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Min 01/03/1978533 Wichita Falls , Texas Memorial Auditorium Building January 3, 1978 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. Jerry F. Mathis Mayor Fred E. Bassett Carol Russell Ray Ashbrook Aldermen W. E. Ryle Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Hardy McAlister Absent The invocation was given by Alderman Ryle. Item 3 Mayor Mathis requested that the last item in the minutes of the meeting held December 20, 1977, be corrected to change the reference from the General Motors sewer plant to the North Side sewer plant. Moved by Alderman Ashbrook that minutes of the meeting held December 20, 1977, be approved as corrected. Motion seconded by Alderwoman Russell , and carried unanimously. Item 4a The public hearing was opened on an ordinance granting a franchise to Southwestern Bell Telephone Company for five years with two five-year renewals. Joe Ewen appeared as District Manager of Southwestern Bell in Wichita Falls. He is opposed to paying three percent of the gross receipts to the City instead of the two percent previously paid. He again mentioned several steps which they have taken in the past six to eight months to save money. He requested that the two percent level be maintained. He stated that the three percent recommended by the City Manager has not been cost justified. Had the Council or City Manager been able to show that expenses had been accrued in excess of the amount paid he would be willing to do something about it, but since they have not been able to do so it seems that the raise from two to three percent is an arbitrary rate. Alderwoman McCullough inquired if there are other cities in Texas who pay in excess of two percent, and Mr. Ewen stated that several cities pay more, and that Dallas, Ft. Worth, Houston , and Austin pay four percent. They have recently agreed to two percent in Vernon. Two percent is standard, which they will end up with in all cities when the franchises are renewed. Mr. Ewen inquired why the gross receipts was being applied retroactive to January 1 , 1977? The City Manager stated that the previous Ordinance No. 2138 became retroactive to January 1 of that particular year, and this ordinance will make it consistent with the previous ordinance passed. The public hearing was closed. v/ORDINANCE NO. 3268 AN ORDINANCE WHEREBY THE CITY OF WICHITA FALLS, TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES , ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED: 534 Item 4a, cont'd. Moved by Alderman Ryle that Ordinance No. 3268 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Item 5a A proposed ordinance was presented amending certain sections of the Code of Ordinances regulating dance halls. v/ORDINANCE NO. 3277 ORDINANCE AMENDING SEC. 25-15 OF THE CODE OF ORDINANCES PROVIDING THAT THE CITY CLERK SHALL BE RESPONSIBLE FOR THE ISSUANCE OF DANCE HALL LICENSES; AND AMENDING SEC. 25-16 CORRECTING AN ERROR IN THE MINIMUM FEE TO BE CHARGED FOR AN ANNUAL DANCE HALL LICENSE. Moved by Alderman Ashbrook that Ordinance No. 3277 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 5b A proposed ordinance was presented amending Ordinance No. 3238 by revising the contract amounts. ORDINANCE NO. 3278 ORDINANCE AMENDING ORDINANCE NO. 3238, WHICH APPROVED AND ADOPTED ESTIMATES AND AWARDED CONTRACT FOR CONSTRUCTION OF VARIOUS STREETS DESIGNATED AS THE 1977 ASSESSMENT PAVING PROGRAM AND PHASE I OF THE 1977 RECONSTRUCTION PAVING PROGRAM, TO CORRECT THE AMOUNT OF THE CONTRACTS AWARDED, AND RATIFYING TWO CONTRACTS. Moved by Alderman Ashbrook that Ordinance No. 3278 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 5c A proposed ordinance was presented amending the Code of Ordinances, regulating wreckers. ORDINANCE NO. 3279 ORDINANCE AMENDING SEC. 29-259(b) (1 ) PROVIDING THAT THE MINIMUM CAPACITY OF A WRECKER TO BE CERTIFIED SHALL BE NOT LESS THAN TWO (2) TONS; AND PROVIDING FOR AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3279 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Item 6a A proposed resolution was presented approving appraisals and authorizing purchase of property on Kell Freeway. 535 Item 6a, cont'd. zai r RESOLUTION NO. 2062 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 5727 sq. ft. of Lots 1 , 6, 7 & 10, Blk. 7 , I . Jalonick Addition. W.55 ft of Lots 19 & 20, Block 19, I . Jalonick Addition. 2935 sq. ft. of Lots 11 & 12, Blk. 3, Sibley Taylor Addition. Lot 6, Block 5, I . Jalonick Addition. 39 sq. ft. of Lot 8, Block 2, I . Jalonick Addition. 1270 sq. ft. of Lot 8, Block 2, I . Jalonick Addition. 18,927 sq. ft. of Lots 1 ,2,3, Block 2, I . Jalonick Addition. Combined total of values approved in this resolution 136,200. 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 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 Alderwoman Russell that Resolution No. 2062 be passed. Motion seconded by Alderwoman McCullough. Alderman Bassett noted some differences in the tax valuation and appraised value of two of the properties, asking if we are bound by these appraisals. The City Manager explained that the type of appraisals by the highway department are not necessarily those made by the Tax Department. He does not feel that we would come up with anything much different as two appraisals were made on it. The City Attorney pointed out that our tax appraisers cannot make as detailed appraisal of these properties as a special appraiser hired for one particular piece of property. The motion was carried by the following vote: Ayes : Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None 536 v Item 6b A proposed resolution was presented authorizing execution of sublease agreement f with Federal Aviation Administration for a building to be used by maintenance personnel for repair of heating and airconditioning units. RESOLUTION NO. 2063 RESOLUTION APPROVING SUBLEASE AGREEMENT WITH UNITED STATES OF AMERICA FAA) AND AUTHORIZING CITY MANAGER TO EXECUTE SAME FOR 40 FEET BY 50 FEET AREA AT MUNICIPAL AIRPORT FOR CONSTRUCTION OF AN ENVIRONMENTAL SUPPORT SHOP. WHEREAS, the Federal Aviation Administration (FAA) desires to sublease a 40 feet by 50 feet area at Wichita Falls Municipal Airport for construction of a 12 feet by 20 feet wood building to be used as an environmental support shop and a paved parking area for two vehicles; and, WHEREAS, the City of Wichita Falls deems it to be mutually beneficial and advisable to enter into a sublease agreement with the United States of America (FAA) for the purpose of allowing the construction and maintenance of an environmental support shop at Wichita Falls Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The certain sublease agreement between the City of Wichita Falls and the United States of America (FAA) for an environmental support shop site at Wichita Falls Municipal Airport, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Bassett that Resolution No. 2063 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Item 6c Proposed resolutions were presented modifying rates for various water purchase contracts. si RESOLUTION NO. 2064 RESOLUTION APPROVING FIRST AMENDMENT TO RAW WATER PURCHASE CONTRACT WITH THE BRIDWELL OIL COMPANY FOR WATER FROM LAKE ARROWHEAD FOR OIL LEASE WATERFLOOD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Raw Water Purchase Contract, a copy of which is attached hereto, which amends that certain raw water purchase contract dated November 21 , 1967 between the City of Wichita Falls and the Bridwell Oil Company, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 2064 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Alderman Ryle noted that this rate has not been changed for ten years. RESOLUTION NO. 2065 RESOLUTION APPROVING FIRST AMENDMENT TO RAW WATER PURCHASE AGREEMENT BETWEEN CITY OF WICHITA FALLS AND NORTH CENTRAL OIL COMPANY FOR WATER FROM LAKE ARROWHEAD FOR OIL LEASE WATERFLOOD. 537 Item 6c, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The First Amendment of Raw Water Purchase Contract between the City of Wichita Falls and the North Central Oil Company, which Raw Water Purchase Contract is dated April 20, 1971 , which amends said contract to increase the commodity water rate from fifteen cents per 1 ,000 gallons to eighteen cents per 1 ,000 gallons beginning January 1 , 1978, 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. 2065 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None RESOLUTION NO. 2066 RESOLUTION APPROVING FIRST AMENDMENT TO RAW WATER PURCHASE CONTRACT WITH SANFORD P. FAGADAU FOR WATER FROM LAKE ARROWHEAD FOR OIL LEASE WATERFLOOD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Raw Water Purchase Contract, a copy of which is attached hereto, which amends that certain raw water purchase contract dated February 3, 1976 between the City of Wichita Falls and Sanford P. Fagadau , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Bassett that Resolution No. 2066 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None RESOLUTION NO. 2067 RESOLUTION APPROVING THIRD AMENDMENT TO RAW WATER PURCHASE CONTRACT WITH ARROWHEAD DEVELOPMENT, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Third Amendment to Water Purchase contract, a copy of which is attached hereto, which amends that certain water purchase contract dated March 5, 1971 between the City of Wichita Falls and Arrowhead Development, Inc. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ryle that Resolution No. 2067 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None RESOLUTION NO. 2068 RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE CONTRACT WITH THE TOWN OF PLEASANT VALLEY, TEXAS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Second Amendment to Water Purchase Contract, a copy of which is attached hereto, which amends that certain water purchase contract dated April 9 , 1968 between the City of Wichita Falls and the Town of Pleasant Valley, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 2068 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: 538 Item 6c, cont'd. Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None RESOLUTION NO. 2069 RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN CITY OF WICHITA FALLS AND ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment of Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Archer County Municipal Utility District No. 1 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ryle that Resolution No. 2069 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None RESOLUTION NO. 2070 RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT WITH DEAN DALE WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Water Purchase Contract, a copy of which is attached hereto, which amends that certain water purchase contract dated March 2, 1977 between the City of Wichita Falls and the Dean Dale Water Supply Corporation, is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 2070 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None RESOLUTION NO. 2071 RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF BURKBURNETT, TEXAS. BE IT RESOLVE[) BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Second Amendment to Water Purchase Contract, a copy of which is attached hereto, which amends that certain water purchase contract dated March 19, 1973 between the City of Wichita Falls and the City of Burkburnett, is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderwoman Russell that Resolution No. 2071 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None RESOLUTION NO. 2072 RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF IOWA PARK, TEXAS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Second Amendment to Water Purchase Contract, a copy of which is attached hereto, which amends that certain water purchase contract dated January 10, 1972 between the City of Wichita Falls and the City of Iowa Park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 539 Item 6c, cont'd. Moved by Alderwoman McCullough that Resolution No. 2072 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None RESOLUTION NO. 2073 RESOLUTION AUTHORIZING CONTRACT WATER RATES FOR SALE OF WATER TO MIDWESTERN STATE UNIVERSITY AND WICHITA FALLS STATE HOSPITAL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The following contract rates are hereby authorized to be charged for water sold by the City to Midwestern State University and Wichita Falls State Hospital : The first 800 cubic feet of water at 57¢ per hundred The next 6,000 cubic feet of water at 43¢ per hundred The next 60,000 cubic feet of water at 38¢ per hundred The next 66,800 cubic feet of water at 33¢ per hundred In excess of 133,600 cubic feet of water at 28¢ per hundred These rates shall become effective January 1st, 1978. Moved by Alderman Ashbrook that Resolution No. 2073 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 6d A proposed resolution was presented authorizing the City Manager to renew the contract with Industrial Foundation of the South for one year beginning February 1 , 1978, at a cost of $1 ,800 per year. Upon her inquiry, Mark Wilson explained to Alderwoman McCullough the change in his job title. RESOLUTION NO. 2074 RESOLUTION APPROVING CONTRACT WITH INDUSTRIAL FOUNDATION OF THE SOUTH CONCERNING FURNISHING OF WORKER'S COMPENSATION CLAIMS INFORMATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Industrial Foundation of the South, providing for the furnishing of worker's compensation claims information, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Bassett that Resolution No. 2074 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None vltem 7a Bids were considered on a nine wheel pneumatic roller for the Street Department. Ernest Lillard explained that Conley-Lott-Nichols Machinery Company submitted the low bid; however, their machine did not meet the minimum forward speed required in the specifications. He stated that they would have been just as well off if they had left the speed out. Alderman Bassett expressed concern with the policy on bidding procedures and meeting the specifications. Moved by Alderman Ryle that the low bid meeting specifications be awarded to Shovel Supply Company in the amount of $16,821 . 540 Item 7a, cont'd. Motion seconded by Alderman Bassett. Philip Williams appeared for Conley-Lott-Nichols, stating that the machine does not operate at the speed requested in the specifications. It has an ungoverned speed of 32 mph. It was noted that the minimum specifications called for a speed of 0-22 mph, and Shovel Supply Company met this specification. Conley-Lott-Nichols ' bid indicated a speed of 0-15 mph. The motion was carried unanimously. Item 7b Bids were considered on an excavating grading machine. It was recommended that r =4 the low bid be awarded to Hi-Way Machinery Company in the amount of $74,915. Moved by Alderman Bassett that the low bid be awarded as recommended. Motion seconded by Alderwoman Russell , and carried unanimously. Item 7c & d Bids were considered on a self-loading scraper and a landfill compactor to be used at the sanitary landfill . Ernest Lillard made a presentation on the reasons for certain specifications. Requirements by the Texas Department of Health make the availability of machinery critical for the proper operation of the disposal facility. A guaranteed repurchase provision was written into the specifications , along with a replacement machine provision, and the cost of owning and operating. After considering all factors , it was determined that the lowest and best bid for the self-loading scraper was submitted by Darr Equipment Company in the amount of $57,959. The lowest and best bid for the landfill compactor was also submitted by Darr Equipment Company in the amount of $58,425. Moved by Alderman Bassett that the bid for the self-loading scraper be awarded to Darr Equipment Company in the amount of $57,959. V Motion seconded by Alderwoman McCullough, and carried unanimously. Moved by Alderman Bassett that the bid for the landfill compactor be awarded to Darr Equipment Company in the amount of $58,425. Motion seconded by Alderman Ashbrook, and carried unanimously. Alderman Bassett commended Ernest Lillard for this method of equipment purchase. v( I tem 8a V A proposed resolution was presented approving Change Orders No. 1 and No. 2 r ,. . on construction of the Eastside Neighborhood Service Center. RESOLUTION NO. 2075 RESOLUTION APPROVING CHANGE ORDERS NO. 1 AND NO. 2 CONCERNING THE CONSTRUCTION OF THE EASTSIDE NEIGHBORHOOD SERVICE CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Change Order No. 1 , a copy of which is attached hereto, between the City of Wichita Falls and Meyers Bros. , Inc. , amending the contract for construction of the Eastside Neighborhood Service Center to add fringe benefits omitted from the original contract, and Change Order No. 2, a copy of which is attached hereto, to provide for a concrete curb under the chain link fence, are hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 541 Item 8a, cont'd. Moved by Alderman Bassett that Resolution No. 2075 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Aldermen Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None Item 9a Permission was requested to advertise for bids for an estimated annual supply of vector control chemicals, as follows. a. Malathion Concentrate 91% 1000-2000 gallons b. Dursban M 200-400 gallons c. Dursban 10CR 250-2000 pounds d. Malathion 57% emulsifiable liquid 54-216 gallons Moved by Alderwoman McCullough that authority be granted to advertise for bids , as requested. Motion seconded by Alderwoman Russell , and carried unanimously. Item 9b err ' , Permission was requested to advertise for bids for linen service for various city departments. Moved by Alderman Bassett that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. j Item 10 Moved by Alderman Bassett that minutes of the meetings of the following boards and commissions be received. a. Planning Board - December 14, 1977 b. Mayor's Commission on Status of Women - December 1 , 1977 Motion seconded by Alderman Ashbrook, and carried unanimously. Item lla Moved by Alderwoman McCullough that a public hearing on demolition of hazardous structures be held on February 7, 1978. Motion seconded by Alderwoman Russell , and carried unanimously. Item llb Moved by Alderwoman McCullough that Vernodene Huckaby be appointed to the Mayor's Commission on the Status of Women for a term to expire April 1 , 1979. to replace Dr. Mary Ross, who resigned. ) Motion seconded by Alderman Ryle, and carried unanimously. Item llc Alderwoman Russell inquired into the status of her request for potential use of Kell parkway. Bill Hursh stated they had not heard anything from the Texas Highway Department. r Alderwoman Russell also mentioned the request for funding from the Aviation Advisory Board. She would like the Council to make some response to the Board, and requested that the City Manager respond to this matter. 542 Alderman Ryle noted that the federal government requires charcoal filters on r- water purification plant, and wondered about the cost to the city. Joe Smith explained that EPA is investigating all cities above 75,000 population. Alderman Ashbrook complimented Mayor Mathis on the way he handled the meeting v' today, which resulted in a much shorter session. Mayor Mathis reminded the Council of the work session at 10:00 o'clock Thursday morning on the north side sewer plant. Mayor Mathis appointed a committee of Alderman Ashbrook, Chairman, and Alderwoman McCullough to work with the City Manager and meet with the county commissioners of Archer and Clay Counties, if they are desirous of doing so, to discuss fire protection. The Board of Aldermen adjourned at 10:10 A.M. PASSED AND APPROVED this /74 day of o 1978. ATTEST: AYOR CITY CLERK y C 1 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION S CII: L rT OZ ICE 16C9 max •t: T:i, 761C1 No.: Y,^° r Ar<SZLeaseIgo.. _<:,,.-_i7 -10-04 Environmental Support LEASE Chop Site LEASE 37_crti to Falls Municipal Airport Wichita Falls, Teas between CITY OF WICIIITA FALLS, TEXAS and THE UNITED STATES OF AMERICA z` c`ticfThisLEASE,made and entered into this day of in the year one thousand nine hundred and seventy cu`t (i77) /97/ by and between CITY OF W1CDITA FALLS, TEXAS whose address is Municipal Airport Route 4, L i1: 72-L lehita Falls, Tc as 1`a for it s cal , its f tiefiNek' vt,t/ tm}i strA/cfrt,successors,and assigns,hereinafter called the Lessor and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNESSETH:The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning C:;ctober 1, 1077 and ending September 30, 19 J 3 the Lessor hereby leases to plot the following described rpro p ert ya,service called the premises,viz: A. 40 by 50 foot p/loL of load southeast of the sea.Vice road oit the. southwest side of the fuel ar a on Wichita Falls seu nicipal Airport for a w`odct building ap1;r«.oNim .oly 12 by 20 feet to be used as sri i-r'onment z1 support shop and a purled 'l .r7e.in area for Imo vehicles, as more particularly ;:ha a of sketch marked .E°.iuLF:,IIT 1'A" Yattachedhereto and made a part hereof. FAA FORM 4423-2 Pg. 1 (8-76) Supersedes Previous Edition f •• 1. Lease No.: icT-a'A7$SW-1004 Env. Support Shop Site Wichita Falls, Texas a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power,communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor,and unless herein described by metes and bounds,to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading,conditioning,and installing drainage facilities,and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs,in or upon the premises hereby leased, which alterations,fixtures,additions,structures or signs so placed in or upon,or attached to the said premises shall be and remain the property of the Government,and may be removed upon the date of expi- ration or termination of this lease, or within ninety (90) days thereafter,by or on behalf of the Government,or its grantees,or purchasers of said alterations,fixtures,additions,structures,or signs. 2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires;PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the :„.7,3 day of fepter19 37 ;AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. 3. The Government shall pay the Lessor rental for the premises in the amount of no monetary considera- tion in the form of rental, it bcin3 mutually creed that the rights e:=-:tended to the Government herein are in consideration of the obli3ations assumed by the Government in its establishment, operation, and maintenance of facilities upon foyl ii r '/sit/ y /i' t lf/f1 'PX Aryt/ the premises hereby leased. rPPf11,nfwf IidPyIt7 prfrrNl' .itp/1nyiplg g b7P p /af titlitl ti 101i )! jv, Pil e ? frPrinr/ °ufel 4. The Government may terminate this lease,in whole or in part,at any time by giving at least t:,a;Lt T (30) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. 5. The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor by written notice at least rci tet n days before the date of expiration or termination requests restoration of the premises,the Government at itsninety within ninety(90)days after such expiration or termination, or within such additional time as may be mutually agreed upon, either (1) restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under FAA FORM 4423-2 Pg.2 (8-76)Supersedes Previous Edition Lease No.: r –F278S—1004 Eay. support Shop Site i'.Lthi . . falls, as this lease or any preceding Iease (changes to the premises in accordance with paragraph I.(a), 1.(b) and 1.(c)above, ordinary wear and tear, damage by nature elements and by circumstances over which the Government has no control, excepted) or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored,whichever is less. Should a mutually acceptable settlement be made hereunder,the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Clause 6 of this lease. 6. (a) Except as otherwise provided in this Lease, any dispute concerning a question of fact arising under the Lease which is not disposed of by agreement shall be decided by the Contracting Officer who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Lessor mails or otherwise furnishes to the Contracting Officer a writ,en appeal addressed to the Secretary, Department of Transportation. The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so grossly erroneous as necessarily to imply bad faith,or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Lessor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder,the Lessor shall proceed diligently with the performance of the Lease and in accordance with the Contracting Officer's F decision. P b) This clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a)above;PROVIDED, That nothing in the Lease shall be construed as making final the decision of any administrative official,representative,or board on a question of law. 7. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee,except bona r' fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other considera- tion,the full amount of such commission,brokerage, percentage, or contingent fee. 9. All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: city of 'Wichita Fulls, Tc:•:.a ir?ort:, Route 4, LOX 72-L, Wichita 1'ai o, Texan, 76307 To the Government: /A,opartment t 'r .` ,° t Aeiou,G F his ral Aviation LcLanistration, P. 0. Box 16$9, Fort Worth, Texas, 76101 FAA FORM 4423-2 Pg. 3 (8-76)Supersedes Previous Edition Lease No.: DOT-1A73SW-1(04 Env. support Shop Site Wichita Falls, Texas 10. This lease is subject to the addition provisions set forth below,or attached hereto and incorporated herein. These additional provisions are identified as follows: 11. The words "heirs, executors, administrators" were deleted from the preamble. The words ;,for the term set forth in Article 1 above, and" and "per for each annctal renewal exercised by the Government hereafter. Payments shall be made in arrears at the end of each _ without the submission of invoices or vouchers.' were deleted. This :srticle 11 was added hereto prior to execution by either party hereto. k kk pt IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage,dated i.iIT 0'i ICIII A p ALI S, recorded in Liber O , 6 J Lessor) pages 1 against the above-described premises,the undersigned Title; C 7(e.- hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is Lessor) foreclosed,the foreclosure shall not void the lease. Lessor) Lessor) Mortgagee) THE UNITED STATES OF AMERICA 21.17, 11-11'1G Title; o tr.'ct_ ntr C iioc FAA FORM 4423-2 Pg.4(8-76)Supersedes Previous Edition 13aoe 7:.C12-7A7.3 00 4 rcallizznt Shop Site; Ai :- r1 Tc:ca.:a 7;7/that I oz. the EiZV.g -of the Cot.porbtion I.. aor ii t± LaChCra sgrearr.ca.t; f that 72 sicaed. said crec oa 37 of the Lcsr, vas thca. said corporatioa; and that said a-,.re!;.-3. nt duly aind for as.a.). in 13 .:ilf said corportion by authority c ita & ;:-zaLi-G body, sad i 2ithin che scope of ita Dated this ( day of: CUR UT t-7,11i1.1 V: FIRST AMENDMENT TO RAW WATER PURCHASE CONTRACT WHEREAS, under date of November 21, 1967, the City of Wichita Falls and the Bridwell Oil Company entered into a raw water purchase contract, by which Wichita Falls sold raw water to Bridwell Oil Company for a commodity rate of five cents per 1, 000 gallons, which rates are subject to modification as the water rates within the city of Wichita Falls are changed; and, WHEREAS, there has been a change in water rates within the City of Wichita Falls, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Said contract dated November 21, 1967 is hereby amended so that the commodity rate shall be eighteen cents per 1, 000 gallons of water; the maximum amount to be sold under this contract shall remain unchanged; and such water shall be pumped from the lake at no cost to the City. 2. The effective date of this amendment shall be January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: E i 00../// City May ger ATTEST: 41-2,--2-7/ .--,-/ •(..---,7(ri7r,,e -_,.2.----2 ity Clerk BRIDWELL OIL COMPANY BY: FIRST AMENDMENT TO RAW WATER PURCI-IASE CONTRACT WHEREAS, under date of April 20, 1971, the City of Wichita Falls and the North Central Oil Company entered into a raw water purchase contract, by which Wichita Falls sold water to North Central Oil Company for a commodity rate of fifteen cents per 1, 000 gallons, which rates are subject to modification whenever such rates within the City of Wichita Falls are changed; and, WHEREAS, there has been an increase in the water rates within the City of Wichita Falls, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Said contract dated April 20, 1971 is hereby amended so that the commodity rate shall be eighteen cents per 1, 000 gallons of water; and such water shall be pumped from the lake at no cost to the City. 2. The effective date of this amendment shall be January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: g litter/4) City Man ger ATTEST: City Clerk NORTH CENTRAL OIL COMPANY BY: FIRST AMENDMENT TO RAW WATER PURCHASE CONTRACT WHEREAS, under date of February 3, 1976, the City of Wichita Falls and Sanford P. Fagadau entered into a raw water purchase contract, by which Wichita Falls sold water to Sanford P. Fagadau for a commodity rate of fifteen cents per 1,000 gallons, which rates are subject to modification at such times as the water rates within the city of Wichita Falls are changed; and, WHEREAS, there has been a change in the water rates within the city of Wichita Falls, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Said contract dated February 3, 1976 is hereby amended so that the commodity rate shall be eighteen cents per 1, 000 gallons, and such water shall be pumped from the lake by Fagadau at no cost to the City. 2. The effective date of this amendment shall be January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS CAZA„orxiC.altiOe?"43 BY: City Ma 9'ger ATTEST: City Clerk Sanford P, Fagadau THIRD AMENDMENT TO RAW WATER PURCHASE CONTRACT WHEREAS, under date of March 5, 1971, the City of Wichita Falls and Arrowhead Development, Inc. entered into a raw water purchase contract, by which Wichita Falls sold raw water to Arrowhead Development, Inc. for a commodity rate as set forth in Section 2. 0 of said contract, which rates are subject to modification at anytime the established raw water rates charged by the City are modified; and, WHEREAS, there has been a modification of the established raw water rates charged by the City, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The first sentence of Section 2. 0 of said contract dated March 5, 1971 is hereby amended in accordance with the following schedule of rates: First 6,000 gallons per month $2. 40. Next 94, 000 gallons per month at 24 per 1, 000 gallons. All over 100, 000 gallons per month 14 per 1, 000 gallons." 2. The effective date of this amendment shall be January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: f, City Mana t.r ATTEST: A1./?7,/1 ,i 1 zi_ity Clerk ARROWHEAD DEVELOPMENT, INC. BY: President ATTEST: Secretary f J. SECOND AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of April 9, 1968, the City of Wichita Falls and the Town of Pleasant Valley entered into a water purchase contract, by which Wichita Falls sold water to Pleasant Valley for a commodity rate of thirty-five cents per 100 cubic feet for the first 66, 800 cubic feet, and all water over 66, 800 cubic feet at thirty cents per 100 cubic feet, with a minimum rate of $200. 00 per month, which rates are subject to modification at the end of every five year period; and, WHEREAS, there has been an increase in the costs of performance of the contract, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section B. 1. of said contract dated April 9, 1968 is hereby amended in accordance with the following rates: The first 66, 800 cubic feet at forty-five cents per 100 cubic feet. All water over 66, 800 cubic feet shall be paid for at forty cents per 100 cubic feet. Minimum rate of $200. 00 per month will remain unchanged. " 2. The first sentence of Section C. 3. of said contract dated April 9, 1968 is hereby amended to read as follows: This water rate commodity is subject to modification every two year period, or when the domestic water rate for Wichita Falls customers is changed, whichever occurs sooner." 3. The effective date of this amendment shall be April 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: • City Manager ATTEST: V(' Ic."7-7((.,,12W,72---- City Clerk TOWN OF PLEASANT VALLEY, TEXAS ATTEST: BY: MAYOR City Secretary FIRST AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of August 21, 1973, the City of Wichita Falls and the Archer County Municipal Utility District No. 1 entered into a water purchase contract, by which Wichita Falls sold water to Archer County Municipal Utility District No. 1 for a commodity rate or minimum rate as stated in Section 2. 0, which rates are subject to modification at the end of every five year period; and, WHEREAS, there has been an increase in the costs of performance of the contract, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated August 21, 1973 is hereby amended to read as follows: The cost of water purchased by District shall be based in accordance with the following schedule of rates: The first 66, 800 cubic feet at 45 cents per 100 cubic feet. All water over 66, 800 cubic feet shall be paid for at 40 cents per 100 cubic feet. Minimum rate will be $200. 00 per month. This water rate is subject to modification every two years, or when the domestic water rate for Wichita Falls' customers is changed, which every occurs sooner." 2. The effective date of this amendment shall be September 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: 0\62,1/4.4.0 City Manager ATTEST: City Clerk ARCHER COUNTY MUNICIPAL WATER ATTEST: DISTRICT NO. 1 BY: Secretary President FIRST AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 2, 1977, the City of Wichita Falls and Dean Dale Water Supply Corporation entered into a water purchase contract, by which Wichita Falls sold water to Dean Dale Water Supply Corporation for a commodity rate or minimum rate as stated in Section 2. 0, which rates are subject to modification at the end of every two year period; or when the domestic water rate for Wichita Falls customers is changed, whichever occurs sooner; and, WHEREAS, there has been an increase in the domestic water rate for Wichita Falls' customers, and the parties desire to amend such contract. NOW THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated March 2, 1977, is hereby amended to read as follows: The cost of water purchased by Corporation shall be based in accordance with the following schedule of rates: The first 66, 800 cubic feet at forty-five cents per 100 cubic feet. All water over 66, 800 cubic feet shall be paid for at forty cents per 100 cubic feet. Minimum rate will be $200. 00 per month. " 2. The effective date of this amendment shall be January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: City hnager ATTEST: j/:(_,Zy City Clerk DEAN DALE WATER SUPPLY CORPORATION BY: President ATTEST: Secretary SECOND AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 19, 1973, the City of Wichita Falls and the City of Burkburnett entered into a water purchase contract, by which Wichita Falls sold water to Burkburnett for a commodity rate of sixteen cents per 100 cubic feet, plus a demand rate, which rates are subject to modification at the end of every five year period; and, WHEREAS, there has been an increase in the costs of performance of the contract, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated March 19, 1973 is hereby amended so that the commodity rate shall be nineteen and one-half cents per 100 cubic feet of water; the demand rate shall remain unchanged. 2. The fifth sentence from the end of Section 2. 0 of said contract dated March 19, 1973 is hereby amended to read as follows: The commodity and demand rates are subject to modification every two year period, or when the domestic water rate for Wichita Falls customers is changed, whichever occurs sooner." 3. The effective date of this amendment shall be April 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: 062•A`aWj?AV T City Manar ATTEST: City Clerk CITY OF BURKBURNETT, TEXAS BY: MAYOR ATTEST: City Secretary f SECOND AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, the City of Wichita Falls and the City of Iowa Park executed a Water Purchase Contract as of the 10th day of January, 1972, which contract was amended by instrument dated March 1st, 1977; and, WHEREAS, the domestic water rate for Wichita Falls customers has changed, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated January 10, 1972, and amended on March 1, 1977, is hereby further amended so that the commodity rate shall be nineteen and one-half cents per 100 cubic feet of water; the demand rate shall remain unchanged. 2. Except as amended herein and by the instrument dated March 1, 1977, such contract of January 10, 1972 shall remain in full force and effect. 3. The effective date of this amendment shall be January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: City Man._er ATTEST: kj---L-69,-zt• City Clerk CITY OF IOWA PARK, TEXAS BY: MAYOR ATTEST: City Secretary I THE STATE OF TEXAS COUNTY OF WICHITA WHEREAS, the City Council of the City of Wichita Falls, Texas authorized establishment of a self-administered, self-insured plan to meet its statutory responsibility under the Worker' s Compensation Act; and, WHEREAS, the City of Wichita Falls desires to reduce the cost of its self-insurance plan by screening its employee applicants through the use of essential information concerning worker's compensation claims and lawsuits involving the employee applicants; and, WHEREAS, the Industrial Foundation of the South, a non-profit organization, keeps current records of worker's compensation claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi , New Mexico, and Oklahoma, and in Federal Courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri ; and, WHEREAS, these current records cover more than 400,000 persons and are continuing to grow in coverage at a rate of 4,000 to 5,000 records per month; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Wichita Falls , acting herein by and through its duly authorized City Manager, Gerald G. Fox, hereinafter called "City," and Industrial Foundation of the South, a non-profit organization with its general office located at P.O. Box 1457, Gretna, Louisiana 70053, acting herein by and through its duly authorized President, H. J. Robinson, hereinafter called "I .F.S. ," in consideration of the terms, mutual covenants and conditions herein contained, do hereby agree as follows: I. That for and in consideration of the sum of Eighteen Hundred Dollars ($1 ,800.00) to be paid to I .F.S. on or before the effective date of this contract, I .F.S. covenants and agrees: A. That it shall faithfully maintain accurate records of worker's compensation claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi , New Mexico, and Oklahoma, and in the federal courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri , and covering at least 400,000 persons; B. That I.F.S. shall furnish to City from such records of employee termination reports and employee injury reports pertaining to each person who is a City employee on the effective date of this contract; C. That I .F.S. shall furnish to City from such records, at City's inquiry, employee termination reports and employee injury reports pertaining to each person who is an applicant for City employment during the term of this agreement. It is understood and agreed that if the number of inquiries pertaining to applicants for City employment exceeds six hundred (600) in total number, City shall pay to I .F.S. the amount of Three Dollars ($3.00) for each additional inquiry. D. That the employee termination reports furnished to City shall include, but not be limited to the following information : 1 . Employee's name; 2. Employee's social security number (if possible) ; 3. Date of employment; 4. Date of termination; 5. Nature and date of employee's injuries (if any) ; and 6. Whether employer would or would not rehire the employee if available) ; E. That the employee injury reports furnished to City shall include, but not be limited to the following information: 1 . Plaintiff's name; 2. Plaintiff's social security number (if possible) ; 3. Insurance carrier or employer; 4. Injury or disability alleged or sustained; 2- 5. Plaintiff's and defendant's attorneys; 6. Filing date of case; 7. Case number; 8. County or parish wherein case was filed; and 9. Disposition or settlement of the case (if available) ; F. That it is estimated that the number of persons covered by I .F.S. records will increase at a rate of 4,000 to 5,000 per month during the term of this agreement; and that as such coverage increases, additional information received by I.F.S. concerning City employees and applicants for City employment shall be made available upon request to City; G. That at its sole expense, I .F.S. shall furnish to City a WATS telephone line which will enable City to call I .F.S. by direct dialing at no cost to City for the purpose of obtaining the reports described hereinabove; and that said reports will be furnished to City within a matter of seconds while the City remains on the telephone, with the exception of communication problems beyond the control of I .F.S. II . The term of this contract and agreement shall be for a period of one (1 ) year beginning on the 1st day of February, 1978, and ending on the 31st day of January, 1979. III . This contract and agreement may be terminated by either party upon at least thirty (30) days written notice. Such notice shall be sufficient if mailed to the other party's last known address. IV. In the event this contract and agreement is terminated for any reason before the 31st day of January, 1979, I .F.S. shall refund to City a percent of the total consideration paid to I .F.S. as provided in Paragraph I hereof, said percent to be calculated by determining the number of days from the date of termination to January 31 , 1979, and dividing said number by the number of days from February 1 , 1978, to January 31 , 1979. 2_ V. I .F.S. shall not act as an agent, representative, servant or employee of the City of Wichita Falls as to all rights and privileges granted hereunder; that I.F.S. shall have exclusive control of and the exclusive right to control the details of its operations hereunder and shall be solely responsible for the acts and omissions of its members, officers, agents, representatives, servants , employees, contractors and subcontractors; that the doctrine of respondent superior shall not apply as between City and I .F.S. , its members, officers, agents, repre- sentatives, employees, contractors or subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and I.F.S. , its members, officers, agents , representatives, employees , contractors or subcontractors. VI . I .F.S. covenants and agrees to, and does hereby indemnify, hold harmless and defend City, its officers, agents , representatives and employees, from and against any and all claims or suits for damages or injuries to persons (including death) or damages to property, or whatsoever kind or character, whether real or asserted, arising out of, or in connection with the execution, performance or attempted performance of this contract and agreement but I .F.S. does not indemnify the City against a suit, loss or damages arising as a result of the City's negligence. I .F.S. warrants that all information when furnished to City by I. F.S. is accurate and up to date, and I .F.S. hereby covenants and agrees to indemnify and defend the City, its officers, agents, and employees from and against any and all claims or suits for damages or injuries arising out of or in connection with furnishing the City with inaccurate or outdated information; and I .F.S. further agrees to indemnify and make whole the City for any and all damages sustained by City as a result of or in connection with furnishing the City with inaccurate or outdated information. 4- VII . If I.F.S. , as a charitable or a non-profit organization, association, corporation, entity or otherwise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for claims or suits for damages, I.F.S. hereby expressly waives its rights to plead defensively such immunity or exemption as against City. VIII . I .F.S. shall comply with all laws, federal , state and local including all ordinances, regulations and requirements of the City of Wichita Falls. It is agreed and understood that if City calls the attention of I.F.S. to any such violation on the part of I .F.S. , or any member, officer, agent, representative, employee, contractor, or sub- contractor, then I .F.S. shall immediately desist from and correct such violation. IX. I .F.S. shall not assign this agreement without prior written consent of the City, and any attempted assignment without such prior written consent of the City shall be void. X. In the event I .F.S. fails to comply with or breaches any of the terms , conditions and covenants of this agreement, or for any other reason deemed necessary by the City Manager or his duly authorized representative, City shall have the right to declare this agreement terminated without written notice to I .F.S . , but shall forthwith advise I .F.S. in writing of such election to terminate. XI . I .F.S. covenants and agrees that should any action whether real or asserted, at law or in equity, arise out of the terms of this agreement between the parties hereto, venue for said action shall lie in Wichita County, Texas. 5- XII. I .F.S. and City mutually covenant and agree that this writing constitutes the sole and only agreement between I .F.S. and City pertaining to the services to be performed by I .F.S. . Any and all previous agree- ments, whether oral or in writing, between said parties pertaining to such services are hereby terminated and cancelled and declared to be of no further force and effect. No prior or contemporaneous written or oral agreement of any nature exists to alter or modify the terms of this agreement. EXECUTED at Wichita Falls, Wichita County, Texas, in multiple originals , this day of A.D. 1978. CITY OF WICHITA FALLS By City Manager ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney INDUSTRIAL FOUNDATION OF THE SOUTH By President 6- CHANGE. OWNER C ARCHITECT ORDER CONTRACTOR 4 FIELD A/A DOCUMENT G701 OTHER PROJECT:Eastside Neighborhood CHANGE ORDER NUMBER: One name, address) Service Center 1100 Smith Street TO (ContractorhJichita Falls , Texas 7 ARCHITECT'S PROJECT NO: 7658 Meyers Bros . , Inc .CONTRACT FOR: 2 378 , 932 . 00 General Contractors P . O . Box 512.6 Wichita Falls , Tx. 76307 _j CONTRACT DATE: 26 October 1977 You are directed to make the following changes in this Contract: 1 . To add $0 . 71 per hour to Electrician wage Neer Electric Co . , Electrical Subcontractor) for fringe benefits to meet the provintons of the Davis-Bacon Act concerning minimum wares . The original Contract Sum was 378 , 932 . 00 Net change by previous Change Orders 0. 00 The Contract Sum prior to this Change Order was 378 , 932 . 00 The Contract Sum will be (increased) f emaeKik xi r ct) by this Change Order .1, 606 . 35 The new Contract Sum including this Change Order will be 380, 538 . 35 The Contract Time will be (ina €rx#Xf ar odt(unchanged) by 0 ) Days. The Date of Completion as of the date of this Change Order therefore is 23 Aug u t; 1978 Lambert-Dunham-Assoc . Meyers Rrns • , Tnr i_ W; chifa Fay Ls EG CONTRACTOR ox 5126 R>\VO .Box 1431 Adores Address Address Wic ita Falls , Tx. Wichita Falls, Tx. Wichita Falls , Tx. reBY11 BY_f R.A . Meyers ,' President Caeral, G . Fox, 0., ty Mgr . DATE DATE ATE AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • © 1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 CHANGE OWNER ARCHITECT ORDER CONTRACTOR [ FIELD AIA DOCUMENT G701 OTHER PROJECT: Eastside Neighborhood CHANGE ORDER NUMBER: Two name, address) Service Center 1100 Smith Street TO (Contractoichita Falls , Texas r 7 ARCHITECT'S PF'.OJECT NO: 7658 Meyers Bros . , Inc . CONTRACT FOR: General Contractors 378, 932 . 00 P.O. Box 5126 Wichita Falls , Texas j CONTRACT DATE: 26 October 1977 You are directed to make the following changes in this Contract: 1 . To furnish all labor and materials for the addition of a 12" wide by 4" deep continuous concrete curb , reinforced with two (2 ) 3/8" diameter reinforcing steel rods ) under the proposed chain link fence as presently contracted . This concrete curb shall meet all requirements concerning said material as outlined in the existing Contract Documents . The original Contract Sum was 378 , 932 . 00 Net change by previous Change Orders 1, 606 . 35 The Contract Sum prior to this Change Order was 380, 538 . 35 The Contract Sum will be (increased) (aect.exs ct)MtirhattNed by this Change Order . . $ 701. 88 The new Contract Sum including this Change Order will be 381 , 240 . 23 The Contract Time will be Xat_e 5eet)x( TLYe.x @q (unchanged) by 0 ) Days. The Date of Completion as of the date of this Change Order therefore is 23 Au Ertl st 1978 Lambert-Dunham-Assoc . Meyers Bros . , Inc . City of Wichita Falls 19--'TYarker Sq . Bk. Bldg. PN5R oOR 512 6 1 R Box 1431 Address I Address Address Wichita Falls Texas Wichita Falls , Tx. Wichita Falls - x . I , , J BY 10 "Alai A Ail BY a t1' R. A. Meyers ; President Gerald G . Fox, City Mgr.DATE DATE DATE AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • © 1970 • THE ONE 'AGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006