mkvia!3 A 1.44
L'.
Inn CU14 PrAP 15.sle�
ZA
'Z_
WALLACE & RAUB CONSTRUCTION CO.
Commercial -- Industrial — Metal Buildings
Telephone (817) 723-5006 5007 Joyce Lane
760-3141) Wichita Falls, Texas 70302 Johnny Rash
766-4064
28 May 1982
Harper-l'erkii,.s Architects
4724 Old Jacksboro 11ig;Iiway
Wichita Falls, Texas
Ref: A tennis building for the Hamilton Park Tennis Center
3ubj: Possible time extension for bad weather
�Xa.e to the recent rain anJ flooding, we Trish to record the following
dates as time lost uay'v should a time extension be requi.ceJ, a1; the
n.l 1I)e contrast
"lailace
oe
lu
CHANGE
I;( HIM I _
ORDER (:ON I RAC I OR I J
fill [) [�
11�1 l)OCU�IEN1 (;7l)1 OIIIFR
PROJECT: A Tennis Building for the CHANGE ORDER NUMBER: Two (2)
(name, address) Hamilton Park Tennis Center
TO (Contractor)Wichita Falls, Texas
F - ARCHITECT'S PROJECT NO: 81462
Wallace & Raub Construction Co. _
5007 Joyce Lane CONTRACT FOR: General. Construction
Wichita Falls, Texas 76302
_j CONTRACT DATE: 9 April 1982
You are directed to make the tollowing Changes in this Contract:
1. Raise door head at Entry �01: --------------------------- $ 35.20
2. Four 6" sidewalk at Entry 101: --------------------------- $ 429.00
TOTAL ADD: ----------------------------------------------------$ 464.20
Attachments: Copy of Proposal 42, dated 16 July 1982.
Letter from Wallace and Raub Construction, dated 19 July 1982.
The original Contract Sum was $ 101 ,(,75 O(
Net change by previous Change Orders $ 326
The Contract Sum prior to this Change Order was . . . . . . . . $ 102,001 0'
The Contract Sum will be (increased) .4 X i i c 41{ i tf by this Change Order . . . $ 464
Hie new Contract Sum including this Change Orcler will be $ 102,465
The Contract Time will be X NK (unchanged) by —0— ) Days.
The Date of Completion as of the date of this Change Order therefore is 27 Septend)er 1982.
HARPER PERKINS ARCHITECTS, INC. WALLACE & RAUB CONSTRUCTION THE CITY OF WICHITA FALLS
ARCI II- C I (()N I RA(TOR - O\NNER
4724 Old Jacksboro H_i.ghw,)y 5007 Joyce Lane P.O. Box 1431
Address A(Wwr s 'Vidrr»
Wichi Falls, Texas 76302 Wichita Falls, Texas 76302 Wichita Falls, Texas 76307
i
BY/ 131' .•-- G Gi: t;�
Ralph B. Perkins AIA Bobby Wallace, Partner Stuart Bach, City Manag�,i
DnI[ 23 July 1982 t)ctl July 1982 I)A11- July 1982.
AIA DOCUMENT G701 • (HANG[ OR[)[IZ AI'RIL l �70 [DI]ION AIA, 1070 • THE ON[ I'A(II
AMERIC\N INSTIIUIL 01 AK(IiHE(Iti, -17(, iJt V YOIvK AVE., Nw, WASHINGTON D.C. 20006
PROPOSAL OWN E R
A RC I I FFEC F
REQUEST CONTRACTOR ❑
A/A DOCUMENT G709 FIELD E]
OTHER
PROJECT: A Tennis Building for the PROPOSAL REQUEST NO: Two (2)
(name, address)Hami1toll Park Tennis Center
Wichita Falls, Texas
OWNER: The City of Wichita Falls
Wichita Falls, Texas DATE: 16 July 1982
TO: (Contractor)
F 7 ARCHITECT'S PROJECT NO: 81462
Wallace & Raub Construction Co.
5007 Joyce Lane CONTRACT FOR: General Construction
Wichita Falls, Texas 76302
CONTRACT DATED: 9 April 1982
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifica-
tions to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED Willi TIIE WORK DFSCRIBED HEREIN.
Description: (written description of the Work)
1. Raise the elevation of Entry 101 and the corresponding entry sidewalk of a
total of 6".
2. Raise the doorhead at Door 1-A a corresponding 6" .
Attaehiments: (List attached documents that support description)
ARCHITECT: HARPER PERKINS ARCHITECTS
BY:
Larry J. Tanner P. E. , AIA
AIA DOCUMENT G709 • PROPOSAI- REQUI S] • APRII 1970 EDITION • AFAR • (L�1970 • THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHING.TON, D-C. 20006 ONE PAGE
WALLACE & P AUB CONSTRUCTFION CO.
C.onlfllCl�lkl) -- fn,lt_isti-ial — Metal Buildings ,
Telephone (81 7) 7 2 3 5000 5007 Joyce Lane
7h()-1141) ]nhnn� haute�i�hita falls, Texas 70302 700_40o4
ly u"zly 1y82
tlai•�ez•—P��rl-ina Arci:�i tec t`:;
4Y24 Gl : Jacksboro li n;•zy
'lichita Fai,_s, Teas
Ref: A tecmi; building for the Hamilton Park Tennis Center
Subj: Proposal ite,Iuest N'u. 2
As per your request for costs, -e propose the following:
.-ta.i se door head at entry iui
!:a tarials
Labor
�2,t
10�, 0'f Profit, j,�(�
i tal cost j;—20
Pour t_,`r sido—alk at :,ntry 101
1•;a tc.z'iai s 1.4U.�U
Laocr
34G.i (;
10% Oil&?Profit 3y.0
Total cost +�y.�u
Total proposal r464.�
Gl/l:�sc
4f3oy allace