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Min 09/06/1977430 Wichita Falls, Texas Memorial Auditorium Building September 6, 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 X Fred E. Bassett X Carol Russell X Aldermen Ray Ashbrook W. E. Ryle X Jerry Mathis X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Dr. Bruce Weaver, First United Methodist Church. Item 3 The public hearing was opened on hazardous structures. Hershel King, 1408 Gunnison, stated that the property at 212 East Wichita does not belong to him, but to a retarded brother of his. He is the guardian. One property is vacated, and there are people living in one property. Preston McBee explained that letters are sent to the owners of record in the tax office. He stated that he does not know the intent of the heirs of these properties, but the City would like these buildings secured. Mr. King stated that he could board up the windows and police it himself to see that it remains secured. Mr. McBee further stated that at the time the letter was sent out, both houses were vacant. Mr. King stated that the property is up for sale. ORDINANCE NO. 3212 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3212 be passed, giving Mr. King an additional 30 days (total of 60 days) to secure his property. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Alderman Mathis inquired if Ray Barnes had completed the work on his property. Preston McBee stated that it had been completed, but not within the 60 days which the Council allowed him. Item 5a James Mitchell, an employee of the Sanitation Department, was honored as employee of the month of August. Mayor Boyd presented him with a plaque and tickets to a restaurant of his choice. Item 5b A request was presented by Lone Star Gas Company for modification of a gas cost adjustment clause. The City Manager explained the Railroad Commission order and projections for 1977. David Liles, Manager of Lone Star Gas Company in Wichita Falls, requested that the distribution system in Wichita Falls maintain the same level of projected earnings which would have resulted from the rates adopted by the Board in October 1976. This 431 Item 5b, cont'd. can be accomplished by GUD 683, and to include provisions of this Order in the city ordinance. The Railroad Commission has determined that $1.04 gate rate would produce a fair rate of return. A new city gate rate of $1.49 per MCF was set in July 1977. They are requesting a six cent increase in city gate rates to customers in the City of Wichita Falls. Even with this increase there will still be approximately $17,000 less revenue. He requested that Lone Star be permitted to compete effectively for purchase of gas which would be to the benefit of the customer as well as Lone Star Gas. ow Alderman Bassett inquired what this would do to the homeowner, and Mr. Liles stated on an average of 8 MCF per month, it would increase by 48 cents, plus 40 cents for the five percent surcharge. Aldermen Mathis and Ryle suggested that we get an estimate from our Austin attorneys on the cost of appeal when a final order is issued in the Lo Vaca case. ORDINANCE NO. 3213 AN ORDINANCE AMENDING THE FIRST PARAGRAPH OF THE CLAUSE TITLED ADJUSTMENTS IN SECTION 1 OF ORDINANCE NO. 3129 PROVIDING FOR ADJUSTMENTS IN THE SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS, WICHITA COUNTY, TEXAS, BASED UPON RAILROAD COMMISSION ORDERS ISSUED IN GUD NOS. 588 AND 683. Moved by Alderman McAlister that Ordinance No. 3213 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 5c A request was made by Southwestern Bell Telephone Company to extend their street rental agreement for a period of four years. The City Manager recommended that three percent gross receipts also be paid by the telephone company to conform with other utilities operating within the City, and to produce requested revenues. Joe Ewen appeared as District Manager of Southwestern Bell Telephone Company in Wichita Falls. He requested that the four-year extension be granted at the existing two percent gross receipts rate. He stated that they have a $38 million investment in Wichita Falls. They also pay taxes, as well as gross receipts. The additional rates would indicate an indirect tax. Alderman McAlister stated that he sees no reason to raise the gross receipts arbitrarily unless they plan to use it as an additional revenue source. Alderman Ryle stated that a franchise tax is not just for services, but for the privilege of operating in Wichita Falls. They do not have any competition. He pointed out that we no longer have complete jurisdiction over utility rates. We have the utility commission now. Alderman McAlister feels this is an indirect tax. The City Manager noted that we provide free right of way to the telephone company along streets, such as Kell. Alderman Russell noted that in information furnished them, in communities where in excess of two percent is assessed, they recover some of the cost. Mr. Ewen stated that he did not address any specific method which they would use to recover the cost. Various percentages were discussed, but no agreement reached. Alderman Bassett stated that he is opposed to the increase from two to three percent. He feels our telephone bills would increase if this were allowed. Alderman Ryle stated that the consumer will pay for it one way or another; either this way or possibly a tax increase. Mayor Boyd noted that this may be an indirect tax, but it has been accepted and has been going on for many years. A motion was made by Alderman McAlister and seconded by Alderman Bassett that Ordinance No. 3214 be passed with two percent gross receipts. The motion failed by the following vote: Aso Ayes: Aldermen McAlister, Bassett, and Mathis Nays: Mayor Boyd, Aldermen Ashbrook, Russell, and Ryle ORDINANCE NO. 3214 ORDINANCE ALLOWING THE EXTENSION OF ORDINANCE NO. 2138 FOR A PERIOD OF FOUR YEARS AFTER SEPTEMBER 30, 1977, AMENDING SECTION 10 OF ORDINANCE NO. 2138 CONCERNING ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY, AND DECLARING AN EMERGENCY. 432 Item 5c, cont'd. Moved by Alderman Ryle that Ordinance No. 3214 be passed, adopting the three percent gross receipts and deleting advertising revenues and revenues collected from customers for moves and change charges. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: Alderman Bassett Item 5e A presentation was made by Mayor Boyd to former Alderman Guillermo Garcia in appreciation for his service on the Board of Aldermen from 1975 - 1977. Item 5d Beacon Lights, Inc. requested a waiver of a portion of the Solicitation Ordinance No. 1992. The City Manager explained that we deal with such requests each year, and to waive the ordinance would be to avoid the process for which it was designed. John Baugher, Executive Director of Beacon Lights, introduced Lola Pate, a member of the Board of Directors. She stated that it is understandable that this ordinance is for the protection of the citizens of Wichita Falls. They are a young organization, and this is their first experience in trying to make money. They desire to sell mops door to door on September 27, 28, and 29, and stated that 30-40 Midwestern University fraternity men would be involved. John Sansill, Plant Manager at the Lighthouse stated that the fee of $120.00 is not a problem. Photographs and the personal application is the problem. Alderman Ryle inquired concerning waiving the photograph, but Alderman Mathis noted that the ordinance is designed for the protection of the donor and donee, and the picture is beneficial. The Council asked the City Clerk to explain the purpose of the picture, and any possible problems which they might incur in waiving the ordinance. Moved by Alderman Mathis that the request for waiver be denied. Motion seconded by Alderman Ryle, and carried unanimously. Item 7d r A proposed ordinance was presented increasing the homestead exemption for the elderly. J. Carl Taylor, President of the Wichita Falls Chapter of the American Association of Retired People, stated that they are interested in the activity center for Wichita Falls. He requested a $7,000 exemption beginning in 1978. A.M. Stephens appeared for the retired civil service employees, and retired teachers were also represented. ORDINANCE NO. 3215 ORDINANCE AMENDING ORDINANCE NO. 2840 TO INCREASE THE EXEMPTION FROM AD VALOREM TAXES OF THE ASSESSED TAXABLE VALUE OF RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER. Moved by Alderman Ryle that Ordinance No. 3215 be passed, increasing the exemption to $5,000 for tax year 1978, to $6,000 in 1979, and to $7,000 in 1980. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 9a Fixed Base Operator proposals were discussed. Ed Ilschner, Director of Traffic f ' and Transportation, stated that Southern Aviation had submitted the highest bid, but the 1 staff felt that in order for them to be the best bidder that they would have to make some vJ^ arrangements to pay their past contractual obligations. He recommended that the bid be awarded to Southern Aviation, along with the proposal to meet their past contractual obligations. Alderman Ryle inquired why we are loaning money with no interest? The City Manager stated that it seems the best way to get their money. Alderman Mathis stated he is not 433 Item 9a, cont'd. interested in awarding a ten year lease with a ten year option on their past history of operation and ability to pay. Mr. Ilschner stated that he feels they can meet their obligations when we purchase the T-hangars from them. Alderman Ryle questioned the $36,000 which is owed the City through May 1977 by Southern Aviation. If they could come up with the money and pay off their debts then we could start with a good clean contract. Aldermen Ryle and Ashbrook feel that the City has had too strict a contract, and that it has not been fair and equitable to the operator. The City Manager stated that under this contract the City did not require them to do anything but stay open twenty four hours a day. Richard Morrison, of Southern Aviation of Texas, Inc. , stated that the first year they lost a lot of money. They made a little the second and third years. Continental adjusted their fuel flow, which caused their profits to go way down. Last March he came to the City Manager who worked out a proposal, which the City turned own. They worked out another agreement with the City to pay back the money previously owned. They have lost money for three years. Mr. Morrison feels they could not pay the past due balance if they do not get the bid. RESOLUTION NO. 1994 RESOLUTION ACCEPTING BID OF SOUTHERN AVIATION OF TEXAS, INC. TO ENTER INTO A LEASE WITH THE CITY OF WICHITA FALLS FOR FIXED BASE OPERATOR (FBO) SERVICES AT WICHITA FALLS MUNICIPAL AIRPORT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH SOUTHERN AVIATION OF TEXAS, INC. BASED UPON THE TERMS IN THEIR BID AND THEIR ACCEPTANCE OF THE PROPOSED PAYMENT SCHEDULE. WHEREAS, on August 15, 1977, at 10:00 o'clock a.m. , bids were opened for the Fixed Base Operator's (FBO) lease at Wichita Falls Municipal Airport; and, WHEREAS, two bids were received, one from Southern Aviation of Texas, Inc. and one from Chaparral Aviation, Inc; and, WHEREAS, the bid of Southern Aviation of Texas, Inc. is the highest and best bid received on the proposed Fixed Base Operator's lease at Wichita Falls Municipal Airport; and, WHEREAS, the acceptance of the bid of Southern Aviation of Texas, Inc. is expressly conditioned upon and subject to Southern Aviation of Texas, Inc. meeting its past contractual obligations to the City of Wichita Falls by its agreement to make payments in accordance with the attached payment schedule. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Southern Aviation of Texas, Inc. on the proposed Fixed Base Operator's lease at Wichita Falls Municipal Airport is hereby accepted subject to Southern Aviation of Texas, Inc. 's agreement to make payments in accordance with the attached payment schedule to fulfill its past contractual obligations to the City and the City Manager is hereby authorized to execute a lease with Southern Aviation of Texas, Inc. to act as Fixed Base Operator at Wichita Falls Municipal Airport based upon the terms included in their bid submitted on August 15, 1977, except that the initial term shall be two years; if Southern Aviation fulfills its obligation for the two year period, the City shall have an option to extend the lease for an additional three years; if Southern Aviation fulfills its obligations for the additional three year period, the City shall have an option to extend the lease for and additional five years. Moved by Alderman Bassett that Resolution No. 1994 be passed, and that we enter into a lease agreement with Southern Aviation for a period of time not to exceed two years, with a three and a five year option if their performance is satisfactory; and that they initiate payment as outlined on the past due amount at an annual percentage rate of eight and one-half percent, with a five year note on the payments. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8c Purchase of Depot Square property--the Littlest Skyscraper--was discussed. Roger McKinney, Acting Director of Planning, stated that this came up in July when the Mathews' /„/".1 desired further information on what that property would be used for. He recommends that this property be acquired by the City, rather than retaining private ownership. 434 Item 8c, cont'd. Mr. and Mrs. Guy Mathews, Jr. , 1516 25th inquired if deed restrictions could be placed on the property or on a contractual basis? City Attorney H. P. Hodge, Jr. stated if the City wanted to let them retain ownership of the property they could enter into a contract with the Mathews' to make deed restrictions. Roger McKinney stated that the entire area is subject to the City owning the property. Mr. Hodge stated he is not sure how we could affirmatively require some type of use. We could prohibit some type of use. She stated that she is trying to get some type of historical marker for the building. Mr. Maloney, Architect, stated that the improvements as shown on the drawing falls within the guidelines of the historical society. RESOLUTION NO. 1995 A RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS, AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR DEPOT SQUARE PROJECT. WHEREAS, it is necessary to acquire the property hereinafter described for the Depot Square project; and, WHEREAS, such property has been appraised by independent appraisers employed by the City for this purpose, and the amount of these appraisals has been studied by the Board of Aldermen, and a copy of same is now in the possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: SECTION 1. It is necessary to acquire the fee simple title to the following property in Wichita Falls, Texas for the Depot Square project: The W-33-1/3 ft. of Lot 1, Blk. 162 Original Townsite as recorded in Wichita County Clerk's Deed Records in Vol. 1114, page 136. The total value approved in this resolution 9,500.00 SECTION 2. The approved value of such property is hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for this tract is the value as determined by the appraisal made by the independent appraisers referred to above. The deed shall provide that the three buildings thereon shall not be demolished for a period of fifteen years thereafter. SECTION 3. In addition to the purchase price provided for in Section 2, if the acquisition of such property makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Assistance and Real Property Acquisition Policies Program and Article 3266 b, Revised Civil Statutes of Texas. SECTION 4. In the event the City Manager is unable to purchase this tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls, Texas. Moved by Alderman Bassett that Resolution No. 1995 be passed. Motion seconded by Alderman Russell. A substitute motion was moved by Alderman Ryle that Resolution No. 1995 be passed, and that we agree to not demolish the building for fifteen years from the date of execution of the contract. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Mayor Boyd, Aldermen Russell, Ashbrook, and Ryle Nays: Aldermen McAlister, Bassett, and Mathis. A 30-minute recess was called at 12:45 P.M. , after which the meeting resumed. 435 Item 6a 6 A proposed ordinance was presented appropriating funds for Municipal Airport improvements. ORDINANCE NO. 3216 AN ORDINANGE MAKING AN APPROPRIATION FROM THE AIRPORT FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Mathis that Ordinance No. 3216 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 7a A proposed ordinance was presented setting refuse rates on certain alleys. ORDINANCE NO. 3217 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman McAlister that Ordinance No. 3217 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 7b A proposed ordinance was presented authorizing construction in alley by First Wichita National Bank. ORDINANCE NO. 3218 ORDINANCE GRANTING AUTHORITY TO THE FIRST-WICHITA NATIONAL BANK TO CONSTRUCT AN UNDERGROUND TRANSFORMER VAULT IN BLOCK 164 OF THE ORIGINAL TOWN OF WICHITA FALLS. Moved by Alderman Bassett that Ordinance No. 3218 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis. Nays: None (Alderman Ryle did not vote because of a conflict of interest) . 7Item 7c A proposed ordinance was presented removing weight restrictions on Kell Boulevard. ORDINANCE NO. 3219 ORDINANCE AMENDING SECTIONS 29-26 AND 29-27 OF THE CODE OF ORDINANCES, TO REMOVE THE SPECIFIC LOAD LIMIT ON KELL BOULEVARD AND TO REMOVE THE PROHIBITION AGAINST COMMERCIAL VEHICLES ON KELL BOULEVARD. Moved by Alderman Bassett that Ordinance No. 3219 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 436 Item 7e A proposed ordinance was presented accepting street improvements on the 1975 9 { i Community Development assessment paving program. ORDINANCE NO. 3220 ORDINANCE ACCEPTING IMPROVEMENTS OF FOUR (4) 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 McAlister that Ordinance No. 3220 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8a A proposed resolution was presented authorizing the City Manager to execute a contract with Biggs and Mathews, Inc. for airport improvements. RESOLUTION NO. 1996 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BIGGS & MATHEWS, INC. , CONSULTING ENGINEERS, FOR PREPARATION OF PROJECT PLANS FOR PHASE III IMPROVEMENTS AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the City is preparing to begin Phase III improvements at the Wichita Falls Municipal Airport involving the reconstruction of hangar access areas and taxiways; and, WHEREAS, specifications and project plans in addition to other professional consulting engineering services will be required in order to proceed with the Phase III improvements; and, WHEREAS, the consulting engineering firm of Biggs & Mathews, Inc. , Consulting Engineers, is willing to enter into a contract to perform these consulting engineering services for the City ; and, WHEREAS, the firm of Biggs & Mathews, Inc. , Consulting Engineers, is acceptable to the City of Wichita Falls for the performance of the required consulting engineering services under the Phase III improvements at Wichita Falls Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute a professional services contract with Biggs & Mathews, Inc. , Consulting Engineers, a copy of which is attached hereto, for the rendering of consulting engineering services in connection with the Phase III improvements at the Wichita Falls Municipal Airport. Moved by Alderman McAlister that Resolution No. 1996 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None JItem 8b A proposed resolution was presented authorizing the City Manager to apply for r.4 funding under the public works employment program for Jasper Street water treatment plant. 437 Item 8b, cont'd. RESOLUTION NO. 1997 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR POCKET OF POVERTY J FUNDS UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1977 (PUBLIC LAW 95-28) BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized and directed to complete and file an application for Pocket of Poverty funds under The Public Works Employment Act of 1977 (Public Law 95-28) . The application shall contain all documentation and certifications required by the Act and by the Regulations issued thereunder by the Economic Development Administration. Moved by Alderman Bassett that Resolution No. 1997 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None f Item 8d A ro osed resolution wasPP presented granting authority to the Safety-Defense Coordinator to settle workmen's compensation claims. Alderman Ryle questioned giving one person this much authority. The City Manager and City Attorney explained that since we are self-insured, someone has to do this, but pointed out that it is done under the authority and guidelines of the law. The Safety-Defense Coordinator has been involved in these hearings, along with an insurance attorney, for the past three years, and it is the belief of the attorney that Mr. Wilson is capable of representing theCity. RESOLUTION NO. 1998 A RESOLUTION AUTHORIZING THE SAFETY-DEFENSE COORDINATOR OF THE CITY OF WICHITA FALLS TO SETTLE AND COMPROMISE WORKER'S COMPENSATION CLAIMS ON BEHALF OF THE CITY OF WICHITA FALLS. WHEREAS, the City of Wichita Falls has chosen to become a self-insured, self- administered Worker's Compensation carrier, the self-administered provision becoming effective on September 1, 1976; and, WHEREAS, it is necessary for the City to authorize an individual to represent the City in negotiations with injured employees and their legal representatives; and, WHEREAS, the City's representative in these negotiations must have authority to make binding offers of settlement on behalf of the City in order to successfully com- promise and settle Worker's Compensation claims; and, WHEREAS, Rule 11.042 of the Industrial Accident Board, effective December 30, 1974, requires that "each representative must be qualified in Worker's Compensation claims, and each must have sufficient authority to effect settlement;" and, WHEREAS, the Safety-Defense Coordinator of Wichita Falls is deemed to be the proper person to serve in the capacity of representing the City in negotiations concerning Worker's Compensation claims. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Safety-Defense Coordinator of Wichita Falls is hereby expressly authorized to represent the City in all proceedings required under the Worker's Compensation laws of Texas and is further authorized to settle and compromise Worker's Compensation claims on behalf of the City of Wichita Falls, subject to the terms and conditions of the Worker's Compensation Laws of Texas. Moved by Alderman McAlister that Resolution No. 1998 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 438 Item 8e A proposed resolution was presented approving appraisals to property owners on Kell Freeway project. RESOLUTION NO. 1999 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 State Department of Highways and Public Transportation 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 and by Quit Claim Deeds are as follows: Kell Freeway - Project 52-380 Warranty Deed 1,615 sq. ft. of Block 1, I Jalonick Addition 22,840 sq. ft. of Block 1, I Jalonick Addition 25,752 sq. ft. of Lots 2, 3 & 4, Block 225, Original Town Lot 3, Block 11, I. Jalonick Addition Lot 16, Block 19, I. Jalonick Addition Lot 14, Block 19, I. Jalonick Addition 6,982.5 sq. ft. of Lot 11, Block 19, I. Jalonick Addition Lot 8, Block 18, I. Jalonick Addition Lot 5, Block 18, I. Jalonick Addition Lot 6, Block 18, I. Jalonick Addition Lot 7, Block 18, I. Jalonick Addition QUIT CLAIM DEED 22,840 sq. ft. of Block 1, I. Jalonick Addition 25,752 sq. ft. of Lots 2, 3 & 4, Block 225, Original Townsite Combined total of values approved in this resolution 248,561 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 State of Texas or the City of Wichita Falls, by Warranty Deed or by Quit claim 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 State Department of Highways and Public Transportation. Section No. 3 In 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 State of Texas or the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1999 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8f A proposed resolution was presented authorizing purchase or condemnation of seven cabins and leases at Lake Kemp located below elevation 1150 feet m.s.l. 439 Item 8f, cont'd. RESOLUTION NO. 2000 RESOLUTION DETERMINING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS, AND AUTHORIZING PURCHASE OR CONDEMNATION OF SEVEN CABINS AND LEASES AT LAKE KEMP. WHEREAS, Contract No. DACW56-67-C-0252, as amended, between the United States of America and the City of Wichita Falls and Wichita County Water ImprovementDistrict No. 2 requires that the City and the Water District acquire the seven cabins and leases at Lake Kemp, hereinafter described; and, WHEREAS, such properties have been appraised by an independent appraiser, and the values as determined from such appraisals have been considered by the Board of Aldermen. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is necessary that the following leasehold estates at Lake Kemp in Baylor County, Texas, created by the following described leases executed by the W. T. Waggoner Estate, together with the cabins and other improvements located thereon, be acquired by the City and Water District, to-wit: Waggoner Lease No. 1-0155 Waggoner Lease No. 1-0733 Waggoner Lease No. 1-0773 Waggoner Lease No. 1-0805 Waggoner Lease No. 3-0593 Waggoner Lease No. 3-0594 Waggoner Lease No. 3-0597 The combined total of values approved in this resolution is $28,300. SECTION 2. The values of such properties as contained in such appraisals, which are now in the possession of the Director of Public Utilities or the City Attorney, are hereby approved, and the City Manager is hereby authorized to join with Wichita County Water Improvement District No. 2 in the purchase of such leasehold estates and the improvements located thereon. The authorized price to be paid for each property is the approved value contained in the above mentioned appraisals. SECTION 3. In the event the City Manager is unable to purchase any such property for the approved value, he is hereby authorized and directed to join with Wichita County Water Improvement District No. 2 in the condemnation of such property. Moved by Alderman Ashbrook that Resolution No. 2000 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None vItem 8g A proposed resolution was presented authorizing the City Manager to execute an application for continuation grant for the Selective Traffic Enforcement Program. A f RESOLUTION NO. 2001 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS AUTHORIZING AN APPLICATION FOR A CONTINUATION GRANT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) FROM THE TEXAS OFFICE OF TRAFFIC SAFETY, STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. WHEREAS, the City of Wichita Falls wishes to continue the Selective Traffic Enforcement Program to improve the public safety of the citizens of Wichita Falls; and, WHEREAS, the financing of this project is a burden upon the City of Wichita Falls and financial assistance is being requested from the Texas Office of Traffic Safety, State Department of Highways and Public Transportation in the amount of $149,099.00 for the contract period of October 1, 1977, through September 30, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is hereby authorized to execute continuation contracts for the Selective Traffic Enforcement Program for the contract period of October 1, 1977, through September 30, 1978, and to make application for any future continuation contracts 440 Item 8g, cont'd. under the Selective Traffic Enforcement Program. Moved by Alderman Russell that Resolution No. 2001 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8h r A proposed resolution was presented authorizing the City Manager to execute an application for continuation grant for police traffic safety education officer. RESOLUTION NO. 2002 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS AUTHORIZING AN APPLICATION FOR A GRANT FOR A POLICE TRAFFIC SAFETY EDUCATION OFFICER FROM THE OFFICE OF TRAFFIC SAFETY, STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION. WHEREAS, the City of Wichita Falls wishes to implement the position of Police Traffic Safety Education Officer within the Wichita Falls Police Department to improve the public safety of the citizens of Wichita Falls; and, WHEREAS, the financing of this project is a burden upon the City of Wichita Falls and financial assistance is being requested from the Texas Office of Traffic Safety in the amount of $23,021.00 for the contract period of October 1, 1977, through September 30, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is hereby authorized to execute a contract for the position of Police Traffic Safety Education Officer for the period October 1, 1977, through September 30, 1978, and to execute application for any continuation contracts for Police Traffic Safety Education Officer following the initial contract period. Moved by Alderman McAlister that Resolution No. 2002 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8i A proposed resolution was presented designating General Motors tract of land as an industrial district and granting immunity from annexation. RESOLUTION NO. 2003 RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH GENERAL MOTORS CORPORATION GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN 7) YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That a certain tract of land located in Wichita County, Texas, said land being more fully described in Exhibit A attached and incorporated herein, being a part of the area located in the extraterritorial jurisdiction of the City of Wichita Falls, is hereby designated as an industrial district in accordance with the provisions of Section 5 of the Municipal Annexation Act, Article 970a of the Revised Civil Statutes of Texas. SECTION 2. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and General Motors Corporation, whereby the City guarantees the continuation of the extraterritorial status of the said tract of land more fully described in Exhibit A attached and its immunity from annexation by City for a period of seven (7) years from January 1st, 1978, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 441 Item 8i, cont'd. Moved by Alderman Bassett that Resolution No. 2003 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8j A proposed resolution was presented authorizing purchase of remainder of parcel ra ,.^t of Kell right-of-way. RESOLUTION NO. 2004 RESOLUTION APPROVING PURCHASE OF REMAINDER OF PROPERTY ACQUIRED FOR KELL FREEWAY. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-380 under the 1967 Capital Improvements Program, and, WHEREAS, in Resolution No. 1988 passed and approved by the Board of Aldermen of the City of Wichita Falls on August 2, 1977, the appraised value of $5,200.00 was approved for the partial taking of 2,817 square feet of Lots 5 and 6, Block 225, Original Townsite, and, WHEREAS, the appraised value for the whole taking of 2,913.9 square feet of Lots 5 and 6, Block 225, Original Townsite is $5,250.00, and, WHEREAS, the owner of the 2,913.9 square feet of Lots 5 and 6, Block 225, Original Townsite desires to sell the entire parcel for the appraised value. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The appraised value of the 2,913.9 square feet of Lots 5 and 6, Block 225, Original Townsite in the amount of $5,250.00 is hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed, the said 2,913.9 square feet of Lots 5 and 6, Block 225, Original Townsite. The City Manager is authorized to transfer title to the State of Texas, by Warranty Deed, that portion of Lots 5 and 6, Block 225, Original Townsite required for right- of-way for the Kell Project. The City Manager is further authorized to sell, through competitive bidding, the remainder 86.8 square feet of said Lots 5 and 6 after right- of-way taking for the Kell Project. Moved by Alderman McAlister that Resolution No. 2004 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8k A proposed resolution was presented accepting grant offer for airport improvements. V,, RESOLUTION NO. 2005 RESOLUTION ACCEPTING GRANT OFFER FOR PROJECT NO. 6-48-0227-03, FOR IMPROVEMENTS AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls, Texas has submitted an Application for Federal Assistance dated August 24, 1977 to the Federal Aviation Administration requesting Federal participation in the amount of $180,900.00 for improvements at Wichita Falls Municipal Airport; and, WHEREAS, the Federal Aviation Administration has issued a Grant Offer dated September 2, 1977 which provides a commitment of Federal funds in the amount of 180, 900.00 for the aforementioned development: and, 442 Item 8k, cont'd. WHEREAS, it is determined to be in the interest of the City of Wichita Falls that the Grant Offer be accepted by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That the City does hereby accept the provisions of the Grant Offer for Project No. 6-48-0227-03, a copy of which Grant Offer is attached hereto and incorporated herein by reference. SECTION 2. The City Manager is hereby authorized and directed to execute the Grant Agreement for and on behalf of the City of Wichita Falls, Texas. Moved by Alderman Mathis that Resolution No. 2005 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 9b 3' A proposed resolution was presented awarding the bid to Rhode Pipe Company for sewer facilities to General Motors plant. v RESOLUTION NO. 2006 RESOLUTION ACCEPTING THE BID OF RHODE PIPE COMPANY FOR THE CONSTRUCTION OF SANITARY SEWER LINES AND A PUMP STATION FOR THE GENERAL MOTORS CORPORATION PLANT SITE AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RHODE PIPE COMPANY FOR THIS PROJECT. WHEREAS, on August 25, 1977, at 2:00 o'clock p.m. , bids were opened for extension of sanitary sewer facilities and sewer pump station for the General Motors Corporation plant; and, WHEREAS, eight bids on this project were received; and, WHEREAS, the bid of Rhode Pipe Company of Silverton, Texas was the low bid of 77,801.80 for this project; and, WHEREAS, Mr. J. E. Biggs, Jr. , P. E. , of the firm of Biggs and Mathews, Inc. , Consulting Engineers, who is the consulting engineer on this project, has found that the Rhode Pipe Company is a competent contractor and is financially able to complete the work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Rhode Pipe Company of Silverton, Texas, to construct sanitary sewer lines and a pump station for the General Motors Corporation plant site and which was submitted on August 25, 1977, in the amount of $77,801.80 is hereby accepted and the City Manager is hereby authorized to execute a contract with Rhode Pipe Company for this construction project based upon the terms of the bid submitted on August 25, 1977. Moved by Alderman Bassett that Resolution No. 2006 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 9c A proposed resolution was presented awarding the bid to Bowles Construction Company for sewer facilities in City View Heights Addition. RESOLUTION NO. 2007 RESOLUTION ACCEPTING THE BID OF BOWLES CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF SANITARY SEWER LINES IN CITY VIEW HEIGHTS ADDITION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BOWLES CONSTRUCTION COMPANY FOR THIS PROJECT. 443 Item 9c, cont'd. WHEREAS, on September 1, 1977, at 10:00 o'clock a.m. , bids were opened for construction of sanitary sewer lines in the City View Heights Addition to the City of Wichita Falls; and, WHEREAS, three bids on this project were received; and, WHEREAS, the bid of Bowles Construction Company submitted the low bid of $171,953.64 for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Bowles Construction Company to construct sanitary sewer lines in the City of Wichita Falls which was submitted on September 1, 1977, in the amount of $171,953.64 is hereby accepted and the City Manager is hereby authorized to execute a contract with Bowles Construction Company for this construction project incorporating the terms of the bids submitted on August 25, 1977. Moved by Alderman McAlister that Resolution No. 2007 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Alderman McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None v%Item 9d A proposed resolution was presented awarding contracts for demolition of hazardous structures. z:. RESOLUTION NO. 2008 RESOLUTION AWARDING CONTRACTS TO BOYD CURTIS AND DENVER HAWKINS FOR DEMOLITION OF HAZARDOUS STRUCTURES AND THE CLEARING AND CLEANING OF LOTS. WHEREAS, the City of Wichita Falls has advertised for bids for the demolition of certain hazardous structures and the clearing and cleaning of lots at various locations in the City; and, WHEREAS, two bids were received; the bid of Boyd Curtis was low on eight of 20 lots and the bid of Denver Hawkins was low on twelve of 20 lots; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bids of Boyd Curtis in the amount of $3,782.00 for eight of 20 lots and Denver Hawkins in the amount of $4,528.00 for twelve of 20 lots are hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls contracts with the above for the demolition of such hazardous buildings and the clearing and cleaning of such lots. Moved by Alderman McAlister that Resolution No. 2008 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 10a A proposed resolution was presented authorizing final payment on certain tennis improvements. RESOLUTION NO. 2009 RESOLUTION ACCEPTING THE WORK OF DUKE CONCRETE CONSTRUCTION CO. AND JONES & CANTRELL ELECTRIC CO. ON THE HAMILTON TENNIS CENTER PROJECT AND AUTHORIZING FINAL PAYMENTS. 444 Item 10a, cont'd. WHEREAS, the City of Wichita Falls and Duke Contrete Construction Co. entered into a contract dated May 26, 1977, wherein the contractor agreed to construct four concrete tennis courts at Hamilton Park Tennis Center; and, WHEREAS, the City of Wichita Falls and Jones & Cantrell Electric Co. entered into a contract dated May 23, 1977, wherein the contractor agreed to construct the electric lighting facilities for the four new tennis courts at Hamilton Park Tennis Center; and, WHEREAS, said construction on the four concrete tennis courts and the lighting facilities has been completed in accordance with the City's plans and specifications; and, WHEREAS, the contract price in the contract with Duke Concrete Construction Co. for such construction was $33,436.80 and whereas said amount is now due in full; and, WHEREAS, the contract price in the contract with Jones & Cantrell Electric Co. for construction of the lighting facilities described above was $6,275.00 and, of this amount, $5,020.00 has been paid, leaving a balance due the contractor of $1,255.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the four new tennis courts and the lighting facilities for same at Hamilton Park Tennis Center is accepted by the City of Wichita Falls insofar as the work of Jones & Cantrell Electric Co. and Duke Concrete Construction Co. is concerned, and the City Manager is directed to pay to Duke Concrete Construction Co. the full contract price of $33,436.80 and is also directed to pay to Jones & Cantrell Electric Co. the balance due in the amount of $1,255.00. Moved by Alderman Bassett that Resolution No. 2009 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None y RESOLUTION NO. 2010 RESOLUTION ACCEPTING CONSTRUCTION OF TENNIS COURTS AT LAMAR SCHOOL AND AUTHORIZING CITY MANAGER TO MAKE FINAL PAYMENTS TO DUKE CONCRETE CONSTRUCTION CO. AND ACE FENCE CO. WHEREAS, the City of Wichita Falls and Duke Concrete Construction Co. entered into a contract dated May 26, 1977, wherein the contractor, Duke Concrete Construction Co. agreed to construct two concrete tennis courts at Lamar School; and, WHEREAS, the City of Wichita Falls and Ace Fence Co. entered into a contract dated May 25, 1977, wherein the contractor, Ace Fence Co. , agreed to construct fences around the two concrete tennis courts constructed at Lamar School; and, WHEREAS, said construction of the concrete tennis courts and the fencing has been completed in accordance with plans and specifications of the City; and, WHEREAS, the contract price in the contract with Duke Concrete Construction Co. for such construction was $16,718.40 which full amount is now due; and, WHEREAS, the contract price in the contract with Ace Fence Co. for such construction was $3,188.64 and said amount is now due in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the two concrete tennis courts and the fencing surrounding same at Lamar School is accepted by the City of Wichita Falls and the City Manager is directed to pay to Duke Concrete Construction Co. the amount of $16,718.40 and is further directed to pay to Ace Fence Co. the amount of $3,188.64. Moved by Alderman McAlister that Resolution No. 2010 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 445 Item lOb A proposed resolution was presented authorizing final payment to Fulton Irby IConstructionCompanyforrestroomconstructionatLynwoodEastPark. RESOLUTION NO. 2011 RESOLUTION ACCEPTING CONSTRUCTION OF RESTROOMS AT LYNWOOD EAST PARK AND AUTHORIZING FINAL PAYMENT TO FULTON IRBY CONSTRUCTION COMPANY. WHEREAS, the City of Wichita Falls and Fulton Irby Construction Company enteredintoacontractdatedApril7, 1977, wherein the contractor, Fulton Irby ConstructionCompany, agreed to construct restrooms at Lynwood East Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications of the City; and, WHEREAS, the contract price for such construction was $11,798.00, final payment of which is now due in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of restrooms at Lynwood East Park is accepted by the City of Wichita Falls and the City Manager is directed to pay to Fulton Irby ConstructionCompanytheamountof $11,798.00. Moved by Alderman Mathis that Resolution No. 2011 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 10c A proposed resolution was presented authorizing final payment to M.A. Vordenbaum and Sons Construction Company for Police Building repair and expansion. RESOLUTION NO. 2012 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING POLICE BUILDING REPAIR AND EXPANSION. WHEREAS, the City of Wichita Falls and M.A. Vordenbaum & Sons, Inc. , entered into a contract dated January 18, 1977, wherein the contractor, M.A. Vordenbaum & Sons, Inc. , agreed to repair and expand the Wichita Falls police headquarters buildinglocatedat610HollidayStreetinWichitaFalls, Texas; and, WHEREAS, said repair and expansion has been completed in accordance with the plans and specifications as certified by the City's architect, Charles Harper Associates; and, WHEREAS, the contract price for such construction was $129,282.00; two change orders amounting to $2,518.73 were made, making the total amount due on said contract 131,800.73. Of this amount, $118,620.66 has been paid, leaving a balance due the contractor of $13,180.07. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The repair and expansion of the Wichita Falls police headquarters building is accepted by the City of Wichita Falls, the two change orders are approved, and the City Manager is directed to pay to M. A. Vordenbaum & Sons, Inc. the balance due in the amount of $13,180.07. Moved by Alderman Mathis that Resolution No. 2012 be passed. Motion seconded by Alderman McAlister. Alderman Russell inquired if we have any means to protect us from what happened before in faulty construction. The City Manager stated that we have a year's maintenance bond, and will depend upon the architects. Alderman Ryle wondered if we have any recourse with the former contractor. During this latest construction it was found that the first construction did not match the drawings for the building. 446 Item 10c, cont'd. Aubrey Vordenbaum appeared stating that he would make an affidavit that it was not built as it was drawn. It was his opinion that statutes of limitations may not be applicable for the original contractor. He stated that the building was sloppily constructed; that they will continue to have a problem with the old building. He stated that the building is ten inches wider on one end than on the other. Alderman Ryle stated that he would like to pursue this. Mr. Vordenbaum stated there will be more water leakage in the future. There are places on the porch where it is not water proofed. Charles Harper, Architect, stated that he had talked with police people and Mr. Fox. They do not feel that the Council could put out enough money to stop all the problems they may have. They have stopped most of the major problems. The roof drainage system was previously tied into the periphreal drainage system. It was noted that BFW Construction in Temple, Texas, was the original contractor, and the original architect is no longer in business. Mr. Harper stated that he does not feel it is worthwhile to pursue it. The front wall, which is a pre-cast stone, was not built anything like they thought it was. He recommended almost total rebuilding of this structure in the future. Mayor Boyd and Aldermen Mathis and Russell also desired to pursue this further. Moved by Alderman Mathis that the City pursue the aspects of finding out what can be done concerning this matter. Motion seconded by Alderman Ryle, and carried unanimously. The motion for passage of Resolution No. 2012 was carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item lla (request to advertise for bids to construct pedestrian improvements downtown) was postponed. Item llb v Permission was requested to advertise for bids for Jasper Street water treatment plant waste disposal facilities. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Mathis, and carried unanimously. Item 12 V Moved by Alderman Bassett that minutes of the meetings of the following boards and commissions be received. a. Traffic Commission - August 9, 1977 b. Aviation Advisory Board - August 24, 1977 f ,e c. Planning Board - August 10, 1977 d. Board of Electrical Examiners - August 9, 1977 e. Park Board - August 23, 1977 f. Mayor's Commission on Status of Women - June 9, 1977 g. Traffic Safety Council - August 3, 1977 Motion seconded by Alderman Ashbrook, and carried unanimously. Item 13a Moved by Alderman Bassett that Mrs. Virginia Holmes be appointed to the Aviation f Advisory Board for a term to expire December 31, 1978 (replacing Ruth Renton) . Motion seconded by Alderman Ashbrook, and carried unanimously. Moved by Alderman Bassett that Helen Henry be appointed to the Mayor's Commission on the Status of Women for a term to expire April 22, 1978 (replacing Beth Francell) . Motion seconded by Alderman Russell, and carried unanimously. 447 Item 13a, cont'd. Planning Board appointments were postponed. vItem 13b i Gerald Carlson, Chief Accounting Officer, presented a request for a miscellaneous receivables subsystem to the automated accounting system. He stated that the data manager has refused him this system. These records are maintained manually.Five million dollars are generated by the miscellaneous cash system. There are about200transactionspermonth. Mr. Carlson has one account clerk to take care of this, and several other functions. He is asking for automation for repetitive tasks which take a lot of time and manual posting. If they had not been burdened by manual posting then these collection procedures could have been initiated in order not to have to write off some of these accounts because of statutes of limitations. Accountingincludesdocumentationallthewaytoitsultimatepostinginthegeneralledger. He is requesting that we automate this last part to take care of complete automation of the accounting system. He requested the Council's support. The City Manager stated that instructions to the data processing staff were to complete the automated accounting system in 18 months. The miscellaneous subsystem receivables were not included in those instructions. If a miscellaneous subsystem is to be completed, it will not be completed within 18 months. They have no objection to including this in the system, but it takes time, and cannot be done within the 18 month period of completion. Pat Hamilton stated that the receivables system cannot be done within the 18 month period. He recommended a feasibility study. Until he knows the specifications he would rather not guess how much longer it will take. Alderman McAlister stated there may be some other areas that need work more than putting the miscellaneous receivables on the automated accounting system. Alderman Mathis stated that strong argument can be given to the miscellaneous receivables being a viable or integral part of the automated accounting system. He stated that it should be automated. Mr. Carlson stated that miscellaneous receivables are equal in importance to others of the automated accounting system. Alderman Bassett requested a feasibility study before next March when the 18 month period is over. The CityManagersuggestedthefirstpartof1978forthestudy, and Mr. Carlson and Mr. Hamilton. agreed. Item 13c The City Manager requested a proposed use public hearing on September 20 for general revenue sharing appropriations. Moved by Alderman Ashbrook that the public hearing be held on September 20. Motion seconded by Alderman Bassett, and carried unanimously. Item 13d t Discussion was held on Fire Department services outside the city limits. It was pointed out that the City is prohibited from providing these services except as provided by contract with the County. The City Manager mentioned equipment and services for water rescue and automobile accident victims, and wonders if the Council might want to consider these items to other counties surrounding us. They did not previously respond to the total fire package. Mayor Boyd stated that he knows of no official in any county who has shown an interest in this matter. He feels it is the responsibility of elected officials to come to us. Alderman Ashbrook agreed. The Council suggested that only a letter be sent to county officials informing them of the availability of these services if they are interested. Item 13e Alderman Mathis reported that the Hospital Board has agreed to construct the facility for the family practice residency program, so no new city or county funds will be necessary. 448 JItem 13f Alderman McAlister inquired concerning warning lights on Kell near the fire station. Ed Ilschner stated that they would be funded in the 1977-78 budget, and also for the Midwestern Parkway fire station. Alderman Russell mentioned a letter from Dr. Williamson regarding bus transportation 4 in the Rider High School area. She also inquired about the reappraisal of the Sloan property. Mr. Lillard stated that an offer was made based on Mr. Combs and Mr. Featherston's analysis. She also expressed appreciation to the anonymous donor for the Jaws of Life. She also mentioned revitalization of the downtown areas and residential areas in the midtown sector. Mayor Boyd read a letter signed by all new car and truck dealers in our city, offering a proposal for minor maintenance and repairs, etc. Mayor Boyd appointed a committee of Aldermen Ryle and McAlister and Harry Campsey to meet with these dealers. Alderman Ryle will serve as Chairman. The Board of Aldermen adjourned at 3:50 P.M. PASSED AND APPROVED this;j p;kday of z tj LG"C" t,/ , 1977. MAYOR ATTEST: CITY CLERK EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF 1:ZI.C.1LTZ. That THE CITY OF WICHITA FALLS, A MUNICIPAL CORPOPATION ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac- knowledged, to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant, bargain, sell and convey unto said Electric Company an easement and right—of—way for the construction, reconstruction, maintenance, operation and removal of an underground electric distribution system over, across and under those certain lands described as: Being described as a tract of land out of Block 5 , Section 12 of the J. A. Scott Survey, Abstract 296 , Wichita County, Texas , and being more particularly described in that certain deed as recorded in volume 454 , Page 525, Deed Records of Wichita County, Texas , to which reference is made for all purposes. The centerline of the five-foot wide easement herein granted is described as follows : BEGINNING at a point in existing easement in the above said tract, said point being 415 feet North and 11 feet West of its Southeast corner; THENCE South 50° West 120 feet to a point. together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties for the purpose of constructing, reconstructing, maintaining, operating or removing said underground electric distribution system, and the right of ingress and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate needed machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or bushes on or in the immediate vicinity of such easement strip as may be necessary in the sole judgment of Electric Company to permit the proper construction, reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con- structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and at no cost to Electric Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri- bution system. The wires and/or conduits to be erected on the above described property by Electric Company shall be placed underground, except that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determined by Electric Company. TO HAVE AND TO HOLD unto the said Electric Company, its succe sors and assigns, forever. WITNESS OUR HANDS this 19.....:.....L% day of c 1.f THE CITY OF WICHITA PALLS , A ATTEST: kSU6GIR ,I-t.. PP.OPATID. qV l IfYs'I,eraIcl...G. ex, City 'Manager O W b Y. ' a. U Z Q' cd' i o .- i o F AWV. C Ei 5' ' rn., CO D o d q W 0 t.1.4 'b a, w 0›+ U 4' P ° J v D?: r. O %-t 4-1 t a Q U W 0 C bWC) NwoHCU P4 p UU P) aw mg N 3 F a +K J V w U W U o v b o W WHcLHty a. W FlCvoel C.)U) cs a 14g H -. W 4 ti- O O b R b. F cil d N awOUaU= cn U Hmr{ m o m 0 qp o > DNz H W E-4 i 0 4” cl 0 0.10 aaH 44 U ° 03 d Uw •Z 4 i UW THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Gerald G. Fox, City Manager known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said THE CITY OF WICHITA FALLS municipal la' r thea/corporation, and that he executed the same as the act of such i purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /412t•- day of 9 t...r.igy A. D. 19 7790.A7Aet ts. Martha L. Cecil Notary Public in and for Wichita County, Texas. SOUTHERN AVIATION 1. Pay City $35,463.66 (June 76 - April 77) over a 60 month period as per attached amortization schedule. 2. May Rent 424.23 Flowage 1,876.12 3,739.34) 2,300.35 3. June Rent 424.23 Flowage 1,356.12 3,326.62) 1,780.35 4. July Rent 424.23 Flowage 1,488.32 3,460.62) 1 ,912.55 10,526.58 5,993.25 This would be paid in lump sum now, plus the August payment on same basis immediately. 5. We would assume lease payments to CNB on T-Hangar, beginning May 1, 1977. We would take over ownership now and the re- maining note payments. CITY OF WICHITA FALLS, TEXAS AMORTIZATION SCHEDULE - AIRPORT Southern Aviation Payment of Past Contractural Obligations June 1976 Thru April 1977 Interest Rate 81/2% Payment Note Principal Principal For Payment Interest Reduction Balance 35,463.66 Nov 1977 727.61 251.20 476.41 34,987.25 Dec 1977 727.61 247.83 479.78 34,507.47 Jan 1978 727.61 244.43 483.18 34,024.29 Feb 1978 727.61 241.00 486.61 33,537.68 Mar 1978 727.61 237.56 490.05 33,047.63 Apr 1978 727.61 234.09 493.52 32,554.11 May 1978 727.61 230.59 497.02 32,057.09 Jun 1978 727.61 227.07 500.54 31,556.55 Jul 1978 727.61 223.53 504.08 31,052.47 Aug 1978 727.61 219.95 507.66 30,544.81 Sep 1978 727.61 216.36 511.25 3.0,033.56 Oct 1978 727.61 212.74 514.87 29,518.69 Nov 1978 727.61 209.09 518.52 29,000.17 Dec 1978 727.61 205.42 522.19 28,477.98 Jan 1979 727.61 201.72 525.89 27,952.09 Feb 1979 727.61 197.99 529.62 27,422.47 Mar 1979 727.61 194.24 533.37 26,889.10 Apr 1979 727.61 190.46 537.15 26,351.95 May 1979 727.61 186.66 540.95 25,811.00 Jun 1979 727.61 182.83 544.78 25,266.22 Jul 1979 727.61 178.97 548.64 24,717.58 Aug 1979 727.61 175.08 552.53 24,165.05 Sep 1979 727.61 171.17 556.44 23,608.61 Oct 1979 727.61 167.23 560.38 23,048.23 Nov 1979 727.61 163.26 564.35 22,483.88 Dec 1979 727.61 159.26 568.35 21,915.53 Jan 1980 727.61 155.23 572.38 21,343.15 Feb 1980 727.61 151.18 576.43 20,766.72 Mar 1980 727.61 147.10 580.51 20,186.21 Apr 1980 727.61 142.98 584.63 19,601.58 May 1980 727.61 138.84 588.77 19,012.81 Jun 1980 727.61 134.67 592.94 18,419.87 Jul 1980 727.61 130.47 597.14 17,822.73 Aug 1980 727.61 126.24 601.37 17,221.36 Sep 1980 727.61 121.98 605.63 16,615.73 Oct 1980 727.61 117.69 609.92 16,005.81 Nov 1980 727.61 113.38 614.23 15,391.58 Dec 1980 727.61 109.03 618.58 14,773.00 Jan 1981 727.61 104.64 622.97 14,150.03 Feb 1981 727.61 100.23 627.38 13,522.65 Mar 1981 727.61 95.78 631.83 12,890.82 Apr 1981 727.61 91.31 636.30 12,254.52 May 1981 727.61 86.80 640.81 11,613.71 Jun 1981 727.61 82.26 645.35 10,968.36 Jul 1981 727.61 77.69 649.92 10,318.44 Aug 1981 727.61 73.09 654.52 9,663.92 Sep 1981 727.61 68.45 659.16 9,004.76 Oct 1981 727.61 63.78 663.83 8,340.93 Nov 1981 727.61 59.08 668.53 7,672.40 Dec 1981 727.61 54.35 673.26 6,999.14 36,380.50 7,915.98 28,464.52 4 AMORTIZATION SCHEDULE - AIRPORT Page 2 Payment Note Principal Principal For Payment Interest Reduction Balance Jan 1982 727.61 49.58 678.03 6,321.11 Feb 1982 727.61 44.77 682.84 5,638.27 Mar 1982 727.61 39.94 687.67 4,950.60 Apr 1982 727.61 35.07 692.54 4,258.06 May 1982 727.61 30.16 697.45 3,560.61 Jun 1982 727.61 25.22 702.39 2,858.22 Jul 1982 727.61 20.25 707.36 2,150.86 Aug 1982 727.61 15.23 712.38 1,438.48 Sep 1982 727.61 10.19 717.42 721.06 Oct 1982 727.61 6.55 721.06 0- 7,276.10 276.96 6,999.14 36,380.50 7,915.98 28,464.52 43,656.60 8,192.94 35,463.66 0- 9-6 77 STATE OF TEXAS COUNTY OF WICHITA This contract , made and entered into as of the 7th day of September, 1977 , by and between the City of Wichita Falls , Wichita Falls , Texas (hereinafter called "Owner" ) and the firm of Biggs C Mathews , Inc. , Consulting Engineers , Wichita Falls , Texas hereinafter called "Engineer" ) WITNESSETH: WHEREAS , the Owner will require the construction of certain improvements involving the reconstruction of hangar access areas and taxiways at the City of Wichita Falls Municipal Airport , and WHEREAS, the firm of Biggs C Mathews , Inc. , is acceptable to the Owner and is willing to enter into a contract to perform engineering services required by the Owner: NOW THEREFORE, it is agreed as follows : I The Owner hereby retains the Engineer for all engineering services required in connection with the airport construction. The services performed by the Engineer in connection with the proposed improvements shall be as follows: I. Formal application to Texas Aeronautics Commission (if considered to be a funding source for this project) ; II.. Prepare plans and specifications ; III. Prepare contract documents ; IV. Conduct general and/or resident supervision of project; V. Prepare monthly progress reports and pay estimates and submit same to Federal Aviation Administration for payment ; VI. Prepare "As-Built" plans ; VII. Assist Owner in the final project acceptance process with the Federal Aviation Administration. II Item No . I - Formal Application to Texas Aeronautics Commission if considered to be a funding source for this project) shall include: a) Participation in preliminary conferences with the Owner and the TAC regarding the proposed project ; b) Preparation of preliminary engineering layouts , sketches and reports required to expedite and clarify the applica- tion to the TAC ; c) Preparation of the formal application and to maintain liaison with the TAC to insure prompt processing of the application. Item No. II - Preparing of detailed plans and specifications shall include : a) Establishing the scope of any soil and foundation investigations which may be required and making the necessary arrangements to obtain the necessary services . Such services are to be paid for by the Engineer. b) Surveys , preliminary design and layout of the improvements ; c) Preparation of detailed plans ; d) Preparation of project quantities and cost estimates ; 2- e) Furnish to the Owner all necessary copies of approved plans , specifications , notices to bidders and proposal forms . Item No. III - Prepare Contract Documents shall include: a) Preparation of the Contracts and specifications ; b) Assistance in the advertisement of the project for bids ; c) Assistance in the opening , tabulation and analysis of the bids received and recommendations as to the appropriate action to be taken ; d) Assistance in the preparation of formal contract documents for construction contracts . Item No . IV - Conduct general and/or resident supervision of project shall include : a) Making periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the executed work and to determine in general if the work is proceeding in accordance with the contract documents . In carrying out this function , it is understood that the Engineer does not guarantee the contractor' s performance , nor is he responsible for supervision of the contractor' s operation and employees ; b) Consulting and advising with the Owner and preparing routine change orders as required; c) Reviewing shop and working drawings and design mixes furnished by contractors for compliance with design concept and with information given in contract documents contractor is responsible for dimensions to be confirmed and correlated at job site) ; 3- d) Preparation of monthly and final estimates for payments to contractors, and furnishing any necessary certifications as to payments to contractors and suppliers ; e) Performing , in company with the representative of the Owner, a final inspection of the project ; f) Revision of construction drawings , with the assistance of the resident Project Representative , to reflect any revisions included in construction records ; g) Preparing reports as required by the Federal Aviation Administration and the Texas Aeronautics Commission; h) Furnish Owner with one (1) reproducible set of construction drawings and five (5) sets of prints . Item No . V - Prepare monthly progress reports and pay estimates and submit same to Federal Aviation Administration for payment shall include : a) Keeping a construction log of activities in order that a chronological record of the project may be maintained; b) Preparation of monthly pay estimates for preparation to Federal Aviation Administration; c) Maintain a file of these activities for future reference. Item No. VI - Prepare "As-Built" plans shall include : a) Updating plans to show any changes during construction; b) Furnish Owner with five (5 ) sets of "As Built" prints and one (1) set of reproducible tracings. Item No . VII - Assist Owner in the final project acceptance process with the Federal Aviation Administration shall include: a) Maintaining liaison with the Federal Aviation Administration 4- to furnish all necessary information and data required for final acceptance ; b) Assisting Owner in complying with any requirements set forth by the Federal Aviation Administration. III For the basic services performed under Section II of this agreement , the compensation to the Engineer shall be set at a fixed fee of $18 ,000 . 00 _for the preparation of the plans and specifications . Upon completion of detailed plans and specifica- tions , and/or the required review by the State or Federal agencies , eighty percent (80%) of the total basic charge shall be due and payable. The remaining twenty percent (20%) shall be paid during construction in proportion to the contractor' s earnings . For special services such as court litigation and other miscel- laneous services not outlined in Section II , the Engineer shall be compensated on the basis of the schedule shown in Section IV. Statements for services in this category shall be rendered monthly and payment shall be due not less than thirty (30 ) days after submission of a statement. IV The charge provided herein shall not include property , boundary, and right-of-way surveys , shop , mill, field or laboratory inspec- tion of materials ; cost of inspection borings or other subsurface explorations save and except those soil tests set forth in Section II ; copies of "As Built" plans and specifications in excess of five (5 ) ; calculations of special assessments ; the services 5- of a resident Project Representative for continuous on-the-site observance of the work; or the furnishing of construction line and grade surveys . If the Owner elects to have the Engineer furnish services of a resident Project Representative for continuous on-the-site obser- vance of the work or the furnishing of construction line and grade surveys , the Engineer will furnish this service at the following schedule of rates : SURVEY PERSONNEL Four man survey party 34 . 00 per hour Three man survey party 29 . 50 per hour Land Surveyor 15 . 00 per hour CONSTRUCTION INSPECTION Resident Engineer 19 . 00 per hour Resident Inspector 11. 25 per hour ENGINEERING AND GENERAL SUPERVISOR Principal or Officer of Firm 25 . 00 per hour Project Engineer 20 . 00 per hour Senior Draftsman 10 . 00 per hour Jr. Draftsman 7 . 25 per hour Direct expenses and subcontract costs incurred shall be reimbursed at actual cost times a multiplier of 1. 10 . If, during preparation of the plans and specifications , or thereafter, the Engineer shall be required to render additional services because of changes , or delays , or other causes beyond his control , then the Engineer shall be compensated for such additional services on the basis of the schedule set out in Section IV . V It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be 6- s done under this contract until the Engineer is instructed in writing to proceed with the work. At the time written instruc- tions are given to the Engineer to proceed , evidence shall be furnished that funds are available to pay for the services rendered. It is also understood that the Engineer will not supply a resi- dent Project Representative for continuous on-the-site observance of the work or furnish construction line and grade surveys unless instructed in writing to do so. VI Any provision in this contract notwithstanding , it is specifically understood and agreed that the Engineer shall not authorize or under- take any work pursuant to this contract , which work would require the payment of any charge, expense or reimbursement in addition to the charge stipulated in Section III , without having first had and obtained specific written authority therefore. VII This contract shall not be assignable in whole or in part without the consent of the Owner. VIII All payments for services rendered by the Engineer that have not been paid within sixty (60 ) days after becoming due shall thereafter accrue interest at the rate of eight percent (8%) per annum. IX In connection with all the work outlined or contemplated above, it is agreed that the Owner or the Engineer may cancel 7- or terminate this contract upon thirty (30 ) days written notice of such cancellation from either party to the other all work and labor being performed under this contract shall immediately cease , pending final cancellation at the end of such thirty-day period, and further provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by him prior to the receipt of notice of such termination. X The City of Wichita Falls , Federal Aviation Administration, Comptroller General of the United States or any of their duly authorized representatives shall have access to any books , documents , papers and records of the Engineer which are directly pertinent to this project for the purpose of making accurate examination, excerpts , and transcription. XI Ownership of any Airport Layout Flan prepared by the Engineer shall remain with the Owner. If the Owner shall so direct the plan may remain in the files of the Engineer; however, the Owner shall have access to this Plan whenever he deems it necessary. The Engineer shall have access to any existing City plats and records in the possession of the Owner that will be of benefit in the preparation of the plans and specifications . 8- IN WITNESS HEREOF, the City of Wichita Falls , Texas , has caused this contract to be executed by its City Manager and attested by its City Clerk and the official seal of the City affixed hereto, and Biggs & Mathews , Inc. , Consulting Engineers , has caused this contract to be executed by its President and its Secretary, with all such executions being in quadruplicate , each of which shall constitute an original , and all of which has been done as of the date here above first written. CITY OF WICHITA FALLS BY ri,J, City Manag ATTEST: City Clerk BIGGS a MATHEWS , INC . Consulting Engineers BY . E. Biggs Jr. , P. E. , President ATTEST:Registered Professional Engineer No. 16101 Secretary 9- 64a003 THE STATE OF TEXAS COUNTY OF WICHITA This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", and General Motors Corporation, hereinafter called "GM". WITNESSETH : WHEREAS, GM is the owner of a certain tract of land, hereinafter called Subject Property", located in Wichita County, Texas, said land being more fully described in Exhibit A, which,is attached hereto and incorporated herein, and which land is located within City's extraterritorial jurisdiction; and, WHEREAS, the Board of Aldermen of City has, by Resolution No. 2003 • designated Subject Property as an industrial district, and authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the City. NOW, THEREFORE, for and in consideration of the mutual covenants herein- after contained to be performed by the parties hereto, City and GM do hereby agree as follows: 1. City guarantees the continuation of the extraterritorial status of Sub- ject Property, and its immunity from annexation by City for a period of seven (7) years from January 1st, 1978. 2. City will furnish water service to GM on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event GM shall thereafter pay the same rates charged to users within the City limits. 3. City will furnish sanitary sewer service to GM on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through- out the term of this contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event GM shall thereafter pay the same rates charged to users within the City limits. 4. City will furnish solid waste collection and removal service to GM on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments within the City limits throughout the term of this contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event GM shall thereafter pay the same rates charged to users within the City limits. 5. The water service, sanitary sewer service and solid waste collec- tion service provided to GM by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 6. City will furnish fire protection service to GM on Subject Property. 7. GM will pay to City each year during the seven (7) years of this con- tract, as payment in lieu of taxes, an amount in cash equal to 25% of that amount that their normal City taxes would have been that year had they been in the City limits. Each annual payment shall be made between October 15 and December 31 of each year; the first such payment in lieu of taxes shall be payable between Oct- ober 15 and December 31 of 1978. In computing the amount that their taxes would be each year during this contract, the following rules shall be applied: a. The appraised value of the land shall be determined in the same manner that other land in the City is appraised. b. The initial appraisal of the buildings and other improvements shall be an amount equal to 92% of the actual costs of such buildings and improve- ments, which cost figures have been furnished to City by GM. c. The appraised value of the machinery, equipment and other personal property except for inventory shall be, throughout the term of this con- tract, an amount equal to 65% of the actual costs of such machinery, equipment and other personal property, which cost figures have been furnished to City by GM. d. The appraised value of the inventory shall be determined in the same manner that the inventory of other firms in the City are appraised. 2- r e. Each year the then current assessment ratio established by the Board of Aldermen shall be applied to the appraised value in order to obtain the assessed value; the then current tax rate as established by the Board of Aldermen shall be applied to the assessed value to obtain the amount that the taxes would have been that year had the property been located within the City limits. The payment in lieu of taxes shall be 25% of the amount so computed. 8. This contract does not release or waive any obligations to the City in connection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 9. In the event GM should breach any of the provisions of this contract, and it fails to remedy such breach within thirty (30) days after having been notified by City to do so, then City shall have the right to terminate this contract, and to proceed to annex Subject Property. 10. City shall initiate proceeding to annex Subject Property into the City limits early enough to be able to complete such proceeding by December 31, 1984, and Subject Property shall be included on the tax rolls of City on January 1, 1985. 11. This contract shall be effective as of January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the -30thday of durie , 1977. NOCITYOFWICHITAFALLS, TEXAS q 4 C BY: D m Gera G. Fox j o City Manager c, m 7 O ATTEST:O r^ Z O City Clerk GENERAL MOTORS CORPORATION BY: Sf• Vi e. President ATTEST: A -,„// _ .( A s siS tant Secretary EXHIBIT A A tract of land out of the S. T. Bell Survey, A-634, and the II. G. Horn Survey, A-100, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at the occupied Southwest corner of said S. T. Bell Survey, A-634, said point also being the occupied Northwest corner of the Thomas Curry Survey, A-345, and the Northwest corner of Bacon Switch Addition, Block 1, an addition to Wichita County, Texas, said point being the Southwest corner and place of beginning of the herein described tract; THENCE North 00° 02' West along the occupied West line of said S. T. Bell Survey, A-634, at 388. 90 feet pass the Northwest corner of said Bell Survey, in all a distance of 1690.24 feet to a point for the Northwest corner of this tract; THENCE South 89° 59' East 2344.97 feet to a point in the West right-of-way line of the M-K-T R. R. for the Northeast corner of this tract; THENCE South 15° 24' East 1753.26 feet along said West right-of-way line of M-K-T R. R. to its point of intersection with the South line of said S. T. Bell Sur- vey for the Southeast corner of this tract; THENCE North 89° 59' West 2809. 33 feet along said South line of the S. T. Bell Survey to the place of beginning and containing 100. 00 acres, or 4,356, 000 square feet, more or less.