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Min 03/01/1977325 Wichita Falls, Texas Memorial Auditorium Building March 1, 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 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 Marvin Knox, Southside Baptist Church. Item 3 Moved by Alderman Mathis that minutes of the meeting held February 15, 1977, be approved. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 4 Fire Chief Hurshel Johnson presented the divisional briefing on the Fire Department, and Earl Potts, Fire Marshal, presented the briefing on Fire Prevention. Item 5a r A proposed resolution was presented setting refuse rates on certain properties abutting alley paving projects. ORDINANCE NO. 3164 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Garcia that Ordinance No. 3164 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 5b A proposed ordinance was presented closing a portion of Kentucky Avenue, Brick Street, and the alley in Block A of the Granger and Ballow Addition. ORDINANCE NO. 3165 AN ORDINANCE CLOSING AND ABANDONING THAT PART OF KENTUCKY AVENUE LYING BETWEEN BLOCKS 3 AND 4 OF THE BARWISE AND JALONICK ADDITION OF THE CITY OF WICHITA FALLS, TEXAS; CLOSING AND ABANDONING THAT PART OF BRICK STREET ADJACENT TO BLOCK 1 OF THE BATESON ADDITION OF SAID CITY ON THE WEST SIDE, THE SAME BEING THE 100 BLOCK OF BRICK STREET; CLOSING AND ABANDONING THE SOUTH 100 FEET OF THE 12 FOOT ALLEY LOCATED IN BLOCK A OF THE GRANGER AND BALLOW ADDITION OF SAID CITY; AND DECLARING AN EMERGENCY. 326 Item 5b, cont'd. Moved by Alderman Ashbrook that Ordinance No. 3165 be approved. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None v Item 5c A proposed ordinance was presented establishing civil service positions in the Fire Department. V ORDINANCE NO. 3166 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES, INCREASING BY 1 THE NUMBER OF FIRE LIEUTENANTS, AND DECREASING BY 1 THE NUMBER OF FIRE CAPTAINS. Moved by Alderman McAlister that Ordinance No. 3166 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 5d Discussion was held on the request of Sikes Senter Development Corporation for curb access on Kemp Boulevard between Elliott Street and Southwest Parkway. The City Manager recommended that the developers be required to construct and pay for left hand r+ 'r' storage lanes in Kemp Boulevard when and if that becomes necessary. The drainage ditch now separates the two directions of traffic. David Tate appeared as attorney for owner of the property in question, requesting a maximum of 12 curb cuts. They desire some flexibility in their planning, and their request is based upon receiving joint approval of both the Planning and Traffic Departments. He stated that Mr. Ondrejas and Mr. Ilschner have worked with them, and both have a great deal of integrity. He questions whether Sikes Senter Corporation should be burdened with paying for left turn storage lanes at existing median cuts along this facility. Ordinance No. 2734 applies to median cuts, stacking lanes, etc. He does not feel that the existing ordinance would cover this situation. He mentioned several locations where a curb cut did not require a left turn stacking lane, such as Skaggs Albertsons (north curb cut) , Sherwood Forest Apartments, Wichita Falls Country Club, and Spears Furniture. He noted that farther on down Midwestern Parkway a stacking lane was put in at the same time the median was installed. It was pointed out that stacking lanes are provided due to unpaved streets off Midwestern Parkway east of the Jacksboro Highway. Mr. Tate stated that by placing this cost on the developer of Midwestern Park Addition you might very well prohibit the development of it. It would also increase the tax dollars. They are not applying for a left turn stacking bay. Charles Tipp appeared as Director of Marketing for Sikes Senter Corporation. He stated that they are applying for 11 curb cuts, but will take back two of them if they do not serve the traffic flow. He stated that they are willing to live with the plan they are presenting today. All curb cuts were offset not to have left hand turns into the property. They would have to go to the end of the block to make a left turn. Mark Conn, Vice-President of Sikes Senter Corporation, stated that they are the third largest taxpayer in Wichita Falls. It is their intent to either develop the property behind Kemp, or to let someone else develop it properly. They are willing to put the streets in at their own cost, but the cost of putting in these left turn lanes is so prohibitive that they cannot develop the property if that has been made a requirement. They are willing to put in left turn lanes if the City would fill in the drainage ditch across the lanes on Kemp. They are asking for these curb cuts before they sell the property. They will not be able to develop the property if they are required to make the left turn lanes across Kemp. He estimated a cost of $50,000 to 60,000 for each left turn lane. He also stated that this property is assessed at 25,000 per acre. 327 Item 5d, cont'd. Alderman McAlister inquired what steps we are taking on McGrath Creek today to prevent drainage problems when the other property in Sikes is developed? Alderman Ryle pointed out that every development which is made increases the drainage problem downstream. Ernest Lillard explained that the system which they are now designing on McGrath Creek would handle a twenty-five year storm frequency. Ed Ilschner, Director of Traffic, stated that the north left turn slot at Skaggs was not put in because it was designed primarily for egress instead of ingress. Skaggs did provide the money for that one left turn storage bay. The policy which we have now allows for median cuts at other than designated streets where there is a large traffic volume. The primary purpose of a major arterial street is to move large traffic volumes. He further stated that they would not be required to put in the left turn bays at the time the development occurs, but would have an opportunity to recoup a part of their investment before it would be necessary. The City would make a study of the traffic patterns along there before requesting the left turn storage bays. Rhea Road South was cited as an example of a left turn bay which was paid for by the developer. Ernest Lilla.rd explained that the City put in the left turn bays on Midwestern Parkway and other streets where access points were available at the time the street was put in. A motion was made and seconded to adopt the proposal of Sikes Senter Corporation, but that we include also the addition of Paragraph 6 to Section One dealing with the construction of a left turn storage bay. At this point in time Mr. Conn stated that he desired to withdraw his request because they could not saddle the property owner with the additional cost of the left turn curb cuts. A substitute motion was made and seconded that the ordinance be adopted as presented by Mr. Tate. The motion was withdrawn. Mr. Tate suggested various wordings for Paragraph 6, as did City Manager Gerald Fox. Following the words "construction costs", Mr. Fox suggested the following: and would include only normal costs for construction of such left turn storage bay construction, exclusive of any drainage improvements. The location of such left turn storage bay shall be determined by the Director of Traffic, based on studies of turning movement volumes, traffic flow patterns, and other safety considerations." This was agreeable to Sikes Senter Corporation officials. The following substitute motion was made. ORDINANCE NO. 3167 AN ORDINANCE WAIVING FRONTAGE REQUIREMENTS ON CERTAIN PROPOSED LOTS IN PORTIONS OF THE PROPOSED MIDWESTERN PARK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, ABUTTING PROPERTY CURRENTLY OWNED BY TEXAS ELECTRIC SERVICE COMPANY, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3167 be passed with the addition of this paragraph. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Ashbrook, and Mathis Nays: Alderman Ryle (Alderman Gowan did not vote or take part in the discussion due to a possible conflict of interest) . v` Item 6a A proposed resolution was presented approving the sale of various city owned properties adjacent to the north frontage road of Kell Boulevard. One of the high bidders was an employee of the police department, and was not aware that his bid would be in violation of the city charter. It was recommended by the City Attorney that the next high bid be awarded, and that Tract 2 be retained by the City until a later date when it may again be advertised for sale. RESOLUTION NO. 1927 RESOLUTION ACCEPTING BIDS ON CITY-OWNED REAL ESTATE WHICH CONSTITUTED EXCESS KELL FREEWAY RIGHT-OF-WAY AND AUTHORIZING CITY MANAGER TO EXECUTE SPECIAL WARRANTY DEEDS. 328 Item 6a, con'd. WHEREAS, on January 4, 1977, the Board of Aldermen of the City of Wichita Falls granted permission to advertise for sale of nine city-owned properties located adjacent to the north frontage road of Kell Freeway which were excess parcels of right-of-way and established minimum bid prices; and, WHEREAS, on February 11, 1977, bids were received in the Purchasing Department for the sale of these properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The following bids submitted by the hereinafter named bidders are accepted in the amounts and on the properties hereinafter described: Property Property Name of Address Description Bidder Amount Bid 1) 1822 7027 s.f. , the remainder of Catherine Morris 9,057.00 Keeler west 50' of Lot 9, Blk. 68, Southland Addn. after R-O-W taking for Kell 3) 2306 3685 s.f. of replatted Rex M. Donley 380.98 Ave. Q Lot 8-A, Block 105-A, Highland Addn. 4) 2603 3487.5 s.f. , remainder of Big State Grinding and 4,776.76 Kemp Lot 17, Blk. 18-A, Highland Casting Repair Addn.R-O-W taking for Kell 5) 2202 1320 s.f. , the remainder of Howard Reynolds 162.00 Jones E. 100' of Lot 2, Blk. 94-A Highland Addn. after R-O-W taking for Kell 6) 2000 8887 s.f. replatted Lot 17-A Madge Francis 4,176.98 Shaw Blk 71, Southland Addn. 7) 1706 6570 s.f. , the remainder Heard Crouch 5,000.00 Wilson of Lot 21, Blk 61, Southland Addn. after R-O-W taking of Kell 8) 1655-16552 2746.5 s.f. , the remainder Karl G. King 350.00 McGregor of Lot 1, Blk 62, Southland Addn. , after R-O-W taking for Kell 9) 1632 3487.5 s.f. , replatted Lot Mrs. Perry Roark 610.00 McGregor 11-A, Blk.49, Southland Addn. Be it further resolved that the City Manager, Gerald G. Fox, is hereby authorized to execute special warranty deeds to the above named purchasers when they have paid the amount bid in full to the City of Wichita Falls, Texas. Moved by Alderman Garcia that Resolution No. 1927 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 6b A ro osed resolution waspp presented authorizing Nortex to contract for the purchase -, 4' of a new teletype machine for the Police Department. RESOLUTION NO. 1928 RESOLUTION AUTHORIZING EXPENDITURE OF $1,516.00 THROUGH NORTEX REGIONAL PLANNING COMMISSION FOR PURCHASE OF HIGH-SPEED TELETYPE MACHINE FOR POLICE DEPARTMENT. 329 Item 6b, cont'd. WHEREAS, the Police Department participates in a teletype communications network serving the twelve county Nortex Region; and, WHEREAS, the Criminal Justice Division of the Texas Governor's Office has decided to purchase for each user in the network a new high-speed teletype, for which the Criminal Justice Division will pay eighty-five percent of the cost, and the user city will pay fifteen percent of the cost, which fifteen percent amounts to $1,516.00, and the title to such machine will be vested in the user city. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Nortex Regional Planning Commission is hereby requested to file an application with the Criminal Justice Division for the purchase of a new high-speed teletype machine for the Wichita Falls Police Department; Nortex Regional Planning Commission is authorized to negotiate a contract to purchase such machine on behalf of the City of Wichita Falls, and the expenditure of the sum of $1,516.00 for the City's part of the cost of such machine is hereby authorized. Moved by Alderman Mathis that Resolution No. 1928 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None vItem 6c A proposed resolution was presented appointing a municipal judge. RESOLUTION NO. 1929 RESOLUTION APPOINTING ALBERT T. NICE MUNICIPAL JUDGE FOR A TWO YEAR TERM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Albert T. Nice is hereby appointed Municipal Judge of the City of Wichita Falls for a term of two years, beginning March 7, 1977, with an annual salary of $17,500.00. Moved by Alderman McAlister that Resolution No. 1929 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 6d A proposed resolution was presented amending the water purchase contract with the City of Iowa Park, increasing the water rates. The City Manager explained these changes, along with the difference in commodity and demand rate. RESOLUTION NO. 1930 RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF IOWA PARK, TEXAS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Water Purchase Contract, a copy of which is attached hereto, which amends that certain water purchase contract dated January 10, 1972 between the City of Wichita Falls and the City of Iowa Park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ryle that Resolution No. 1930 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None 330 Item 6e Discussion was held on a proposed water purchase contract for Dean Dale Water Supply Corporation. Frank Douthitt, Attorney for Dean Dale, stated that they are in agreement with Section 5 of the contract. RESOLUTION NO. 1931 RESOLUTION APPROVING WATER PURCHASE CONTRACT WITH DEAN DALE WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain water purchase contract, a copy of which is attached hereto, between the City of Wichita Falls and the Dean Dale Water Supply Corporation 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. 1931 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 6f A proposed resolution was presented accepting the asphalt portion of the 1975 Reconstruction Program. j RESOLUTION NO. 1932 RESOLUTION ACCEPTING CONSTRUCTION OF ONE AND ONE-HALF INCH TYPE "D" H.M.A.C. TO BE MACHINE LAID ON STREETS IN THE 1975 STREET RECONSTRUCTION PROGRAM WHEREAS, the City of Wichita Falls and Stuckey Construction Company, Inc. entered into a contract dated August 22, 1975, wherein said contractor agreed to construct one and one-half inch Type "D" H.M.A.C. to be machine-laid on streets in the 1975 Recon- struction Program, and WHEREAS, said construction has been completed in accordance with the plans and specifications and as determined by the City Engineer, and WHEREAS, the contract price for such construction was $151,437.50, one street was deleted, making the total amount due and paid on said contract $122,270.38 as shown by Estimate No. 10. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: The construction of one and one-half inch Type "D" H.M.A.C. to be machine-laid on streets in the 1975 Reconstruction Program is complete and accepted by the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1932 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 6g A proposed resolution was presented authorizing relocation of a sign at Midwestern Parkway and Kemp. RESOLUTION NO. 1933 RESOLUTION APPROVING PROPOSED FEE FOR RELOCATING A SIGN FROM PROPERTY REQUIRED FOR WIDENING MIDWESTERN PARKWAY. WHEREAS, it is necessary to relocate a sign from property required for widening Midwestern Parkway, and, WHEREAS, a proposed fee for relocating the sign has been submitted to the Public Works Department of the City of Wichita Falls and the amount of the fee has been 331 Item 6g, cont'd. studied by the Board of Aldermen, and a copy of the proposal is 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 proposed fee of Two Thousand Thirty Five and 50/100 2,035.50) dollars for relocating the sign from the right-of-way required in the widening of Midwestern Parkway is approved. Section No. 2 The Public Works Department is hereby authorized to issue a work order for the relocation of the sign for the proposed fee of Two Thousand Thirty- Five and 50/100 ($2,035.50) dollars and to pay D & D Sign Company upon satisfactory completion of the relocation of the sign. Moved by Alderman McAlister that Resolution No. 1933 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None i item 6h v , 1 s'"t' A proposed resolution was presented authorizing the City Manager to execute a construction and maintenance agreement with the State of Texas for Barnett Road from Southwest Parkway to Athletic Drive. RESOLUTION NO. 1934 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF WICHITA FALLS PROVIDING FOR CERTAIN IMPROVEMENTS ON BARNETT ROAD. WHEREAS, the Board of Aldermen has previously approved this project as evidenced in the acceptance of Minute Order 70519 dated September 30, 1975, which would provide for the improvement of Barnett Road from Southwest Parkway to Athletic Drive, and WHEREAS, the increased capacity provided by these improvements will provide beneficial traffic flow improvements for the traveling public of the City of Wichita Falls, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Agreement, a copy of which is attached hereto, between the State of Texas, acting through the State Department of Highways and Public Transportation and the City of Wichita Falls, Texas, providing for the modernization of Barnett Road from Southwest Parkway to Athletic Drive, is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Gowan that Resolution No. 1934 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 6i A proposed resolution was presented approving a continuing contract with First Wichita National Bank concerning hospital parking lot note. RESOLUTION NO. 1935 RESOLUTION APPROVING CONTINUING CONTRACT WITH THE FIRST-WICHITA NATIONAL BANK CONCERNING WICHITA GENERAL HOSPITAL NOTE, AND APPROVING ENCUMBRANCE OF LAND IN BLOCK 257, ORIGINAL TOWN. 332 Item 6i, cont'd. WHEREAS, the City of Wichita Falls sold to Wichita County-City of Wichita Falls, Texas, Hospital Board all of Block 257 of the Original Town of Wichita Falls, save and except Lot 1 of the replat of Lots 1 through 6 of such Block 257 for a price of four hundred thousand ($400,000.00) dollars, for which such Hospital Board executed a promissory note in that amount payable to the order of the City of Wichita Falls, that was secured by a vendor's lien and a deed of trust; and WHEREAS, the City of Wichita Falls sold such note, together with the vendor's lien and deed of trust, to The First-Wichita National Bank of Wichita Falls. The contract between the City and such Bank provided that the assignment of the note is with recourse; that is, the City shall remain secondarily liable on the note, and shall indemnify such Bank from any loss on the note. WHEREAS, the installment due on such note on December 30, 1976 is $265,510.87, and the Wichita County-City of Wichita Falls, Texas, Hospital Board has requested that the Bank renew and extend the unpaid balance of such note into a new note in such principal sum and payable in 18 equal semi-annual installments in a sum sufficient to amortize such note, the first such installment to be due and payable June 30, 1977, and the Bank is willing to accept the renewal note upon the condition that the City shall remain secondarily liable on the renewal note and shall indemnify such Bank from any loss on the renewal note: and WHEREAS, to secure payment of the renewal note the Wichita County-City of Wichita Falls, Texas, Hospital Board shall encumber the above described land by a deed of trust lien agreement in favor of the holder of the renewal note; and WHEREAS, in accordance with Section 103 of the Charter of the City of Wichita Falls, more than two weeks' public notice was given by Resolution No. 1916 that the Board of Aldermen would consider the adoption of a resolution authorizing such con- tinuing contract with the First-Wichita National Bank of Wichita Falls and approval of the encumbrance of the above described land to secure payment of the renewal note. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor is hereby authorized to execute and deliver to The First-Wichita National Bank of Wichita Falls a continuing contract with such Bank, under the terms of which contract the City of Wichita Falls, acting by and through its Board of Aldermen, does hereby agree to: Remain secondarily liable on the above described $265,510.87 note, and to hold and save The First-Wichita National Bank of Wichita Falls free from any loss on such note. During each year while there is any liability by reason of this agreement, including the calendar year 1977, the Board of Aldermen of the City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collection, which shall be sufficient to raise and produce the money required to pay any sums which may be or become due during any such year, and in no instance to be less than 2% of such obligation, together with all interest thereon, because of the obligation herein assumed. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any liability exists by reason of the obligation undertaken by this paragraph of this assignment, and the said ad valorem tax shall be assessed and collected each year until all of the obligations herein incurred shall have been discharged and all liability hereunder discharged. Such agreement shall continue for a period of ten years from December 30, 1976. The encumbrance of the above described land to secure payment of the renewal note by the deed of trust lien agreement from the Wichita County-City of Wichita Falls, Texas, Hospital Board in favor of the holder of the renewal note is approved. Moved by Alderman Mathis that Resolution No. 1935 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None Item 6j A proposed resolution was presented opposing merger of public law enforcement standards with private investigator and private security agencies. 333 Item 6j , cont'd. 7, . 4ESOLUTION NO. 1936 RESOLUTION OPPOSING THE PROPOSED MERGER OF THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION AND THE STATE BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES. WHEREAS, Law Enforcement Officers throughout the State of Texas, recognizing the need to improve the level of performance of local law enforcement though training, education and minimum moral, mental and physical standards, sought and obtained legislation in 1965, creating the Texas Commission on Law Enforcement Officer Standards and Education; and, WHEREAS, since its creation, the Law Enforcement Commission has steadfastly pursued the aims of its creators and through its efforts 45 police academies have been created and certified; law enforcement instructors have been trained and certified and have taught thousands of Texas Law Enforcement officers in such academies; law enforcement degree programs have been established in 44 junior colleges and 32 universities, teaching a total of 13,996 students in the last semester alone; management training for police administrators has been provided; records management systems for local law enforcement agencies have been developed; validated entry examinations have been developed and implemented for police applicants; and through all these efforts the average educational level of more than 30,000 law enforcement officers in the State of Texas has increased significantly; and, WHEREAS, all of these achievements by the Law Enforcement Commission have been accomplished without a charge by the Commission to the officer or the community in which the law enforcement department is located; and, WHEREAS, the Commission has previously relied primarily on federal grants from the Governors Criminal Justice Division for its funding, with the State furnishing only 18% of the total budget from state general revenue funds; and, WHEREAS, the Criminal Justice Council has passed a written resolution declaring that under its policies it can no longer fund the activities of the Commission after September 1, 1977, and that such funding should be secured from State general revenue funds; and, WHEREAS, the Legislative Budget Board has voted to recommend to the state legislature that the Texas Commission on Law Enforcement Officer Standards and Education be merged with the Board of Private Investigators and Private Security Agencies, and has not only failed to recommend adequate funding for the Commission, but has recommended reducing by 29% the State's current funding of the Commission out of general revenue funds; and, WHEREAS, it is imperative that the Texas Commission on Law Enforcement Officer Standards and Education remain an independent public service agency dedicated solely to the service of law enforcement, and not be joined with a private industry agency governing activities operated for private profit; and that adequate funding from State general revenue funds be provided to ensure the continued activities of the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. That the Legislative Budget Board reconsider its position and action in voting to merge the Texas Commission on Law Enforcement Officer Standards and Education with the Board of Private Investigators and Private Security Agencies; or upon failure of the Legislative Budget Board to reverse its decisions that the legislature vote against such merger. 2. That the Texas Commission on Law Enforcement Officer Standards and Education remain an independent agency dedicated solely to the service of law enforcement officers and departments throughout the State. 3. That the Texas Commission on Law Enforcement Officer Standards and Education be funded entirely from state general revenue funds. Funds can be assured for these purposes without additional taxes by voting for a bill adding a sufficient amount to the court costs assessed law violators who necessitate the establishment and maintenance of the criminal justice system. Be it further resolved that a copy of this resolution be forwarded to the Governor, to each member of the Legislative Budget Board and each State Representative and State Senator, in order that they may have made known to them the extreme gravity and public concern which we hold for the matters expressed in this resolution. 334 v Item 6j , cont'd. Moved by Alderman Garcia that Resolution No. 1936 be passed. Motion seconded by Alderman Ryle. Alderman McAlister stated that he does not know what the legislative committee had in mind when this was recommended, but he feels it is part of Governor Briscoe's plan for cutting spending. He cannot see that it will have any significant drawbacks. Alderman Garcia noted that money would be reduced for training of law enforcement officers. He does not see that private enterprise should be benefiting more than the cities. Alderman McAlister stated it is shifting some of the responsibility. The motion was carried by the following vote: Ayes: Aldermen Garcia, Ashbrook, Ryle, and Mathis Nays: Aldermen McAlister and Gowan Item 7a A proposed resolution was presented approving Change Order No. 2 on the 1975 Community Development Assessment Paving Program. RESOLUTION NO. 1937 RESOLUTION APPROVING CHANGE ORDER NO. 2 WITH STUCKEY CONSTRUCTION COMPANY, INC. , CONCERNING THE 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 2, a copy of which is attached hereto, between the City of Wichita Falls and Stuckey Construction Company, Inc. , amending the contract for construction of the 1975 Community Development Assessment Paving Program to provide for construction of a second parking lot in Tesco Park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ashbrook that Resolution No. 1937 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None V Item 8a Permission was requested to advertise for bids for typewriter and dictation equipment maintenance contracts. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Mathis, and carried unanimously. V Item 9 Moved by Alderman Garcia that minutes of the meetings of the Planning Board held February 9, 1977, and the Citizens Traffic Safety Council held February 2, 1977, be received. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None v'Item 10a Moved by Alderman Gowan that a public hearing be held on March 15, 1977, on hazardous structures. Motion seconded by Alderman McAlister, and carried unanimously. 335 V Item lOb Moved by Alderman McAlister that tax adjustments numbers 163, 176, 178 through 180, 227 through 233, 32.1 through 1035, and one through 283, be approved in a total amount of $13,542.44. Motion seconded by Alderman Gowan, and carried unanimously. v/ Item 10c The following appointments were made. Moved by Alderman Mathis that Joe M. Sherrill be appointed to the Civil Service Commission for a term to expire February 25, 1980. (replacing R. C. Rancier) Motion seconded by Alderman Ryle, and carried unanimously. Moved by Alderman Gowan that Major James C. Wetzel be appointed to the Traffic Commission (to replace Major Charles Oxley) for a term to expire December 31, 1977. Motion seconded by Alderman McAlister, and carried unanimously. Item l0d Discussion was held on airport parking lease with APCOA. Following comments by A the City Manager and Tom Fisk of APCOA, Mayor Boyd appointed Aldermen Gowan and Ryle as a committee to work with the staff and APCOA toward an agreeable solution. Item l0e Mrs. Jane Ponder appeared as President of the League of Women Voters regarding zoning in Wichita Falls. She pointed out that unrestricted commercial development has created numerous problems, such as traffic congestion, drainage and flooding, visual and noise pollution, and deterioration of values of residential property where commercial development is haphazard. Alderman McAlister was not sure that zoning created any of these problems or that it would solve them. The Mayor stated that this matter would be looked into. The City Manager mentioned matters pertaining to Lone Star Gas rate increase which was adopted in October 1976. The Council agreed to discuss it with the City Attorney. Alderman McAlister commented that $25,000 per acre on raw land seems unrealistic. He mentioned that the cost of an apartment complex designed for the midtown area would make it economically unfeasible for those persons to live in which were designed for that purpose. He feels there is something we should be able to do. The City Manager pointed out that a fair tax on vacant land encourages development of it. Moved by Alderman McAlister that the following items be placed on a straw vote ballot for the April election. a. Zoning b. Revitalization of the Downtown Area c. Creation of an Adult Entertainment District d. CATV e. Creation of Some Type of Endowment Fund to Take the Proceeds of West Texas Utilities, and Place in Some Kind of Fund for Future Water Expansion. Motion seconded by Alderman Mathis, and failed by the following vote: Ayes: Aldermen McAlister, Gowan, and Mathis Nays: Mayor Boyd, Aldermen Garcia, Ashbrook, and Ryle The City Manager mentioned that a citizens attitude survey could be mailed in utility bills. Alderman McAlister was agreeable to this. Alderman McAlister inquired what has happened on CATV following the report from the City Manager. The City Manager stated that he is waiting for some direction from the Council. 336 The City Manager informed the Council of the cost for advertising for the election just to meet the legal requirements of the charter. Alderman Garcia recommended that the Council give the staff more time in the future to get translation work done. Mayor Boyd read a letter from Mrs. Justice regarding the garbage pick-up problem. y The alley was closed because it was only ten feet wide instead of the required fifteen feet. Mayor Boyd also announced that City Manager Gerald Fox had been selected as one of nine city managers for a European study trip sponsored by the International City Management Association from March 5 to March 27. His expenses would be paid by the German Marshall Fund, and he would be using his accumulated leave time for this purpose. The Board of Aldermen adjourned at 1:35 P.M. PASSED AND APPROVED this /7472 day of 1977. 1/' MAYOR Ca ATTEST: CITY CLERK 3_ /_ FIRST AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of January 10, 1972 , the City of Wichita Falls and the City of Iowa Park entered into a water purchase contract, by which Wichita Falls sold water to Iowa Park for a commodity rate of sixteen cents per 100 cubic feet, plus a demand rate, which rates are subject to modifi- cation at the end of every five year period; and, WHEREAS, there has been an increase in the costs of performance of the contract, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated January 10, 1972 is hereby amended so that the commodity rate shall be eighteen cents per 100 cubic feet of water; the demand rate shall re- main unchanged. 2. The fourth sentence from the end of Section 2. 0 of said contract dated January 10, 1972 is hereby amended to read as follows: The commodity and demand rates are subject to modifica- tion every two year period, or when the domestic water rate for Wichita Falls customers is changed, whichever occurs sooner. " 3. The effective date of this amendment shall be March 1, 1977 . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the day of March, 1977. CITY OF WICHITA FALLS, TEXAS BY: ATTEST: City Manager City Clerk CITY OF IOWA PARK, TEXAS BY: ATTEST: MAYOR City Secretary 7 !: a WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the 2nd day of March, 1977, between the City of Wichita Falls , Texas, hereinafter referred to as the City" , and the Dean Dale Water Supply Corporation, herein- after referred to as the "Corporation" . WITNESSETH: WHEREAS , the Dean Dale Water Supply Corporation is a corporation organized and established under the provisions of the law of the State of Texas. The Corporation is organized for the construction and operation of a water supply distri- bution system serving water users within the area described in plans now on file in the office of the Corporation and to accomplish this purpose, the Corporation will require a supply of treated water; and, WHEREAS , the City owns several water reservoirs with capa- cities capable of serving the present customers of the City system and the estimated number of water users to be served by the said Corporation as shown in the plans of the system now on file in the office of the Corporation; and, WHEREAS , by Resolution No. 1931 , enacted on the 1st day of March, 1977, by the City, (Copy of Exhibit "A" attached hereto) , which authorized the City of Wichita Falls to sell treated water to the Dean Dale Water Supply Corporation; and, WHEREAS , the Corporation will operate a water system, and serve the water users within the area described in the plans now on file in the office of the Director of Utilities , the Corporation and Public Utilities Commission of Texas. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City and Corporation mutually agree to the following , to-wit: Section 1 . 0 : City shall deliver water ("WATER" ) to delivery point ("DELIVERY POINT" ) for sale to Corporation in sufficient quantities to meet Corporation' s needs and Corporation shall f be permitted to take same for resale to consumers, subject only to the terms and provisions of this Contract. Section 1. 1: Water delivered shall be of the same quality the City furnishes to residents of City and at a pressure the City attempts to maintain in the operation of its transmission and distribution facilities and at the points of delivery to its own users. Emergency failures shall excuse the City from thisy provision for a reasonable period of time to restore service. Section 1. 2 : Delivery point shall be located on an 8 inch main located at the intersection of Harding and Cottonwood Streets or at another satisfactory deliveryy point with approval of the City. Section 1. 3 : Corporation shall have the responsibility to transport the Water from the Delivery Point to its consu- mers , including imparting additional pressure to adequately serve Corporations ' s consumers. Corporation shall provide at its own expense necessary transmission and storage from and at the Delivery Point to prevent abnormal demands by the Cor- poration, which demands would reduce the residual static pressure below 20 PSI in the City' s mains at the Delivery Point. If a mechanical facility is required to abate the abnormal demands of the Corporation, Corporation will install a pressure regulating valve and will not allow the residual pressure to be lowered to less than 20 PSI without permission of City. Section 1. 4 : Corporation shall furnish , install, operate and maintain at its own expense at the Delivery Point , the neces- sary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring and recording the quantity of Water taken by the Corporation. Type and location of meter shall be agreed to by City and Corporation prior to delivery of Water. The Corporation 2 - 1 shall calibrate such metering equipment whenever requested by the City, but not more frequently than once every twelve ilk 12) months. A meter registering not more than two percent 2%) above or below the test result of the rated capacity of the meter shall be deemed to be accurate. The previous read- ings of any meter disclosed by test to be inaccurate shall be corrected for the twelve (12) months previous to such test in accordance with the percentage of inaccuracy found by such tests and existing records. If any meter fails to register for any period, the amount of water furnished during such peri- od shall be deemed to be the amount of water pumped in the corresponding period immediately prior to the failure , based on existing records , unless City and Corporation shall agree upon a different amount. Section 1. 5 : All services on Corporation' s system shall be separately metered. Section 1. 6 : Thirty (30) days prior to the estimated date of completion of construction of Corporation' s water supply distribution system, Corporation will notify City in writing the date for the initial delivery of water. Section 1. 7 : When requested by Corporation after the metering equipment has been installed, City will make available to the contractor at the point of delivery, water sufficient for testing, flushing and trench filling the system of Corporation during construction , for which water Corporation will pay City at the rate set out hereafter; however , the minimum rate will not apply to this water used for testing the system. Section 1. 8 : Maximum amount of water to be furnished by City to Corporation shall be 150 , 000 gallons per day in accordance with Section 1. 3 of this Contract unless a greater amount is approved by City. Control valves shall be installed to regulate for this maximum daily flow. 3 - Section 2. 0: The cost of water purchased by Corporation shall be based in accordance with the following schedule of rates: The first 66 , 800 C.F. at 40 cents per 100 C.F. All water over 66 , 800 C.F. shall be paid for at 35 cents per 100 C.F. Minimum rate will be $200. 00 per month. This water rate is subject to modification prior to July 1 , 1977 based upon the water cost analysis model as developed by the City of Wichita Falls. Thereafter, this water rate is subject to modification every two years , or when the domestic water rate for Wichita Falls customers is changed, whichever occurs sooner, based upon twice the percentage increase to the domestic water rate of the city. Section 2 . 1: The City will read the Corporation meter on the first day of each month during the term of this Con- tract. Corporation and City shall have free access to read meters daily, if they so desire. The City will provide Corporation no later than the 10th day of each month, with an itemized statement of the amount of water metered to Cor- poration during the preceding month. Corporation shall pay to the City the amount of the itemized statement for any month not later than the 15th day of the succeeding month. Section 3 . 0 : This Contract shall extend for a term of forty (40) years from the date of the initial metering of any water to the Corporation. Unless water is taken within two 2) years from date hereof , this Contract shall be void. At the expiration of the term of this Contract, same may be renewed or extended for such term or terms , as may be agreed upon by the City and Corporation. City may cancel this Contract at any time during the life of the Contract in the event Corporation fails to make any payment due hereunder within sixty (60) days after same becomes due; or, if Corporation breaches any covenant herein other than payment of the monthly statement, and such breach continues for sixty (60) days after City gives Corporation written notice thereof . 4 - Section 4 . 0 : Corporation shall not be required to fur- nish water to any resident of City. If City extends its city IlimitstoincludeanyconsumerofwaterfromCorporation, Corporation will continue to provide water to such consumer. I,r When City is able to extend its own water distribution system which could provide such consumer with City' s water, such con- sumer shall be allowed the choice of remaining on Corporation ri system or tying into City' s system. Provided however , it is understood and agreed the foregoing Section is subject to the restriction of 7U. S. C. Section 1926 (b) as amended. Section 5. 0 : Corporation shall permit the water to be used only for normal residential and commercial purposes. Unless written permission is obtained from City, water shall not be used for extensive agricultural irrigation, or by any pro- cessing or manufacturing concern which uses water in substan- tial quantities , or for other municipalities and/or residential and/or commercial subdivisions. Corporation may sell water directly to customers located within the city limits of the Town of Jolly and the proposed Town of Dean, provided such customers are located within the service area of corporation. Permission to serve such subdivisions may be given by the City if the subdivision complies with the City' s subdivision regulations, building code, electrical code and plumbing code; if such subdivision is located outside City' s extra- territorial jurisdiction, compliance with such regulations and codes may be waived if the subdivider furnishes the City with a copy of any subdivision plat which is filed with the County Clerk. No extensions shall be made into the crash and/or noise zones of Sheppard Air Force Base as defined by Air Installation Compatible Use Zone Study prepared by Sheppard Air Force Base , June 7 , 1976 without specific approval of the City. The Corporation shall not sell any water to private parties for resale by such private parties to third parties. c - I 1 I Corporation shall be allowed to make single connections to the Corporation' s system with notification to the City of such action, provided the maximum daily allowable as set out in the contract is not exceeded. The Corporation I ' shall not sell water to any consumer outside their service area as on file with the City and/or the Public Utility 4, Commission of Texas. Approval by the City shall be required it for any service area change, which approval shall not be unreasonably withheld. Section 5. 1 : It is distinctly understood between parties hereto that City owes its primary obligation and duty to the citizens of Wichita Falls; in the event of an extended short- age of water, or the supply of water available to City is otherwise diminished over an extended period of time so that it becomes necessary to ration the water sold to citizens of Wichita Falls, the supply of water to Corporation' s consumers shall be reduced or diminished in the same ratio or propor- tion as the supply to the citizens of Wichita Falls is re- duced or diminished. Section 6. 0: This Contract is subject to such rules, regulations , or laws, as may be applicable to similar agree- ments in the State of Texas. The City and Corporation will collaborate in obtaining such permits, certificates, or the like, as may be required to comply herewith. Where a direct physical connection exists between the Water Supply Distri- bution Systems of the City and Corporation, Corporation shall operate and maintain its portion of the Water Supply Distribu- tion system in accordance with the standards of the Texas Department of Health Resources and in compliance with Article 4477-1, Vernon ' s Annotated Civil Statutes and in compliance with those provisions of Chapter XII of the Plumbing Code of the City of Wichita Falls entitled Water Supply and Distribu- tion, which are in effect as of the date of this contract. Section 6 . 1 : City shall have the authority and respons- 6 1 ibility of inspection to determine that no cross connections or condition of backflow or back-siphonage exist on that por- tion of the system receiving water under pressure from the Wichita Falls water mains. The City shall have the author- ity to disconnect the Water until correction within the system is made. The City shall also have the right to suspend delivery of water in the event the Corporation fails to construct, maintain and operate their portion of the Water Distribution System in substantial compliance with such standards referred to hereinabove. Provided, however, unless substantial non- compliance constitutes a safety and/or health hazard, the City __ shall not suspend the delivery of water without first notifying the Corporation in writing of such non-compliance and affording the Corporation a reasonable opportunity to correct such non-compliance. Provided, further, in no event shall the City suspend delivery of water to any portion of the Corporation' s system not necessary in isolating the location of such non- compliance. Section 6 . 2 : City' s Director of Utilities shall have the authority and responsibility to approve the plans and speci- fications of the Corporation' s transmission line and any and all extensions for compliance with approved City standards, and stipulations in this contract. Before any extension other than single meter connections are made to the system, written permission shall be obtained from the City. Section 7 . 0: Any amendment to this Contract shall be in writing and executed by both City and Corporation. Section 8. 0: This contract shall not be assignable without the approval of City, except Corporation may assign' and/or mortgage this contract to the United States of America, acting through the Farmers Home Administration. However, in the event of any occurrence rendering Corporation incapable of performing under this contract any successor of Corporation, whether the result of legal process, assignment or otherwise , shall succeed to the rights of Corporation hereunder. 7 - Section 8 . 1: The construction of the water supply distri- bution system by the Corporation is being financed by a loan made or insured by, and/or a grant from, the United States of America, acting through the Farmers Home Administration of the United States Department of Agriculture, and the provi- sions hereon pertaining to the undertakings of the Corporation are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. IN WITNESS WHEREOF , the parties hereto, acting under author- ity of their respective governing bodies, have caused this Contract to be duly executed in three counterparts, each of which shall constitute an original. CITY OF WICHITA FALLS, TEXAS BY : CITY MANAGER ATTEST: City Clerk DEAN DALE WATER SUPPLY CORPORATION BY: President ATTEST: Secretary 8 - Wichita County M A029(1 ) MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT made this day of 1977, by and between the State of Texas, hereinafter referred to as the "State", Party of the First Part, and the City of Wichita Falls, Wichita County, Texas, acting by and through its duly authorized officers under a resolution passed the day of 1977, hereinafter called the City", Party of the Second Part. WITNESSETH WHEREAS, the State and the City wish to cooperate as evidenced in Minute Order 70519 dated September 30, 1975, in the modernization of Barnett Road from near Athletic Drive, North to F.M. 369, a distance of 0.473 miles. The improve- ments will include the installation of traffic signals at the intersection of Barnett Road and F.M. 369, as well as the reconstruction of the existing roadway from near Athletic Drive to F.M. 369. WHEREAS, the proposed work is to be accomplished as an urban project being part of the Federal-Aid Urban System as set forth in the 1973 Federal- Aid Highway Act. The project shall be constructed in accordance with "Exhibit A", Plans and Specifications, attached hereto and made a part thereof. 1 - 9 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: PROJECT AUTHORIZATION. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has primary responsibility for control over all streets and public ways within the incorporated limits of such city, unless otherwise modified by law or agreement, and that the City has requested and consented to the construction of the project, and the State in construction of such project does so at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to install signalization and modernize the roadway in the agreed on manner shown on the construction plans. It is mutually agreed that as the project is developed to the construction stage, both parties shall have approved plans by signature approval thereon. CONSTRUCTION RESPONSIBILITIES. The City will : 1 ) Provide for the adjusting of all utilities as may be required. 2) Provide for the construction of curb and gutters, storm sewers, driveways, sidewalks, etc. , where none now exist, all as may be required, and agree to make such installations in accordance 2 - 9 with governing policies and regulations of the Department. 3) Maintain and operate the traffic signal installation at the inter- section of Barnett Road and F.M. 369, and the City will maintain and operate all the facilities constructed on Barnett Road from near Athletic Drive to F.M. 369, and the City will be responsible for all costs incident thereto. 4) Regulate traffic, prevent encroachment on the right of way and prohibit all parking as provided in the Texas MUTCD. 5) Adopt and enforce such ordinances and regulations as may be necessary for proper operation of the complete project. The State will : 1 ) Prepare construction plans and specifications. 2) Provide for the modernization and/or installation of the requested traffic signals. 3) Provide for the roadway improvements and 4) Be responsible for the construction of pavement and its support, which includes grading and surfacing, and provide for the instal- lation of underground and ground contact items of the traffic signals including conduit, pull boxes, traffic signal controller foundation and signal pole foundations, all in accordance with the plans and specifications. All the remaining construction activities connected with the modernization and/or installation of the traffic signals will be done by the City. The State will pay to the City 3 - 9 the cost of said construction on a "Force Account" basis, the specifics to be stated under Special Conditions. SPECIAL CONDITIONS. The State will reimburse the City for the cost of construction of specific traffic signals at the intersection as shown, listed in, and as to location and manner of construction, as shown therein, and described in the plans and specifications, "Exhibit A" , under a "Force Account" basis. Under said "Force Account", payment to the City will be made as follows: 1 . The State will reimburse the City for properly supported costs of materials only incurred in the adjustment of their facilities under the terms and conditions of this agreement. Labor and equipment rental expenses will be furnished by the City free of cost to the project. Cost incurred prior to the issurance of a written "Work Order" by the State will not be reimb,arsed. Reimbursement will be made by the State to the City for materials and traffic signal equipment provided the City has paid from City funds their obligations covering items of costs billed. The City will install all signal equipment and materials for the complete signal control systems as required by the plans at no cost to the project. The State will pay to the City as follows: a. Periodic Partial Payments: If the City so elects, the State will make payments monthly as partial payments which must include properly prepared and executed Form 132 and a billing summarizing costs by each classification of costs 4 - 9 showing description, quantity, unit price, extensions and total . b. Final Billing: Upon completion of the project and final acceptance of the project by the State, if the City so elects, the State will make one payment when all, work is completed and the City has submitted a final and complete billing of all costs. This billing must include properly prepared and executed Form 132 and a final bill summarized by each classification of costs showing description, quantity, unit price with extensions and total . Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. Prior to final payment an audit of the records supporting the costs claimed will be made. These records must be made available to authorized representatives of the State and other agencies involved in the funding of this project during the normal workday. All records relating to this project must be maintained by the City for 3 years after receipt of final payment from the State as required by Volume 1 , Chapter 6, Section 2 of the Federal Aid Highway Program Manual . 2. The City will purchase all major items of equipment and materials, such as traffic signal controllers, traffic signal poles, traffic signal heads, vehicle detectors, conduits, multiple conductor cable and single conductor wire, and any other items of equipment necessary for the proper installation of the signal systems, on competitive bids 5 - 9 from at least two competent and reputable suppliers. On other items of equipment and material , normally carried in stock by the City, the use of City stock items will be satisfactory and and the State will reimburse the City for the cost of such items, provided (1 ) these items were purchased on competitive bids obtained from at least two competent and reputable supliers, (2) the cost of such stock items, as evidenced by paid invoices, is less than the cost of similar items which would normally be bought at the present time on competitive bids, and (3) provided the State shall have given prior approval to the use of these items. All equipment and materials used for the work shall be new and undepreciated items purchased at the low bid price submitted by approved bidders for the equipment or materials involved. 3. The State shall make suitable, frequent, and complete inspections of all materials, equipment, and the work of installation to determine and permit certification that the project and its components meet all applicable requirements of the plans and specifications for the purpose of constituting a complete traffic signal control system, in suitable condition for operation and maintenance by the City after its completion. The State and the City will cooperate to provide for inspections as required by agencies of the United States Government in administering the provision of the Federal-Aid Highway Act of 1968 regulations applicable to this Act or subsequent Acts. 6 - 9 4. The City will provide opportunities, facilities, and representative samples to enable the State to carry on suitable, frequent and complete inspection of all materials, equipment and installation methods, sufficient to afford determination and certification by the State that all parts of the installations and the component materials and equipment comply with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or installation methods to meet the provisions of plans and specifications, and the City will take such measures as necessary to obtain acceptable systems, components and installation procedures without delay. 5. The City will return any and all parts of the equipment and materials in the system covered by this agreement to the State should they be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State. 6. The City will comply with the Special Provision "Specific Equal Employment Opportunity Responsibilities" (000---1968) and Required Contract Provisions, Federal-Aid Construction Contracts (Form PR-1273, September, 1975) included in the specifications for the project. 7. The City will pass and enforce any ordinances and regulations necessary to prohibit parking and to provide for traffic operations in accordance with proper and effective utilization of the traffic signal and control system. 7 - 9 8. The City will maintain its existing traffic engineering department which is capable of operating, and maintaining the improvements covered by this agreement in a manner satisfactory to the State. 9. It is mutually agreed that both parties hereto shall be bound to the provisions of Title 49, Code of Federal Regulations, Part 21 , which was promulgated to effectuate Title VI of the Civil Rights Act of 1964. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreement and/or Contracts between the City and the State, this Agreement shall take precedence over the existing Agreements and/or Contracts. 8 - 9 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST:CITY OF WICHITA FALLS By City Clerk City Manager THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work pro- grams heretofore approved and author- ized by the State Highway and Public Transportation Commission: APPROVED AS 10 FORM: gy Engineer-Director Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute City Attorney Order No. 70104, dated June 20, 1975. RECOMMENDED FOR APPROVAL: District Engineer Chief Engineer of Highway Design Chief Engineer of Maintenance Operations Director, Finance 9 - 9 CHANGE ORDER NO. 2 March 1 , 1977 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM WICHITA FALLS, TEXAS 1 . INTENT It is the intent of this Change Order to amend the contract dated November 19, 1975 to include the additional quantities described as follows: APPROX. PAY ADDL. ITEM WITH BID PRICES UNIT AMOUNT ITEM QUANTITY WRITTEN IN WORDS BID BID 1 783 LF Standard Curb and Gutter at Two Dollars and Forty Cents per L.F. 2.40 1 ,879.20 2 125 SF Standard Valley Gutter at One Dollar and Ten Cents per S. F. 1 . 10 137.50 5 537 SF Standard Concrete Driveway Approaches at One Dollar and Ten Cents per S.F. 1 . 10 590.70 11 1867 SY 2" Type ' D' H.M.A.C. Surface Course on 6" of sandstone foundation course including excavation at Three Dollars and Forty Cents per S.Y. 3.40 6,347.80 TOTAL ADJUSTMENT (CHANGE ORDER NO. 2) 8,955.20 TOTAL BID (ORIGINAL CONTRACT AND CHANGE ORDER 1) $ 359,395.75 CONTRACT AMOUNT (ADJUSTED) 368,350.95 2. AGREEMENT By the signatures of duly authorized agents, the City of Wichita Falls, Owner, and Stuckey Construction Company, Inc. , Contractor, do hereby agree and append this Change Order No. 2 to their contract dated November 19, 1975. STUCKEY CONSTRUCTION COMPANY, INC.CITY OF WICHITA FALLS, TEXAS Contractor Owner BY: BY: City Manager Date: Date: Attest: Attest: