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Min 07/11/1978652 Wichita Falls , Texas Memorial Auditorium Building July 11 , 1978 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Hardy McAlister Carol Russell Curtis Smith Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Fred E. Bassett Absent The invocation was given by Jim Palmer, Floral Heights United Methodist Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held June 6, 1978, be approved. Motion seconded by Alderman Smith, and carried unanimously. Items 4 - llb Moved by Alderman Thomas that Items 4 through llb be approved. Motion seconded by Alderwoman Russell . Item 4a ORDINANCE NO. 3327 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. This ordinance provides for audit fees. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 4b vORDINANCE NO. 3328 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NO. 11 -091-4430, AND DECLARING AN EMERGENCY. This appropriation is necessary for attorneys ' fees in a federal court case. Ayes : Mayor Hill , Aldermen McAlister, Smith , Thomas, Adcock, and Alderwoman Russell Nays: None Item 4c ORDINANCE NO. 3329 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. This ordinance provides additional funds for election and advertising expense. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None 653 Item 4d ORDINANCE NO. 3330 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. This ordinance provides for appropriation of funds for code enforcement and East- side Center. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None v I tem 4e ORDINANCE NO. 3331 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. These funds are necessary to purchase a new fire truck chassis. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 4f ORDINANCE NO. 3332 AN ORDINANCE DECREASING AN APPROPRIATION FROM THE PARTICIPATION PAVING FUND FOR ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. This ordinance decreases an appropriation for alley paving costs from participation paving fund. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None ORDINANCE NO. 3333 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. This ordinance transfers the above appropriation to the Sanitation Department for alley paving costs. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 5a ORDINANCE NO. 3334 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF AN EASEMENT LOCATED IN THE HURSH ESTATES, FIRST SECTION, OF THE CITY OF WICHITA FALLS, TEXAS. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 5b ORDINANCE NO. 3335 ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF ORDINANCES ON JULY 15, 1978 FOR ANNUAL SIDEWALK SALE IN THE CENTRAL BUSINESS DISTRICT. Ayes : Mayor Hill , Aldermen McAlister, Smith , Thomas , Adcock, and Alderwoman Russell AWNays : None Item 5c V ORDINANCE NO. 3336 AN ORDINANCE SUSPENDING THE ENFORCEMENT OF PARKING METERS ON SATURDAY, JULY 15, 1978 , FROM 9:00 O'CLOCK AM TO 1 :00 O'CLOCK PM IN ORDER TO PERMIT DOWNTOWN ACTIVITIES ASSOCIATED WITH THE DOWNTOWN ASSOCIATION'S SIDEWALK SALE. 654 Item 6a RESOLUTION NO. 2168 A RESOLUTION APPROVING AN EASEMENT FOR AN 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: A certain easement, a copy of which is attached hereto, for a right-of-way for an overhead 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, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 6b RESOLUTION NO. 2169 RESOLUTION APPROVING LEASE OF ADVERTISING SPACE IN THE CLAIM BAG AREA OF THE MUNICIPAL AIRPORT TERMINAL BUILDING TO COACHMAN MOTEL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Bob Kurji , owner of the Coachman Motel , whereby the City leases certain advertising space in the Claim Bag Area of the Municipal Airport Terminal Building is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 6d RESOLUTION NO. 2170 RESOLUTION APPROVING FINAL ESTIMATE AND AUTHORIZING CITY MANAGER TO MAKE FINAL PAYMENT TO ZACK BURKETT COMPANY FOR CONSTRUCTION SERVICES RENDERED UNDER ADAP PROJECT #6-48-0227-03. WHEREAS, the City of Wichita Falls and Zack Burkett Company entered into a contract dated January 23, 1978, for construction services to be rendered under ADAP Project 6-48-0227-03 (Phase III Airport Improvements) ; and, WHEREAS, said construction project has been completed in accordance with the plans and specifications ; and, WHEREAS, the contractor has submitted the final estimate on this project, which final estimate shows a total amount of work done as $156,006.64; and, WHEREAS, the amount of $139,358.38 was previously paid to the contractor leaving a balance of $16,648.26 due the contractor under the contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of improvements identified under ADAP Project 6-48-0227-03 Phase III Airport Improvements) is accepted by the City of Wichita Falls , the final estimate is approved , and the City Manager is directed to pay Zack Burkett Company the balance due as shown on such final estimate, a copy of which is attached hereto. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 6d RESOLUTION NO. 2171 RESOLUTION APPROVING ADDITIONAL WORK AND ACCEPTING CONSTRUCTION OF ASPHALTIC COLOR COAT ON FOUR TENNIS COURTS AT HAMILTON TENNIS CENTER. WHEREAS, the City of Wichita Falls and Timmins & Anderson Corporation 655 Item 6d, cont'd. entered into a contract dated June 2, 1977, for the construction of asphaltic color coat on four new tennis courts at Hamilton Tennis Center; and, WHEREAS, the contract price for such work was $7,776, and additional work in the amount of $375 consisting of recoating portions of three courts was necessary because of irregularities in the concrete surface; the total amount due on such contract is 8,151 , of which none has been paid ; and, WHEREAS, said work has been constructed in accordance with the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The additional work on such contract is approved, the construction of such asphaltic color coat is hereby accepted , and the City Manager is authorized and directed to pay to Timmins & Anderson Corporation the total amount due on said contract. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 6e RESOLUTION NO. 2172 RESOLUTION APPROVING APPRAISAL OF PROPERTY ON KELL FREEWAY RELOCATION AND AUTHORIZING THE PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by an appraiser employed by the State Department of Highways and Public Transportation and the amount of the value as determined from the appraisal has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and property to be purchased by Easement is as follows : Kell Freeway - Project 52-380 Easement 0.022 acre SPRR Company Survey No. 1 Abstract No. 281 . The total value approved in this resolution 240.00 Section No. 2 The value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the State of Texas or the City of Wichita Falls , by Easement such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is State approved value as determined from the appraisal made by a real estate appraiser employed by the State Department of Highways and Public Transportation. Section No. 3 In event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the State of Texas or the City of Wichita Falls. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 6f RESOLUTION NO. 2173 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR HUMAN RESOURCES CENTER, A PART OF MIDTOWN 2000 PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Midtown Improvements Project; and, WHEREAS, such properties have been appraised by independent appraisers employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in the possession of the Director 656 Item 6f, cont'd. of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls , Texas : MIDTOWN IMPROVEMENT PROJECT WARRANTY DEED Lot 18, Block 240, Bean & Stone S/D Original Townsite Lot 17, Block 240, Bean & Stone S/D Original Townsite Lot 16, Block 240, Bean & Stone S/D Original Townsite Lot 15, Block 240, Bean & Stone S/D Original Townsite Lot 14, Block 240, Bean & Stone S/D Original Townsite Lot 13, Block 240, Bean & Stone S/D Original Townsite N.40' of Lots 19 & 20, Block 240, Bean & Stone S/D Original Townsite. S.40' of N. 80' of Lots 19 & 20, Block 240, Bean & Stone S/D Original Townsite. N.40' of S.82.5' Lots 19 & 20, Block 240 Bean & Stone S/D Original Townsite. N.1/2 of Lot 3, Block 240, Bean & Stone S/D Original Townsite. S.l/2 of Lot 3, Block 240, Bean & Stone S/D Original Townsite. Lot 4, Block 240, Bean & Stone S/D Original Townsite. Lot 5, Block 240, Bean & Stone S/D Original Townsite. Lot 6, Block 240, Bean & Stone S/D Original Townsite. Lot 7 , Block 240, Bean & Stone S/D Original Townsite. Lot 8, Block 240, Bean & Stone S/D Original Townsite. Lot 9, Block 240, Bean & Stone S/D Original Townsite. Lot 10, Block 240, Bean & Stone S/D Original Townsite. N.40.6' of Lot 1 & 2, Block 240 Bean & Stone S/D Original Townsite. S.40.6' of N. 81 .2' of Lots 1 & 2, Block 240 Bean & Stone S/D Original Townsite. N.40.6' of S. 81 ' Lots 1 & 2, Block 240 Bean & Stone S/D Original Townsite. S.40.7' Lot 1 & 2, Block 240 Bean & Stone S/D Original Townsite. Lot 11 & 12, Block 240 Bean & Stone S/D Original Townsite. S.42.5' of Lots 19 & 20, Block 240 Bean & Stone S/D Original Townsite. The total of values approved in this resolution 134,075.00 657 Item 6f, cont'd. Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deeds such tracts of land in the name of the City of Wichita Falls, Texas. The authorized prices to be paid for such tracts are the values as determined by the appraisals made by the independent appraisers referred to above. Section No. 3 In addition to the purchase price provided for in Section 2, if the acquisition of such properties makes it necessary that any person be displaced , the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266b, Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tracts for such approved values he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls , Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such properties for more than the appraised value in order to save the estimated cost of condemnation. Alderman Thomas requested that property owners be given the opportunity to live in their homes until we need the property if they so desire. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 6g RESOLUTION NO. 2174 RESOLUTION APPROVING UPDATED APPRAISALS OF PROPERTIES ON KELL FREEWAY AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, by the adoption of Resolution Nos. 1843 and 1959 the Board of Aldermen of the City of Wichita Falls has heretofore found that it is necessary to acquire the properties hereinafter described for construction of the Kell Freeway, Project 52-380, and approved the appraised values of such properties , and ; WHEREAS, the appraisals of such properties have now been updated by the independent appraiser employed by the State Department of Highways and Public Transportation to reflect present market prices , and the updated appraisals have been approved by the State Department of Highways and Public Transportation and have been studied by the Board of Aldermen, and a copy of same is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and properties to be purchased by Warranty Deed and by Easement are as follows : Kell Freeway, Project 52-380 Warranty Deed 0.112 acre out of Block 119 Highland Addition. Being a part of a tract of land described in Volume 842, Page 257 , Deed Records of Wichita County, Texas. Easements 0.222 acre out of Block 119, Highland Addition. Being a part of a tract of land described in Volume 521 , Page 291 , Deed Records of Wichita County, Texas. 0.009 acre out of Cyrus Eakman Survey, Section No. 2, SPRR Company Survey No. 1 Abstract No. 281 , Wichita County, Texas. The combined total of values approved in this resolution 13,214.00 658 Item 6g, cont'd. Section No. 2 The updated values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the State of Texas, of the City of Wichita Falls, by Warranty Deed or by Easement such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts are the state approved values as determined from the updated appraisals rather than the original appraisals approved by the resolutions set out above) made by the independent real estate appraiser employed by the State Department of Highways and Public Transportation. Section No. 3 In the event the City Manager is unable to purchase such tracts for such approved updated values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the State of Texas or the City of Wichita Falls. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 6h RESOLUTION NO. 2175 RESOLUTION AWARDING CONTRACT TO DENVER HAWKINS FOR DEMOLITION OF HAZARDOUS STRUCTURES AND THE CLEARING AND CLEANING OF LOTS. WHEREAS, the City of Wichita Falls has advertised for bids for the demolition of certain hazardous structures and the clearing and cleaning of lots at various locations in the City; and, WHEREAS, the only bid received was that of Denver Hawkins , and that bid has been determined to be acceptable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Denver Hawkins in the amount of $13,695.00 is hereby accepted , and the City Manager is authorized to execute for the City of Wichita Falls contracts with the above for the demolition of such hazardous buildings and the clearing and cleaning of such lots. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 6i RESOLUTION NO. 2176 RESOLUTION NAMING VOTING PLACES AND OFFICIALS FOR THE MUNICIPAL ELECTION TO BE HELD AUGUST 12, 1978. WHEREAS, by Ordinance No. 3308 dated April 18, 1978, the Board of Aldermen called an election to be held on August 12, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Said election shall be held at the following named places with the following persons as Presiding Judges and Alternate Presiding Judges within the following precincts , to-wit: The voters residing in the corporate limits of Wichita Falls within the County Precinct Numbers given herein vote in the City Boxes as shown below. ) COUNTY JUDGE CITY PRECINCT AND BOX NUMBER VOTING PLACE ALTERNATE NUMBER 1 & 2 Wichita County Courthouse Mr. Manual Navarrete 1 7th and Lamar Mrs. Sharen Smith, Alternate 3 & 4 Lamar School Mrs. Bob Wise 2 2206 Lucas Mrs. Lallora Taylor, Alternate 659 Item 6i , cont'd. 5 & 50 McGaha School Mrs. Ellen R. Wages 3 1615 Midwestern Pkwy. Mrs. David M. Powers, Alternate 6 & 43 Ben Franklin School Mrs. Edwin G. Brown 4 2112 Speedway Mr. Edwin G. Brown, Alternate 7 ,40,54 Washington Kindergarten Mr. C. E. Jackson 5 600 Flood Mr. James Williams, Alternate 8 Fain School Mrs. A. D. January 6 1404 Norman Mrs. John E. Dawson, Alternate 9 & 11 Reagan Jr. High Mrs. Philip Haubert 7 1104 Broad Mrs. Squibb Parrish, Alternate 10 & 15 Alamo School Mrs. Patti Faye Gentry 8 1912 11th Mrs. Fred Martin, Alternate 12,31 ,48, Texas Hwy. Dept. Hq.Mr. Horace E. Downing 9 58 1601 Southwest Pkwy.Mr. A. C. Comstock, Alternate 13,26,27, Fannin School Mrs. Mozelle Laseman 10 61 710 Burk Rd. Mrs. Urbane Black, Alternate 14 & 45 Crockett School Mrs. Steve Marchand 11 3015 Avenue I Mrs. J. W. England, Alternate 16,57,59 Rider High School Mrs. George D. Elliott 12 4611 Cypress Mrs. Edna Capron, Alternate 17 & 47 Tech. Training Center Mrs. R. B. Dodd 13 1609 Blonde Mrs. J. D. Dixon, Alternate 41 Huey School Mrs. D. L. Chancellor 14 1513 North 6th Mrs. Gladys Moore, Alternate 18,42,46 Hirschi High School Mrs. D. A. Shook 15 3106 Borton Lane Mrs. W. L. Voyles, Alternate 19 & 44 Wichita Falls High School Mr. A. F. Edwards 16 2149 Avenue H Mrs. Marion Wainscott, Alternate 20 & 22 Zundelowitz Jr. High Mrs. I . C. Presson 17 1607 Polk Mrs. W. T. Box, Alternate 21 & 53 Harrell School Mrs. C. F. Rippetoe 18 3115 5th St. Mrs. 0. W. Loveless , Alternate 23,24,25 Sam Houston School Mrs. George Stracener 19 2500 Grant Mrs. Theodore Moore, Alternate 30 & 51 Barwise Jr. High School Mrs. E. E. Wood 20 3807 Grant Mrs. Joe Steele, Alternate 660 Item 6i , cont'd. 52 Ben Milam School Mrs. John Penn 21 2906 Stearns Mrs. James T. Spray, Alternate 55 & 56 Cunningham School Mrs. Sarah Lewis 22 4107 Phillips Mrs. Edith Eckert, Alternate The presiding judge for each precinct shall appoint not less than two nor more than four clerks who shall assist the presiding judge and alternate in conducting the election. The City Clerk shall give notice of this election by publication in a newspaper of general circulation published in the City as required by law. Ayes : Mayor Hill . Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 7a The low bid for an annual supply of 350 tons of liquid chlorine was awarded to Thompson-Hayward Chemical Company in the amount of $187.80 per ton ($65,730) . Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 8a i RESOLUTION NO. 2177 RESOLUTION APPROVING CHANGE ORDER AND FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF WATER FACILITIES FOR CITY VIEW HEIGHTS ADDITION. WHEREAS, the City of Wichita Falls and Bowles Construction Company, as contractor entered into a contract dated February 1 , 1978, wherein said contractor agreed to construct water distribution mains in City View Heights Addition; and, WHEREAS, said construction has been completed in accordance with plans and specifications ; and , WHEREAS, a change order and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $139,512.39 of which $132,847.96 has been paid, leaving a balance of $6,664.43 to be paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the water distribution mains in City View Heights Addition is accepted by the City of Wichita Falls , the change order and final estimate are approved , and the City Manager is directed to pay to the contractor the amount shown on such estimate. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 8b RESOLUTION NO. 2178 A RESOLUTION APPROVING CHANGE ORDERS NUMBER FIVE AND SIX AND APPROVING CERTIFICATE OF SUBSTANTIAL COMPLETION FOR THE MARTIN LUTHER KING MULTI- PURPOSE CENTER. WHEREAS, the City of Wichita Falls and Meyers Bros. , Inc. , entered into a contract dated October 26, 1977 for the construction of the Eastside Neighborhood Service Center; and, WHEREAS, said construction has been substantially completed in accordance with plans and specifications as certified by Lambert-Dunham Associates , architect for this project; and , WHEREAS, the contract price for such construction was $378,932 and four change orders amounting to $2,693.23 were made; and, 661 Item 8b, cont'd. WHEREAS, the fifth change order for $225 is needed to change the name on the building sign to Martin Luther King Center; and, WHEREAS, the sixth change order for $359 is needed to install a six inch strip of stainless steel around the stove top, and asbestos insulation behind and under the oven; and, WHEREAS, the contract with Meyers Bros. , Inc. provides that the City shall assume responsibility for maintenance, utilities and insurance upon receipt of the Certificate of Substantial Completion; NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change orders number five and six are approved, and the Martin Luther King Multi-Purpose Center is substantially complete, and the responsibilities set out in the Certificate of Substantial Completion are accepted by the City of Wichita Falls. Alderman McAlister complained that the electric switch box is located near the front door, which makes it unattractive, and he was not in favor of passing this resolution until we find out what they propose to do about that. It was pointed out that the contractor was not responsible for the design, and he had fulfilled his obligations in construction. Chuck Dunham appeared for Lambert, Dunham and Associates, Architect, stating that they had discussed this matter with Texas Electric in pre-construction conference. Alderman Smith stated that these things are usually done for the convenience of the utility companies. Mr. Dunham stated that they put them where the utility company says they want to provide the service. Ayes : Mayor Hill , Alderwoman Russell , Aldermen Smith, Thomas, and Adcock Nays: Alderman McAlister Item 9a Authority was granted to advertise for bids for water and sewer improvements for East Industrial District. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None v Item 9b Authority was granted to advertise for bids on a portion of Plum Creek drainage project. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 10 Minutes of the meetings of the following boards and commissions were received. a. Park Board - June 20, 1978 b. Planning Board - June 14, 1978 c. Design Review Commission - May 26 and June 15, 1978 d. Mayor's Commission on Status of Women - June 1 , 1978 e. Wichita Falls Arts Commission - June 20, 1978 Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item lla A public hearing on hazardous structures was set for August 1 , 1978. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Nays: None Item llb Tax adjustments numbers 653 through 684 were approved in the amount of $980.76. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None 662 Item 12a Lieutenant Lester Carlton was honored as Employee of the Month for July. Mayor Hill presented him with a plaque, along with theatre and dinner tickets for two. Item 12b Charles Harper was recognized by Mayor Hill with a plaque denoting his service to the Planning Board. Item 12c Mrs. Jackie Spragins, 4208 York, appeared concerning 1978 property tax reappraisal areas. She read the petition of taxpayers, stating that they feel very strongly that they have been discriminated against in this area. Nothing has been said which makes it reasonable for them to accept these reappraisals. She stated that she is under the impression that an ordinance is required to change the method of taxation, and wonders if there is such an ordinance. The City Manager explained that under the cyclical program they are trying to reappraise with the staff which we have. They completed one cycle and found this year that it was out of kilter as far as accounts were concerned. It would be easier to appraise if the accounts were more equal . They recommended changes in boundry lines and requested that the Council let them know if they had any objections. None were received and the plan was instituted. This was done to even out their load to assist the staff which we had available. Reappraisals this year will be of benefit to the property owners because they will hold for three years, and those appraised in 1979 will be increased more. Dollar amounts will equal out. Mayor Hill pointed out that it was not fair to the staff to ask them to appraise so many properties at one time. Mrs. Spragins stated that she does not care about the staff. She requested that they be given a break in taxes by not assessing them full value. She suggested decreasing the values by one-third. The City Manager stated that it would not seem fair to discount their properties by one-third and not discount other properties. The Mayor stated that the appraisal is only on today's value and not on advance values. Mrs. Spragins did not disagree with the boundary lines. A lengthy discussion followed in which she stated that she did not want to take it to court. Mayor Hill replied that she would need to do what she felt was best. Dr. D. C. Burross , 2414 Brentwood, stated that Mrs. Spragins seems to think that they have a specific term in which to be appraised. The citizens want the Council to act in a businesslike manner. The fairest way is an evaluation every year, but Courts have ruled that cities who do not have the ability to do this can set a method to accomplish it. They have just been caught in a cycle change, but it will not cost them more in the long run , and they have not been treated unfairly. He feels the council members should not be castigated, but commended. Mayor Hill stated that he does not feel there is anything that they can do. Alderman Adcock stated that all indications are that real estate values are going up. Alderman McAlister encouraged them to participate in the budget hearings and tell them what services they want to do without in setting the tax rate. Gus Arakelian, 2505 Ruskin, stated that the Mayor had said he wanted to work with the people, and they cannot sweep it under the rug. He urged them to try to work out something with the committee and Mrs. Spragins. Item 14c Mayor Al Myers, from Olney, requested that they be allowed to purchase one million gallons of water per day from the City of Wichita Falls. He stated that they have 200 volunteers to lay the pipeline. He requested a temporary contract of about five years , stating they would be glad to report to the Council each year on what they have accomplished in the search for an additional water supply. The pipe and pumps are borrowed from the State of Texas , and will have to be returned. Alderman Adcock stated that water is the most important commodity in this part of our state, and he appreciates the fact that they are planning to go forward and do something for themselves. Alderwoman Russell expressed her primary concern of stewardship to our own citizens and guarding of our dwindling water supply, which was paid for by our taxpayers. Gene Probst, Engineer, spoke on the difference in consideration for treated and raw water. He stated that he believed we could sell water to Olney and not jeopardize our supply. 663 v, Item 14c, cont'd. Dr. D. C. Burross, 2414 Brentwood, stated that we should address ourselves to the question of responsibility of the City of Wichita Falls to meet dire emergencies for surrounding cities. He stated that Wichita Falls appealed to surrounding cities in trying to get a permit to build Lake Arrowhead. The best answer we got is that they would not oppose us. He feels the surrounding cities should help Wichita Falls , and make some commitments to see what they are willing to do to help us. We need to address the issue of where we can get help. We did not have anyone else coming forward and asking that they be included in trying to get a water permit for Lake Arrowhead. He does not think it is fair to the citizens of Wichita Falls to be called upon for bonded indebtedness for other communities. Ted Beck, from Olney, echoed Mayor Myers thoughts, stating that right now they need water. Charlie Mitchell , from Olney, stated that we are going to receive rain in the future. He requested that they take into consideration the spirit in which they have all come. The Board of Aldermen recessed at 11 :30, and resumed at 12:05 P.M. Moved by Alderman Smith that Olney be permitted to purchase water on a temporary basis , and that a committee be appointed to meet with them to work out contract details. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Alderwoman Russell , Aldermen Smith, Thomas , and Adcock Nays : Alderman McAlister Mayor Hill appointed Aldermen Smith (Chairman) , Russell , and McAlister as a committee. Alderman McAlister wanted the terms of the contract to be acceptable to him. Item 14d Gary Bean, City Manager of Burkburnett, appeared regarding a third amendment to their water contract. He explained that the sudden growth between our cities has caused some of this problem. They tried every avenue which they thought might be feasible to secure other water before they approached Wichita Falls for water. They could not find a supply of water which would justify the line. Gilbert Creek is the only watershed in their area, and it has a tremendous salt content. Moved by Alderman McAlister that we defer any further action on these three other water contracts until we can determine what criteria we desire to use. Motion sconded by Alderman Thomas, and carried unanimously. Item 13a A proposed ordinance was presented changing the police manpower allocation. ORDINANCE NO. 3337 ORDINANCE AMENDING SECTION 24-21 OF THE CODE OF ORDINANCES, DECREASING THE NUMBER OF CIVIL SERVICE POSITIONS OF POLICE OFFICER FROM 99 TO 95. Moved by Alderman Thomas that Ordinance No. 3337 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 13b A proposed ordinance was presented closing a portion of Production Boulevard. ORDINANCE NO. 3338 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF PRODUCTION BOULEVARD, LOCATED IN EXPRESSWAY EAST INDUSTRIAL DISTRICT, AND RESERVING AN EASEMENT THEREIN FOR STREET, UTILITY AND DRAINAGE PURPOSES. 664 Item 13b, cont'd. Moved by Alderman Thomas that Ordinance No. 3338 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None i Item 13c Discussion was held on a proposed ordinance closing a portion of Alexandria Road. Dub Dennis , 2020 Hiawatha , requested the closure as a matter of cleaning things up. Ernest Lillard stated that Alexandria should tie into Cypress Street ultimately, but they do not know when that will be. It could be possible that the alignment of property might be in conflict with future water department use. They would hate to sever property with a roadway when it might be needed for water plant expansion. The City Manager stated that the property might be needed as a dedicated lot for access to the water plant area. A motion was made by Alderman McAlister to close the street; however, no second was received. Item 13d A proposed ordinance was presented amending the comprehensive subdivision ordinance. ORDINANCE NO. 3339 AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE NUMBER 2118 OF THE CITY OF WICHITA FALLS, TEXAS, TO REQUIRE THE INCLUSION OF FLOOD PLAIN AND/OR FLOOD WAY DELINEATIONS ON ALL PLATS WHEN APPLICABLE. Moved by Alderman Thomas that Ordinance No. 3339 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13e A proposed ordinance was presented amending the solicitation ordinance. ORDINANCE NO. 3340 ORDINANCE AMENDING SECTION F OF ORDINANCE NO. 3326 (SOLICITATION ORDINANCE) TO REQUIRE A REFERENCE LETTER FOR A FIRM WHEN AN EMPLOYEE IS APPLYING FOR A PERMIT. Moved by Alderman Thomas that Ordinance No. 3340 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 14a A proposed resolution was presented directing publication of notice of intent to issue water and sewer revenue bonds. RESOLUTION NO. 2179 RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $1 ,200,000. 665 Item 14a, cont'd. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas deems it necessary and advisable that the bonds hereinafter described be authorized , issued, sold, and delivered. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That the following notice shall be published in a newspaper published in, and having general circulation in, the City of Wichita Falls, Texas , on the same day of each of two consecutive weeks , with the date of the first publication to be at least two weeks prior to the date upon which the Board of Aldermen intends to pass the Ordinance described in the following notice: NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $1 ,200,000 Notice is hereby given, in accordance with Article 2368a, Vernon' s Annotated Texas Civil Statutes , that the Board of Aldermen of the City of Wichita Falls , Texas, intends to pass , at a Special Meeting to be held at 10:00 a.m. , on August 8, 1978, at the Council Chambers of the Memorial Auditorium, an Ordinance authorizing the issuance, sale, and delivery of an issue of negotiable coupon bonds to be designated as "City of Wichita Falls Water and Sewer Revenue Bonds , Series 1978" , in the maximum principal amount of $1 ,200,000 to be payable from and secured by an irrevocable first lien on and pledge of the Net Revenues of the City' s Waterworks and Sewer System, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed ten per centum per annum, will be scheduled to mature serially within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinance. Said bonds will be authorized, issued, sold, and delivered pursuant to Articles llllb, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes , and other applicable laws , for the purpose of providing money for improvements and extensions of the combined Waterworks and Sewer System of the City of Wichita Falls. CITY OF WICHITA FALLS, TEXAS. " Moved by Alderman McAlister that Resolution No. 2179 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 14b relative to proposed water and sewer revenue bond issue was deferred. Item 14g A proposed resolution was presented authorizing the City Manager to execute a contract with Freese, Nichols Inc. , Consulting Engineers, for water resource studies. RESOLUTION NO. 2180 RESOLUTION APPROVING CONTRACT WITH FREESE AND NICHOLS, INC. , CONSULTING ENGINEERS, FOR WATER RESOURCE STUDIES. 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 Texas Electric Service Company and Freese and Nichols, Inc. , whereby such consulting engineering firm will provide engineering services concerning potential reservoir sites capable of serving the City and Texas Electric Service Company, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2180 be passed. 666 Item 14g, cont'd. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 14h A proposed resolution was presented authorizing the City Manager to execute a contract extension for joint funding of Wichita County Water Improvement District No. 2. Jimmy Banks appeared as General Manager of the Water District, stating that they have a 55-year old system. They plan to rehabilitate 64 miles of laterals. They operate under a Board of Directors and the water code laws. Their $342,000 annual budget is used for maintenance and operation. RESOLUTION NO. 2181 RESOLUTION APPROVING CONTRACT WITH WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 CONCERNING OPERATION AND MAINTENANCE OF LAKE KEMP, DIVERSION RESERVOIR AND THE CANAL SYSTEM. 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 Wichita County Water Improvement District No. 2, which provides for operation and maintenance of Lake Kemp, Diversion Reservoir and the canal system for a period of five years from October 1 , 1978, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2181 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Hill , Alderwoman Russell , Aldermen Smith and Adcock Nays: Aldermen McAlister and Thomas Item 14i A proposed resolution was presented authorizing the City Manager to execute a contract with the Humane Society of Wichita County for animal shelter operations. RESOLUTION NO. 2182 RESOLUTION APPROVING CONTRACT WITH THE HUMANE SOCIETY OF WICHITA COUNTY, TEXAS FOR FURNISHING PUBLIC POUND SERVICES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Humane Society of Wichita County, Texas, whereby the animal shelter owned and operated by the Society shall be used as the place of impoundment of all animals seized in accordance with the Wichita Falls animal control ordinance, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2182 be passed. Motion seconded by Alderwoman Russell . Toni De Stefano, of the Human Society of Wichita County, explained the procedure for sterilization of animals which come to them. Dr. Aubrey Cox, Acting Director of the Health Department, stated that they intend to move the office operation to the Health Unit, which will give them better coverage. This move will free the entire piece of property for other use by the City. The City will deliver the animals to the Humane Society. Alderman McAlister desired that the matter of the ability to apprehend dogs be placed on the agenda ; also, that the rate and boarding fees be adjusted to support the whole process. 667 Item 14i , cont'd. The motion was carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Alderman McAlister also noted that Candy at Animal Control , and Charles Connally have been most helpful in talking with him concerning stray animals. Item 14o Appointment of a Director of the City-County Health Department was made. v"'RESOLUTION NO. 2183 RESOLUTION APPOINTING LANIE J. BENSON, M.D. DIRECTOR OF THE WICHITA FALLS CITY-WICHITA COUNTY HEALTH UNIT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Lanie J. Benson, M.D. is hereby appointed director of the Wichita Falls City- Wichita County Health Unit; this appointment is made jointly with the Commissioners Court, subject to the approval of the City-County Board of Health, in accordance with the provisions of Article 4436a-1 , Revised Civil Statutes of Texas. Moved by Alderman Thomas that Resolution No. 2183 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None v Item 14j A proposed resolution was presented authorizing the City Manager to execute a youth conservation corps contract to clean and improve the banks of Holliday Creek. RESOLUTION NO. 2184 RESOLUTION APPROVING CONTRACT WITH TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR YOUTH CONSERVATION CORPS PROGRAM. BE IT RESOLVE() BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract dated June 1 , 1978 between the City of Wichita Falls and the Texas Department of Community Affairs , providing for a Youth Conservation Corps program during the summer of 1978, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Under this program, eighteen teen-aged youths will be employed to clean and improve the banks of Holliday Creek in and around the Weeks Park area; eighty percent of the costs will be borne by the Department of Community Affairs , and twenty percent will be borne by the City. Moved by Alderman Thomas that Resolution No. 2184 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 14k A proposed resolution was presented authorizing the City Manager to execute a transit facilities lease. Aldermen Thomas, McAlister, and Adcock commented concerning the tax issue which will probably be involved. RESOLUTION NO. 2185 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR CONTINUED USE OF THE PROPERTY KNOWN AS 706 EAST SCOTT STREET AS A TRANSIT SYSTEM OPERATIONS AND MAINTENANCE FACILITY. 668 Item 14k, cont'd. WHEREAS, the City is authorized to operate a transit system to provide for mass public transportation, and WHEREAS, a facility is required to house the operations and maintenance functions of the transit system. 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 on behalf of the City of Wichita Falls with the trustees of the I. R. Monaghan estate, a lease of the property known as 706 East Scott Street for use by the City to house transit system operations and maintenance functions, a copy of which is attached hereto. That the City Manager is authorized to execute such lease for a period of three years with the right and option to extend the lease for an additional two year period. 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 McAlister that Resolution No. 2185 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None v Item 141 A proposed resolution was presented authorizing the City Manager to make application for 100 percent funding of a traffic safety and engineering study. Ed Ilschner explained that it would provide for development of safe school routes for children walking to school . It would also provide a complete analysis for pedestrian and vehicular traffic to and from school . v RESOLUTION NO. 2186 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REQUEST FOR FUNDING FROM THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OFFICE OF TRAFFIC SAFETY FOR A TRAFFIC SAFETY AND ENGINEERING STUDY IN WICHITA FALLS, TEXAS. WHEREAS, the City of Wichita Falls has a need to conduct a Traffic Safety and Engineering Study in order to develop recommended improvements to its traffic engineering and safety services provided to the community; and, WHEREAS, this Traffic Safety and Engineering Study will provide increasing benefits to the citizens of Wichita Falls in regards to their health, safety, and welfare; and, WHEREAS, the State Department of Highways and Public Transportation Office of Traffic Safety has funds available for the conduct of this Traffic Safety and Engineering Study. 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 funding with the State Department of Highways and Public Transportation Office of Traffic Safety for the conduct of a Traffic Safety and Engineering Study in Wichita Falls , Texas; the City Manager is further authorized to sign any necessary documents, including the funding agreement required to carry out and complete such Traffic Safety and Engineering Study on behalf of the City. Moved by Alderman Smith that Resolution No. 2186 be passed. 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 669 t I tem 14m A proposed resolution was presented authorizing the City Manager to negotiate a contract with a consulting firm for traffic safety and engineering study. RESOLUTION NO. 2187 RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR A TRAFFIC SAFETY AND ENGINEERING STUDY WITH THE PRIVATE CONSULTING FIRM OF PINNELL, ANDERSON, WILSHIRE & ASSOCIATES. WHEREAS, the City of Wichita Falls has identified a need for the conduct of a Traffic Safety and Engineering Study to be conducted in the City of Wichita Falls, Texas ; and, WHEREAS, the City Manager has been authorized to file an application with the State Department of Highways and Public Transportation Office of Traffic Safety for 100% funding of this Traffic Safety and Engineering Study; and, WHEREAS, the Traffic Engineering Department submitted a request for study proposals to eight private consulting firms; and, WHEREAS, after a thorough review by city staff members of all the proposals submitted, it was decided that Pinnell , Anderson, Wilshire & Associates submitted the most comprehensive study proposal of the four responding consultants ; and, WHEREAS, the conduct of this Traffic Safety and Engineering Study by Pinnell , Anderson, Wilshire & Associates will provide the citizens of Wichita Falls with increased benefits in the area of their health, safety, and welfare. 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 negotiate and execute a contract with the private consulting firm of Pinnell , Anderson, Wilshire & Associates for the conduct of a Traffic Safety and Engineering Study, provided that this contract will have as a condition precedent the granting of 100% funding of the negotiated contract price from the State Department of Highways and Public Transportation Office of Traffic Safety and that this contract shall not be binding upon the City until a contract between the City and the State Department of Highways and Public Transportation Office of Traffic Safety governing this study project is duly executed. Moved by Alderman Smith that Resolution No. 2187 be passed. 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 14n A proposed resolution was presented authorizing filing of an application for a grant under the Urban Mass Transportation Act of 1964. v RESOLUTION NO. 2188 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION AND EXECUTING CONTRACTUAL AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT 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 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; 670 Item 14n, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is authorized to execute and file an application and execute contractual agreements on behalf of the City of Wichita Falls with the U.S. Department of Transportation, to aid in the financing of Section 9 Technical Studies Grant, Federal Catalog Number 20.505. SECTION 2. 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. SECTION 3. The 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. Moved by Alderman Thomas that Resolution No. 2188 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None i Item 15a A proposed resolution was presented awarding a contract for activities center remodeling. vRESOLUTION NO. 2189 RESOLUTION AWARDING FIRST CONTRACT FOR ACTIVITIES CENTER REMODELING. WHEREAS, heretofore the City of Wichita Falls advertised for bids for the first contract for the Activities Center remodeling; and, WHEREAS, four bids were received, and the bid of C & R Construction & Management Co. in the amount of $60,946 is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Such bid of C & R Construction & Management Co. is hereby accepted, and the City Manager is hereby authorized to execute for the City a contract with such contractor for such remodeling. Moved by Alderwoman Russell that Resolution No. 2189 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 16a Moved by Alderman Thomas that Lt. Colonel Ron Miller be appointed to the Aviation Advisory Board for a term to expire December 31 , 1978. Motion seconded by Alderman McAlister, and carried unanimously. Moved by Alderman Thomas that Mrs. Jackie Cornelius , of Burkburnett, and Mrs. John Swanson, of Electra, be appointed to the Board of Trustees of Community Center for Mental Health/Mental Retardation, for terms to expire July 10, 1980. Motion seconded by Alderman McAlister, and carried unanimously. Item 16b Discussion was held on a funding request from the local Mental Health Mental Retardation Center. Moved by Alderman McAlister that no action be taken on this until we go through the budget procedure. 671 Item 16b, cont'd. Motion seconded by Alderman Thomas , and carried unanimously. Item 16c The City Clerk and City Attorney reported on the initiative petition concerning taxes. The City Attorney read the proposed ordinance. Ken Hanes , 4218 Berwick, stated that we need some type of ordinance on the books pertaining to appraisals and taxes. He explained that it does not have to be their ordinance, but something equitable for the people. He is talking about placing a ceiling on property tax dollars on what it was in 1976 or 1977. Alderman McAlister inquired if there should be an esclator clause? Mr. Hanes stated that he is asking for an ordinance to set this ceiling at this time, and the next council would have to address the esclator clause. He is trying to find a way for the citizens to protest taxation procedures. Mayor Hill asked Mr. Hanes how he expected the city to provide the same services in 1978 at the same rate as provided in 1976. Mr. Hanes stated that some services would have to be cut. Alderman Smith stated that he would like to be able to go through the budget process, and see what can be done. The maximum rate is set by the charter. Moved by Alderman Thomas that this ordinance be referred to a committee of the whole council , and report back on September 9. Motion seconded by Alderman McAlister, and carried unanimously. Item 16d The City Clerk and City Attorney reported on the police salary petition. Alderman McAlister noted that the base salary does not seem to be the only point of concern. JRESOLUTION NO. 2190 RESOLUTION SUBMITTING TO THE VOTERS AT THE AUGUST 12, 1978 MUNICIPAL ELECTION THE PROPOSED MINIMUM SALARY OF $1250 PER MONTH FOR POLICEMEN. WHEREAS, petitions have been submitted to the Board of Aldermen requesting that there be submitted to the vote of the electors the proposition that the minimum salary for policemen be set at $1250 per month; and, WHEREAS, the City Clerk has certified that said petitions have been signed by qualified voters in the City in number not less than twenty-five percent of the total number voting in the last preceding municipal election, in accordance with Article 1269q, Revised Civil Statutes of Texas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The following question shall be submitted for the vote of the qualified electors at the August 12, 1978 municipal election, to-wit: For or Against the proposition, The proposed minimum salary of $1250 per month for policemen. " Moved by Alderman Thomas that Resolution No. 2190 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 16e Alderman Thomas inquired into the tax exempt status of various organizations , such as the YMCA, hospital , churches , and others. He asked if some are borderline cases , and City Attorney H. P. Hodge stated that some probably are. Use of county voting machines was discussed. The City Manager pointed out that it would cost the City an additional $1500 to use them instead of paper ballots. 672 Item 16e, cont'd. Moved by Alderman Thomas that we do not use the machines. Motion seconded by Alderwoman Russell , and carried unanimously. Richard Collett, 4673 University, appeared for Citizens for a decent Texas. He stated that the resolution which we have on pornographic materials does not solve V the problem. It does not regulate the magazines on display in Wichita Falls. He stated that the Rhode Island display law has been totally successful , and has been declared constitutional . It only affects family oriented stores ; not adult stores. He requested that the Council adopt the ordinance which he has already presented to Mr. Hodge. The major crux is to protect our children. A person can still purchase the magazines, but it protects the people from being exposed to it if they do not want to be. Mayor Hill requested that it be brought to the Council at the next meeting. Alderman McAlister requested that an ordinance or resolution be prepared which would require the staff to provide the Council with a cost analysis or budget impact analysis on any matter for which they are requesting additional funds of the Council . The City Manager stated that it would be on the next agenda. Alderman McAlister inquired concerning laws for open burning in incinerators. This comes under the jurisdiction of the Health Department. He also mentioned Certainteed and air pollution. The City Manager explained that we only assist the state in monitoring and reporting. He requested the City Manager to get a report on it. Council budget work sessions are scheduled for August 7 through 11 . Alderman Adcock stated that he would be unable to attend due to commitments made before he was elected to the Council . Alderwoman Russell requested that the Mayor name a council member to the Design Review Commission. She also noted the celebration of the farmers ' market on July 15. The Board of Aldermen adjourned at 4:30 P.M. PASSED AND APPROVED this day of dc_'i7! ate . % 1978. MAYOR ATTEST: CITY CLERK DISTRIBUTION FASEM f NT AND RIGHT-OF-WAY 7- , THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA That THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS Wichitahereinreferredtointhesingular, whether one or more) of County, Texas, for and in consideration ofONE AND NO/l00 Dollars ($.1..0O to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out by said Company, along, over, under, across and upon the following described lands located in. Wichita County, Texas, to wit: Being described as a tract of land out of Block 5 , Section 12 of the J. A. Scott Survey, Abstract 296 , Wichita County , Texas , and being more particularly described in that certain deed as recorded in Volume 454 , Page 525 , Deed Records of Wichita County, Texas , to which reference is made for all purposes . The centerline of the ten-foot wide easement herein granted is described as follows : BEGINNING at a point in the East line of the above said tract, said point being 415 feet North of its Southeast corner; THENCE 41 feet West to a point. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances on said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, asmaybenecessarytopreventpossibleinterferencewiththeoperationofsaidlineortoremovepossiblehazardthereto. TO HAVE AND TO HOLD the above described easement and rights unto the sai,1 Company, its successors and assigns, untilsaidlineshallbeabandoned. 7 And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and as igns, against every person whomsoever lawfully claiming or to claim the same or any part thereof WITNESS 7 z %1 hand this 14, : A G R E E N E N T THIS AGREEMENT entered into this day of 1978, between the City of Wichita Falls, Texas, hereinafter called Lessor, and Bob Kurji, Owner, DBA Coachman Motel of Wichita Falls, hereinafter called Lessee. W I T N E S S E T H : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls, Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and; WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows : I. Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee's expense, a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room reservations and/or courtesy transportation to and from the Airport. II. The term of this lease will be for a period of one (1) year, commencing , on the 15th of July 1978 and ending on the 14th of July 1979 Lessee shall have an option to renew such lease for two (2) successive one (1) year periods, provided that the provisions of said lease shall be subject to re-negotiations at the end of any or each of said one (1) year terms. III. In consideration of the privileges granted to Lessee herein, a total amount of Twenty-Five and No/100 Dollars ($25.00) shall be paid to Lessor in advance each month during the term of this agreement. 2 IV. It is further agreed by and between the parties hereto, after ninety 90) days from the effective date hereof, that either the Lessee or the Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. Lessee shall, in case of fire or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, .who shall thereupon cause the damage to be repaired forth- with, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs. If the entire building shall be . destroyed, then within thirty (30) days after the fire, or other casualty, either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, operating or removing said advertising sign and direct line telephone, or in any way con- tributed to by the advertising sign and direct line telephone or operation connected therewith. VII. If default in payment of rent is made by Lessee, or if any other covenant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. 2 - 4 ay IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written CITY OF WICHITA FALLS, TEXAS : By: Gerald G. Fox, City Manager ATTEST: Wilma J. Thomas, City Clerk LESSEE: COACHMAN MOTEL BY: Bob Kur j i Owner-Manager APPROVED AS TO FORM: H.P. Hodge, Jr. , City Attorney 3 - 4 yr I PERIODIC:. COST ESTIMATE 1 PAGE 1 OF 1 PAGES 1. SPONSOR'S NAME AND ADDRESS 5. PROJECT NO. DAP 6-48-0227-03 City of Wichita Falls 6. ESTIMATE NO. 2. OFFICIAL NAME AND LOCATION OF AIRPORT 3 - Final Wichita Falls Municipal. Airport 17.P E I o D E N D I N y Wichita Falls, Texas 1 5 ^;_ 3. CONTRACTOR'S NAME AND ADDRESS 8. DATE ESTIMATE PREPARED Zack Burkett Company June 26, 1978 Box 209, Graham, Texas 9. PERCENT OF PHYSICAL COMPLETION a 01'4,,,", 4. DESCRIPTION OF 'WORK 100 10 SPONSOR'S CONTRACT NO.Phase III Improvements Apron and Taxiway Paving 11. AMOUNT OF CONTRACT 156,006.64 12. COMPLETION TIME (Indicate 1 whether work or calendar days) 50 working days 13. DATES 114. NO. OF DAYS CONTRACTOR IS A. WORK TO START B. WORK STARTED C. COMPLETION DUE D. EST. OR ACT. COMP.i AHEAD IN ARREARS 7- 3-13-78 3-1-78 5-19-78 I 15. BREAKDOWN OF PERIODIC COST ESTIMATE (It additional space is rcquir,H, use continuation sheet) ITEM LATEST REVISED DETAILED ES. ,P.ATE I WORK PERFORMED TO DATE NO.DESCRIPTION OF ITEM UNIT PER 15111 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT CENT a) b) c) d)e) f) g) h) il 1. Excavation (reused) 2701 ' CY $ 2.25 $ 6,077.25 2701 $ 6,077.25 100 2. Excavation (spread) 1915 CY 1.00 1,915.00 1915 1,915.00 100 3. Bituminous Base 3853 Ton 20.06 77 ,291.18 3853 77,291.18 100 4. Bituminous Surface 1285 Ton 20.06 25,777.10 1285 25,777.10 100 5. Concrete Pavement 1227 SY 18.73 22,981.71 1227 ; 22 ,981.71 '100 6. Prime Coat 4810 Cal 0.94 4,521.40 4810 ; 4,521.40 10 0 7. Tack Coat 1250 Gal 0.94 1,175.00 1250 1 1,175.00 100 8. Painting 1940 SF 0.60 1,164.00 1940 I 1,164.00 100 9. 12 3/4" Steel Pipe 55 LF 14.80 814.00 55 814.00 100 CHANGE ORDER NO. 2 i ', ., Lime 113 Tons 54.50 6,158.50 113 6,158.50 100 Miximg Lime 12510 SY 0.65 8,131.50 12510 8,131.50 100 156,006.64 156,006.64 k i e„vrl 16. CERTIFICATION ON CONTRACTOR - I HEREBY CERTIFY that the work performed and the materials supplied to date, as shown on this periodic cost estimate, represent the actual value of accomplishment under the terms of this contract in con- formity with approved plans and specifications; that the quantities shown were properly determined and are correct; and that there has been full compliance with all labor provisions included in the contract identified above, and in all subcontracts t = mode under that contract. DATE CONTRACTOR'S NAME June 27, 1978 Zack 77' '-1 ,:'+ Comp y i TITLE SIGNATURL BY I General Supt. 4/1".11: /f Il 17. CONCURRENCE AND CERTIFICATION OF SPONSOR'S ENGINEER - I hove ex' ir.d this periodic cost estimate, and concur in the certificate of the contractor and certify that the materials used and the construction accomplished meet the p requirements of the plans and specifications, as evidenced by certified test and inspection reports included in the project SAY *t<. records, DATE SIGNATURE. SPONSOR'S ENGINEER I June 27, 1978 lik E5 . I MATE owtaer_ 0^It/ of Wichita Falls 1-23-78ContractAwarded Project Name MB= to I 7, .t3 — W.F. Pk'Aici :l .i.:" s _ _ Co:tn^g t Amount_156,006.64 — — Estimate No. 3-Final It r the period 3;yletion '_,.:ne, Days Pmm rev 1 19 78 to My 31 19 78_ A :o.tod 50 Used r Zack Burkett Co. Cu:numcw :as,.. 1 of 1 1 DffiC i tiOV Msr a c4 I TT4rt c a c a LU\ 1IPT oz M AMOUNT, 1 1. Docavation - re-used 2. F. S ct3 ost - removed CY 2701 2.2 5 6,077.25 4, 2. 3. 1 :: 5 1.00 1,915.00 4. B a TON C, 20.06 77,291.18w.,x f TCN 12L5 20,06 25 777.105. ate Pavement SY 1227 18.73 22,981.71V:6. Prime Coat 7. Pr Coot 1;533 0.94 4,521.40 8. GAL 1250 0.94 1,175.00 9. 12 3/4" Stl Pips 10 40 0.60 1,164.00 55 11 .80 814.00 iORDERMO. 2 Lisp TON 113 54.50 6,158.50 hfi SY 12513 0.65 8,131,50 NOTE: It 1-9 include chan3e 3 to 41- with Change OrUa 1 5 3 q„ fi ^ uhf t to lived: BIGGS MATHEWS Total Amount of work Done 156:006.64 CONSULTING =R94INGSRO 0t; 4017 FAITH ROAD — ?NON[ 4191-1071 J 3ttrrt+d Y-0^ By 1_ ,, • • 6--C-- JuII 2fi Difference (.Amount Payable on Co;nct) . , , , $ 156,006,64 iii 7R e`'` '' oved FN oarwat Leee Previous Payr..iente 139,358.38 19 Amount Due on Coutuact Ttui at.,i:.,.-,;ti, 16,648.26 is° a STATE OF TEXAS COUNTY OF WICHITA THIS CONTRACT made and entered into this Gay of 1978 , by and between the City of Wichita Falls , Texas , and Texas Electric Service Comapny, hereinafter called "party of first part" acting by and through their present managers , and Freese and Nichols , Inc. , Con- sulting Engineers hereinafter called "party of second part. " WITNESSETH : That in consideration of the covenants and agreements herein con- tained, the parties do mutually agree as follows : I . Employment of Engineer : The party of first part hereby employs the party of second part and the party of second part agrees to perform all necessary professional services hereinafter set forth in connection with improvements to be made by the party of first part and described as follows : A. Phase I - Preliminary study of potential reservoir site capable of serving parties of first part with adequate water for both municipal and cooling purposes and herein called the Project. 1 . Character and Extent of Services : The party of second part shall render all engineering services necessary in preparing a preliminary report which shall develop sound conclusions recommendations of the Project, which shall include, but without limitations , the following : a) Collect, review, and utilize all available hydrologic , quality and support data to make basic yield and quality studies of the reservoir site. b) Present this data in sufficient detail so that the reservoir site may be evaluated as a possible source of cooling water for steam electric station and po.h H,H -a±er for City of Wichita Falls . 1 . c) Develop any additional facts necessary to determine future growth and future needs of City of Wichita Falls, Texas . d) Determine the most economical way to supply water for these future' needs by selecting a reservoir site on the Little Wichita' River, either one that has already been studied , such as Ringgold site or a completely new site. e) Make such other preliminary investigation and studies ,. drawings , cost estimates , pro- gress schedules and estimates of materials to indicate clearly the yield of reservoir site at one-foot increments of drawdown to a minimum reservoir surface area of 2 ,000 acres . Consideration shall be given to the expected quality of water impounded in reservoir using a wide range c2 demands . Results of yield and quality studies should be presented both graphically and in tabular form. Dam and reservoir configuration shall be plotted on topographic maps , and Phase I Report shall be prepared. B. Phase II - This phase of the report shall- not begin until party of the first part has had ample time to review the data presented in the Phase I Report. -- 1 . Purpose & Objectives : The purpose of Phase II is to study the hydrologic characteristics of the selected site in detail including necessary field investigations . The objective this phase is to optimize the location and size of the proposed reservoir; make detailed estimates of the cost of the proposed dam and reservoir ; conduct detailed quality and quantity routing studies to reflect power plant and municipal operations,; and develop a preliminary design of dam and reservoir suitable for Texas Water Rights Commission permit. 2. Requirements : Certain requirements shall be met under Phase II planning . a) Timing - Should be established after evalua- tion of the Phase I result 2. y„,- b) Results - Phase II shall identify on suitable topographic map, the optimized reservoir location. Detailed water quality studies as well as detailed estimated cost of the dam and reservoir construction shall be prepared and developed in a report so that it could be used as a part of an application to the Texas Water Rights Commission for a construction permit. II . Fees : The party of first part agrees to pay the party of second part for such services as set out below, which shall constitute complete compensation for the services rendered. Phase I Report 35 ,000 Phase II Report 35 ,000 If actual market land values are required , additional amount as negotiated. If additional core borings are required , additional amount as negotiated. The Party of Second Part agrees to furnish copies of the Phase I report in review draft form within eight (8) months from date of contract and finished Phase I report within one (1 ) month from date of approval of draft. The Phase II report will be furnished in review draft form within six (6) months from date of Phase II authorization , and the finished Phase II report within one (1 ) month after approval of the draft. THIS CONTRACT is executed in triplet, one copy to be retained by each of the parties hereto. CITY OF WICHITA FALLS , TEXAS ATTEST: By Wilma Thomas , City Clerk Gerald G. Fox , City Manager Party of First Part) TEXAS ELECTRIC SERVICE COMPANY ATTEST: By Party of rH7t Part) FREESE AND NICHOLS , INC. ATTEST: By //77 -7/ i7.1v Party of Second Part) 3 7 i - i 7/ TIlE STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT, made and entered into by and between the City of Wichitar,n Falls, Texas, hereinafter called "City", and Wichita County Water improvement District 4 ray No. 2, hereinafter'called "District", both being municipal and political corporations and subdivisions of the State of Texas, each acting herein by and through their respective officers hereunto duly authorized. jhah WITNESSETH : WHEREAS, the City and the District are the joint owners of Lake Kemp, the Diversion Reservoir, main canals, laterals, and other facilities used in connection therewith, and make and enter into this agreement for the maintenance and operation thereof for the mutual benefits to be derived therefrom by each of these contracting parties, and for the consideration hereinafter set out, the covenants and agreements to be paid, kept and performed, it is agreed as follows: 1) Notwithstanding anything herein contained, it is agreed that no construe-app z: tion or interpretation of any of the terms of this agreement shall be construed to alter, change or modify the ownership of the jointly owned facilities including the ownership of or rights to the use of the waters in Lake Kemp and the Diversion Reservoirs, but' that such ownership shall remain the same as set out in a certain agreement made and entered into by and between Wichita County Water Improvement District No. 1 and Wichita County Water Improvement District No. 2 dated April 1, 1923. As established by that agreement, City owns an undivided 6G. 11% interest in said facilities, and District owns 33.89% interest. 2) As provided in the said contract dated April 4, 1923, District shall have 74111 the full use of sufficient water for the irrigation of lands in said District. City shall have full use of sufficient water required by it for municipal purposes. City shall have and re- y.. tain the right to the prior use of the water of said entire system to the extent of a supply of water sufficient for the uses of the City, not to exceed a reserve supply of 50, 000 acre feet of stored water, so that if at any time the supply of water available to said system in the reservoirs should be used to the extent that only that amount of water is available JJ Ja or in storage, then same shall be reserved for the uses of said City. If the storage reservoir is at any time emptied then all waters in the Diversion i,eservoir shall be reserved for the use of the City. 3) Except as set out in the two paragraphs immediately preceding, this agreement is made and entered into in lieu of and instead of any and all contracts and agreements which may have heretofore been made and entered into by the City and the District or the District and Wichita County Water Improvement District No. 1. 4) As a part of the consideration for this contract, the District shall have full and complete control of all the operations of said jointly owned facilities, to the complete exclusion of the City, except as provided herein. It is understood and agreed that District shall, when requested by City, release so much water as is required by tt City for its purposes. 5) The term of this agreement shall be a period of five years from October 1st, 1978.. 6) Further., as a part of the consideration for this agreement, the City shall pay to the District monthly beginning in October of each year one-twelfth (1-12th). of each of the annual payments as indicated below: First Year 1978-1979) - $110,262 Second Year (1979-1980) - 116, 878 Third Year 1980-1981)123, 890 Fourth Year (1981-1982) - 131, 323 Fifth Year 1982-1983) - 139,203 Such monthly payments shall be paid over a period of sixty (60) months by the City to the District. The first monthly installment shall be paid on or before October 15, 1978; thereafter, a monthly installment shall be paid on or before the 15th day of each month thereafter during such calendar year under the terms of this agreement. 7) In addition to all other consideration herein agreed upon, the City and District with the U. S. Corps of Engineers shall annually agree to and implement a maintenance and operation plan and proposed budget for Lake Kemp separately from 2- i operation and maintenance activities and division of costs as covered by this agree- ment. It is mutually agreed and understood that costs to implement the Lake Kemp operation and maintenance plan shall be borne as follows: U. S. Corps of Engineers - 51.6% of total cost; District - 66. 11% of the remaining local share of 48. 4%; City - 33. 89% of the remaining local share of 48. 4%. The District shall invoice, with back-up material, the City and Corps of Engineers monthly for the Lake Kempp operation andndI 1 maintenance costs. 8) Any expense of unforeseen and emergency repairs to Lake Kemp, the Diversion Reservoir and the main canals occasioned b7 an act or acts of God, as that term is usually defined, in addition to all other consideration herein agreed upon, shall be borne by both parties in proportion to their-joint ownership therein; that is, City shall bear 66. 11%, and District shall bear 33. 89% Before such repairs provided for in this paragraph are made, they shall be approved by both City and District. 9) The proceeds of the sale of water shall be collected by the District and shared equally by the City and the District, accounting, and distribution thereof to be made quarterly, providing that any water sales contracts shall be mutually agreed upon by the District and the City before the same shall be binding. 10) The District shall, during the terms of this agreement, keep'its ac- illcounting records to conform to the fiscal year of the City and such records shall be opened for inspection by the City at all times. Such records shall continue the chart of accounts as now used. There shall be made annually an nui ::'1n audit by an auditor N . acceptable to both City and District, and a copy of such audit shall be submitted to City within ninety days after the close of District's fiscal year. . 11) If either party hereto shall become dissatisfied with the terms of their ' agreement, excluding that part of this agreement contained in paragraph one (1) hereof, then in such event, such dissatisfied party shall, only during the fifth year of the term t, of this agreement and on or prior to six months preceding the termination date, notify the other party in writing setting forth specifically its grounds therefore, immediately 4 following which the parties shall attempt to renegotiate this contract by mutual agree- ment. If on or prior to four months of the expiration of the five-year term the parties are unable to agree upon a renegotiation, or have failed or neglected to agree upon a 3- 4i. renegotiation, the matter or point of disagreement shall be submitted to a Board of Arbitration in the manner provided by law, such Board consisting ( 1 the City Manager of the City, the General Manager of the District and a third disinterested and unbiased person selected by a majority of the District Judges of Wichita County, Texas; the decision or renegotiation of this contract by such Board to be final and binding on the parties hereto unless the substantive legal rights of either party are violated. 12) The City and the District jointly owning the facilities, anticipating their continued ownership perpetually in themselves, their successors or assigns, recognize their ownership responsibility one to the other, and by this and the immedi- ately preceding paragraph it is meant that this ownership responsibility shall not ceaseX41. or fail but that during such joint ownership of such facilities there shall exist an oper- ation agreement between the parties hereto reached by mutual agreement or arbitration as the case may be. 13) The District has occupied office space in City-owned structures for many years. The City will, during the term of this agreement, authorize the District to occupy lioffice space at 402 East Scott. There will be no charge to the District for such office space, but the District will in turn, and as consideration, not levy any taxes against the City for City-ownedy-owned property within the District during the term of this agreement and for all previous years in which the District has occupied City-owned office space.7`r WITNESS the undersigned this day of 1978. THE CITY 01 ' :i i'i A FALLS, TEXAS hit R ATTEST: City Manager City Clerk WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 By: President, Board of DirectorsATTEST: Secretary, Board of Directors f j TilE STATE OF TEXAS COUNTY OF WICHITA f AGREEMENT FOR PUBLIC POUND) SERVICESLCE'.S This agreement made and entered into as of the day of 1978, by and between the City Council of Wichita Falls, Wichita County, Texas, as Party of the First Part, hereinafter called "City" and the Humane Society of Wichita County, Texas, in said State, as Party of the Second Part, hereinafter called the Society". WHEREAS, the Society proposes to operate an animal shelter for the purpose of sheltering lost, unwanted, sick, and injured animals until humanely disposed of in accordance with the Wichita Falls Animal Control Ordinance and the humane prin- i ciples of the said Society; The parties hereto agree to the utilization of the animal shelter to be owned and operated by the Society, as the pplaceofimpoundment of all dogs, cats and miscel- laneous animals (horses, cows, goats, chickens, etc.) seized in accordance with the provisions of the Wichita Falls Animal Control Ordinance under the following con- d7itions: 1. The• City agrees that it is fully responsible under the provisions of the said Animal Control Ordinance for carrying out all enforcement provisions, and that the Society will not be required to apprehend and seize any anima's found run- ning at large. Howevcl, the Society agrees to provide eilegency service to injured, sick, or disstressed animals, and to be fully responsible fo;' all enforcement pro- visions gpertainin to observation and release of animals impounded for bites and rabies observation. 2. The City agrees that all animals apprehended and :;sized within the con- 71% fines of the City of Wichita Falls by its duly appointed wardens, shall be delivered to the above described animal shelter, there to be impounded under the exclusive control and custody of the Society for periods of time as required by State law and the City Animal Control Ordinance. 3. The City agrees to pay to the Society the following fees for live animals received from within the city limits of the City of Wichita Falls: 4,L„ a, For animals received from wardens of the City of Wichita Falls, Dogs: 5. 00 per animal Cats: 3. 00 per animal Misc: 3. 00 per animal b. For animals held while their owners are in jail: 5. 00 per animal c. Rabies observation: 10. 00 per animal 4. The Society agrees to credit the .City for the following fees: a. For all revenue from the sale of tags: 2. 00 per dog b. For impoundment fees: First Offense: $10. 00 Second Offense: $15. 00 Third Offense: $20. 00 c. For all boarding fees collected: 2. 00 per day per animal 5. It is mutually agreed between the two parties tit the City shall be credited for all fees in paragraph 4 of this contract and shall pay the balance due the Society after the deduction of credits within fourteen (14) days after receipt of monthly state- ment and reports as required in Section 13. 6. The City represents to the Society that it has in force an ordinance p ro- viding for the vaccination and licensing of dogs, providing for impounding of dogs running at large, and ; otiriding for the condemnation ot iminials, and that while this contract is in effect, such ordinances will be co;;ti_cued in force. The f.4 City agrees that so far as it is concerned, and to the extent that it has power so to provide, every animal not claimed and redeemed by the owner before the expiration of three days from the date of impoundment if untagged; fi',-() days if tagged; and ten days if under rabies observation, shall become the sole and exclusive property of the Society, so that neither the City nor any agency, nor agent of the City, nor of the State of Texas, nor any institution, corporation, nor individual shall have any claim or right to any animal not claimed and redeemed as provided. And the City agrees that so far as it is concerned, the Society shall have the undisputed right, consistent with the ordinances of the City to humanely dispose of every animal given into its 2- custody in accordance with its principles as follows: a. To place in the home of a new owner. b. To humanely destroy such animals as are not claimed by owners and which are not suitable for placement in new homes. 7. Society agrees that all financial statements, reports, etc. shall be on forms as approved by the City. 8. The Society agrees to accept each and every animal delivered to its ani- mal shelter located in Wichita County, 'texas, by the wardens_ of the City and to provide each and every such animal with shelter, food, water, and all other humane treatment of animals coming into its custody and control. 9. The Society agrees that it will keep its animal shelter open to the public for not less than 7 hours per day on weekdays, and not less than 5 hours on Satur- day and not less than 2 hours on Sunday for. the purpose of giving owners ample opportunity to redeem their impounded animals. The City shall have the right to deliver animals to the Society shelter at anytime. 10. The Society agrees that it will require every a7,ner seeking to redeem an impounded animal to pay the impoundment fee of ten dollars ($10) for the first im- poundment; fifteen 'Pollard ($15) for the second impoundment; and twenty dollars ($20) for the third impoundment in a twelve month period, as per stated in the City ordin- ante, plus the cost of board at the rate of $2. 00 per day for each day of impoundment after the date of impoundment. -Further, the Society will require the owner of every impounded animal to jay all applicable fees including i'..;i ;_.n.ion and vaccination fees of an impounded animal which has not been inoculate against rabies and regis- tered before redeeming such animals. 11. The Society agrees that in accordance with paragraph G of this agreement that if the owner of an impounded animal shall claim the 'i_nimal prior to the Society disposing of the animal under (a) or (b) of that paragraph, the Society shall collect from the owner the total impoundment, boarding and registration fees due. 12. The Society agrees to collect all impounding, hoarding and registration fees from animal owners which are payable under this contract and/or existing City ordinances or any amendment thereto. And further, that the Society will send to the City a statement of all such fees collected during the preceding month. 3- 13. The Society agrees to provide to the City by the 15th day of each month during the life of this contract a statement of its revenues and disbursements from all sources for the preceding month. The Society also agrees to provide to the City a quarterly notarized statement of its revenues and disbursements from all sources, as well as a complete financial statement pertaining to impounded animals. Further, the Society agrees to provide the City with a detailed monthly record to include the following, which pertain only to animals brought in by wardens of the City of Wichita Falls from within the city limits of Wichita Falls. a. The number of dogs, cats, and miscellaneous animals received by the Society. b. The number of animals euthanized. c. The number of animals in rabies observation, to be broken down as to number redeemed by owners and number of days in custody. d. The number of impoundments (separated as to first, second or third offense).tA,A The City reserves the right to require a complete audit of the records at any time deemed necessary. e0 14. It is mutually agreed that any and all donations, contributions, or any other thing of value, given to the Society and its agents as a result of any service performed in carrying out the provisions of this contract, shall be the exclusive property of the Society, and that the City shall have no claim or interest therein. 15. It is mutuaiiy agreed that the Society shall provide facilities for rabies ob- servation. Animals delivered to the Society by the City for rabies observation shall be isolated fora eriod of 10 days. Prior to beingyg redeemed by the owner, any such animal shall be examined by a licensed Veternarian, and the Society shall col-kqly:x lect from the owner a fee of $2. 00 per day for board and et.re and the cost of the Veternarian examination. The City agrees to pay to the Society for every animal so Y isolated $10 when the Society has not been reimbursed by the owner. 16. It is mutually agreed that the Society shall have the sole and exclusive right to determine the responsibility of persons offering to become the owners of unclaimed animals and the suitability of homes offered and shall have the sole and exclusive right to accept or reject such applicants for unclaimed animals. t a , 17. It is mutually agreed that neither party to this contract shall be bound by any conditions not expressly stated in this agreement. Further, it is mutually agreed that in all cases of conflict between this contract and the Wichita Falls Animal Control Ordinance, the Ordinance shall prevail. 18. It is agreed that all the terms of this contract shall remain in full force and effect from October 1, 1978 thru September 30, 1979 and then may be extended byI mutual agreement on a year to year basis and shall not be terminated by either party without written notice having first been served at least thirty days prior to the date of termination by the party desiring to terminate this contract. 4. 19. It is mutually agreed that no member of the Humane Society Board of Dir- ectors shall have a financial interest, direct or indirect in the contract between the 'he Society and the City. 20. It is mutually agreed that any amendments made to this contract upon being agreed to and signed by both parties shall become part of this contract. 21. It is mutually agreed that this contract revokes all former agreements, written and oral, entered into by the parties. Je IN WITNESS WHEREOF, the siad City, and the said Society, have hereunto caused their respective corporate names and seals to be hereunto subscribed and affixed by II their respective officers first thereunto duly authorized as of the day of 1978. ril CITY OF WICHITA FALLS BY: Cit.' (,Tanager ATTEST: a7‘ 4- i City Clerk rm HUMANE SOCIETY OF WICHITA COUNTY BY: Shelter DirectorATTEST: President APPROVED: City A If nrnov 5_ r-4/ 8L THE STATE OF TEXAS COUNTY OF WICHITA This Lease Agreement made and entered into this the day of July, 1978 by and between Cecil R. Monaghan and A. D. Monaghan, Co-Trustees, I. R. Monaghan Estate, of 3102 Speedway, Wichita Falls, Texas, hereinafter called Lessor, and the City of Wichita Falls, Texas, hereinafter called Lessee, Witnesseth: In consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1. Lessor, being the owner thereof, leases to Lessee the following described property situated in Wichita Falls, Wichita County, Texas described as follows: Lots 4, 5, 6 and 7, Block 20, J. A. Kemp Addition to the City of Wichita Falls, except a. 40 foot strip in front thereof hereto- fore sold to the City of Wichita Falls as right-of-way for street, said lots being 50 feet wide by 110 feet deep facing southwest on Scott Street, and known as 706 East Scott in the City of Wichita Falls. 2. The term of this lease shall be three (3) years, beginning September 1, 1978, and ending August 31, 1981. Such property shall be occupied and used as a terminal for Lessee's bus system, where it will store, wash, grease, repair and service its buses. Lessee shall pay the Lessor rental in the amount of Four hundred and fifty ($450.00) dollars per month for the period beginning September 1, 1978 and ending August 31, 1979; Five hundred and twenty-five ($525.00) dollars per month for ther period beginning September 1, 1979 and ending August 31, 1980; and Six hundred ($600.00) dollars per month for the period beginning September 1, 1980 and ending August 31, 1981. Rental shall be payable monthly in advance be- ginning September 1, 1978. 3. This lease is entered into in lieu of and to take the place of that certain lease dated September 9, 1971, between I. R. Monaghan and the City of Wichita Falls. 1- r, • a 4. A grease pit has heretofore been constructed within the building located on the property, for use in servicing buses. At the end of the term hereof, lessor shall have the option of requiring said grease pit to be filled in and the floor restored to its condition prior to the constructing of said grease pit. If Lessor desires to have said pit restored, he shall make known to Lessee his option so that said restoration can be made within not less than a. week of the end of the term. 5. An underground tank for fuel and a gasoline pump above the ground have been installed on this property. Lessee is granted the right to remove same at the end of the term, and, if required by Lessor, the surface shall be restored to its condition prior to the installation of such tank and pump. 6. The improvements on this property consist of metal buildings and concrete floors. Lessor does not have same insured against any hazard. If insurance is obtained by Lessee, such insurance shall be for the benefit of Lessor and Lessee at Lessee's cost, and Lessee shall attempt to secure a waiver of subrogation of claim by the insurer against Lessee or Lessor but not as the third parties. 7.. Lessor shall pay all ad valorem taxes on this property. Lessor shall not be liable for any taxes on any of Lessee's movable property which is installed or used on the premises. 8. If the improyements on the property are destroyed by fire, wind or other calamity so that it is not usable by Lessee, this lease shall, at the option of Lessee, terminate and it shall pay rent to the end of the month when said calamity occurs and not thereafter. 9. Lessor shall not be liable to Lessee or its employees, patrons or visitors for any damage to person or property occurring on the premises leased. 10. Lessor shall lease the property in "as is" condition and declines to accomplish repairs during the period of this lease. Any repairs accomplished shall be accomplished by Lessee at Lessee's expense. 2- 11. Lessee shall fulfill all of the ordinances of the City of Wichita. Falls, and shall meet the requirements imposed by the Board of Health, Sanitation and Police Departments, and prevent any unlawful use or nuisance on the property leased. 12. Lessee is expressly granted the right and option to extend the term of this lease for an additional two (2) year period beginning September 1, 1981 and ending August 31, 1983; if Lessee desires to exercise this option, it shall do so by notifying Lessor in writing not later than June 30, 1981. If Lessee exercises such option, the monthly rental rate shall be negotiated to allow for an inflationary increase not to exceed Six (6%) persent for each of the option years. Such notices may be mailed to Lessor at the above address, or may be delivered to him in person. 13. In the event either of the following two contingencies occur, Lessee will have no further use for this property, and Lessee shall have the right to terminate such lease, to-wit: a. The City Council of the City of Wichita. Falls decides that the City shall no longer operate a public transportation system; or, b. The City builds a facility to handle the public transportation vehicles. If Lessee desires to terminate the lease upon the happening of either of such contingencies, Lessee shall give Lessor written notice at least sixty (60) days prior to such termination of the lease. Executed at Wichita Falls, Texas, in duplicate as of the day and year first set out above. CECIL H. MONAGHAN, Co'Trustee I. R. Monaghan Estate, Lessor J G.j'rte , J i Vv '\' ti ,r A. D. MONAGIIA T, Co-Trustee I. R. Monaghan Estate, Lessor By t1 Gerald G. Fox, City-"Manager ATTEST: City Clerk 3 - A STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for Wichita. County, Texas, on this day personally appeared Cecil R. Monaghan and A. D. Monaghan, Down to rr to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they signed the same for the consider- ation and purposes therein express ed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of July, 1978. sc <<., Notary Public, Wichita County, Texas 2 5, ;76'o THE STATE OF TEXAS X COUNTY OF WICHITA 1 BEFORE ME, the undersigned, a Notary Public, in and for Wichita County, Texas, on this day personally appeared Gerald G. Fox, City Manager of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged to me that the same was the act of the said City of Wichita Falls, Texas, a municipal corporation, and that he executed the same as the act of said City of Wichita Falls for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of August, 1978 Martha L. Cecil 3), .Oct.: Notary Public, Wichita County, Texas Commission expires August 1, 1980 4-