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Min 04/18/1978608 Wichita Falls, Texas Memorial Auditorium Building April 18, 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. Kenneth Hill Mayor Hardy McAlister Carol Russell Curtis Smith Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr.City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Fred E. Bassett Absent The invocation was given by Jimmy Tidwell , Fairway Baptist Church. Item 3 Moved by Alderman McAlister that minutes of the meeting held April 3, 1978, be approved. Motion seconded by Alderwoman Russell , and carried unanimously. Items 4 through 10 Moved by Alderman McAlister that Items 4 through 10 on the consent agenda be approved. Motion seconded by Alderman Smith. Item 4a y ORDINANCE NO. 3306 ORDINANCE ACCEPTING IMPROVEMENTS OF A PORTION OF BARNETT ROAD FROM F.M. HIGHWAY NO. 369 (SOUTHWEST PARKWAY) TO 2736 FEET SOUTH IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 4006 DECLARING THE CONTRACT WITH THE TEXAS STATE HIGHWAY DEPARTMENT, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell . Nays: None Item 5a RESOLUTION NO. 2128 RESOLUTION AUTHORIZING CONTRACT WITH LARRY WINN FOR OPERATION OF CONCESSION STAND AT WILLIAMS PARK. WHEREAS, heretofore the City advertised for bids for operation of concession stands in various City parks , including Williams Park; and , WHEREAS, no bid was received for Williams Park, but Larry Winn, 902 1/2 Flood Street, president of the Class of 1968, has made a proposal for the concession operation at Williams Park, with ten percent of the gross revenue derived from such operation to be paid to the City, which proposal is found to be a reasonable one. 609 Item 5a, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,TEXAS, THAT: The proposal of Larry Winn for the concession operation at Williams Park for tenpercentofallgrossrevenuesderivedfromtheoperationisherebyaccepted , and the CityManagerisauthorizedtoexecuteacontractwithLarryWinnforthisoperation. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman RussellNays: None Item 5b RESOLUTION NO. 2129 RESOLUTION APPROVING APPRAISAL OF PROPERTIES FOR THE F.W.D.R.R. RELOCATIONANDAUTHORIZINGTHEIRPURCHASEORCONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described forconstructionofthelistedprojectinthe1967CapitalImprovementsProgram, and, WHEREAS, such properties have been appraised by independent appraisers employedforthispurposebytheCityofWichitaFalls, and the amount of the state approvedvalues, 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 AssistantCityManager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS THAT: Section No. 1 The project and properties to be purchased by Warranty Deed are asfollows : F.W.D.R.R. Relocation Warranty Deed 0.4926 acre out of Blocks 8 and 33 of I. Jalonick Addition and a portion of Nineteenth Street closed by Ordinance No. 479. Combined total of values approved in this resolution 21 ,500.00 Section No. 2 The value of such properties are hereby approved and the City ManagerisherebyauthorizedtopurchaseinthenameoftheFortWorthandDenverRailwayCompanyortheCityofWichitaFalls, by Warranty Deed such tracts of land as shown on the projectright-of-way map. The authorized prices to be paid for such tracts are the State approved values as determined from appraisals made by the independent real estate appraisersemployedbytheCityofWichitaFalls. Section No. 3 In the event the City Manager is unable to purchase any such tractforsuchapprovedvalue, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the Fort Worth and DenverRailwayCompanyortheCityofWichitaFalls. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman RussellNays: None Item 6a Bids were awarded as follows for an annual supply of chemicals for water treatmentplant. Alderman Thomas inquired if they felt there was ever any collusion in regard toclosebidding, and do we feel that this it the best system available to us? The CityManagerstatedthatwehavesometimeshadtodrawlotsforidenticalbids, and thatwehavealsojoinedinsomesuitsforchemicalsifwefeeltherehasbeencollusion. Somewehavewon, and some we have not. Generally speaking, we have a competitive situation.Bids are received on a sealed bid basis. a. 100,000 pounds sodium hexametaphosphate - Chemical Supply Company - $31 ,300.b. 580 tons ferrous sulphate (copperas) - Chemical Supply Company - 500 tonbulk - $85.33 ton; 80 ton bags - $114.83 ton. c. 401 ,600 pounds silicate of soda - Chemical Supply Company - 360,000 pounds tank truck - $4.20 cwt. ; 41 ,600 pounds drums - $8.25 cwt. d. 1800 tons quickline - Texas Lime Company - $90,720. 610 Item 6a, cont'd. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 7a RESOLUTION NO. 2130 RESOLUTION APPROVING CHANGE ORDER AND FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF SANITARY SEWER SERVICE FOR CITY VIEW HEIGHTS ADDITION. WHEREAS, the City of Wichita Falls and Bowles Construction Company, as contractor, entered into a contract dated September 6, 1977, wherein said contractor agreed to construct sanitary sewer mains in City View Heights Addition; and, WHEREAS, said construction has been completed in accordance with plans and specifications; and, WHEREAS, a change order and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $172,599.32 of which $154,758.28 has been paid , leaving a balance of $17,841 .04 to be paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the sanitary sewer services in City View Heights Addition is accepted by the City of Wichita Falls, the change order and final estimate are approved , and the City Manager is directed to pay to the contractor the amount shown on such estimate. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 8a Permission was granted to advertise for bids for the 1978 seal coat program. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None j Item 8b Authority was granted to advertise for bids on an estimated annual supply of fluosilicic acid. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Traffic Commission - April 11 , 1978 b. Board of Electrical Examiners - April 11 , 1978 Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 1Oa Tax adjustments were approved in the amount of $1 ,021 .42. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 12a, b, & c Former Mayor Jerry Mathis and former Aldermen Ashbrook and Ryle were presented plaques by Mayor Hill in recognition of their services to the City. Ronald Clark of Public Transportation, was honored as Employee of the Month. He was presented a plaque and two tickets each to a theatre and for a meal . 611 Item 12a, b, & c, cont'd. Mayor Hill also presented 20-year safe driving awards to Harold I.. Fox, Donald A. Hart, Hubert R. Rich, Lawrence L. Schroeder, and Norman V. Derby, all of the Fire Department. vItem lla Steve Ondrejas, Director of Planning, explained that the concept of establishing a historical district was originally proposed in the Midtown 2000 plan. The Wichita County Heritage Society requested the Board of Aldermen to make funds available for a historical district. Depot Square contains a historical district and farmers market. The Planning Board and the Board of Aldermen approved this plan. They began to prepare an ordinance which would establish the depot square district. The design review commission would only be responsible for reviewing architectural plans. It does not control land use. The ordinance establishes an appeal process through the Planning Board and Board of Aldermen. They wanted to be sure that the ordinance would meet the local needs , and also be certifiable by the state and federal government in regard to the tax laws. It was also presented to the Texas Historical Society, and they approved of it. All property owners were notified by letter, as well as the business operators who would be affected. The letter went out on March 27 showing the proposed district, and giving the name of a staff member who would be able to answer questions. Thirty responses were received. Most of them were not "for" or "against" the ordinance, but just to get information. Information was also hand distributed to the businesses downtown. He noted that one person has expressed an objection to him as well as to members of the historical society. The ordinance does not control land use, but addresses itself only to design. Alderman Thomas inquired concerning the cost of this service level , stating that it looks like a lot of the work has already been done. All of them ran for office on the basis of reduced taxes. He inquired if Mr. Ondrejas is sure he will need all of this? The City Manager stated that the staff is not based completely on this project. Other regulatory ordinances are enforced by the Planning Department, such as adult entertainment and the flood control ordinance. Along with the design review commission, an additional staff member will be needed or something else will suffer. In the discussions of the new budget beginning October 1 , they will recommend that a service level be included in the budget to look at these three regulatory ordinances. Alderman Adcock noted that new businesses in the farmers market would bring in more taxes that would help to offset these costs. Alderman McAlister noted that tax incentives would be available to people in the historical district to encourage them to upgrade their property. The public hearing was opened. Robin King appeared as President of Wichita County Heritage Society. She appeared in favor of the historical district and the design review ordinance. She stated that tourism will be improved. Depot Square will give them an opportunity to explore the downtown area. The whole setting must be protected, rather than just a few isolated buildings. No control would be exercised over the use of the buildings. Only the exterior would be affected. Elmer Parish appeared representing Raymond Williams, who owns Lot 11 and 12, Block 162, where City Vending is located. He stated that this is a restriction on his right to use his property. Before he could do any remodeling, alterations, or any addition to his building, he must appear before the commission and get their approval . He noted the constitution of the design review commission, stating that none of them own any property downtown. The historical buildings which they are planning to preserve are a liquor store, vending company, the Holt Hotel , and two other vacant buildings. These are the historical buildings to be preserved in the 700 block of Ohio. He objected to the passage of an ordinance that would prohibit him from making any alterations or additions to the building without getting approval of persons who own no property in the downtown area. He stated that he has found governmental agencies to be non-responsive to individual citizens, and cited an example of this when Lincoln Heights was being constructed. He stated that he also represents Thurman Johnson, owner of property at 7th and Ohio (the old Horseshoe) . Mr. Johnson had some inquiries on the purchase of this lot, but now they are not interested in the property with those proposed restrictions. Susan Dennis appeared as president of the Downtown Association. The primary concern is to generate activity in the downtown area. Downtown is what gives our cities the liveliness and character, which we have. She stated that you don't want your competitors to tell you what to do with your property. You want architects and knowledgable people. The Downtown Association encourages the Council to show their concern in a very positive light the recommendations of the historical society in the design review commission. 612 Item lla, cont'd. J. C. Boyd, Jr. appeared as executive director of Midtown Now, Inc. The executive committee considers the design review commission to be the next step in the development of the midtown area. The activity center, farmers market, and the historical district have all been previously proposed. In August 1976 a design review commission was suggested. Action today cannot be considered hasty. He stated that we are where we are today because we have controls. He sees no reason that anyone who owns property there can do anything but prosper. Charles Harper stated that Tex Cole, who owns a liquor store in the area, is in favor of the ordinance. Mayor Hill again clarified that a design review commission would not control the use of the building, but only the architectural design. Alderman Adcock noted that the commission would only have jurisdiction in a historical district, and that it does not adapt to any overall area. Alderwoman Russell felt that funding of this project would be an asset to Wichita Falls in celebrating its centenniel in 1982. ORDINANCE NO. 3307 AN ORDINANCE CREATING A DESIGN REVIEW COMMISSION FOR THE CITY OF WICHITA FALLS; PROVIDING FOR THE APPOINTMENT OF ITS MEMBERS; PRESCRIBING THE POWERS AND DUTIES OF THE DESIGN REVIEW COMMISSION; DEFINING THE AREA OF WICHITA FALLS IN WHICH THESE POWERS AND DUTIES ARE TO BE ENFORCED; PRESCRIBING THE NUMBER AND QUALIFICATIONS OF ITS MEMBERS AND THEIR,TERM OF OFFICE; ESTABLISHING CRITERIA TO BE USED IN CONSIDERING APPLICATIONS FOR DESIGN REVIEW. Moved by Alderman McAlister that Ordinance No. 3307 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item llb Discussion was held on calling a referendum election on cable television. The City Manager explained the reasons for calling the election at this time. Alderman McAlister again objected to a council called referendum because theyhavealreadymadeadecisiononit. He felt that if the citizens were not happy with their decision, then they should use the procedure set out in the charter to ask for a referendum. If the council desires to extend the period of time for implementing the ordinance, he has no objections to that. Alderman Thomas agreed with Alderman McAlister. Alderman Adcock stated that he has studied this issue extensively, and knows that the previous council spent a lot of time on it. Through a survey taken in the water bills, they had a pretty good idea that there are many people who want cable television. There is, in his opinion, a big issue involved which has been addressed on several occasions regarding obscenity and pornographic movies. He feels that regardless of whether there is a referendum or not, this Council should address itself to this particular issue involved. He feels the former council did a good job on this issue, and is not too familiar with the referendum except what Alderman McAlister has just explained. He would have to say that he would be neutral on what we do about this situation at this time due to previous history of cable television. Alderwoman Russell stated that philosophically she would ordinarily agree with Alderman McAlister in an issue such as this which will not be mandatory; however, she voted in favor of extending a council initiated referendum because they were under a particular set of circumstances which she feels they would be more comfortable with that decision. She noted that the actions of one council are not binding upon another, and that the Council is not bound to do this. The City Manager stated that if the Council desires not to submit this to a referendum, he suggested that an additional 30 days be extended from today. Alderman Smith agreed. Mayor Hill stated that had cable television not come up before, they wouldhaveeveryrighttodoasAldermanMcAlisterhassuggested. Had we never have voted upon it before, it would be an entirely different matter, but the last time people voted on it, it was defeated almost three to one. He feels we would be doing, somethinglegallyright, but not morally right. He does not want to sit up here and keep the people from having the opportunity to vote on it. This is why he believes the Council should initiate it. He is not opposed to cable television, but it is the people's right to vote on it. City Attorney H. P. Hodge mentioned the language on the ballot, noting that 613 Item lib, cont'd. in passage of this ordinance they are actually setting the language to appear on it. ORDINANCE NO. 3308 ORDINANCE CALLING A REFERENDUM ELECTION ON ORDINANCE NO. 3305 (CATV) AND SUSPENDING THE EFFECT OF THE ORDINANCE UNTIL THE REFERENDUM ELECTION. Moved by Alderman Smith that Ordinance No. 3308 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Alderwoman Russell , Aldermen Smith and Adcock Nays: Aldermen McAlister and Thomas Alderman Adcock mentioned the question of whether the Council should address itself to the obscenity matter before August 12. He feels very strongly that that will have an effect on whether it is passed. The City Manager stated that we do have an option on the recommendations Mr. Collett presented. They will provide a copy of this to the Council and then proceed from the guidelines established. Alderman McAlister stated that we are only able to put into the CATV franchise what the FCC will allow and what Vista would voluntarily provide. This would not fit into it, and they will have to address it separately. Alderman Smith would like to see a work-up on all options available. Item 13a A proposed resolution was presented amending the contract with Killebrew-Rucker Associates for design of pedestrian improvements in the 1976 program. RESOLUTION NO. 2131 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH KILLEBREW/RUCKER/ASSOCIATES FOR ARCHITECTURAL SERVICES RELATED TO PEDESTRIAN IMPROVEMENTS IN THE MIDTOWN AREA. WHEREAS, Killebrew/Rucker/Associates is currently under contract with the City of Wichita Falls for the design of three intersections in the midtown area included in the 1976 Community Development Block Grant Program; and, WHEREAS, the improvement of two additional intersections are included in the 1977 Community Development Block Grant Program; and, WHEREAS, one of these intersections, Eighth and Indiana, is adjacent to the intersections under contract to Killebrew/Rucker/Associates. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is hereby authorized and directed to execute an amendment to the contract with Killebrew/Rucker/Associates , signed March 1 , 1978, so that such contract shall include the design of one additional intersection, at Eighth and Indiana Streets. Such amendment shall amend Subparagraphs 1 and 4 of Paragraph B of said contract to read as follows: 1 ) For his basic service seven percent of the project construction costs, herein referred to as the Basic Rate, the work to be let under a single lump sum contract, architectural fees for project construction and cost of construction not to exceed $67,000.00. " 4) For completion of schematic plans as defined in Attachment I for six block spaces, the Owner agrees to pay Architect the sum of $3,600.00." Subparagraph 3 of Paragraph C of said contract shall be amended to provide that the services shall be completed by May 15, 1978. Moved by Alderman McAlister that Resolution No. 2131 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None 614 Item 13b A proposed resolution was presented authorizing a contract with Pardue and Associates for design of pedestrian improvements in the 1977 program. RESOLUTION NO. 2132 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PARDUE AND ASSOCIATES FOR ARCHITECTURAL SERVICES RELATED TO PEDESTRIAN IMPROVEMENTS IN THE MIDTOWN AREA. WHEREAS, the concept of pedestrian improvements in the midtown area has received wide community support; and, WHEREAS, pedestrian improvements are included in the MIDTOWN 2000 Plan; and , WHEREAS, the concept of pedestrian improvements in the midtown area was approved by the Board of Aldermen during Community Development Block Grant Public Hearings; and, WHEREAS, the Board of Aldermen approved the expenditure of funds for this purpose; and, WHEREAS, Pardue and Associates is currently under contract for the design of the renovation of the Activity Center, providing continuity of urban design for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is authorized and directed to enter into a contract with Pardue and Associates for the design of intense beautification of the intersection of 10th and Indiana, based on the contract and scope of services which are attached hereto. Moved by Alderman McAlister that Resolution No. 2132 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 13c A proposed resolution was presented amending the architectural contract with Michael Maloney for Farmers Market. Alderman Thomas feels the second fee is out of line. The City Manager stated that the first fee is based on a percentage cost. The additional fee is based on 2.25 times direct personnel expenses. It would cost more if the total is based on percentage costs. v RESOLUTION NO. 2133 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF WICHITA FALLS AND MICHAEL 0. MALLONEY -- ARCHITECT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Contract, a copy of which is attached hereto, between the City of Wichita Falls and Michael 0. Maloney, concerning services in the design of the Farmers Market, 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. 2133 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 13d Discussion was held on the appraisal and purchase of the Wichita Theatre and adjacent midtown property. Alderman Thomas inquired why we would want to pay $50,000 for it when they will probably give it to us for tax write off purposes? The City Manager stated that he had not asked them to completely donate the property to the City. 615 Item 13d, cont'd. He explained that we have to make them an offer under the guidelines of the Community Development Block Grant Program. Aldermen Adcock and Russell wanted to be sure that if they choose not to donate the property then it would still be negotiable. Alderman McAlister believes that we have adequate time to negotiate. Alderwoman Russell would like to see some effort to retain the equipment which is there now. RESOLUTION NO. 2134 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR MIDTOWN IMPROVEMENTS PROJECT. WHEREAS, it is necessary to acquire the property hereinafter described for the Midtwon Improvements Project; and, WHEREAS, such property has been appraised by an independent appraiser employed by the City for this purpose, and the amount of this appraisal has been studied by the Board of Aldermen, and a copy of same is now in the possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following property in Wichita Falls, Texas for the Midtown Improvements Project: WARRANTY DEED Lots 8 and 9, Block 182, Original Townsite The total of value approved in this resolution 75,600.00 Section No. 2 The approved value of such property is hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tract of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tract is the value as determined by the appraisal made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section 2, if the acquisition of such property makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b, Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls , Texas. He is further authorized , when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated costs of condenmation. Moved by Alderman McAlister that Resolution No. 2134 be passed, subject to V negotiations for donation of the building, and purchase of equipment. Motion seconded by Alderwoman Russell , and carried by the following vote: AW Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Alderman McAlister left the council meeting, and a five minute recess was called. Item 13e A proposed resolution was presented approving a contract for athletic league officials. RESOLUTION NO. 2135 RESOLUTION APPROVING CONTRACT WITH NORTH CENTRAL TEXAS UMPIRES ASSOCIATION. 616 Item 13e, cont'd. 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 the North Central Texas Umpires Association, is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2135 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 14a Authority was requested to advertise for bids for pedestrian improvements in Midtown area. Moved by Alderman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Alderwoman Russell , and carried unanimously. 1Item 15a Alderwoman Russell gave a report on the activities center plans, cost, and funding. She stated that on a previous survey, 70 percent of those who responded were interested in the activities center. Organizations were surveyed on needs, and a hearing was also held. She stated that the first phase will cost $1 ,840,000. She requested an additional $500,000 out of next year's general revenue sharing funds, which included $19,000 for contingencies. She requested that public hearings be held in May for this appropriation, although they will not be available until October 1978, and not needed until calendar year 1979. Moved by Alderwoman Russell that we proceed with public hearings in May for the appropriation of revenue sharing funds in the amount of $500,000. Motion seconded by Alderman Smith. Following a question by Alderman Thomas, the City Manager explained the funding process. The motion was carried unanimously. It was the consensus of the Council to have the architect begin final plans and specifications for construction. The City Manager mentioned a public hearing for funding the farmers market. Moved by Alderman Thomas that we add to the public hearing an appropriation of 100,000 for the farmers market. Motion seconded by Alderwoman Russell , and carried unanimously. v I tem 15d Ron Prado, 1655 Lucille, requested consideration in the choosing of minorities for appointments to boards and committees. He stated that he has noticed the absence of Mexican Americans serving on these boards. Mr. Prado was requested to furnish some suggested names to the City Manager's office or to the Council . Charles Harper requested consideration of an architect to the Planning Board. The Council went into executive session at 11 :30 A.M. to discuss board appointments , and returned at 12:00 P.M. Items 15b & c Moved by Alderman Thomas that the following appointments be made to the Mayor's Commission on the Status of Women, with expiration dates as shown. 617 Items 15b & c, cont'd. Sally Reid - April 22, 1979 Beth Tayntor - April 22, 1980 Peggy McCullough - April 22, 1980 Dorothy O'Brien - April 22, 1980 Betsy Harper - April 22, 1980 Melba Harvill - April 22, 1980 Sara Douthit - April 22, 1980 Carol Campbell - April 22, 1980 Motion seconded by Alderman Adcock, and carried unanimously. v Moved by Alderman Thomas that the following be appointed to the Planning Board. a. Louise Hunter (reappointed) - term to expire May 23, 1981 b. Andy Carron and Charles Dunham - terms to expire May 23, 1981 Motion seconded by Alderman Adcock, and carried unanimously. Moved by Alderwoman Russell that Jacque Allen be reappointed Chairman of the v Planning Board for a term to expire May 23, 1979. Motion seconded by Alderman Thomas , and carried unanimously. Moved by Alderman Adcock that Alderwoman Russell be appointed Mayor Pro tem. Motion seconded by Alderman Thomas, and carried unanimously. Moved by Alderman Thomas that the following Council members be appointed as liaison to boards and commissions , as shown. Nortex Executive Committee, Alderwoman Russell Nortex General Membership Committee, Aldermen Thomas, Smith, and Adcock City-County Hospital Board, Alderman McAlister Mayor's Commission on the Status of Women, Alderwoman Russell Data Access Control Board, Alderman Bassett Airport Advisory Board, Alderman Thomas Charter Commission, Alderman McAlister Park Board, Alderman Smith Mental Health Mental Retardation Board of Trustees , Alderman Bassett Traffic Commission, Alderman Bassett Planning Board, Alderman Adcock Policy Committee on Urban Transportation Plan, Alderman Thomas Motion seconded by Alderman Smith, and carried unanimously. The City Manager noted that work sessions need to be scheduled on solicitation ordinance amendments, transit system, bus tour of city facilities for Council , and zero base budget process . Mayor Hill would also like for them to look at part of the Holliday Creek project. Dates will be confirmed. Alderwoman Russell spoke for Alderman McAlister and herself regarding a policy on ethics for members of the Council . She requested that a policy be brought to them which they can adopt. The Board of Aldermen adjourned at 12:15 P.M. PASSED AND APPROVED this day of 7 %s__ 1978. f MAYOR ATTEST: C TY CLERK STATE OF TEXAS KNOW ALL MEN elY THESE PRESENTS: COUNTY OF WICHITA This agreement made as of the day of in the year Nineteen Hundred and Seventy-eight by and between the City of Wichita Falls, hereinafter called the Owner, and Pardue and Associates, hereinafter called the Architect, witnesseth that whereas the Owner intends to include the designs and plans for intense beautification of the intersection at 10th and Indiana; NOW, THEREFORE, THE OWNER AND THE ARCHITECT FOR THE CONSIDERATIONS HEREIN- AFTER SET FORTH AGREE AS FOLLOWS: A. WHEREAS the Owner desires to engage the Architect to render certain technical or professional services hereafter described in connection with an under- taking which is expected to be financed under a Community Development Block Grant: B. The Owner agrees to pay the Architect as compensation for his services: 1) For his basic service seven percent (77.) of the project- construc- tion costs, hereinafter referred to as the Basic Rate, the work to be let under a single lump sum contract, architectural fees for project construction and cost of construction not to exceed $20,000. 2) For extra service defined in Article II hereinafter, the owner agrees to pay the Architect 2.5 times the Direct Personnel Expense as defined in Paragraph 16. 3) Reimbursable expense as defined hereinafter in Paragraph 16 to the amount expended. C. The parties hereto further agree to the following conditions: 1) Employment of Contractor. The Owner hereby agrees to engage the Architect and the Architect hereby agrees to perform in cooperation with the Owner the services hereinafter set forth in Attachment I. 2) Personnel. a) The Architect represents that .he has, or will secure at his own expense, all personnel required in performing the services under this con- tract. Such personnel shall not be employees of or have any contractual rela- tionship with the Owner. b) All of the services required hereunder will be performed by the Architect or under his supervision, and all personnel engaged in the work shall be fully qualified and shall he authorized under State and local law to perform such services . c) The Architect will submit to the Owner a list of all employees, their positions and rate of pay. d) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the Owner. 3. Time of Performance. The services of the Architect are to commence as soon as practicable after the execution of this Contract and shall he under- taken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the ser- vices required in phases 1 through 5 shall be completed by May 15, 1978. 4. Equal Employment Opportunity. a) The Architect will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Architect shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Architect agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this non-discrimination clause. The Architect will in all solicitations on advertisements for employees placed by or on behalf of the Architect, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Architect will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon such sub- contractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. b) The Architect shall keep such records and submit such reports concerning the racial and ethnic origin of applicants and employees as the owner may require. c) The Architect agrees to comply with such rules , regulations , or guidelines as HUD may issue to implement this project. 5. Interest of Members of Owner and Others. No officer, member or employee of the Owner and no members of its governing body, and no other pub- lic official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or res- ponsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, part- nership, or association in which he is, directly or indirectly interested or has any personal or pecuniary interest, in this Contract or the proceeds thereof. 6. Assignability. The Architect shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or notation) without the prior written consent of the Owner thereto; Provided, however, that claims for money due or to become due to the Architect from the Owner under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner. 7. Interest of Architect. The Architect covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed of this Contract. The Architect further covenants that in the per- formance of this Contract no person having any such interest shall be employed. 8. Findings Confidential. Any reports, information, data, etc. , given to or prepared or assembled by the Architect under this Contract which the Owner requests to be kept as confidential shall not be made available to any individual or organization by the Architect without the prior written approval of the Owner. 9. Officials Not to Benefit. No members of or delegate to the Congress of the United States of America, and no resident commissioner, shall be admit- ted to any share or part hereof or to any benefit to arise herefrom. 10. Identification of Documents . All reports, maps, and other documents completed as a part of this Contract, other than documents exclusively for in- ternal use within the Owner, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block containing the name of the Owner). The preparation of this report, map, document, etc. was financed by General Revenue Sharing funds from the Office of Revenue Sharing, together with the Date (month and Year) the document was prepared and the name of the munici- pality, metropolitan area, or other planning area concerned. 11. Publication. Reproduction and Use of Material. No material pro- duced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The Owner and HUD shall have restric- ted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. 12. Audits and Inspections. At any time during normal business hours and as often as the Owner, HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the Owner, and/or representatives of the Comptroller General for examination all of the architect's records with respect to all matters covered by this Contract and will permit the Owner, HUD, and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. 13. Amendments. Changes and amendments may be made to this contract by mutual written consent. 14. The Owner's Responsibilities a. The Owner shall provide full information as to his requirements for the Project. b. He shall designate, when necessary, representatives authorized to act in his behalf. He shall examine documents submitted by the Architect and render decisions pertaining thereto promptly, to avoid unreasonable delay in the pro- gress of the Architect's work. He shall observe the procedure of issuing orders to contractors only through the Architect. c. He shall furnish or direct the Architect to obtain at the Owner's ex- pense, a certified survey of the site, giving as required, grades and lines of streets, alley, pavements, and adjoining property, rights of ways, res- trictions, easements, encroachments, deed restriction, boundaries, and con- tours of the building site; locations, dimensions, and utility lines both public and private; and test borings and pits necessary for determining subsoil conditions. d. He shall pay for structural, chemical, mechanical, soil mechanics or other tests and reports . e. He shall arrange and pay for such legal and auditing services as may be required for the Project. f. He shall pay for such special preservation services as may be required for the project. g. If the owner observes or otherwise becomes aware of any defect in the Project, he shall give prompt notice thereof to the Architect. 15. Project Construction Cost a. Project construction cost herein referred to means the total cost of all work designed or specified by the Architect, but does not include any payment made to the Architect or consultants. b. Project construction cost shall be based upon one of the following sources with precedence in the order listed: i) Lowest acceptable bona fide Contractor's proposal received for any or all portions of the Project. ii) Estimate of project construction cost as defined in paragraph d) below. iii) The Architect's latest estimate of probable project construction cost shall include such labor and material at current market cost. c. When labor or material is furnished by the Owner, the project construction cost shall include such labor and material at current market cost. d. If a fixed limit of project construction cost is stated herein, or if otherwise authorized by the Owner, estimates of the project construction cost prepared in semi-detailed or detailed form by an experienced estimator will be secured by the Architect during the Design Development or Construction Docu- ments Phase. e. If the estimated project construction cost or the lowest bona fide proposal is in excess of any limit stated herein, the Owner shall give written approval of an increase in the limit, or he shall cooperate in revising the project scope of quality, or both, to reduce the cost as required. 16. The Architect's Expense a. Direct Personnel Expense includes that of principals and employees engaged on the Project including architects, engineers, designer, job cap- tains, draftsmen, specification writers, typists and Project Representatives, in consultation, research, designing, producing drawings, specification and other documents pertaining to the Project, and services during construction at the Project site. Employees' time shall be at their regular rates of pay. b. Reimbursable Expense includes actual expenditures made by the Archi- tect in the interest of the Project for the following incidental expenses. i) If authorized in advance by the Owner, the expense of Project Representative, overtime work requiring higher than regular rates, semi-detailed and detailed estimates of project construction cost, perspectives or models for the owner's use. ii) If their employment is authorized in Advance by the Owner, fees of special consultants, for other than the normal structural, mech- anical and electrical engineering services. 17. Payment to the Architect a. Payment on accounts of the Architect's basic services shall be as follows: i) A primary payment of 5 per cent of the compensation for basic services, payable upon the execution of the Agreement, is the min- imum payment under the Agreement. ii) Subsequent payments shall be made monthly in proportion to services performed to increase the compensation for basic services to the following percentages at the completion of each phase of the work: 1) Schematic Design Phase 15% 2) Design Development Phase 35% 3) Construction Documents Phase 75% 4) Receipt of Bids 80% 5) Construction Phase 100% b. Payments for extra services of the Architect as defined in Article II and for Reimbursable Expense as defined in Paragraph 16 shall be made monthly upon presentation of Architect's detailed invoice. c. No deduction shall be made from the Architect's compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. d. If any work designed or specified by the Architect during any phase of service is abandoned or suspended in whole or in part, the Architect is to be paid for the service performed on account of it prior to receipt of written notice from the Owner of such abandonment or suspension together with reim- bursements then due any terminal expense resulting from abandonment or sus- pension for more than three months. 18. Accounting Records of the Architect Records of the Architect's Direct Personnel, Consultant, and Reim- bursable Expense pertaining to this Project and records of accounts between the Owner and Contractor shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 19. Termination of Agreement This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accord- ance with its terms through no fault of the other. In the event of termination, due to the fault of persons other than the Architect, the Architect shall be paid for services performed to termination date, including reimbursements then due, plus terminal expense. 20. Ownership of Documents Drawings and specifications as instruments of service are the prop- erty of the Architect whether the project for which they are made is executed or not. They are not to be used on other projects except by agreement in writing. 21. Successors and Assigns The Owner and the Architect each binds himself, his partners, suc- cessors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agree- ment without the written consent of the others. 22. Arbitration Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and shall be in accordance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of the American Institute of Architects. This Agreement shall be specifically enforceable under the prevailing arbitration law and judgement upon the award rendered and may be entered in the court of the forum, state or federal, having jurisdiction. The decisions of the arbitrators shall be a condition pre- cedent to the right of any legal action. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first above written ATTEST: CITY OF WICHITA FALLS, TEXAS BY: City Clerk Gerald G. Fox, City Manager ATTEST:ARCHITECT BY: Approved as to form: City Attorney Funds available and encumbered: Director of Finance Attachment I SCOPE OF SERVICES PEDESTRIAN IMPROVEMENTS I. Basic Service of the Architect 1. The scope of services of the Architect under this contract shall be the rendition of those architectural services hereinafter set out in connection with the design and construction of pedestrian improvements at the intersection of Tenth and Indiana Streets in Wichita Falls, Texas. 2. The Architect shall meet with potential participating agencies and private property owners and conduct required research and analysis. This will involve conferences with various agancies and with the City staff. 3. The Architect shall review preliminary site analyses prepared by the Planning Division and make any necessary modifications. 4. Schematic Design Phase a) The Architect shall consult with the City to ascertain the requirements of the project and shall confirm such requirements to the City. b) The Architect shall prepare, review, and amend schematic design studies leading to a recommended solution together with a general description of the Project for approval by the City. c) The Architect shall prepare the plans in accordance with applicable Federal standards. These shall include but not be limited to the Architectural Barriers Act. d) The Architect shall submit to the City a statement of the probable project construction cost based on current area, volume or other unit cost. 5. Design Development Phase a) The Architect shall prepare from the approved schematic design studies the design development documents consisting of plans, elevations and other drawings, and outline specifications, and to fix and illustrate the size and character of the entire Project in its essentials as to kind of material, type of structure, mechanical and electrical systems and such other work as may be required. b) The Architect shall submit to the City a further statement of the probable project construction cost and, if authorized by the City, obtain a semi-detailed estimate of such cost. 6 . Construction Documents Phase a) The Architect shall prepare from the approved design development documents, working drawings, and specifications setting forth in detail and prescribing the work to be done, and the materials, work- manship, finishes, and equipment required for the architectural, structural, mechanical, electrical, service-connected equipment, and site work, and the necessary bidding information, General Conditions of the Contract, and Supplementary General Conditions of the Contract, and shall assist in the drafting of proposal and contract forms. b) The Architect shall keep the City informed of any adjustments to previous statements of the probable project construction cost indi- cated by changes in scope, requirements, or market conditions. c) The Architect shall be responsible for filing the required documents to secure approval of governmental authorities having jurisdiction over the design of the Project. d) The Architect shall comply with Federal standards of the Department of Housing and Urban Development. 7. Construction Phase - General Administration of Construction Contracts a) The Architect shall assist the City in obtaining proposals from Con- tractors and in awarding and preparing construction contracts. To the extent provided by the Contract between the City and the Con- tractor, the Architect shall make decisions on all claims of the City and Contractor and on all other matters relating to the execu- tion and progress of the work or the interpretation of the Contract Documents. b) The Architect shall check and approve samples, schedules, shop draw- ings and other submissions only for conformance with the design con- cept of the Project and for compliance with the information given by the Contract Documents, prepare change orders and assemble written guarantees required of the Contractors. c) The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the General Documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work and he will work in accordance with the Contract Docu- ments. During such visits and on the basis of his observations while at the site, he will keep the City informed of the progress of the work, will endeavor to guard the City against defects and deficien- cies in the work of Contractors, and he may condemn work as failing to conform to the Contract Documents. Based on such observations and the Contractors' Applications for Payment, he will determine the amount owing to the Contractor and will issue Certificates for Payment in such amounts. These Certificates will constitute a re- presentation to the City, based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate for Payment, the Architect will also represent to the City that, to the best of his knowledge, information and belief based on what his observations have revealed, the quality of the work is in accordance with the Contract Documents. He will conduct inspections to determine the dates of substantial and final completion and issue a final Certi- ficate for Payment. d) If more extensive representation at the site is required, the con- ditions under which such shall be furnished and Project Represen- tative selected, employed and directed, shall be agreed to by the City and the Architect. e) Upon completion of construction, the Architect shall furnish a set of "as built" drawings to the Owner, along with the original copies of all warrantees and guarantees. II. Extra Service of the Architect The following services, if performed due to unusual circumstances, cause the Architect extra expense, shall be paid for by the Owner as a multiple of Direct Personnel expense. 1. Making planning surveys and special analyses of the Owner's needs to clarify requirements of the Project when requested by the Owner. 2. Revising previously approved drawings or specifications to accomplish changes ordered by the Owner. 3. Consultation concerning replacement of any work damaged by fire or other cause during construction and furnishing professional services of the types set forth in paragraph C.1. , as may be required in connection with the replacement of such work. M1 STATE OF TEXAS X COUNTY OF WICHITA X FIRST AMENDMENT TO CONTRACT Whereas, the City of Wichita Falls and Michael O.Maloney -- Architect entered into a contract dated the 1stdayofMarch, 1977, in which the City engaged the architecttorendercertainservicesconcerningthedesignoftheFarmersMarketintheDepotSquarehistoricaldistrict; anWhereas, the architect completed one set of and, through the construction documents phase; bids for con- struction were taken, and the low bid was much more thantheamountbudgetedfortheproject; and, Whereas, on February 7 , 1978 the Board of Aldermen authorized an expanded farmers market by approving anincreasedtotalprojectbudgetof $300, 000. 00, and the architect was instructed to redesign the Farmers Market;and, Whereas, the parties desire to amend the contract with regard to the fee to be paid to architect. NOW, THEREFORE, the parties hereto do hereby agree asfollows: 1. Subparagraph 1 of Paragraph B of the above contract is hereby amended to read as follows: 1) For his basic service architect shall be paidthesumof $17 ,185 . 00. The total cost of construction a renovation shall not exceed $300, 000. 00. " and 2. Subparagraph 3 of Paragraph C is hereby amended sothatthedateofcompletionshallbeMay30 , 1978 ratherthanJune30, 1977. 3. For his services in redesigning the Farmers MarketresultingfromtheBoardofAldermen ' s action of February7 , 1978 , architect shall be paid an additional fee for ex rservicet a which shall be an amount equal to 2 . 25 times the Direct Personnel Expense as defined in Subparagraph 16 ofParagraphCofsaidcontract; except, however, services during construction at the project site shall not be consid-ered as extra service, and the additional fee shall not becalculatedonsuchservices. Services during construction at the project site shall be part of the architect ' s basicservices, for which he is being paid the flat fee set out inParagraph1above. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the day of 1978. City of Wichita Falls, Texas By: Gerald G. Fox, Citys rianager ATTEST: City Clerk Approved as to form: City Attorney Michael 0. Maloney -- Architect 2 - 2 / 36- THE STATE OF TEXAS X COUNTY OF WICHITA X This agreement made and entered into this the 18th dayofApril, 1978 , by and between the City of Wichita Falls, Texas , hereinafter called City,y, and the North Central TexasUmpiresAssociation, hereinafter called Association, WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : 1. Association shall furnish umpires , referees and scorekeepers for basketball, softball and flag football games in the City leagues during the term of this contract. 2. City shall pay to Association for such services thefollowingfees : basketball : 8. 00 per official per game in mens ' City and churchleagues. 7. 00 per official per game in senior boys ' church league.. 3. 00 erP game for scorekeeping in all leagues. softball (summer and fall) : 6. 00 per official per game in all leagues and play offs. 3 . 00 per game for scorekeeping in all leagues, play offs and tournaments. 7. 00 per official per game for all tournaments and regional play offs. 8. 00 per official per game during the last four ames of all play off series. 5 flag football 6. 00 per official per game. 10. 00 per official per game in regional play offs. 3. The City shall pay the Association for their ser- vices upon submission of bills therefor. Association shall return to City all monies which were paid for services which were not used. 4 . Association shall enforce all rules for league play and the rules contained in the current rule books for the sport being officiated. 5. This agreement shall be effective for the 1978 sea- son, for the period from March 1, 1978 to February 28 , 1979. In testimony whereof the parties hereto have caused these presents to be executed as of the day and year first set out above. City of Wichita Falls, Texas By: Gerald G. Fox, City Manager ATTEST: Wilma J. Thomas , City Clerk North Central Texas Umpires Association By: Bobby Treace, President 2 -