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Min 03/15/1977339 Wichita Falls, Texas Memorial Auditorium Building March 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 Ray Ashbrook Aldermen W. E. Ryle Jerry Mathis Voin Campbell Assistant City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson City Clerk Wilma J. Thomas Deputy City Clerk The invocation was given by Jim Palmer, Floral Heights Methodist Church. v Item 4a V Steve Ondrejas presented the Planning Department briefing. He explained that there are four sections in that division, namely, Land Resource Management, Comprehensive Planning, Community Development, and Planning Systems. Eleven full time positions and one temporary position is being funded from federal sources. Five employees are funded by the City. Item 5a A proposed ordinance was presented accepting certain streets on the 1975 Community Development Assessment Paving Program. ORDINANCE NO. 3168 ORDINANCE ACCEPTING IMPROVEMENTS OF TWELVE (12) UNITS OF THE 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 2997 DECLARING THE CONTRACT WITH STUCKEY CONSTRUCTION COMPANY, INC. WICHITA FALLS, TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Gowan that Ordinance No. 3168 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 5b V A request was presented for waiver of alley entrance restrictions. Steve Ondrejas, Director of Planning, explained to the Council the action which was taken by the Planning Board, resulting in a four to one vote. Since five affirmative votes are required, the request was not approved. Dub Dennis, Dennis Construction Company, requested that he be allowed to construct r a nine foot alleys with primary access to the garages from the alleys. He. stated that this has been allowed in other areas. (It has not been permitted since July 15, 1969) . 340 JItem 5b, cont'd. The Board of Aldermen recently waived the requirements of the subdivision ordinance to permit twenty-five foot alleys with fifteen foot paving in two subdividions. Experience has shown this to be the minimum standards for safety, circulation, and general welfare of the neighborhood. Alderman McAlister stated that Mr. Dennis made substantially the same presentation to the Planning Board as he did to this Board. As far as experiments are concerned we have continued to experiment with those subdivisions already in existence. The experi- ments in other subdivisions with 15 foot alleys also have a 27 foot street. The present subdivision ordinance does not preclude rear alley entrances. It just cannot be the primary entrance. He sees no reason not to authorize this waiver until such time as the sub-committee can report back on this issue, and he thinks they will soon be ready to report. Ed Ilschner, Director of Traffic, stated that during the first two years of Colonial Park, there were many complaints about rear alley entrances. About sixty percent of those home owners have built driveways from the street at their own expense. Across the board in the State of Texas they do not allow rear alley entrances unless the alley is wider than nine feet. He recommended that we retain the present restrictions on nine foot alley entrances. Steve Ondrejas concurred with Mr. Ilschner's recommendation, stating that he can verify the information regarding other cities in Texas. Mr. Ilschner stated that he would not have any objection to the request of Mr. Dennis if the roads were wider, and the property owner could have primary access from the street, as well as a rear alley entrance. Mr. Dennis stated that most of the complaints in Colonial Park were because of the unpaved alleys. He disagreed that other cities do not allow nine foot alleys. He . stated that it is permitted in satellite areas around Dallas. He stated that his concern would be to not get a dangerous situation in the alley by two driveways being placed across from each other. ORDINANCE NO. 3169 ORDINANCE WAIVING RESTRICTIONS ON REAR ALLEY ACCESS TO LOTS IN BELAIR ADDITION, UNIT THREE. Moved by Alderman McAlister that Ordinance No. 3169 be passed, with the provision that speed restraints be placed in the alley with a speed limit of ten to fifteen miles per hour, and that the design incorporate staggered driveway entrances. Motion seconded by Alderman Ashbrook. Alderman Ryle stated that he lives in Brentwood where he does not have the opportunity to have primary access from the street, but his sister lives in Colonial Park. She built a front entrance and fenced the alley. He does not favor the nine foot alleys, but the fifteen foot alleys for primary access. He cannot install an access from the front of this house, and he is opposed to granting the waiver on this basis because he has had problems where he lives. He further stated that he is not completely in favor of buyer beware, and feels that the City has some responsibility in this matter. Alderman Gowan stated that he would agree if the buyer could not see it, but in the case of an alley it can be seen and he should investigate the matter. The motion was carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, and Mathis Nays: Alderman Ryle Vltem 5c A proposed ordinance was presented appointing a new judge and alternate judge for the municipal election. ORDINANCE NO. 3170 ORDINANCE AMENDING ORDINANCE NO. 3163, TO APPOINT A NEW JUDGE AND ALTERNATE JUDGE FOR CITY BOX NO. 15 IN THE REGULAR MUNICIPAL ELECTION. Moved by Alderman Garcia that Ordinance No. 3170 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None 341 Item 6a A proposed resolution was presented commending retiring Police Chief C. C. Daniel. JRESOLUTION NO. 1939 RESOLUTION COMMENDING POLICE CHIEF C. C. DANIEL. WHEREAS, Police Chief C. C. Daniel is retiring on April 12, 1977, after serving with honor in this position for more than twenty-seven and a half years, which is the longest period anyone ever served as police chief in the City; and, WHEREAS, Chief Daniel was a farmer until his twentieth year, at which time he moved to Wichita Falls, and worked as a supervisor at the Wichita Falls State Hospital until December, 1940, at which time he joined the Police Department; and, WHEREAS, Chief Daniel is past president of the F. B. I. National Academy of Texas Associates, past president of the Texas Police Association, past Master of Wichita Falls Lodge, and past Master of Kemp Lodge; and, WHEREAS, at the time Chief Daniel was appointed police chief, the Department was torn by dissension and rocked by scandal, but under his capable leadership it became an outstanding police department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: C. C. Daniel is commended for his loyal and dedicated service to the citizens of Wichita Falls as police chief and best wishes are extended to him and his family for their future good health and happiness. Moved by Alderman Mathis that Resolution No. 1939 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Mayor Boyd, Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None Mayor Boyd presented the resolution to Chief Daniel, who expressed appreciation to the Board of Aldermen and the Citizens of Wichita Falls for allowing him to spend his career as Police Chief of this city, and for being forgiving in the mistakes he has made. Chief Daniel received a standing ovation. Item 6b A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. RESOLUTION NO. 1940 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by appraisers employed by the Texas State Highway Department and the amount of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-380 Warranty Deed Lot 1, Blk. 18, 1. Jalonick Addition Lots 4 & 5, Blk. 2, L. Jalonick Addition Lot 1, Blk 3, Spivey Addition Combined total of values approved in this resolution 107,030.00 342 Item 6b, cont'd. Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts is State approved values as determined from appraisals made by real estate appraisers employed by the Texas State Highway Department. Section No. 3 In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1940 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 6c A proposed resolution was presented authorizing the execution of a curb and gutter agreement on Barnett Road with the State of Texas. RESOLUTION NO. 1941 RESOLUTION APPROVING CONTRACT WITH THE STATE OF TEXAS, AUTHORIZING THE STATE TO CONSTRUCT CURBS AND GUTTERS AND OTHER IMPROVEMENTS ON BARNETT ROAD AT CITY'S EXPENSE. WHEREAS, on March 1st, 1977, the Board of Aldermen adopted Resolution No. 1934, approving a contract with the State of Texas for certain improvements on Barnett Road from Southwest Parkway to Athletic Drive, which contract provided that the City will provide for the construction of curbs and gutters and other improvements; and, WHEREAS, the State is willing to construct or have constructed such work for the City at City's sole expense, which is estimated to be $15,100.00. 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 City and the State of Texas, acting by and through its State Highway and Public Transportation Commission, is hereby approved, and the Acting City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ryle that Resolution No. 1941 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 7a A proposed resolution was presented awarding bids for concession operations at various ball parks and Lucy Park swimming pool. RESOLUTION NO. 1942 RESOLUTION ACCEPTING BIDS FOR CONCESSION OPERATIONS AT SCOTLAND, HAMILTON, BRIDWELL AND TESCO PARKS AND LUCY PARK SWIMMING POOL. WHEREAS, sealed bids were taken for concession operations at Scotland, Hamilton, Bridwell and TESCO Parks and the Lucy Park Swimming Pool; and, WHEREAS, Richard Downing bid twenty-one percent of gross sales for concession rights at Scotland Park, nineteen and one-half percent of gross sales for concession rights at Hamilton Park, ten percent of gross sales for concession rights at TESCO Park and five percent of gross sales for concession rights at Lucy Park Swimming Pool, and LaRue Daffern bid twelve percent of gross sales for concession rights at Bridwell 343 Item 7a, cont'd. Park, and these bids were the highest and best bids received. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bids of Richard Downing for concession rights at Scotland, Hamilton and TESCO Parks and Lucy Park Swimming Pool are hereby accepted, and the bid of LaRue Daffern for concession rights at Bridwell Park is hereby accepted, and the City Manager is authorized to execute with them contracts for concession rights at such locations during the 1977 season. Moved by Alderman Garcia that Resolution No. 1942 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None Item 7b A proposed resolution was presented awarding the bid for construction of restrooms at Lynwood East park. v'RESOLUTION NO. 1943 RESOLUTION ACCEPTING BID OF FULTON IRBY CONSTRUCTION CO. FOR CONSTRUCTION OF REST ROOM FACILITIES AT LYNWOOD EAST PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of rest room facilities at Lynwood East Park; and, WHEREAS, there were three bids, and the bid of Fulton Irby Construction Co. in the amount of eleven thousand seven hundred ninety-eight dollars ($11,798.00) was the lowest and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Fulton Irby Construction Co. in the amount of eleven thousand seven hundred ninety-eight dollars ($11,798.00) for the construction of such rest room facilities is hereby accepted, and the City Manager is authorized to execute a contract with Fulton Irby Construction Co. for the construction of such improvements. Moved by Alderman Ashbrook that Resolution No. 1943 be passed. Motion seconded by Alderman Garcia. It was noted that none of the bidders furnished an acceptable certified financial statement as required by the notice to bidders. Discussion was held on requiring both a performance bond and a financial statement. It was decided that the financial statement was not needed on smaller construction projects such as this. The motion was carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None V Item 8a Y1 " Permission was requested to advertise for bids on two subcompact sedans for the Planning Department. These sedans will be funded by the Community Development Block Grant Program, and will be assigned to the Inspection Department to expand the demolition of hazardous structures program. Moved by Alderman Garcia that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. 344 Item 8b V Permission was requested to advertise for bids for construction of tennis courts at Hamilton Park Tennis Center and Lamar School. Moved by Alderman Ashbrook that authority be granted to advertise for bids as requested. Motion seconded. by Alderman Ryle, and carried unanimously. Item 9a Moved by Alderman Garcia that minutes of the meeting of the Citizens Traffic Safety Council held March 2, 1977, be received. Motion seconded. by Alderman Ryle, and carried unanimously. Item 10a f Reconsideration was given to the APCOA contract modification request. Alderman Ryle explained that he and Alderman Gowan met with a representative of APCOA and city officials. They agreed that if there was an opportunity to renegotiate the contract that the City should be notified first. There was no question that the contract can be renegotiated in April when Continental removes its flights. APCOA desires to renegotiate the contract. The City feels that the contract should be lived up to, but as an alternative if APCOA. wants to completely remove themselves from Wichita Falls they would be agreeable to that provided they paid the City all which is presently owed, and pay all maintenance and parking facilities. Larry Lambert appeared as attorney for APCOA, noting that paragraph 5 of the contract states that if over one-half of the scheduled activities of the airport is diminished, then the rent should be abated proportionately on a mutual and negotiated agreement. It is clear that scheduled airline activities have gone down this past year. Scheduled activity is 43 percent of what it was in 1970 when this contract was negotiated. He stated that APCOA has continually suffered losses out there. They have not tried to pull out, and they have made their payments on time. There are factors which were not considered at that time which has caused this loss, but the City has not sustained any of the loss. They would like to have the opportunity to terminate their operation as soon as possible. Alderman Ryle stated that there is no provision in the contract for cancelling it. Mr. Lambert stated that he believes this is one method of renegotiation. They would make certain payments for three years, and in that sense he feels it would come within a technical legal decision of a renegotiated contract. City Attorney H. P. Hodge, Jr. explained the legal terms of renegotiation. Alderman Ryle stated that Mr. Lambert's proposal is not acceptable because it does not pay the City what is due. All he has offered is the parking lot and $18,000. The City will get the parking lot anyway at the end of the contract. He further stated that APCOA should be willing to pay all that was due under the renegotiated contract, plus the maintenance. Further discussion was held, following which a motion was made. Moved by Alderman Gowan that APCOA be allowed to withdraw from the operation of the parking lot, provided there has been a fifty percent reduction in activities as defined in the contract, effective April 1, 1977, under those provisions, but they cannot cease to pay rent as called for under the contract and must continue to pay rent and maintenance of the parking lot until such time as the contract expires under its own terms. Motion seconded by Alderman Ryle, and carried unanimously. vltem 10b Ed Ilschner, Director of Traffic and Transportation, requested appointment of two members of the Board of Aldermen to the Ad Hoc Transportation Planning Joint Certification Package Review Committee. This committee will review the certification package to be submitted to both state and federal agencies for the 1977-78 fiscal year. Mayor Boyd appointed Aldermen Garcia and Gowan. 345 Item 10c A proposed ordinance was presented changing the time of the first meeting of the Board of Aldermen in April. vORDINANCE NO. 3171 ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF ORDINANCES, CHANGING THE TIME OF THE FIRST REGULAR MEETING OF THE BOARD OF ALDERMEN IN APRIL, 1977 TO 3:00 O'CLOCK P.M. Moved by Alderman Ryle that Ordinance No. 3171 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 10d City Attorney H. P. Hodge, Jr. reported on the recent CAB decision to allow Continental Airlines to suspend operations to the West for five years. Rio would sub- stitute flights to Oklahoma City. The City should decide whether they should consider filing a petition of discretionary review. Certain rules are set out in determining whether a petition can be filed. He does not know what the BCI and Aviation Advisory Board will do, but in any case it will have to be filed by March 28. He did not have a recommendation on it. Alderman McAlister noted that it may be a very futile effort to try it. Moved by Alderman Gowan that this matter be left to the discretion of the City Attorney. Motion seconded by Alderman Ryle, and carried unanimously. Item 10e Alderman Mathis directed the City Attorney to draw up an ordinance for consideration setting aside funds from West Texas Utilities Company for a lake reconstruction fund. Mayor Boyd requested the City Attorney to do research on the rights of persons who serve on boards and commissions when someone tries to apply pressure to them. Alderman Ryle requested information about the Austin ordinance pertaining to run U off of water in new subdivisions. Robert Witt appeared from Tiffany's Health Spa at 1616 Pearlie Drive. He mentioned news articles in the paper recently. If an ordinance is passed which would prohibit the location of massage parlors in Beacon Shopping Center it will hurt the ones who are legal. He feels he should not have to suffer along with those who are illegal. He stated that his place is for both men and women. All massagers are female except himself. He did not believe that his men customers would want another man to give them a massage. Chief Harrelson appeared, stating that the City is void of any ordinance to control massage parlors. He stated that cases of prostitution are difficult to make. Sexual contact is necessary for them to make a case. He has a Dallas ordinance regarding licensing of massage parlors, and he is expecting one from San Antonio. The Board of Aldermen adjourned at 11:50 A.M. PASSED AND APPROVED this .!v day of 2 1977. MAYOR 47f f )r ATTEST: CITY CLERK r .-' M A029(1) 8029-3-1 Wichita County STATE OF TEXAS X COUNTY OF TRAVIS THIS AGREEMENT, made this day of 1977, by and between the City of Wichita Falls, Texas, hereinafter called the "City", Party of the First Part, acting_by and through its City Manager and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of curb and gutter, inlets, storm sewer and incidental items within the limits in Wichita Falls on Barnett Road from near Athletic Drive, north to Farm to Market Road No. 369 on Metropolitan Highway No. 175, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed- this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated-construction cost of this work is Fifteen Thousand One Hundred and No/100 Dollars ($15,100.00) , including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 70519, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 1. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Fifteen Thousand One Hundred and No/100 Dollars 15,100.00) , to be used in paying for the proposed work required by the City in the City of Wichita Falls. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated im- r provements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 70519, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 2. o IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF WICHITA FALLS STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part City Manager Certified as being executed for the purpose and effect of activating and/ ATTEST: or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: City Clerk By: Asst. Engineer-Director under authority of Commission Minute 70104 Recommended for execution: State) Director, Finance 3. WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has re- quested assistance in reconstruction on Barnett Road from Athletic Drive north to Farm to Market Road 369, a distance of approximately 0.5 mile; and WHEREAS, Barnett Road is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Wichita Falls in such work; NOW, THEREFORE, the Engineer-Director is directed to tender the following proposal. to the City of Wichita Falls : Provided the City will : 1 . Provide for the adjustment of utilities , the construction of continuous curb and gutter, storm sewers, driveways and side- walks , all as may be required and all in accordance with governing policies and regulations of the Department. 2. Maintain all of the work constructed as part of the project and agree to regulate traffic , prohibit parking and preventencroachmentontherightofway, all in accordance with governing policies and regulations of the Department. 3. Adopt and enforce such ordinances and regulations as may necessary for proper operation of the traffic signals. Subject to the availability of Federal -aid Urban System funds andtheeligibilityoftheproposedworkforfinancingwithsaidfunds, theStateDepartmentofHighwaysandPublicTransportationwill : 1 . Prepare construction plans and specifications. 2. Provide for reconstruction of grading structures and sur-facing at an estimated cost of $148,800.00 as authorized inthe1975-1976 Urban System Program. Upon acceptance of the provisions of this Order by the appropri-ate officials of the City of Wichita Falls , IT IS ORDERED that BarnettRoadextendingfromAthleticDrive, north to Farm to Market Road 369, adistanceofapproximately0. 5 mile, be and is hereby designated as aMETROPOLITANHIGHWAYandtheEngineer-Director is directed to enter into any necessary agreements with the City covering the details of the pro-posed improvements, to proceed with the engineering development of theprojectandaftertheCityhasfulfilleditsresponsibilities , to pro- ceed with construction as authorized herein in the most feasible andeconomicalmanner. Minute No. 70519 - Continued It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State' s construction contract, the Engineer-Director is hereby autho- rized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 70519 September 30, 1975 COPY EXHIBIT A"