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Min 06/01/1976165 Wichita Falls , Texas Memorial Auditorium Building June 1, 1976 Items 1 & 2 The Board of Alderman 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: J. C. Boyd, Jr. Mayor Hardy McAlister Dr. Guillermo Garcia X Bill E. Gowan Aldermen Ray Ashbrook X W. E. Ryle Jerry F. Mathis Gerald Fox City Manager H. P. Hodge, Jr.City Attorney Gerald Carlson City Clerk Wilma J. Thomas Deputy City Clerk The invocation was given by R. M. Castle of Mt. Pleasant Baptist Church. Item 3 Moved by Alderman Garcia that minutes of the meeting held May 18, 1976, be approved. Motion seconded by Alderman Gowan, and carried unanimously. Mayor Boyd suggested a slight change of wording in his remarks concerning possession and consumption of alcoholic beverages in certain parks. He noted that "education and religious training and enforcement of the law" is the correct approach. This was unanimously accepted by the Council. Mayor Boyd expressed appreciation to all those who have made their views known on this matter. Alderman Gowan stated that some of the correspondence which he has seen indicated a misconception of what was done. This ordinance allows possession and consumption, but does not allow the sale of alcoholic beverages in the parks included therein. Item 4a Jim Holland was honored as Employee of the Month. He was applauded by the City Manager for his work in the Personnel Department. Mayor Boyd presented him with a plaque, along with two tickets to a meal at the Frontier House, and two shows. V Item 4b Mrs . Dan Reed presented a petition to Mayor Boyd for reconstruction of North Beverly Drive from the old Iowa Park Road to Maurine Street. She stated that 30 buses travel that street each day. This does not include the City View buses. There are three almost new schools out there. The street is so narrow that two buses can hardly meet. Children walk beside this street in the mud. Water stands in front of the fire station all time. Garbage trucks run in the ditches. The street is worn down on all sides. She requested that something be done about this dangerous street. She stated that she was told in 1974 that it would be reconstructed in 1975. The City Manager stated that if it was merely the fact of reconstructing the street it would be a high priority. The major problem in this area is a substantial amount of drainage which will have to be taken back one-half mile south of the Iowa Park Road. The engineers will continue the design of this drainage program. If it is approved , the drainage will be constructed during 1976, and the street reconstructed in 1977. Ernest Lillard noted that the drainage on Ridgeway and Loop 11 does not take care of it on North Beverly. They did not realize the drainage was this bad until they began looking at it for reconstruction. He estimated drainage costs to be approximately 166 Item 4b, cont'd. 100,000. The cost of street curb and gutter will be mostly assessable to the property owners, and the reconstruction will be considerably less than the drainage. Item 5a A proposed general revenue sharing appropriation ordinance was presented. ORDINANCE NO. 3090 7 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Garcia that Ordinance No. 3090 be passed. Motion seconded by Alderman Ryle. Alderman McAlister objected to the precedent the Board of Aldermen would be setting if they use revenue sharing money to purchase sanitation containers which would only take care of the needs of 20 percent of the City. He feels that the user should pay the cost, rather than revenue sharing funds being used to purchase them. Alderman Ryle stated that he concurs in principle with Alderman McAlister. The reason he agreed to go along with it was because of difficulty in selling this program to the citizens. Alderman McAlister mentioned the same problem in assessment paving and alley paving. Alderman Ryle stated that he feels it is a matter of selling the people that this is a good way to go about it. The City Manager stated that this is seed money, and with this program they would hope to generate some surpluses in order to offset part of the cost of purchasing this equipment for other areas of the City. They might consider increasing all the rates by a small amount so all of it would not come from revenue sharing funds . Alderman McAlister could not see any problem in selling this program. After further discussion it was agreed that the City Manager would prepare a projected rate schedule to determine what would be required in order to take care of future containers and use this money for seed money. This report would be completed in 45 to 60 days. The motion for passage of Ordinance No. 3090 was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Moved by Alderman Garcia that the funding of alley paving materials for a new solid waste system project area be funded by a temporary loan from the general fund to the assessment paving fund up to $250,000, as needed, which will be repaid by assessments as they are received into the paving assessment fund. Motion seconded by Alderman McAlister, and carried unanimously. J Item 5b A proposed ordinance was presented amending Ordinance No. 3015 , deleting the y; appropriation for Martin Plaza parking lot construction.oak ORDINANCE NO. 3091 AN ORDINANCE REPEALING THE APPROPRIATION OF $7,500.00 FROM THE REVENUE SHARING TRUST FUND FOR MARTIN PLAZA PARKING LOT AS APPROPRIATED IN ORDINANCE NO. 3015. Moved by Alderman Ryle that Ordinance No. 3091 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None 167 Item 6a A proposed ordinance was presented determining the necessity for the 1976 Reconstruction Program. YORDINANCE NO. 3092 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS , TEXAS, DESIGNATED AS THE 1976 RECONSTRUCTION PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER AND DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman McAlister that Ordinance No. 3092 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 6b A proposed ordinance was presented determining the necessity for the 1976 Cominunity Development assessment paving program. ORDINANCE NO. 3093 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1976 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Garcia that Ordinance No. 3093 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Tommy Robinson, 708 Jalonick, stated that since the street on which he lives has been paved, many improvements have been made by homeowners. It was even a problem to get a cab when the street was muddy. He appreciates the fact that they are making an effort to get many of these streets paved. People feel they are not getting anything for their tax dollars if the street is not paved. Item 6c V Ed Ilschner presented a request from the Wichita Falls Jaycees for waiver of an ordinance which would allow them to conduct a sidewalk sale on July 3 in the Central Business District. ORDINANCE NO. 3094 ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF ORDINANCES ON JULY 3, 1976 FOR SIDEWALK SALE IN THE CENTRAL BUSINESS DISTRICT. Moved by Alderman Garcia that Ordinance No. 3094 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Alderman McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis. Nays : None 168 Item 7a A proposed resolution was presented authorizing the City Manager to execute 1 a contract with Planning, Inc. to prepare illustrations for Midtown 2000 plan. An estimated cost of $3,200 to $4,000 is anticipated, which will be paid from general revenue sharing fund. RESOLUTION NO. 1817 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PLANNING INC. TO PREPARE ILLUSTRATIONS FOR THE MIDTOWN 2000 PLAN WHEREAS, the Planning Division has undertaken a community renewal plan for the midtown sector; and, WHEREAS, the Board of Aldermen has earmarked funds to contract with a consultant to assist in the preparation of the Midtown 2000 plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute the attached contract with the firm of Planning Inc. of Dallas, Texas for the purpose of preparing illustrations to be included in the Midtown 2000 community renewal plan. Moved by Alderman McAlister that Resolution No. 1817 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis. Nays : None Item 7b A proposed resolution was presented approving purchase of a drainage easement on the 1976 Reconstruction program. RESOLUTION NO. 1818 RESOLUTION APPROVING APPRAISAL OF PROPERTY FOR THE 1976 RECONSTRUCTION PAVING PROGRAM AND AUTHORIZING THE PURCHASE OR CONDEMNATION WHEREAS , it is necessary to acquire the property hereinafter described for construction of the 1976 Reconstruction Paving Program, and , WHEREAS, such property has been appraised by an appraiser employed by the City of Wichita Falls and the amount of the value as determined from the appraisal has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Section No. 1 The project and property to be purchased by Easement is as follows : 1976 Reconstruction Paving Program Drainage Easement 2,201 s.f. of Lot 28, Block D of Ray Massie Subdivision Total value approved in this resolution 325 .00 Section No. 2 The value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls , by Easement such tract of land as is shown on the project right-of-way map. The authorized price to be paid for such tract is the value as determined from the appraisal made by the real estate appraiser employed by the City of Wichita Falls. 169 Item 7b, cont'd. Section No. 3 In the event the City Manager isunable to purchase any such tract for such approved value, 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. Moved by Alderman Ryle that Resolution No. 1818 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 7c A proposed resolution was presented requesting the State to assume control and maintenance of existing Kell Boulevard from Fairway to Holliday. JRESOLUTION NO. 1819 RESOLUTION REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ASSUME ROUTE OF FUTURE US 82-277 (EXISTING KELL BOULEVARD) ONTO THEIR SYSTEM FOR FUTURE MAINTENANCE. WHEREAS, future US 82-277 (Existing Kell Boulevard) is under construction from its beginning point near FM 369 at western edge of Wichita Falls to near Fairway Boulevard, and also under construction from near Kemp Street eastward to near Holliday Street; and, WHEREAS, the section of future US 82-277 (Existing Kell Boulevard) from near Fairway east to Kemp Street has virtually all the right-of-way parcels for future highway construction already purchased by the State Department of Highways and Public Transportation;and, WHEREAS, routine maintenance to the right-of-way only on these sections of roadway are now assumed by the State; and , WHEREAS , the State already maintains the right-of-way on the section between near Fairway east to near Kemp Street; and, WHEREAS , the public interest would be best served by the State Department of Highways and Public Transportation assuming full maintenance responsibilities on all these sections of future US 82-277 (Kell Boulevard) . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: It is requested that the State Department of Highways and Public Transportation assume total maintenance responsibilities for this section of roadway, Future US 82-277 (Kell Boulevard) , from near FM 369 eastward to near Holliday Street. Moved by Alderman Gowan that Resolution No. 1819 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Alderman McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis. Nays : None Alderman Ryle again inquired concerning a sprinkler system along Kell right-of-way. The City Manager stated that the City is working on a plan to present to the State. V" Item 7d A proposed resolution was presented authorizing the City Manager to execute an architectural agreement with Caffee and Associates for Police Department renovation and expansion. Mr. Caffee was the original architect for this building. It was pointed out that the leaking problem was first noticed about a year after the contract was completed when they removed the dirt on the north end. A year or so after that they began noticing leaking in the jail area. Alderman McAlister and others questioned awarding another contract to the same person who made the original mistake. It was suggested that Mr. Fox get in touch with another architect. 170 Item 7d, cont'd. A motion was previously made and seconded to adopt the resolution, but it failed by the following vote: Ayes : None Nays : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis. V Item 7e A proposed resolution was presented approving 1977 and 1978 Urban Systems fFundstobeusedforSpur447 (Eastside overpass) construction. The City Manager noted that we would not be permitted to spend any urban systems funds on other projects because of this allocation. RESOLUTION NO. 1820 RESOLUTION COMMITTING WICHITA FALLS URBAN SYSTEMS FUNDS FOR FISCAL YEAR 1976-77 AND FISCAL YEAR 1977-78 FOR THE CONSTRUCTION OF SPUR 447 FROM 14TH STREET NORTHEAST TO HOMES STREET NEAR S.H. 240. WHEREAS, the Wichita Falls Urban Transportation Study, conducted by the City of Wichita Falls, Wichita County, and the State Department of Highways and Public Transportation in cooperation with the Federal Highway Administration, has established the need for the construction of a highway facility to provide access to the section of Wichita Falls east of the Fort Worth and Denver and the Missouri, Kansas, and Texas Railroad tracks, and; WHEREAS, the State Highway and Public Transportation Commission has designated said highway facility as Spur 447, and; WHEREAS, the Board of Aldermen of the City of Wichita Falls approved Resolution 1810 dated May 18, 1976, which approved the interim Transportation Improvement Program with an annual element indicating said project should be built as soon as funds become available, and; WHEREAS, as said route is on the Federal Aid Urban System of Highways for the Wichita Falls Urbanized Area, and ; WHEREAS , the City of Wichita Falls and the State Department of Highways and Public Transportation have acquired the necessary right-of-way and completed the necessary utility adjustments, and ; WHEREAS, the State Department of Highways and Public Transportation has developed the construction plans for this project with limits from 14th Street northeast to Homes Street near S.H. 240; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls designates this project as its number one (1) priority of Urban System Projects and the City of Wichita Falls is willing to commit its entire Urban System Fund allotment for the next two (2) years (FY 1976-77 and FY 1977-78) for the construction of this project. Moved by Alderman Mathis that Resolution No. 1820 be passed. Motion seconded by Alderman McAlister, and carried by the following vote : Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis. Nays : None L Item 8a AWBidswereconsideredonanestimatedannualsupplyof160,000 pounds of flousilicic acid. It was recommended that the low bid be awarded to Thompson- Hayward Chemical Company in the amount of $4,941.60. fr Moved by Alderman Ryle that the bid be awarded as recommended. Motion seconded by Alderman McAlister, and carried unanimously. 171 Item 8b Bids were considered on an estimated annual supply of data processing paper. It was recommended that the low firm bid be awarded to Data Documents , Inc. for bid option No. 2 in the amount of $13,454.34. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Mathis, and carried unanimously. V Item 9a A proposed resolution was presented approving the final estimate, and accepting the installation of high pressure sodium lighting at various locations in the city. RESOLUTION NO. 1821 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING INSTALLATION OF HIGH PRESSURE SODIUM LIGHTING IN THE CITY OF WICHITA FALLS . WHEREAS, the City of Wichita Falls and Lloyd Thomas Company, Inc. , entered into a contract dated March 3, 1976, wherein the contractor, Lloyd Thomas Company, Inc. , agreed to install High Pressure Sodium lighting and remove existing Mercury Vapor lighting in various areas of the City of Wichita Falls; and, WHEREAS, said installation and removal has been completed in accordance with the plans and specifications ;and WHEREAS, the contractor has submitted the final estimate on this project, which final estimate shows a total amount of work done as $10,073.70, of which 9,398.00 has been paid by the City to the contractor, leaving a balance due of 675.70. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The removal of existing mercury vapor lighting and the installation of High Pressure Sodium lighting in various areas of Wichita Falls , Texas is accepted by the City of Wichita Falls, the final estimate is approved, and the City Manager is directed to pay to Lloyd Thomas Company, Inc. the balance due as shown on such final estimate. Moved by Alderman Garcia that Resolution No. 1821 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis. Nays : None Item l0a Permission was requested to advertise for bids for an estimated annual supply of 350 tons of liquid chlorine. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 10b Permission was requested to advertise for bids for 1976 street seal coat program. Moved by Alderman Gowan that authority be granted to advertise for bids as requested. Motion seconded by Alderman McAlister, and carried unanimously. 172 Item 10d v' Permission was requested to advertise for a slip form paving machine for use in the construction of alley paving improvements. Moved by Alderman Gowan that authority be granted to advertise for bids as requested. 4 Motion seconded by Alderman Ryle, and carried unanimously. Item 10e Permission was requested to advertise for bids for 1400 alley refuse containers. Moved by Alderman Mathis that authority be granted to advertise for bids as requested. C ,-ri Motion seconded by Alderman Ryle, and carried unanimously. i Item 10f Permission was requested to advertise for bids on high pressure sodium street lights for 1976 Community Development lighting project. Moved by Alderman Garcia that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. Item lOg v Permission was requested to advertise for bids for the animal control shelter expansion. Moved by Alderman Gowan that authority he granted to advertise for bids t"t as requested. Motion seconded by Alderman Ryle and carried unanimously. Item 11 Moved by Alderman Garcia that minutes of the meetings of the following boards be received. a. Planning Board - May 12, 1976 b. Traffic Safety Council - May 5 , 1976 c. Park Board - May 25, 1976 Motion seconded by Alderman Ashbrook, and carried unanimously. It was requested that a disannexation policy be prepared for consideration. Item 12a Moved by Alderman Garcia that a public hearing on demolition of hazardous structures be held on July 6, 1976. Motion seconded by Alderman Mathis , and carried unanimously. v Item 12b Moved by Alderman Mathis that Warren Boone be appointed as alternate to the Tax Board of Equalization. Motion seconded by Alderman McAlister, and carried unanimously. 173 Item 12b, cont'd. j Moved by Alderman Gowan that the following appointment and reappointments be made to the Citizens Traffic Safety Council for two-year terms to expire June 10, 1978. Becky Brown - appointed to replace William B. Berlin Trooper John Brown - reappointed Major Charles L. Oxley - reappointed Woody Gossom - reappointed Peggy Marzano - reappointed Louis W. Smith, Jr. - reappointed Motion seconded by Alderman Ryle, and carried unanimously. v Item 12c Appointment of an independent auditor for 1975-76 fiscal year was discussed. It was recommended by City Clerk Gerald Carlson that the firm of Jarratt, Cocke, and Tillery be engaged to perform this audit. Moved by Alderman Ryle that Jarratt, Cocke, and Tillery be authorized to perform the audit. Motion seconded by Alderman Ashbrook. Alderman McAlister stated that he would like to see the audit and informal comments more creative and in tune with city requirements , and not in a textbook form. Wording and terminology is what he had reference to. The motion was carried unanimously. Alderman Mathis requested that the City Manager and Tax Department prepare a list of city based aviation, and the taxes paid on it. He desired to know how many have moved, and how many are attritable to the tax base. Alderman Garcia suggested that a firefighter and police officer be honored at least each quarter in the same way as Employee of the Month. It was pointed out that they are employees the same as other departments, and are so honored each year. Alderman Garcia feels they need special recognition. Mayor Boyd noted that they might look at it under Civil Service rules . Janie Hill appeared, along with her daughter, as director of God is Love ministry. She stated that it is time we do something to help clean up our city, such as restricting bars to certain parts of town. She spoke against prostitution, homosexuality, crime, liquor, dope, and pornography. She voiced concern that a syndicate is moving in on us. Alderman Ryle mentioned a neighborhood association in Lynwood East. He thought perhaps other groups might want to follow if it were functioning satisfactorily. The Board of Aldermen adjourned at 11 :25 A.M. PASSED AND APPROVED this day of 1976. MAYOR ATTEST: CITY CLERK CONTRACT FOR PERSONAL SERVICES COMPREHENSIVE PLANNING ASSISTANCE PROJECT THIS AGREEMENT, entered into on this 1976, by and between Planning Incorporated, herein called the "Contractor" and the City of Wichita Falls, Texas, herein called the "Planning Agency", WITNESSETH THAT: WHEREAS the Planning Agency desires to engage the Contractor to render certain technical or professional services hereafter described in connection with an undertaking which is expected to be partially financed under Section 701 of the Housing Act of 1954, as amended: NOW THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency the services hereinafter set forth in connection with the project of the Planning Agency under Comprehensive Planning Grant No. CPA-TX-06- 16-1154. 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, herein called the "Planning area": Sector 1 SOCIAL ECONOMIC CONSIDERATIONS SECTOR ANALYSIS OF THE WICHITA FALLS URBAN TRANSPORTATION STUDY 3. Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Planning Agency, the services described in Attachment 1. 4. Personnel. a) The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. 1- b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. c) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the Planning Agency. 5. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the services required hereunder shall be completed by July 1, 1976. 6. Compensation. The Planning Agency agrees to pay the Contractor on a reimbursable rate fee basis, using the rates and procedure as indicated in the attached schedule (Attachment No. 1) , subject to a maximum amount of 4,000.00. In no event shall the total fee paid exceed this maximum amount without the prior written approval of the Planning Agency. 7. Method of Payment. The Contractor shall submit a summary of hours worked by labor classification. Payment will be made, however, upon completion of the work and submission of the prescribed number of illustrations and overlays. 8. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Planning Agency shall there- upon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 5 days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the Planning Agency, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 2- Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the Contract by the Contractor, and the Planning Agency may withhold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning Agency. The Planning Agency may terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 10 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Para- graph 8 above shall, at the option of the Planning Agency, become its property. If the Contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total com- pensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. 10. Changes. The Planning Agency may, from time to time, require changes in the scope of the services of the Contractor to be performed here- under. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract. 11. Equal Employment Opportunity. a) The Contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. 3- The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each sub- contractor provided that the foregoing provisions shall not apply to contracts or sub-contracts for standard commercial supplies or raw materials. b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Department of Housing and Urban Development (HUD) may require. c) The Contractor agrees to comply with such rules, regulations, or guidelines as HUD may issue to implement these requirements. 12. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency and no members of its governing body, and no other public official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partner- ship, or association in which he is, directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 13. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or notation) , without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 14. Interest of Contractor. The Contractor covenants that he pre- 4- sently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed of this Contract. The Contractor further convenants that in the performance of this Contract no person having any such interest shall be employed. 15. Findings Confidential. Any reports, information, data, etc. , given to or prepared ar assembled by the Contractor under this Contract which the Planning Agency requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Planning Agency. 16. Officials Not To Benefit. No members of or Delegate to the Congress of the United States of America, and no Resident Comissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 17. Identification of Documents . All reports, maps, and other doc- uments completed as a part of this Contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block) containing the name of the Planning Agency: The preparation of this report, map, document, etc. , was financed in part through a Comprehensive Planning Grant from the Department of Housing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954, as amended, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. 18. Publication, Reproduction and Use of Material. No material pro- duced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The Planning Agency and HUD shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. 19. Audits and Inspections . At any time during normal business hours and as often as the Planning Agency, HUD and/or the Comptroller General 5- of the United States may deem necessary, there shall be made available to the Planning Agency, HUD, and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract and will permit the Planning Agency, HUD, and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. IN WITNESS WHEREOF the Planning Agency and the Contractor have exe- cuted this agreement as of the date first above written. City of Wichita Falls Planning Agency ATTEST:BY Gerald G. Fox, City Manager Contractor BY Title Title or Capacity) 6- Attachment I SCOPE OF SERVICES Midtown 2000 Illustrations This scope of services outlines the ten illustrations to be prepared by Planning Inc . for inclusion in the Wichita Falls Midtown 2000 Plan. The illustrations will fall into three categories: abstract concept diagrams (4) , sketches of design elements 5), and a sketch plan. Each illustration is identified with reference to type, for- mat, and information to be shown. Preliminary illustrations of the concept diagrams are attached to this scope of services to help clarify the information to be repre- sented. The titles, legends, and HUD note* for each illustration will be lettered by the consultant in "Gold Rush" lettering. Detail notes on the illustrations may be lettered in freehand. Multicolor illustrations consisting of multiple overlays will be used in illustrations 8 and 11. All margins will be determined by the Director of Planning. The sketches will be drawn on (size) paper and photographically reduced to be printed according to the specified format. The consultant will provide the Planning Division with all original drawings and the reduced negatives and a set of final prints for each illustration. All work will be completed by July 1, 1976. Existing Midtown Conditions This illustration will be a concept diagram printed on 11" x 164" paper. The Planning Division will furnish a half-tone aerial working print of the midtown sector. The consultant will prepare one (1) overlay to be printed as a composite with the aerial print. The overlay will show the following types of information: The preparation of this report was financed through a Comprehensive Planning Assistance Grant from the Department of Housing and Urban Development. 2- Sector edges Wichita River MK&T, FW&D railroad tracks Kell Freeway right-of-way Brook Avenue Districts with uniform characteristics Three low density residential areas Core business district Hospital district Transitional zone Areas with concentrations of deteriorating structures Concentrations of dilapidated structures The sector edges and districts may be shown with bold line graphics and the areas may be represented with shading. Circulation Through Ramped Curbs This illustration will be a sketch printed on 8z" x 11" paper. The illus- tration may be a ground level perspective of a sidewalk and portions of a street intersection. The sketch may show alternative designs for curb ramps. Other pedestrian-related sidewalk design improvements may also be shown. Parking Lot Beautification This illustration will be a sketch printed on 82" x 11" paper. The illus- tration may be an overhead perspective of a one-half block parking lot showing attractive landscaping and design elements. Circulation and Parking Plan This illustration will be a concept diagram printed on 11" x 164" paper. The Planning Division will furnish a half-tone aerial working print of the midtown sec- tor. The consultant will prepare one (1) overlay to be printed as a composite with the aerial print. The overlay will show the following type of information: Kell Freeway right-of-way Scott Avenue "Y" exchange Major access points Direction of traffic flows Long term parking lots 3- Short term parking lots Pedestrian circulation patterns Accessways Overramps Rail Facilities Other scheduled improvements These improvements may be shown with graphic symbols and shading. Les Beuxarts This illustration will be a group of sketches printed on 8z" x 11" paper. The sketches may show kiosks, planters, trash containers, various landscape materials, pedestrian lights, etc. in cluster fashion. Each cluster should pre- sent a different design style or theme. Suggested Street Beautification Plans This illustration will consist of sketches found in the R/UDAT report and sketches prepared by the consultant. The sketches will be printed on 11" x 164" paper. The negatives or original R/UDAT illustrations showing three suggestions for street beautification will be 'furnished by the Planning Division. The con- sultant will prepare three front elevations of a block corresponding to the three levels of beautification shown by the R/UDAT sketches. The format for presenting the sketches may be determined by the consultant. The sketches may show improved facades, canopies, signs, and sidewalk furniture. Suggested Street Design Plans This illustration will be a sketch plan printed on 81/2" x 11" paper. This illustration may show a design concept of a four block portion of t1e retail core area around the intersection of Scott Avenue and Tenth Street. The design concept may include a mini-park, modified curb lines, pedestrian links to major retail stores, and other design elements. 4- Urban Design and Beautification Plan This illustration will be a concept diagram printed on 11" x 164" paper. The Planning Division will furnish a half-tone aerial working print of the mid- town sector. The consultant will prepare the necessary overlays to be printed as a composite with the aerial print. The overlay(s) should show the following types of information: Areas of intense beautification improvements Areas of moderate beautification improvements Areas to be buffered by an expanded tree planting program Park improvements Greenbelt Neighborhood park Mini-parks Accessways Historical structures Block of historical structures Historical district Individual historical structures New development opportunities Human Resource Development Center Learning Center Educational Complex Municipal Annex Expanded Police Station Civic Center The various parks and beautification areas may be shown with graphic symbols, and the new development may be shown as clusters of structures. Future Land Use Plan This illustration will be a concept diagram printed on 11" x 16k" paper. The Planning Division will furnish a half-tone aerial working print of the mid- town sector. The consultant will prepare one (1) overlay to be printed as a com- posite with the aerial print. The overlay will show the following types of infor- mation: Land Use Districts Low density residential 5- Moderate density residential Recreation Hospital Public Heavy Commercial General Commercial Community facilities Central business district Core retail district Historical district Housing code enforcement areas Midtown 2000 Community Development Plan This illustration will be a sketch plan printed on a large (approximately 24" x 30") folded map to be inserted in a jacket in the back cover of the report. The sketch plan should be an aerial perspective similar to the sketch plan in the R/UDAT report. The illustration should show the following information: Key existing structures Memorial Auditorium Both hospitals Courthouse Sears Backdoor Theater First Baptist Church Entire core retail area Circulation and parking Kell Freeway (simplified) Scott Avenue "Y" exchange Grid street pattern Major traffic circulation routes Parking lots Rail facilities Urban design and beautification Wichita River Greenbelt Parks Pedestrian accessways Areas of intense beautification New development as shown in the Urban Design and Beautification Plan. This illustration should show as much detail as is possible at this scale. The perspective should present a three dimensional effect. 6- 4 Planning Inc. Hourly Rates Coordinator 30 Planner 30 Illustrator/Planner 30 Landscape Architect 25 Production Technicians 18 Clerical 12 Engineer 30