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Min 07/06/1976174 Wichita Falls, Texas Memorial Auditorium Building July 6, 1976 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 8:30 o'clock A.M. , with the following members present: J. C. Boyd, Jr.Mayor Hardy McAlister Dr. Guillermo Garcia Bill E. Gowan Aldermen Ray Ashbrook W. E. Ryle Jerry F. Mathis Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson City Clerk Judy K. Baird Wilma J. Thomas Absent The invocation was given by Reverend Jim Rudd, Highland Heights Christian Church. Item 3 Moved by Alderman McAlister that minutes of the meeting held June 1, 1976, be approved. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 4a A public hearing was opened on hazardous structures. None protested, and the hearing was closed. ORDINANCE NO. 3095 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Gowan that Ordinance No. 3095 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 5a Mayor Boyd presented a plaque of appreciation to Mrs. J. B. Jarratt who served from 1972 to 1976 as a member of the Park Board, and as Chairman during 1976. Item 5b i .' Rex E. Fouts was honored as Employee of the Month. He is a fire equipment operator at Station #4, and has worked for the City since 1945. Mayor Boyd presented him with a plaque, along with two tickets to a meal at El Babo's , and two theater tickets. 175 Items 5c and d Dr. Clifford Burross , along with Dr. Eldo Jones, Dr. Melvin Horany, Dr. Kenneth Bebb, and Dr. C.M. Geyer, appeared in favor of establishing a Family Practice Residency Program in Wichita Falls. The program would provide a family practicetypeoffacilitywheretraineeswouldseeandtreatoutpatients. There would be periodic assignments to the care of hospital patients , emergency room coverage, special clinics , and to preceptorships in private physicians ' offices. Trainees would complete 1 or 2 years of the total 3 year residency in Wichita Falls . It was recommended to establish this facility in one of the city hospitalsbecauseoftheproximitytolaboratoryandradiologicservices. Bethania and Wichita General Hospitals have expressed an interest in housing the facility. The budget for 1977 was estimated at $184,000. Southwestern Medical School would provide $36,000 toward the annual salary of the full-time director. Additional funds from federal and state programs along with other sources, are anticipated. Mrs. Mary Jo Dudley of the Junior League appeared endorsing the Family Practice Residency Program. Moved by Alderman Gowan that the Family Practice Residency Program in Wichita Falls be approved and that the city and county contribute whatever amount to the Program that is to be agreed upon. Motion seconded by Alderman Mathis and carried unanimously. It was suggested the city and county each contribute 50 per cent for the funding of the program. Moved by Alderman McAlister that the city fund 50 per cent of the estimated budget for the Family Practice Residency Program for one year at a time for the three year program. Motion seconded by Alderman Ashbrook and carried unanimously. y Ttem 5e Jack Britton, sales manager for Channel 6, appeared concerning tennis courts in Lamar Park area. He presented the Council with a petition with 750 signatures requesting two tennis courts be built in Lamar Park. He states that Dr. Lee Williamson, superintendent of Wichita Falls Independent School District, said it would serve school and other people as well. The ground would be offered by the school, and up-keep would be handled by the school. Cost of the tennis courts was estimated at $25,000. Item 5f A proposed general fund appropriation ordinance was presented. Joe B. Meissner, Jr. , Chairman of Board of Trustees of Wichita Falls Community Mental Health Mental Retardation Center requested the City to appropriate $45,000 from unappropriated general funds for the purchase of the Fowler Home, and allow the Center to lease it back for a seven-year period with a lease payment of 8,300 annually. After seven years, it was hoped the City would deed the property over to the Center. The Fowler Home will be used to carry out an extended residential care program for mentally retarded adults, 18 years of age and older. ORDINANCE NO. 3096 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3096 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None 176 ti Item 5f, cont'd. A proposed resolution was presented authorizing purchase of Fowler Home Property from Children's Aid Society and lease of property to Wichita Falls Community MHMR Center. RESOLUTION NO. 1823 RESOLUTION AUTHORIZING PURCHASE OF FOWLER HOME PROPERTY FROM CHILDREN'S AID SOCIETY, AND LEASE OF SUCH PROPERTY TO WICHITA FALLS COMMUNITY MENTAL HEALTH MENTAL RETARDATION CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to purchase for the City of Wichita Falls from the Children's Aid Society the Fowler Home property for $45,000.00; further, the City Manager is authorized to make a lease contract covering said property to Wichita Falls Community Mental Health Mental Retardation Center for seven years , with rental of $8,300.00 per year. Moved by Alderman Mathis that Resolution 1823 be passed. Motion seconded by Alderman Ashbrook and carried by the following vote: Ayes : Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None (Alderman McAlister was out of the room) Nr. Dub Dennis, chairman of the Tax Study Committee of North Texas Home- builders Association appeared representing home builders and home owners questioning the appraisals and taxation of the city tax department. He questioned if it was legal to increase appraisal values in only one portion of the city for it to result in increase in taxes for that half for the current year even though the following year there will be reappraisal of the remaining property and result in tax increase on that property. He requested fair and equal taxation for the entire city. He also questioned the practice of increasing tax appraisal during a calendar year making it retroactive to January 1, 1976. j Item 6a A proposed general fund appropriation ordinance was presented. ORDINANCE NO. 3097 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3097 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 6b A proposed water and sewer revenue fund appropriation ordinance was presented. ORDINANCE NO. 3098 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Alderman McAlister that Ordinance No. 3098 be passed. Motion seconded by Alderman Mathis and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle,, and Mathis Nays: None 177 f Item 7a A proposed ordinance was presented accepting certain streets on the 1975 Assessment Paving Program. ORDINANCE NO. 3099 ORDINANCE ACCEPTING IMPROVEMENTS OF NINE (9) UNITS OF THE 1975 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS , AS AO DESIGNATED IN ORDINANCE NO. 2970; DECLARING THE CONTRACT WITH STUCKEY CONSTRUCTION COMPANY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN- EFFECTIVE DATE. Moved by Alderman Garcia that Ordinance 3099 be passed. Motion seconded by Alderman Ashbrook and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 7b A proposed resolution was presented amending paving assessment policy for the1976CommunityDevelopmentAssessmentPavingProgram, and for other assessment paving programs as well . RESOLUTION NO. 1824 RESOLUTION AMENDING PAVING ASSESSMENT POLICY ADOPTED BY RESOLUTION NO. 1656 BY CHANGING THE RATE TO BE ASSESSED AGAINST ABUTTING PROPERTIES AND REAFFIRMING THE POLICY. WHEREAS, by Resolution No. 1656, the Board of Aldermen adopted a policy for assessments against abutting properties for the 1975 Assessment Paving Program; and, WHEREAS, increases in bid prices for 1976 paving programs have indicated that revisions need to be made to the assessment rates established by this policy in paragraphs (a) and (b) of subsection 1 of Section II. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The policy previously adopted by Resolution No. 1656 is hereby amended so that paragraphs (a) and (b) of subsection 1 of Section II shall read as follows: a) Assessment cost for property with frontage on the proposed improvements be at a rate not to exceed $10 per front foot. b) The assessment rate for property abutting the side of the street being improved shall be at a rate not to exceed $7 per linear foot." SECTION II. Such policy, as amended herein, shall apply to the 1976 Community Development Assessment Paving Program, and to all other future paving programs approved by the Board of Aldermen in which part of the cost of the improvements is assessed against the abutting properties . Moved by Alderman Ryle that Resolution 1824 be passed. Motion seconded by Alderman Garcia and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None 178 Item 7b, cont'd. A proposed ordinance was presented approving estimates, awarding contract and setting date for public hearing on 1976 Community Development Assessment Paving Program. ORDINANCE NO. 3100 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE 1976 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS ; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Moved by Alderman Ashbrook that Ordinance No. 3100 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 7c A proposed ordinance was presented providing for the construction of Curb ramps for wheelchair users and a relocation of a 4' sidewalk 1' from the property line or 6' sidewalk adjacent to the curb. There was a discussion on the postal requirements having all new mailboxes located adjacent to the curb so that mail delivery can be made from vehicle service. This will eliminate the first 12' to 2' of a 4' sidewalk constructed adjacent to the curb. A possibility of meandering around the mailboxes was suggested. Moved by Alderman McAlister that this matter be deferred until the next meeting in order to divide the ordinance into two ordinances ; one for the curb ramps, and one for the sidewalks and postal regulations. Motion seconded by Alderman Mathis and carried unanimously. Item 8a A proposed resolution was presented approving an easement for electric service line in Funland. RESOLUTION NO. 1825 RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC TRANSMISSION LINE IN WEEKS PARK BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement, a copy of which is attached hereto, from the City of Wichita Falls to Texas Electric Service Company, for an electric distribution line in Weeks Park to serve Funland, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1825 be passed. Motion seconded by Alderman Mathis and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None 179 Item 8b A proposed resolution was presented approving the Holliday Creek-Lake WichitaStudy. J.I. Jennings appeared concerning the approval of Holliday Creek-Lake Wichitastudyforfloodprotection. He stated this matter needs prompt attention as thefloodinghascausedproblems. We have also seen the cost rise as with KellFreeway, so a decision needs to be made whether to continue the study or not, buttoconcludeitsoweknowwherewearegoing. He requested the City Manager put the specifications in the hands of a contractor and ask what he could do withthisproject. He believes the costs are sensible and stated again that time isoftheessence. Arthur Beyer stated that a goal of the Bicentennial Committee was to cleanupHollidayCreek. Mr. Fox estimated the cost by the Corps of Engineers according to the plantobeapproximately $14,000,000. RESOLUTION NO. 1826 RESOLUTION CONCURRING IN GENERAL WITH THE CORPS OF ENGINEERS ' FLOOD PROTECTION PLAN AT LAKE WICHITA AND HOLLIDAY CREEK, AND MAKING ASSURANCE OF LOCAL PARTICIPATION. WHEREAS, under authority of a resolution adopted February 25, 1938, by theCommitteeonRiversandHarbors, House of Representatives, the Corps ofEngineers, United States Army, has made an investigation of Holliday Creek to determine the feasibility of providing improvements for flood protection atWichitaFalls, Texas; and, WHEREAS, the plan proposed by the Corps of Engineers for flood protection at Wichita Falls provides for rebuilding Lake Wichita dam and constructing achannelalongHollidayCreekfromtherebuiltdamtotheWichitaRiver; and, WHEREAS, it is proposed by the Corps of Engineers that, after construction, local interests perform all operation and maintenance in accordance with regulations prescribed by the Secretary of the Army; and, WHEREAS, the Corps of Engineers has requested assurance of local participation; and, WHEREAS, it is understood that such assurances do not commit the FederalGovernmenttoconstructionoftheproposedimprovements; and, WHEREAS, the City of Wichita Falls, Texas, is interested in the plan ofimprovementproposedbytheCorpsofEngineers, and is fully cognizant of the requirements of local cooperation: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OFWICHITAFALLS, TEXAS, THAT: The Corps of Engineers is hereby advised that the City of Wichita Falls concurs in general with the plan for providing flood protection at Wichita Falls by rebuilding Lake Wichita dam and constructing a channel along HollidayCreekfromtherebuiltdamtotheWichitaRiver, and is willing and able to: a. Provide without cost to the United States all lands, easements, and right-of-way for construction and operation of the project: b. Hold and save the United States free from damages due to construction and operation of the project, except damages resulting from negligence by the United States Government or its contractors ; c. Maintain and operate all works after completion in accordance with flood control regulations prescribed by the Secretary of the Army; d . Perform, without cost to the United States, all relocations and/or alterations of existing buildings , highways, highway bridges, oil well production equipment, sewers, related and special facilities and local betterments including recreation facilities, except railroads, occasioned by construction of the project; 180 Item 8b, cont'd. e. Prohibit encroachment on improved channels in the city limits ; f. Agree to publicize annually flood plain information in the area concerned and to provide this information to zoning and other regulatory agencies and public information media for their guidance and appropriate action, including adoption of such regulations as may be necessary to insure againstincompatibilitybetweenfuturedevelopmentsandprotectionlevelsprovidedby the project. Moved by Alderman Garcia that Resolution No. 1826 be passed. Motion seconded by Alderman Ryle and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None 1, Item 8c A proposed resolution was presented authorizing the City Manager to enter into a contract with Killebrew-Rucker-Associates for completion of a human E,. resource center concept plan. RESOLUTION NO. 1827 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KILLEBREW-RUCKER-ASSOCIATES FOR COMPLETION OF A HUMAN RESOURCE CENTER CONCEPT PLAN. WHEREAS, the concept of a human resource center has received wide support among social service agencies ; and, WHEREAS, the Board of Aldermen has endorsed the concept of a human resource center on April 7, 1975 ; and, WHEREAS, the Board of Aldermen has approved the expenditure of $5,000 from the 1976-77 Community Development Block Grant for the development of a concept plan; and , WHEREAS, the concept of a human resource center has been incorporated in the preliminary draft of MIDTOWN 2000; and, WHEREAS, Killebrew-Rucker-Associates has been involved with human resource facility planning since 1963 and with the concept of this center since January, 1975. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is authorized and directed to enter into a contract with Killebrew-Rucker-Associates for the completion of a Human Resource Center Concept Plan, based on the Scope of Services which is attached hereto. Moved by Alderman McAlister that Resolution 1827 be passed. Motion seconded by Alderman Garcia and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None The Board of Aldermen recessed the meeting at 11 :55 A.M. and resumed again at 1:00 P.M. During this recess, Alderman Ashbrook was called away due to an emergency, and was not present for the remainder of the meeting. Item 8d A proposed resolution was presented establishing a disannexation policy. RESOLUTION NO. 1828 RESOLUTION ESTABLISHING A DISANNEXATION POLICY FOR THE CITY OF WICHITA FALLS. 181 Item 8d, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,TEXAS, THAT: The following policy is hereby established covering disannexation ofterritorybytheCityofWichitaFalls. SECTION 1. All requests and petitions for disannexation of territoryshallbereviewedbythePlanningBoard, which shall make recommendations totheBoardofAldermen. SECTION 2. The Planning Board shall review such a request or petition onlyaftertheOfficeofCityAttorneyhascertifiedthatsuchrequestorpetitionisvalid. SECTION 3. Such petition or request will include the following information: A. A plat specifying accurately the metes and bounds of the territorysoughttobedisannexed, prepared by a registered surveyor; provided, however, this requirement that such plat be prepared by a registered surveyor may bewaivedbythePlanningDivisionifsuchareaiscomprisedoflots , blocks or other tracts which may be accurately described by reference to plats recordedintheOfficeoftheCountyClerkofWichitaCounty, Texas. B. A listing of the City taxes paid on such territory by parcel for each of the preceding five years. C. A typed narrative prepared by the petitioner stating the reasons fortherequestfordisannexation. Emphasis must be placed on both existing andplannedCityservicesavailabletosuchterritory. Specifically, transportation, water, sewer, drainage and park services available to such territory must bediscussed. Moved by Alderman McAlister that Resolution No. 1828 be passed. Motion seconded by Alderman Garcia and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None Item 8e A proposed resolution was presented amending the alley paving policy. RESOLUTION NO. 1829 RESOLUTION ESTABLISHING POLICY GOVERNING PAVING OF ALLEYS, AND REPEALING RESOLUTION NO. 661. WHEREAS, on October 10th, 1966, the Board of Aldermen adopted Resolution No. 661 adopting a policy governing the paving of alleys in the City, after finding that unpaved alleys increased the cost of refuse collection, for the reason that the rough conditions of such alleys reduced the life of the collection equipment and increased the maintenance cost thereof; and, WHEREAS, the Board of Aldermen has decided to implement a new container system of refuse collection in certain residential areas; this new system requires a particular type of container, a particular type of truck, and paved alleys; and, WHEREAS, it appears under these circumstances that the cost of paving such alleys is a proper element to be included in the cost of providing refuse collection, and therefore should be borne by the user by an increase in his refuse rate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The following policy is hereby established, governing the paving of alleys in the City of Wichita Falls , Texas. 182 Item 8e, cont'd. A. When an alley is paved under this program, the users of refuse collection service shall pay the cost of the materials , and the alley will be paved by Cityforces. B. When an alley is to be paved for the container collection system, the Public Works Division shall mail written notice thereof to abutting property owners and refuse collection service users not less than 30 days prior to the beginning of the paving construction; such notice shall show the amount of the charge against each owner or user, based on the length of the property abuttingthealley. Such notice shall also show that, if such charge is not paid within 30 days after the paving is completed, an increased charge to cover the costs of collection and handling, as determined by the Board of Aldermen, will be added to their City utility bills in 36 equal monthly installments. C. If some of the property owners or users in a block other than one provided for in B. above, desire that the alley in such block be paved, then if fifty percent of the portion of the cost to be borne by the owners and users is paid to the City in advance, the alley will be paved by City forces, and the remainder of the portion of the cost to be borne by the owners and users shall be charged to them, based on the length of the property abutting the alley.Notice shall be given to the owners and users as provided in B. above. If any owner or user who made an advance payment, paid more than the charge attributable to his property, then he will be reimbursed for such excess payment from collections received from the other owners and users, after the City has first been paid one hundred percent of the cost to be borne by the owners and users. SECTION 2. Resolution No. 661 is hereby repealed. Moved by Alderman Garcia that Resolution No. 1829 be passed. Motion seconded by Alderman McAlister and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None Item 8f A proposed resolution was presented approving appraisal for purchase of property on Call Field Road. RESOLUTION NO. 1830 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed projects, and, WHEREAS, such property values have been determined by the Public Works Department of the City of Wichita Falls and the amount of the values have been studied by the Board of Aldermen, and copies of the values are 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 projects and properties to be purchased by WarrantyDeedareasfollows : Midwestern Parkway Project From McNiel Street to Maplewood Avenue Property 0.0019 acre out of a 0.2588 acre tract in Block 14, League One, Denton County School Land, in Wichita Falls , Wichita County, Texas, recorded in Volume 1163, Page 137 Deed Records of Wichita County, Texas. 0.0197 acre out of a 3.165 acres tract in Block 14, League One, Denton County School Land, in Wichita Falls, Wichita County, Texas , recorded in Volume 1065 , Page 506 Deed Records of Wichita County, Texas. 183 Item 8f, coned . 0.001 acre out of a 1.5 acres tract in Block 14, League One, Denton County School Land, in Wichita Falls, Wichita County, Texas, recorded in Volume 1033, Page 481, Deed Records of Wichita County, Texas. 0.0053 acre out of a 0.52 acre tract in Block 14, League One, Denton County School Land, in Wichita Falls, Wichita County, Texas , formerly owned by Hughes Development Company. 0.0071 acre out of a 14.88 acres tract in Blocks 13 and 14, League One, Denton County School Land, Wichita Falls , Wichita County, Texas , also being in Block 214 A, Highland Addition, recorded in Volume 631, Page 188, Deed Records of Wichita County, Texas. 0.0014 acre out of a 1.5 acres tract in Block 3, Faith Village Addition, Unit No. 1, Wichita Falls, Texas , recorded in Volume 1099, Page 681, of Deed Records, Wichita County, Texas. Combined total of values approved in this resolution 4,505.00 Section No. 2 The value of such property is hereby approved and the City Manager is hereby authorized to purchase, by Warranty Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts are the values as determined from appraisals made by appraisers employed by the City of Wichita Falls . Section No. 3 In the event the City Manager is unable to purchase any tract for such 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 McAlister that Resolution No. 1830 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ryle, and Mathis Nays : None Item 8 A proposed resolution was presented authorizing the City Manager to renew a lease with Federal Government for property at the airport. RESOLUTION NO. 1831 RESOLUTION APPROVING LEASE AGREEMENT WITH UNITED STATES OF AMERICA FOR SPACE AT MUNICIPAL AIRPORT FOR FEDERAL AVIATION ADMINISTRATION. 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 United States of America, covering space in the Administration Building at the Municipal Airport for the use of the Federal Aviation Administration is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Mathis that Resolution 1831 be passed. Motion seconded by Alderman Gowan and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays: None t Item 8h A proposed resolution was presented authorizing the City Manager to executeacontractwithNortexRegionalPlanningCommissionforCETAFundsinWichita County. 184 v Item 8h, cont'd. RESOLUTION NO. 1832 RESOLUTION APPROVING CONTRACT WITH NORTEX REGIONAL PLANNING COMMISSION FOR MANPOWER SERVICES CONTRACT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That certain contract for the operation of manpower services under the Comprehensive Employment and Training Act of 1973, a copy of which is attached hereto, between the City of Wichita Falls and Nortex Regional Planning Counuission is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . SECTION 2. The City Manager is further authorized to execute such other contracts and subgrants with Nortex Regional Planning Commission and other relevant entities as are necessary to carry out this program. Moved by Alderman Garcia that Resolution 1832 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None Item 8i A proposed resolution was presented authorizing the City Manager to execute a utility service contract with Sheppard Air Force Base. RESOLUTION NO. 1833 RESOLUTION APPROVING UTILITY SERVICE CONTRACT NO. F416127690056 FOR SALE OF WATER TO SHEPPARD AIR FORCE BASE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Utility Service Contract No. F416127690056 between the City of Wichita Falls and the United States of America, whereby the City sells water to Sheppard Air Force Base, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ryle that Resolution No. 1833 be passed . Motion seconded by Aldermen McAlister and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None A proposed resolution was presented changing water rates for the sale of water to Sheppard Air Force Base. RESOLUTION NO. 1834 RESOLUTION AMENDING RESOLUTION NO. 1721, TO CHANGE THE WATER RATES FOR SALE OF WATER TO SHEPPARD AIR FORCE BASE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 1721, adopted by the Board of Aldermen on October 7th, 1975, is hereby amended so that it shall read as follows : SECTION 1. The following contract rates are hereby authorized to be charged for water sold by the City to Midwestern State University and Wichita Falls State Hospital : 185 Item 8i, cont'd. The first 800 cubic feet of water at 54¢ per hundred The next 6,000 cubic feet of water at 38¢ per hundred The next 60,000 cubic feet of water at 33¢ per hundred The next 66,800 cubic feet of water at 29¢ per hundred In excess of 133,600 cubic feet of water at 24¢ per hundred These rates shall become effective October 7th, 1975. SECTION 2. The following contract rates are hereby authorized to be charged for water sold by the City to Sheppard Air Force Base: The first 800 cubic feet of water at 540 per hundred The next 6,000 cubic feet of water at. . 38¢ per hundred The next 60,000 cubic feet of water at 33¢ per hundred The next 66,800 cubic feet of water at 29¢ per hundred The next 133,700 cubic feet of water at 240 per hundred In excess of 267,300 cubic feet of water at. . 200 per hundred These rates shall become effective November 1st, 1975. Moved by Alderman Ryle that Resolution 1834 be passed. Motion seconded by Alderman McAlister and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None v Item 8j A proposed resolution was presented designating Lot 1 of Certain-teed Products Addition to Wichita Falls as an Industrial District, and approving a contract between City and Certain-teed Corporation guaranteeing immunity from annexation under certain conditions. RESOLUTION NO. 1835 RESOLUTION DESIGNATING LOT 1 OF CERTAIN-TEED PRODUCTS ADDITION TO WICHITA FALLS, TEXAS, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH CERTAIN-TEED CORPORATION GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Lot 1 of Certain-teed Products Addition to Wichita Falls, Texas, a plat of which is recorded in Volume 22, Pages 21-22 of the plat records of Wichita County, Texas, being a part of the area located in the extra- territorial jurisdiction of the City of Wichita Falls, is hereby designated as an industrial district in accordance with the provisions of Section 5 of the Municipal Annexation Act, Article 970a of the Revised Civil Statutes of Texas. SECTION 2. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Certain-teed Corporation, whereby the City guarantees the continuation of the extraterritorial status of said Lot 1 of the Certain-teed Products Addition and its immunity from annexation by the City for a period of seven years from January 1st, 1977, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Mathis that Resolution 1835 be passed. Motion seconded by Alderman McAlister and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None Item 8k A proposed resolution was presented authorizing the City Manager to contract with Texas Department of Highways and Public Transportation for Regional Traffic Safety Coordinator Grant. 186 Item 8k, cont'd . RESOLUTION NO. 1836 RESOLUTION APPROVING CONTRACT WITH TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR REGIONAL TRAFFIC SAFETY COORDINATOR GRANT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Texas Department of Highways and Public Transportation providing for Regional Traffic Safety Coordinator Grant, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Garcia that Resolution 1836 be passed. Motion seconded by Alderman McAlister and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None Item 9a A bid for construction of an extension to the Animal Control Building was considered. The bid from Irby Construction Co. , Electra, Texas for $16,748 exceeded the amount budgeted. Moved by Alderman Gowan to reject the bid and advertise again in the fall. Motion seconded by Alderman McAlister, and carried unanimously. Item 9b Bids were considered for color photographic equipment for the Police Department. It was recommended that the low firm bid be awarded to The Camera Shop, Fort Worth, Texas, in the amount of $4,022.41 after applying a 2% discount. Moved by Alderman Ryle that the bid be awarded as recommended. Motion seconded by Alderman McAlister and carried unanimously. Item 9c Bids were considered on a Status Display and Control Equipment for the Police Department. One bid was received from General Electric Co. , Dallas, Texas, in the amount of $8,997.00. Alderman McAlister questioned exactly what we were buying. Chief C.C. Daniel explained this was a electronic display board set up for the two dispatchers showing the location of all patrol cars. There was a discussion on whether the display board was worth $8,997.00 if it could only show locations of approximately 20 patrol cars. Moved by Alderman Ryle to reject the first bid on status display board. Motion seconded by Alderman McAlister. Moved by Alderman Gowan that action on the General Electric Display System be deferred until more information could be obtained. Motion seconded by Alderman McAlister and carried unanimously. v./ Bids were considered on a 20-channel Logging Tape Recorder for the Police Department. It was recommended that the low firm bid be awarded to Stancil Hoffman in the amount of $15,372.75. Moved by Alderman Ryle that the bid be awarded as recommended. Motion seconded by Alderman McAlister, and carried unanimously. 187 Item 9d Bids were considered on an estimated annual supply of 350 tons of liquid chlorine. It was recommended that the low firm bid be awarded to Thompson- Hayward Chemical Co. , Dallas, Texas, in the total amount of $68,250.00. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Gowan and carried unanimously. vltem 9e Bids were considered on 1400 refuse containers. It was recommended that the low firm bid be awarded to Duncan Equipment Inc. , Arlington, Texas, for $161.50 per unit. Moved by Alderman Ryle that the bid be awarded for 1400 refuse containers. Motion seconded by Alderman Gowan and carried unanimously. Because the bid was substantially lower than the estimated cost, an additional 300 containers were recommended to be purchased making a total of 1700 containers. Moved by Alderman Mathis that the bid be awarded as recommended for 1700 containers. Motion seconded by Alderman Gowan and failed by the following vote: Ayes : Aldermen Gowan, Mathis Nays : Aldermen Garcia, Ryle, and McAlister Moved by Alderman Mathis that the original 1400 refuse containers be be awarded. Motion seconded by Alderman Gowan and carried unanimously. 1Item 9f Bids were considered on a slip-form paving machine for the Street Department. It was recommended that the low firm bid be awarded to Plains Machinery Co. , Dallas , Texas, in the amount of $73,975.00. Moved by Alderman Mathis that the bid be awarded as recommended. Motion seconded by Alderman Ryle and carried unanimously. Jack Baker, from Shovel Supply Co. , Dallas , Texas, appeared concerning his company's bid. He questioned if both companies were bidding on the same machine. Ernest Lillard stated the equipment submitted does meet specifications. Vltem 9g Bids were considered for Jefferson Street drainage project. It was recommended i that the low bid be awarded to Timmins-Anderson, Inc. , in the amount of $95,605 .88. RESOLUTION NO. 1837 RESOLUTION AWARDING CONTRACT ON THE CONSTRUCTION OF JEFFERSON STREET DRAINAGE IMPROVEMENTS. WHEREAS, The City of Wichita Falls has advertised for bids for the construction of Jefferson Street Drainage Improvements; and WHEREAS, three bids were received, and it is found that Timmins-Anderson Corporation, who bid $95,605.88, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Timmins-Anderson Corporation, in the amount of $95,605 .88 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Timmins-Anderson Corporation for the construction of such improvements. 188 Item 9g, cont'd. Moved by Alderman Garcia that Resolution No. 1837 be passed. Motion seconded by Alderman Mathis and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None Item 9h Bids were considered for the asphalt surface on the 1976 ReconstructionProgram. It was recommended that the low bid be awarded to Dircon Corporationintheamountof $203,000.00. RESOLUTION NO. 1838 RESOLUTION AWARDING CONTRACT ON 1976 RECONSTRUCTION PROGRAM. WHEREAS, the City of Wichita Falls has advertised for bids for the hot-mix asphaltic concrete surface course for the 1976 Reconstruction Program; and, WHEREAS, two bids were received, and it is found that Dircon Corporation,who bid $203,000.00, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OFWICHITAFALLS, TEXAS , THAT: Said bid of Dircon Corporation, in the amount of $203,000.00 is herebyaccepted, and the City Manager is authorized to execute for the City of WichitaFallsacontractwithDirconCorporationfortheconstructionofsuchimprovements. Moved by Alderman Ryle that Resolution 1838 be passed. Motion seconded by Alderman McAlister and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, Mathis Nays : None V Item 9i Bids were considered for the 1976 Seal Coat Program. It was recommendedthatthelowbidbeawardedtoDirconCorporationintheamountof $49,687.50. RESOLUTION NO. 1839 RESOLUTION AWARDING CONTRACT FOR THE 1976 SEAL COAT PROGRAM TO DIRCONCORPORATION WHEREAS, the City of Wichita Falls has advertised for bids for performingthe1976SealCoatProgram; and, WHEREAS, two bids were received, and it is found that the bid of DirconCorporationintheamountof $49,687.50 is the lowest and best bid and should beaccepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OFWICHITAFALLS, TEXAS, THAT: Said bid of Dircon Corporation in the amount of $49,687.50 is herebyaccepted, and the City Manager is authorized to execute for the City of WichitaFallsacontractwithDirconCorporationfortheperformanceofthe1976SealCoatProgram. Moved by Alderman Mathis that Resolution 1839 be passed. Motion seconded by Alderman McAlister and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, MathisNays : None 189 4 Item l0a Permission was requested to advertise for bids for refuse collection vehicles. Moved by Alderman Garcia that authority be granted to advertise for bids as requested. Motion seconded by Alderman McAlister and carried unanimously. Item 11 Moved by Alderman Gowan that minutes of the following boards and commissions be received. a. Board of Electrical Examiners - June 8, 1976 1;,.'' A' b. Planning Board - June 16, 1976 c. Bicentennial Commission - May 20, 1976 d. Aviation Advisory Board -May 26, 1976 e. Traffic Safety Council - June 2, 1976 Motion seconded by Alderman McAlister, and carried unanimously. Mayor Boyd questioned a statement in the Aviation Advisory Board's minutes concerning personal property tax in regard to taxing aircraft being discriminatory according to the total tax program of the City of Wichita Falls. There was a lengthy discussion on whether or not it was legal to tax automobiles. Moved by Mayor Boyd that a resolution be drawn up by the City Attorney reinstating private automobiles on the tax roll. Motion seconded by Alderman McAlister, and failed by the following vote: Ayes: Mayor Boyd, Aldermen Ryle, and Gowan Nays : Aldermen Garcia, Mathis, and McAlister. Item 12a There was a discussion on proposed changes in city voting precincts to be sent to the Justice Department. Deputy City Clerk, Wilma Thomas, submitted two proposals, one which reduced 22 polling places to 12 polling places, and the other reduced 22 polling places to 11 polling places. The reasons for combining were availability of workers at each polling place, compliance with federal guidelines for having bilingual assistance requirements, cost savings to the citizens, and the convenience to voters. Moved by Alderman McAlister that proposal no. 2, reducing the number of polling places from 22 to 11 be sent to the Justice Department. Motion seconded by Alderman Ryle and carried unanimously. Item 12b Consideration was given for the appointment of auditors for year one of Community Development Block Grant, and appointment of auditors for year four of Comprehensive Planning Assistance Grant. It was recommended that the firm of Jarratt, Cocke, and Tillery perform the audits. Moved by Alderman Mathis that the appointment of Jarratt, Cocke, and Tillery as auditors for Community Development Block Grant I and Comprehensive Planning Assistance Grant IV be passed. Motion seconded by Alderman Ryle and carried unanimously. Item 12c Consideration was given for the expenditure of appropriated Federal Revenue Sharing Bicentennial Project Funds. Alderman Garcia read a statement from Dr. Beyer requesting the $6,500 be used for burial of the Bicentennial Time Capsule. j. This would include site construction, a monument, labeling, and packaging and documenting articles preserved inside the capsule. 190 Item 12c, cont 'd. Moved by Alderman Garcia that the $6,500 be used for the Bicentennial TimeCapsuleproject. Motion seconded by Alderman Ryle and carried unanimously. Alderman Mathis publicly thanked the Bicentennial Committee for theirefforts. Mayor Boyd gave Mr. and Mrs. Hutton,of Hutton Jewelers, special recognitionfortheworkdoneonthereplicaoftheDeclarationofIndependence. V Item 12d Moved by Alderman Mathis that Mrs. Phillip Carpenter, Larry Lambert, and Cecil Streich be reappointed for the Wichita Falls Community MHMR Center BoardofTrusteeswithtermsexpiringonJuly10, 1978. No action was taken on Dr.William Rector. Motion seconded by Alderman Ryle and carried unanimously . Moved by Alderman Garcia that Howard Watson be reappointed to the Board ofAdjustmentandAppeals, term expiring May 23, 1980. Motion seconded by Alderman McAlister and carried unanimously. Moved by Alderman Gowan that the following appointments and reappointments be made to the Board of Electrical Examiners for two year terms to expire May23, 1978. Mac Lovelace - appointed to replace Floyd BrowningM. F. Kiser - appointed to replace Randy Kimbler Dan Shine - reappointed Motion seconded by Alderman Ryle and carried unanimously. Moved by Alderman Ryle that M.R. Naylor and Dewey Nicholson be reappointedtothePlumbingAdvisory3oardfortermstoexpireMay23, 1978. Motion seconded by Alderman Gowan and carried unanimously. v'Item 12e There was a discussion of a data processing committee to advise theCounciloncomputerrelatedtechnicalmatters. It was recommended that an EDPSteeringCommitteeconsistoftheCityManagerand/or Assistant City Manager,Data Processing Manager, Director of Finance, City Clerk, Director of PublicWorks , Planning Director, Police Chief and two members of the City Council. Moved by Alderman Mathis that action be deferred on this matter until alaterdate. Motion seconded by Alderman Ryle and carried unanimously. Moved by Alderman Mathis that the Evaluation Committee submit its report ona12monthbasisinsteadof18months. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen Garcia, Gowan, Ryle, Mathis Nays : Alderman McAlister Item 12f Russel J. Ballard appeared concerning the drainage ditch on his propertymakingitimpossibleforhimtoputinsidewalksandsewerlines. He asked whoheshouldcontactconcerningthis, and also the weeds that need to be cut, andthemaintainingofthebridge. He was advised to check with Ernest Lillard,Joe Smith, and Dr. Parker. The Mayor requested reports from each concerningtheresults. 191 N_Item 12f, cont'd. Gerald Carlson, City Clerk,advised the Council on the problems Gold Cross Ambulance were having concerning their auditing since this is the first time their books have been audited. The report was due 90 days after the end of their fiscal year of March 31 ; however, Mr. Carlson stated this report would be at least two weeks late. Mayor Boyd presented a letter from Jewell Oakes raising several questions about Kell Freeway. She asked where the original contract entered into was ; the legality of Kell Freeway, if the State of Texas can go above the people's vote; and how many roads or highways have been started and completed that were voted for. Moved by Alderman Mathis that the meeting be adjourned. Motion seconded by Alderman McAlister, and carried unanimously. The Board of Aldermen adjourned at 4:400 P.M. l PASSED AND APPROVED this /,<C. day of 1976.. t 1 MAYOR ATTEST: CITY CLERK DISTRIBUTION EASEMENT AND RIGHT-OF-WAY ay r THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF j Thst THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS herein referred to in the singular, whether one or more) of Wichita County, Texas, for and in consideration of ONE AND NO/100- MNM....N.flollars ($..1_.0.O to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell andconveyuntothesaidCompany, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out by said Company, along, over, under, across and upon the following described lands located in. County,Texas, to wit: Being described as a tract of land known as Funland out of Weeks Park of the City of Wichita Falls out of the-__John- A.- Scott Survey 8, Abstract. 295, Wichita County, Texas, and being more particularly described in that certain plat as recorded in Volume 3, Page 90, Plat Records of Wichita County, Texas, to which reference is made for all purposes. The centerline of the ten-foot wide easement herein granted is described as follower BEGINNING at a point in existing distribution line, said point being 383 feet .North of the North Right-of-Way line of Southwest Parkway and 352 feet West of the West line of Block 11 out of the Park Place Subdivision; THENCE South 210 East 160 feet to a point. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same generaldirectionofsaidlines; the right to relocate said line in the same relative position to any adjacent road if and as such road iswidenedinthefuture; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur-tenances on said line; the right to prevent the construction of,for a distance of 5 feet on each side of the actual center of saidline, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter-fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cutdowntreesorshubberywithin, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, asmaybenecessarytopreventpossibleinterferencewiththeoperationofsaidlineortoremovepossiblehazardthereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company,its successors and assigns,until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and assi , against every person.-Whpmsoever. lawfully claiming or to claim the same or any part thereof. WITNESS ._._. -7?-1-47._.__ hand this.....__.._.._.._..__... day of aC. .ct _._IB. Company Agent or THE CITY OF WICHITA FALLS, A MUNICIPAL Employee Securing Easement: ATTEST t CQFURAPIO '+" BY: f erald" `bx, Cit Manager 2- 7-0-14 1• T rnt......s e r;1-.• rl orlr - i t „ . 2 0 a c4 p. o la i z a p V M- 0 O4A 0 AI b U c o w W U g"" E O 4 E Q a, Kg 2 d m s C m 0 nCOI V F r, O O W y I4 gyco Lev H U H U W . 0 o o Y 0U M El 74 g U Z Li-:10 g MA Y M E4 1 O el 4 H H W4 x 5 o o b P.b d d 5 ,c, cn co E-3.om un 0 7 111 o Y >+ Z 00 Pr 7 H F E+ 441-: a a m Ill g •d N w a : 5 5 d W THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that "he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in arid for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas- THE STATE OF TEXAS r' COUNTY OF WICHITA PRE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared EtY P Li 9",Gerald Fox, City Manager known to me to be the person and officer 11 s'I a e•Apeacribed to the foregoing instrument and acknowledged to me that the same was the act of the said T'$E CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION 44.7.e falat he executed the same as the act of such corporation for the purposes and consideration therein• xpr- eR' nd.n capacity therein stated. r 1;c/f %GIVENT. l'Q MY HAND AND SEAL OF OFFICE this the /64( ay of t A. D. 19 fn i / otary Public in and for eW Chita unty,Texas. I WrrJMA J. THO !AT ATTACHMENT 1. SCOPE OF SERVICES CONCEPT PLAN FOR HUMAN RESOURCE CENTER This Scope of Services outlines the work to be done in preparing the Concept Plan for the Human Resources Center. The work will be comprised of four components described below: 1. Meet with potential participating agencies and conduct required research and analysis.This will involve conferences with various agencies and with the City staff. 2. Prepare site plans for the entire Human Resources Center area at a scale of 1"= 100' on sheets 22" x 36" using overlays to indicate the phases of development. This will indicate the relationships of the various proposed elements and illustrate means of circulation and concentration of masses. 3. Prepare three character illustration sketches. These will illustrate a possible architectural character of the potential elements of the Human Resources Center and will indicate the relationship and scale. 4. Prepare and publish one hundred (100) presentation packages. These will be reproductions of the site plans and the illustration sketches in a three color technique and will be contained in a folder indicating the scope and features of the proposed Human Resources Center. FEE SCHEDULE 1. Principal, 32 hours x $40.00 1,280.00 2.Principal, 8 hours x $40.00 320.00 Technical Personnel, 32 hours x $20.00 640.00 3.Principal, 8 hours x $40.00 320.00 Technical Personnel, 32 hours x $20.00 1,600.00 4. Materials and Printing 700.00 TOTAL 4,860.00 FEBRUARY 1 FORM 2 GOVERNMENT e._ . / J 3FEBRUARY1965EDITIONU.S. jC) IGENERALSERVICES FOR A q ADMINISTRATION LEASE FOR REAL PRO?RR h W FPR(41 CFR)1-16.601 DATE OF LEASE LEASE NO, DOT-FA77SW-1020 THIS LEASE, made and entered into this date by and between I 1 LLy CITY OF WICHITA FALLS, TEXAS Municipal Airport whose address is Route 4, Box 72-E Wichita Falls, Texas 76307 and whose interest in the property hereinafter described is that of owner 1 4 I hereinafter called the Lessor, and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, convenant and agree as follows: ' 1. The Lessor hereby leases to the Government the following described premises: A total of 2,554 square feet of bare space located in the Airport Administration Building on the Wichita Falls Municipal Airport, Wichita Falls, Texas; and as more particularly shown in Paragraph 9, Space Occupancy Schedule 'hereof. d6'.' ewe* 1 1 to be used for Flight Service Station and Airway Facilities Sector Shops t ':.. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 1 July 1976 through 30 September 1976 subject to termination t" and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $13}483.19 Is at the rate of$ 3,370.80 per Goveulm ent---qua ;tex in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: Lessor wholly or in part 1 4. The Government may terminate this lease/at any time by giving at least 30 days' notice in writing 1 to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be com;uted commenc- ing with the day after the date of mailing. gg i 5. This lease may he roneworl at thr ul,tinn of t1'r, nr,r',n,,,, f.,. ,:• f,,i1,..-:,,: i.r+vr ?; l .0 d.. . ,;1 , rti, M t JS. WNW provided notice be given i ' ng to the Lessor at least days before the end of the original lease term or any ren m; all other terms and conditions of this lease shall remain the same during any renewal term. 2-105 4 q... T+.,L;4F N- ? S.-- .j a -i saFPPYf t ai.• y, b fi t i ,i_y;-+( f-e' f'.. 4a c. . v' L ; 1. i- ._ Y r S 6. The Lessor shall furnish to the Government,as part of the rental consideration,the following: Janitorial, custodial and utility services as more particularly set forth in Articles 18 through 19 attached hereto. T tnary 7. The following are attached and made a part hereof: 1. The General Provisions and Instructions (Standard Form 2-A, May 1970 edition). 2. Special Lease Provisions (Articles 9 through 19( Aurelia v`c 8. The following changes were made in this lease prior to its execution: 1 Article 5 was deleted; Article 11 on Standard Form 2-A was deleted; The words "wholly or in part" were added to Article 4; and Article 17 and 18 and Amendment 2 noted as Page 3 were added to Standard Form 2-A. s„ is IN WX'ITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR . CITY OF WICHITA FALLS, TEXAS 1 BY Signature) Signature) IN PRESENCE OF: Signature) Address) UNITED STATES OF AMERICA i I 1 Vi eY -i.f(_ " % Contracting Officer MICHEL D. HINTON (signature) Official title) STANDARD FORM 2 a U.S.GOVERNMENT PRINTING OFFICE:1965 0-779-S71 I FEBRUARY 1965 EDITIONS 7,7 :4V-/020 LEASE NO. : DOT-FA7-eSt3 286°` WICHITA FALLS FSS/SFO WICHITA FALLS, Litwin,: SPECIAL LEASE PROVISIONS wo,,`'" J ..._ 9. SPACE OCCUPANCY SCHEDULE i;k: Janitorial FACILITY Bare Space Custodial Bare Space Rental Rate Service Rate Total FLIGHT SERVICE STATION Sq. Ft. 3.28 2.20 Annual Cost Chief's Office 110 360.80 242.00 602.80 FSS Sec. Office 128 419.84 281.60 701.44 e,- Operations Room 501 1,643.28• 1,102.20 2,745.48 0 , Examine Room 168 551.04 369.60 920.64 Equipment Room 495 1,623.60 1,089.00 2,712.60 Telco Room 92 301.76 127.88 429.64 Storage Shelf Area 72 236. 16 158.40 394.56 Training & Ready Room 315 1,033.20 693.00 1,726.20 1,881 6,169.68 4,063.68 10,233.30 AFSFO r° SFO Maint, Chief' s 132 432.96 290.40 723.36 Office Gen. Mech. Shop 217 711.76 301..63 1,013.39 Gen. Mech. Shop 116 380.48 161.24 541.72 Engr. Generator Rm. 208 682.24 289. 12 971.36 673 2,207.44 1,042.39 3,249.83 TOTAL 2,554 8,377.12 5,106,07 13,483.19 7,r, NOTE: Janitorial & Custodial Service - 1921 sq. ft. x $2.20 = 4,226.20 t ' Custodial Service Only (no Janitorial) 633 sq. ft x $1.39 = 879.87 Net Sq. Ft. Rental area 2,554 sq. ft. x $3.28 = 8,377.12 Total 13,483.19 10. RENEWAL OPTION: This lease may at the option of the Government be renewed from year to year at an annual rental of thirteen thousand four hundred eighty-three and 19/100th Dollars ($13,483.19) , and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives 30 days notice that r it will not exercise its option before this lease, or any renewal thereof expires; PROVIDED, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September, 1981; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. The initial term of the lease shall be as stated in Paragraph 2; slonnwr t,_._‘•, ash tr h 5. we`" .3-,- L Tc_ +.y c K T- 4 +•- 4-1-..-,,_ r-' V'- Sy r'r •+r .-, ,;... r.,4.%. 3,3, ...,,,++ ' 'x la .,•r-a„ ? a-r b ;Tilei 'tta it,J3p6."±5._t 5i-.r4 6 1-"t,K. t ... c •f t.f sc• 7 Sls/ /G.26 LEASE NO. : DOT-FA7-6-SW- WICHITA FALLS, FSS/SFO WICHITA FALLS, TEXAS subsequent teLms if renewal rights of this said paragraph are exercised, are: October 1, 1976 through September 30, 1977; and thereafter October 1 through September 30 of succeeding fiscal years. CANCELLATION. The Government shall have the right and privilege to cancel this lease at any time during the teLLs of this lease or during the term of any renewal thereof upon giving the lessor thirty (30) days' notice in writing, such notice to be from the date of the postmark on the envelope in which such cancel- lation notice is mailed, and no rentals shall accrue after that date: EXCEPT, That portion of the lease pertaining to custodial and utilities services, which may be renegotiated by either party upon thirty (30) days ' notice as defined above, and the monetary consideration of this lease adjusted therefor. 12. VEHICLE PARKING. The lessor shall provide, free-of-charge, parking space for Government-owned vehicles. The lessor further agrees to provide parking space for FAA employees actually working within the leased premises under the same conditions and circumstances granted to all other terminal building occupants and their P- employees, or under conditions of any future understanding reached between sponsors and this agency. 13. REPAIR AND REPLACEMENT OF WINDOW COVERS. The lessor agrees to repair or replace existing lessor-owned blinds, shades, and drapes as may be required and resulting from fair wear and tear during the Government' s occupancy of the leased premises. 14. FUNDING RESPONSIBILITY CLASS I - II FACILITIES The airport owner agrees that any relocation, or replacement, or modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered by this contract during its term or any d' renewal thereof made necessary by airport improvements or changes which im- pair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements or modifications are necessitated due to causes not attributable to either the airport owner or the Government, a_ funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receiver (Tower)Visual Landing Aids wpm iY {'. i=a' `Ff+t..,r '_r wx 7 Y. y-e 4•',' k t°. y 5'x;u r . f7st- /O2c Y `. LEASE NO. : DOT-FA7-S-ti 1?86- p".:; WICHITA FALLS, FSS/SFO WICHITA FALLS, TEXAS Airport Traffic Control Tower Direction Finding Equipment K' Airport Surveillance Radar VOR, TVOR & VORTAC w{' Airport Surface Detection Equipment Instrument Approach) kat` r.,:,••Precision Approach Radar Weather Observing & Measuring EquipmentILSandComponentsowned & operated by FAA)ALS and Components Central Standby Power Plant CLASS II FACILITIES IR itit Long Range Radar VOR and VORTAC (en route only)Air Route Traffic Control Centers Flight Service Station r "''` c, Peripherals (Remote Control Remote Communications OutletF;i:Air-Ground Communication Facility) Limited Remote Communications Outlet Other en route facilities 15. INSTALLATION OF ANTENNAS, POWER CABLES, CONTROL CABLES AND OTHER APPURTENANCES. The Government shall have the right andg privilege to operate and maintain thepresentlyinstalledantennae, cables and wires and other appurtenances on top 1.y,;.of the Terminal Building, or such other location on airport property as deemednecessary, together with the right to operate and maintain necessary connect-ing cable from such installations to the Flight Service Station, provided suchinstallationsdonotconstituteahazardtotheoperationofaircraft. TheGovernmentshallhavetherightandprivilegetoinstalladditionalantennae,I!wires, cables and other appurtenances at the said locations provided approvalforsuchinstallationsisfirstobtainedfromthelessororresponsiblerepresentative. It is further understood and agreed that the Government will 7:,,-:;':,fimperformsuchinstallationandmaintenanceworkonthesaidfacilitiesinsuchw,:^ NM manner as to hold the lessor harmless from any and all damages that may be p „,caused by such work, or any and all damages that may be sustained through thecancellationofthelessor' s roofing bond. The lessor will, however, maintain,ri repair and/or replace installed walkways on the roof for use by the Govern- ment's maintenance personnel in maintaining and servicing its antennae andappurtenances. 11 16. INTERFERENCE WITH TIIE GOVERNMENT'S OPERATIONS. The lessor agrees that in the event of the lessor' s operations or facilitieslocatedonthedemisedpremisescausesinterferencewiththeGovernment' soperationsconductedintheleasedpremises, the lessor shall, upon being 1: notified by the contracting officer, make every reasonable effort to eliminatethecauseofsuchinterference. 17. NON-RESTORATION. The lessor and the Government hereby agree that, upon termination of theGovernment' s occupancy of leased premises, there will be no obligation on the I! Hf FM1'- ,' ' c°F..4 c.x.Y- _+ s• v _. - ' ,.'[ c ; _I .yT ,,, 4 r'S 6 r;. ii n,4 h':w' 77 S ill--10 2 0 LEASE NO. : DOT-F A7-6S-W-l2-S6- WICHITA FALLS, FSS/SFO WICHITA FALLS, TEXAS scan:,:: part of the Government to restore or rehabilitate the property of the lessor. r4 '7;It- is further agreed that the Government may abandon in place any or all x . 7; OW structures or equipment installed in and upon said leasedP premises by theGovernmentduringitstenure. Notice of abandonment of any of the Govern- ment's property shall be, in writing, to the lessor by the contracting officer. 18. UTILITY, HEATING COOLING S YSTEM, AiND REST ROOM FACILITIES. (CUSTODIAL SERVICES) 4 The lessor shall furnish as part of the rental ,consideration the services, y'``` utilities, supplies, including rest rooms stated hereinafter through the r.' ' ` Ilessor's owned and maintained facilities: Ffry a. Heat: The lessor shall furnish an adequate heating system of a capacity to maintain a temperature of 65° F. , whenever the outside temperatureis68° F. , or below. b. Air Conditioning: The lessor shall furnish all equipment and air r4, t.:, conditioning facilities and the maintenance thereof, which shall provide ade- Vi' ` 'i quate air conditioning suitable for the climatic conditions prevailing at the ti_: FilqwwwWichitaFall8Airport, and maintain a mean interior temperature range of II78° F. to 80 F. c. Water: The lessor shall furnish all equipment for a system to supply adequate potable chilled water dispensed through the lessor' s owned and maintained, electrically operated, drinking fountain, established near the demised premises leased by the Government. Potable hot and cold water shall be furnished for use by the Government in the lessor ' s owned and main- 0 y tained male and female toilet facilities located within said premises. mi r rmappw- d. Electricity: Lighting fixtures and electrical outlets, including maintenance thereof but not electricity for operation thereof. Replacement of fluorescent tubes, ballasts, and starters, as required. It will be the lessor's responsibility to dispose of used or replaced fluorescent tubes in ir a safe manner. The Government will contract separately for electricity. e. Sewage: The lessor shall furnish all equipment for a system adequate to provide waste disposal for the lessor's owned and maintained toilet and for waste drains within the leased premises. f. Waste Disposal: The lessor shall dispose of all paper or trash I!collected and removed from the leased premises. 19. JANITORIAL SERVICE SPECIFICATIONS: 2 The lessor shall furnish all labor, equipment, and supplies to provide and s';r;-' accomplish janitorial services for the leased premises as follows: F'ti.:_ it . ir .. .,._ . , . 3„,„,•_,,,,,,..„_.,,::,,,_.... s .:_:,7 4-7•--1.;t:t.:;. -'r'-'T-t.-'''• -•:„‘,,.'5;,,:::_.;,^.-1-%,,•,,",A.,.•,, 7. ,`:,''''', 7,„, --;,--f•;:'".„.,..l."'-.;.4 :.'..,]:.-7--- •,• ..---_ ...,' A J 7 +,Y'fi.*1:0: ',•?.e *N—.,.,+ 2:'r,,,,`Y N,„•••,:, 7' '. k y`,f , 4 ' 7. '' ' 'i ti' . f 1 rf 1. -- ,i:''a.., 7`•- 7'/S(1i-/G'2O LEASE NO. : DOT-FA76SW-1-2-86- WICHITA.FALLS, FSS/SFO WICHITA FALLS, TEXAS I. Janitorial Service Areas Service Schedule All areas leased except those 1) 24 hour use areas y.... which are specified in Paragraph 9, 7 days per week HSpaceOccupancySchedule) 2) 3 hour use areas 7 days per week II. Service Specifications IR a) sjr ,“: xyDaily: 4. w;: w. II 1) Sweep and wet mop all floors, and buff wax floor areas where wax is worn. 2) Empty ash trays and waste paper baskets. fe.' 3) Dust all office furniture, files, and machines. 4) Clean restrooms, male and female, to include mirrors, washbasins, urinals and commodes with a combination of cleansers, disinfectant and odor preventatives. Uri . 1,;;.5) Clean and polish both sides of all door glass panes as r:,.necessary where such doors are installed to include interior building windows. L 6) Clean and disinfect bowl of drinking fountain. b) Two-Week Intervals: 1 1) . Inspect all interior lighting fixtures, lamps, 44 fluorescent, balasts, tubes and starters; replace when required. mi-, 2) Dust all blinds, decorative or window-covering and blind heads to remove dust and other dirt. IST 3) Wax and buff all floor space with a good grade of I: non-skid wax. 4) Wash and wipe dry all wastebaskets. 5) Wash all interior and exterior doors to include door jams. I! c) Six-Week Intervals: All areas 1) Strip all old wax from waxed floors, and rewax with a good grade of non-skid wax, and machine buff to a good finish. I: d) Six-Month Intervals : All areas 1) Wash and wipe dry all exterior building windows. K arm E I a ''`. t t' .. r, ,, ,. y t t r-_ter--7--r-. tr ii ry a, s w- r r y 7 _ [ F. . ,;., k g!d 4 r`t ; A t , - ,- , t ".:i K `"", - .UM LEASE NO. : DOT-EA76-Ss. 86- WICHITA FALLS, i'S /SFO WICHITA FALLS, TEXAS CORPORATE CERTIFICATE I certify that I am the of the City of Wichita Falls, Texas, named in the foregoing agreement; .:. that who signed- said agreement on behalf of the City of Wichita Falls, Texas, was then t'-~--- of the City of Wichita Falls, Texas, that said agreement was duly signed for and in behalf of said City of Wichita Falls, Texas, by authority ofy its I governing body, and is within the scope of its powers. CORPORATE SEAL 4 11 . r E GENERAL PROVISIONS, CERTIFICATION AND INS UC iONS U.S. Government Lease for Real Property GENERAL PROVISIONS 1. SUBLETTING THE PREMISES. contract, or to any.benefit that may arise therefrom; but Qur . The.Government may sublet an this provision shall not be construed to extend to this leaseyypartofthepremisesbut1 shall not be relieved from any obligations under this lease contract if made with.a corporation for its general benefit. k;;':: w. by reason of any such subletting. t rp w`.",c H. ASSIGNMENT OF CLAIMS. 2. MAINTENANCE OF PREMISES. Pursuant to the provisions of the Assignment of Claims The Lessor shall maintain the demised premises, including Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if e the building and any and all equipment, fixtures, and ap- this lease provides for payments aggregating $1,000 or purtenances, furnished by the Lessor under this lease in more, claims for monies clue or to become•due the Lessor good repair and tenantable condition, except in case of from the Government under this contract may be assigned d amage arising from the act or the negligence of the Gov- to a bank, trust company, or other financing institution, ernment's agents or employees. For the purpose of so main- including any Federal lending agency, and may thereafter taming said premises and property, the Lessor may at be further assigned or reassigned to any such institution.Any reasonable times and with the approvaloval of the authorized such assignment or reassignment shall cover all amounts pay-A r.PP'g g P strelGovernmentrepresentativeincharge, enter and inspect the able under this contract and not already paid, and shall not w,,lsameandmakeanynecessaryrepairsthereto. be made to more than one party,except that any such assign- ti:' ment or reassignment may be made to one agentreassignmentpartyas Ill 3. DAhIAGE BY FIRE OR OTHER CASUALTY. y'?,..—_=, -- If the said premises be destroyed by fire or other casualty or trustee for two or more parties participating in such fi- nancing. Notwithstanding any provisions of this contract, this lease shall immediately terminate. In case of partial Payments to an assignee 01 any monies r.ae or to become destruction or damage, so as to render the premises unten_ due under this contract shall not, to the extent provided in table, as determined by the Government, the Government said Act,as amended,,be subject to reduction or set-off. 4 ay terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated 9. EQUAL OPPORTU`ITY CLAlTs1. no rent shall accrue to the Lessor after such partial de- struction or damage; and if not so terminated the rent shall (The following clause is applicable unless tills contract is be reduced proportionately by supplemental agreement hereto exempt under the rules, reg.iiations, and relevant orders of i,,In" effective from the date of such partial destruction or damage. the Secretary of Labor (41 CFlti,ell, 60).) t:rAADuringtheperformanceofthiscontract, the, Contractor ti,4f4. ALTERATIONS.agrees as LO110''s: N,14,,;. .,.,N,14,,;. .,R The Government shall have the right during the existence (a) The Contractor will not discriminate against any em- of this lease to make alterations, attach fixtures and erect P,oyee or applicant for employment because of race, color, additions, structures or signs in or upon the premises hereby religion, sex, action national origin. The Contractor will tape leased, which fixtures, additions or structures so placed in, affirmative action o ensure that applicants are , with utuponorattachedtothesaidpremisesshallbeandremain and that employees are treated during employment, prig n.the property of the Government and may be removed or regard to their race, color, religion, sex, or national origin. otherwise disposed of by the Government. Such action shall include,but not be limited to,the following: N. Employment, upgrading, demotion, or transfer; recruitment 5. CONDITION REPORT.or recruitment advertising; layoff or termination; rates of A joint physical survey and inspection re ort of the de- pay or other forms of compensation; and selection for train- port ing, including apprenticeship. The Contractor agrees to post neaer mised premises shall be made as of the effective date of this in conspicuous places, available to employees and applicantslease,reflecting the then present condition, and will be signed on behalf of the parties hereto. 8 for •employment, _lotices to be provided by the Contracting h zr; Officer setting forth the provisions of this Equal Opportunity 6. COVENANT AGAINST CONTINGENT FEES. clause. b) The Contractor will, in all solicitations or advertise-The Lessor warrants that no person or selling agency has meats for employees placed by or on behalf of the Contractor,Irbeen employed or retained to solicit or secure this lease upon state that all qualified applicants will receive consideration an agreement or understanding for a commission, percent- for employment without regard to race,color,religion,sex,or age, brokerage, or contingent fee, excepting bona fide em- national origin. ployees or bona fide established commercial or selling agencies (c) The Contractor will send to each labor union or repre-maintained by the Lessor for the purpose of securing busi- sentative of workers with which he has a collective bargain-ness. For breach or violation of this warranty the Govern- ink' agreement or other contract or understanding, a notice,ment shall have the right to annul this lease without liability to be provided by the agency Contracting Officer,advising theorinitsdiscretiontodeductfromtherentalpriceorcon- labor union or workers' representative of the Contractor'ssideration, or otherwise recover, the full amount of such commitments under this Equal Opportunity clause, and shallcommission, percentage, brokerage, or contingent fee. (Li- post copies of the notice inconspicuous places available tocensedrealestateagentsorbrokershavinglistingsonprop- employees and applicants for employment.erty for rent, in accordance with general business practice, (d) The Contractor will comply with all provisions of Ex-and who have not obtained such licenses for the sole purpose ecutive Order No. 11246 of September 21, 1965, and of theofeffectingthislease; may be considered as bona fide em- rules, regulations, and relevant orders of the Secretary ofployeesoragencieswithintheexceptioncontainedinthisLabor. a clause.) e) The Contractor will furnish all information and re- 7. OFFICIALS NOT TO BENEFIT. ports required by Executive Order No. 11216 of September 24, 1965, and by the rules, regulations, and orders of theNoMemberoforDelegatetoCongress, or Resident Corn- Secretary of Labor, or pursuant thereto, and will permitmissionershallbeadmittedtoanyshareorpartofthisleaseaccesstohisbooks, records, and accounts by the contracting 1 44'`' Standard Form 2-A General Services Administration-FOR(41 CFR) 1-16.601 May 1970 Edition 2-203 may-3z,, -r't_ „ ;. '.d„ .. . „ r i M J rrta+€<. _,}`'-+- `-S' "` tf... k P.`-mot§'risr r, " g.yt,.°' fta"ji. .s 5-',,,,! ;;-1,' ,. ,.s,..xo rt—'- sr,:rte:'i'.'4,4.' „r4:.-0-... . ''"-i- —.'- r" i.4 ti hers"-" i~ a h'f agr.ocy im, u. 6coretury 0, or for wiry, , e, ,i,s.,,iga- • this :;.chop in ,u._ .u,, e,,.. on :.. tion to ascertain compliance with such rules, regulations,and lent or one in 'nick the. contracting pal ty other than the worders. Lessor has the unilateral right to renew or extend the agree- f) In the event of the Contractor's noncompliance with lent or arrangement, until foe expiration of the existing the Equal Opportunity clause of this contract or with any agreement or arrangement and the unilateral right to renew of the said rules, regulations, or orders, this contract may or extend. The Lessor also agrees that it will take any and be canceled, terminated, or suspended, in whole or in part, all lawful actions as expeditiously as possible,with respect to d the Contractor may be declared ineligible for further any such agreement as the contracting agency may direct, as vernment contracts in accordance with procedures author- a means of enforcing the intent of this sector.,including,but ized in Executive Order No. 11246 of September 24, 1965, not limited to,tel of the agreement or concession and and such other sanctions may be imposed and remedies in- institution of court action. yoked as provided in Executive Order No. 11246 of Septem- xX: ;. xber24,-1965, or by rule,regulation, or order of the Secretary 11. EXAMINATION OF RECORDS. l fir^ ^of Labor,or as otherwise provided by law.T z„ 7S TE.=This provision is applicable-if-this-lease-was-nego- tiatedg) The Contractor will include the provisions of Para tiated 'thout advertising.)graphs (a) through (g) in every subcontract or purchase (a) T i's.Lessor agrees that the Comptroller General of theorderunlessexemptedbyrules, regulations, or orders of the United State,,,,' or any of his duly authorized representativeseSecretaryofLaborissuedpursuanttosection204ofExecu- shall, until tles7ir ation of final paymenttiveOrderNo. 11246 of September 24, 1965, so that such pro- Yeyears rightvisionswillbebindinguponeachsubcontractororvendor. under this lease, naoak.ccess to and the rigl t to examine any The Contractor will take such action with respect to any sub- shall, pertinent it transa umer.ts, papers, and records of the Lessor involving transactions related to this lease.contract or purchase order as the contracting agency may (b) The Lessor further agree -toeinciude in all his subcon-iidirect as a means of enforcing such provisions, including tracts hereunder a provision to the efihat the subcontrac- ams.isanctionsfornoncompliance: Provided, however, That in the tor agrees that the Comptroller General o± ke United StatestaeventtheContractorbecomesinvolvedin, or is threatened until 3orhisrepresentativesshall, anti. the espy ratio of years t-c:with, litigation with a subcontractor or vendor as a result of after final payment under this lease with the Gov ment, i;such direction by the contracting agency, the Contractor may have access to and the right to examine any directly perti ntrequesttheUnitedStatestoenterintosuchlitigationtobooks, documents, papers, and records of such subcontract rprotecttheinterestsoftheUnitedStates. s t ir b'rtxal? etieils eland zo ti:e su'tn ontract. 10. FACILITIES NONDISCRIMINATION. 12. APPLICAiSLE CODES AND i)RRDINANCES0"N(a) As used in this section, the term "facility" means ires, shops, restaurants, cafeterias, restrooms, and any The Lessor, as part of the rental consideration, agrees to other facility of a public nature in the building in which the comply with all codes and ordinances applicable to the own-space covered by this lease is located. ership and operation of the building in which the leased spaceb) The Lessor agrees that he will not discriminate by is situated and, at his own expense, to obtain all necessarysegregationorotherwiseagainstanypersonorpersonsbe- permits and related items. z..,-:.-r^r,'t cause of race, color, religion, sex, or national origin in LyA`;furnishing, or by refusing to furnish, to such person or 13. INSPECTION. persons the use of any facility,including any and all services, i;. privileges, accommodations, and activities provided thereby. At all tares after receipt o2 Bids, prior to or after accept- mss Nothing herein shall require the furnishing to the general arse at any Bid or during a construction, remodeling or public of the use of any facility customarily furnished by the renovation work, the bpremises proper t re building or any parts Lessor solely to tenants, their employees,customers,patients thereof, upon reasonable and i,roper notice shall be accessi- elients,guests and invitees. ble for inspection by the Contracting Officer,or by architects, c) It is agreed that the Lessor's noncompliance with the engineers, or other technicians representing him, to deter- provisions of this section shall constitute a material breach mine as e eer the essential requirements or the solicitation or of this lease. In the event of such noncompliance, the Gov the lease requirements are met. ernment may take appropriate action to enforce compliance,ECONOMY.ACT LIMITATION.may terminate this lease, or may pursue such other remedies 14. yam;as may be provided by law. In the event of termination, the If the rental specified in this lease exceeds ~2,000 per r...:-o:Lessor shall be liable for all excess costs of the Government annum, the limitation of Section 322 of the Economy Act of1inacquiringsubstitutespace, including but not limited to 1932,as amended (40 U.S.C.273a),shall apply. the cost of moving to such space. Substitute space shall beowobtainedinascloseproximitytotheLessor's building as is 15. FAILURE IN PERFORMANCE.feasible and moving costs will be limited to the actual ex- penses thereof as incurred. In the event of failure by the Lessor to providee any, service, d) It is further agreed that from and after the date utility, n,aintenarce or repa rs regnired under ibis e.se,the hereof the Lessor will, at such time as any agreement is to Government shall have the right to secure said services,be entered into or a concession is to be permitted to operate, utilities, maintenance or repairs and to deduct the costincludeorrequiretheinclusionoftheforegoingprovisionsthereoffromrentalpayments. of this section in every such agreement or concession pur- suant to which any person other than the Lessor operates or 16. LESSOR s SUCCESSORS. has the right to operate any facility. Nothing herein con-The terms and provisions of this lease and the conditionstamed, however, shall be deemed to require the Lessor to herein shall bind the Lessor,and the Lessor's heirs,executors,include or require the inclusion of the foregoing provisions of administrators,successors,and assigns. CERTIFICATION 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid,the bidder,offeror,applicant, Applicable to (1) contracts, (2) subcontracts, and (3) or subcontractor certifies that he does not maintain or pro- agreements with applicants who are themselves performing vide for his employees any segregated facilities at any of hisfederallyassistedconstructioncontracts, exceeding $10,000 establishments, and that he does not permit his employees to which are not exempt from the provisions of the Equal perform their services at any location, under his control,Opportunity clause.) where segregated facilities are maintained. He certifies fur- 2 r •Standard Form 2-A May 107. Edition t Tdd Kt,•F'tb4?`o-.;4,;:..~+.`r' c`',;' , z...--7 '` z - : ti' '''„ '' r 4n l'`. r±e;`krr.,• thcr that he will not maintain or provide for his employees' prior to the award of subcontracts exceeding $10,000 whichanysegregatedfacilitiesatanyofhisestablishments, and are not exempt from the provisions of the Equal Opportunitythathewillnotpermithisemployeestoperformtheirservicesclause; that he will retain such certifications in his files;at any location, under his control,where segregated facilities and that he will forward the following notice to such pro-are maintained. The bidder, offeror, applicant, or subcon- posed subcontractors (except where the proposed subcon-tractor agrees that a breach of this certification is a violation tractors have submitted identical certifications for specifictheEgrfialOpportunityclauseinthiscontract. As used in time periods) :r this certification, the term "segregated facilities" means any aiting rooms, work areas, rest rooms and wash rooms, res- NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FORurantsandothereatingareas,time clocks,locker rooms and CERTIFICATIONS OF NONSEGREGATED FACILITIESTitherstorageordressingareas, parking; lots, drinking foun- tains, recreation or entertainment areas, transportation, and A Certification of Nonsegregated Facilities must be sub- 4`r' housing facilities provided for employees which are se e- witted prior to the award of a subcontract exceedingct} gated by explicit directive or are in fact se g X10,000 segregated on the which is not exempt from the provisions of the Equal Oppor-kAlf.basis of race, color, religion, or national origin, because tunity clause. The certification may be submitted either for of habit, local custom, or otherwise. He further agrees that each subcontract or for all subcontracts during a period (i.e., except where he has obtained identical certifications from quarterly,semiannually,or annually). proposed subcontractors for specific time periods) he will ob- NOTE: The penalty for making false statements in offerstainidenticalcertificationsfromproposedsubcontractorsisprescribedin18U.S.C. 1001. NOTE.—The penalty for making false statements in offers is prescribed in 18 U.S.C.1001. INSTRUCTIONS F. 1. Whenever the lease is executed by an attorney, agent, and title of the officer or other person signing the lease ontrusteeonbehalfoftheLessor, two authenticated copies its behalf, duly attested, and,if requested by the Governmentofhispowerofattorney, or other evidence to act on behalf evidence of this authority so to act shall be furnished. of the Lessor,shall accompany the lease. 4. When deletions or other alterations are made specific2. When the Lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the notation thereof shall be entered under clause 8 of the lease lease. The lease shall be signed with the partnership name, before signing. allowed by the name of the partner signing the same. 5. If the property leased is located in a State requiringWheretheLessorisacorporation, the lease shall be the recording of leases, the Lessor shall comply with all such f: .stigned with the corporate name, followed by the signature statutory requirements at Lessor's expense. Pon i„ i i W t. ad 3 u. s. GOVrr,OMT:NT PRINTING OF!Ecr,: 1,73 0-so,-u'r, Standard Form 2—A May 1970 Edition 3.•!.,-` 4` t h, Y.cma .-• 7--v: T. Attachment to SF 2-A - General Provisions ter 1^^;17. LISTING OF EisIPLOYMIENT OPENINGS This clause is applicable purtmant to 41i td) Whenever the contractor becomes con-CFR 50-2fiO If this contract in for e2,6(h) or traetunll hound by the:listin; provisions of Ie) "openings• to which the co a cutter pro- imore.) S by t P poses to 1111 pursuant to a cu.toniarythisclause, he shall tdvlse the employment uu1 tradlllunnl employer-union hiring nr-(o) The contractor agrees, fu order to pro-.q'rviee system fu each State wherein he rei,,(mente merles employment upenurits forfurW vide special emphasis to the employment, of i'erns establishments of the name and local lox which w, enitSlder:alUll will be given to per-mutinied disabled veterans and ve:enure, of l'r each such eetabllshmer:t In the State. As T.wtheVietnamera, that all Suitable employ-Ilene ns the contractor b;contractual: bound s.n:tn "', ei do of n special hiring menage- Y n,cnC, ir,cludlnr;openings which thccontrsic- m eat openings of the contractor which esl,t, le these provisions and has so advised the for pro e,; to nil from union halls, which y. ;.fa:at the time of the execution of this co,. re.-t Mete employment system, there Is no need Is yandthosewhichoccurduringthe ;e rfo. :i- n, adelee the State. s`fitem of subsequent part; of the customer• and traditional 1 hiring relntlanshlp repro exists hclvvhis W",'°""-nt:ce of this contract, lnclud:ne those not rentrncts,. The contrnetor may advise the the cnt,l„icier and representatives of hisgeneratedbythiscontractandInch:di ,!:mate system when it is no longer botu;d by employeesthoseoccurringlitaneetehlbhrnetutherithiscontractclause.than the one wherein the contract is be!ni (e) 'Tat; clause does not apply to the lie.t- ent.lt)Iec![lltotltdisabildisabilitycompensation underperformedbutexcludlnt( thole of lade pentl- entl operated corporate nf:111ntcs, hh:hii be lay, of employment openings which occur laws adutlnlstcrcd by the Veterans Admirals-IW Y 1 and arc flied outside of the 50 States, theofferedforlistingatannppropAntelocal tratluu fur a dyers lty rated at 30 percentueOOcooftheState at anlont service sys,e all District of Columbia, the Commonwealth person whose dlscher{;e or re-cd Puerto Rico, Guam, and the- Virginin le teem or a wherein the opening occurs and to provide. 6 ease from active dui• was for a duly. lit'I Islscd-;. lncnrrc•d or nsuchreportstosuchlocalof::ce era;rvdl:; (( E,l;ravnted 1n line of dote! ) This clause does not apply to open-employment openings and hires may hr, L)s which the contractor proposes to ill (el 'Veteran of the Vietnam era" means a ef,5. :1 w required: Prodded, That If thie contract le from til:itln his own erre,anlzatlon or to fill Pcrsnn ;A) who (1) served on active dot. rfaxlessthan610,000 or If it Is with a State lr,irs aril to a customary and trndltl mnI ' vtth the Armed Forces for a period of more 4,...2`-:•..r local government the reports set forth In employer-union hiring arrangement. This than 180 du a, any i°' ' Y part of which occurred paregraphs (c) and (d) are not require;. rt,lesion does not apply to a perticul;a ratter August 5, lUb4. and was dtschnriled orb) Listing of employment opcnhres ebb "(,cning once an employer decides to r•,;,_ rcicnsed therefrom with other than a des- YiYi the employment service system punt it',t. Alr!er applicants outside of his own organ:_ honorable dtschnr e,-or (I1) was dischargedpI or rcicn.;cd from nctivc duty for service-con- C In Ihls dense shall be made fit Irnst con- znlion or employer-union arrangement forcurrentlywiththeuseofanyotherrecruit- that opening. Heeled disability 11 any part of"such duty I".neat service or effort and she;] Involve tee (g) A; used In this clause: was performed after August 5, 1904, and (B)1y+uennnl obligations which attach to the who was en dischar,red or released within plecleg of a bona fide loo order, include.. ( I; "All suitable cep:ovtnent openings" tF,e 48 rnnnths preceding his application fortheacceptanceofreferralsofveteransnod I,",odes, but Is not limited to opentiles employment, covered by this clause.mn;cetcruns. T1tls listing of en:lilnvmciir which occur In the fol?ov:lne job categories: rnductton and nonprodttctinn; plant and ( h) If any disabled veteran or veteran of 71,,,$ •''oweternitiesdoesnotrequirethehiringofenvtheVietnamernbelievesthatthecontractorpurla^ire; laborers and mechanics; supen•L,ury for my Iirst-tier subcontractor) has failed I=^ gaei i' Job applicant or from a par Sad nonsupcn'lrK,r,. technical: and eseiu-Heeler group of Job applicants, and Huth- rigs ndminls'rntive, and professional o or refuse, to comply with the provisions of rr4rr,` T'ri''"Ing herein is Intended to relieve the con- t p P!' this contntct clause relating to giving spe- tractor from any requirements 1n an I ies which are compensated on a salary iA!°1 r"hash; or less then 5'18,000 per VCnT. The tern I c!nl O:11llh(:ti 1S in employment to veterans,statutes, Executive orders, or regulations re- Includes full-ttrne employment, temporary cctcrnns ena at flfetareplrc cut iivctlatile rkardi Thenondiscrimination required bvtlpnrn nio mettnt r'nolo neat of more than 3 days' duration, and tart-lilac em local State employment service °Bice whofthisclauseshat: include, but not Ise employment. It does not In will attempt to informally resolve the corn-limited to, periodic reports which shell he close openings which the contractor pro- ;,latent and then refer the complaint with a Y,, tel hied at least quarterly with the approprinte poses to fl from within his oven organize- report on the attempt to resolve the matter V...—.nrnl of ce or, where the contractor has more lion or to flit g o the Slate office of the Veterans' Employ-pursuant to a customary andthanoneestablishmentInaState, with the traditional employer-union hiring arrange- meat Service of the Department of Labor. central oT,ce of the State, em; ;ocm`lit anent. Such complaint shall then be promptly re- establishment ores shall I rto'ralydf 1rhanh 2) •Appmprfatc oll ce or the State, cat-!erred Uhroe h the Reptunal Manpower Ad- tees : tvn:ent ecnlcc s•rs..cor" means the loch..:l ministretor to the Secretary of Labor who t .she were hired during the reporting.t{; period, utficc of the Federal-State national system!shell Imcati ate such complaint and shall747;It the number of those hired who wore slit- of public employment olhces with assit;ned tal:e Such action thereon its the facts and FF-':° s•.- nhled veterans, and (lli the number or recpor ilelity for serving the area of the'circumstances warrant consistent with the h"°°' erez those hired who were nondiseeled vcIcrant estitl)il.1,:,t, tt where the emplovnu•nt open- terms of this contract and the laws and reg- r--of the Vietnam era.The contractor shall sub-1 net „ In Le Idle.(I inrludieg the 1):.:tend of Illations applicable thereto.tell a report within 30 days alter the end Columbia. the Commonwealth of Puerto (I) The contractor agrees to place thisofeachreportingperiodwhereinanyper- Iticu 1;l,11:11. and the Virgin Island,. clause (excluding thisformanceismadeunderthiscontract. The g paragraph this oat in any E see 'oiell from which the town organize- ewe I subcontract directly under this contract. contractor shall maintain copies of the re-1pn cs to ;ill L,.nn v,tthi:i his ownV.../ ports submitted until the expiration of I i con" me:ins employment byre„r, , for (chid,'year after final payment under the cnnirnct,I;,o Inn;,adern:(u:l will I`,` t• ' ccn to p/ momduringwhichtimetheyshallbemere( nv,tll-(, iits:ric the coutr.icl:,rn own curani a[ioistele. upon request, for examination by env t F..i r T q Hie env nits L'.,tos. sulaid i:uelo,. and 1,cam} authorized representatives of the contract- p:brut comp:odes), and Includes any open-'k Ing officer or of the Secretary of Labor. ny.s wh1eh the contractor prop(:,o-, to hit from re'.tlinrly established "recoil ' or "re- hire”lists. O;; 18. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL - a) Thin clause is applicable if the amount' (c) The contractor further agrees to in- or purchase orders nor public utility servicesofthiscontractexceeds .3,600 and r,ns on- provision to all his aubcontracaA hereunder alcat rates established for uniform,applicability F,toed Into by menus o: 11:011:1 )n, lucludiLb provision to the ef;ecrt that the subcontrac_ k'the{t,enern.l public.for agrees that the Comptroller General of (d) ibo poffodc of ace' SS M CXntlnatiotlemailliminessrestrictedadvertising, but 1s! not applicable If this contract was euteredllthe United 8•atoa or any of his duly e,uthor• described In (h) and (c), above, for records y into by Incline of formal ndvertLlug. I„ed representative; shall, until the ex,o'n- vvlticll rclato to (I) C's ettlu uudi'l the) "Die_ R,• b) The Contractor agrees that the Comp_ Lion of 3 years ester Ilnal payment under the pules” clause. of this coutrr.ct, () Ilti rotlontrollerClenornloftheUnitedPtntcaoranytthCOatratorSuchlessertmoepocldedinIorthesettlementofclaimscullingouto1the PP of his duly authorf ed reprc.,enLttri'es r:?uvll, olther Appendix M of the Armed Cervices and erman- of this contract, or (3) Copts i y,p? until the expiration of 3 years after final lI Procu ement Regulation or the Podoral Pro-1 ceptlonlon h oa of this contractt tho( o note oz- !.r;5:, ,.•payment under this contract or such leseerjcurenlent Rei.-ulutiou.e Part 1-20, as n pro- Ice lion Lnv been taken b rho Colnplzollez fir' to time rpcciflcd In either Appendix M of tivejl>rinto, have access to and .tile as o"!General or any of Lie duly enthorized repro•Armed Services 1rocureniclft Regulation or;examine any directly esortluent'boo deco-I r,entatlees, clam continuo told:such appeal r, ! may the Federal Procurement Itegulationa PartImentn, papore, and records of ntle l Guhcon-! dtlhation, Clalnla, at Osceptlplly t}s. hoer),3 20, as approp rinte, huvo accts to and the tractor, involving trunractlone related to the; disposed of, tight to examine any directly pertinent books, subcontract. The to1'm "subcontract"as used,U rdocuments, papers, and records of tho con- in this clause excludes (1) purci Orderstractorinvolvingtrausnctionarelatedtothisnotexceedingq,,000 and ( ) subcontractorscontract. r. e. 4 t 1 - +; s - e g ' } r- r "t 3: -s•` ,-5irs. j, r-.. It Amendment to Standard Form 2-A, Page 3 r,r r{ ` r:.,. 2. CLEAN AIR AND WATER CERTIFICATION: Applicable only if the co ntract exceeds 4) The term "clean water standards" E v"n;3! 100,000,or the contracting orricer ha.s deter- prainedthatordersunderanlndcr.nito quwu- means any enforceable limitation. con- lily contra Ur any ono year wall exceed trot condition, prohibition, standard, or100,000, or n Facility to ho used hM been other requirement which is promultt atcdthesub;ect of a conviction under the Cl-on pursuant to the Water Act or containedAlrAct (42 U.S.C. 1057c-8(c)(1)) or the rod- in a permit issued to a discharger by thetrotWaterPollutionControlAct (33 U.S.C. Environmental Protection Agency or by akrr1319(c)) and 13 lined by EPA, or the con- tract 1A not otherwlx, exempt•) fi t.11 tC under nu nf););ol'Cd program, as authorized by sect:•••• 402 of the WW'atera) The Contractor agrees c. -rees as follows: Act (33 U.S.C. 1312.• or by local govern- orarar.;.ment to ensure corn;'l ante with pretreat- c7 •°1) To comply with all the require- ment regulations as required by section 0a¢ r'=c;,r manta of section 114 of the Clean 307 of the Wilier Act (33 U.S.C. 1317). 47-zAct, as amended (42 U.S.C. 1357, et seq., 5) The term "compliance" means t,`RS amended by Pub. L. 91-004) and sec- compliance with c','nn air or watertion308oftheFederalWaterPollutionstandards. Compliance shall also mean6.' Control Act (33 U.S.C. 1251 et see., as compliance with a schedule or plan or-amended by Pub,L.92-500),respectively, tiered or approved by a court of compe-relating to insoeetion, monitoring, entry, tent jurisdiction, the Environmentalreports,and information,as well as other Protection Agency or an air or waterrequirementsspe.citled In section 114 and r.r section 308 of the Air Act and the Walter pollution control agency Ir. accordance Act, respectively, anti all regulations and with the regain rents of the Air Act or a:''t,f guidelines Issued thereunder before the z"'max'`Water Act and regulations issued );llr-ti's'^ 'award of this contract. suant thereto. ii 2) That no portion of the work re- t?. .`6) The term "facility" n1r;1n,, enva-a quired by this prime contract will he per- building, plant, installation si rnctule.pwformedinafacilitylistedontheEnvi- mine, vessel or other floating craft, ]o-N. `` •ronment.al Protection Agency List of Cation, or site of operations, au-nod,I ' Violating Facilities en the date when this leased. or supervised by a contractor or trig contract was awarded unless and until subcontractor, to be utilized in the per-the EPA eliminates the name of such fornlnnce of a contract or subcontract.F.facility or facilities from such listing. Where a location or site of operations3) To use his best efforts to comply contains or includes more than onewithcleanairstandardsandcleanwaterbuilding, plant. installation,or structure.t.tali standards at the facility in which the the entire location or site shall be deemed 4:may.;Contract is being performed, to be a facility except wnrre the Dircr-4) To insert the substance of the pro- tor, Office of Federal Activities, Environ- visions of this clause into any nonexempt meat Protection Agency,determines that w.:,;1-7-, eewrmrr- subcontract, Including this paragraph independent facilities are collocated ina)(4). one geographical area. ib) The terms used in this clause have s the following meanings: 1.• 1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C, r-1857 et seq., as amended by Pub. L. 91- 004). 2) The term"Water Act"means Fed- oral Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L.02-500).F' 3) The term "clean air standards" • 0 means any enforceable rules, regulations, or guidelines, standards, limitations, orders, 1,..,:controls, prohibitions, or other require- rnents which nre. contained in, i.ssiled under, or otherwise adopted pursuant to the Ai Act or Executive Order 11733, an appllcctzle lnipleu.cmtatlon pion rn de- acribtd in section 110(d) of the Clean Air a_.,•. Act (4'2 U.S.C. 185'a--5(cf), an approved t' implementation procedure or plan ursck't-,e... section 111(c) or tact teen 111(d), rccpec- Ym lively, cif the Air Act (42 U.S.C. 18S'7e--0 0) or (d)), or ku.s improved irnpkrrnota- taUon procedure under section 112(d.) rw of tilt, Air Act (42 U.1:3,C, 18,57c-7(d)), L 4 v e..,..y'"' u,f.,.,•,i9! . ,.. vim .. y H i ,•,''.. zt1.: u,• x F .t , MANPOWER SERVICES CONTRACT 3 Z- AMENDMENT TO CONTRACT WHEREAS, the Nortex Regional Planning Commission, as the Administrative Entity for the North Texas Planning Region Consortium for the delivery of manpower services, is bound by contract with the United States Department of Labor to deliver said services in accordance with federal regulations; and, WHEREAS, subsequent to the Multijurisdictional Agreement by and between the twelve North Texas Planning Region Counties, a contract for manpower services in Wichita County was made with the City of Wichita Falls which stated specific program funding allo- cations; and, WHEREAS, the funding formula, though appropriate to Title I of the Comprehensive Employment and Training Act, is in conflict with Title VI of said Act. NOW, THEREFORE, the City of Wichita Falls and Nortex Regional Planning Commission do mutually agree to amend the Manpower Services Contract of June 10, 1974, to reflect the formula changes made necessary by current and future Department of Labor guidelines; the following paragraphs of the Manpower Services Contract shall be amended: Paragraph 2) Nortex and the City have agreed to Exhibit "0" of the Multijurisdictional Agreement which sets forth an allocation formula under Title I of CETA to distribute Department of Labor funds, that same allocation formula shall be used to apportion funds between the two parties. f y 2- Paragraph 3) The distribution of funds under Title I of CETA to the City for operation of manpower services in Wichita County shall be based on the 58% for FY 75 as outlined in the allocation formula. All monies Nortex receives for manpower programs and services under Title I of CETA shall be divided with 42% of the funds remaining with Nortex and 58% of the funds being forwarded to the City. Paragraph 4) The initial distribution of funds under Title VI of CETA, based strictly upon unemployment, shall be 55 .81% to the City of Wichita Falls for Wichita County. Paragraph 5) Henceforth, any appropriation under the Compre- hensive Employment and Training Act shall be allocated in conformance with the Department of Labor regulations, if and when applicable, governing the appropriate Title. Nortex and the City shall be letter of agreement implement said sections . Paragraph 4 becomes Paragraph 6 Paragraph 5 becomes Paragraph 7 Paragraph 6 becomes Paragraph 8 Paragraph 7 becomes Paragraph 9 Paragraph 8 becomes Paragraph 10 Paragraph 9 becomes Paragraph 11 Paragraph 10 becomes Paragraph 12 Paragraph 11 becomes Paragraph 13 WITNESS the following signatures and seals: City of Wichita Falls By: 4") City Manager Attest: City Clerk 3- Nortex Regional Planning Commission By:0 e.0.-t. L 4.ge.; 41' Executive Director Attest: 119 a O Secretary 1 THE STATE OF TEXAS X COUNTY OF WICHITA X This contract made and entered into by and between theCityofWichitaFalls, Texas , a municipal corporation, herein-after called "City" , and Certain-teed Corporation, hereinaftercalled "Certain-teed" . WITNESSETTH: WHEREAS, Certain-teed is the owner of a certain tract of land,hereinafter called "Subject Property" , located in Wichita County,Texas, said land being more fully described in Exhibit A, whichisattachedheretoandincorporatedherein, and which land islocatedwithinCity 's extraterritorial jurisdiction; and, WHEREAS, the Board of Aldermen of City has, by ResolutionNo. 1835 , designated Subject Property as an industrialdistrict, and authorized and approved this contract whichsuchBoardofAldermendeemtobeinthebestinterestof theCity. NOW, THEREFORE, for and in consideration of the mutualcovenantshereinaftercontainedtobeperformedbythepartieshereto, City and Certain-teed do hereby agree as follows: 1. City guarantees the continuation of the extraterri-torial status of Subject Property, and its immunity from annex-ation by City for a period of seven (7) years from January 1st,1977 . 2 . City will furnish water service to Certain-teed on SubjectPropertyatratesequalto150% of the rates charged to userslocatedwithintheCitylimitsthroughoutthetermofthiscon-tract, unless City 's Board of Aldermen completely eliminatesthestandardout-of-city additional charge established by ordinance,in which event Certain-teed shall thereafter pay the same rateschargedtouserswithintheCitylimits . 3 . City will furnish sanitary sewer service to Certain-teedonSubjectPropertyatratesequalto150% of the rates charged touserslocatedwithintheCitylimitsthroughoutthetermofthiscontract, unless City 's Board of Aldermen completely eliminatesthestandardout-of-city additional charge established by ordinance,in which event Certain-teed shall thereafter pay the same rateschargedtouserswithintheCitylimits . 4. City will furnish solid waste collection and removalservicetoCertain-teed on Subject Property at rates equal to125% of the rates charged to commercial and business establishmentswithintheCitylimitsthroughoutthetermofthiscontract, unlessCity's Board. of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event "Certain-teed shall thereafter pay the same rates charged to userswithintheCitylimits. 5 . The water service, sanitary sewer service and solidwastecollectionserviceprovidedto' Certain-teed by City shall besubjecttotheordinancesofCityaspresentlyexistingandasmaybehereinafteramended. 6 . City will furnish fire protection service to Certain-teedonSubjectProperty. v _ 7. Certain-teed will pay to City each year during the seven (7)years of this contract, as payment in lieu of taxes, an amountincashequalto25% of that amount that their normal City taxeswouldhavebeenthatyearhadtheybeenintheCitylimits . EachannualpaymentshallbemadebetweenOctober15andDecember31ofeachyear; the first such payment in lieu of taxes shall bepayablebetweenOctober15andDecember31of1977 . In com- puting the amount that their taxes would be each year during thiscontract, the following rules shall be applied. a. The appraised value of -the land shall be determinedin' the same manner that other land in the City is appraised. b. The initial appraisal of the buildings and otherimprovementsshallbeanamountequalto92% of the actual costsofsuchbuildingsandimprovements, which cost figures have beenfurnishedtoCitybycertain-teed. c. The appraised value of the machinery, equipment andotherpersonalpropertyexceptforinventoryshallbe, throughoutthetermofthiscontract, an amount equal to 65% of the actualcostsofsuchmachinery, equipment and other personal property,which cost figures have been furnished to City by Certain-teed. d. The appraised value of the inventory shall be de-termined in the same manner that the inventory of other firmsintheCityareappraised. e. Each year the then current assessment ratio estab-lished by the Board of Aldermen shall be applied to the appraisedvalueinordertoobtaintheassessedvalue; the then current taxrateasestablishedbytheBoardofAldermenshallbeappliedtotheassessedvaluetoobtaintheamountthatthetaxeswouldhavebeenthatyearhadthepropertybeenlocatedwithintheCitylimits .The payment in lieu of taxes shall be 25% of the amount so computed. 8 . This contract does not release or waive any obligationstotheCityinconnectionwithanypaving, curb and gutter, or otherimprovementlienswhichmaybeassessedagainstSubjectProperty. 9 . In the event Certain-teed should breach any of the provisionsofthiscontract, and it fails to remedy such breach within thirty30) days after having been notified by City to do so, then City shallhavetherighttoterminatethiscontract, and to proceed to annexSubjectProperty. 10 . City shall initiate proceeding to annex Subject PropertyintotheCitylimitsearlyenoughtobeabletocompletesuchpro-ceeding by December 31, 1983, and Subject Property shall be includedonthetaxrollsofCityonJanuary1, 1984 . 11. This contract shall be effective as of January 1, 1977 . 2 - IN WITNESS WHEREOF, the parties hereto have caused this con-tract to be executed by their duly authorized officers on this the6thdayofJuly1976 . CITY OF WICHITA FALLS , TEXAS BY: a Gee. : d G. Fox City Manager ATTEST: ri- - ,e„ `.L,,. City Clerk CERTIN-TEED CORPORATION Franklin R. Winnert Vice President ATTEST:. c 'dc.i y,,.__ c----)(.,, , __,— ) Secretary EXHIBIT A Lot 1 of Certain-teed Products Addition to Wichita Falls, Texas , according to the plat of said addition recorded in Volume 22, Pages 21-22 of the plat records of Wichita County, Texas.