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Min 06/06/1978634 Wichita Falls, Texas Memorial Auditorium Building June 6, 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 Fred E. Bassett Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by W. C. Harting, St. Paul Lutheran Church. Item 3 Moved by Alderman McAlister that minutes of the meeting held May 16, 1978 be approved. Motion seconded by Alderman Thomas , and carried unanimously. Items 4a-9e Moved by Alderman Bassett that Items 4a through 9e on the Consent Agenda be approved. Motion seconded by Alderman Adcock. Item 4a ORDINANCE NO. 3317 ORDINANCE CLARIFYING THE INTENT OF THE BOARD OF ALDERMEN IN THE ADOPTION OF ORDINANCES NO. 3260 AND 3261 RELATIVE TO CREATION OF THE AUDITORIUM- ACTIVITIES CENTER FUND. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None 1/Item 5a ORDINANCE NO. 3318 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF WISCONSIN AVENUE WITHIN WESTMORELAND PARK AND ADJACENT PROPERTIES ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 5b ORDINANCE NO. 3319 ORDINANCE ACCEPTING IMPROVEMENTS OF THE TWENTY-FOUR (24) UNITS OF THE 1976 COM11UNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 3093 DECLARING THE CONTRACT WITH ZACK BURKETT COMPANY, GRAHAM, TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE 635 Item 5b, cont'd. 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, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None v Item 6a RESOLUTION NO. 2147 A RESOLUTION APPROVING AN EASEMENT FOR ELECTRIC DISTRIBUTION LINE TO TEXAS ELECTRIC SERVICE COMPANY AT THE MARTIN LUTHER KING MULTI-PURPOSE CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement, a copy of which is attached hereto, for a right-of-way for an underground electric distribution line, consisting of a pole mounted transformer, and all necessary or desirable appurtenances, at the Martin Luther King Multi-Purpose Center, from the City of Wichita Falls to Texas Electric Service Company, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 6b RESOLUTION NO. 2148 RESOLUTION APPROVING EASEMENT TO THE TEXAS PIPE LINE COMPANY FOR A CATHODIC RECTIFIER UNIT IN JAYCEE PARK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement, a copy of which is attached hereto, to The Texas Pipe Line Company for a cathodic rectifier unit in Jaycee Park is hereby approved , and the City Manager is hereby authorized to execute and deliver the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None vVItem 7a The bid for clinic and office equipment in Martin Luther King Multi-Purpose Center was awarded to Dalsen, Inc. , in the amount of $4,400. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None iltem 7b The low bid for 160,000 pounds fluosilicic acid for water purification was awarded to Chemtech Industries, Inc. in the amount of $5,772.80. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 7c The low bid for signal cable was awarded to T. W. Communications Corporation in the amount of $1 ,294, and the low bid on detector cable was awarded to Clifford 's of Vermont, Inc. , in the amount of $2,692.92. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None 636 Item 8a Authority was granted to advertise for bids for construction of restrooms and concession stand at Hamilton Park. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 8b Authority was granted to advertise for bids for 350 tons of liquid chlorine for water purification. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 9a-e Minutes of the meetings of the following boards and commissions were received. a. Mayor's Commission on Status of Women - May 11 , 1978 b. Plumbing Advisory Board - May 17, 1978 c. Aviation Advisory Board - May 17 , 1978 A. Park Board - May 23, 1978 P. Planning Board - May 10, 1978 Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None J Item 10a The public hearing was opened on hazardous structures. J. A. Stanfill , 1006 13th, stated that he would like to get a building permit today and rehabilitate the structure. He stated that it will take him about 60 days to complete it. Frank Gonzales appeared for Spanish Assembly of God Church U.S.A. He stated that they do not intend to use the building any more, but cannot say at this time what they are going to do with it. They are not able to demolish it. Mr. McBee explained that they began working with other owners of this property. He noted that some people will demolish a structure for salvage only. ARDINANCE NO. 3320 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3320 be passed, and that Mr. Stanfill be granted an additional 30 days and the Spanish Assembly of God Church U.S.A. be granted an additional 60 days. Motion seconded by Alderman Smith, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item lOb A public hearing was opened on general revenue sharing funds for 1978-79 entitlement period. Ralph Dunkelberg appeared representing the tennis association. He requested that the revenue sharing funds as contained in the parks and recreation budget be left intact. He stated that they are donating $3,000 to the Park Department for completion of the work on the tennis courts. Alderwoman Russell thanked the tennis association for their support. The City Manager explained that funds for this request will be considered in October at a public hearing. 637 Item lOb, cont'd. Don Stout appeared as President of the Weeks Park Golf Association, stating that he would like the Council to consider the golf course in revenue sharing funds. He stated that it needs a watering system and dirt improvements made on bare spots. The City Manager suggested that he work with the parks and recreation staff for Weeks Park Golf Course improvements from revenue sharing or budgeted funds. The City Manager further explained that although the monies go into the general fund, the expenses generally equal the money taken in. ORDINANCE NO. 3321 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Adcock that Ordinance No. 3321 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None ORDINANCE NO. 3322 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Smith that Ordinance No. 3322 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item lla Valeta Givens , of the Data Processing Department, was honored as employee of the month for June. Mayor Hill presented her with a plaque and dinner tickets for two. vI tem l l b T. R. Locke, Jr. appeared as Division Manager for Texas Electric Service Company. He presented a request for a $110 million increase in revenues , with an overall average of 24.4 percent. They are reducing their need for natural gas by constructing lignite and nuclear powered plants. In order to build these plants, they must borrow from people willing to invest in Texas Electric Service Company, and their earnings must cover all their costs, including paying investors a return on their savings competitive with other investments. All the money cannot come from customers' monthly bills. The stockholders are continuing to draw dividends. Mayor Hill inquired why they do not increase their internal revenue to secure some of their costs, rather than from the customer? Mr. Locke stated that if this request is granted, they hope it will take them through 18-24 months before another increase will be needed. The City Manager recommended that the rate increase request be suspended for 120 days. This would allow for study by the staff, and also the City would probably join with other TESCO cities in a joint appearance before the Public Utilities Commission. RESOLUTION NO. 2149 RESOLUTION SUSPENDING THE OPERATION OF TEXAS ELECTRIC SERVICE COMPANY'S PROPOSED INCREASE IN RATES FOR 120 DAYS. WHEREAS, on May 30, 1978, Texas Electric Service Company filed with the City of Wichita Falls a statement of intent to increase its rates , which shows the proposed effective date of such rate increase as July 5, 1978; and, WHEREAS, the detailed data with which Texas Electric Service Company seeks to support their request is documented in several thick volumes of testimony, figures and calculations, and it will take the City staff a lengthy period of time to read and study this great mass of data and to make a recommendation to the Board of Aldermen regarding the rate request. 638 Item lib, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: The operation of the proposed schedules for increased rates are hereby suspended for a period of 120 days beyond the date on which the schedules of rates would other- wise go into effect; this suspension period will end on November 2, 1978. Moved by Alderman Bassett that Resolution No. 2149 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Moved by Alderman Thomas that the City Manager be authorized to join with other TESCO cities in an intervention before the Public Utilities Commission. Motion seconded by Alderman Adcock. Alderman McAlister stated that he is not in favor of getting consulting advice from the same company that gave it last year. He stated that they were totally off base in assumption and forecasting. Alderman Smith was in favor of letting Mr. Fox secure the Y consultant. The motion was carried by the following vote: Ayes : Mayor Hill , Aldermen Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : Alderman McAlister Item 15a A proposed resolution was presented awarding the contract for security holding room at the airport. RESOLUTION NO. 2150 A RESOLUTION AWARDING CONTRACT TO BOBBY WALLACE CONSTRUCTION COMPANY FOR CONSTRUCTION OF SECURITY HOLDING ROOM IMPROVEMENTS AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of a Security Holding Room at Wichita Falls Municipal Airport; and, WHEREAS, four bids were received, and it is found that the low bid of Bobby Wallace Construction Company in the amount of $43,900 is the lowest and best bid; and, WHEREAS, the City of Wichita Falls has negotiated with Bobby Wallace Construction Company to reduce the total project cost to $36,905. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Said bid of Bobby Wallace Construction Company in the amount of $43,900 and the subsequent negotiated reduction to $36,905 is hereby accepted 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 Bobby Wallace Construction Company in the amount of $36,905 for the construction of a Security Holding Room at Wichita Falls Municipal Airport. Moved by Alderman Thomas that Resolution No. 2150 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 12a Proposed appropriation ordinances were presented pertaining to revenue sharingfundsforairportsecurityroomimprovements. 639 v Item 12a, cont'd. VORDINANCE NO. 3323 ORDINANCE AMENDING GENERAL REVENUE SHARING APPROPRIATIONS. Moved by Alderman Bassett that Ordinance No. 3323 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None ORDINANCE NO. 3324 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Smith that Ordinance No. 3324 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 13a Alderman Smith stated that the Chairman of the Park Board would like to review more fully the proposed ordinance to prohibit consumption of alcoholic beverages in Hamilton, Loch Lomond, and Scotland Parks. Moved by Alderman Smith that this matter be referred back to the Park Board for their formal consideration, and then brought back to the Council . Motion seconded by Alderwoman Russell , and carried unanimously. Item 13b A proposed ordinance was presented extending the Wichita General Hospital financial support contract. Funding beyond October 1 , 1978 will be addressed later. ORDINANCE NO. 3325 ORDINANCE EXTENDING CONTRACT BETWEEN THE CITY AND WICHITA COUNTY-CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD RELATIVE TO OPERATION OF WICHITA GENERAL HOSPITAL. Moved by Alderman Thomas that Ordinance No. 3325 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13c Consideration was given to a proposed new solicitation control ordinance. City Attorney H. P. Hodge explained the background of this proposal , stating that Henry Anderson, representing the Kirby Company, had previously requested that the ordinance be repealed, or that some changes be made. About seven months ago, the Council requested the staff to place the ordinance in a moratorium, and not enforce it. Police Chief Curtis Harrelson explained that the ordinance would give us the opportunity to check on the people who use our living rooms as a showroom for their merchandise. He noted that summer months bring on more home repair and termite control approaches who prey on older people. Magazine and book solicitors are also more prevalent this time of year. Alderman Smith felt that it would make it hard on local people. Mr. Hodge noted that the fee seemed to be one of the biggest problems before. 640 Item 13c, cont'd. Henry Anderson, attorney for the Kirby Company, stated that the fee was prohibitive because of the turn over. He explained that the party which should be responsible for the employees is the employer. He suggested that identification be supplied by the employer, and that solicitors be registered with the City Clerk. He objected to the $5.00 fee for each solicitor because of the turn over. He feels that first we should consider whether we need it, and if so, then change Section 10 to provide for a fee of $1 .00 instead of $5.00 for each employee. Alderman McAlister does not feel that the ordinance is needed, nor do we have the ability to enforce it. Alderman Adcock believes that it is needed , and agrees that the company should be responsible for its people. City Clerk Wilma Thomas recommended that an additional subsection to Section 7 be added to provide for a reference letter from a Better Business Bureau or Chamber of Commerce from the city in which the principal office of the company is located. Alderman Bassett felt that a letter of reference from a bank should also be included. ORDINANCE NO. 3326 ORDINANCE DEFINING, REGULATING AND LICENSING SOLICITORS, PEDDLERS AND ITINERANT MERCHANTS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Moved by Alderman Adcock that Ordinance No. 3326 be passed , changing the individual fee from $5.00 to $1 .00, and providing for the reference letters. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen Bassett, Smith, Adcock, and Alderwoman Russell Nays: Aldermen McAlister and Thomas Item 14a A proposed resolution was presented requesting Farm-to-Market designation of East Arrowhead Drive. RESOLUTION NO. 2151 RESOLUTION REQUESTING STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONSIDER DESIGNATION OF EAST ARROWHEAD DRIVE AT LAKE ARROWHEAD AS FARM TO MARKET ROAD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The State Department of Highways and Public Transportation is hereby requested to consider designating as a Farm to Market Road East Arrowhead Drive at Lake Arrowhead and the road across the spillway and dam, between FM 2393 on the west side of Lake Arrowhead and FM 2606 on the east side of Lake Arrowhead. SECTION 2. The City Manager is hereby authorized to continue negotiations with the State Department of Highways and Public Transportation regarding the providing of right-of-way along East Arrowhead Drive and providing an easement for a roadway on the dam and across the spillway at Lake Arrowhead. Moved by Alderman McAlister that Resolution No. 2151 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 14b, c, d Discussion was held on transit system capital improvement and operating assistance grants. It was estimated that we have a potential of 3000 - 3500 bus riders, plus Sheppard Air Force Base. Alderman Smith feels that we need to go ahead with the bus system and upgrade it. Aldermen Bassett and McAlister did not see that we gain very much in this proposal . Alderman McAlister stated that if we take these funds, we will not be able to drop the system later. Alderman Adcock stated that every time we try to improve the system, it goes in the hole more. When the City took over the system, they went all out in their efforts, but people do not ride busses. Mr. Ilschner noted that service has not been improved, but only operating facilities. 641 J. K. King, 417 Willow Drive, stated that the bus will not benefit him, but that this town needs a bus system to serve those who do need it. RESOLUTION NO. 2152 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR OPERATING ASSISTANCE GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects ; and , WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant including the provision by it of the local share of project costs ; and, WHEREAS, it is required by the U.S. Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and , WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant or other services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager is authorized to execute and file applications on behalf of the City of Wichita Falls with the U.S. Department of Transportation for Operating Assistance funds for the eligible amounts for the periods from October 1 , 1974 through September 30, 1975; October 1 , 1975 through September 30, 1976; October 1 , 1976 through September 30, 1977; October 1 , 1977 through September 30, 1978; October 1 , 1978 through September 30 1979 to aid in the financing of the operation of the transit system. That the City Manager is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. That Gerald G. Fox, City Manager, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications or the project. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. That the City Manager is authorized to execute grant contract agreements on behalf of the City of Wichita Falls with the U.S. Department of Transportation for aid in the financing of the operating assistance projects. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Moved by Alderman Smith that Resolution No. 2152 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Alderwoman Russell , Aldermen Smith, Thomas, and Adcock Nays : Aldermen McAlister and Bassett RESOLUTION NO. 2153 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATED OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and, 642 Item 14c, cont'd. WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of projects costs; and, WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and , WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager is authorized to execute and file an application on behalf of the City of Wichita Falls with the U.S. Department of Transportation, for a capital grant to aid in the financing of improvements of the transit system, construction of a multi-modal transportation terminal and construction of a transit maintenance facility. That the City Manager is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. That Gerald G. Fox, City Manager, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. That the City Manager is authorized to execute grant contract agreements on behalf of the City of Wichita Falls with the U.S. Department of Transportation for aid in the financing of the capital assistance projects. That is is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Moved by Alderwoman Russell that Resolution No. 2153 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Discussion was held on a proposed contract with Cowden Cab Company to provide transportation service to the elderly and handicapped. Mr. Covert, Transportation Superintendent, stated that Cowden does not now have equipment and personnel to carry out these policies , but he has indicated that he would upgrade each in order to provide the service. Training would be required for taxicab drivers. Bonnie Thornton appeared as Executive Director of the Community Council . She stated that the Transportation Department approached them to get the social service organizations together for their recommendations. Mr. Ilschner's presentation did not provide any of the input provided by those organizations. She would like them to review that information. They consider this amount of transportation only a start. The City Manager noted that the resolution does not approve a policy. That will be taken into consideration before the contract is finalized. RESOLUTION NO. 2154 RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF A CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE YELLOW-CHECKER TAXI COMPANY OR OTHER LOCAL TRANSPORTATION AGENCY TO PROVIDE SPECIAL TRANSPORTATION SERVICE TO ELDERLY AND HANDICAPPED CITIZENS AND THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. 643 Item 14d, cont'd. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects ; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U.S. Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation require- ments thereunder; and, WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies , equipment contracts, or consultant or other services ; and, WHEREAS, provision of special transport services for the elderly and handicapped is a condition for eligibility to receive grants under Section 5 of the Urban Mass Transportation Act of 1964, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager is authorized to negotiate and execute a contract between the City of Wichita Falls and the Yellow-Checker Taxi Company of Wichita Falls or other Local Transportation Agency to provide certain transportation services for elderly and handicapped citizens of Wichita Falls. That the City Manager is authorized to execute and file applications on behalf of the City of Wichita Falls with the U.S. Department of Transportation for capital grants to aid in establishment and subsequent improvement of such service and for operating assistance grants to aid in financing continued operation of such service. That the City Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. That Gerald G. Fox, City Manager, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications or the project. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. That it is hereby officially found that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Moved by Alderwoman Russell that Resolution No. 2154 be passed. Motion seconded by Alderman Smith. Alderman McAlister stated that he sees this as an extension of the City providing social services to the handicapped. Alderman Adcock stated that he does not want to leave the impression of anything other than therein lies a problem. We have to have some kind of bus system. He is not opposed to having a transportation system. The motion was carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Gerald Carlson recommended appointment of the auditing firm of Jarratt, Tillery, and Hupf in connection with the urban mass transportation application. Moved by Alderman Adcock that we authorize the engagement of Jarratt, Tillery, and Hupf for work in conjection with restatement of transit fund financial statements to accomplish the grant application. 644 Item 14d, cont'd. Motion seconded by Alderwoman Russell , and carried unanimously. The Board of Aldermen recessed from 12:50 to 1 :15 P.M. Item 14e A proposed resolution was presented authorizing preparation of a master plan for Wichita River. Steve Ondrejas stated that this was recommended in the master plan in 1919, and was again recommended in the Midtown 2000 plan. RESOLUTION NO. 2155 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE PREPARATION OF THE WICHITA RIVER MASTER PLAN. WHEREAS, the development of a greenbelt along the Wichita River is included in the MIDTOWN 2000 Plan; and WHEREAS, the desirability of a greenbelt along the Wichita River has been expressed at Community Development Block Grant public hearings held prior to the submission of the 1976, 1977 and 1978 applications ; and WHEREAS, the Board of Aldermen has approved the funds for the preparation of a master plan from the 1977-78 Community Development Block Grant program; and WHEREAS, Oblinger-Smith, Inc. submitted a proposal for the Wichita River Master Plan; and WHEREAS, Oblinger-Smith, Inc. has completed master plans of this nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Gerald G. Fox, City Manager, is authorized to negotiate and execute a contract with Oblinger-Smith, Inc. for the preparation of the Wichita River Master Plan for an amount not to exceed $34,000. Moved by Alderman Bassett that Resolution No. 2155 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None v' Item 14f A proposed resolution was presented approving leases for the Martin Luther King Multi-Purpose Center. It was noted that the leases may cost more next year. Otis Polk, Jr. stated that these agencies ' monies are pretty well frozen. RESOLUTION NO. 2156 RESOLUTION APPROVING LEASES FOR THE MARTIN LUTHER KING MULTI-PURPOSE CENTER TO WICHITA FALLS - WICHITA COUNTY HEALTH DEPARTMENT; SENIOR CITIZENS OF NORTH TEXAS, INC. ; HUMAN RESOURCES DEPARTMENT-CITY OF WICHITA FALLS; HEADSTART/CHILD DEVELOPMENT PROGRAM, AND COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Certain leases , copies of which are attached hereto, for leasing of parts of The Martin Luther King Multi-Purpose Center by the City of Wichita Falls to Wichita Falls- Wichita County Health Department; Senior Citizens of North Texas, Inc. ; Human Resources Department-City of Wichita Falls; Headstart/Child Development Program, and Community Action Corporation of Wichita Falls and North Texas area is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderman Adcock that Resolution No. 2156 be passed. Motion seconded by Alderman Smith, and carried by the following vote: 645 Item 14f, cont'd. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None sy Item 14h A proposed resolution was presented authorizing the City Manager to execute a contract for professional services for enlargement and modernization of baggage claim area at Municipal Airport. RESOLUTION NO. 2157 RESOLUTION APPROVING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND JOE B. ROBERTS FOR ARCHITECTURAL SERVICES RELATIVE TO THE REMODELING AND ADDITION TO THE BAGGAGE CLAIM FACILITIES AT THE MUNICIPAL AIRPORT TERMINAL BUILDING. 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 Joe B. Roberts for architectural services relative to the remodeling and addition to the baggage claim facilities at the Municipal Airport Terminal Building is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Bassett that Resolution No. 2157 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 14i A proposed resolution was presented awarding a contract for professional services for taxiway construction and other improvements at Municipal Airport. RESOLUTION NO. 2158 RESOLUTION APPROVING CONTRACT WITH BIGGS & MATHEWS, INC. FOR ENGINEERING SERVICES RELATIVE TO CONSTRUCTION OF A NEW TAXIWAY, RECONSTRUCTION OF INTERNAL ACCESS ROADS AND EXPANSION OF THE COMMERCIAL-GENERAL AVIATION RAMP AT THE MUNICIPAL AIRPORT. 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 & Mathews , Inc. , whereby Biggs & Mathews , Inc. will provide certain engineering services relative to the construction of a new taxiway to the commercial ramp, reconstruction of the internal access roads and expansion of the commercial-general aviation ramps at the Wichita Falls Municipal Airport is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Bassett that Resolution No. 2158 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 14j A proposed resolution was presented authorizing the City Manager to execute a contract with Wichita Falls Clinic Hospital Industrial Department for employee medical services. RESOLUTION NO. 2159 RESOLUTION APPROVING CONTRACT BETWEEN CITY OF WICHITA FALLS AND THE WICHITA FALLS CLINIC INDUSTRIAL DEPARTMENT FOR PRE-EMPLOYMENT AND OTHER MEDICAL SERVICES. 646 Item 14j , cont'd. WHEREAS, it is necessary to have medical services for prospective and current City employees ; and WHEREAS, the Wichita Falls Clinic Industrial Department has agreed to furnish such services for a period of one year commencing with July 1 , 1978 through June 30, 1979; thereafter, this agreement shall continue until one of us gives the other thirty days notice in writing that it shall terminate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: This certain contract, a form of which is attached hereto, between the City of Wichita Falls and the Wichita Falls Clinic Industrial Department is hereby approved, and the City Manager is authorized to execute such contract for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2159 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None v Item 14k A proposed resolution was presented extending the contract with Dr. Gail Thornton for employee medical services to June 30, 1978. RESOLUTION NO. 2160 RESOLUTION APPROVING CONTRACT BETWEEN CITY OF WICHITA FALLS AND GAIL THORNTON, JR. , M.D. FOR PRE-EMPLOYMENT AND OTHER MEDICAL SERVICES. WHEREAS, it is necessary to have medical services for prospective and current City employees; and WHEREAS, Dr. Gail Thornton, Jr. has been providing these medical services in the past, he has agreed to continue furnishing such services for a period of one month commencing with June 1 , 1978 through June 30, 1978; thereafter, this attached agreement shall terminate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: This certain contract, a form of which is attached hereto, between the City of Wichita Falls and Gail Thornton, Jr. , M.D. , is hereby approved, and the City Manager is authorized to execute such contract for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2160 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 141 A proposed resolution was presented authorizing submission of final FAA application for security holding room at Municipal Airport. RESOLUTION NO. 2161 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR FEDERAL AID TO CONSTRUCT A SECURITY HOLDING ROOM AT THE WICHITA FALLS MUNICIPAL AIRPORT TERMINAL. WHEREAS, the City of Wichita Falls has a need to expand the Wichita Falls Municipal Airport Terminal to include a Security Holding Room for use in the screening and security processing of commercial airline passengers; and, 647 Item 141 , cont'd. WHEREAS, the cost for such improvements is $38,155 of which it is expected that the Federal Aviation Administration will furnish fifty percent (50%) , being $19,077.50, and the city will furnish fifty percent (50%) , being $19,077.50. 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 complete and file an application for Federal Aid with the Federal Aviation Administration; The City Manager is further authorized to sign any necessary documents , including the Grant Agreement, required to carry out and complete such grant on behalf of the City. Moved by Alderman Bassett that Resolution No. 2161 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None j Item 14m A proposed resolution was presented authorizing the City Manager to make application to FAA for Phase IV Airport Improvements. RESOLUTION NO. 2162 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A REQUEST FOR FEDERAL AID FOR PHASE IV AIRPORT IMPROVEMENTS. WHEREAS, the City of Wichita Falls has a need to make certain Phase IV improvements at Municipal Airport which includes the construction of a new taxiway connection and reconstruction of the old taxiway connection to the commercial -general aviation ramps, the construction of a new baggage claims area in the terminal building, the reconstruction of internal access roads at the airport and the expansion of the commercial-general aviation ramp; and, WHEREAS, the approximate cost for such improvements is $733,000, of which it is expected that the Federal Aviation Administration will furnish eighty-five percent 85%) , being approximately $624,500 and the city will furnish fifteen percent (15%) , being approximately $108,500. 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 complete and file a request for aid for such grant with the Federal Aviation Administration; the City Manager is further authorized to sign any necessary documents, including the grant agreement required to carry out and complete such grant on behalf of the city. Moved by Alderman Bassett that Resolution No. 2162 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 14n Proposed resolutions were presented authorizing the City Manager to acquire property for Kell right-of-way from Taylor Foundry. Mr. Taylor has requested that consideration be given to the exchange of excess properties in lieu of cash payment. 1RESOLUTION NO. 2163 RESOLUTION DECLARING CERTAIN STATE-OWNED LAND SURPLUS, AND REQUESTING THE STATE TO EXCHANGE SUCH LAND WITH TAYLOR FOUNDRY COMPANY, INC. FOR LAND NEEDED FOR US 82-277. 648 Item 14n, cont'd. WHEREAS, the State Department of Highways and Public Transportation plans to construct a section of US 82-277 in the City of Wichita Falls, Texas, which construction will require the acquisition of lands as described in Exhibit B, attached hereto and made a part hereof; and, WHEREAS, after the completion of this construction, there will exist unused State- owned right-of-way, as described in Exhibits A and C, attached hereto and made a part hereof; and, WHEREAS, it is the desire of the City of Wichita Falls, Texas to declare this unused right-of-way surplus to the needs of the City of Wichita Falls and to use this surplus land as part payment for the acquisition of the land needed for the construction of US 82-277, as decribed in Exhibit C, attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The land described in Exhibits A and C be declared surplus. SECTION 2. There has been an independent determination made that the land described in Exhibits A and C is no longer needed for the use of the citizens as a road, and that the City of Wichita Falls foresees no future use of this surplus land by the citizens of Wichita Falls. SECTION 3. The land needed for the construction of US 82-277 is owned by Taylor Foundry Company, Inc. , a Texas corporation, and the land adjacent to said surplus tracts is also owned by Taylor Foundry Company, Inc. , and the City of Wichita Falls wishes to exchange the surplus land as part payment for the lands needed for the construction of US 82-277. SECTION 4. The parties of Taylor Foundry Company, Inc. desire to apply the value of the surplus land , as described in Exhibit C to the purchase price of the needed land, as decribed in Exhibit B. SECTION 5. The City of Wichita Falls requests the State of Texas to enter into an exchange agreement for the acquisition of the lands needed for US 82-277, as described in Exhibit B and to convey to said Taylor Foundry Company, Inc. the lands that will become surplus as described in Exhibits A and C. Moved by Alderman Smith that Resolution No. 2163 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None RESOLUTION NO. 2164 RESOLUTION AUTHORIZING EXCHANGE WITH TAYLOR FOUNDRY COMPANY, INC. OF CITY- OWNED LAND FOR LAND NEEDED FOR KELL FREEWAY. WHEREAS, heretofore the City of Wichita Falls acquired the following two tracts of land when it was acquiring land for the construction of Kell Boulevard, to-wit: Tract "A". A tract of land located within the J. A. Scott Survey No. 10, Abstract 302, Wichita County, Texas , being all of the remainder, after Kell Boulevard right-of-way taking, of Lots 3 through 12, inclusive, Block 3, Sibley Taylor Addition, and containing 0.94 acres , more or less. Tract "B". A tract of land located within the J. A. Scott Survey No. 10, Abstract 302, Wichita County, Texas , being all of the remainder, after Kell Boulevard right-of-way taking, of Lots 11 , 12 and 13, Block 1 , Sibley Taylor Addition, and containing 0.088 acres, more or less. WHEREAS, the following described tract of land, which is owned by Taylor Foundry Company, Inc. , is needed for the construction of US 82-277 , to-wit: The south 125 feet of Lot 5 in the Taylor Subdivision to the City of Wichita Falls , Texas , and a part of Lot 4, in said subdivision, as follows : Beginning at the westernmost corner of said Lot 4; thence northeastery along the northwest line of said Lot 4, a distance of 47.4 feet to a point for corner, said point also being in the existing west line of Broad Street; thence southerly along the existing west line of Broad Street, a distance of 127.4 feet to a point in the southwest line of said Lot 4; 649 Item 14n, cont'd. Thence northwesterly along the southwest line of said Lot 4, a distance of 118.3 feet to the place of beginning, containing 9,054 square feet of land, more or less. WHEREAS, Taylor Foundry Company, Inc. is willing to exchange the above tract owned by it for the above two tracts owned by the City and two other tracts owned by the State of Texas and the City of Wichita Falls; and, WHEREAS, the City has a current appraisal of the value of all of the properties except the smaller City-owned property above, and it is currently being appraised. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The exchange of the four City and State-owned tracts for the above tract owned by Taylor Foundry Company, Inc. is hereby approved. If there is a difference in the appraised values of the properties being traded by Taylor Foundry Company, Inc. and the properties being traded by the City and State, the owner or owners of the less valuable property shall pay to the owner or owners of the more valuable property in cash the difference in the appraised values. Moved by Alderman McAlister that Resolution No. 2164 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 16a Authority was requested to advertise for bids for initial work on the activities center renovation, including removal of non-permanent partitions, concrete canopies over entrances on north and south sides, corner sign, plate glass display windows, and construction of a barricade. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman Russell and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None V Item 17a A request was presented by Janet Hardegree, Personnel Director, to make application for grant funds to develop and implement a merit salary plan and appraisal system for city employees. L- RESOLUTION NO. 2165 RESOLUTION APPROVING APPLICATION FOR GRANT FROM TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR DEVELOPMENT AND IMPLEMENTATION OF A MERIT SALARY PLAN. WHEREAS, it is deemed advisable to develop and implement a merit salary plan for use by all departments within the City, which would include an employee appraisal system; and, WHEREAS, grant funds are available under Intergovernmental Personnel Act for such a project; and, WHEREAS, the total cost of such project will be $5,108.00 and the City's share of this cost will be one-half thereof, or $2,554.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to submit to the Texas Department of Community Affairs an application for a grant in the amount of $2,554.00 under the Intergovernmental Personnel Act for the purpose of a six-month project to develop and implement such merit salary plan; the prior submittal of such a grant application is hereby ratified and 650 Item 17a, cont'd. approved. The City Manager is further authorized to execute any instruments required to complete this grant application, and he is authorized to execute the grant agreement. Moved by Alderman Bassett that Resolution No. 2165 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 17b Consideration was given to the referendum petition pertaining to the farmers ' market. V RESOLUTION NO. 2166 RESOLUTION DECLINING TO REPEAL RESOLUTION #2123, WHICH AWARDED A CONTRACT TO C AND R CONSTRUCTION COMPANY FOR DEMOLITION AND SITE PREPARATION, PHASE 1 OF THE FARMERS MARKET, AND SUBMITTING THE QUESTION TO THE ELECTORS AT THE NEXT MUNICIPAL ELECTION ON AUGUST 12, 1978. WHEREAS, the City Clerk has certified that a sufficient amended referendum petition has been filed, seeking the repeal of Resolution #2123, which awarded a contract to C and R Construction Company for demolition and site preparation, Phase 1 of the Farmers Market; and, WHEREAS, Section 51 of the Charter requires that the Board of Aldermen shall reconsider the resolution and vote upon the question as to whether the resolution shall be repealed; if it not be repealed, it shall be submitted to the electors at the next municipal election held not less than 30 days thereafter. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . Resolution #2123 shall not be repealed. SECTION 2. The question as to whether or not Resolution #2123 shall be repealed shall be submitted to the electors of the City of Wichita Falls at the next municipal election being held on August 12, 1978. Moved by Alderman McAlister that Resolution No. 2166 be passed. Motion seconded by Alderman Thomas. Mayor Hill inquired what percent of the contract has been completed. Stephen Ondrejas stated that 70 percent of the work was completed as of June 1 . The Mayor also asked what would be the legal repercussions if we called a halt to it? City Attorney H. P. Hodge stated that the contractor could consider the contract terminated, and would be entitled to be paid for all his work, plus profit. The City Manager stated that the site would be damaged , and since we own the property we would have the responsibility to put it back into an acceptable condition from a sight standpoint. City Attorney H. P. Hodge explained the provisions of the Charter regarding regular and emergency measures pertaining to ordinances. There is no provision in the charter for an emergency resolution. It becomes effective as soon as it is passed. Mayor Hill inquired what this will do to farmers ' market? This is only one small phase of it. Mr. Hodge explained that if the vote of the electors is to repeal this resolution then he presumes the Council would look at it in a more over all view rather than just each phase. It would be a political decision for the Council to make. The City Manager stated that if the Council stopped the contractor tomorrow then it would probably cost as much money for the City to put it in proper shape as if the contractor completed it. He suggested that the Council construe the vote as for or against the concept of farmers ' market. Roy Parish stated that the way he interpreted it under the city charter that he has been denied his rights. He feels the money paid to the contractor should be returned to the City. He stated that the resolution was not an emergency. The City Manager asked how he was denied his rights , and Mr. Parish stated it was because the work was started. The City Manager pointed out that resolutions are always adopted in awarding contracts. Alderman Smith stated that the contractor should be allowed to finish, and that the vote on August 12 be used as guidance for any future market work. 651 Item 17b, cont'd. The motion was carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 17c Appointments were made to the following boards and commissions. Moved by Alderman Thomas that Tom R. Elam and Dr. Horace 0. Boston be reappointed to the Housing Authority Board for terms to expire June 12, 1980. Motion seconded by Alderman McAlister, and carried unanimously. Moved by Alderman Thomas that Larry Lambert and Dr. Richard Milisci be reappointed to the Board of Trustees, Mental Health Mental Retardation Center for terms to expire July 10, 1980. Motion seconded by Alderwoman Russell , and carried unanimously. Item 17d Frank Medanich, First Southwest Company, briefed the Council on financing of north side sewer improvements. There are three ways in which financing could be accomplished, 1 ) tax supported instead of revenue supported, (2) Certificate of Obligation to pledge surplus revenue from water and sewer system, or (3) issue water and sewer revenue bonds. This method was not available until one year ago. This could be done without a referendum, even though it might be in conflict with the charter. He suggested that the Notice of Intent be coincided to take bids on the sale of revenue bonds. It would cost about six percent. He feels the city has adequate capability to handle this. If they do not foresee any significant improvements for several years he would suggest a 15-year schedule. If they see some expenditures ahead then they should go to the 20-year plan. He explained that they needed 8-10 weeks to take bids on bonds , and another four weeks to get delivery on bonds or money. Plan C was recommended for the City's purpose. The fee was discussed. Moved by Alderman Bassett that $1 .2 million of revenue bonds be authorized. Motion seconded by Alderman McAlister, and carried unanimously. RESOLUTION NO. 2167 RESOLUTION APPROVING CONTRACT WITH FIRST SOUTHWEST COMPANY FOR FINANCIAL ADVISORY SERVICES. 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, with First Southwest Company for financial advisory services for the issuance of one million dollars of instruments evidencing indebtedness for sanitary sewer improvements, is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Bassett that Resolution No. 2167 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None The Board of Aldermen adjourned at 3:55 P.M. PASSED AND APPROVED this day of 1978. MAYOR ATTEST: CITY CLERK FORM PL-2139 (7-69) 500 R/W NO. EASEMENT MAP NO EST. NO. PIPE LINE APPURTENANCES DFT NO. RODS KNOW ALL MEN BY THESE PRESENTS: That thexaatinsal; City of Wichita Falls hereinafter styled Grantor, for and in consideration of the sum o, Ten and No/100 dollars and other valuable consideration 10.00 Dollars in hand paid, receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto THE TEXAS PIPE LINE COMPANY, a corporation of Texas, hereinafter styled Grantee, its successors and assigns, the right to drill, construct, operate, maintain, alter, replace and remove, in whole or in part, the facilities, structures and appurtenances described below, upon, over and under the following described tract of land situated in the County of Wichita State of Texas Block 34, League 1, Abstract 58, Denton County School Land, Wichita County, Texas. Said facilities, structures and appurtenances consist of: A cathodic rectifier unit consisting of a service pole with rectifier box mounted thereon, underground cable and groundbed anodes and neces- sary appurtenances. Site for service pole and rectifier location is approximately 1580' south of the northwest corner of the above described tract of land, and is approximately 20' east of the east curb on Fairway Boulevard. A negative cable will extend from the rectifier north to the Grantee's pipe line. A positive groundbed cable will extend from rectifier south and will connect the thirty 3" x 60" graphite anodes. Cable and ground- bed will be installed in a manner not to interfere with surface use of land. Refer to Drawing NT-120 attached and made a part hereof. This easement does not convey any interest whatever in any oil, gas or other minerals in, on, over and under the above described tract of land. The Grantee shall have the right of ingress and egress to and from said facilities, structures and appurtenances at any time for the purpose of this grant, and Grantee, its successors and assigns, shall have the right to assign and convey this grant and the rights provided for herein, in whole or in part. TO HAVE AND TO HOLD the said easement unto Grantee, its successors and assigns, so long as said facilities, structures and appurtenances, or any part thereof, are maintained. Grantee shall pay any and all reasonable damages to crops, fences, pasturage and timber, which may be suffered from the drilling, construction, operation, maintenance, alteration or removal of said facilities, structures and appurten- ances. It is also understood and acknowledged by Grantor that the person securing this grant is without authority to make any agreement in regard to the subject matter hereof which is not expressed herein, and that no such agreement will be binding on the Grantee. IN WITNESS WHEREOF, this instrument is signed on this the day of 19 WITNESSES: STATE OF TEXAS SINGLE ACKNOWLEDGMENT COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person_whose name_ is/are subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of A. D. 19 Notary Public in and for County, I 5 JOINT ACKNOWLEDGMENT BY HUSBAND AND WIFE STATE OF TEXAS COUNTY OF BEFORE ME the undersigned authority, on this day personally appeared__ and his wife both known to me to be the persons whose names are subscribed to the fore- going instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed and the aforesaid wife.having been examined by me privily and apart from her said husband, and having the same fully explained to her, she acknowledged such instrumenttobeheractanddeed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN under my band and seal of office this the day of 19 . Notary Public in and for County. PROOF BY WITNESS STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed as a witness to the foregoing instrument of writing, and after being duly sworn by me, stated on oath that saw the grantor.,or person who executed the foregoing instrument, subscribe the same, and that he signed the same as a witness at the request of the grantor,,,. GIVEN under my hand and seal of office this the day of 19 Notary Public in and for. County, RESOLUTION NO. c / RESOLUTION APPROVING EASEMENT TO THE TEXAS PIPE LINE COMPANY FOR A CATHODIC RECTIFIER UNIT IN JAYCEE PARK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain easement, a copy of which is attached hereto, to The Texas Pipe Line Company for a cathodic recti- fier unit in Jaycee Park is hereby approved, and the City Manager is hereby authorized to execute and deliver the same for the City of Wichita Falls. PASSED AND APPROVED this the 6th day of June , 1975. 1 M A Y O R ATTEST: City Clerk 6J) T I i u of 1. 3fp I p /1'. /a.P' crM ErARY l_/- -l y I/•'0O• tai NEM K,Al. t t AN srA0,u 1 `I i. ./1a! _ '4 t Q. Ch 1 4 R SIRES %/ ,i/ f 1 c•: C-_._. ADO•/ LAKEVIEW MANOR t /o I)L W If NITA FA LL.Szs MEApoytAKE t pARti N -T12o STATE o -------- ,...----. I , 1 i Pl I ,- a ke YYcCititQ 1.1.-7.:1- likVel _. - 1 AKE:SID E HwYJ2 4-5 I i 79 t– I 0/ I PRESSURE LINE, ei's8"SEWER L OCA T/ON MAP HoRr"5"ORE I \ O DRIVE til I C A T1/G0,c UNIT IJ,_TAIL 1 ,II 200 ' I;O NOTE.- ALL CATHODIC APPURTENANCES It I ' JAYCEE PARK BURIED 2ii" OR DEEPER EXCEPT I1 RECTIFIER AND POLE.i'ME'AOOw' v,_12 0 POLE/YIO1/NTEDKEijt AIR COOLED Gov 6oACZIDRIVEIRECT/F/,ER u GRASS \ Vh F1.v/aG I:fS II a j41 Q mm TR ACE wbNOSd 8r a FL Vin GS ROAD r p CIRCLE 111 Bbl AFE 75 79 rLAr""L THE TEXAS PIPE LINE CO. JO 30 - 3 „X 60"GRAPHITE ANODES ONGR. D/Sr. vvICHITA FALLS 7-1"...V.i 1 ON /5' CENTERS BACk'F/LL.E-CI CATHODIC UNITr ` 1(' WITH COAL COKE LREEZF, NT- 120OLNEYTOWICHITAFALLS10" M/LI ,, o,` ANODE N0!_E S /8" D/,1. 110' DEEP.IY)!LE POST 9. f WICHITA COUNTY TEXA S COVE RDAA I ACA1..R 45 $H Oltx DATT DIIAWIMO HO.PARK A4A0 DR. A-S- a CHK. A S. N T— I2 O , LEASE THE STATE OF TEXAS X_ COUNTY OF WICHITA X This lease, made this day of 1978 , between the City of Wichita Falls, Texas , a municipal cor- poration, as Lessor and Wichita Falls - Wichita County Health Department, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee square feet of floor space in the building known as The Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls , Texas , said premise to be used for to have and to hold the same for the term of thirteen months beginning the first day of September, 1978 , Lessee yielding and paying to Lessor rent at the rate of four thousand, three hundred forty-one and 35/100 dollars ($4 , 341. 35) for the full term, to be paid in equal monthly installments of three hundred thirty-three and 95/100 dollars ($333. 95) on the first day of each month, the first of such payments to be made on the first day of September, 1978, and at the same rate for any part of a month unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall be subject to increase upon thirty days written notice given prior to the payment of any monthly rental fee under this contract, which increases shall be based upon increases in the fair market rental value of similar prem- ises in Wichita Falls , Texas. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved at the times and in the manner aforesaid. 2. Lessee agrees he will keep all and singular the said premises in such repair as the same are in at the commencement of the term, or may be put in by Lessor during the continuance thereof, reasonable use and wearing thereof and damage by accidental fire or inevitable accidents only excepted. 3 . Lessee agrees he will not make or suffer any addi- tions or alterations in or to the premises without the written consent of Lessor. 4 . Lessee agrees he will not make or suffer any waste of the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or any placard to be placed on the outer walls, or any signs to be on the pre- mises, except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful, improper, or offensive use of the premises, or any use thereof other than as herein specified. 5. Lessee agrees to conform to such reasonable regu- lations as may be established from time to time by Lessor for the general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting appar- atus which may be used on the premises shall be of such kind as Lessor shall approve. 7. Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the protection thereof. 8. Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections or additions upon or to the same, in such repair as aforesaid, and vacant and unencumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not 2 - responsible for any latent defects in the leased 06roi.ses, Lessee shall be solely responsible for any intuxriOM incurred by his guests, invitees, employees or ligensees• 10. In no event shall Lessor, its agents, servants or employees, be liable for any damages, breach of contract, or any action in the nature of a trespass of any kind or character, for terminating this lease under the provisions herein. The Lessee does hereby expressly agree that the lease shall not be null and void if the Martin Luther King Multi- Purpose Center is not ready for occupancy on the first of September, 1978; and that Lessor' s only responsibility is to abate the rent hereunder until the Lessee is notified by Lessor that the Center is ready for occupancy, and on that date rent shall again be due, pro rata for any part of the first month, then as agreed in numbered paragraph one. Payments by Lessee shall be payable to the City of Wichita Falls, Texas and delivered to the Accounting and Finance Department, Memorial Auditorium, Room 202, P. 0. Box 1431, Wichita Falls, Texas 76307 . The opinion of the majority of the Board of Aldermen of the City of Wichita Falls, Texas , as to the necessity of cancellation of this lease shall be conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas By: ATTEST: Gerald G. Fox, City Manager City Clerk Wichita Falls - Wichita County ATTEST: Health Department By: 3 - LEASE THE STATE OF TEXAS X COUNTY OF WICHITA X This lease, made this day of 1978 , between the City of Wichita Falls , Texas, a municipal cor- poration, as Lessor and Senior Citizens of North Texas, Inc. , as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee square feet of floor space in the building known as The Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used for to have and to hold the same for the term of thirteen months beginning the first day of September, 1978, Lessee yielding and paying to Lessor rent at the rate of nine thousand four hundred sixty-nine and 46/100 dollars ($9 ,469 . 46) for the full term, to be paid in equal monthly installments of seven hundred twenty-eight and 42/100 dollars ($728 . 42) on the first day of each month, the first of such payments to be made on the first day of each month, the first of such payments to be made on the first day of September, 1978 , and at the same rate for any part of a month unexpired at the legal determination of this lease ; provided, that the total rental fee provided for herein shall be subject to increase upon thirty days written notice given prior to the payment of any monthly rental fee under this contract, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita Falls, Texas. Lessee hereby, without further reduction in rental payment, expressly agrees that this lease is nonexclusive as to the City and the City' s utilization of the Lessee' s space during times when Contractor' s personnel are not pre- sent is a right retained by the City. Lessee covenants with Lessor as follows : 1. Lessee agrees to pay the rent reserved at the times and in the manner aforesaid. 2. Lessee agrees he will keep all and singular the said premises in such repair as the same are in at the commencement of the term, or may be put in by Lessor dur- ing the continuance thereof, reasonable use and wearing thereof and damage by accidental fire or inevitable acci- dents only excepted. 3. Lessee agrees he will not make or suffer any addi- tions or alterations in or to the premises without the written consent of Lessor. 4. Lessee agrees he will not make or suffer any waste of the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or any placard to be placed on the outer walls , or any signs to be on the pre- mises , except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful , improper, or offen- sive use of the premises , or any use thereof other than as herein specified. 5 . Lessee agrees to conform to such reasonable regula- tions as may be established from time to time by Lessor for the general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting appara- tus which may be used on the premises shall be of such kind as Lessor shall approve. 7 . Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the protection thereof. 8 . Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent 2 - N. in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections or additons upon or to the same, in such repair as aforesaid, and vacant and unencumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased premises. Lessee shall be solely responsible for any injuries incurred by his guests, invitees , employees or licensees. 10. In no event shall Lessor, its agents, servants or employees, be liable for any damages, breach of contract, or any action in the nature of a trepass of any kind or character, for terminating this lease under the provisions herein. The Lessee does hereby expressly agree that the lease shall not be null and void if the Martin Luther King Multi- Purpose Center is not ready for occupancy on the first of September, 1978 ; and that Lessor' s only responsibility is to abate the rent hereunder until the Lessee is notified by Lessor that the Center is ready for occupancy, and on that date rent shall again be due, pro rata for any part of the first month, then as agreed in numbered paragraph one. Payments by Lessee shall be payable to the City of Wichita Falls, Texas and delivered to the Accounting and Finance Department, Memorial Auditorium, Room 202, P. O. Box 1431, Wichita Falls, Texas 76307 . The opinion of the majority of the Board of Aldermen of the City of Wichita Falls , Texas, as to the necessity of cancellation of this lease shall be conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas ATTEST: BY: Gerald G. Fox, City Manager City Clerk ATTEST; Senior Citizens of North Texas , Inc. By : LEASE THE STATE OF TEXAS COUNTY OF WICHITA X This lease, made this day of 1978, between the City of Wichita Falls, Texas, a municipal cor- poration, as Lessor and Human Resources Department--City of Wichita Falls, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee square feet of floor space in the building known as The Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used for to have and to hold the same for the term of thirteen months beginning the first day of September, 1978, Lessee yielding and paying to Lessor rent at the rate of one thousand five hundred fifteen and 15/100 dollars ($1, 515. 15) for the full term, to be paid in equal monthly installments of one hundred sixteen and 55/100 dollars ($116. 5) on the first day of each month, the first of such payments to be made on the first day of September„ 1978 , and at the same rate for any part of a month unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall be subject to increase upon thirty days written notice given prior to the payment of any monthly rental fee under this contract, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita Falls, Texas. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved at the times and in the manner aforesaid. 2. Lessee agrees he will keep all and singular the said premises in such repair as the same are in at the commencement of the term, or may be put in by Lessor during the continuance thereof, reasonable use and wearing thereof a 1:4,44 ku 3i Yfi ..trM,4Ui!r.n{iar.alfinrw. // 1Atas_ {Ne 'yii y- } f+fFY Yxl di'l:U'fw1(S LgiM4.'JO,p',,' 1'1Yi4 1 Zti+:i' 4i'i use$ and damage by accidental fire or inevitable accidents only excepted. 3. Lessee agrees he will not make or suffer any addi- tions or alterations in or to the premises without the written consent of Lessor. 4. Lessee agrees he will not make or suffer any waste of the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or any placard to be placed on the outer walls, or any signs to be on the pre- mises , except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful, improper, or offensive use of the premises, or any use thereof other than as herein specified. 5. Lessee agrees to conform to such reasonable regu- lations as may be established from time to time by Lessor for the general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting appar- atus which may be used on the premises shall be of such kind as Lessor shall approve. 7. Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the protection thereof. 8. Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections or additions upon or to the same, in such repair as aforesaid, and vacant and unencumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased premises. 2 - tun-,: a..au.u..H.Sskx,{..Wti1 Lessee shall be solely responsible for any injUrie$ incurred by his guests, invitees, employees or licensees. 10. In no event shall Lessor, its agents, servants or employees, be liable for any damages, breach of contract, or any action in the nature of a trespass of any kind or character, for terminating this lease under the provisions herein. The Lessee does hereby expressly agree that the lease shall not be null and void if the Martin Luther King Multi- Purpose Center is not ready for occupancy on the first of September, 1978; and that Lessor 's only responsibility is to abate the rent hereunder until the Lessee is notified by Lessor that the Center is ready for occupancy, and on that date rent shall again be due, pro rata for any part of the first month, then as agreed in numbered paragraph one. Payments by Lessee shall be payable to the City of Wichita Falls, Texas and delivered to the Accounting and Finance Department, Memorial Auditorium, Room 202, P. 0. Box 1431, Wichita Falls, Texas 76307. The opinion of the majority of the Board of Aldermen of the City of Wichita Falls, Texas, as to the necessity of cancellation of this lease shall be conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas By: Gerald G. Fox, City ManagerATTEST: City Clerk Human Resources Department - ATTEST: City of Wichita Falls By: 3 - LEASE THE STATE OF TEXAS X. COUNTY OF WICHITA X This lease, made this day of 1978 , between the City of Wichita Falls, Texas, a municipal cor- poration, as Lessor and Headstart/Child Development Program, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee square feet of floor space in the building known as The Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be utilized for the Headstart/Child Development Program to have and to hold the same for the term of thirteen months beginning the first day of September, 1978 , Lessee yielding and paying to Lessor rent at the rate of six thousand seven hundred sixty and no/100 dollars ($6 ,760. 00) for the full term, to be paid in equal monthly installments of five hun- dred twenty and no/100 dollars ($520. 00) on the first day of each month, the first of such payments to be made on the first day of September, 1978 , and at the same rate for any part of a month unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall be subject to increase upon thirty days written notice given prior to the payment of any monthly rental fee under this contract, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita Falls, Texas; provided, however, that if the fed- eral funding for the Headstart/Child Development Program of Community Action Corporation of WicYiFalls and North Texas Area is increased or decreased during the term of this agreement the total rental set out above shall be sub- ject to renegotiation upon ten days written notice delivered to the other party of the intention to renegotiate the total rental amount. Community Action Corporation of Wichita Falls and North Texas Area shall report any increase or decrease in federal funding of the Headstart/Child Develop- ment Program to the City' s designated representative imme- diately. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved at the times and in the manner aforesaid. 2. Lessee agrees he will keep all and singular the said premises in such repair as the same are in at the commencement of the term, or may be put in by Lessor dur- ing the continuance thereof, reasonable use and wearing thereof and damage by accidental fire or inevitable acci- dents only excepted. 3. Lessee agrees he will not make or suffer any addi- tions or alterations in or to the premises without the written consent of Lessor. 4. Lessee agrees he will not make or suffer any waste of the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or any placard to be Placed on the outer walls, or any signs to be on the pre- mises , except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful, improper, or offen- sive use of the premises , or any use thereof other than as herein specified. 5. Lessee agrees to conform to such reasonable regu- lations as may be established from time to time by Lessor for the general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting appar- atus which may be used on the premises shall be of such kind as Lessor shall approve. 7 . Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the protection 2 - thereof. 8. Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections or additions upon or to the same, in such repair as aforesaid, and vacant and unencumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased premises. Lessee shall be solely responsible for any injuries incurred by his guests, invitees , employees or licensees. 10. In no event shall Lessor, its agents, servants or employees , be liable for any damages , breach of contract, or any action in the nature of a trespass of any kind or character, for terminating this lease under the provisions herein. The Lessee does hereby expressly agree that the lease shall not be null and void if the Martin Luther King Multi- Purpose Center is not ready for occupancy on the first of September, 1978 ; and that Lessor' s only responsibility is to abate the rent hereunder until the Lessee is notified by Lessor that the Center is ready for occupancy, and on that date rent shall again be due, pro rata for any part of the first month, then as agreed in numbered paragraph one. Payments by Lessee shall be payable to the City of Wichita Falls , Texas and delivered to the Accounting and Finance Department, Memorial Auditorium, Room 202 , P. 0. Box 1431, Wichita Falls , Texas 76307 . The opinion of the majority of the Board of Aldermen of the City of Wichita Falls , Texas , as to the necessity of cancellation of this lease shall be conclusive upon the parties hereto. 3 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas By: Gerald O. Fox, City manager ATTEST: City Clerk Headstart/Child Development Program By: ATTEST: 4 - R. LEASE THE STATE OF TEXAS X.. COUNTY OF WICHITA X This lease, made this day of 1978 , between the City of Wichita Falls , Texas, a municipal cor- poration, as Lessor and Community Action Corporation of Wichita Falls and North Texas Area of Wichita Falls, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee square feet of floor space in the building known as The Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used for to have and to hold the same for the term of thirteen months beginning the first day of September, 1978 , Lessee yielding and paying to Lessor rent at the rate of five hundred eighty-three and 05/100 dol- lars ($583. 05) for the full term, to be paid in equal monthly installments of forty-four and 85/100 dollars 44 . 85) on the first day of each month, the first of such payments to be made on the first day of September, 1978 , and at the same rate for any part of a month unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall be subject to increase upon thirty days written notice given prior to the payment of any monthly rental fee under this contract, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita Falls, Texas. Lessee covenants with Lessor as follows : 1. Lessee agrees to pay the rent reserved at the times and in the manner aforesaid. 2. Lessee agrees he will keep all and singular the said premises in such repair as the same are in at the commencement of the term, or may be put in by Lessor during the continuance thereof, reasonable use and wearing thereof and damage by accidental fire or inevitable accidents only excepted. 3 . Lessee agrees he will not make or suffer any addi- tions or alterations in or to the premises without the written consent of Lessor. 4 . Lessee agrees he will not make or suffer any waste of the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or any placard to be placed on the outer walls, or any signs to be on the pre- mises , except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful, improper, or offensive use of the premises , or any use thereof other than as herein specified. 5. Lessee agrees to conform to such reasonable regu- lations as may be established from time to time by Lessor for the general convenience of the tenants of the building. 6 . Lessee agrees that any heating or lighting appar- atus which may be used on the premises shall be of such kind as Lessor shall approve. 7 . Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the protection thereof. 8 . Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections or additions upon or to the same, in such repair as aforesaid, and vacant and unencumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not 2 - e...:... ..t: ,,.. .i.s, .ikha,k,a anA1414144e9 br.n.r p. responsible for any latent defects in the leased premises. Lessee shall be solely responsible for any injuries incurred by his guests, invitees, employees or licensees. 10. In no event shall Lessor, its agents, servants or employees, be liable for any damages, breach of contract, or any action in the nature of a trespass of any kind or character, for terminating this lease under the provisions herein. The Lessee does hereby expressly agree that the lease shall not be null and void if the Martin Luther King Multi- Purpose Center is not ready for occupancy on the first of September, 1978; and that Lessor 's only responsibility is to abate the rent hereunder until the Lessee is notified by Lessor that the Center is ready for occupancy, and on that date rent shall again be due, pro rata for any part of the first month, then as agreed in numbered paragraph one. Payments by Lessee shall be payable to the City of Wichita Falls , Texas and delivered to the Accounting and Finance Department, Memorial Auditorium, Room 202 , P. 0. Box 1431, Wichita Falls, Texas 76307. The opinion of the majority of the Board of Aldermen of the City of Wichita Falls, Texas, as to the necessity of cancellation of this lease shall be conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas By: Gerald G. Fox, City ManagerATTEST: City Clerk Community Action Corporation of ATTEST: Wichita Falls and North Texas Area of Wichita Falls By: 3 - THE AMERICAN INSTITUTE OF ARCHITECTS F61 AIA Document B141 Standard Form of Agreement Between Owner and Architect THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this seventeenth day of May in the year of NineteenHundredandseventyeight. BETWEEN the Owner:The City of Wichita Falls 1301 Sixth St. Wichit- F< lls,, Texe:s 76301 and the Architect: Joe tie Robert s 1207 Brook Ave. Wichita Falls, Tex :s 76301 For the following Project: Include detailed description of Project location and scope) Remodel ,;r:tcl addition to the bag ,_ag claim : acili,iE , Municipal Airport Terminal Baailding, Wichita F 11;x., To.v.,s. The Owner and the Architect agree as set forth below. MA DOCUMENT 13141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA:a • (1974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 P ' FIXED FEE I. THE ARCHITECT shall provide professional services for the Project in accordance with the TermsandConditionsofthisAgreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of thisAgreement. A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shall be computedonthebasisofaFIXEDFEEoffivethousandsevenhG.Ttdred andfifty ;;even dollars ($ 5 ,757.. 00 B. FOR ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows: 1. Principals' time at the fixed rate of tv;ent dollars ($ 20.For the purpose of this Agreement, the Principals are: 00 ) Per hour. Joe B. Roberts 2. Employees' time (other than Principals) at a multiple of times the employees' Direct Personnel Expense as defined in Article 4. 3. Services of professional consultants at a multiple of times the amount billed to the Architect for such services. C. AN INITIAL PAYMENT of ne, shall be made upon the execution of this Agreement and credited to theoOwne$rr's\account. ) D. FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. III. THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree-ment that: A. IF SCOPE of the Project is changed materially, compensation shall be the subject to renegotia-tion. B. IF THE SERVICES covered by this Agreement have not been completed within compensation, rates and multiples set forth in Paragraph s arag aphSII shall bet subjectfto renegotiation. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA® • 01974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 of Probable Construction Cost, shall assist the Owner in ARCHITECT'S SERVICES obtaining bids or negotiated proposals, and in awarding and preparing construction contracts.1.1 BASIC SERVICES CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACTTheArchitect's Basic Services consist of the five phases described below and include normal strut- 1.1.10 The Construction Phase will commence with thetural, mechanical and electrical engineering services award of the Construction Contract and will terminateandanyotherservicesincludedinArticle14aswhenthefinalCertificateforPaymentisissuedtotheBasicServices. Owner. SCHEMATIC DESIGN PHASE 1.1.11 The Architect shall provide Administration of the1.1.1 The Architect shall review the program furnished Construction Contract as set forth in AIA Document Alo7 orbytheOwnertoascertaintherequirementsoftheProjectA201, General Conditions of the Contract for ConstrueandshallconfirmsuchrequirementstotheOwner. lion, and the extent of his duties and responsibilities and 1.1.2 Based on the mutually agreed upon the limitations of his authority as assigned thereunderYbpprogram, the shall not be modified without his written consent.Architect shall prepare Schematic Design Studies consist-ing of drawings and other documents illustrating the 1.1.12 The Architect, as the representative of the OwnerscaleandrelationshipofProjectcomponentsforap- during the Construction Phase, shall advise and consultprovalbytheOwner.with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect. The1.1.3 The Architect shall submit to the Owner a State-Architect shall have authority to act on behalf of thementofProbableConstructionCostbasedoncurrent area, volume or other unit costs. Owner to the extent provided in the General Conditions unless otherwise modified in writing.DESIGN DEVELOPMENT PHASE 1.1.4 approved 1.1.13 The Architect shall at all times have access to1.4 The Architect shall prepare from the a the Work wherever it is in preparation or progress.Schematic Design Studies, for approval by the Owner, theDesignDevelopmentDocumentsconsistingofdrawings 1.1.14 The Architect shall make periodic visits to the and other documents to fix and describe the size and site to familiarize himself generally with the progress and character of the entire Project as to structural, mechani- quality of the Work and to determine in general if the cal and electrical systems, materials and such other essen- work is proceeding in accordance with the Contractfiatsasmaybeappropriate.Documents. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner1.1.5 The Architect shall submit to the Owner a further against defects and deficiencies in the Work of the Con-Statement of Probable Construction Cost.tractor. The Architect shall not be required to make CONSTRUCTION DOCUMENTS PHASE exhaustive or continuous on-site inspections to check the 1.1.6 The Architect shall prepare from the approved quality quantity of the Work. The Architect shall notberesponsibleonsibleforconstructionmeans, methods, tech-Design Development Documents, for approval by the niques, sequences or procedures, or for safety precautionsOwner, Drawings and Specifications setting forth in and programs in connection with the Work, and he shalldetailtherequirementsfortheconstructionoftheentirenotheresponsiblefortheContractor's failure to carry outProjectincludingthenecessarybiddinginformation, and the Work in accordance with the Contract Documents.shall assist in the preparation of bidding forms, the Con- 1.1.15 Based on such observations at the site and onditionsoftheContract, and the form of Agreement the Contractor's Applications for Payment, the ArchitectbetweentheOwnerandtheContractor. shall determine the amount owing to the Contractor and1.1.7 The Architect shall advise the Owner of any shall issue Certificates for Payment in such amounts. TheadjustmentstopreviousStatementsofProbableCon- issuance of a Certificate for Payment shall constitute astructionCostindicatedbychangesinrequirementsorrepresentationbytheArchitecttotheOwner, based ongeneralmarketconditions. the Architect's observations at the site as provided in 1.1.8 The Architect shall assist the Owner in filing the cation rforaPayment, thatithe Work haslprogressed to Appli- therequireddocumentsfortheapprovalofgovernmentalpointindicated; that to the best of the Architect's knowl-authorities having jurisdiction over the Project, edge, information and belief, the quality of the Work isBIDDINGORNEGOTIATIONPHASEinaccordancewiththeContractDocuments (subject to 1.1.9 The Architect, following the Owner's approval of Contract Documentsents upon Substantial fCo pletion, t to the the the Construction Documents and of the latest Statement results of any subsequent tests required by the Contract MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIAC®? • '1974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006 3 Documents, to minor deviations from the Contract Docu- 1.2.4 Through the on-site observations by Full-Timementscorrectablepriortocompletion, and to any specific Project Representatives of the Work in progress, the Ar-qualifications stated in the Certificate for Payment); and chitect shall endeavor to provide further protection forthattheContractorisentitledtopaymentintheamounttheOwneragainstdefectsintheWork, but the furnish-certified. By issuing a Certificate for Payment, the Archi- ing of such project representation shall not make thetectshallnotbedeemedtorepresentthathehasmadeArchitectresponsibleforconstructionmeans, methods,any examination to ascertain how and for what purpose techniques, sequences or procedures, or for safety pre-the Contractor has used the moneys paid on account of cautions and programs, or for the Contractor's failure totheContractSum. perform the Work in accordance with the Contract1.1.16 The Architect shall be, in the first instance, the Documents. interpreter of the requirements of the Contract Docu- 1.3 ADDITIONAL SERVICESmentsandtheimpartialjudgeoftheperformancethere- under by both the Owner and Contractor. The Architect The following Services shall be provided when au-shall make decisions on all claims of the Owner or Con-tractor relating to the execution and progress of the Work paid for by the Owner as hereinbefore provided.and on all other matters or questions related thereto. '.1 Providing analyses of the Owner's needs, andTheArchitect's decisions in matters relating to artistic gran • ling the requirements of the Project. p effect shall be final if consistent with the intent of theContractDocuments.1.3.2 Pr. 'iding financial feasibility or o r special1.1.17 The Architect shall have authority to reject Work studies. which does not conform to the Contract Documents. 1.3.3 Providing p nning surveys, s' • evaluations, envi-Whenever, in his reasonable opinion, he considers it nec- ronmental studies or -.mparativ• studies of prospectiveessaryoradvisabletoinsuretheproperimplementationsites. of the intent of the Contract Documents, he will have authority to require special inspection or testing of any 1.3.4 Providing design ervic _ relative to future faciliWorkinaccordancewiththeprovisionsoftheContractties, systems and e .rpment whit are not intended toDocumentswhetherornotsuchWorkbethenfabricated, be constructed . part of the Project. installed or completed. 1.35 Pro I ing services to investigate e sting condi-1.1.18 The Architect shall review and approve shop bons o acilities or to make measured drawin• thereof,drawings, samples, and other submissions of the Contrac-or • verify the accuracy of drawings or other in'.rma-tor only for conformance with the design concept of the )n furnished by the Owner.Project and for compliance with the information given 1.3.6 Preparing documents for alternate bids or out-of-,in the Contract Documents. sequence services requested' by the Owner.1.1.19 The Architect shall prepare Change Orders. Providing Detailed Estimates of Construction or deta e. quantity surveys or inventories o aterial, 1.1.20 The Architect shall conduct inspections to de-termine the Dates of Substantial Completion and final equipment an Thor. completion, shall receive and review written guarantees 1.3.8 Providing interio esi • and other services re-and related documents assembled by the Contractor, and quired for or in conneshallissueafinalCertificateforPayment. the selection of furni- ture and furnishi j .1.1.21 The Architect shall not be responsible for the 1.3.9 P c Kling services for planning tenan rental acts or omissions of the Contractor, or any Subcontrac- s.. es.tors, or any of the Contractor's or Subcontractors' agentsoremployees, or any other persons performing any of 1.3.10 Making revisions in Drawings, Specifications ortheWork. other documents when such revisions are inconsistent 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES with written approvals or instructions previously givenandareduetocausesbeyondthecontroloftheArchi-1.2.1 If more extensive representation at the site than tect. is described under Subparagraphs 1.1.10 through 1.1.21 1.3.11 Preparing supporting data and other services ininclusiveisrequired, and if the Owner and Architect connection with Change Orders if the change in theagree, the Architect shall provide one or more Full-Time Basic Compensation resulting from the adjusted ContractProjectRepresentativestoassisttheArchitect. Sum is not commensurate with the services required of1.2.2 Such Full-Time Project Representatives shall he the Architect. selected, employed and directed by the Architect, and the 1. .Architect shall be compensated therefor as mutually als and valualtions estigati tin involving decal aor agreed between the Owner and the Architect as set forth inventories rer s, and surveys or in an exhibit appended to this Agreement. connec th construction c w the Owner. 1.2.3 The duties, responsibilities and limitations of au- 1.3.13 Providing consultation concerning replacementthorityofsuchFull-Time Project Representatives shall be of any Work damaged by fire or other cause during con-set forth in an exhibit appended to this Agreement. struction, and furnishing professional services of the type 4 AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIAO • ©1974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 set forth in Paragraph 1.1 as may be required in connec- 2.5 The Owner shall furnish structural, mechanical, tion with the replacement of such Work, chemical and other laboratory tests, inspections and re-1.3.14 Providing professional services made necessary ports as required by law or the Contract Documents.by the default of the Contractor or by major defects in 2.6 The Owner shall furnish such legal, accounting, andtheWorkoftheContractorintheperformanceoftheinsurancecounselingservicesasmaybenecessaryfortheConstructionContract. Project, and such auditing services as he may require to1.3.15 Preparing a set of reproducible record prints of ascertain how or for what purposes the Contractor hasdrawingsshowingsignificantchangesintheWorkmadeusedthemonespaidtohimundertheConstructionduringtheconstructionprocess, based on marked up y Contract. prints, drawings and other data furnished by the Contrac-- 2.7 The services, information, surveys and reports re-tor to the Architect. quired by Paragraphs 2.3 through 2.6 inclusive shall bevieingextensiveassistanceintheionfurnishedattheOwner's expense, and the Architect shallofanyequipnasystemsuchisstart-up or be entitled to rely upon the accuracy and completenesstesting, adjusting and ba ••-:--- reparation of operation thereof. and maintena • ,nuals, training p .•. I 'for o era-do aintenance, and con ningtion durinI= f p 2.8 If the Owner becomes aware of any fault or defectchili. in the Project or non-conformance with the ContractDocuments, 1.3.17 Providing services after issuance to the Owner of ec shall give prompt written notice thereofthefinalCertificateforPayment. to the Architect. 1.3.18 Preparing to serve or serving as an expert witness 2.9 The Owner shall furnish information required of himinconnectionwithanypublichearing,arbitration pro- as expeditiously as necessary for the orderly progress ofceedingorlegalproceeding. the Work. 1.3.19 Providing services of professional consultants for ARTICLE 3otherthanthenormalstructural, mechanical and electri-cal engineering services for the Project. CONSTRUCTION COST 1.3.20 Providing any other services not otherwise in- 3.1 If the Construction Cost is to be used as the basiscludedinthisAgreementornotcustomarilyfurnishedinServices, determining the the al Compensation for cost to accordance with generally accepted architectural practice. Services, it shall be toe toel cost or estimated cost toPtheOwnerofallWorkdesignedorspecifiedbytheARTICLE2Architect. The Construction Cost shall be determined asfollows, with precedence in the order listed:THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall 3.1.1 For completed construction, the cost of all such2.1 a complete provide full information, including Work, including costs of managing construction;p program, regarding his requirements for theProject. 3.1.2 For Work not constructed, (1) the lowest bona fide2.2 The Owner shall designate, when necessary, a rep- Work, or 2) fif the Work isdno t bid, the aboar fide nego-resentative authorized to act in his behalf with respect to tiated proposal submitted for any or all of such Work; ortheProject. The Owner shall examine documents sub-mitted by the Architect and shall render decisions per- 3.1.3 For Work for which no such bid orrainingtheretopromptly, to avoid unreasonable dela received, (1) the latest Detailed Estimate of ConstructionthetheprogressoftheArchitect's services. y in Cost if one is available, or (2) the latest Statement ofTheOwnershallfurnisacertiie. an. survey .• Probable Construction Cost. the •to giving, as applicable, grades and lines of sirs ts, 3.2 Construction Cost does not include the compensa- tion of the Architect and his consultants, the cost of the alleys, •avements and adjoining property; rights-. -way,restriction easements, encroachments, zonin., deed re- land, rights-of-way, or other costs which are the responsistrictions, bo, daries and contours of the e; locations, bility of the Owner as provided in Paragraphs 2.3 throughdimensionsan. complete data perta.• ng to existing 2.6 inclusive.buildings, other in ,rovements and ••es; and full infor- 3.3 The cost of labor, materials and equipment furnishedmationconcerningavableserviandutilitylinesbothbytheOwnerfortheProjectshallbeincludedinthepublicandprivate, abo a , below grade, including Construction Cost at current market rates including ainvertsanddepths. reasonable allowance for overhead and profit.2.4 The Owner shall rnish the .ervices of a soils engi-neer or other cons. ant when such rvices are deemed ailedSCostpEstimates prepared by thecArrchi eocttrepresent and De- necessary by the • rchitect, including re. rts, test borings, his best judgment as a design professional familiar withtestpits, so searing values, percolation ests, air and the construction industry. It is recognized, however, thatwaterp. ution tests, ground corrosion an resistivity neither the Architect nor the Owner has any control overtests -. other necessary operations for determi . g sub- the cost of labor, materials or equipment, over the con-so , air and water conditions, with appropriate p •fes- tractors' methods of determining bid prices, or over corn-onal recommendations. petitive bidding or market conditions. Accordingly, the MA T E AMERICANTINSTITUTEE OFEARCHIFTEC ST 735E NEW YORKAAVE., N.W74WASHIINGTON,AD.C. 20006 a ®1974 5 4 Architect cannot and does not guarantee that bids will ees, or his professional consultants in the interest of thenotvaryfromanyStatementofProbableConstructionProjectfortheexpenseslistedinthefollowingSubpara-Cost or other cost estimate prepared by him. ra hs:g P 33 When a fixed limit of Construction Cost is estab- 5.1.1 Expense of transportation and living when travel-lished as a condition of this Agreement, it shall be in ing in connection with the Project; long distance callswritingsignedbythepartiesandshallincludeabiddingandtelegrams; and fees paid for securing approval ofcontingencyoftenpercentunlessanotheramountisauthoritieshavingjurisdJctionovertheProject, 4sagreeduponinwriting. When such a fixed limit is estab- dv7yJOr'/zer/ ' Crt o Cl ieL,i alished, the Architect shall be permitted to determine what '' repro uctions, nr nse of re postage anc iT*M• gmaterials, equipment, component systems and types of of Drawings anc ationc g •uplicate setsconstructionaretobeincludedintheContractDocu- at the completio• • as• •• Owner's reviewments, and to make reasonable adjustments in the scope a • •va of the Project to bring it within the fixed limit. The archi- 5.1.3 If authorized in advance by the Owner, expensetectmayalsoincludeintheContractDocumentsalter- of overtime work requiring higher than regular rates andnatebidstoadjusttheConstructionCosttothefixed expense of renderings or models for the Owner's use.limit. 3.5.1 If the Bidding or Negotiating Phase has not corn- 5.1.4 Expense of computer time for professional services menced within six months after the Architect submits the when included in Paragraph II. Construction Documents to the Owner, any fixed limit 5.1.5 Expense of computer time when used in connec-of Construction Cost established as a condition of this tion with Additional Services.Agreement shall be adjusted to reflect any change in thegenerallevelofpriceswhichmayhaveoccurredinthe ARTICLE 6constructionindustryfortheareainwhichtheProjectislocated. The adjustment shall reflect changes between PAYMENTS TO THE ARCHITECTthedateofsubmissionoftheConstructionDocuments6.1 Payments on account of the Architect's Basic Serv-to the Owner and the date on which proposals are ices shall be made as 'follows:sought. 3.5.2 When a fixed limit of Construction Cost, including 6.1.1 A i initial p. •• e the Bidding contingency (adjusted as provided in Sub- paragraph 3.5.1, if applicable), is established as a condi- 6.1.2 Subsecc44 {?ayments for Basic Services shall betionofthisAgreementandisexceededbythelowestmademonthlyinproportiontoservicesperformedsobonafidebidornegotiatedproposal, the Detailed Esti- that the compensation at the completion of each Phase,mate of Construction Cost or the Statement of ProbableConstructioncost, the Owner shall (1) give written ap- shall equal the follow-proval of an increase in such fixed limit, (2) authorize re- ing percentages of the total Basic Compensation:bidding the Project within a reasonable time, or (3) co- operate in revising the Project scope and Schematic Design Phase 35% quired to reduce the Probable Construction Cost. In the Constructiontr Development nts P 3JnU case of (3) the Architect, without additional charge, shall Consgction Documents Phase 80% modify the Drawings and Specifications as necessary to Construction Bidding or Negotiation Phase 80%bring the Construction Cost within the fixed limit. The Construction Phase 100% providing of such service shall be the limit of the Archi- . 3 If the Contract Time initially established intect's responsibility in this regard, and having done so, Cons coon Contract is exceeded by more tha• irtytheArchitectshallbeentitledtocompensationinaccord- days thro 'h no fault of the Architect, corn • sation forancewiththisAgreement. Basic Service •erformed by Principals - nployees and ARTICLE 4 professional cons. ants required t omplete the Ad- ministration of the a structio• Contract beyond theDIRECTPERSONNELEXPENSEthirtiethdayshallheco ••ted as set forth in Para- Personnel Expense is etine• as t e sa a • graph II for Additional rvic professions , finical and clerical em s engaged 6.2 Payments fc r dditional Service of the Architect asontheProjectbyrchitethecostoftheirdefinedinP ,graph 1.3, and for Reimb Able Expenses •mandatory and custon •e such as statutory ern_ as deli • in Article 5, shall be made mo 11y uponployeebenefsurance, sick leave, • 1 5, vacations, pre- tation of the Architect's statement of servi ren-pen - and similar benefits. red. ARTICLE 5 6.3 No deductions shall be made from the Architect's REIMBURSABLE EXPENSES compensation on account of penalty, liquidated dam-REIMBURSABLE or other sums withheld from payments to con-5.1 Reimbursable Expenses are in addition to the Com- tractors. pensation for Basic and Additional Services and include 6.4 If the Project is suspended for more than threeactualexpendituresmadebytheArchitect, his employ- months or abandoned in whole or in part, the Architect 6 MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • IANUARY 1974 EDITION • AIAO • ©1974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 shall he paid his compensation for services performed the other party to this Agreement and to the partners,prior to receipt of written notice from the Owner of such successors, assigns and legal representatives of such othersuspensionorabandonment, together with Reimbursable party with respect to all covenants of this Agreement.Expenses then due and all termination expenses as de- Neither the Owner nor the Architect shall assign, subletfinedinParagraph8.3 resulting from such suspension or or transfer his interest in this Agreement without theabandonment. If the Project is resumed after being sus- written consent of the other.pended for more than three months, the Architect's compensation shall be subject to renegotiation. 6.5 Payments due the Architect under this Agreement ARTICLE 11 shall bear interest at the legal rate commencing sixty ARBITRATIONdaysafterthedateofbilling. 11.1 All claims, disputes and other matters in question ARTICLE 7 between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall beARCHITECT'S ACCOUNTING RECORDS decided by arbitration in accordance with the Construc- tionofReimbursableExpensesandexlensestion Industry Arbitration Rules of the American Arbitra-Records to Additional Services on the Project alnd for pertain- tion Association then obtaining unless the parties mutually performed on the basis of a Multiple of Direct Personnel agree otherwise. No arbitration, arising out of, or relating1OthisAgreement, shall include, by consolidation, joinderExpenseshallbekeptonagenerallyrecognizedaccount-ing basis and shall be available to the Owner or his or in any other manner, any additional party not a partying authorized abasis and shall at mutually convenient timhis to this Agreement except by.written consent containing a specific reference to this Agreement and signed by all the ARTICLE 8 parties hereto. Any consent to arbitration involving an additional party or parties shall not constitute consent toTERMINATIONOFAGREEMENTarbitrationofanydisputenotdescribedthereinorwith any party not named or described therein. This Agreement8.1 This Agreement may be terminated by either party to arbitrate and any agreement to arbitrate with an addi-upon seven days' written notice should the other party tional party or parties duly consented to by the partiesfailsubstantiallytoperforminaccordancewithitstermsheretoshallbespecificallyenforceableunderthepre-through no fault of the party initiating the termination. vailing arbitration law. 8.2 In the event of termination due to the fault of par- 11.2 Notice of the demand for arbitration shall be filedtiesotherthantheArchitect, the Architect shall be paid in writing with the other party to this Agreement andhiscompensationforservicesperformedtoterminationwiththeAmericanArbitrationAssociation. The demanddate, including Reimbursable Expenses then due and all shall be made within a reasonable time after the claim,termination expenses.dispute or other matter in question has arisen. In no Termination Expenses are defined as Reimburs e event shall the demand for arbitration be made after thet. Termination Expenses are to termination us an date when institution of legal or equitable proceedings amount co ted as a based on such claim, dispute or other matter in questionpercentageofthcalcompen- would be barred by the applicable statute of limitations.sation earned to e time of termi n, as follows:20 percent if termina i .- IN during the Schematic 11.3 The award rendered by the arbitrators shall be fi-Design Phase; or nal, and judgment may be entered upon it in accordance10percentifto —.nation occurs •. ng the Design De- with applicable law in any court having jurisdictionvelopme ' ase; or thereof. 5 cent if termination occurs during a subse- uent phase. ARTICLE 12 ARTICLE 9 EXTENT OF AGREEMENT OWNERSHIP OF DOCUMENTS This Agreement represents the entire and integratedDrawingsandSpecificationsasinstrumentsofserviceareagreementbetweentheOwnerandtheArchitectand and shall remain the property of the Architect whether supersedes all prior negotiations, representations orthe shall Project remain which they are of the is Architect whether not. agreements, either written or oral. This Agreement mayTheyarenottobeusedbytheOwneronotherprojectsOwnerner aned only by written instrument signed by bothorextensionstothisProjectexceptbyagreementinwrit- Owner and Architect. ing and with appropriate compensation to the Architect. ARTICLE 10 ARTICLE 13 SUCCESSORS AND ASSIGNS GOVERNING LAW The Owner and the Architect each binds himself, his ernledsbytthe law of therprlincipalApl cenofnbusinless of the, this partners, successors, assigns and legal representatives to Architect. NIA DOCUMENT B141 • OWNER-ARCHITECT AGREENtENT • JANUARY 1974 EDITION • AIA& • 01974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 7 7 ARTICLE 14 OTHER CONDITIONS OR SERVICES The City of Wichita Falls, Federal Aviation Administration, Comptroller General oftheUnitedStatesoranyoftheirdulyauthorizedrepresentativesshallhaveaccesstoanybooks, documents, papers and records of the Engineer which are directlypertinenttothisprojectforthepurposeofmakingaccurateexamination, excertps,and transcription. This Agreement executed the day and year first written above. OWNER ARCHITECT City 1LM.ager Attest: Approved as to Form: 21" 56-7-7 City Clerk City Attorney jf 8 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIAO • ©1974THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 i STATE OF TEXAS COUNTY OF WICHITA This contract, made and entered into as of the 20th day of June 1978, by and between the City of Wichita Falls, Wichita Falls, Texas, (hereinafter called "Owner") and the firm of Biggs F Mathews, Inc. , Consulting Engineers, Wichita Falls, Texas, (hereinafter called Engineer") WITNESSETH: WHEREAS, the Owner will require the construction of certain improvements involving construction of a new taxiway to the commercial ramp; reconstruction of the internal access roads and expansion of the commerical-general aviation ramps at the City of Wichita Falls Municipal Airport, and WHEREAS, the firm of Biggs C Mathews, Inc. , is acceptable to the Owner and is willing to enter into a contract to perform engineering services required by the Owner: NOW THEREFORE, it is agreed as follows: I The Owner hereby retains the Engineer for all engineering services required in connection with the airport construction. The services performed by the Engineer in connection with the proposed improvements shall be as follows: I. Prepare plans and specifications; II. Prepare contract documents; III. Conduct general and/or resident supervision of project; 1- IV. Prepare monthly progress reports and pay estimates and submit same to Federal Aviation Administration for payment; V. Prepare "As-Built" plans; VI. Assist Owner in the final project acceptance process with the Federal Aviation Administration. II Item No. I - Preparing of detailed plans and specifications shall include: a) Establishing the scope of any soil and foundation investigations which may be required and making the necessary arrangements to obtain the necessary services. b) Surveys, preliminary design and layout of the improvements; c) Preparation of detailed plans; d) Preparation of project quantities and cost estimates; e) Furnish to the Owner all necessary copies of approved plans, specifications, notices to bidders and proposal forms. Item No. II - Prepare Contract Documents shall include: a) Preparation of the Contracts and specifications; b) Assistance in the advertisement of the project for bids; c) Assistance in the opening, tabulation and analysis of the bids received and recommendations as to the appropriate action to be taken; d) Assistance in the preparation of formal contract documents for construction contracts. 2- Item No. III - Conduct general and/or resident supervision of project shall include: a) Making periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the executed work and to determine in general if the work is pro- ceeding in accordance with the contract documents. In carrying out this function, it is understood that the Engineer does not guarantee the contractor's performance, nor is he responsible for supervision of the contractor's operation and employees; b) Consulting and advising with the Owner and preparing routine change orders as required; c) Reviewing shop and working drawings and design mixes furnished by contractors for compliance with design concept and with information given in contract documents (contractor is responsible for dimensions to be confirmed and correlated at job site) ; d) Preparation of monthly and final estimates for payments to contractors, and furnighing any necessary certifications as to pa'.ments to contractors and suppliers; e) Performing, in company with the representative of the Owner, a final inspection of the project; f) Revision of construction drawings, with the assistance of the resident Project Representative, to reflect any revision.. .uic;.uded in construction records; 3- g) Preparing reports as required by the Federal Aviation Administration; h) Furnish Owner with one (1) reproducible set of construction drawings and five (5) sets of prints. Item No. IV - Prepare monthly progress reports and pay estimates and submit same to Federal Aviation Administration for payment stall include: a) Keeping a construction log of activities in order that a chronological record of the project may be maintained; b) Preparation of monthly pay estimates for preparat:.on to Federal Aviation Administration; c) Maintain a file of these activities for future reference. Item No. V - Prepare "As-Built" plans shall include: a) Updating plans to show any changes during construot.ion; b) Furnish Owner with five (5) sets of "As-Built" prints and one (1) set of reproducible tracings. Item No. VI - Assist Owner in the final project acceptance process with the Federal Aviation Administration shall include: a) Maintaining liaison with the Federal Aviation min stration t<: furnish all necessary information and data required for final acde'dtance; b) Assisting Owner in complying with any requireme_nts set forth by the Federal Aviation Administration. III For the.basic services performed under Section II of t:Iis Agreement, the compensation to the Engineer shall be set at a fixed fee c•i ti 4;.,2 b 0.00 ,for the 4- o and JAV peei€i-ea-tions. Upon completion of detailed plans and specifications, and/or the required review by the State ,sr federal agencies, eighty percent (80%) of the total basic charge shall be due and payable. The remaining twenty percent (20%) shall be paid during construction in proportion to the contractor's earnings. For special services such as court litigation and other miscellaneous services not outlined in Section II, the Engineer shall be compensated on the basis of the Schedule shown in Section IV. Statements for services in this category shall be rendered monthly and payment shall be due not less than thirty 30) days after submission of a statement. IV The charge provided herein shall not include property, :cundary, and right-of-way surveys, shop, mill, field or laboratory inspection of materials; cost of inspection borings or other subsurface explorations; copies of As-Built" plans and specifications in excess of five (5) ; calculations of special assessments; the services of a resident Project Representative for continuous on-te-site observance 'of the work.; or the furnishing of constructi, i 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 cf the work or the furnishing of construction line and grade surveys, the En ireer will furnish this service at the following schedule of rates: SURVEY PERSONNEL Four man survey party 34 .0C ner hourThreemansurveyparty29.50 per hourLandSurveyor15.00 per hour 5- CONSTRUCTION INSPECTION Resident Engineer 19.00 per hourResidentInspector11.25 per hour ENGINEERING AND GENERAL SUPERVISOR Principal or Officer of Firm 30.00 per hourProjectEngineer20.00 per hourSeniorDraftsman10.00 per hourJr. Draftsman 7.25 per hour Direct expenses and subcontract costs incurred shall be reimbursed at Aiw actual costa 4 If during preparation of the plans and specifications, or thereafter, the Engineer shall be required to render additional services because of changes, or delays, or other causes beyond his control, then the Engineer shall he compensated for such additional services on the basis of the schedule set out in Section IV. V It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be 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 rendered. 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. 6- VI Any provision in this contract notwithstanding, it is specifically under- stood 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 therefore. VII This contract shall not be assignable in whole or in part without the consent of the Owner. VIII All payments for services rendered by the Engineer that have not bean paid within sixty (60) days after becoming due shall thereafter accrue interest at the rate of eight percent (8%) per annum. IX In connection with all the work outlined or contemplated above, it is agreed that the Owner or the Engineer may cancel or terminate this contr pct upon thirty (30) days written notice of such cancellation from either pdt ty 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 he compensated in accordance with the term of this agreement for all work accomplished by him prior to the receipt of notice of such termination. The City of Wichita Falls, Federal Aviation Administration, Comptroller general of the United States or any of their duly authorized representatives 7_ shall have access to any books, documents, papers and records of the Engineer which are directly pertinent to this project for the purpose of making accurate examination, excertps, and transcription. XI Ownership of any Airport Layout Plan prepared by the Engineer shall remain with the Owner. If the Owner shall so direct the plan may remain in the files of the Engineer; however, the Owner shall have access to this Plan whenever he deems it necessary. The Engineer shall have access to any existing City plats and records in the possession of the Owner that will be of benefit in the preparation of the plans and specifications. IN WITNESS HEREOF, the City of Wichita Falls, Texas, has caused this contract to be executed by its City Manager and attested by its City Clerk and the official seal of the City affixed hereto, and Biggs 8 Mathews, Inc. , Consulting Engineers, has caused this contract to be executed by its President and its Secretary, with all such executions being in quadruplicate, each of which shall constitute an original, and all of which has been done as of the date here above first written. CITY OF WICHITA FALLS BY 0 , Manager ATTEST:APPROVED AS TO FORM: 00/ --)-9 1//' City Clerk l' I), City Attorney // 8- - BIGGS E MATHEWS, INC. Consulting Engineers QC BY J.r. Biggs, Jr. , P.E. , President Registered Professional Engineer No. 16101 ATTEST:' Secretary (I u/ 9- F_ , I,1 ,1 qi„, i- ,,,,„ III L_1 ----2= Ill/ 'if. ' 1 Clin lin WICHITA FALLS,TEXAS 76307 D O __ L ' 7H~ P.O.Box 1431 s May 30, 1978 Mr. James Missler, Administrator Wichita Falls Clinic 501 Midwestern Parkway EastWichitaFalls, Texas 76302 Dear Mr. Missler: This letter will evidence our agreement whereby the Wichita Falls ClinicIndustrialDepartmentwillprovidemedicalservicesfortheCityofWichitaFallsasanindependentcontractor. This agreement shall be foratermofoneyear, from July 1 , 1978 through June 30, 1979; thereafter,this agreement shall continue until one of us gives the other thirty daysnoticeinwritingthatitshallterminate. The Wichita Falls Clinic Industrial Department shall render medical servicesasnumeratedbelow: Medical Services Cost 1 . Pre-employment and other physical examinations*15.00 ea. 2. Urinalysis* 4.00 ea. 3. Back X-rays (AP & L)** 22.00 ea. Temporary summer employees of the City shall pay for their own examinationandurinalysis. Back X-rays are only administered to those prospective employees that weindicateontheirpre-employment physical form. Final reports on pre-employment physicals and related tests shall be submittedtotheCityofWichitaFalls ' Personnel Department within twenty-four hoursexcludingweekendsandholidays) after services have been rendered. This agreement shall also obligate the Wichita Falls Clinic IndustrialDepartmenttoseeCityemployeeswhohavebeeninjuredonthejob. The Citywillpayfortheofficevisitandallrelatedcosts. Mr. James Missler, AdministratorMay30, 1978 Page 2 If this letter correctly states our agreement, please so indicatesignaturebelow. e b y your Yours very truly, City of Wichita Falls e 1 iri 3[7:1°1-1111 14i,' '" v WICHITA FALLSEXAMS, 76-30;2 :Vit7= itii4J P.O.Box 1431 May 30, 1978 Dr. Gail Thornton, Jr. Medical Arts Building Wichita Falls, Texas 76301 Dear Dr. Thornton: Effective May 31, 1.978, your contract to provide medical services for the City of Wichita Falls will expire. This letter shall serve as an official agreement to extend your present contract for a term of one month, from June 1, 1978 through June 30, 1978; thereafter, this agreement shall terminate. City shall pay you a fee of $375.00 for the month of June. This fee shall cover all pre-employment physical examinations which you will perform on all new city employees; in addition, we will pay you $3.00 for a urinalysis on each new city employee. In this regard, "new employees" shall include all applicants for employment as firemen and policemen. For each physical examination which you perform on city employees , other than new employees , we shall pay you $8.00 for the physical examination, plus $3.00 for a urinalysis. Temporary summer employees of the city shall furnish their own physical examinations. If this letter correctly states our agreement, please so indicate by your signature below. Yours very truly, City of Wichita Falls. Texas