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Min 12/20/1977522 Wichita Falls, Texas Memorial Auditorium Building December 20, 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 Mayor Hardy McAlister Fred E. Bassett Carol Russell Aldermen Ray Ashbrook W. E. Ryle Jerry Mathis Gerald Fox City Manager H. P. Hodge, Jr.City Attorney Gerald Carlson Chief Accounting Officer Judy Baird Assistant City Clerk The invocation was given by Reverend Larry Lilley of Southwest Baptist Church. Item 3 Moved by Alderman McAlister that minutes for the meeting held December 6, 1977, be approved. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 4a Mayor Boyd read his letter of resignation in order to accept a position with Midtown Now, Inc. Moved by Alderman Mathis to accept the Mayor's resignation with much regret. Motion seconded by Alderman Ashbrook, and carried unanimously. The former mayor was then given a standing ovation. Item 4d Mayor Pro tem Jerry Mathis presented a plaque and a scrapbook to the former mayor. Items 4b & c Moved by Alderman Ashbrook to appoint Jerry Mathis as interim mayor. Motion seconded by Alderman Ryle, and carried unanimously. Moved by Alderman Ryle to nominate Peggy McCullough as interim alderman, place 6 until April 1 , 1978. Motion seconded by Alderman Ashbrook with the exception that alderman be changed to alderwoman, and carried unanimously. The newly appointed interim mayor and interim alderwoman were sworn in by Judy Baird, Assistant City Clerk. Alderman Ryle stated this is a historic occasion by having two women on the council . We do not have any reservations about who serves on this governing body as long as they do a good job. 523 Item 4e Don Carroll , an employee of the Utility Collections . Department, was honored as employee for the month of December. Mayor Mathis presented him with a plaque, two tickets to an interstate theatre and tickets to dinner at a restaurant. VI tem 4f Dr. E. Aubrey Cox appeared regarding increasing the charges for permit fees for producers and processors of milk and milk products. The Health Department is proposingtorecover50% to 75% of the operating costs for providing direct and specific services. No changes have been made in the fees in the milk division since 1964. ORDINANCE NO. 3269 AN ORDINANCE REPEALING ORDINANCE NO. 1667 WHICH WAS AN ORDINANCE REGULATING THE PRODUCTION, TRANSPORTATION, PROCESSING, HANDLING, SAMPLING, EXAMINATION, GRADING, LABELING, REGRADING, AND SALE OF MILK AND MILK PRODUCTS, ETC; AND AMENDING SECTION 16-64 OF THE CODE OF ORDINANCES TO PROVIDE FOR PERMITS FOR MILK PRODUCTS, MILK PROCESSORS, MILK HAULERS FOR HIRE, BULK MILK HAULERS AND DRIVERS, OUT-OF-CITY MILK, TRANSFER STATION, TRANSPORT VANS 'S MILK, RETAIL DELIVERY TRUCK, MILK AND DRY MILK POWDER SELLING PRODUCTS WITHIN THE CITY OF WICHITA FALLS OR ITS POLICE JURISDICTION; PROVIDING FEES FOR SUCH PERMITS; AND PROVIDING FOR AN EMERGENCY. Clarence Wolf, Windthorst, Texas, appeared representing the Board of Directors oftheA.M.P. I . and other dairy farmers in the area. He stated the proposed fees are out of line compared to other cities. We are not against an increase, but up to $150isunreasonable. We would consider an increase between $35 and $50, but anything over50isoutofreason. Jim Marshal , A.M.P. I . , Amarillo, who is in charge of the western division, was opposed to the $35 charge to the bulk milk haulers/drivers and not to the milk tankers.Dr. Cox stated the $35 is charged for each tanker and $35 for the driver. Coolidge Threadgill , of the Health Department, stated in the past we have not been chargingforthedriver, just the tankers. Moved by Alderman McAlister that action be deferred for 60 days and to notifythecitiesofDallasandFt. Worth that we are providing this inspection service and charging this fee structure. At that time, have the dairymen and A.M.P. I. let us know what their recommendations are. Dr. Cox stated that because the fees are due January 1st, and the permit is good for one year, he suggested charging 1/3 of the proposed fees for the first six months and if the ordinance for increasing the fees is working in recovering some ofthecostthencharge2/3 of the amount for the second six months. The first motion was withdrawn and the following motion was made. Moved by Alderman McAlister that Ordinance No. 3269 be passed , but that all milk producers within 50 miles of Wichita Falls, and producers beyond 50 miles but within75miles, all milk transfer stations and/or receiving stations, and all milk haulers/ drivers and tankers be charged 1/3 of the proposed fee for the first six months and 2/3 of the proposed fee be charged for the second six months. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, and Alderwomen Russell and McCullough. Nays : None Alderman Ryle wanted to clarify that any service the City of Wichita Falls is providing is trying to become self-supporting. At this time Mayor Mathis asked that a Mayor Pro tem be appointed. He recommended that Ray Ashbrook be appointed. Moved by Alderman Ryle that Ray Ashbrook be appointed Mayor Pro tem. Motion seconded by Alderwoman Russell , and carried unanimously. 524 Item 4g A proposed ordinance was presented increasing the permit fees for eating establishments and other than eating and drinking establishments. Dr. E. Aubrey Cox stated the proposed fees for permits and inspections will recover 50% of the cost for these services. The fee for Eating and Drinking Establishments is dependent on the number of employees. The fee for Other Than Eating and Drinking Establishments is dependent on the total square footage of the establishment. ORDINANCE NO. 3270 ORDINANCE AMENDING SECTIONS 16-16 AND 16-18 OF THE CODE OF ORDINANCES; ESTABLISHING FEES TO BE CHARGED BY WICHITA FALLS-WICHITA COUNTY HEALTH UNIT FOR PERMITS FOR FOOD ESTABLISHMENTS. Moved by Alderman Ryle that Ordinance No. 3270 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Item 4h Discussion was held on the proposed ordinance of disannexing Lake Arrowhead. Frank3 , Douthitt, Attorney, appeared representing the people who wished to be disannexed at Lake Arrowhead. Mr. Douthitt read headlines and parts of newspaper stories dating back to 1965 concerning the paving of streets and providing the residents with water by the City. He also stated that sometimes there has not been any response from the Fire Department in Wichita Falls when a fire has been reported. Also, police protection is inadequate. The residents get faster service from Clay County. The garbage and sanitation services are practically non-existent. If the land were disannexed, the City would not be responsible. He further read sections of the Charter and Code stating the duties of the City on property owned by the City. He made some recommendations concerning the future demands of the residents if the property is not disannexed. He recommended one person and one demand be put on each agenda until the demands are met. Also, there is a possibility of an initiative election requiring the vote of the whole city. He stated the City is going to have more headaches and problems if this area is not disannexed. Alderman Bassett asked if this area were disannexed would we be jeopardizing the quality of the lake and water. The City Attorney did not see any problems since the City is not giving up any pollution control on the lake. James Kellett appeared opposing the disannexing. He stated 550 leases are being represented by 50 people who want to disannex. Perhaps the City should petition the 550 leases to see how they want to go. Mr. Kellett stated the tax base would increase because once water is on the property within two years a dwelling must be on the property. He questioned who would maintain the roads if Lake Arrowhead is disannexed. The City Manager stated the City would have to continue its obligation to maintain the roads. ORDINANCE NO. 3271 AN ORDINANCE DECLARING CERTAIN TERRITORY EXISTING WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS AS NOT SUITABLE OR NECESSARY FOR CITY PURPOSES; DESIGNATING SUCH TERRITORY AND DISCONTINUING THE SAME FROM AND ELIMINATING THE SAME AS A PART OF THE CITY OF WICHITA FALLS; PROVIDING THAT SUCH ORDINANCE SHALL NOT AFFECT THE RIGHT AND POWER OF THE CITY OF WICHITA FALLS TO PROTECT ITS WATER SUPPLY; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3271 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 4i Richard T. Sutherland, Attorney, appeared representing Bill Starnes, President of Gator Productions , Inc. requesting a waiver for the sale of beer for on-premise consumption for one day only at the Fed-Mart Building on Old Jacksboro Highway for a New Year's Eve dance. He also requested a waiver of Section 25-15 requiring a dance hall permit. He stated the time involved in applying for and having a permit issued by the Board ofAldermenwouldmakeitimpossibletoreceiveapermitbyDecember31 , 1977. The CityAttorneyandAssistantCityClerkexplainedthattheapplicationispresentedtoand issued by the City Clerk. It is no longer presented to the Board of Aldermen for approval . Alderman McAlister requested the section in the Code be revised to reflect the present procedure in obtaining a dance license. 525 Item 4i , cont'd. Moved by Alderwoman McCullough that the waivers be granted. Motion seconded by Alderman McAlister, and failed by the following vote: Ayes: Alderman McAlister, Alderwomen McCullough and Russell Nays: Mayor Mathis , Aldermen Bassett, Ashbrook, and Ryle The Mayor clarified his reason for voting against this waiver was because previous waivers had been granted for non-profit organizations. v'I tem 5a A proposed ordinance was presented appropriating $12,000 from the General Fund for Community Action Corporation support. ORDINANCE NO. 3272 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3272 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Ashbrook,Ryle, Alderwomen Russell and McCullough Nays : None (Alderman Bassett was out of the room. ) Item 6a A proposed ordinance was presented amending Section 7-15 of the Code of Ordinances amending sign regulations. ORDINANCE NO. 3273 ORDINANCE AMENDING SUBSECTION (j) OF SECTION 2 OF ORDINANCE NO. 3263, WHICH REGULATED SIGNS, TO CLARIFY USE OF ON-PREMISE SIGNS. Moved by Alderman Bassett that Ordinance No. 3273 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None y Item 6b Final consideration was given to the ordinance annexing two tracts of land. f ORDINANCE NO. 3266 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Bassett that Ordinance No. 3266 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: mw Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None j. q Item 6c A proposed ordinance was presented closing a portion of Tower Drive in the Steed and Gardner Addition. JORDINANCE NO. 3274 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF TOWER DRIVE WITHIN STEED AND GARDNER ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman McAlister that Ordinance No. 3274 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: 526 Item 6c, cont'd. Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Item 6d A proposed ordinance was presented establishing "no parking" zones on 13th and 14th Streets from Indiana Street to Scott Street. ORDINANCE NO. 3275 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS. Moved by Alderman McAlister that Ordinance No. 3275 be passed. Motion seconded by Alderwoman McCullough, and passed by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Item 6e A proposed ordinance was presented establishing 13th and 14th Streets as one-way streets from Indiana Street to Holliday Street, and from Scott Street to Holliday Street. ORDINANCE NO. 3276 AN ORDINANCE AMENDING PARAGRAPH (b) OF SECTION 29-45 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS ESTABLISHING ONE-WAY STREET OPERATION FOR CERTAIN STREETS AND HIGHWAYS. Moved by Alderman McAlister that Ordinance No. 3276 be passed. Motion seconded by Alderwoman Russell and carried by the following vote: Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 7a A proposed resolution was presented authorizing a contract with Texas Department of Water Resources for certain water source investigations for 1977-78 State fiscal year. RESOLUTION NO. 2056 RESOLUTION APPROVING CONTRACT WITH THE TEXAS DEPARTMENT OF WATER RESOURCES FOR CERTAIN WATER RESOURCES INVESTIGATIONS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Texas Department of Water Resources, as participants in a cooperative Water Resources Investigation Program sponsored by the Geological Survey of the United Stated Department of the Interior, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2056 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 7b A proposed resolution was presented approving appraisal and authorizing purchase of Kell Right-of-Way parcel . 527 Item 7b, cont'd. I RESOLUTION NO. 2057 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 Deeds are as follows: Kell Freeway - Project 52-380 Warranty Deed 131 s.f. of Lot 10, Block 20, I . Jalonick Addn. 3586 s.f. of Lot 20, Block 20, I . Jalonick Addn. 388 s.f. of Lot 3, Block 19, I . Jalonick Addn. 72 s.f. of Lot 2, Block 19, I . Jalonick Addn. E.5 ft. of N. 65 ft. Lot 1 , Blk. 20, I . Jalonick E.5 ft of N.50 ft. Lot 1 , Blk. 20, I . Jalonick E.5 ft. of S.50 ft. Lot 1 , Blk. 20, I . Jalonick 4725 s.f. of Lot 11 , Blk. 14, I . Jalonick Addn. Lot 9, Block 15, I . Jalonick Addition. S. 50 ft of Lot 1 & 2, Block 15, I . Jalonick Addition. S.100' of Lot 12, Block 14, I . Jalonick Addition S.1/2 of Lot 19 & 20, Block 15, I . Jalonick Addition. Lot 2, Block 11 , I . Jalonick Addition S. 50 ft. of Lots 1 & 2, Block 19, I . Jalonick Addn. N.50 ft of Lots 19 & 20, Block 19, I . Jalonick Addition. Combined total of values approved in this resolution 142,642. 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 of 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 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. 2057 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 7c J A proposed resolution was presented authorizing the City Manager to execute a contract with Community Action Corporation for administration of Section 8 Housing y Assistance Program. 528 yItem 7c, cont'd. RESOLUTION NO. 2058 L1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA FOR ADMINISTRATION OF THE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING. WHEREAS, the 1977 Housing Assistance Plan, prepared as part of the 1977-78 Community Development Block Grant application, stated that over 5,000 families in Wichita Falls need housing assistance; and WHEREAS, the Board of Aldermen authorized the City Manager to execute the Five Year Annual Contributions Contract with the Department of Housing and Urban Development for Section 8 - Housing Assistance Payments Program for Existing Housing on February 3, 1976; and WHEREAS, on December 7, 1976, the Board of Aldermen approved the resolution awarding the contract for the administration of the Section 8 program to the Community Action Corporation, and WHEREAS, the Community Action Corporation has ably executed that contract during the past year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Gerald G. Fox, City Manager, is authorized to execute a one year contract with the Community Action Corporation of Wichita Falls and North Texas area for the administration of the Section 8 Housing Assistance Payments Program for Existing Housing. Moved by Alderman McAlister that Resolution No. 2058 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None 1 Item 7d A proposed resolution was presented authorizing the City Manager to execute an agreement providing for railroad crossing protection devices at 7th Street crossing. y RESOLUTION NO. 2059 RESOLUTION APPROVING CONTRACT WITH THE STATE OF TEXAS AND THE FORT WORTH AND DENVER RAILWAY COMPANY, PROVIDING FOR GRADE CROSSING WARNING SYSTEMS AT THE SEVENTH STREET CROSSING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the State of Texas, the Fort Worth and Denver Railway Company and the City of Wichita Falls, dated November 23, 1977, which provides for the installation of grade crossing warning systems at the Seventh Street railway crossing, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ashbrook that Resolution No. 2059 be passed. Motion seconded by Alderwoman McCullough. Ed Ilschner, Director of Traffic, stated this would eliminate human manpower with no cost to the City. The gates that come down are to be closed no longer than 10 minutes. The motion was carried by the following vote: Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None 529 Item 7e A proposed resolution was presented authorizing the execution of a contract with Robert Pardue Architects and Associates for the Activities Center Architectural services. RESOLUTION NO. 2060 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ROBERT PARDUE, ARCHITECTS & ASSOCIATES FOR THE PREPARATION OF PROJECT PLANS AND SPECIFICATIONS FOR THE REMODELING OF THE ACTIVITIES CENTER. WHEREAS, the City is preparing to begin a project involving the remodeling of the Wichita Falls Activities Center; and, WHEREAS, specifications and project plans in addition to other professional architectural and engineering services will be required in order to proceed with the remodeling of the Activities Center; and, WHEREAS, the architectural firm of Robert Pardue Architects & Associates is willing to enter into a contract to perform these architectural and engineering services for the City; and, WHEREAS, the firm of Robert Pardue Architects & Associates is acceptable to the City of Wichita Falls for the performance of the required architectural and engineering services for the remodeling of the Activities Center. 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, a copy of which is attached hereto, with Robert Pardue Architects & Associates for the rendering of architectural and engineering services in connection with the remodeling of the Wichita Falls Activities Center. Moved by Alderman Russell that Resolution No. 2060 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Alderman McAlister asked that the burglar sensing alarm be checked to see if it is still workable. Mayor Mathis stated he had two unfavorable comments about the Chili Cook-Off held at the Activities Center. One comment was the restroom facilities and the other was the parking status. The Mayor asked Ed Ilschner to look into the feasibility of blocking off some of the streets for parking. Item 8a Bids were considered on dump truck beds for Street Department. It was recommended the bid be awarded to Longhorn Trailer, Wichita Falls, in the amount of $10,769.20. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 9a Permission was requested to advertise for bids for the 1978 oil and grease contract. Moved by Alderman Bassett that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 9b Permission was requested to advertise for bids for an estimated annual supply of automotive storage batteries for all city departments. 530 Item 9b, cont'd. Moved by Alderman McAlister that authority be granted to advertise for bids , as requested. Motion seconded by Alderwoman Russell , and carried unanimously. Item l0a & b J Moved by Alderwoman McCullough that minutes of the meetings of the following boards and commissions be received. a. Traffic Commission - December 13, 1977 b. Citizens Traffic Safety Council - November 2, 1977 and December 7, 1977 Motion seconded by Alderman McAlister, and carried unanimously. v Item ila Discussion was held on four alternatives for speeding up the process of refunding Municipal Court cash bonds. Gerald Carlson, Chief Accounting Officer, recommended that a Municipal Court checking account be established and a court clerk could prepare a refund check to be reviewed and signed by the City Manager and the Chief Accounting Officer and issued. Replenishment checks would be issued by the Accounting Department. Moved by Alderman Ryle that $1 ,000 be put in the Municipal Court checking account to implement the program, and the process of refunding be established as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item llb Appointments to the Aviation Advisory Board were considered. Moved by Alderman Bassett that Mr. J. Lewis Foster and Mr. Pat O'Neal be reappointed, and that John McNabb be appointed to replace Steve Gose, for a three- year term commencing January 1 , 1978. Motion seconded by Alderman Ashbrook, and carried unanimously. Appointments to the Traffic Commission were considered. Moved by Alderman Bassett that John Glover, Bob Taubert, Don Whan, and Tim Wilson be reappointed, and that Bill Whitney and Lonnie Hobbs be appointed to replace Bob Mengel and Jim McCracken, for a three-year period beginning January 1 , 1978. Motion seconded by Alderman McAlister, and carried unanimously. v Appointments to the Wichita Falls-Wichita County Board of Health were considered. RESOLUTION NO. 2061 RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF HEALTH, AND CONFIRMING APPOINTMENTS BY COMMISSIONERS COURT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . R. D. Riddle, D.V.M. and J.A. Scofield, M.D. are hereby appointed as members of the Wichita Falls City-Wichita County Board of Health for two year terms commencing January 1 , 1978 and expiring December 31 , 1979. SECTION 2. The appointments by the Commissioners Court of Wichita County, Texas of Arch Hughes and William L. Boardman, D.D.S. as members of such Board of Health for two year terms commencing January 1 , 1978 and expiring December 31 , 1979 be and the same are hereby confirmed. Moved by Alderwoman Russell that Resolution No. 2061 be passed. Motion seconded by Alderman McAlister, with the exception that the Board of Health be notified that their appointments of Arch Hughes and William S. Boardman, D.D.S. do not comply with the City's policy of board members not serving more than six years on a board. 531 Item lib, cont'd. The motion carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Appointments to the Citizens Traffic Safety Council were considered. Moved by Alderman Bassett that Bob Draper be appointed to replace Mrs. Bonnie Thornton. Motion seconded by Alderman Ashbrook, and carried unanimously. V Item llc Adoption of the Citizen Participation Plan was discussed. Roger McKinney, Acting Director of Planning, stated the plan had been prepared in order to achieve maximum citizen involvement in the development of the City's 1978-79 Community Development Block Grant application. Over $2,000,000 will be available for the funding period. The plan will continue the formal series of neighborhood public hearings held prior to the development of the application. Moved by Alderman McAlister that the Citizen Participation Plan be adopted as recommended. Motion seconded by Alderwoman Russell and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ryle, Alderwomen Russell and McCullough Nays: None (Alderman Ashbrook was out of the room. ) Item lld Discussion was held on the length of the City Council meetings. A study was done by contacting present and past City Council members for their suggestions. Other cities were also contacted to learn their approach on conducting meetings. Some of the proposals were to allow the reader of a memo or letter to explain in briefest terms the contents of the memo or letter; to screen all citizens appearing before the Council , seeing if they had talked to a staff member prior to attending the meeting; a majority vote early in the discussion of an issue; written questions by the City Council be answered by the staff prior to the meeting. Other cities techniques consisted of a consent agenda" . All routine items are placed in the consent agenda and are acted on by one motion with no debate allowed. Ordinances, public hearings, and unique items are placed in a section of the agenda for individual consideration. Some cities put time limits on speakers, or have a study session before the meeting. Ex-councilmen suggested the Councilmen specialize in certain areas in order to answer questions. Public work sessions to be held one hour before the regular Council meeting was also suggested. Alderman McAlister stated Proposal No. 1 , having the Mayor summarize memos, has a substantial amount of credibility. Alderman Bassett suggested using Proposal No. 2, screening citizens appearing before the Council , as a trial basis for 60 days. He also stated Proposal No. 4, written questions by the Council and answered by the staff prior to the meeting, was good. Aldermen Bassett and Ryle both agreed the "consent agenda" was good. The City Manager suggested implementing the "consent agenda" and continue having the Mayor summarize memos. Item lle Richard Sutherland, Attorney, appeared again asking if there was any difficulty in proceeding with the application for a dance hall permit for the New Year's Eve dance at the Fed-Mart Building, and if one could be issued by December 31 . The City Manager asked Ernest Lillard if he could work it out with his inspectors and then stated there shouldn't be any problems. Alderwoman Russell asked about the parking at the airport. If someone doesn't want to go into the monitored parking lot, all the metered areas are filled or reserved by rental cars. What happens to the people who want to make a quick stop and let someone out. It's a convenience factor to park at the door. 532 The City Manager clarified that the parking lot and the parking meters cost are the same. There also is a loading and unloading area for two cars. The four rental car agencies are granted two spaces per firm according to their lease. Ed Ilschner stated he would study this with the airport manager and see if any improvements could be made. Alderman Bassett clarified that since we have entered into a contract with the architects to work on the Activities Center, the Activities Center Committee will proceed with the architects and then report back to the Council on the progress. Mayor Mathis noted a picture in the paper with a headline entitled "Grass Fires Destroys Estimated 5,000 Acres" , which began near Fisher Road. The Mayor has y had some complaints from Clay County. The fire started in the city limits and then spread into Clay County. The Wichita Falls Fire Department fought the fire up to the city limit line and stopped. Fire departments came from other cities, including Iowa Park and Burkburnett, and had to come through Wichita Falls to help fight the fire. The City Manager stated we have a contract with Wichita County to fight fires. We have a policy and we must stick to it. Even though we have contacted other counties concerning contracts , we have not had an official response from Clay County. A work session on the Northside Sanitary Sewer Systems and Northside sewer plant was scheduled for Thursday, January 5, 1978, at 10:00 A.M. The Board of Aldermen adjourned at 12:20 P.M. PASSED AND APPROVED this %_%r day of 64ruc cG 1978. AMA/ 7P144216( MAYOR ATTEST: CITY CLERK STATE OF TEXAS A Texas Department of Water Resources COUNTY OF TRAVIS re TDWR Contract No . 03-8764 The Texas Deparcrnent of Water Resources , hereinafter referredtoasthe "Department" and City of Wichita Falls a duly organized pal-laical subdivision of the State at Texas , hereinafter referred to as "Cooperator" , as participants in a Cooperative Water Resources Investigation Program sponsored by theGeologicalSurveyoftheUnitedStatesDepartmentoftheInterior ,hereinafter referred to as the "Survey" , hereby make the followingcontractandagreement : 1 . The Department , or the Survey at the instance of theDepartment, shall perform the investigations listed in AttachmentNo . 1, which is made a part hereof, pursuant to the master agreement covering same between the Department and the Survey entitled "1978 COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCESINTEXAS" and Memorandum of Cooperative Agreement , a copy of whichisattachedheretoandmadeaparthereofforallPurposes , asAttachmentNo . 2 , dated 10/3/77 from Mr. I . D. Yost,District Chief, Water Resources Division of the Survey, to theDepartment. 2. The estimated cost of the listed investigations is 8 , 410 of which the Cooperator shall remit to the Departmentthesumof $3 , 448 on demand after the 1st day of September,1977, but under no circumstances later than February 28 , 1978 . 3. In the event the funds or technical services are not available for the Department ' s share of the costs , this agreement shall be null and void, and any funds contributed by the Cooperator shall be refunded in full . This agreement shall not be construed as creating any debt by or on behalf of the State of Texas or the Texas Department of Water Resources . 4. In the event of major damage to any of the stations listedinAttachmentNo. 1 by floods or other causes , or in case it becomesdesirabletomoveastationorstationstoanewlocation, the cost of repairing such damage or moving such station will be mutuallyagreeduponbythepartieshereto , and the Coopeator, if sufficientfundsareavailable, shall contribute on the same basis as for otherworkprovidedherein. S . If the Cooperator fails to pay the Department the amount of money agreed upon in Paragraph 2 of this contract on or before February 28, 1978 , the Department shall have the option to cancel and terminate this contract by written notice to the Cooperator. If this contract is so cancelled and terminated prior to August 31 ,1978 , the Cooperator will be obligated to pay the Department forthatportionofthecontractpricewhichtheworkandservicesalreadyperformedbearstothetotalworkandservicesrequiredunderthecontract, less any payment previously made or, asappropriate , the Department shall refund the unexpended portionoftheCooperator' s contribution or the portion. thereof which theDepartmentisnotobligatedtoexpendonworkperformeduptothedateoftermination. 6. This agreement may be amended by mutual written agreementoftheparties . 7 . This agreement supersedes every previous cooperativecontractbetweentheDepartmentandtheCooperator . In Witness Whereof, the parties have caused this contract andagreementtobedulyexecutedintriplicate , this the 31st day ofAugust , 1977 . city of .cW' h.i.ta Falls TEXAS DEPARTMENT OF WATER RESOURCESCOOPERATOR By By : _ i 2', Mme, .Tna C- Smith__— Harvey D. Davis Di rPrtor_of utilities Executive Director r 0., 1AEHT Or r^/ United States. Department of the Interior GEOLOGY(::\I. SURVEY 41,, 0 WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 8TH STREET AUSTIN, TEXAS 78701 October 3, 1977 ATTACHMENT NO. 1 Cooperative agreement between CITY OF WICHITA FALLS, Texas Department of Water Resources, and U.S. Geological Survey for the State fiscal year ending August 31, 1978. Program Description I. Surface-Water Investigations A. Operation and maintenance of the following streamflow and reservoir-content stations: 07314500 Little Wichita River near Archer City, Tex. 07314800 Lake Arrowhead near Henrietta, Tex. 07314900 Little Wichita River above Henrietta, Tex. Total program costs 8,410 City of Wichita Falls share---$3,448 TDWR share 757 USGS share 4,205 THE AMERICAN INSTITUTE OF ARCHITECTS Olv M AIA Document 8141 Standard Form of Agreement Between Owner and Architect THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this 16t day of December in the year of NineteenHundredandSeventySeven BETWEEN the Owner: City of Wichita Falls , Texas and the Architect: Robert Pardue & Associates Wichita Falls , Texas For the following Project: Include detailed description of Project location and scope) Renovation of The Downtown Dillard Building for the City of Wichita Falls for use as a Community Activity Center The Owner and the Architect agree as set forth below. MA DOCUMENT B141 • OWNER-ARCHI(ECT AGREEMENT • JANUARY 1974 EDITION • AIA'A' • (1974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. 1(1006 f PERCENTAGE OF CONSTRUCTION COST I. THE ARCHITECT shall provide professional services for the Project in accordance with the TermsandConditionsofthisAgreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions ofthisAgreement. A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shall be computed on the basis of one of the following PERCENTAGES OF CONSTRUCTION COST, as defined in Article 3, for portions of the Project to be awarded under A Single Stipulated Sum Construction Contract Seven percent ( 7 %) Separate Stipulated Sum rnnstnirtinn Cnnir,irtc i A Single Cost Plus Fee Construction Contract percent ( %) Separate ,Cot-Plus-Fee Construction Contracts ge :-efts- %) B. FOR ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed asfollows: 1. Principals' time at the fixed rate of Twenty Five dollars ($25 ) per hour. For the purpose of this Agreement, the Principals are: Robert B. Pardue, AIA 2. Employees' time (other than Principals) at a multiple of 2 . 5 ) times the employees' Direct Personnel Expense as defined in Article 4. 3. Services of Professional consultants at a multiple of one 1 times the amount billed to the Architect for such services. C. AN INITIAL PAYMENT of None dollars ($0 shall be made upon the execution of this Agreement and credited to the Owner's account. D. FOR REIMBURSABLE.EXPENSES, amounts expended as defined in Article i. III. THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree- ment that: A. IF SCOPE of the Project is changed materially, compensation shall be subject to renegotiation. B. IF THE SERVICES covered by this Agreement have not been completed within Twenty Four 24 ) months of the hate hereof, the amounts of compensation, rates and multiples set forth in Paragraph II shall be subject to renegotiation. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA(W • (01974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D C. 20006 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 of Probable Construction Cost, shall assist the Owner in ARCHITECT'S SERVICES obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. 1.1 BASIC SERVICES CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACTTheArchitect's Basic Services consist of the five phases described below and include normal strut- 1.1.10 The Construction Phase will commence with thetural, mechanical and electrical engineering services award of the Construction Contract and will terminateandanyotherservicesincludedinArticle14aswhenthefinalCertificateforPaymentisissuedtotheBasicServices. Owner. SCHEMATIC DESIGN PHASE 1.1.11 The Architect shall provide Administration of the 1.1.1 The Architect shall review the program furnished Construction Contract as set forth in AIA Documen I by the Owner to ascertain the requirements of the Project A201, General Conditions of the Contract for Construe tion, and the extent of his duties and responsibilities ant'and shall confirm such requirements to the Owner. the limitations of his authority as assigned thereunder I1.1.2 Based on the mutually agreed upon program, the shall not be modified without his written consent.Architect shall prepare Schematic Design Studies consist- 1.1.12 The Architect, as the representative of the Owneringofdrawingsandotherdocumentsillustratingthe scale and relationship of Project components for ap during the Construction Phase, shall advise and consul) proval by the Owner.with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect. The1.1.3 The Architect shall submit to the Owner a State- Architect shall have authority to act on behalf of the ImentofProbableConstructionCostbasedoncurrentOwnertotheextentprovidedintheGeneralConditionsarea, volume or other unit costs. unless otherwise modified in writing. DESIGN DEVELOPMENT PHASE 1.1.13 The Architect shall at all times have access to1.1.4 The Architect shall prepare from the approved the Work wherever it is in preparation or progress.Schematic Design Studies, for approval by the Owner, the 1.1.14 The Architect shall make periodic visits to theDesignDevelopmentDocumentsconsistingofdrawings site to familiarize himself generally with the progress andandotherdocumentstofixanddescribethesizeand character of the entire Project as to structural, mechani- Work of the Work and c determine in general if the cal and electrical systems, materials and such other essen- Documents.e proceeding in accordance with the Contract fiats as may be appropriate. Documents. On the basis of his on site observations as an architect, he shall endeavor to guard the Owner1.1.5 The Architect shall submit to the Owner a further against defects and deficiencies in the Work of the Con-Statement of Probable Construction Cost.tractor. The Architect shall not be required to make CONSTRUCTION DOCUMENTS PHASE exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, tech-1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the niques, sequences or Procedures, or for safety precautionsOwner, Drawings and Specifications setting forth in and programs in connection with the Work, and he shalldetailtherequirementsfortheconstructionoftheentirenotberesponsiblefortheContractor's failure to carry outProjectincludingthenecessarybiddinginformation, and the Work in accordance with the Contract Documents. shall assist in the preparation of bidding forms, the Con- 1.1.15 Based on such observations at the site and onditionsoftheContract, and the form of Agreement the Contractor's Applications for Payment, the ArchitectbetweentheOwnerandtheContractor. shall determine the amount owing to the Contractor and 1.1.7 The Architect shall advise the Owner of any shall issue Certificates for Payment in such amounts. The adjustments to previous Statements of Probable Con- issuance of a Certific,,I for Payment shall constitute a struction Cost indicated by changes in requirements or fepresentation by the Architect to the Owner, based on general market conditions. the Architect's observations at the site as provided in Subparagraph 1.1.14 and the data comprising the Appli-1.1.8 The Architect shall assist the Owner in filing the cation for Payment, that the Work has progressed to therequireddocumentsfortheapprovalofgovernmentalpointindicated; that to the best of the Architect's knowl-authorities having jurisdiction over the Project. edge, information and belief, the quality of the Work is BIDDING OR NEGOTIATION PHASE in accordance with the Contract Documents (subject to r an evaluation of the Work for conformance with the1.1.9 The Architect, following the Owner's approval of Contract Documents upon Substantial Completion, to thetheConstructionDocumentsandofthelatestStatementresultsofanysubsequenttestsrequiredbytheContract AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA® • 51974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C 70006 3 Documents, to minor deviations from the Contract Docu- 1.2.4 Through the on-site observations by Full-Time ments correctable prior to completion, and to any specific Project Representatives of the Work in progress, the Ar- qualifications stated in the Certificate for Payment); and chitect shall endeavor to provide further protection for that the Contractor is entitled to payment in the amount the Owner against defects in the Work, but the furnish- certified. By issuing a Certificate for Payment, the Archi- ing of such project representation shall not make the tect shall not be deemed to represent that he has made Architect responsible for construction means, methods,- any examination to ascertain how and for what purpose techniques, sequences or procedures, or for safety pre- the Contractor has used the moneys paid on account of cautions and programs, or for the Contractor's failure to the Contract Sum. perform the Work in accordance with the Contract 1.1.16 The Architect shall be, in the first instance, the Documents. interpreter of the requirements of the Contract Docu- 1.3 ADDITIONAL SERVICES ments and the impartial judge of the performance there under by both the Owner and Contractor. The Architect The following Services shall he provided when au shall make decisions on all claims of the Owner or Con- thorized in writing by the Owner, and they shall be tractor relating to the execution and progress of the Work paid for by the Owner as hereinbefore provided. and on all other matters or questions related thereto. 1.3.1 Providing analyses of the Owner's needs, and pro- The Architect's decisions in matters relating to artistic gramming the requirements of the Project. effect shall he final if consistent with the intent of the Contract Documents. 1.3.2 Providing financial feasibility or other special studies. 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. 1.3.3 Providing planning surveys, site evaluations, envi- Whenever, in his reasonable opinion, he considers it nec- ronmental studies or comparative studies of prospective essary or advisable to insure the proper implementation sites. of the intent of the Contract Documents, he will have 1.3.4 Providing design services relative to future facili-authority to require special inspection or testing of any ties, systems and equipment which are not intended toWorkinaccordancewiththeprovisionsoftheContractbeconstructedaspartoftheProject.Documents whether or not such Work be then fabricated, installed or completed. 1.3.5 Providing services to investigate existing condi- 1.1.18 The Architect shall review and approve shop lions or facilities or to make measured drawings thereof, drawings, samples, and other submissions of the Contrac- or to verify the accuracy of drawings or other informa tor only for conformance with the design concept of the non furnished by the Owner. Project and for compliance with the information given 1.3.6 Preparifrg-documents--fi&r-alternate-bids-or out-of- in the Contract Documents. sequence services requesteri-iy--tl}e-Ow oT. 1.1.19 The Architect shall prepare Change Orders. 1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material,1.1.20 The Architect shall conduct inspections to de- termine the Dates of Substantial Completion and final equipment and labor. completion, shall receive and review written guarantees }; $--f'rtwic#iflg interior desi-gn--and- other services re- and related documents assembled by the Contractor, and quired for or-i n--connwctiai--with.the.selection of furni- shall issue a final Certificate for Payment.t gs. 1.1.21 The Architect shall not be responsible for the 1.3.9 Providing services for planning tenant or rental acts or omissions of the Contractor, or any Subcontrac- spaces. tors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of 1.3.10 Making revisions in Drawings, Specifications or the Work. other documents when such revisions are inconsistent with written approvals or instructions previously given 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES and are due to causes beyond the control of the Archi- 1.2.1 If more extensive representation at the site than tect. is described under Subparagraphs 1.1.10 through 1.1.21 1.3.11 Preparing supporting data and other services in inclusive is required, and if the Owner and Architect connection with Change Orders if the change in the agree, the Architect shall provide one or more Full-Time Basic Compensation resulting from the adjusted Contract Project Representatives to assist the Architect. Sum is not commensurate with the services required of 1.2.2 Such Full-Time Project Representatives shall be the Architect. selected, employed and directed by the Architect, and the 1.3.12 Making investigations involving detailed apprais- Architect shall be compensated therefor as mutually als and valuations of existing facilities, and surveys or agreed between the Owner and the Architect as set forth inventories required in connection with construction in an exhibit appended to this Agreement. performed by the Owner. 1.2.3 The duties, responsibilities and limitations of au- 1.3.13 Providing consultation concerning replacement thority of such Full-Time Project Representatives shall be of any Work damaged by fire or other cause during con- set forth in an exhibit appended to this Agreement. struction, and furnishing professional services of the type AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIAC • (01974 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGI ON, D.C. 20006 set forth in Paragraph 1.1 as may be required in connec- 2.5 The Owner shall furnish structural, mechanical,tion with the replacement of such Work.chemical and other laboratory tests, inspections and re- 1.3.14 Providing professional services made necessary ports as required by law or the Contract Documents. by the default of the Contractor or by major defects in 2.6 The Owner shall furnish such legal, accounting, andtheWorkoftheContractorintheperformanceoftheinsurancecounselingservicesasmaybenecessaryfortheConstructionContract. Project, and such auditing services as he may require to1.3.15--Preparing--a-setof-repoduc-ible-record-mints-ef ascertain how or for what purposes the Contractor h s drawings showing significant than c .in the-Work made used the moneys paid to him under the Constructionduringtheconstruction- -process based on marked-up Contract. prints, drawings'ind other data furnished by the Contrac- 2.7 The services, information, surveys and reports rc-1 quired by Paragraphs 2.3 through 2.6 inclusive shall be 1'3:16---Pfovit1`I-rag-exten,iv in the-i{}z.-xt furnished at the Owner's expense, and the Architect sha I as_initiat"start up or be entitled to rely upon the accuracy and completenessofanyequipmentorsystemsuch testing, adjusting and balancing, preparation of operation thereof. and maintenanee`tnanuals, training personnel for opera- 2.8 If the Owner becomes aware of any fault or defecttaerrxa7- aintertance, and consalta-tier-da-ring-apefation. in the Project or non-conformance with the Contract 1.3.17 Providing services after issuance to the Owner of Documents, he shall give prompt written notice thereof the final Certificate for Payment. to the Architect. 1.3.18 Preparing to serve or serving as an expert witness 2.9 The Owner shall furnish information required of him in connection with any public hearing, arbitration pro as expeditiously as necessary for the orderly progress of 4 ceeding or legal proceeding. the Work. 1.3.19 Providing services of professional consultants for ARTICLE 3 other than the normal structural, mechanical and electri- CONSTRUCTION COSTcalengineeringservicesfortheProject. 3.1 If the Construction Cost is to be used as the basis t1.3.20 Providing any other services not otherwise in- for determining the Architect's Compensation for BasiceludedinthisAgreementornotcustomarilyfurnishedinServices, it shall be the total cost or estimated cost toaccordancewithgenerallyacceptedarchitecturalpractice. the Owner of all Work designed or specified by the ARTICLE 2 Architect. The Construction Cost shall be determined as follows, with precedence in the order listed:THE OWNER'S RESPONSIBILITIES 3.1.1 For completed construction, the cost of all such2.1 The Owner shall provide full information, including Work, including costs of managing construction; a complete program, regarding his requirements for the Project. 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such2.2 The Owner shall designate, when necessary, a rep- Work, or (2) if the Work is not bid, the bona fide nego-resentative authorized to act in his behalf with respect to tiated proposal submitted for any or all of such Work; ortheProject. The Owner shall examine documents sub- mitted by the Architect and shall render decisions per- 3.1.3 For Work for which no such bid or proposal is taining thereto promptly, to avoid unreasonable delay in received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement oftheprogressoftheArchitect's services. Probable Construction Cost.2.3 The Owner shall furnish a certified land survey ofthesitegiving, as applicable, grades and lines of streets, 3.2 Construction Cost does not include the compensa alleys, pavements and adjoining property; rights-of-way,tion of the Architect and his consultants, the cost of the restrictions, easements, encroachments, zoning, deed re- land, rights-of-way, or other costs which are the responsi strictions, boundaries and contours of the site; locations bility of the Owner as provided in Paragraphs 2.3 through dimensions and complete data 2.6 inclusive.p pertaining to existingbuildings, other improvements and trees; and full infor- 3.3 The cost of labor, materials and equipment furnishedmationconcerningavailableserviceandutilitylinesbothbytheOwnerfortheProjectshallbeincludedinthepublicandprivate, above and below grade, including Construction Cost at current market rates including ainvertsanddepths. reasonable allowance for overhead and profit. 2.4 The Owner shall furnish the services of a soils engi- 3.4 Statements of Probable Construction Cost and De-neer or other consultant when such services are deemed tailed Cost Estimates prepared by the Architect representnecessarybytheArchitect, including reports, test borings, his best judgment as a design professional familiar withtestpits, soil hearing values, percolation tests, air and the construction industry. It is recognized, however, thatwaterpollutiontests, ground corrosion and resistivity neither the Architect nor the Owner has any control overtestsandothernecessaryoperationsfordeterminingsub- the cost of labor, materials or equipment, over the con-soil, air and water conditions, with appropriate profes- tractors' methods of determining bid prices or over com-sional recommendations. petitive bidding or nidrket conditions. Accordingly, the AtA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA@ • ')1974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D C. 20006 5 Architect cannot and does not guarantee that bids will ees, or his professional consultants in the interest of the not vary from any Statement of Probable Construction Project for the expenses listed in the following Subpara-Cost or other cost estimate prepared by him. graphs: 3.5 When a fixed limit of Construction Cost is estab- 5.1.1 Expense of transportation and living when travel- lished as a condition of this Agreement, it shall be in ing in connection with the Project; long distance calls writing signed by the parties and shall include a bidding and telegrams; and fees paid for securing approval of contingency of ten percent unless another amount is authorities having jurisdiction over the Project. agreed upon in writing. When such a fixed limit is estab- lished, the Architect shall be permitted to determine what 5.1.2 Expense of reproductions, postage and-# 1rng materials, equipment, component systems and types of of Drawings and Specifications_excludingffuplicate sets construction are to be included in the Contract Docu- ments, at the completion-cif each Phase for the Owner's review and to make reasonable adjustments in the scope 73‘f of the Project to bring it within the fixed limit. The archi- 3 If authorized in advance by the Owner, expensetectmayalsoincludeintheContractDocumentsalter- of overtime work requiring higher than regular rates and. nate bids to adjust the Construction Cost to the fixed expense of renderings or models for the Owner's use. limit. 54:-4—Expense of Comput-erti-me--for 3.5.1 If the Bidding or Negotiating Phase has not corn- oaheft--inelttded-tn-Paragraph I-I menced within six months after the Architect submits the Construction Documents to the Owner, any fixed limit 5.1.5 Expense of computer time when used in connec- of Construction Cost established as a condition of this tion with Additional Services. Agreement shall be adjusted to reflect any change in the general level of prices which may have occurred in the ARTICLE 6 construction industry for the area in which the Project is PAYMENTS TO THE ARCHITECTlocated. The adjustment shall reflect changes between the date of submission of the Construction Documents 6.1 Payments on account of the Architect's Basic Serv- to the Owner and the date on which proposals are ices shall be made as follows: sought. 6.1:+----Art-initial payment-asset forth in Paragraph TI-is 3.5.2 When a fixed limit of Construction Cost, including the-mi-fnaa ayme+-t-under-t-his-Aweemertt. the Bidding contingency (adjusted as provided in Sub- paragraph 3.5.1, if applicable), is established as a condi- tion of this Agreement and is exceeded by the lowest made monthly in proportion to services performed so bona fide bid or negotiated proposal, the Detailed Esti that the compensation at the completion of each Phase, mate of Construction Cost or the Statement of Probable except when the compensation is on the basis of a Mul- Construction cost, the Owner shall (1) give written ap tiple of Direct Personnel Expense, shall equal the follow proval of an increase in such fixed limit, (2) authorize re- bidding the Project within a reasonable time, or (3) co- Schematic Design Phase 15% operate in revising the Project scope and quality as re- Design Development Phase 35% quired to reduce the Probable Construction Cost. In the Construction Documents Phase 75% case of (3) the Architect, without additional charge, shall Bidding or Negotiation Phase 80% modify the Drawings and Specifications as necessary to Construction Phase 100% bring the Construction Cost within the fixed limit. The providing of such service shall be the limit of the Archi- 6-.1.3 If -the C-entraet Titfite iritttatly tal}fisE ed ttt the tect's responsibility in this regard, and having done so, Construction Contract is exceeded by more than-thirty the Architect shall be entitled to compensation in accord- days through no fault of the Architect,-eon5pensation for ance with this Agreement. Basic Services performed by_pxincipals, employees and professional consultants required to complete the Ad- ARTICLE 4 ministration of--the"-Construction Contract beyond the DIRECT PERSONNEL EXPENSE thirtie b-dayshall he computed as set forth in Para- gcap1 II for Additional Services. Direct Personnel Expense is defined as the salaries of 6.2 Payments for Additional Services of the Architect asprofessional, technical and clerical employees engaged y on the Project by the Architect, and the cost of their defined in Paragraph 1.3, and for Reimbursable Expenses mandatory and customary benefits such as statutory em- as defined in Article 5, shall be made monthly upon ployee benefits, insurance, sick leave, holidays, vacations, Presentation of the Architect', statement of services ren- pensions and similar benefits. tiered. ARTICLE 5 6.3 No deductions sh ill he made from the Architect's compensation on account of penalty, liquidated dam- REIMBURSABLE EXPENSES ages, or other sums withheld from payments to con- 5.1 Reimbursable Expenses are in addition to the Com- tractors. pensation for Basic and Additional Services and include 6.4 If the Project is suspended for more than three actual expenditures made by the Architect, his employ- months or abandoned 'n whole or in part, the Architect MA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT • IANI)ARY 1974 EDITION • AIARO • ©1974 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 c F shall be paid his compensation for services performed the other party to this Agreement and to the partners, prior to receipt of written notice from the Owner of such successors, assigns and legal representatives of such other suspension or abandonment, together with Reimbursable party with respect to all covenants of this Agreement. Expenses then due and all termination expenses as de- Neither the Owner nor the Architect shall assign, sublet fined in Paragraph 8.3 resulting from such suspension or or transfer his interest in this Agreement without th:r abandonment. If the Project is resumed after being sus- written consent of the other. pended for more than three months, the Architect's compensation shall be subject to renegotiation. ARTICLE 116.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty ARBITRATION days after the date of billing. 11.1 All claims, disputes and other matters in question ARTICLE 7 between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall be ARCHITECT'S ACCOUNTING RECORDS decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra-Records of Reimbursable Expenses and expenses pertain- tion Association then obtaining unless the parties mutuallyingtoAdditionalServicesontheProjectandforservicesagreeotherwise. No arbitration, arising out of, or relatingperformedonthebasisofaMultipleofDirectPersonneltothisAgreement, shall include, by consolidation, joinderExpenseshallbekeptonagenerallyrecognizedaccount- or in any other manner, any additional party not a party •ing basis and shall be available to the Owner or his to this Agreement except by written consent containing aauthorizedrepresentativeatmutuallyconvenienttimes. specific reference to this Agreement and signed by all the parties hereto. Any consent to arbitration involving anARTICLE8additionalpartyorpartiesshallnotconstituteconsentto TERMINATION OF AGREEMENT arbitration of any dispute not described therein or with any party not named or described therein. This Agreement 8.1 This Agreement may be terminated by either party to arbitrate and any agreement to arbitrate with an addi- upon seven days' written notice should the other party tional party or parties duly consented to by the parties fail substantially to perform in accordance with its terms hereto shall be specifically enforceable under the pre- through no fault-of the party initiating the termination. vailing arbitration law. 8.2 In the event of termination due to the fault of par- 11.2 Notice of the demand for arbitration shall be filed ties other than the Architect, the Architect shall be paid in writing with the other party to this Agreement and his compensation for services performed to termination with the American Arbitration Association. The demand date, including Reimbursable Expenses then due and all shall be made within a reasonable time after the claim, termination expenses,dispute or other matter in question has arisen. In no event shall the demand for arbitration he made after the8.3 .Termination Expenses are defined as Reimbursable date when institution of legal or equitable proceedingsExpensesdirectlyattributabletotermination, plus an based on such claim, dispute or other matter in question amount computed as a percentage of the total compen- would be barred by the applicable statute of limitations. sation earned to the time of termination, as follows: 20 percent if termination occurs during the Schematic 11.3 The award rendered by the arbitrators shall he fi- Design Phase; or nal, and judgment may he entered upon it in accordance 10 percent if termination occurs during the Design De- with applicable law in any court having jurisdiction velopment Phase; or thereof. 5 -percent if termination occurs during any subse- quent phase. ARTICLE 12 ARTICLE 9 EXTENT OF AGREEMENT OWNERSHIP OF DOCUMENTS This Agreement represents the entire and integrated agreement between the Owner and the Architect andDrawingsandSpecificationsasinstrumentsofserviceare supersedes all prior negotiations, representations orandshallremainthepropertyoftheArchitectwhether agreements, either Wniten or oral. This Agreement maytheProjectforwhichtheyaremadeisexecutedornot. be amended only by written instrument signed by both •They are not to he used by the Owner on other projects Owner and Architect. or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. ARTICLE 13 ARTICLE 10 GOVERNING LAW SUCCESSORS AND ASSIGNS Unless otherwise specified, this Agreement shall be gov- The Owner and the Architect each binds himself, his erned by the law of the principal place of business of the partners, successors, assigns and legal representatives to Architect. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA® • 0197-1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. U. 20000 7 ARTICLE 14 OTHER CONDITIONS OR SERVICES 14. 1 The Architect will provide 25 sets of plans and specificationsforbiddingpurposesunderthisagreement. Owner will be billed for all copies in excess of 25 at the following rate: Ozalid prints of drawings : $1 . 00 per Sheet Specifications : at $0.05 per page 14.2 Fees for Acoustical and Landscape Consultants , if required, will be billed to Owner at Architect ' s cost . 114 . 3 Architect will provide Owner with 1 copy of Sepia reproducible As Built Drawings" on completion of project to reflect changes made in actual construction. iL This Agreement executed the day and year first written above. OWNER ARCHITECT CITY OF WICHITA FALLS , TEXAS ROBERT PARDUE & ASSOCIATES AIA'DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AJAR • ©19748THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 C R 974: Northbrook Insurance Company r r Northbrook Illinois aek Declarations-Architects and Engineers Professional Liability Policy f Renewal of No. __CNA 63.1_1_1 46$_--_-. Policy Number Item 1. Named Insured: ROBERT Bo PARDUE, AIA Item 2. Address: 1901 10th Street, Wichita Falls, Texas 76301 Item 3. Policy Period: From: 23 May 1977 To: 23 May 1978 12:01 A.M.Standard Time at the address of the Named Insured as stated herein Item 4. Named Insured's Professional Activity: Architectural Services Item 5. Limits of Liability and Deductible: The liability of the Company for each claim under this Policy shall not exceed......... ....$2504,0001200 and, subject to that limit for each claim. the total limit of the Curnpany's liability for all claims during the policy period shall not exceed in the aggregate... .. . . .. .... . . ... $ 250,000.00 The limit of liahility afforded under this Policy shall he subject to the neductible amount of$ which shall be applicable to each claim and shall include loss pa{Iri its and adjustment, investigative and legal fees and costs, whether or not loss payment is involved. Item 6. Premium 2i 650.00 Endorsements attached Note: Texas State Tax 3085% $102.03 This insurance contract is with an insurer not licensed to transact insurance in this state and is is sued and delivered as a surplus lines coverage pursuant to the Texas Insurance statutes. Article SHAND, MORAflp &. COMPANY, INC. 1.14-2, Texas Insurance Code, re- quires payment of 3.85% tax on gross premiums.t s tr'" Countersignature Date July 7, 19 77 0, 11. Au o I ' epresentative ALL CLAIMS TO BE REPORTED DIRECTLY TO SHAND. MORAHAN & COMPANY, INC. 801 Davis Street Evanston, Illinois 60201 312) 866-9010 Pi'V-2 PRINT-Fr) I^I Ii.s A NDORSEMI3NT NO. A Insurance afforded by this policy was transacted through offices of FloydWest & Company, P. O. Box 2639, Dallas, Texas. Any correspondence relatingtothisinsuranceshouldbedirectedthroughthisoffice. Other items and conditions remaining unchanged. Attached to and forming part of No. 63 11 14 68 of Underwriters hereon. EFFECTIVE May 23, 1977 I qy-y Robert B. Pardue, AIA F i/ &G /J G 1/BY 525SR V Northbrook T? Insurance Company Northbrook, Illinois Endorsement Named Insured: ROBERT B. PARDUJ , AIA Policy No.: 63 11.1. 468 Endorsement No.: 1 PRIOR ACTS ENDORSEMENT In consideration of an additional premium of 5572.00 it is hereby understood and agreed that prior acts coverage is given regardless of a previous gap in coverage from March 5, 1977 to May 2.3, 1977. Note: Texas State Tax 3. 5"/, Y27.O2 This endorsement to take effect on the 23rd day of Nay 19 77 AL other terms and conditions remain unchanged. SHAiND, i'lORi;IIAi'I <(-77NPAi Y, INC Countersigned: Autlorized R resentative RU7 PRINTED IN U.S.A.