Min 02/15/1977313
Wichita Falls, Texas
Memorial Auditorium Bldg.
February 15, 1977
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 X Aldermen
Ray Ashbrook
W. E. Ryle
Jerry Mathis
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson City Clerk
Wilma J. Thomas Deputy City Clerk
The invocation was given by Alderman Ryle.
Item 3
Moved by Alderman Gowan that minutes of the meeting held February 1, 1977, be
approved.
Motion seconded by Alderman Ashbrook and carried unanimously.
Item 4b
Gus Arakilian appeared requesting a waiver of Section 419.1 of the liquor
zoning ordinance to permit him to sell wine with food in his Greek restaurant on
Kemp Boulevard. He stated that he has lived in Wichita Falls for 27 years, and has
been located in his restaurant on Kemp about six months. Three property owners
within 300 feet of the restaurant have refused to sign the waiver. He stated that
he has talked to all three of those owners.
Moved by Alderman Ryle that the exception not be granted.
Motion seconded by Alderman Mathis, and carried unanimously.
Alderman Gowan stated that he feels sorry for Mr. Arakilian, but this ordinance
was passed to do the very thing which they are being asked to overturn. When a
restaurant goes into a family neighborhood they are taking a risk. He further stated
that he hoped they would not be asked again to waiver it. This is what the ordinance
was meant to control. Aldermen McAlister and Ryle noted that Mr. Arakilian would
still have the opportunity to negotiate further. The City Manager also pointed out
that he could form a private club through the Alcoholic Beverage Commission.
i Item 4a
Branden Romines, of Municipal Court, was honored as Employee of the Month.
Mayor Boyd presented her with a plaque and two tickets to El Babo's for a meal.
Item 4c
Ed Ilschner, Director of Traffic and Transportation, presented a briefing on his
division, consisting of traffic engineering, street lighting, parking control, and
public transportation.
Item 4d
The architect's report on the Eastside Community Center was presented by the
City Manager, who stated that the architect has evaluated each of the suggested
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Item 4d, cont'd.
properties, and has recommended the Spudder Park location due to use and possible
expansion. He recommended that this location be approved, and the architect be
authorized to proceed with schematic designs, and that the Plannipg Department be
authorized to proceed with environmental clearance.
Moved by Alderman Garcia that the Spudder Park location be approved, and the
architect and planning department be authorized to proceed as recommended.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 5a
A proposed appropriation ordinance was presented to employ two additional school
crossing guards to replace those previously relocated to the north frontage road of
Kell Freeway.
ORDINANCE NO. 3161
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT
NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Ashbrook that Ordinance No. 3161 be passed .
Motion seconded by Alderman Mathis.
Alderman Gowan noted that there are no student school crossing guards at Fain
School yet. He believes that this is the type of school crossing which could be run
by sixth graders who have attended training programs for this purpose. The City Manager
stated that student crossing guards is strictly voluntary, and requires the cooperation
of the school principals. This was not designed to take the place of adult school
crossing guards, but to supplement it on the school grounds. Ed Ilschner, Director of
Traffic and Transportation, pointed out that if there isn't enough traffic volume
they can substitute the student crossing guards for paid crossing guards.
The motion for passage of the ordinance was carried by the following vote:
Ayes: Mayor Boyd, Aldermen McAlister, Garcia, Ashbrook, and Mathis
Nays: Aldermen Gowan and Ryle
Item 6a
A proposed ordinance was presented adding and deleting parking meter zones. They
were added on portions of Eighth and Eleventh, and deleted on portions of Fifth and
Eleventh.
ORDINANCE NO. 3162
AN ORDINANCE AMENDING PARAGRAPH (a)SECTION 29-148 OF THE CODE OF ORDINANCES
OF THE CITY OF WICHITA FALLS, TEXAS, ADDING AND DELETING CERTAIN PARKING
METER ZONES, AND DECLARING AN EMERGENCY.
Moved by Alderman Garcia that Ordinance No. 3162 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
Discussion was held on a request to waive frontage requirements on certain
proposed lots in Midwestern Park Addition. David Tate stated that he is representing
the property owner, and will answer any questions which they may have. Mr. Tate
stated they are addressing it for access purposes. Texas Electric owns a 50 foot
strip along Kemp Boulevard between his clients property and Kemp. One alternative
would be to build another street next to the Texas Electric property. The City Manager
explained that there was a cooperative venture between the City, Texas Electric, and
Sikes Senter in order for them to hold the 50 foot width there. Various types of
access was discussed, such as limited access. Mayor Boyd feels that commercial
strip development is detrimental to the community. Stephen Ondrejas, Director of
Planning, stated that these concerns were also voiced by the chairman of the planning
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Item 6b, cont'd.
board.
A motion was made and seconded to adopt the ordinance, but was later withdrawn.
Another motion was made to pass the ordinance, but with limited access of no more
than six curb cuts. No second was received. Alderman Ryle stated that he would like
to see a plan. So far they do not have one. Mr. Tate stated they desire some
flexibility in their planning.
Moved by Alderman Ryle that action be deferred on this ordinance until such time
as a master plan showing the access points to Kemp has been processed through the
Planning Board, and brought back to the Council for consideration.
Motion seconded by Alderman Garcia, and carried unanimously.
Alderman Gowan noted that he did not participate in this discussion nor vote
because he and Mr. Tate are in the same law firm.
Alderman Gowan stated that he disagreed with Mayor Boyd and Alderman Ryle
because he feels it is an attempt to enforce zoning which we do not have. Alderman
Ryle stated that he believes we need limited access, and it has nothing to do with
whether he likes strip development type of property or not.
Item 6c
Discussion was held on calling an election for members of the Board of Aldermen
and charter amendments. Dr. Leo Sabota, Chairman of the Charter Revision Commission,
explained the recommendations of the Commission.
Jennie Louise Hindman appeared as Chairman of the Mayor's Commission on the
Status of Women, stating that they endorse the recommendation of the Charter Commission
to increase each alderman's compensation to $250.00 per month. They believe it would
expand the number of qualified persons available to serve on the Board of Aldermen.
Peggy McCullough, 3508 Harrison, stated that the Charter Commission agreed on the
dollar figure, and they just accepted it. They are just asking that the voters have
an opportunity to vote on it. Alderman McAlister stated that he did not agree with
the $250.00 figure, but he would have no objections to placing it on the ballot as
a non-binding public opinion question. Alisa Larson, 2305 Ellingham, stated that
she believed the Commissions intent was proposed as an amendment to the Charter and
not as a straw vote. A straw vote would not be too useful. Dr. Sabota stated that
this figure was arrived at from a study of other cities of our size. The average
was about $400.00.
ORDINANCE NO. 3163
AN ORDINANCE CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 2, 1977,
FOR ELECTION OF THREE MEMBERS TO THE BOARD OF ALDERMEN AND FOR SUBMITTING
PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY CHARTER OF THE CITY OF
WICHITA FALLS; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE
FORM OF THE BALLOT; DESIGNATING THE PRECINCTS AND POLLING PLACES AT WHICH
THE ELECTION SHALL BE HELD; AND REQUIRING THE PUBLISHING OF NOTICE OF THE
ELECTION.
Moved by Alderman Garcia that Ordinance No. 3163 be passed.
Motion seconded by Alderman Ryle.
Alderman Gowan stated that the purpose of the City Attorney and Chief Accounting
Officer being appointed by the Council is for checks and balances. He questions
whether the Board of Aldermen should appoint the City Clerk. Dr. Sabota stated that
there are other duties performed by the City Clerk that should have close liason
between the City Clerk and Board of Aldermen, such as election administration and
maintaining records of the Council, in particular. Alderman Gowan stated that he
feels the Council should appoint as few persons as possible, and he does not want to
hire employees except for checks and balances. Mayor Boyd stated that this seems
adequate to him.
The City Manager stated that traditionally in city charters the clerk has been
appointed by the Council because that person is clerk to the Council, and in administrative
charge of all city elections. He feels it would be proper to continue that relationship
in spite of it not being a position of checks and balances. Alderman Ryle also
pointed out the clerk's responsibility of maintaining our democratic processes in
316
Item 6c, cont'd.
holding city elections. Dr. Sabota stated that his recommendations are based on
validity, and not by tradition. Alderman McAlister stated that it is the Council's
responsibility to make sure that actions are recorded properly, and believes it is
wholly within the Council's authority to appoint a person for this purpose, and that
it should be in here.
Mayor Boyd questioned the City Manager's control over reports by the Chief
Accounting Officer in Section 66. It was pointed out by the City Manager that the
present charter authorizes the City Manager to obtain such financial reports as may be
required. City Clerk Gerald Carlson stated that they are presently being performed
on a monthly basis, which is satisfactory. Alderman McAlister stated that he is not
satisfied with Section 66. He feels we need to be a little more specific between the
duties of the finance director and chief accounting officer. This caused some of the
problems in the past. Dr. Sabota feels that they have specified these duties as well
as they need to be. The City Manager stated that no matter how specific you get, the
Council can make their own interpretation. It was the feeling of the charter commission
that the charter should not be the instrument to contain that specificity. They did not
want it to be so specific that it would tie the hands of the Council in any area.
Gerald Carlson stated that he does not feel that the way Sections 65 and 66 are now
written can resolve all problems. He believes the general and specific requirements
leave it open for the Board to settle any differences or to set other duties, and he
believes this is a workable solution.
Alderman Ryle noted that he is uncomfortable with Proposition 2 in making it
more difficult for citizens to exercise their electoral processes. This proposition
deals with number of signatures required on initiative or referendum petitions. Mayor
Boyd noted that the percentage of voters when the charter was written possibly compares
with the percentage today.
Proposition No. 5 was opposed by Aldermen McAlister and Ryle.
Alderman Gowan stated that he does not particularly like Proposition No. 6, which
deals with salary of the Mayor and Aldermen. He understands why some people feel
there should be a greater amount of money paid to each alderman for his service. He
would prefer to see it on the ballot in some alternative form rather than a set figure.
Moved by Alderman Ryle that Proposition No. 1 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: Alderman McAlister
Moved by Alderman Ashbrook that Proposition No. 2 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Mathis
Nays: Alderman Ryle
Moved by Alderman Gowan that Propostion No. 3 be passed.
Motion seconded by Alderman Mathis, and carried unanimously.
Moved by Alderman Garcia that Proposition No. 4 be passed.
mow
Motion seconded by Alderman Ashbrook, and carried unanimously.
Moved by Alderman Garcia that Proposition No. 5 be passed.
Motion seconded by Alderman Ashbrook, and failed by the following vote:
Ayes: Aldermen Garcia and Ashbrook
Nays: Aldermen McAlister, Gowan, Ryle, and Mathis
Alderman Garcia explained that several people have approached him stating that
they feel the Board of Aldermen should receive more than ten dollars per month. He
feels the voters should have a choice as to what is paid. Mayor Boyd stated that the
black community has also voiced their approval of this proposition. He stated that
he feels Dr. Hindman is correct in that it probably would enable others to become a
candidate who might not otherwise do so. A representative of the Commission stated
that they were wanting very much to have something more than a straw vote. They were
317
Item 6c, cont'd.
thinking about the small businessman and women who might need a baby sitter. There
are also matters of transportation to attend meetings, as well as going over the city
to investigate many of the problems. The $250.00 figure will assist them in this
way. The City Manager stated that he feels alternate amounts will confuse the
election process. Alderman McAlister stated that he is personally opposed to this
amendment. It will not serve the purpose it is supposed to serve. He has no objections
to submitting it to a vote, but does not feel it is time to submit it to a charter
vote. A straw vote would give the voters an opportunity to express their will now,
and it could be placed on a charter amendment later.
Moved by Alderman Ryle that Proposition No. 6 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Mayor Boyd, Aldermen Garcia, Gowan, Ashbrook, and Ryle
Nays: Aldermen McAlister and Mathis
Alderman McAlister requested that a copy of the propositions only be placed at
the polling places for information. Margaret Sims, a. member of the charter commission,
stated that she feels it would be on the verge of electioneering, and would perhaps
be challenged in court. City Attorney H. P. Hodge stated that he had not checked
with the office of Secretary of State. Alderman Garcia suggested that copies be made
available in the City Clerk's office. It was the consensus of the Council that we
should investigate the cost of publishing it in the paper before the election. This
would be in addition to the legal requirements.
The motion for passage of Ordinance No. 3163, as amended by the vote on the
propositions, was carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 6d
A proposed resolution was presented providing for propositions concerning sale
of park property at next regular municipal election. The City Manager explained the
process involved in abandoning park land which has been dedicated, but which is
impractical to use. The park located in City View Heights was removed from consideration.
RESOLUTION NO. 1919
RESOLUTION SUBMITTING TO THE VOTERS AT THE APRIL 2, 1977 ELECTION QUESTIONS
OF ABANDONMENT AND/OR SALE OF CERTAIN CITY PARKS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
There shall be submitted at the April 2, 1977 municipal election questions as
to whether certain areas dedicated as parks, but not used for such purpose, should be
abandoned and/or sold by the City of Wichita Falls. The official ballot for said
election shall be prepared in accordance with the Texas Election Code so as to permit
the voters to vote for or against such questions, which shall be set forth in
substantially the following form:
CLOSING AND/OR ABANDONING THE PARK ON BLOCK 31, FAITH VILLAGE, UNIT I.
CLOSING AND/OR ABANDONING THE PARK ON BLOCK 33, FAITH VILLAGE, UNIT I.
CLOSING AND ABANDONING THE PARK ON BLOCK 57, FAITH VILLAGE, UNIT II.
CLOSING AND ABANDONING THE PARK LOCATED IN HILLTOP ESTATES ADDITION.
Moved by Alderman Garcia that Resolution No. 1919 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ryle, and Mathis
Nays: None (Alderman Ashbrook was out of the room) .
318
Item 7a
A proposed resolution was presented authorizing employment of appraisers for
Depot Square project.
RESOLUTION NO. 1920
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR DEPOT
SQUARE PROJECT, AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING
LAND ACQUISITION POLICY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. It is necessary to acquire the following described tracts of land for
the Depot Square project under the Community Development Block Grant program, to-wit:
Tract I. All of Block 162 of the Original Townsite of Wichita Falls, Texas
less the east 50 feet of Lots 3 through 7 and the east 25 feet of Lots 1 and 2 of
Block 162.
Tract II. A tract 30 feet by 90 feet out of Lots 1 and 2 of Block 177 of the
Original Townsite of Wichita Falls, known as 503 Eighth Street, and described as
follows: Beginning at the northwest corner of Lot 1, thence southeast along the west
line of Lots 1 and 2 90 feet; thence northeast parallel to the south line of Lot 2 30
feet; thence northwest parallel to the west line of Lots 2 and 1 90 feet to the north
line of Lot 1; thence southeast 30 feet to the place of beginning.
Tract III. A tract 50 feet by 90 feet out of Lots 13 and 14 of Block 177 of the
Original Townsite of Wichita Falls, known as 505 Eighth Street, and described as follows:
Beginning at the northeast corner of Lot 14; thence southeast along the east line of
Lots 14 and 13 90 feet; thence southwest parallel to the south line of Lot 13 50 feet;
thence northwest parallel to the east line of Lots 13 and 14 90 feet to the north line
of Lot 14; thence northeast to the place of beginning.
SECTION 2. The City Manager is hereby authorized to employe appraisers to
appraise the property being acquired for Depot Square project.
SECTION 3. The following procedures shall be used in the acquisition of
properties for the Depot Square project, the objective of which are to insure that
uniform, fair and equitable treatment be afforded persons displaced as a result of
this federally assisted project, to encourage and expedite acquisition by agreements
with property owners to avoid litigation and relieve congestion in courts, to assure
consistent treatment for owners of real property to be so acquired, and to promote
public confidence in federal land acquisition:
A. The City shall make every reasonable effort to acquire such real property
expeditiously by negotiation.
B. Real property shall be appraised before the initiation of negotiations, and
the owner or his representative designated in writing shall be given an opportunity
to accompany the appraiser during his inspection of the property.
C. Before the initiation of negotiations for the acquistion of such real
property, the City shall establish an amount it believes to be just compensation
therefor; promptly thereafter the City shall offer to acquire the property for the
full amount so established, which shall be not less than the approved appraisal of
the fair market value of the property. The owner shall be provided with a written
Statement of the Basis for Determination of Just Compensation. If only a portion
of the property is acquired, the Statement shall make an apportionment between the
compensation for the property acquired and the net damages or benefits to the remaining
property.
D. If the acquisition of a portion of a property would leave the owner with an
uneconomic remnant, the City will offer to acquire such uneconomic remnant.
E. If the owner is not satisfied with the City's offer, he may refuse to accept
it; if he can provide evidence concerning value or damage that warrants a change in
the City's determination of just compensation, the price will be adjusted accordingly
by the appraiser.
F. No owner shall be required to surrender possession of real property before the
City pays the agreed purchase price, or deposits with the court in which the City
has instituted a condemnation proceeding for such property, for the benefit of the owner,
an amount not less than the fair market value of such property, or the amount of the
award of compensation in the condemnation proceeding for such property.
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Item 7a, cont'd.
G. The City shall furnish the owner a statement identifying the settlement and
related costs that will be paid by the City.
H. The construction or development of a project shall be so scheduled that no
person lawfully occupying real property shall be required to move from a dwelling
assuming a replacement dwelling will be available) or to move his business or farm
operation, without at least 90 days a written notice from the City of the date
by which such move is required. However, shorter notice may be given where HUD
determines that such 90 notice is impracticable.
I. If arrangements are made to rent the property to an owner or his tenant for
a short term or for a period subject to termination by the City on shorter notice, the
rental will not exceed the lesser of (1) the fair rental value of the property to a
short-term occupier, (2) the pro rata portion of the fair rental value for a typical
rental period, or if the owner or his tenant is an occupant of a dwelling, the rental
for such dwelling shall not exceed 25% of his income.
J. The City shall not advance the time of condemnation or defer negotiations or
condemnation and the deposit of funds in court for the use of the owner, or take any
other action which is coercive or misleading in nature in order to compel an agreement
on the price to be paid for the property.
K. If any interest in real is to be acquired by the exercise of the power of
eminent domain, the City shall institute formal condemnation proceedings to prove
the fact of the taking of real property.
L. In any case in which a notice is served by the City of its intention to
acquire real property, initiation of negotiations shall occur within 90 days of the
service of such notice of intention.
Moved by Alderman McAlister that Resolution No. 1920 be passed.
Fiction seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 7b
A proposed resolution was presented authorizing a contract with Michael 0. Maloney
for architectural services for the depot square project.
RESOLUTION NO. 1921
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
MICHAEL 0. MALONEY - ARCHITECT FOR ARCHITECTURAL SERVICES RELATED TO THE
DEVELOPMENT OF DEPOT SQUARE
WHEREAS, the concept of an historical district has received wide community
support; and,
WHEREAS, an historical district is included in the MIDTOWN 2000 Plan; and,
WHEREAS, the concept of Depot Square as the focal point of an historical district
was approved by the Board of Aldermen during Community Development Block Grant Public
Hearings; and,
WHEREAS, the Board of Aldermen approved the expenditure of funds for this project;
and,
WHEREAS. Michael C. Maloney - Architect has been involved with restoration of older
structures in the midtown area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS THAT:
Gerald G. pox, City Manager, is authorized and directed to enter into a contract
with Michael C. Maloney - Architect, for architectural services related to the
development of Depot Square, based on the contract and scope of services which are
attached hereto.
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Item 7b, cont'd.
Moved by Alderman Garcia that Resolution No. 1921 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 7c
A proposed resolution was presented authorizing a contract with Killebrew-
Rucker Associates for architectural services relating to pedestrian improvements in
the midtown area.
RESOLUTION NO. 1922
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
KILLEBREW/RUCKER/ASSOCIATES FOR ARCHITECTURAL SERVICES RELATED TO PEDESTRIAN
IMPROVEMENTS IN THE MIDTOWN AREA
WHEREAS, the concept of pedestrian improvements in the midtown area has received
wide community support; and,
WHEREAS, pedestrian improvements are included in the MIDTOWN 2000 Plan; and,
WHEREAS, the concept of pedestrian improvements in the midtown area was approved
by the Board of Aldermen during community Development Block Grant Public Hearings;
and,
WHEREAS, the Board of Aldermen approved the expenditure of funds for this purpose;
and,
WHEREAS, Killebrew/Rucker/Associates is currently involved with other midtown
street and block face improvements, providing continuity of urban design for this
project.
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 design of pedestrian improvements in the
midtown area, based on the contract and scope of services which are attached hereto.
Moved by Alderman McAlister that Resolution No. 1922 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 7d
A proposed resolution was presented authorizing a contract with Harris, Kerr,
Forster and Company for an economic feasibility study for hotel facilities.
V RESOLUTION NO. 1923
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
HARRIS, KERR, FORSTER AND COMPANY FOR AN ECONOMIC FEASIBILITY STUDY.
WHEREAS, the concept of revitalizing the economy of the midtown area is included
in the MIDTOWN 2000 Plan policy statement; and,
WHEREAS, midtown revitalization will serve to improve economic opportunity for
City residents, especially those residing near the midtown area; and,
WHEREAS, the concept of an econmic feasibility study for the midtown area was
approved by the Board of Aldermen during Community Development Block Grant Public
Hearings, and,
WHEREAS, the Board of Aldermen approved the expenditure of funds for this project;
and
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Item 7d, cont'd.
WHEREAS, Harris, Kerr, Forster and Company are generally recognized as foremost
in their field.
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 Harris, Kerr, Forster and Company for an economic feasibility study based on the
contract and scope of services which are attached hereto.
Moved by Alderman McAlister that Resolution No. 1923 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 7e
A proposed resolution was presented authorizing application for comprehensive
planning assistance.
RESOLUTION NO. 1924
A RESOLUTION AUTHORIZING APPLICATION FOR A GRANT FROM THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR COMPREHENSIVE PLANNING ASSISTANCE
WHEREAS, the City of Wichita Falls desires to have completed during 1979 a
Community Development Plan, 1980 - 2000 based upon a continuing, coordinated,
comprehensive planning process; and,
WHEREAS, Federal funds for such project are available under the provisions of
Title VII, Section 701 of the Housing Act of 1954, Public Law 83-560, as amended by
Public Law 89-117, and Public Law 93-383, through the Department of Housing and
Urban Development; and,
WHEREAS, the City's Planning Division has prepared an application for a grant
in the amount of $23,713 for the purpose of financing the necessary studies, surveys and
publications required for the implementation of such approvals.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. Gerald G. Fox, City Manager, is authorized and directed to complete
and file an application for a comprehensive planning assistance grant with the
Department of Housing and Urban Development; the City Manager is further authorized
to sign any necessary documents requested to carry out and complete such project on
behalf of the City.
SECTION 2. With regard to this grant, the City shall follow Title VIII of the
Civil Rights Act of 1968, which provides that it is the policy of the United States
to provide, within constitutional limitations, fair housing throughout the United
States, and requires the Secretary of the Department of Housing and Urban Development
to administer the department's programs and activities in a manner affirmatively to
further the policies of such Title VIII.
SECTION 3. With regard to this grant, the City agrees to follow the Equal
Employment Opportunity Clause contained in Part II, Terms and Conditions, Comprehen-
sive Planning Grant Agreement, which provides that the grantee shall not discriminate
against any employee or applicant for employment because of race, color, religion,
sex or opportunity in its employment practices.
Moved by Alderman Gowan that Resolution No. 1924 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
322
Item 7f
A proposed resolution was presented authorizing the City Manager to amend and
update the fire protection agreement between Sheppard Air Force Base and the City of
Wichita Falls. Fire Chief Hurshel Johnson explained the minor changes.
RESOLUTION NO. 1925
RESOLUTION APPROVING AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION BETWEEN
THE CITY OF WICHITA FALLS AND THE UNITED STATES AIR FORCE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain Agreement for Mutual Aid in Fire Protection, a copy of which is
attached hereto, between the City of Wichita Falls and the United States Air Force,
is hereby approved, and the City Manager is authorized to execute the same for the City
of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1925 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 7g
Discussion was held on amending the water purchase contract with the City of
Iowa Park by increasing the water rate. Alderman Mathis inquired if we are not
running behind in increasing out -of-city rates as opposed to rates in the city?
Alderman McAlister stated that he feels these outside rates should be tied to rates
paid by residents of the City of Wichita Falls. He feels our costs should be
covered, and perhaps make a profit on it.
Moved by Alderman McAlister that action be postponed on this matter until it
comes back in a different form.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 7h
A proposed resolution was presented authorizing the City Manager to execute a
lease agreement for municipal parking lots at Ohio and Ninth Street.
RESOLUTION NO. 1926
RESOLUTION APPROVING LEASE OF PARKING LOTS TO CITY NATIONAL BANK IN WICHITA
FALLS.
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, whereby the City
of Wichita Falls leases to City National Bank in Wichita Falls two downtown parking
lots owned by the City, are hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1926 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 8a
Bids were considered on lighting equipment for Hamilton and Weeks tennis centers.
It was recommended that low bids be awarded to Nunn Electric for fixtures, poles, and
brackets in the amount of $9,537.69, and to United Electric for 18 each 1000 watt
bulbs and 20 each 1500 watt bulbs in the amount of $1,257.64.
323
Item 8a, cont'd.
Moved by Alderman Gowan that bids be awarded as recommended.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 8b
Bids were considered on an estimated annual supply of vector control chemicals
for the Health Department. It was recommended that bids be awarded as follows.
a. 2,000 gallons Malathion Concentrate 95% - Public Health Equipment and
Supply - $21,600.00.
Moved by Alderman Garcia that the bid be awarded as recommended.
Motion seconded by Alderman Ashbrook, and carried unanimously.
b. 50,000 pounds Malathion 5 Dust - Riverside Chemical Company - $7,210.00
Moved by Alderman Ashbrook that the bid be awarded as recommended.
Motion seconded by Alderman Ryle, and carried unanimously.
c. Emulsifiable Insecticide - Public Health Equipment & Supply - 100 gallons-
3,995.00; 250 pounds @ $4.00 lb. - $1,000.00; 2000 pounds @ $3.30 lb. - .
6,600.00.
Moved by Alderman McAlister that the bid be awarded as recommended.
Motion seconded by Alderman Gowan, and carried unanimously.
d. Baytex Liquid Concentrate - Identical bids were received from Van
Waters and Rogers and Estes Chemicals, Inc. in the amount of $1,872.00.
Lots were cast, as required by State law, and Estes Chemicals was the
name drawn.
Moved by Alderman Mathis that the bid be awarded to Estes Chemicals, Inc. in
the amount of $1,872.00.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 8c
Bids were considered on an estimated annual supply of linen service for various
city departments. It was recommended that the low bid be awarded to National Linen
Service in the amount of $7,546.20.
Moved by Alderman Garcia that the bid be awarded as recommended.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 9
Moved by Alderman Garcia that minutes of the meetings of the following boards and
commissions be received.
a. Board of Electrical Examiners - February 8, 1977
b. Park Board - February 8, 1977
c. Traffic Commission - February 8, 1977
d. Mayor's Commission on Status of Women - February 3, 1977
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item l0a
Major Charles Oxley has resigned from the Citizens Traffic Safety Council, and
Major James C. Wetzel has been recommended as a replacement to fill the unexpired
term to June 10, 1978.
Moved by Alderman Garcia that Major Wetzel be appointed, as recommended.
Motion seconded by Alderman Mathis, and carried unanimously.
324
Item 10b
Mrs. John Justice, 1008 Van Buren, appeared regarding the closing of an alley
near her home, and also her garbage not having been picked up for several weeks.
Because the alley was closed she was told to place her garbage on the curb or she
would be required to pay a carry-out fee. She stated that she placed it there once, but
does not plan to again. She desired to know why the alley was closed. She also wanted
to talk to the Sanitation Department about placing her cans on another alley nearby.
Ernest Lillard informed her that someone would come out and talk to her.
Alderman McAlister noted that he hoped the lights would be in operation on 13th
and 14th when they are tied into Kell freeway construction. Alderman Mathis stated he
would like to have the flashing lights installed on Central Freeway on the uphill
side of the bridge instead of the downhill side.
Mayor Boyd presented letters to the Deputy City Clerk from three retired employees
expressing their appreciation for the ten percent retirement benefit increase. Also,
a letter from Charles Harper regarding his firm not doing work for the City as long as
he is on the Planning Board.
The Board of Aldermen adjourned at 1:00 P.M.,
PASSED AND APPROVED this /.. j day of /,/ 1977.
7)", "
2.y
MAYOR
ATTEST:
CITY CLERK
STATE OF TEXAS A
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
This agreement made as of the day of
in the year Nineteen Hundred and Seventy-seven by and between the City of Wichita
Falls, hereinafter called the Owner, and Michael 0. Maloney-Architect, hereinafter
called the Architect, witnesseth that whereas the Owner intends to include the ren-
ovation of existing structures and construction of new facilities to be included
in the Depot Square Historical District;
NOW, THEREFORE, THE OWNER AND THE ARCHITECT FOR THE CONSIDERATION HEREIN-
AFTER SET FORTH AGREE AS FOLLOWS:
A. WHEREAS the Owner desires to engage the Architect to render certain
technical or professional services hereafter described in connection with an under-
taking which is expected to be financed under a General Revenue Sharing Grant:
B. The Owner agrees to pay the Architect as compensation for his services:
1) For his basic service ten and one-half percent (101/2%) of the project
construction costs for renovation and seven percent (7%) of the project construction
costs for new construction, hereinafter referred to as the Basic Rate, the work to
be let under more than one contract, total cost of construction and renovation not
to exceed the higher of $100,000 or $186,000 minus property acquisition and reloca-
tion costs.
2) For extra service defined in Article II hereinafter, the Owner
agrees to pay the Architect 2,25 times the Direct Personnel Expense as defined in
Paragraph 16 hereinafter.
3) Reimbursable expense as defined hereafter in Paragraph 16 to the
amount expended.
C. The parties hereto further agree to the following conditions:
1) Employment of Contractor. The Owner hereby agrees to engage the
Architect and the Architect hereby agrees to perform in cooperation with the Owner
the services hereinafter set forth in Attachment 1.
2) Personnel.
a) The Architect represents that he has, or will secure at his own
expense, all personnel required in performing the services under this contract. Such
personnel shall not be employees of or have any contractual relationship with the
Owner.
b) All of the services required hereunder will be performed by the
Architect or under his supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized under State and local law to
perform such services .
c) The Architect will submit to the Owner a list of all employees,
their positions and rate of pay.
d) None of the work or services covered by this Contract shall be
subcontracted without the prior written approval of the Owner.
3. Time of Performance. The services of the Architect are to commence
as soon as practicable after the execution of this Contract and shall be under-
taken and completed in such sequence as to assure their expeditious completion
in the light of the purposes of this Contract, but in any event all of the ser-
vices required in phases 1 through 5 shall be completed by June 30, 1977.
4. Equal Employment Opportunity.
a) The Architect will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national
origin. The Architect shall take affirmative action to ensure that applicants
are employed and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such actions shall
include, but not be limited to the following: employment, upgrading, demotions,
or transfers, recruitment or recruitment advertising; layoffs or terminations;
rates of pay or other forms of compensation; selection for training including
apprenticeship; and participation in recreational and educational activities.
The Architect agrees to post in conspicuous places available to employees and
applicants for employment notices to be provided setting forth the provisions
of this non-discrimination clause. The Architect will in all solicitations on
advertisements for employees placed by or on behalf of the Architect, state
that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin. The Architect will
cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this contract so that such provisions will be binding upon such sub-
contractor provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
b) The Architect shall keep such records and submit such reports
concerning the racial and ethnic origin of applicants and employees as the
owner may require.
c) The Architect agrees to comply with such rules , regulations,
or guidelines as HUD may issue to implement this project.
5. Interest of Members of Owner and Others. No officer, member or
employee of the Owner and no members of its governing body, and no other pub-
lic official of the governing body of the locality or localities in which the
Project is situated or being carried out who exercises any functions or res-
ponsibilities in the review or approval of the undertaking or carrying out
of this Project, shall participate in any decision relating to this Contract
which affects his personal interest or the interest of any corporation, part-
nership, or association in which he is , directly or indirectly interested or
has any personal or pecuniary interest, in this Contract or the proceeds thereof.
6. Assignability. The Architect shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or notation) without the prior written consent of the Owner thereto; Provided,
however, that claims for money due or to become due to the Architect from the
Owner under this Contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Owner.
7. Interest of Architect. The Architect covenants that he presently has
no interest and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be
performed of this Contract. The Architect further covenants that in the per-
formance of this Contract no person having any such interest shall be employed.
8. Findings Confidential. Any reports, information, data, etc. , given
to or prepared or assembled by the Architect under this Contract which the
Owner requests to be kept as confidential shall not be made available to any
individual or organization by the Architect without the prior written approval
of the Owner.
9. Officials Not to Benefit. No members of or delegate to the Congress
of the United States of America, and no resident commissioner, shall be admit-
ted to any share or part hereof or to any benefit to arise herefrom.
10. Identification of Documents . All reports, maps, and other documents
completed as a part of this Contract, other than documents exclusively for in-
ternal use within the Owner, shall carry the following notation on the front
cover or a title page, (or in the case of maps, in the same block containing
the name of the Owner).
The preparation of this report, map, document, etc. was financed by
General Revenue Sharing funds from the Office of Revenue Sharing, together with
the Date (month and Year) the document was prepared and the name of the munici-
pality, metropolitan area, or other planning area concerned.
11. Publication. Reproduction and Use of Material. No material pro-
duced in whole or in part under this Contract shall be subject to copyright in
the United States or in any other country. The Owner and HUD shall have restric-
ted authority to publish, disclose, distribute, and otherwise use, in whole or
in part, any reports, data, or other materials prepared under this Contract.
12. Audits and Inspections. At any time during normal business hours
and as often as the Owner, HUD and/or the Comptroller General of the United
States may deem necessary, there shall be made available to the Owner, and/or
representatives of the Comptroller General for examination all of the architect's
records with respect to all matters covered by this Contract and will permit the
Owner, HUD, and/or representatives of the Comptroller General to audit, examine
and make excerpts or transcripts from such records, and to make audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this Contract.
13. Amendments. Changes and amendments may be made to this contract by
mutual written consent.
14. The Owner's Responsibilities
a. The Owner shall provide full information as to his requirements for the
Project.
b. He shall designate, when necessary, representatives authorized to act in
his behalf. He shall examine documents submitted by the Architect and render
decisions pertaining thereto promptly, to avoid unreasonable delay in the pro-
gress of the Architect's work. He shall observe the procedure of issuing
orders to contractors only through the Architect.
c. He shall furnish or direct the Architect to obtain at the Owner's ex-
pense, a certified survey of the site, giving as required, grades and lines
of streets, alley, pavements, and adjoining property, rights of ways, res-
trictions, easements, encroachments, deed restriction, boundaries, and con-
tours of the building site; locations, dimensions, and utility lines both
public and private; and test borings and pits necessary for determining
subsoil conditions.
d. He shall pay for structural, chemical, mechanical, soil mechanics or
other tests and reports .
e. He shall arrange and pay for such legal and auditing services as may be
required for the Project.
f. He shall pay for such special preservation services as may be required
for the project.
g. If the owner observes or otherwise becomes aware of any defect in the
Project, he shall give prompt notice thereof to the Architect.
15. Project Construction Cost
a. Project construction cost herein referred to means the total cost of all
work designed or specified by the Architect, but does not include any payment
made to the Architect or consultants.
b. Project construction cost shall be based upon one of the following sources
with precedence in the order listed:
i) Lowest acceptable bona fide Contractor's proposal received for
any or all portions of the Project.
ii) Estimate of project construction cost as defined in paragraph
d) below.
iii) The Architect's latest estimate of probable project construction
cost shall include such labor and material at current market cost.
c. When labor or material is furnished by the Owner, the project construction
cost shall include such labor and material at current market cost.
d. If a fixed limit of project construction cost is stated herein, or if
otherwise authorized by the Owner, estimates of the project construction cost
prepared in semi-detailed or detailed form by an experienced estimator will be
secured by the Architect during the Design Development or Construction Docu-
ments Phase.
e. If the estimated project construction cost or the lowest bona fide
proposal is in excess of any limit stated herein, the Owner shall give written
approval of an increase in the limit, or he shall cooperate in revising the
project scope of quality, or both, to reduce the cost as required.
16. The Architect's Expense
a. Direct Personnel Expense includes that of principals and employees
engaged on the Project including architects, engineers, designer, job cap-
tains, draftsmen, specification writers, typists and Project Representatives,
in consultation, research, designing, producing drawings, specification and
other documents pertaining to the Project, and services during construction
at the Project site. Employees' time shall be at their regular rates of pay.
b. Reimbursable Expense includes actual expenditures made by the Archi-
tect in the interest of the Project for the following incidental expenses.
i) If authorized in advance by the Owner, the expense of Project
Representative, overtime work requiring higher than regular rates,
semi-detailed and detailed estimates of project construction cost,
perspectives or models for the owner's use.
ii) If their employment is authorized in Advance by the Owner, fees
of special consultants, for other than the normal structural, mech-
anical and electrical engineering services.
17.• Payment to the Architect
a. Payment on accounts of the Architect's basic services shall be as
follows:
i) A primary payment of 5 per cent of the compensation for basic
services, payable upon the execution of the Agreement, is the min-
imum payment under the Agreement.
ii) Subsequent payments shall be made monthly in proportion to
services performed to increase the compensation for basic services
to the following percentages at the completion of each phase of the
work:
1) Schematic Design Phase 15%
2) Design Development Phase 35%
3) Construction Documents Phase 75%
4) Receipt of Bids 80%
5) Construction Phase 100%
b. Payments for extra services of the Architect as defined in Article
II and for Reimbursable Expense as defined in Paragraph 16 shall be made
monthly upon presentation of Architect' s detailed invoice.
c. No deduction shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from payments to
contractors.
d. If any work designed or specified by the Architect during any phase
of service is abandoned or suspended in whole or in part, the Architect is to
be paid for the service performed on account of it prior to receipt of written
notice from the Owner of such abandonment or suspension together with reim-
bursements then due any terminal expense resulting from abandonment or sus-
pension for more than three months.
18. Accounting Records of the Architect
Records of the Architect's Direct Personnel, Consultant, and Reim-
bursable Expense pertaining to this Project and records of accounts between the
Owner and Contractor shall be kept on a generally recognized accounting basis
and shall be available to the Owner or his authorized representative at mutually
convenient times.
19. Termination of Agreement
This Agreement may be terminated by either party upon seven days
written notice should the other party fail substantially to perform in accord-
ance with its terms through no fault of the other. In the event of termination,
due to the fault of persons other than the Architect, the Architect shall be
paid for services performed to termination date, including reimbursements then
due, plus terminal expense.
20. Ownership of Documents
Drawings and specifications as instruments of service are the prop-
erty of the Architect whether the project for which they are made is
executed or not. They are not to be used on other projects except by agreement
in writing.
21. Successors and Assigns
The Owner and the Architect each binds himself, his partners, suc-
cessors, assigns and legal representatives to the other party to this Agreement
and to the partners, successors, assigns and legal representatives of such
other party in respect of all covenants of this Agreement. Neither the Owner
nor the Architect shall assign, sublet or transfer his interest in this Agree-
ment without the written consent of the others.
22. Arbitration
Arbitration of all questions in dispute under this Agreement shall
be at the choice of either party and shall be in accordance with the provisions,
then obtaining, of the Standard Form of Arbitration Procedure of the American
Institute of Architects. This Agreement shall be specifically enforceable
under the prevailing arbitration law and judgement upon the award rendered
and may be entered in the court of the forum, state or federal, having
jurisdiction. The decisions of the arbitrators shall be a condition pre-
cedent to the right of any legal action.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be signed as of the day and year first above written
ATTEST: CITY OF WICHITA FALLS, TEXAS
BY:
City Clerk Gerald G. Fox, City Manager
ATTEST: ARCHITECT
BY:
Approved as to form:
City Attorney
Funds available and encumbered:
Director of Finance
ATTACHMENT I
SCOPE OF SERVICES
DEPOT SQUARE
I. Basic Service of the Architect
1. The Architect shall meet with potential participating agencies and
private property owners and conduct required research and analysis.
This will involve conference with various agencies and with the City
Staff. In support of this basic service, the Architect, in cooperation
with the City Staff, will hold a series of formal scheduled workshops
to obtain public involvement. The number of required workshops shall
be between four (4) and six (6) .
2. The Architect shall review the Depot Square Preservation Plan for Midtown
Wichita Falls to insure that all required work is compatible with this
approved plan.
3. Schematic Design Phase
a) The Architect shall consult with the city to ascertain the require-
ments of the project and shall confirm such requirements to the
city.
b) The Architect shall prepare, review, and amend schematic design
studies leading to a recommended solution together with a general
description of the project for approval by the City.
c) The Architect shall prepare the plans in accordance with applicable
Federal standards. These shall include but not be limited to the
Architectural Barriers Act, the Flood Disaster Protection Act, and
the National Historic Preservation Act.
d) The Architect shall submit to the City a statement of the probable
project construction cost based on current area, volume or other
unit cost.
e) The Architect will not clear plans and specifications until after
the project has been environmentally cleared.
4. Design Development Phase
a) The Architect shall prepare from the approved schematic design studies,
the design development documents consisting of plans, elevations
and other drawings, and outline specifications, and fix and illustrate
the size and character of the entire Project in its essentials as
to kind of material, type of structure, mechanical and electrical
systems and such other work as may be required.
b) The Architect shall submit to the City a further statement of the
probable project construction cost and, if authorized by the City,
obtain a semi-detailed estimate of such cost.
S. Construction Documents Phase
a) The Architect shall prepare from the approved design development
documents, working drawings and specifications setting forth in de-
tail and prescribing the work to be done, and the materials, work-
manship, finishes, and equipment required for the architectural,
structural, mechanical, electrical, service-connected equipment,
and site work, and the necessary bidding information, General Con-
ditions of the Contract, and Supplementary General Conditions of
the Contract, and shall assist in the drafting of proposal and
contract forms.
b) 'The Architect shall keep the City informed of any adjustments to
previous statements of the probable project construction cost indi-
cated by changes in scope, requirements, or market conditions.
c) The Architect shall be responsible for filing the required documents
to secure approval of governmental authorities having jurisdiction
over the design of the Project.
d) The Architect shall comply with federal standards of the Department
of Housing and Urban Development.
6. Construction Phase - General Administration of Construction Contracts
a) The Architect shall assist the City in obtaining proposals from con-
tractors. To the extent provided by the Contract between the City
and the Contractor, the Architect shall make decisions on all
claims of the City and Contractor and on all other matters relat-
ing to the execution and progress of the work or the interpreta-
tion of the Contract Documents.
b) The Architect shall check and approve samples, schedules, shop drawings
and other submissions only for conformance with the design concept of
the Project and for compliance with the information given by the
Contract Documents, prepare change orders and assemble written
guarantees required of the Contractors.
c) The Architect will make periodic visits to the site to familiarize
himself generally with the progress and quality of the work and to
determine in general if the work is proceeding in accordance with
the General Documents . He will not be required to make exhaustive
or continuous onsite inspections to check the quality or quantity
of the work and he will work in accordance with the Contract Docu-
ments. During such visits and on the basis of his observations
while at the site, he will keep the City informed of the progress
of the work, will endeavor to guard the City against deficiencies
in the work of Contractors, and he may condemn work as failing to
conform to the Contract Documents. Based on such observations
and the Contractors' Applications for Payment, he will determine
the amount owing to the Contractor and will issue Certificates for
Payment in such amounts . These Certificates will constitute a re-
presentation to the City, based on such observations and the data
comprising the Application for Payment that the work has progressed
to the point indicated. By issuing a Certificate for Payment, the
Architect will also represent to the City that, to the best of his
knowledge, information and belief based on what his observations
have revealed, the quality of the work is in accordance with the
Contract Documents. He will conduct inspections to determine the
dates of substantial and final completion and issue a final Cer-
tificate for Payment.
d) If more extensive representation at the site is required, the con-
ditions under which such shall be furnished and Project Representa-
tive selected, employed and directed, shall be agreed to by the
City and the Architect .
e) Upon Completion of construction, the Architect shall furnish a set
of "as Built" drawings to the Owner, along with the original copies
of all warrantees and guarantees.
II. Extra Service of the Architect
The following services, if performed due to unusual circumstances, cause the
Architect extra expense, shall be paid for by the Owner as a multiple of
Direct Personnel expense.
1. Holding more than six (6) workshops as defined in Part I, paragraph 1.
2. Revising previously approved drawings or specifications to accomplish
changes ordered by the Owner.
3. Consultation concerning replacement of any work damaged by fire or other
cause during construction and furnishing professional services of the types set
forth in paragraph C.1. , as may be required in connection with the replacement
of such work.
4. Preparing Special Concept and Schematic Plans, as required by the Owner,
relating to the development of Depot Square including any necessary research
regarding historical structures.
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
This agreement made as of the day of
in the year Nineteen Hundred and Seventy-seven by and between the City of Wichita
Falls, hereinafter called the Owner, and Killebrew, Rucker, Associates, herein-
after called the Architect, witnesseth that whereas the Owner intends to include
the designs and plans for intense beautification of street intersections;
NOW, THEREFORE, THE OWNER AND THE ARCHITECT FOR THE CONSIDERATIONS HEREIN-
AFTER SET FORTH AGREE AS FOLLOWS:
A. WHEREAS the owner desires to engage the Architect to render certain
technical or professional services hereafter described in connection with an limier-
taking which is expected to be financed under a General Revenue Sharing Grant:
B. The Owner agrees to pay the Architect as compensation for his
services:
1) For his basic service seven percent (7%) of the project construc-
tion costs, hereinafter referred to as the Basic Rate, the work to be let under
a single lump sum contract, architectural fees for project construction and cost
of construction not to exceed $47,000.
2) For extra service defined in Article II hereinafter, the owner
agrees to pay the Architect 2.5 times the Direct Personnel Expense as defined
in Paragraph 16.
3) Reimbursable expense as defined hereinafter in Paragraph 16 to the
amount expended.
4) For the completion of schematic plans as defined in Attachment I,
the owner agrees to pay the Architect the sum of $3,000.
C. The parties hereto further agree to the following conditions:
1) Employment of Contractor. The Owner hereby agrees to engage the
Architect and the Architect hereby agrees to perform in cooperation with the
Owner the services hereinafter set forth in Attachment I.
2) Personnel.
a) The Architect represents that he has, or will secure at his
own expense, all personnel required in performing the services under this con-
tract. Such personnel shall not be employees of or have any contractual rela-
tionship with the Owner.
b) All of the services required hereunder will be performed by
the Architect or under his supervision, and all personnel engaged in the work
t
Remainder of contract identical to previous contract with Michael 0. Maloney-
Architect.
Attachment I
SCOPE OF SERVICES
PEDESTRIAN IMPROVEMENTS
I. Basic Service of the Architect
1. The Architect shall meet with potential participating agencies and pri-
vate property owners and conduct required research and analysis. This
will involve conferences with various agencies and with the City staff.
2. The Architect shall review preliminary site analyses prepared by the
Planning Division and make any necessary modifications.
3. Schematic Design Phase
a) The Architect shall consult with the City to ascertain the require-
ments of the project and shall confirm such requirements to the
City.
b) The Architect shall prepare, review, and amend schematic design
studies leading to a recommended solution together with a general
description of the Project for approval by the City. This will
include one drawing sheet for each block face (5 blocks) and shall
contain elevations for each side of the street and a plan view.
c) The Architect shall prepare the plans in accordance with applicable
Federal standards. These shall include but not be limited to the
Architectural Barriers Act.
d) The Architect shall submit to the City a statement of the probable
project construction cost based on current area, volume or other
unit cost.
e) The Architect will not clear plans and specifications until after
the project has been environmentally cleared.
4. Design Development Phase
a) The Architect shall prepare from the approved schematic design stud-
ies the design development documents consisting of plans, elevations
and other drawings, and outline specifications, and to fix and
illustrate the size and character of the entire Project in its es-
sentials as to kind of material, type of structure, mechanical and
electrical systems and such other work as may be required.
b) The Architect shall submit to the City a further statement of the
probable project construction cost and, if authorized by the City,
obtain a semi-detailed estimate of such cost.
5. Construction Documents Phase
a) The Architect shall prepare from the approved design development
documents, working drawings, and specifications setting forth in
detail and prescribing the work to be done, and the materials, work-
manship, finishes, and equipment required for the architectural,
structural, mechanical, electrical, service-connected equipment, and
site work, and the necessary bidding information, General Conditions
of the Contract, and Supplementary General Conditions of the Contract,
and shall assist in the drafting of proposal and contract forms.
b) The Architect shall keep the City informed of any adjustments to
previous statements of the probable project construction cost indi-
cated by changes in scope, requirements, or market conditions.
c) The Architect shall be responsible for filing the required documents
to secure approval of governmental authorities having jurisdiction
over the design of the Project.
d) The Architect shall comply with Federal standards of the Department
of Housing and Urban Development.
6. Construction Phase - General Administration of Construction Contracts
a) The Architect shall assist the City in obtaining proposals from Con-
tractors and in awarding and preparing construction contracts. To
the extent provided by the Contract between the City and the Con-
tractor, the Architect shall make decisions on all claims of the
City and Contractor and on all other matters relating to the execu-
tion and progress of the work or the interpretation of the Contract
Documents.
b) The Architect shall check and approve samples, schedules, shop draw-
ings and other submissions only for conformance with the design con-
cept of the Project and for compliance with the information given by
the Contract Documents, prepare change orders and assemble written
guarantees required of the Contractors.
c) The Architect will make periodic visits to the site to familiarize
himself generally with the progress and quality of the work and to
determine in general if the work is proceeding in accordance with the
General Documents. He will not be required to make exhaustive or
continuous onsite inspections to check the quality or quantity
of the work and he will work in accordance with the Contract Docu-
ments. During such visits and on the basis of his observations while
at the site, he will keep the City informed of the progress of the
work, will endeavor to guard the City against defects and deficien-
cies in the work of Contractors, and he may condemn work as failing
to conform to the Contract Documents. Based on such observations
and the Contractors' Applications for Payment, he will determine
the amount owing to the Contractor and will issue Certificates for
Payment in such amounts. These Certificates will constitute a re-
presentation to the City, based on such observations and the data
comprising the Application for Payment that the work has progressed
to the point indicated. By issuing a Certificate for Payment, the
Architect will also represent to the City that, to the best of his
knowledge, information and belief based on what his observations
have revealed, the quality of the work is in accordance with the
Contract Documents. He will conduct inspections to determine the
dates of substantial and final completion and issue a final Certi-
ficate for Payment.
d) If more extensive representation at the site is required, the con-
ditions under which such shall be furnished and Project Represen-
tative selected, employed and directed, shall be agreed to by the
City and the Architect.
e) Upon completion of construction, the Architect shall furnish a set
of "as built" drawings to the Owner, along with the original copies
of all warrantees and guarantees.
II, Extra Service of the Architect
The following services, if performed due to unusual circumstances, cause
the Architect extra expense, shall be paid for by the Owner as a multiple of
Direct Personnel expense.
1. Making planning surveys and special analyses of the Owner's needs to
clarify requirements of the Project when requested by the Owner.
2. Revising previously approved drawings or specifications to accomplish
changes ordered by the Owner.
3. Consultation concerning replacement of any work damaged by fire or
other cause during construction and furnishing professional services of
the types set forth in paragraph C.1. , as may be required in connection
with the replacement of such work.
g);,:;
such sequence as to assure their expeditious completion in the light of the purposes of this
Contract, but in any event all of the services required hereunder shall be completed by June
30, 1977.
6. Compensation. The Planning Agency agrees to pay the Contractor on a
reimbursable rate fee basis, using the rates and procedure as indicated in the attached
schedule (Attachment No. 1), subject to a maximum amount of $7,000.00.In no event shall
the total fee paid exceed this maximum amount without the prior written approval of the
Planning Agency.
7. Method of Payment. The Contractor shall submit a summary of hours worked
by labor classification. Payment will be made, however, in two payments.
The first payment of $3,000 will be made at the time the Contractor completes the
field study, prior to preparation of the written report. The second payment, $2,500 plus
expenses, total payment not to exceed $4,000 will be made upon completion of the work
and submission of the written report.
8. Termination of Contract for Cause. If at any point during the course of the
market survey, preliminary findings tend to indicate insufficient demand, the Contractor
will notify the Planning Agency and a conference will be held to discuss the findings. Should
the Planning Agency decide at this time to change the scope of the study, the Contractor
shall be entitled to receive just and equitable compensation for any satisfactory work
completed.
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner
his obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the Planning Agency shall thereupon have the
right to terminate this Contract by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In that event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports or other material
prepared by the Contractor under this Contract shall, at the option of the Planning Agency,
become its property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other material.
Notwithstanding the above, the Contractor shall not be relieved of liability to the
Planning Agency for damages sustained by the Planning Agency by virtue of any breach of
the Contract by the Contractor, and the Planning Agency may withhold any payments to
the Contractor for the purposes of setoff until such time as the exact amount of damages
due the Planning Agency from the Contractor is determined.
9. Termination for Convenience of Planning Agency. The Planning Agency can
terminate this Contract at any time by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least ten (10) days before the
effective date of such termination. In that event, all finished or unfinished documents and
other materials as described in Paragraph 8 above shall, at the option of the Planning
Agency, become its property. If the Contract is terminated by the Planning Agency as
provided herein, the Contractor will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bear to the total services of the
Contractor covered by this Contract, less payments of compensation previously made.
10. Changes. The Planning Agency may, from time to time, require changes in the
scope of the services of the Contractor to be performed hereunder. Such changes, including
any increase or decrease in the amount of the Contractor's compensation, which are
mutually agreed upon by and between the Planning Agency and the Contractor, shall be
incorporated in written amendments to this Contract.
11. Equal Employment Opportunity.
a) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin. The Contractor shall
take affirmative action to ensure that applicants are employed and that employees are
treated during employment, without regard to their race, color, religion, sex or national
origin. Such actions shall include, but not be limited to the following: employment,
upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or
terminations; rates of pay or other forms of compensation; selection for training including
apprenticeship; and participation in recreational and educational activities. The Contractor
agrees to post in conspicuous places available to employees and applicants for employment,
notices to be provided setting forth the provisions of this non-discrimination clause. The
Contractor will in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin. The Contractor will cause the
foregoing provisions to be inserted in all subcontracts for any work covered by this contract
so that such provisions will be binding upon such subcontractor provided that the foregoing
1
provisions shall not apply to contracts or subcontracts for standard commercial supplies or
raw materials.
b) The Contractor shall keep such records and submit such reports
concerning the racial and ethnic origin of applicants and employees as the Planning Agency
may require.
c) The Contractor agrees to comply with such rules, regulations, or
guidelines as HUD may issue to implement this project.
12. Interest of Members of Planning Agency and Others. No officer, member, or
employee of the Planning Agency and no members of its governing body, and no other
public official of the governing body of the locality or localities in which the Project is
situated or being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Project, shall participate in any decision
relating to this Contract which affects his personal interest or the interest of any
corportation, partnership, or association in which he is, directly or indirectly interested or
has any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds
thereof.
13. Assignability. The Contractor shall not assign any interest in this Contract, and
shall not transfer any interest in the same (whether by assignment or notation), without the
prior written consent of the Planning Agency thereto: Provided, however, that claims for
money due or to become due to the Contractor from the Planning Agency under this
Contract may be assigned to a bank, trust company, or other financial institution without
such approval. Notice of any such assignment or transfer shall be furnished promptly to the
Planning Agency.
14. Interest of Contractor. The Contractor covenants that he presently has no
interest and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be performed of this
Contract. The Contractor further covenants that in the performance of this Contract no
person having any such interest shall be employed.
15. Findings Confidential. Any reports, information, data, etc., given to or
prepared or assembled by the Contractor under this Contract which the Planning Agency
requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the Planning Agency.
16. Officials Not to Benefit. No members of or delegate to the Congress of the
United States of America, and no resident commissioner, shall be admitted to any share or
part hereof or to any benefit to arise herefrom.
17. Identification of Documents. All reports, maps, and , other documents
completed as a part of this Contract, other than documents exclusively for internal use
within the Planning Agency, shall carry the following notation on the front cover or a title
page, (or in the case of maps, in the same block containing the name of the Planning
Agency)
The preparation of this report, map, document, etc., was financed by a Community
Development Block Grant from the Department of Housing and Urban Development, under
the provisions of Title I of the Housing and Community Development Act of 1974, as
amended, together with the date (month and year) the document was prepared and the
name of the municipality, metropolitan area, or other planning area concerned.
18. Publication, Reproduction and Use of Material. No material produced in whole
or in part under this Contract shall be subject to copyright in the United States or in any
other country. The Planning Agency and HUD shall have unrestricted authority to publish,
disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other
materials prepared under this Contract, subject to the related clause in Attachment 1.
19. Audits and Inspections. At any time during normal business hours and as often
as the Planning Agency, HUD and/or the Comptroller General of the United States may
deem necessary, there shall be made available to the Planning Agency, HUD, and/or
representatives of the Comptroller General for examination all of its records with respect to
all matters covered by this Contract and will permit the Planning Agency, HUD, and/or
representatives of the Comptroller General to audit, examine and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Contract.
20. The attached Section 3 Plan is a part of this contract.
IN WITNESS WHEREOF the Planning Agency and the Contractor have executed this
agreement as of the date first above written.
City of Wichita Falls
Planning Agency
ATTEST: BY
Gerald G. Fox, City Manager
C /
Contractor
BY 4tajL ,
Title Title and Capa •ty)
City Clerk
ATTACHMENT I
SCOPE OF SERVICES
ECONOMIC FEASIBILITY STUDY
This Scope of Services outlines the work to be done in preparing the Economic
Feasibility Study for a hotel facility in community development target sectors in WichitaFalls, Texas.
STUDY OBJECTIVES
The study objectives would be as follows:
1) Evaluation of each site to determine the potentials for the development of a
hotel.
2) Determination of the demand for the facility and the translation of the demand
into specific recommendations as to size and type of development along with
the supporting amenities.
3) Prepare projections of estimated income and expense for the project. The
statement would be brought down to estimated income before capital charges
such as rent, interest, depreciation, amortization and taxes on income.
4) The preparation of the final report for the project, assuming positive findings
and conclusions, that will set forth the details and findings of the study and
assist in the determination of the economic feasibility of the project.
METHODOLOGY
The study will be divided into two phases as follows:
Phase I - Market Surveys
A. Site Locations
The sites would be evaluated relating to their intended uses i.e.:
a) Location relative to demand generators
b) Ease of ingress and egress
c) Environment
d) Effect of future plans
e) Competitive factors
f) Transportation factors
B. Analysis of Demand For The Hotel Facility
a) Evaluation of economic trends in the community as they relate to
sustaining demand for hotel services now and in the future.
i
b) Analysis of potential sources of business
Commercial travelers
Group meetings
Conventions
Tourists & visiting travelers to the community
c) Analysis of competition i.e. qualitative and quantitative assessment of
the lodging industry in Wichita Falls.
On the basis of these findings, recommendations will be made as to the
facilities required and estimates will be developed as follows:
Number of guest rooms
Size of restaurant and lounge
Meeting space requirements
Related services and amenities
Estimates of occupancy levels that may be attained
Estimates of average room rate
Phase II - Financial Analysis
On the basis of market survey findings, statements of estimated income and
expense for the development will be prepared. The financial projection will be
presented at three volume levels expressed in current value dollars for a representative
year of operation.
If at any point during the course of this survey, preliminary findings tend to
indicate insufficient demand, this contract may be terminated or amended as defined
in Paragraph 8 of this contract.
Upon completion of this study, the contractor will submit to the Planning
Agency a written report which expresses the Contractor's opinion of the market
demand for the project.
The report may be used to assist the Planning Agency in negotiating mortgage
financing, a franchise or management agreement. However, neither the contractor's
name nor the material submitted will be reproduced or included in any prospectus,
newspaper publicity, or as a part of any printed material, or used in offerings or
representations in connection with the sale of securities or participation interests to
the public.
FEE SCHEDULE
Contractor's Fee . . . $5,500
Expenses 1,500
Total 7,000
AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION
This agreement, entered into this 3rd day of February 1977, between
the Secretary of the Air Force, acting pursuant to the authority of the Act of May 27, 1955
69 Stat 66), and U. S. Code (U.S.C. 1856) and the City of Wichita Falls, Texas is for the
purpose of securing to each the benefits of mutual aid in fire prevention, in the protection
of life and property from fire, and in firefighting. It is agreed that:
Upon request to a representative of the Sheppard Air Force Base Fire Department by
a representative of the Wichita Falls Fire Department, firefighting equipment and personnel
of the Sheppard Air Force Base Fire Department will be dispatched to any point within the
area for which the Wichita Falls Fire Department normally provides fire protection as
designated by the representative of the Wichita Falls Fire Department.
II
On request to a representative of the Wichita Falls Fire Department by a
representative of the Sheppard Air Force Base Fire Department, firefighting equipment and
personnel of the Wichita Falls Fire Department will be dispatched to any point within the
firefighting jurisdiction of the Sheppard Air Force Base Fire Department as designated by
the representative of the Sheppard Air Force Base Fire Department.
III
Any dispatch of equipment and personnel pursuant to this agreement is subject to the
following conditions:
a) Any request for aid hereunder shall include a statement of the amount and
type of equipment of personnel requested, and shall specify the location to which the
equipment and personnel are to be dispatched, but the amount and type of equipment and
number of personnel to be furnished shall be determined by a representative of the
responding organization.
b) The responding organization shall report to the officer in charge of the
requesting organization at the location to which the equipment is dispatched and shall be
subject to the orders of that official.
c) A responding organization shall be released by the requesting organization
when the services of the responding organization are no longer required or when the
responding organization is needed within the area for which it normally provides fire
protection.
d) In the event of a crash of aircraft owned or operated by the United States or
military aircraft of any foreign nation within the area for which the Wichita Falls Fire
Department normally provides fire protection, the Chief of the Sheppard Air Force Base
Fire Department or his representative may assume full command upon his arrival at the
scene of the crash.
IV
Each party waives all claims against every other party for compensation for any loss,
damage, personal injury, or death occurring as a consequence of the performance of this
agreement.
V
No party shall be reimbursed by any other party for any costs incurred pursuant to
this agreement.
VI
All equipment used by Wichita Falls Fire Department in carrying out this agreement
will, at the time of action hereunder, be owned by it; and all personnel acting for the City of
Wichita Falls, Texas under this agreement will, at the time of such action, be an employee or
volunteer member of Wichita Falls Fire Department.
FOR THE CITY OF FOR THE SECRETARY
WICHITA FALLS, TEXAS: OF THE AIR FORCE:
GERALD FOX ROBERT D. HALEY, Colonel, USAF
City Manager Commander
Sheppard Air Force Base, Texas
HURSIIEL JOHNSON IIOLLIS E. SKIDMORE
Fire Chief Base Fire Chief
Sheppard Air Force Base, Texas
ATTEST:
WI LMA THOMAS
Deputy City Cler::
1 /5' >7
STATE OF TEXAS
n7 4, <
COUNTY OF WICHITA
This lease made and entered into this the 16 day of Fehrtiary 1977,
between the City of Wichita Falls, Texas, Lessor and City National Bank in
Wichita. Falls Lessee,
WITNESSETH:
In consideration of the covenants herein contained on the part of Lessee to
be kept and performed, Lessor does hereby lease unto Lessee all those certain
lots, tracts, and parcels of land situated in Wichita County, Texas, to-wit:
All of Lots 6 and 7, Block 176, and all of Lots 8 and 9, Block 177,
in the Original Town site of Wichita Falls, Texas.
The term of this lease shall be a period of five years, beginning the 1st
day of March 1977 and ending the 28th day of February 1982.
Lessee has an option to renew this lease for an additional period of five years;
Lessor may exercise such option by giving Lessee notice in writing of his
intention to exercise same not less than sixty days prior to the expiration of the
primary term of this lease.
The leased premises shall be-used by Lessee for parking purposes only.
Lessee shall pay annual rental for this lease in the sum of one thousand
eight hundred dollars ($1,800.00) per year, which shall be payable monthly in
advance in installments of one hundred fifty dollars ($150.00) each.
Lessee shall maintain the property in a clean and attractive condition during
the term of this lease.
Lessee shall pay any ad valorem taxes which may be assessed against
the leasehold estate during the term of this lease.
If the Lessee fails to pay any monthly installment of rent within fifteen
days after it becomes due, or if Lessee breaches any other covenant of this lease
and fails to correct such breach within thirty days after being notified in writing
by Lessor of such breach, Lessor shall have the right to terminate this lease.
If, during the term of this lease, the Board of Aldermen of Wichita Falls
should find that either lots 6 and 7 of Block 176, or Lots 8 and 9 of Block 177,
or all four of such lots, are needed by the City for some other public purpose
which is of higher priority, Lessor may terminate this lease as to Lots 6 and
7, as to Lots 8 and 9, or as to all lots, by giving Lessee notice in writing one
year prior to such termination. If the lease is terminated on a part of the pro-
perty, the rental shall be reduced proportionately. Lessee shall also have such
right to terminate the lease in whole or in part, by giving Lessor one year's
notice in writing.
Lessee shall make no modifications to the improvements on the premises
without the consent of Lessor's City Manager. If modifications are made, at
termination Lessee will restore the premises to the condition they were in at
the beginning of the lease.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed as of the day and year first stated above.
ATTEST:City of Wichita Falls
fiy 1 1 r _ By: -')-(
11)- 2\''
City Clerk City Manager
ATTEST: City National Bank
By / : 6 i C c
Asst. Vice President President
j ; f'
STATE OF TEXAS X
COUNTY OF WICHITA
This lease made and entered into this the 16 day of Fehruary 1977,
between the City of Wichita Falls, Texas, Lessor and City National Bank in
Wichita. Falls Lessee,
WITNESSETH:
In consideration of the covenants herein contained on the part of Lessee to
be kept and performed, Lessor does hereby lease unto Lessee all those certain
lots, tracts, and parcels of land situated in Wichita County, Texas, to-wit:
All of Lots 6 and 7, Block 176, and all of Lots 8 and 9, Block 177,
in the Original Town site of Wichita Falls, Texas.
The term of this lease shall be a period of five years, beginning the 1st
day of March 1977 and ending the 28th day of February 1982.
Lessee has an option to renew this lease for an additional period of five years;
Lessor may exercise such option by giving Lessee notice in writing of his
intention to exercise same not less than sixty days prior to the expiration of the
primary term of this lease.
The leased premises shall be used by Lessee for parking purposes only.
Lessee shall pay annual rental for this lease in the sum of one thousand
eight hundred dollars ($1,800.00) per year, which shall be payable monthly in
advance in installments of one hundred fifty dollars ($150.00) each.
Lessee shall maintain the property in a clean and attractive condition during
the term of this lease.
Lessee shall pay any ad valorem taxes which may be assessed against
the leasehold estate during the term of this lease.
If the Lessee fails to pay any monthly installment of rent within fifteen
days after it becomes due, or if Lessee breaches any other covenant of this lease
and fails to correct such breach within thirty days after being notified in writing
by Lessor of such breach, Lessor shall have the right to terminate this lease.
If, during the term of this lease, the Board of Aldermen of Wichita Falls
should find that either lots 6 and 7 of Block 176, or Lots 8 and 9 of Block 177,
or all four of such lots, are needed by the City for some other public purpose
which is of higher priority, Lessor may terminate this lease as to Lots 6 and
7, as to Lots 8 and 9, or as to all lots, by giving Lessee notice in writing one
year prior to such termination. If the lease is terminated on a part of the pro-
perty, the rental shall be reduced proportionately. Lessee shall also have such
right to terminate the lease in whole or in part, by giving Lessor one year's
notice in writing.
Lessee shall make no modifications to the improvements on the premises
without the consent of Lessor's City Manager. If modifications are made, at
termination Lessee will restore the premises to the condition they were hi at
the beginning of the lease.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed as of the day and year first stated above.
ATTEST:City of Wichita Falls
City Clerk City Manager
ATTEST: City National Bank
By 1/K. l 6 --
Asst. Vice President President