Min 08/17/1982 408
Wichita Falls, Texas
Memorial Auditorium Building
August 17, 1982
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls , Texas met in regular
session on the above date in the Council Room of the Memorial Auditorium Building
at 7:00 o'clock P.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 Ron Redding, Allendale Baptist Church.
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Item 3
Two corrections were made to the minutes of the meeting held August 3, 1982
as follows.
Alderman Shearman noted that on Page 402, in the fifth paragraph, it should
be shown that the 120 acres of water should be 6 inches deep, instead of six feet
deep.
Alderman Hampton noted that on Page 405, in the last paragraph of Item 9d,
the word "near" should be inserted before the word "here" at the end of the next
to last sentence.
Moved by Alderman Boston that the minutes be approved, as corrected.
Motion seconded by Alderman Russell , and carried unanimously.
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Items 4a - 6b
Item 4b was moved to the regular agenda.
Moved by Alderman Russell that the remaining items on the consent agenda be
approved.
Motion seconded by Alderman Morris.
Item 4a
RESOLUTION NO. 128-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE
DEPARTMENT FOR THE PROPOSED BOAT LAUNCHING FACILITY AT DEER
CREEK PARK AT LAKE ARROWHEAD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain lease agreement, a copy of which is attached hereto, between
the City of Wichita . Falls and the Texas Parks and Wildlife Department, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
409
Item 4a, cont'd.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 4c
RESOLUTION NO. 129-82
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN AN
EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY IN MARTIN PLAZA PARK.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain easement for an underground electric distribution line, a copy of
which is attached hereto, in Martin Plaza Park, from the City of Wichita Falls to
Texas Electric Service Company is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 4d
RESOLUTION NO. 130-82
RESOLUTION APPROVING CHANGE ORDER #1, FINAL ESTIMATE, AND ACCEPTING
CONSTRUCTION OF 1980 CDBG UTILITY LINE REPLACEMENTS.
WHEREAS, the City of Wichita Falls and Opex, Inc. , as contractor, entered into
a contract July 23, 1981, wherein said contractor agreed to construct the Utility
Line Replacements; and,
WHEREAS, Change Order #1 in the amount of $3,622.40 decrease to the contract
due to changes in the contract quantities has been submitted; and,
WHEREAS, said construction has been inspected and completed in accordance with
the plans and specifications; and,
WHEREAS, the final estimate, including change order #1 has been submitted on
this project which shows a total amount of work done as $324,107.60 of which
$274,618.62 has been paid to the contractor, leaving a balance due of $49,488.98.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of the 1980 CDBG Utility Line Replacements is accepted by the
City of Wichita Falls, Change Order No. I and the final estimate are approved, and
the City Manager is directed to pay to the contractor the amount due of $49,488.98.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays : None
Item 5a
RESOLUTION NO. 131-82
RESOLUTION AWARDING CONTRACT TO ZACK BURKETT COMPANY FOR
RESURFACING OF FOUR TENNIS COURTS ON THE SOUTH BATTERY AT WEEKS
PARK TENNIS CENTER.
WHEREAS, the City of Wichita Falls has advertised for bids for the resurfacing
of four tennis courts on the south battery at Weeks Park Tennis Center; and,
WHEREAS, only one bid was received, that being the bid of Zack Burkett Company,
whose bid of $9,600.00 for resurfacing four courts and $2,939.30 for removing existing
color surface on four courts is a fair and reasonable bid.
410
Item 5a, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Zack Burkett Company in the total amount of $12,539.30 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita Falls
a contract with Zack Burkett Company for such work.
Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 6a, b
Minutes of the meeting of the Planning Board held July 14, 1982, were received.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and
Boston
Nays: None
Minutes of the meeting of the Board of Electrical Examiners held July 15, 1982,
were received.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and
Boston
Nays: None
Mayor Cook asked when the Council could expect changes to the electrical code?
Ernest Lillard, Director of Public Works, stated that it would be on the next
agenda.
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Item 4b
Alderman Hampton stated that they did not receive a plat for this particular
easement to Texas Electric, and he would like to see what he is voting on. The
City Manager stated that they did not give us a plat. Dick Manahan, Assistant
Director of Public Utilities, went to his office to get a copy of the plat.
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Item 7a
A public hearing was opened on designation of a blighted area project at
1101 Scott. It was explained that Charles Harper would be here later to address
this.
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Item 7b
A public hearing was opened on designation of a proposed hotel/motel project
as a blighted area project. Alderman Shearman asked for a specific location.
Paul Latture, of the BCI , stated that it is not specifically located, but
it will be in or adjacent to a blighted area.
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Item 8a
A proposed ordinance was presented waiving certain sections of the Code of
Ordinances to allow the sale of beer in Lucy Park.
ORDINANCE NO. 80-82
ORDINANCE WAIVING SECTIONS 4-15, 22-1 AND 22-4 OF THE CODE
OF ORDINANCES TO ALLOW THE SALE, POSSESSION AND CONSUMPTION
OF BEER IN LUCY PARK AT THE RED RIVER CHILI CHAMPIONSHIP ON
SATURDAY, OCTOBER 2, 1982.
Moved by Alderman Hampton that Ordinance No. 80-82 be passed.
Motion seconded by Alderman Morris, and carried by the following vote.
411
Item 8a, cont'd.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Morris , and Boston
Nays: Alderman Wilson
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Item 8b
A proposed ordinance was presented changing time limits to two hours of certain
specified parking meter zones.
For the purposes of discussion, a motion was made by Alderman Shearman, and
seconded by Alderman Russell , for passage of the ordinance.
Alderman Shearman asked if the merchants have requested this? Jack Griffin,
Acting Director of Traffic and Transportation, stated that they did. He stated
that he received a letter from TSO, and calls from customers of TSO and the YMCA.
He also had received two calls from Mrs. Carter at Carter's Beauty School .
J. C. Boyd, Jr. stated that he had received at least seven calls on this.
It seems they do not have enough time to get their business taken care of in
one hour.
Alderman Wilson stated that he would like to know the basis of the previous
information, and why it has changed now? The Council was asked on April 6 to
change these meters from two-hour to one-hour limits. Jack Griffin stated that
the Traffic Commission voted to go to the one-hour meters. He stated that he did
not know the basis for the decision of the Traffic Commission. Alderman Wilson
stated that he was lead to believe that the downtown merchants were behind this
in the past.
City Manager Stuart Bach stated that one or two downtown merchants are on
the Traffic Commission.
Alderman Hampton suggested that they go back to the Traffic Commission for
their review.
J. C. Boyd, Jr. stated that some things have changed downtown. He stated that
he closed his store downtown, and that altered the business on Indiana. Perkins is
also closed. There is not the stability downtown that we would like. He stated
that he had received calls from businesses on Indiana and Seventh.
Moved by Alderman Shearman that this matter be tabled until we receive a
recommendation from the Traffic Commission.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays : None
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Item 8c
A proposed ordinance was presented adopting the 1982 Edition of the Standard
Fire Prevention Code.
ORDINANCE NO. 81-82
ORDINANCE AMENDING SECTION 15-15 OF THE CODE OF ORDINANCES TO
ADOPT THE 1982 EDITION OF THE STANDARD FIRE PREVENTION CODE.
Moved by Alderman Shearman that Ordinance No. 81-82 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
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412
Item 8d
An ordinance was presented annexing 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 Shearman that Ordinance No. 76-82 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
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Item 4b, cont'd.
The plat which had been requested earlier was presented to the Council .
RESOLUTION NO. 132-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
SIGN A DISTRIBUTION EASEMENT AND RIGHT-OF-WAY TO TEXAS
ELECTRIC SERVICE COMPANY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain distribution easement and right-of-way, a copy of which is
attached hereto, from the City of Wichita Falls to Texas Electric Service
Company, is 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. 132-82 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 9a
A proposed resolution was presented appointing a Municipal Court Administrator.
RESOLUTION NO. 133-82
RESOLUTION APPOINTING MAURICE ARMSTRONG MUNICIPAL COURT
ADMINISTRATOR AND CLERK OF THE MUNICIPAL COURT OF WICHITA
FALLS.
WHEREAS, Nan McNair, who served for many years as Municipal Court Administrator
and Clerk of the Municipal Court of Wichita Falls in a dedicated and loyal manner,
has recently retired from this position.
NOW, THEREFORE, BE 'IT- RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Maurice Armstrong is hereby appointed as Municipal Court Administrator and
Clerk of the Municipal Court of Wichita Falls, in accordance with Section 7 of
Article 1200aa, Revised Civil Statutes of Texas, effective August 4, 1982; he
shall hold this office at the pleasure of the Board of Aldermen.
Moved by Alderman Hampton that Resolution No. 133-82 be passed.
Motion seconded by Alderman Shearman, and carried by the following vote.
413
Item 9a, cont'd.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
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Item 9b
A proposed resolution was presented approving projected use of Community
Development Block Grant funds for 1982-83.
RESOLUTION NO. 134-82
A RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT
OBJECTIVES AND PROJECTED USE OF FUNDS FOR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM YEAR 1982-1983 UNDER TITLE I OF THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
A Final Statement of Community Development Objectives and Projected Use of
Funds, under Title I of the Housing and Community Development Acts of 1974, as
amended, for Community Development Block Grant funds is hereby approved, and
the City Manager is authorized and directed to complete and file the Statement
for such grant with the Department of Housing and Urban Development. The City
Manager is further authorized to execute any necessary documents requested to
carry out and complete such grant. The Statement shall include a completed OMB
Standard Form 424 and a copy of the standard form certifications as specified
by HUD.
Moved by Alderman Shearman that Resolution No. 134-82 be passed.
Motion seconded by Alderman Hampton.
Alderman Shearman questioned the $50,000 shown for the Wichita River Greenbelt.
City Manager Stuart Bach stated that this is proposed for 1983-84; not this year.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
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Item 9c
A proposed resolution was presented authorizing city participation with other
cities in a joint study of the request of Lone Star Gas for rate increase.
RESOLUTION NO. 135-82
RESOLUTION AUTHORIZING CITY PARTICIPATION WITH OTHER TEXAS MUNICIPAL
LEAGUE CITIES IN THE JOINT STUDY OF LONE STAR GAS COMPANY'S GATE
RATE INCREASE REQUEST AND IN REPRESENTATION BEFORE THE TEXAS
RAILROAD COMMISSION IN DOCKET NO. 3543.
WHEREAS, on June 25, 1982 Lone Star Gas Company applied to the Texas Railroad
Commission for a 19% gate rate increase, which would increase revenues by approxi-
mately ninety million dollars; and,
WHEREAS, it is deemed advisable and in the public interest to band together
with other cities on the Lone Star system to investigate the reasonableness of
Lone Star's gate rate increase and to oppose any excessive increase before the
Texas Railroad Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City is hereby authorized to participate with other Texas Municipal
League cities in a joint study of Lone Star Gas Comapny's gate rate increase
request and in representation before the Texas Railroad Commission in Docket
No. 3543. As its share of the cost of such effort, the City shall contribute
the sum of $3,768.04, which is based on four cents per capita.
414
Item 9c, cont'd.
Moved by Alderman Wilson that Resolution No. 135-82 be passed.
Motion seconded by Alderman Shearman.
Cathy Foster, 5118 Professional Drive, explained that it is hard today for
people trying to make ends meet. The poor people cannot handle any higher
utilities. She believes that Southwestern Bell can cut down on advertising.
They should have to cut down along with everyone else. She requested that
the Council think of the poor people when they consider this. She also mentioned
people freezing to death because they cou ld not pay for heat.
Mayor Cook stated that the Council is supporting her request to make sure
any increase is justified.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays : None
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Item 9d
A proposed resolution was presented authorizing city participation with
other cities in a joint study of the request of Southwestern Bell Telephone
for a rate increase.
RESOLUTION NO. 136-82
RESOLUTION AUTHORIZING CITY PARTICIPATION WITH OTHER TEXAS
MUNICIPAL LEAGUE CITIES IN THE JOINT STUDY OF SOUTHWESTERN
BELL TELEPHONE COMPANY'S RATE INCREASE REQUEST AND IN
REPRESENTATION BEFORE THE TEXAS PUBLIC UTILITIES COMMISSION.
WHEREAS, Southwestern Bell Telephone Company has applied to the Texas
Public Utilities Commission for a rate increase of approximately 13%, which
would increase revenues by approximately 471.5 million dollars; and,
WHEREAS, it is deemed advisable and in the public interest to band
together with other Texas Municipal League cities to investigate the
reasonableness of Southwestern Bell Telephone Company's rate increase
request and to oppose any excessive increase before the Texas Public
Utilities Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City is hereby authorized to participate with other Texas Municipal
League cities in a joint study of Southwestern Bell 's rate increase request
and in representation before the Texas Public Utilities Commission. As its
share of the cost of such effort, the City shall contribute the sum of
$3,297.04, which is based on three and one-half cents per capita.
Moved by Alderman Morris that Resolution No. 136-82 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 9e
A proposed resolution was presented approving a blighted area project
designation at 1101 Scott.
RESOLUTION No. 137-82
RESOLUTION APPROVING AND ACCEPTING A PROPOSED BUILDING
RENOVATION PROJECT AS AN ELIGIBLE PROJECT WITHIN THE
CITY'S DESIGNATED BLIGHTED AREA.
415
Item 9e, cont'd.
WHEREAS , the proposed building renovation project located at 1101 Scott Street
will contribute significantly to redevelopment objectives in the City's blighted
area, as defined by the Wichita Falls Board of Aldermen, and is in furtherance of
public purposes , as defined by the Development Corporation Act of 1979, as amended;
and,
WHEREAS, such project will contribute to the economic growth of Wichita Falls
by increasing employment opportuniftes, increasing the tax base and promoting
commerce within the City; and,
WHEREAS, the required public hearing has been held in conjunction with consider-
ation of such project; and,
WHEREAS, such project is an acceptable project of the commercial type.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City of Wichita Falls approves the 1101 Scott Street building renovation
project as an acceptable commercial project within the City's designated blighted
area.
Moved by Alderman Hampton that Resolution No. 137-82 be passed.
Motion seconded by Alderman Russell .
Charles Harper explained that he has little more to add. This will create more
jobs in the City of Wichita Falls, and further the rejuvenation in the downtown area.
Alderman Shearman asked about two city buildings downtown which need to be
rejuvenated? Mr. Harper stated that they are the Smallest Skyscraper and the
Route Building.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
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Item 9f
A proposed resolution was presented accepting a proposed hotel-motel project
as an eligible blighted area project.
RESOLUTION NO. 138-82
RESOLUTION APPROVING AND ACCEPTING THE TARGET INNS, INC. , HOTEL/MOTEL
PROJECT AS AN ELIGIBLE PROJECT WITHIN OR ADJACENT TO THE CITY'S
DESIGNATED BLIGHTED AREA.
WHEREAS, the proposed Target Inns, Inc. , hotel/motel project will contribute
significantly to redevelopment objectives in or adjacent to the City's blighted
area, as defined by the Wichita Falls Board of Aldermen, and is in furtherance of
public purposes, as defined by the Development Corporation Act of 1979, as
amended; and,
WHEREAS, such project will contribute to the economic growth of Wichita Falls
by increasing employment opportunities, increasing the tax base and promoting
commerce within the City; and,
WHEREAS, the required public hearing has been held in conjunction with
consideration of such project; and,
WHEREAS, such project is an acceptable project of the commercial type.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City of Wichita Falls approves the Target Inns , Inc. , hotel/motel project
as an acceptable commercial project within or adjacent to the City's designated
blighted area.
416
Item 9f, cont'd.
Moved by Alderman Russell that Resolution No. 138-82 be passed.
Motion seconded by Alderman Morris.
Alderman Shearman asked where this is going to be located? Mayor Cook
noted that they are not qualified unless they are in an area in or adjacent
to a designated blighted area.
City Manager Stuart Bach stated that they are looking at several different
sites. Alderman Shearman feels that we should have an address, or an
approximate area. it is only fair to have this information before we vote
on it. Alderman Wilson asked about the interest rate.
Paul Latture, 4315 Craigmont, of the BCI , stated that he thought it
would be 70-75 percent of prime, but that it depends upon the financial
institution.
Alderman Hampton stated that he shares some of the thoughts with Mr.
Shearman, but he can understand that sometimes a location cannot be announced
until you know if the project is going to be approved.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and
Boston
Nays : None
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Item 9g
A proposed resolution was presented authorizing the filing of grant
applications for federal operational assistance to cover approximately
one-half of the operating deficit of the bus system.
RESOLUTION NO. 139-82
RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR
GRANTS UNDER THE MASS TRANSPORTATION ACT OF 1964, AS AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make grants for
Mass Transportation Projects.
WHEREAS, the contract for financial assistance will impose certain
obligations upon the applicant, including the provision by it of the local
share of project costs;
WHEREAS, it is required by U.S. Department of Transportation in accord
with the provisions of Title VI of the Civil Rights Act of 1964, that in
connection with the filing of an application for assistance under the Urban
Mass Transportation Act of 1964, as amended, the applicant give an assurance
that it will comply with Title VI of the Civil Rights Act of 1964 and the
U.S. Department of Transportation requirements thereunder; and,
WHEREAS, it is the goal of the Applicant that minority business enterprise
be utilized to the fullest extent possible in connection with these projects
and that definitive procedures shall be established and administered to
ensure that minority businesses shall have the maximum feasible opportunity
to compete for contracts when procuring construction contracts, supplies,
equipment contracts, or consultant and other services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS:
1. That the City, Manager is authorized to execute and file applications
on behalf of the City of Wichita Falls with the U.S. Department of Transportation
to aid in the financing of operating assistance projects pursuant to Section 5
of the Urban Mass Transportation Act of 1964, as amended, for fiscal years
79-80, 80-81, 81-82, and 82-83.
417
Item 9g, cont'd.
2. That the City Manager is authorized to execute and file with such
applications an assurance or any other document required by the U.S. Department
of Transportation effectuating the purpose of Title VI of the Civil Rights Act
of 1964.
3. That the City Manager is authorized to furnish such additional information
as the U.S. Department of Transportation may require in connection with the
applications for the projects.
4. That the City Manager is authorized to set forth and execute affirmative
minority business policies in connection with the projects ' needs.
5. That the City Manager is authorized to execute grant agreements on behalf
of the City of Wichita Falls with the U.S. Department of Transportation for aid in
the financing of the operating assistance projects.
Moved by Alderman Boston that Resolution No. 139-82 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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Item 9h
A proposed resolution was presented approving fifth amendment to the contract
with Wichita Valley Water Supply Corporation.
RESOLUTION NO. 140-82
RESOLUTION APPROVING FIFTH AMENDMENT TO WATER PURCHASE CONTRACT WITH
WICHITA VALLEY WATER SUPPLY CORPORATION, EXTENDING THE CORPORATION'S
SERVICE AREA.
WHEREAS, the City of Wichita Falls sells water to Wichita Valley Water Supply
Corporation, who in turn sells water to users located within the areas indicated
in Exhibits "C" and "D" attached to the water purchase contract between the two
entities; and,
WHEREAS, F. T. Johnson, Jr. has applied to such Corporation for water service
at a single family residence located on a 949.418 acre tract out of S. 0. Fowler
Survey, A-78 in Wichita County owned by Mr. Johnson, and such tract is outside of
the service area shown on Exhibits "C" and "D"; and,
WHEREAS, the Texas Public Utility Commission approved the extension of
Corporation's service area to include this tract on July 29, 1982.
NOW, THEREFORE, BE IT RESOVLED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City of Wichita Falls hereby approves the action of the Public Utility
Commission of Texas in so extending Corporation's service area. Further, that
certain Fifth Amendment to Water Purchase Contract, a copy of which is attached
hereto, between the City of Wichita Falls and Wichita Valley Water Supply
Corporation, which allows water service to a single family residence in this
949.418 acre tract, is 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. 140-82 be passed.
Motion seconded by Alderman Russell .
Alderman Shearman stated that we have a citizen within five miles of where we
are right now who is unable to get city water. He is Bill Thom. He lives on the
East side of the Sheppard Freeway, not far from the Iowa Park Road. It seems
kinda rough that some of our people in the City of Wichita Falls are not able to
get city water, and have paid taxes for years and years.
418
Item 9h, cont'd.
Dick Manahan, Assistant Director of Public Utilities, stated that in this
instance the platting process was circumvented. The water main is located on
the north area of that property. He would be glad to set him a meter if he
would pay for and run a service line about 1000 feet. Mr. Manahan stated that
water service is not a tax revenue.
Alderman Shearman asked how much pipe will be used in this request? The
City Manager stated that they will be tying on to Wichita Valley Water Supply
Corporation lines. This has to come back to the Council for approval when
someone else wants to tie on.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Mayor Cook suggested that the staff meet with Mr. Thom to help solve his
problem.
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Item 10a
Permission was requested to advertise for bids for transfer station
equipment, with estimated cost, as follows.
a. One 1 3/4 Rubber Tired Loader - $70,000.
b. One Rubberized Crane - Clam Shell - $40,000.
c. Three 50,000 GVW Truck-Tractors - $151,500.
d. Three Transfer Trailers - $123,000.
Moved by Alderman Shearman that authority be granted to advertise for bids ,
as requested.
Motion seconded by Alderman Hampton.
Alderman Morris asked why we are buying this out of the general fund?
City Manager Stuart Bach stated that it will be paid back into the general
fund next year when bond or revenue sharing funds are available.
Alderman Russell asked why these were not line items in the 1981-82
budget, as is customary with expenditures of this amount? City Manager
Stuart Bach stated that they thought they would have enough money in the
Sanitation budget revenues, but they feel they need to go ahead and purchase
it now. They were not sure what the timing would be on this with the election,
so it was not set in the budget, not knowing what the time table would be.
Mayor Cook asked if the transfer station will be opened on January 1?
Ernest Lillard stated that they have been assured by the contractor that
it will be ready by that date.
Alderman Morris asked if we would be using new type bid specifications
on bid bonds and performance bonds? Ernest Lillard stated that they would
be standard specifications. The Council requested that the new type specifi-
cations be used.
Alderman Wilson stated, that he does not have a problem with advertising
for bids, but that he does have a problem with the funding. We can take up
the funding at the time bids are received.
Fred Werner, Chief Accounting Officer, stated that in the general equity
funds, we have 6.3 million of 6.7 million unreserved. tie was personally afraid
that it might hurt our bond rating if we reduced these funds to 2.7 million.
We will need 3.5 million to met the payroll after October 1 until taxes begin
to come in. Alderman Wilson requested that Mr. Werner check with the bonding
companies to see if this would hurt our bond rating.
The motion to advertise for bids was carried unanimously.
- - - - - - - - - -
419
Item 10b
Permission was requested to advertise for bids for police video training system.
Moved by Alderman Wilson that authority be granted to advertise for bids , as
requested.
Motion seconded, by Alderman Morris.
Mayor Cook inquired if we sought any kind of professional advice on the type of
equipment we need? Police Chief Harrelson stated that we had good input from
specialists in this area, and mentioned several people and agencies they have checked
with. He wanted to be sure they were buying updated equipment. Alderman Shearman
explained some of the features.
The motion was carried unanimously.
- - - - - - - - - -
Item 11a
Recommendations of the flood control task force were presented.
Alderman Wilson stated that these recommendations were unanimously supported
by the task force. Some can be initiated now, and some things will need to be taken
under study. He suggested that we move ahead with these things with great speed.
Alderman Shearman noted that there are some families who live on the end of
Lake Park Drive, and the apartments, which receive considerable flooding. He would
suggest that we take a good strong look at the levee that would run North and South-
east of Holliday Creek, to re-channel this water back into Holliday Creek. It might
alleviate some flooding in this area. Mayor Cook agreed, but suggested that it be
looked at by the flood control task force at a later date. Alderman Shearman felt
that when the larger pumps go into Colonial Park, we should take a look at this so
that water will not be pumped back on some other people.
Ernest Lillard, Director of Public Works, suggested that this be made a part
of the comprehensive drainage plan and it could be analyzed by the flood control
task force. He stated that the basin as a whole needs to be looked at.
Alderman Shearman stated that he would like to see us try to get the plan and
improvise it when the pumps go in.
Alderman Wilson noted that there is not a basis for the task force to make a
recommendation without the topography available. Additional information is needed.
Mayor Cook explained that this is not the final report from the flood control
task force. These are just the first recommendations to the Council .
City Manager Stuart Bach stated that they are looking at a turn-key job of
design and installation of the Colonial Park pumps.
Alderman Wilson noted that the County is cooperating with us in the removal
of the Fort Worth Street bridge, and hopefully this is just a beginning of other
cooperative efforts between the City and County.
Alderman Morris commended the members of the flood control task force, and
Alderman Wilson, as Chairman, for their efforts and recommendations.
Moved by Alderman Morris that the recommendations of the flood control task
force be accepted. (Copy attached)
Motion seconded by Alderman Boston.
The City Manager mentioned an urban runoff ordinance and drainage requirements
of the City's streets. It was explained that the task force will address both of
these later.
Kenneth Warnock, 2308 Antigua, stated that he appreciated the rapid action
of the task force. He spoke of the inadequacy of the pumps, and requested a building
moratorium on McGrath Creek until something is done.
420
Item 11a, cont'd.
Johnny Watson stated that 55 families live East of Holliday Creek in Park
Place and Club View Additions, and in Sherwood Forest. He stated that with
the size of the pumps in Colonial Park, water rushed across the golf course
so hard that one man was washed out of his car. He stated that as a member
of the task force, he voted for larger pumps. He does not believe the levee
would be detrimental to the golf course if properly designed. He feels like
this area needs to be protected. With larger pumps they will be subject to
peril . He asked that this be put in simultaneously with the pumps in Colonial
Park.
Mayor Cook stated that the flood control task force will be meeting
further, and these things will be addressed, along with a building moratorium,
etc. He believes it would be shortsighted to take this action before the
task force studies and makes a recommendation.
Alderman Wilson emphasized that he felt it important that the task force
come forth with something they could do now. The recommendations were not
taken lightly. He asked for recommendations from the floor. Maps were
passed out by Mr. Watson. It is important that we work together on this .
He would much rather they would have a package they could address in total ,
but some things are not ready to address.
Mrs. Martin, on Antigua Street, stated that the Lake Park area flooded
more than 20 years ago, before Colonial Park was developed.
The motion to accept the recommendations was carried unanimously.
- - - - - - - - - -
Item 11b
Appointments to boards and commissions were considered. Mayor Cook
confirmed that these vacancies were advertised, and they have received no
other applicants.
Moved by Alderman Russell that Mrs. Gerry Awtry, Mrs. Martha Conner, Mr.
Lynn Hammond, Mrs. Betsy Harper, Lt. Col . Joseph Koncelik, Joseph McGraw, and
Mrs. Billie Woodard be reappointed to the Public Responsibility Committee to
the MHMR Board, for terms to expire August 31, 1983.
Motion seconded by Alderman Boston, and carried unanimously.
Alderman Morris wondered if this Board is really needed. The City
Manager stated that it is required by the state MHMR.
Moved by Alderman Hampton that Wayne Tarkington and Charles Henry be
reappointed to the Motor Vehicle Salvage/Junk Yard Commission, for terms to
expire August 4, 1983.
Motion seconded by Alderman Russell , and carried unanimously.
- - - - - - - - - -
Item 11c
Mayor Cook explained that under the item of other business, the Council
cannot discuss or take any action.
David Brock, 1209 21st Street, opposed the additional $10,000 proposed
expenditure for Bellevue Park. He stated that this park is being renovated
to put a statue on, which will not benefit low or moderate income people.
He requested that it be put into a different program.
Johnny Watson spoke on parking meters, stating that he owns four
buildings downtown. He stated that the people downtown did not understand
that the time would be changed on all the downtown meters. He stated that
it was confusing before as to what was being done.
- - - - - - - - - -
The Board of Aldermen adjourned at 8:40 P.M.
421
PASSED AND APPROVED this 7X& day of 1982.
G D. ok, Mayor
r
ATTEST:
Wilma J. Thomas, Uty Clerk
BOARD OF ALDERMEN AGENDA
August 17, 1982
ITEM/SUBJECT: Consider the recommendations of the Flood Control Task
Force.
INITIATING DEPT.: City Manager's Office
COUNIENTARY: During its August 10, 1982 meeting, the Flood Control Task
Force made the following recommendations for City Council consideration:
I. Removal of the California and Ft. Worth Street bridges across Holliday
Creek.
2. Removal, elevation and reconstruction of the Jasper and Holliday Street
bridges across Holliday Creek.
3. Completion of the dredging and cleaning of Holliday Creek including the
cut as the creek flows into the Wichita River.
—4. Installation of pumps in Colonial Park capable of handling a 10-year fre-
quency flood.
5. Provision of standby pumps for Colonial Park from a local or area pump
supplier or pump rental/servicing company.
-6. Employment of an engineering firm to begin design work for Holliday Creek
channel improvements as proposed by the Corps of Engineers.
7. Development of a Comprehensive Drainage Plan for the City.
8. Seek Congressional passage of legislation granting the City credit for
work it performs on the Lake Wichita-Holliday Creek Flood Control Project
so as to protect the project's benefit-cost ratio.
9. Work with State Legislators in pursuit of a $.01 sales tax or other means
of financing flood control and drainage improvements.
Though I have taken some liberties to combine and amplify Task Force recom-
mendations, the above sets forth the basic recommendations made by the Task
Force.
For your further information and consideration, the following is provided:
1. Removal of the Ft. Worth Street bridge is underway. With assistance
provided by Wichita County, the demolition and debris removal work
should be completed by Friday, August 20th.
The cul-de-sac and Perigo Street improvement work will be added as a
That change
change order to an existing street construction project.
order will be presented to the City Council for consideration during its
September 7th meeting. If approved, and weather permitting, the im-
provements should be completed within 30 days after authorization.
The right-of-way needed for the access road associated with the California
Street bridge removal should be obtained by or before September 24th,
subject to any delays condemnation proceedings might create. Street
Page I of 3 ages
AgendaltemNo. Il.a.
FIFTH AMENDMENT TO WATER PURCHASE CONTRACT
WITH WICHITA VALLEY WATER SUPPLY CORPORATION
This Fifth Amendment to Water Purchase Contract made and
entered into this the 17th day of August, 1982 , by and between
the City of Wichita Falls, Texas and Wichita Valley Water Supply
Corporation,
WITNESSETH:
WHEREAS, the City of Wichita Falls and the Wichita Valley
Water Supply Corporation entered into a water purchase contract
dated March 19 , 1974 , and the parties desire to make a fifth
amendment to such contract.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
Said contract dated March 19 , 1974 is hereby amended by changing
Exhibit "C" by extending the service area shown thereon to include
such 949. 418 acre tract out of S. 0. Fowler Survey, A-78 in Wichita
County, owned by F. T. Johnson, Jr. , which tract is crossed by Highway
25 north of Kadane Corner; such extended area is shown on the exhibit
attached to this amendment.
Within this extended service area, Corporation is authorized to
connect to their water system only one single-family residential unit.
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 , TEXAS
By:
City Manager
ATTEST:
City Clerk
WICHITA VALLEY WATER SUPPLY
CORPORATION
By:
President
ATTEST:
Secretary