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Min 01/17/1978543 Wichita Falls, Texas Memorial Auditorium Building January 17, 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 Mathis Mayor Hardy McAlister Fred E. Bassett Carol Russell Aldermen Ray Ashbrook 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 Item 3 Moved by Alderman Ashbrook that minutes of the meeting held January 3, 1978, be passed. Motion seconded by Alderwoman McCullough, and carried unanimously. Items 4 through 8 Item 4c was removed from the consent agenda and changed to Item lOb. Moved by Alderwoman Russell that the following items on the consent agenda be approved. Motion seconded by Alderman Ryle, and carried by the following vote. J ORDINANCE NO. 3280 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF THE ALLEY IN BLOCK 9, BARWISE AND JALONICK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None ORDINANCE NO. 3281 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE 1977 COMMUNITY DEVELOPMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS , TEXAS; FIXING TIME AND PLACE FOR NEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None RESOLUTION NO. 2076 RESOLUTION APPROVING AMENDMENTS TO LEASE AGREEMENTS AT MUNICIPAL AIRPORT WITH TEXAS INTERNATIONAL AIRLINES, INC. , CONTINENTAL AIR LINES, INC. AND RIO AIRWAYS, INC. , CONCERNING SPACE IN BAGGAGE CLAIM AREA. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The First Amendment to the lease agreement with Texas International Airlines, Inc. , the Second Amendment to the lease agreement with Continental Air Lines, Inc. , and Amendment Number Three to the lease agreement with Rio Airways, Inc. , copies of which are attached hereto, all of which concern the use and rental for the baggage claim area at the Terminal Building at the Municipal Airport, are hereby approved, and the City Manager is authorized to execute each of them for the City of Wichita Falls. Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None RESOLUTION NO. 2077 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. 544 Items 4 through 8 , cont'd. 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 9,054 sq. ft. of Lots 4 & 5, Taylor Subdivision 4321 sq. ft of Lots 4, 5, & 6, Block 224 Original Townsite. Combined total of values approved in this resolution 119,000. 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. Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None v The bid for the annual supply of oil andppy grease was awarded to American Petrofina Company in the amount of $14,254.25. Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None The low bid meeting specifications for an annual supply of automotive storage batteries was awarded to Batteries Unlimited in the amount of $8,274.26. Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None The low bid for an annual supply of tires and tubes was awarded to Gulley Tire Companyintheamountof $77,731 .52. Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None r' RESOLUTION NO. 2078 RESOLUTION AWARDING CONTRACT TO ZACK BURKETT COMPANY FOR CONSTRUCTION OF PHASE III IMPROVEMENTS AT THE MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of certain improvements at Wichita Falls Municipal Airport; and , WHEREAS, two bids were received , and it is found that the low bid of Zack Burkett Company in the amount of $140,095.10 is the lowest and best bid. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Said bid of Zack Burkett Company in the amount of $140,095.10 is hereby accepted 545 Items 4 through 8, cont'd. subject to the concurrence of the Federal Aviation Administration, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Zack Burkett Company for the construction of such Airport improvements. Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None vBids were awarded to Nunn Electric Supply Company for 116 high pressure sodium luminaires in the amount of $10,147.47 and 116 high pressure sodium lamps in the amount of $2,348.35. Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Authority was given to advertise for bids for 100 tons of fertilizer for the Parks , Golf,and Cemetery Divisions. Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays: None 1 Authority was given to advertise for bids to replace the roof on the Health Unit. Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None vMinutes of the meetings of the following boards were received. a. Board of Electrical Examiners - January 10, 1978 b. Park Board - January 5, 1978 (No official business was conducted due to lack of a quorum. ) c. Traffic Safety Council - January 4, 1978 Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None JItem 9a Mayor Mathis honored Nancy Mallett, an employee of the Police Department, as employee of the month for January, 1978. He presented her with a plaque, and selection of a dinner at a restaurant. Item 9b Bob Mengel and Jim McCracken were also honored by Mayor Mathis for their past service on the Traffic Commission. Plaques were presented in recognition and commendation for service to their community. Item 9c Jimmy Horany, Attorney, and John Adams , Chairman of the Lake Wichita Steering Committee, appeared in regard to the Lake Wichita-Holliday creek flood control project. Mr. Adams stated that they object to lowering the spillway four and one-half feet, and that they agree with the Corps of Engineers in other respects. He explained that this is the usable portion of the lake. The residents on Lake Shore Drive between Barnett Road and Fairway feel that it would render their property unusable. In the hearings of the Corps of Engineers there was no mention of the depth of this lake. In July they had a full lake, but it is almost dry now. He explained that the ranger station is out of water, that the boat launching area at Gregg Road is now unusable, and that cattails and salt cedars will grow in shallow water. He stated that the spillway needs to be twice as wide as it is now. He stated that the Lake Wichita dam is one of the oldest in Texas , built in 1909. He noted that the canal is full of reeds, which is likely to cause serious flooding to the Lakeview Apartments on Fairway. He would like the lake to be maintained at its present level . Holliday Creek improvements were also mentioned. Mr. Horany stated that if the spillway is lowered four and one-half feet, it will create more flooding down Holliday Creek. In the spring when it is raining, 80 percent of the time it is also raining north of Wichita Falls, and the Wichita River is also flooded. The plan recommended by the Corps of Engineers does not address the Wichita River. 546 Item 9c, cont'd. In the 1941 flood the water went over the spillway three feet, but it backed up in the lake area and did not go over the dam. The same thing happened in 1976. No great damage was done. They are not opposed to widening and deepening the channel , but they are opposed to lowering the lake four and one-half feet. He noted the recreational possibilities for Wichita Falls, and the pavillion which was on the lake in the 1920's. This could bring revenue to the City. He stated there is no need to build the dam across Fairway. If the Corps of Engineers recommended improvements in 1938, why have they waited 40 years to do something about it? The greatest flood occured in 1941 and they did not do anything about it then. They have a petition of about 1500 people who are interested in Lake Wichita. He recommended allocation of $200,000 per year over a five-year plan. Revenue sharing funds could be used. He would like the sand and silt to be removed from the lake. He stated that according to General Donovan recently, the project is now 20 million, and it will also take five or six years to complete. He is also opposed to Lake Kemp water being taken in through the Call Field canal . He mentioned that several property owners have water rights to Lake Wichita water. He feels the project will cost 30 to 40 million if it is not built for six to eight years. Mayor Mathis stated that the estimates are not 20 to 30 million to construct a dam. He assured Mr. Horany that the Council will not make a hasty decision concerning this project. He also pointed out that the Lake Kemp water would be cleared of salt before it is put into the lake, and that the lake will be cleaned out. He cannot answer why the Corps has waited 40 years. He does not believe anyone will construct any recreational activities out there in the condition it is now in. The best interest of the City of Wichita Falls has to be served. Life and property downstream have to be protected. There are more of them than there are around the lake. That has to be considered first. He agreed that Lake Wichita is the best protection we have, but the dam is unsafe. Alderman Ryle stated that the Corps of Engineers has a hearing set for March 1978, and if they approve it they will go along with their plan. If not, this Council is on record to employ an engineer to make some recommendations as to how to alleviate the flooding along Holliday Creek. Alderman Ashbrook clarified that water rights of individuals cannot be cancelled. They go on continuously. The City Manager noted that the Board of Rivers and Harbors will be meeting in Washington next week. They have moved the hearing up. Item l0a A proposed flood hazard prevention ordinance was presented. ORDINANCE NO. 3282 A FLOOD HAZARD PREVENTION ORDINANCE, PROVIDING FOR FLOOD PLAIN DEVELOPMENT PERMITS, PROVIDING FOR STANDARDS FOR CONSTRUCTION AND DEVELOPMENT TO REDUCE FLOOD HAZARDS, PROVIDING FOR VARIANCES, AND PROVIDING PENAL PROVISIONS. Moved by Alderman McAlister that Ordinance No. 3282 be passed. Motion seconded by Alderman Ashbrook. Alderman Bassett suggested that they not be presented items of such an important matter on such a short notice. The City Manager stated that copies of this were sent to the Council six to eight weeks ago for their review, and it was provided to interested parties at that time. The motion was carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item lOb A proposed ordinance was presented setting alley refuse rates. Chief Accounting Officer Gerald Carlson stated that he had reviewed the accounts listed on Exhibit "A" , and that on Page 6, 77-A-13, the name of James F. Harrison, 2000 Margaret, should be added, with a total amount of $174.15, and the monthly payment should be 36 @ $4.84. The account number would be added. ORDINANCE NO. 3283 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman McAlister that Ordinance No. 3283 be passed , as amended. 547 Item lOb, cont'd. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item lla A proposed resolution was presented authorizing employment of an engineering firm for waste water improvements to the north side of Wichita Falls. RESOLUTION NO. 2079 RESOLUTION APPROVING CONTRACT WITH BIGGS AND MATHEWS, INC. FOR ENGINEERING SERVICES FOR WASTE WATER IMPROVEMENTS ON THE NORTH SIDE OF WICHITA FALLS. 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 Biggs and Mathews, Inc. , for engineering services for waste water improvements on the north side of Wichita Falls, 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. 2079 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 Mayor Mathis noted that these improvements will not be constructed just for General Motors, but for the whole north side. He also clarified that this does not substitute a proposed 17 million dollar bond issue which was discussed. That was a different subject, and not directly related to this. v I tem l l b A proposed resolution was presented approving contracts for furnishing medical direction and consultation services for the Health Department. RESOLUTION NO. 2080 RESOLUTION APPROVING CONTRACTS BETWEEN WICHITA FALLS CITY-WICHITA COUNTY BOARD OF HEALTH AND KENNETH C. BEBB, M.D. AND E. AUBREY COX, M.D. FOR MEDICAL DIRECTION AND CONSULTATION SERVICES. WHEREAS, the vacancy in the position of Director of the Wichita Falls City- Wichita County Health Unit has not been filled, and it is necessary to have medical direction and consultation services of a physician in the operation of such Health Unit; and, WHEREAS, Dr. Kenneth C. Bebb and Dr. E. Aubrey Cox have agreed to furnish such services on a temporary basis. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those certain two contracts, a form of which is attached hereto, between the Wichita Falls City-Wichita County Board of Health and Kenneth C. Bebb, M.D. and E. Aubrey Cox, M.D. are hereby approved , and the City Manager is authorized to execute this approval on such contracts. Moved by Alderman McAlister that Resolution No. 2080 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Ashbrook, Bassett, Ryle, and Alderwoman Russell Nays : None (Alderwoman McCullough abstained from voting due to a conflict of interest. ) 548 Item 1l A request was made by Bill Hursh, Director of Parks and Recreation, to exchange some inaccessible park land at Lake Arrowhead for some property owned by the Bridwell Estate. Mayor Mathis appointed Aldermen Bassett and McAlister and City Manager Gerald Fox to negotiate for this trade. RESOLUTION NO. 2081 RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE EXCHANGE OF INACCESSIBLE LAND AT LAKE ARROWHEAD. WHEREAS, when Lake Arrowhead was constructed, the City purchased from Oscar Miller a tract, containing approximately 22.47 acres out of the S. Pierce Survey, Abstract 79, Clay County, Texas, which tract was above the 930 foot m.s.l . contour line. This tract adjoins Bridwell land, and it is inaccessible to the public except by boat; and, WHEREAS, Bridwell Properties has expressed interest in negotiating an exchange of land along the highway for this land; and, WHEREAS, the Board of Aldermen find that this inaccessible tract of land is of very little value to the City of Wichita Falls , and it would be in the public interest to exchange such tract of land for a tract abutting the highway and Lake Arrowhead. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Alderman Bassett, Alderman McAlister and the City Manager are hereby authorized to negotiate with Bridwell Properties an exchange of this tract for a tract which could be used by the City. Moved by Alderman Ryle that Resolution No. 2081 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 12a V Bids were considered on a backhoe and front end loader, and articulated wheel loader for Utility Equipment Services Department. Moved by Alderman Bassett that the low bid for the backhoe and front end loader be awarded to John's Tractor and Gas Company in the amount of $14,985. Motion seconded by Alderman McAlister, and carried unanimously. v Moved by Alderman Ryle that the low bid meeting specifications be awarded to Darr Equipment Company in the amount of $32,660 for the articulated wheel loader. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 12b Discussion was held on bids for construction of the farmers market. Roger McKinney, Acting Director of Planning, stated that the low bid exceeded the amount Y...' budgeted , and that the architect had been instructed to negotiate with the low bidder to lower the cost. It was learned during the discussion that the Heritage Society had been informed of the proposed changes , but had not actually seen the negotiated plans. Moved by Alderman McAlister that this matter be deferred to the first meeting in February to give everyone time to go over it. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Ryle will meet with this group. Item 12c Bids were considered on two 72" rotary mowers and three 44" rotary mowers for the Parks Department. 549 Item 12c, cont'd. Moved by Alderwoman McCullough that the low bid be awarded to Goldthwaites of Texas in the amount of $4,397.50 for the 72" mowers, and in the amount of $2,195 for the 44" mowers. Motion seconded by Alderman Ashbrook, and carried unanimously. Jltem 13a A proposed resolution was presented approving change order for sewer improvements to General Motors plant. The City Manager and Joe Smith, Director of Public Utilities, stated that from the latest information we have from General Motors , a 15" line will be sufficient to allow expansion to their Phase 3 and 4. RESOLUTION NO. 2082 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH RHODE PIPE COMPANY FOR CONSTRUCTION OF EXTENSION OF SANITARY SEWER FACILITIES TO GENERAL MOTORS CORPORATION PLANT. WHEREAS, heretofore the City entered into a contract dated September 8, 1977 with Rhode Pipe Company for construction of extension of sanitary sewer facilities to the General Motors Corporation plant; and , WHEREAS, it is deemed advisable to change the contract to provide for an increase in the size of the main, which will increase the amount of the contract by $23,229.65. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Change Order No. 1 to such contract with Rhode Pipe Company is hereby approved , and Joe C. Smith, Director of Public Utilities, is hereby authorized to execute the same for the City of Wichita Falls. Moved by Alderman Bassett that Resolution No. 2082 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough Nays : None Item 14a Permission was requested to advertise for sanitation roll-off container system. Ernest Lillard , Director of Public Works, stated that several interested businesses had been contacted , and are waiting for the City's approval of this system to be implemented. He explained that a used piece of equipment is available to purchase which would permit them to begin this system. This equipment is available from the Farmer's and Merchant's Bank of Kaufman, Texas. We expect to be able to lease-purchase this truck for $1 ,990 per month for a 9-month period to end September 30, 1978. One of our front loading container handling trucks recently burned, which also needs to be replaced. He suggested that it be replaced with this type of equipment. Alderman Ryle stated that this is an example of city government undercutting private business. We are in effect subsidizing private industry by cutting the price. What is private industry willing to do for themselves? We are asking the City of Wichita Falls to finance private industry. The City Manager explained that we are including depreciation on an annual basis. He also explained that landfill costs will eventually increase, and that increase will be projected to the various classes of service and operation. Aldermen Ryle and Bassett were not satisfied with the matter of depreciation. Jerry Brown appeared as Purchasing Manager for Certainteed, stating that they are currently taking care of their own waste. They are now leasing trucks , but previously used Bell Processing. He stated that they will have a roll-off system available by February 1 . Les Shafer, from Certainteed , stated that their equipment rental is 1 ,100 per month, and that the cost savings has not entered into it, either with Bell Processing or the City. The State has told them to quit sending their waste to the Bell location because it does not meet standards. Jerry Brown questioned the quality of service of Bell Processing. Alderman Ryle stated that he feels we should make sure that we are getting our full cost for providing this service. Taxes cannot be excluded from the cost of operation. 550 Item 14a, cont'd. vMoved by Alderman McAlister that Ernest Lillard be allowed to negotiate a lease purchase of this 1975 Ford truck from The Farmer's and Merchant's Bank of Kaufman,Texas, and that they also supply the Council with cost justification, and perhaps theratesmaybeadjustedaccordingly. Motion seconded by Alderwoman Russell , and carried unanimously. Moved by Alderman McAlister that permission be granted to advertise for bids for new equipment. Motion seconded by Alderwoman Russell , and carried unanimously. Item 15a Moved by Alderman Ashbrook that the 1977 annual financial report be received. Motion seconded by Alderman Bassett, and carried unanimously. Alderman Ryle discussed maintaining of equipment to arrive at a depreciation and replacement cost. Gerald Carlson, Chief Accounting Officer, stated that prior to 1964therewasnoinformationonfixedassets. The first problem is getting a good appraisalvalueforeverythingitowns. The second problem is how do you establish fair marketvalueofreplacementcosts? From 1964 on we have maintained pretty good costs of ourfixedassetsystem. Alderman Ryle stated that he would like to see that sort of thingimplementedasatooltojustifybuying, leasing, etc. of equipment. Mr. Carlson stated that he would like this to be the next project we work up. Item 15b The following appointments were made to the Park Board. a. Mrs. W. G. Cummings and Mr. Tommy Robinson--both reappointed for three-year terms to expire January 1 , 1981 . b. Mr. Ervin Garnett--appointed for a three-year term to expire January 1 , 1981 replacing Joe Golding) . c. Mr. Jim Stacks--appointed to fill the unexpired term of Gordon Walker until January 1 , 1979. Moved by Alderman Ryle that the Park Board appointments be approved. Motion seconded by Alderman Ashbrook, and carried unanimously. Moved by Alderwoman McCullough that Barbara Glickman be appointed to the Mental Health Mental Retardation Board of Trustees to fill the unexpired term of Barry HugginsuntilJuly10, 1979. Motion seconded by Alderwoman Russell , and carried unanimously. Item 15c Pitts Oil Company of Dallas has made a request for an oil and gas lease on a tractinthesouthendofLakeArrowhead. Alderwoman Russell wondered if the money which would come to the City would offset the environmental and recreational values. Tommy Yowell , with Pitts Oil Company, stated that they are interested in developingaleaseinthisarea, and they would work with the City in protecting the water supplyoftheCity. Alderman McAlister was opposed to drilling in water. Moved by Alderman Ashbrook that authority be granted to advertise for bids for an oil and gas lease, with stipulations of an earthen platform, and that safeguards for salt control be built in. Motion seconded by Alderman Bassett, and carried unanimously. 551 Item 15d Alderman McAlister noted the request for water and sewer extensions in the Expressway East Industrial District, west of Sprague Electric. Following discussion, it was the concensus of the Council that the City will make the extensions. Alderman Ryle requested that an ordinance be placed on the agenda banning smoking in all public buildings in the City of Wichita Falls. Y Alderman Bassett inquired into the status of proposed fire protection policy with other governmental units. The City Manager stated that they had a request to meet with the Clay County Commissioners in Henrietta on Monday, at 2:00 P.M. The Board of Aldermen adjourned at 11 :45 A.M. PASSED AND APPROVED this 6r, day of , 1978. 7144i;t1A MAYOR ATTEST: CITY CLERK AMENDMENT THR m E. RAi1LL,i•Z.Ei,T NUMBER lr i,E TO LEAS AGREEMENT WHEREAS , heretofore the City of Wichita Falls and Rio Airways , Inc. entered into a lease agreement dated September 20 , 1973 , concerning use of the Wichita Falls Municipal Airport; and, WHEREAS , the parties desire to amend such agreement with regard to the use by Rio of baggage reclaim space in the passenger terminal building. NOW, THEREFORE , the parties hereto do hereby agree that such lease agreement shall be amended as follows : 1. Article I of such lease agreement is amended by adding thereto a new section (B. 1) which shall read as follows : B. 1) BAGGAGE RECLAIM SPACE PASSENGER TERMINAL BUILDING. The use , in common with other scheduled airlines serving Wichita Falls , of approximately 650 square feet of space designated as ' Baggage Claim Area' on Exhibit C attached hereto. " 2 . Section (C) of Article III of such lease agreement is amended by adding to the end of such Section (C) the . following: In addition to the monthly rental payable to City for space leased pursuant to Article I (B) and (C) , Airline will pay the City a monthly rental for its use of the baggage claim area pursuant to Article I (B. l) on the follow- ing basis : For Airline ' s prorated share of 650 square feet in the Baggage Claim Area, at an annual rate of $3 . 63 per square foot per annum, the proper share will be prorated as follows: Twenty percent (20%) of the total monthly charge shall be divided equally among all the airlines having the right to use the baggage claim area. Eighty percent (30%) of the total monthly charge shall be apportioned among all said airlines so that each pays the proportion thereof which the number of its passengers enplaning at the airc)ort during each calendar month bears to the total number of enplaning passengers on all said airlines during each calendar month. Since the total enplaning passengers is not known until after the end of the month, such rental on the Baggage Claim Area will be invoiced in arrears and is payable in all other respects as shown in Article III (A) . " 3 . This amendment is effective January 1 , 1975 . 4 . It is understood and agreed that this amendment shall in no way change or affect any other provision of such lease agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the 17th day of January, 1978 . City of Wichita Falls , Texas ATTEST: By: Gerald G. Fox, City Manager Wilma J. Thomas , City Clerk Approved as to form: H. P. Hodge , Jr. , City Attorney r Rio Airways , Inc. BY : Mark S . Connell, President ATTEST : Secretary 2 STATE OF TEXAS COUNTY OF WICHITA 1 ,' f !- < ,`' ' . e 7 9 This Contract , made and entered into as of the /7# day of L.470i451- T , 1978 , by and between the City of Wichita Falls , Wichita County , Texas (hereinafter called "Owner" ) and the firm of Biggs8 Mathews , Inc . , Consulting Engineer , Wichita Falls , Texas hereinafter called "Engineer" ) . W I THE S S E T H : WHEREAS , a wastewater treatment plant and various sewage collection lines to be connected thereto in and near the north part of the City of Wichita Falls , Texas , is proposed ; and WHEREAS , the firm of Biggs 8 Mathews , Inc . , is acceptable to the Owner and is willing to enter into a contract to perform engineering service required by the Owner; NOW THEREFORE , it is agreed as follows : I The Owner hereby retains the Engineer for all engineering services required in connection with construction of said wastewater treatment plant and sewage collection lines . The services performed by the Engineer in connection with proposed improvements shall be divided into three phases , as follows : 1- 0 Phase 1 - Preliminary study and design necessary to outline those improvements required . Phase 2 - Preparation of detailed plans and specifications for improvements included under Phase 1 . Phase 3 - General administration of construction of improvements included under Phase 2 . Phase 1 - Preliminary study and design - shall include : a) Participation in preliminary conferences with the Owner regarding the proposed project ; b) Preparation of preliminary engineering layouts , sketches and reports required to define needed improvements ; c) Preparation of preliminary cost estimates of proposed construction and participation in conferences with the Owner ' s staff and others having an interest or responsibility with regard to the proposed project . d) Preparation of the required forms and applications for presentation to the regulatory agencies . Phase 2 - Preparation of detailed plans and specifications - shall include : a) Establishing the scope of any soil and foundation investi- gations which may be required and assisting in making the necessary arrangements to be conducted for the Owner ' s account ; b) Surveys , preliminary design and layout of the improvements ; 2- c) Furnishing the engineering data necessary for applications for routine permits by local , state and federal authorities ; d) Preparation of detailed plans', specifications and contract documents for the improvements ; e) Preparation of project quantities and cost estimates ; f) Furnish to the Owner all necessary copies of approved plans , specifications , notices to bidders and proposal forms . Phase 3 - General administration of construction - shall include : a) Assistance in the advertisement of the project for bids ; b) Assistance in the opening , tabulation and analysis of the bids received and recommendations as to the appropriate action to be taken ; c) Assistance in the preparation of formal contract documents for construction contracts ; d) Making periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the executed work and to determine in general if the work is proceeding in accordance with the contract documents . In carrying out this function , it is understood that the Engineer does not guarantee the contractor ' s performance , nor is he responsible for supervision of the contractor ' s operation and employees ; 3- s e) Consulting and advising with the Owner and preparing routine change orders as required ; f) Reviewing shop and working drawings furnished by contractors for compliance with design concept and with information given in contract documents (Contractor is responsible for dimensions to be confirmed and correlated at job site) ; g) Preparation of monthly and final estimates for payments to contractors , and furnishing any necessary certifications as to payments to contractors and suppliers ; h) Performing , in company with the representative of the Owner , a final inspection of the project ; i) Revision of construction drawings , with the assistance of the resident Project Representative , to reflect any revisions included in construction records ; j ) Furnish Owner with one (1) reproducible set of As Built" construction drawings on Mylar Sepia Film and two (2 ) sets of prints . II . For the basic services performed under Section I of this agreement , the compensation to the Engineer shall be expressed as a percent of the cost of construction for which preparation of plans and specifications are authorized at one time and shall be as follows : Sewage collection, interceptor and/or outfall lines 8 . 5% Wastewater Treatment Plant 10 . 0% 4- Cost of construction, as used herein, shall not include the cost of legal or engineering services, the cost of land, right-of-way or administrative expense; but does include the direct cost of all construction contracts, including labor, materials and equipment required for the completed work and the total value at site of project, of all labor, materials and equipment purchased or furnished directly by the City for the project. Upon completion of Phase 1 of Engineer' s services, ten percent (10%) of the basic charge shall be due and payable; an additional seventy percent (70%) thereof shall be due and payable upon completion of Phase 2. The remain- ing twenty percent (20%) shall be paid during construction in proportion to the contractor' s earnings. For special services such as court litigation, land surveys for easements and land acquisition, and other mis- cellaneous services not outlined in Section II , the Engin- eer shall be compensated on the basis of actual salary cost times a multiplier of 2. 25; direct expenses and subcontract costs incurred shall be reimbursed at actual cost times a multiplier of 1. 10. Statements for services in this cate- gory shall be rendered monthly and payment shall be due not less than thirty (30) days after submission of a statement. III . The charge provided herein shall not include property, boundary, and right-of-way surveys, shop, mill, field or laboratory inspection of materials; cost of test borings and 5 - other subsurface explorations ; copies of "As Built" plans and specifications in excess of three (3 ) ; calculations of special assessments ; the services of a resident Project Representative for continuous on-the-site observance of the work; or the furnishing of construction line and grade surveys . If the Owner elects to have the Engineer furnish services of a resident Project Representative for continuous on-the-site observance of the work or the furnishing of construction line and grade surveys , the Engineer will furnish this service at the actual salary cost of personnel thus engaged times a multiplier of 1. 75 ; direct expenses and subcontract cost incurred shall be reimbursed at actual cost times a multiplier of 1 . 10 . If during the preparation of the plans and specifications , or thereafter , the Engineer shall be required to render additional services because of changes , or delays , or other causes beyond his control , then the Engineer shall be compensated for such additional services on the basis of actual salary cost of such additional services times a multiplier of 2 . 25 , with direct expense reimbursed at actual cost times a multiplier of 1 . 10 . IV . It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be done under this contract until the Engineer is instructed in writing to proceed with the work. At the time written instructions are given to the Engineer to proceed , evidence shall be furnished that funds are available to pay for the services required . 6- A It is also understood that the Engineer will not supply a resident Project Representative for continuous on-the-site observance of the work or furnish construction line and grade surveys unless instructed in writing to do so . V . Any provision in this contract notwithstanding , it is specifically understood and agreed that the Engineer shall not authorize or undertake any work pursuant to this contract , which work would require the payment of any charge , expense or reimbursement in addition to the charge stipulated in Section III , without having first had and obtained specific written authority therefor. VI . This contract shall not be assignable in whole or in part without the consent of the Owner . VII .. All payments for services rendered by the Engineer shall become due and payable within thirty ( 30 ) days after submission of a statement by the Engineer. VIII . In connection with all the work outlined or contemplated above , it is agreed that the Owner or the Engineer may cancel or terminate this contract upon thirty ( 30 ) days ' written notice 7- to the other , with the provision and understanding that immediately upon receipt of notice of such cancellation from either party to the other all work and labor being performed under this contract shall immediately cease , pending final cancellation at the end of such thirty-day period , and further provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by him prior to the receipt of notice of such termination. 8- t IN WITNESS HEREOF , the City of Wichita Falls , Texas , has caused this contract to be executed by its City Manager and attested by its City Clerk, and Biggs a Mathews , Inc . , Consulting Engineers , has caused this contract to be executed by its President and its Secretary , with all such executions being in triplicate , each of which shall constitute an original , and all of which has been done as of the date here above first written. Approved as to Foral elh CITY OF WICHITA FALLS By Ci Z. ty tanager ATTEST: l City Clerk BIC-GS a MATHEWS , INC . Consulting Engineers By J . E . Biggs , r . , P .E . , President ATTEST : Registered Professional Engineer No . 16101 r Secretary 9- STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X This agreement made and entered into this the day of 1978 , by and between the Wichita Falls City- Wichita County Board of Health, hereinafter called Board and M. D. , hereinafter called M. D. WITNESSETH: FOR AND IN CONSIDERATION OF the mutual covenants herein contained, Board and M. D. agree as follows : I . M. D. shall furnish medical direction and consultation ser- vices to Board for a period of one year commencing January 1, 1978 and ending December 31, 1978 ; provided, that this agree- ment may be cancelled at any time by either party upon thirty (30) days written notice. II . The Board shall pay a fee for these medical direction and consultant services at the rate of $250. 00 per month plus $25. 00 per hour or any fraction thereof, figured daily, with a maximum as set out in Paragraph III . Payment of the hourly fee for medical direction and consultant services shall be made upon receipt of invoices, each month, indicating the date that medical direction and consultant services were rendered, and the number of hours of medical direction and con- sultant services performed on each date. III. This contract is similar to another contract of this date entered into with another medical doctor. It is under- stood and agreed that the maximum number of hours for which M. D. and the medical doctor in the other contract will be paid the hourly fee provided for in Paragraph II above will be a combined total of sixty hours per month for the two doctors. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first above written. Wichita Falls City-Wichita County Board of Health BY: R. D. Riddle, D.V.M. , Chairman ATTEST: Approved by: City of Wichita Falls , Texas BY: Gerald G. Fox, City Manager ATTEST: City Clerk Wichita County, Texas BY: Hank Anderson, County Judge ATTEST: County Clerk Approved as to form H. P. Hodge, Jr. , City Attorney Bob Estrada, County Attorney 2 -