Min 04/05/1983 132
Wichita Falls, Texas
Memorial Auditorium Building
April 5, 1983
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.
Gary D. Cook Mayor
Gene A. Shearman
John W. Hampton
Carol G. Russell Aldermen
Craig A. Wilson
Howard M. Morris
Horace 0. Boston
Dane Bennett Acting City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Chief Accounting Officer
The invocation was given by Leo Brener.
Item 3
Moved by Alderman Shearman that minutes of the meeting held March 15, 1983,
be approved.
Motion seconded by Alderman Russell , and carried unanimously.
Moved by Alderman Hampton that minutes of the meeting held April 1 , 1983,
be approved.
Motion seconded by Alderman Shearman, and carried unanimously.
Items 4 & 5
Returns of the election held April 2, 1983, were canvassed by the Mayor,
City Attorney, and City Clerk.
RESOLUTION NO. 63-83
RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE
CITY OF WICHITA FALLS, TEXAS ON APRIL 2, 1983 FOR ALDERMEN, PLACES 1 ,
2, and 3, ON CITY CHARTER AMENDMENTS, AND ON THE AIRPORT ZONING ORDINANCE.
WHEREAS, at a regular meeting of the Board of Aldermen of the City of
Wichita Falls, Texas, held in the Memorial Auditorium Building on the 5th day of
April , 1983, at which time a quorum was present, there came on to be considered
the returns of the municipal election held on the 2nd day of April , 1983; and,
WHEREAS, after canvassing the returns of said election, it was found to be
duly and legally held in all respects, and that 10,433 voters in said election,
and that votes were cast as follows:
FOR ALDERMAN, PLACE 1 :
Gene A. Shearman received 4,744 votes.
Thomas E. Swift received 5,519 votes.
Write-in votes 4 votes.
FOR ALDERMAN, PLACE 2:
Charles Dean Thomas received 4,607 votes.
Tom Loraest received 413 votes.
Ron L. Yandell received 2,416 votes.
Reginald Lowell Robinson, Jr. received 2,025 votes.
W. Darlene Rhyne received 701 votes.
v
133
Items 4 & 5, cont'd.
FOR ALDERMAN, PLACE 3:
Charles Harper received 6,071 votes.
David E. Brock received 2,780 votes.
Mary A. Johnson received 1 ,125 votes.
Alan Serkin received 202 votes.
PROPOSITION NO. 1 :
Yes 8,186
No 1 ,639
PROPOSITION NO. 2:
Yes 7,628
No 2,050
PROPOSITION NO. 3:
Yes 8,137
No 1 ,751
PROPOSITION NO. 4:
Yes 7,708
No 1 ,780
PROPOSITION NO. 5:
Yes 8,235
No 1 ,360
PROPOSITION NO. 6:
Yes 5,822
No 3,814
PROPOSITION NO. 7:
Yes 5,846
No 3,753
PROPOSITION NO. 8:
Yes 7,557
No 2,169
PROPOSITION NO. 9:
Yes 7,705
No 1 ,783
PROPOSITION NO. 10: .
Yes 5,048
No 4,558
ORDINANCE NO. 100-83, THE AIRPORT ZONING ORDINANCE ESTABLISHING HEIGHT
LIMITATION ON APPROXIMATELY 65 SQUARE MILES AND REGULATING THE USE OF
PROPERTY IN THE VICINITY OF SHEPPARD AIR FORCE BASE/WICHITA FALLS
MUNICIPAL AIRPORT:
For 7,077
Against 3,189
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said election was in all respects legally held in accordance with the laws of
the State of Texas and the charter and ordinances of the City of Wichita Falls;
that Thomas E. Swift was duly and legally elected Alderman, Place 1 ; Charles Dean
Thomas was duly and legally elected Alderman, Place 2; Charles Harper was duly and
legally elected Alderman, Place 3; that Proposition No. 1 was adopted; that
134
Items 4 & 5, cont'd.
Proposition No. 2 was adopted; that Proposition No. 3 was adopted; that Proposition
No. 4 was adopted; that Proposition No. 5 was adopted ; that Proposition No. 6 was
adopted; thAt Proposition No. 7 was adopted; that Proposition No. 8 was adopted; that
Proposition No. 9 was adopted; that Proposition No. 10 was disapproved; Ordinance
#100-82, The Airport Zoning Ordinance was approved.
Moved by Alderman Russell that Resolution No. 63-83 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Alderman Russell expressed her privilege and pleasure to have served on the
Board of Aldermen for the past six years. It has been an altogether worthwhile
experience. She is very proud of the fact that she has served longer than any
other woman. She paid respect to her parents, stating that both had instilled
in her the basic principle that if something is worth your attention, it is worth
finding out all you can about it, and giving your all to it. She noted that her
Mother had at one time served as an elected official in the State of Texas. She
stated that she does love and care greatly for this community, which has been
her home for 25 years. She charged the new Council to study in depth, and listen
with latitude, and to enact with pride and wisdom. She stated that it had been
altogether overwhelming to have been a part of the effort to rebuild and build
again during two natural disasters, and to work with the spirit and resilience
with this community. She commented to Charles Harper that Place 3 has been used
to a bit of color.
Alderman Hampton stated that he was sworn in 22 hours before the tornado
hit, and it has been a pleasure to serve in this capacity. He stated that it is
a pleasure to have voted in an election when 100 percent of his votes are on the
winning side. He congratulated his replacement, stating that he looked forward
to being an interested citizen now. He thanked the citizens of Wichita Falls
i for giving him this opportunity for the past four years , and he goes out with a
smile.
Alderman Shearman thanked Mr. and Mrs. Wichita Falls for the honor of serving
for the past two years. He thanked his wife and his staff for running his
business in order that he could serve the citizens. He thanked the city staff
who gave unselfishly. He stated that it has been a real pleasure. He wished
Mr. Swift -the best in his term of office.
The Oath of Office was administered to the newly elected Councilmen by City
Clerk Wilma Thomas.
Mayor Cook presented plaques of appreciation from the citizens of Wichita
Falls to each outgoing Alderman.
Thomas Swift, Charles Thomas, and Charles Harper each took their respective
places as new members of the Council .
Items 7a - 13a
Item 8c was deleted from the consent agenda.
Moved by Councilman Boston that the remaining items on the consent agenda be
approved.
Motion seconded by Councilman Morris.
Item 7a
ORDINANCE NO. 44-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A SIXTY (60) FOOT WIDE
UTILITY EASEMENT IN LOT 8-A, BLOCK K, KEMP FAIR PARK ADDITION TO THE
CITY OF WICHITA FALLS, TEXAS.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston.
Nays : None
135
Item 7a, cont'd.
ORDINANCE NO. 45-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FOOT WIDE
UTILITY EASEMENT IN LOT 3, BLOCK 2, ARNOLD HEIGHTS, AN ADDITION TO
THE CITY OF WICHITA FALLS.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris , and
Boston
Nays: None
ORDINANCE NO. 46-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE NORTH THIRTY (30)
FEET OF AN EIGHTY (80) FOOT WIDE UNNAMED STREET LYING BETWEEN BLOCKS
4 AND 7, FAITH VILLAGE, UNIT I , AN ADDITION TO THE CITY OF WICHITA FALLS,
TEXAS.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays : None
Councilman Harper stated that he assumed the ordinance will add the deed
restrictions to these so that we won't make the same mistake we did before.
Planning Director Roger McKinney stated that easements that are closed
automatically revert back to the property owners. Acting City Manager Dane
Bennett explained that the City Attorney states that this will be the same
situation as the surrounding properties.
Item 8a
RESOLUTION NO. 64-83
RESOLUTION AUTHORIZING SALE TO INTERFAITH MINISTRIES, INC. , A NON-
PROFIT RELIGIOUS ORGANIZATION, OF A VACANT LOT PURCHASED AT TAX SALE
FOR RELOCATION OF AN EXISTING HOUSE FOR OCCUPANCY BY FLOOD VICTIM.
WHEREAS, the property hereinafter described was purchased by the City (for
the use and benefit of itself and other taxing agencies) at tax sale following
court judgment for delinquent taxes; and,
WHEREAS, Section 34.05 of the Texas Tax Code provides for the sale of such
properties; and,
WHEREAS, Interfaith Ministries, Inc. , a non-profit religious organization,
desires to purchase such vacant lot for relocation of an existing house for
occupancy by a victim of the May, 1982 flood.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT.-
The sale of the following described tract of land to Interfaith Ministries,
Inc. , for the sum of $900.00 is hereby approved, and the Mayor, as provided in
said statute, is authorized to execute a deed on behalf of the City of Wichita
Falls covering the following described tract, to-wit:
Lot 15 in Block 9, Bateson 2nd Addition to the City of Wichita
Falls, known as 420 Juarez Street in said City.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 8b
RESOLUTION 65-83
RESOLUTION APPROVING THE HIRING OF THE FIRM OF BIGGS AND MATHEWS, INC. ,
CONSULTING ENGINEERS, FOR THE DESIGN OF THE UTILITY LINE RELOCATIONS ON
KELL BLVD.
WHEREAS, the City of Wichita Falls proposes to relocate utility lines in
Bell Blvd; and,
136
Item 8b, cont'd.
WHEREAS, the City of Wichita Falls wishes to employ the firm of Biggs &
Mathews, Inc. to provide the engineering services for these relocations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The firm of Biggs & Mathews, Inc. has agreed to provide the engineering
services according to the attached contract. This contract is hereby accepted
and the City Manager is authorized to execute the contract for the City of
Wichita Falls.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and
Boston
Nays: None
Item 8d
RESOLUTION NO. 66-83
RESOLUTION APPROVING FOUR LICENSE AGREEMENTS WITH BURLINGTON NORTHERN
RAILROAD COMPANY FOR WATER AND SEWER LINES UNDER RAILROAD RIGHT-OF-WAY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
Those four certain license agreements, copies of which are attached hereto,
dated March 16, 1983, between Burlington Northern Railroad Company and City of
Wichita Falls, one for a water pipe line and three for sewer lines, are hereby
approved, except for the provision that City will indemnify Railroad for damages
arising out of the sole negligence of Railroad. After this provision is changed
by the City Attorney, the City Manager is authorized to execute such license
agreements for the City of Wichita Falls.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 9a
RESOLUTION NO. 67-83
RESOLUTION AWARDING CONSTRUCTION CONTRACT TO ELECTRA CONSTRUCTION
COMPANY FOR CONSTRUCTION OF NORTHSIDE FIRE STATION NO. 9 AT
5512 CASTLE DRIVE.
WHEREAS, the City of Wichita Falls has advertised for bids for the construc-
tion of the Northside Fire Station No. 9 at 5512 Castle Drive; and,
WHEREAS, eleven bids were received, and Electra Construction Company, who
bid $183,419.00, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said bid of Electra Construction Company in the sum of $183,419.00 is
hereby accepted, and the City Manager is authorized to execute a contract with
Electra Construction Company for the construction of this project.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 9b
The bid for a computer drafting plotter was awarded to U.S.A. Computers,
Inc. , in the amount of $16,183.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
137
Item 9c
The bids for an annual supply of tires and tubes were awarded as follows.
a. Ayres Tire Company - passenger, truck and industrial , off-highways and
tractor and retread tires; $223,035.84
b. Mike Caudell Firestone - motorcycle tires; $1 ,832.67
c. A to Z Tire and Battery - tubes; $10,228.46.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris , and
Boston
Nays: None
Item 9d
The bid for annual linen service requirements was awarded to Pond Industries
in the amount of $13,662.74.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 9e
The bid for a one-half ton pickup for the Traffic Department was awarded to
Ralph Morgan Dodge in the amount of $6,222.49.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item l0a
A proposed resolution was presented approving Change Order No. 1 in the amount
of $3,804.77 to the airport terminal renovation contract.
RESOLUTION NO. 68-83
RESOLUTION APPROVING CHANGE ORDER NUMBER 1 TO THE CONTRACT WITH J. MILLER
CONSTRUCTION COMPANY TO COMPLETE AIRPORT TERMINAL RENOVATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain change order number one (1 ) a copy of which is attached hereto,
to the contract with J. Miller Construction Company, for renovation of the Airport
Terminal is hereby approved, and the City Manager is authorized to execute same
for the City of Wichita Falls.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item lla
Permission was granted to advertise for bids for the Phase I Sludge Disposal
System.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 12a
Minutes of the meeting of the Planning Board held March 9, 1983, were received.
Councilman Harper requested that the Planning Board secretary record the
dissenting points in the minutes. Mayor Cook requested that Roger McKinney take
care of this.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
138
Item 12b
Minutes of the meeting of the Design Review Commission held March 17, 1983,
were received,
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 13a
Tax refunds were approved to First Wichita National Bank, Ryan Mortgage
Company, and Howmet Turbine Company in the total amount of $4,401 .80.
Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and
. Boston
Nays: None
Item l4a
Robert R. Wilson, an employee of the Traffic Department, was honored as the
April Employee of the Month. Mayor Ccok presented him with a plaque, and two
tickets each to a theatre and dinner.
Item 15a
A proposed ordinance was presented waiving certain minimum front building
setback requirements.
ORDINANCE NO. 47-83
AN ORDINANCE WAIVING CERTAIN MINIMUM FRONT BUILDING SETBACK REQUIREMENTS
ON LOT 2A, BLOCK 1 , KEMP FAIR PARK ADDITION TO THE CITY OF WICHITA FALLS,
TEXAS.
Moved by Councilman Morris that Ordinance No. 47-83 be passed.
Motion seconded by Councilman Harper.
Councilman Swift asked if there has been discussion on this before? Mayor
Cook stated not before this body. Roger McKinney stated that it had been
discussed at the Planning Board meeting.
Mrs. Clyde Trahan, 2705 Hampstead, appeared as owner of Forget-Me-Not florist.
She stated that they are asking for a waiver from a 30-foot setback. They are
building a new building at the present site. They cannot build further back
because of a sewer line crossing their property. The building will be 30x49 feet.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris, and
Boston
Nays: None
Item 15b
Discussion was held on a proposed ordinance waiving city enforcement of
deed restrictions on Lots 1 and 2, Block 70, in Faith VillaCe, Unit II.
Councilmar: Swift again asked if this has been discussed. The Mayor replied
not before this body.
Moved by Counciiman Bos ton . for. disoassion purposes, that this ordThC!nce be
passed.
Motion seconded by Councilman Morris.
Tom Hoffman, 1521 Celia, appeared as owner of the property in question.
He stated that he would like to use the property for an office. He likely would
have an insurance agency, real estate agency, or professional building. He
stated that he is aware of the previous discussion on deed restrictions.
139
Item 15b, cont'd.
Mayor Cook and Councilmen Harper and Morris discussed waiving deed restrictions,
stating that the Council cannot waive deed restrictions. They can only waive
city enforcement of them.
Director of Planning Roger McKinney stated that all property owners within
300 feet have been notified, and they received six objections.
Councilman Swift asked if this building had to face Kemp? Roger McKinney
stated that it could face any way he wanted it. He also named all the restrictions
to the use of this property previously approved by the Council .
Mr. Hoffman stated that he was not aware of some of these requirements,
particularly the lighting and screening. The entrance is designated from Quill ,
rather than Kemp. He stated that he had no knowledge that he was supposed to
provide this information. He has a possible family oriented book store tenant.
He does not want to blemish the area, but to enhance it.
Councilman Wilson asked Mr. Hoffman about the lots. Mr. Hoffman stated that
there is an existing building on Lot One, and a slab on Lot Two. He asked where
the access will be on Lot Two? Mr. Hoffman stated .that he has no plans for
expansion at this time on Lot Two. He understands that access would probably be
on Featherston.
Councilman Wilson stated that he is concerned about this property on Kemp.
It will make it less desirable for those people across the street. If we waive
restrictions it will make it possible for him to convert a rear entrance to a
front entrance. That is the problem he has.
Mayor Cook suggested that he get with Mr. McKinney concerning these require-
ments. Mr. Hoffman stated that he had no objections to any of these things read
by Mr. McKinney. He would be happy to abide by them.
Moved by Councilman Morris that this item be tabled.
Motion seconded by Councilman Thomas, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 16a
A proposed resolution was presented authorizing bids for snack bar operation
at Municipal Airport.
RESOLUTION NO. 69-83
RESOLUTION AUTHORIZING ADVERTISING FOR BIDS FOR SNACK BAR AND/OR VENDING
MACHINE OPERATION, AND FOR VIDEO GAME MACHINES, IN THE RESTAURANT AREA
AT MUNICIPAL AIRPORT.
WHEREAS, because of the state of the economy, the decline in air passenger
volume, and the location of the airport relative to the population center of the
City, the Municipal Airport is no longer able to support a full service restaurant,
but it is deemed important that some type of food service facility should be made
available to the public at the Municipal Airport; and,
WHEREAS, it is the consensus of the City Staff, the Aviation Advisory Board,
the patrons of the airport who were polled concerning this matter, that the City
should provide a snack bar with vending machines or vending and drink machines
in one-half of the restaurant area, and video game machines in the other one-half.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to advertise for bids for a food service
operation consisting of snack bar with vending machines or vending and drink
machines, and for video game machines; the City Manager is further authorized to
execute the contracts for the City with the high bidder for the food service
operation and with the high bidder for the video game machines, not exceeding two
years.
140
Item 16a, cont'd.
Moved by Councilman Boston that Resolution No. 69-83 be passed.
Motion seconded by Councilman Morris.
Councilman Wilson inquired concerning the video machines. Bob Parker,
Director of Traffic, stated that it would be only for those people waiting for
departures.
Councilman Thomas asked if this restaurant is closed? He stated that it is
a shame that this city can' t support a restaurant at the airport.
Mr. Parker explained the decrease in revenues, stating that their gross
sales were $6,000. The break-even point if $9,000 to $10,000. He explained
that janitors will open it up, and close it. Councilman Thomas asked if we are
locked into this? Mr. Parker stated that there is a two-year limit on the contract.
If it picks up we can change it. We have other options open to us. We will not
do away with our capabilities as a restaurant.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 16b
A proposed resolution was presented authorizing grant application for
computer and software for the Police Department.
RESOLUTION NO. 70-83
RESOLUTION AUTHORIZING GRANT APPLICATION TO TEXAS CRIMINAL JUSTICE
COUNCIL FOR SMALL BUSINESS COMPUTERS AND SOFTWARE FOR THE POLICE
DEPARTMENT.
WHEREAS, all Police Department administrative records are maintained
manually, as are approximately 15 statistical records relating to crime analysis
and administrative reports; and,
WHEREAS, a more efficient manner of processing these records is needed to
provide up-to-date accurate information, and small business computers and
adaptable software programs for such records are readily available at a reasonable
cost, and the Texas Criminal Justice Council will fund projects of this nature
on a fifty-fifty matching ratio; and,
WHEREAS, the total cost to purchase three small desktop computers, one for
each work station, one printer and necessary software is estimated at $16,150.00,
of which $8,075.00 would be provided by the state grant and $8,075.00 by the City.
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 make an application to the Texas
Criminal Justice Council for a grant in .the amount of $8,07'5.00 for this project,
and to execute the grant agreement for the City of Wichita Falls.
Moved by Councilman Harper that Resolution No. 70-83 be passed.
Motion seconded by Councilman Thomas, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and
Boston
,,Nays: None
Item.16c
A proposed resolution was presented authorizing execution of the first
amendment to the contract for Central Services Complex.
141
Item 16c, cont'd.
RESOLUTION NO. 71-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO THE CONTRACT WITH THE ZACK BURKETT COMPANY
FOR SITE PREPARATION FOR THE CENTRAL SERVICES COMPLEX.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain amendment, a copy of which is attached hereto to the contract
between the City of Wichita Falls and the Zack Burkett Company, providing for a
portion of the site preparation for the Central Services Complex, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
Moved by Councilman Boston that Resolution No. 71-83 be passed.
Motion seconded by Councilman Morris.
Councilman Harper stated that' he has some reservations about this in regard
to the loss.
Acting City Manager Dane Bennett stated that we had to stop the installation
we had, and go to a different approach.
Councilman Wilson felt that the whole thing should have been included in our
contract from the beginning. He does not like the City doing part of it, and
the contractor doing part of it. There is always a question of who is at fault.
He further stated that he hopes we will contract everything out in the future.
Mr. Bennett stated that he appreciates Councilman Wilson' s recommendations.
He agrees that it should have been contracted out entirely in the beginning, but
when we inherited it, we had to do the best that we could.
Councilman Harper stated that a terrific amount of water was stopped up out
there this morning. He hopes it is now unstopped. The school kids could not get
across.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and
Boston
Nays: None
Item 16d
A proposed resolution was presented authorizing the City Manager to deed a
portion of certain lots to Wichita Falls Area Food Bank, Inc. , and to execute a
contract in this regard.
RESOLUTION NO. 72-83
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEED PART OF LOTS 18 THROUGH
21 , BLOCK 19, HILLCREST ADDITION, WICHITA FALLS, TEXAS TO WICHITA FALLS
AREA FOOD BANK, INC. , AND TO EXECUTE A CONTRACT REGARDING SAME.
WHEREAS, the Board of Aldermen has found and determined that there is a need
for an Area Food Bank to distribute food to the needy persons in the City of
Wichita Falls, and that the Wichita Falls Area Food Bank, Inc. , has agreed to
provide such services, and that this is a proper purpose; and,
WHEREAS, part of Lots 18 through 21 , Block 19, Hillcrest Addition of Wichita
Falls is a property that Wichita Falls Area Food Bank, Inc. , and the City have
determined would be an appropriate location for this purpose; and,
WHEREAS, Wichita Falls Area Food Bank, Inc. , has requested that the City
donate the property for such purpose.
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 execute, for the City of Wichita Falls,
a deed of gift of that part of Lots 18 through 21 , Block 19, Hillcrest Addition
142
Item 16d, cont'd.
which is outside the right-of-way of Midwestern Parkway to Wichita Falls Area
Food Bank, Inc. , with a reverter to the City if it is not developed as, or if
it ceases to operate as, a Food Bank, and to execute a contract in the form
attached.
Moved by Councilman Harper that Resolution No. 72-83 be passed.
Motion seconded by Councilman Morris.
Councilman Harper stated that he hopes we make some kind of restrictions
on this land. These people need some protection, also.
Mayor Cook asked if a reversionary clause would address Councilman Harper's
concern? City Attorney H. P. Hodge stated that he thought it would. The Kiwanis
Club is furnishing the money for the food bank. If it reverts to us, just the
land reverts back to us. The building will be of a kind that cannot be moved
off. If the land reverts back to the City, then the City and Kiwanis Club agree
to some new use for this building. The Council would determine the use of it.
Another alternative would be if the City would sell the land with the building
on it, we would divide the proceeds, the land reverts back to the City, and the
City would still have control of it.
David Brock, 1209 21st, stated that he went door-to-doer, and none of the
neighbors have objection to this. There is also a foundry in the area which is
not nearly as attractive as what they are planning to do. There will be some
building lighting, but closed at night, with minimal lighting only for security
purposes.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and
Boston
Nays: None
Item 17a
Moved by Councilman Thomas that the Parish Brothers claim regarding their
property on Holliday Creek be tabled for two weeks to allow discussion of the
new council members.
Motion seconded by Councilman Harper, and carried unanimously.
Councilman Wilson asked City Attorney, H. P. Hodge to tell the Council what
is the legal effect when it becomes impossible to perform without violating other
laws? Mr. Hodge stated that he did not know, but would check it out. Councilman
Wilson stated that as long as we have been looking at this we should have an
answer.
Item 17b
David Brock appeared representing Citizens for Change. He stated that they
have a list of questions they would like the Council to address this morning.
They are not interested in stirring up trouble. He mentioned what he considered
as adverse wording of Proposition 10, and the counting in Box 5 where the votes
exceeded the number of ballots counted.
Mayor Cook noted that it would be appropriate to take these questions and
provide a response because it is under other business. He stated that because
of the closeness of the election, the issue does deserve study by this Council .
The new members need some time to study these items but a response will be
provided. He stated that they will look at procedures of handling elections in
the future, and whether we go to mechanism, and costs.
Mr. Brock stated that they have 48 hours from 9:20 this morning to take
some action.
Mayor Cook asked the City Attorney if there was a 48-hour limit placed on
this matter? Mr. Hodge stated that he did not know.
143
Item 17b, cont'd.
Councilman Wilson asked Mr. Brock where he got his information? Mr. Brock
stated that Roger Crampton is studying this matter. In the State of Texas, a
48-hour limit is used. There are three different times stated. Councilman Wilson
asked does this have a bearing on whether it will be challenged? Mr. Brock stated
that it would be on the misleading wording of the proposition. He stated that he
would rather continue working in a positive manner.
Mayor Cook noted that Mr. Brock was present when the original wording of the
proposition was changed. It was changed from a multiple choice because the Council
felt it was confusing. He further stated that the wording of this proposition was
presented to several people, and none of them had any trouble understanding it.
The reason it was re-worded was because the original wording was confusing. As
far as why it was not first on the ballot, they were presented in the same order
as the Charter Revision Committee presented them to the Council .
Mayor Cook further stated that because the vote was close, it deserves
further study, and he will see further study by the Council . There is a two-year
limitation on amending the charter again. The majority of the people did say
that the method of representation they desired is the at-large system. The
Council will look very favorably on changing procedures in municipal elections.
This will be addressed with the County. He stated that he has already talked with
Judge Bacus, and they feel they will be able to work out something on that. He
stated that the Council will all work with the citizens.
Councilman Harper pledged that they will work with the City on existing
problems. If anyone feels misrepresented, they need to do something about it.
City Attorney H. P. Hodge noted that he had requests from two different
groups suggesting that wording be changed, and those two items were put on the
agenda after it was prepared. He placed these items on the agenda only at their
request.
Mayor Cook stated that he does not believe there was any intention of the
Council to misrepresent the proposition.
Mr. Brock stated that if anything is defeated, it should be on its own merit.
They need a decisive decision. Mayor Cook stated that they concur.
The City Council adjourned at 10:35 A.M.
PASSED AND APPROVED this _ day of 12- r�i 1983.
s
f
D. ook, Mayor
ATTEST:
Wilma J. Thomas, CMC, City Clerk
, CHANGE f-�
ORDER � W. 11,
A/11 /)( )( I 11\11 111 "-M
I k 1 ! )
PR( )II ( I f0t. icill, J �;<i)I P M R One
0 1,ill It'. 1(h I It-.,1 1.,a 11 11111 211 Tp;11 1A i I-p or
i( )% I)A I L: '.,:arch 211 1983
I li 11 1 PR()I[(-I- No 82260
J. �'Iiller Co-lstruction Co. I k)All,'I I R $311 ,733.00
4112 Ber;iici: Drive
I-lichita Falla T e as D
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LI 1\ v 1 1) \I I January 15, 1983
Y()I i ,III,I, c I i r(,( I ed N) iim 1 e i I w in < ImIl!"i", ill [Iw, CwIt 1-,I( t:
1 . T
Additional work due to job conditions to brace exterior walls . $2,506.35
2. Add roof at an.-,ul,a-,: corner at ba-,, age claim area and repair
existing ;,lall at joist bearin;. $1 ,298.47
$3,804.77
-i- .11% adj,l I-, ''t !;I I I?-I I w,
Ilw liw;lll,d ('1111.14 1 'mm, . . . . . . . . . . . . . . . . . . . . . . . . . ti 311 ,733-00
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,80
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AIA DOILILAUNI (,-()I i )I'll
Mi N\l1K!( il \\I G701 1978
THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WICHITA )
PART I. AGREEMENT
This AGREEMENT entered into and effective as of this day of April,
1983, by and between the City of Wichita Falls, Texas (hereinafter called the
"CITY") and Wichita Falls Area Food Bank, Inc. , (hereinafter called the
"CONTRACTOR").
WITNESSETH:
WHEREAS, the CITY desires to assist the CONTRACTOR in establishing a
permanent Food Bank facility to be used to warehouse and distribute food to the
needy.
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) The CITY will donate that City-owned property legally described
as part Lots 18 through 21, Block 19, Hillcrest Addition for the construction
of the Food Bank facility.
(2) The CONTRACTOR will assure the construction of the facility on the
land provided by the CITY.
(3) The CONTRACTOR is totally responsible for ensuring that sufficient
funds are available from its own or other non-City sources, to fulfill the terms
of this contract.
(4) Should the property not be developed as a Food Bank facility and
placed in operation within twelve (12) months from the date of this AGREEMENT,
or should it cease to be operated as a Food Bank, the title to the property herein
described (land only) shall revert to the CITY. Thereafter, this property shall
be redesignated for another non-profit public use as jointly approved by the CITY
and the University Kiwanis Club, or the CITY may sell the property, and the proceeds
shall be divided between CITY and University Kiwanis Club in the same ratio that
the appraised value of the land at the time of the sale bears to the appraised
value of the building at such time.
(5) This AGREEMENT in no way commits the CITY to future funding. Any
future funding is solely the responsibility of the CONTRACTOR.
CITY OF WICHITA FALLS
ATTEST: BY:
Dane J. Bennett, Acting City Manager
Wilma J. Thomas, City Clerk WICHITA FALLS AREA FOOD BANK, INC.
BY:
APPROVED AS TO LEGALITY AND FORM
H. P. Hodge, City Attorney
A-d -
STATE OF TEXAS 0 !l-
COUNTY OF WICHITA 0
This Contract, made and entered into as of the day of 1983,
by and between the City of Wichita Falls , Wichita Falls, Texas (hereinafter
called "Owner") and the firm of Biggs & Mathews , Inc . , Consulting Engineers,
Wichita Falls, Texas (hereinafter called "Engineer") .
WITNESSETH:
WHEREAS, the Owner will require utility line construction involving re-
placement and/or relocation of water and sewer lines crossing Kell Boulevard
between Lawrence Road and Harrison Street in the City of Wichita Falls in
accordance with State Highway Department sepcifications and
WHEREAS, the firm of Biggs & Mathews, Inc. is acceptable to the Owner and
is willing to enter into a contract to perform engineering service required by
the Owner;
NOW THEREFORE, it is agreed as follows:
I .
The Owner hereby retains the Engineer for all engineering services re-
quired in connection with the replacement and/or utility relocations . The
services performed by the Engineer in connection with the proposed relocations
shall be as follows:
I . Prepare plans and specifications
II . Prepare contract documents
III . Conduct general and/or resident supervision of project
IV. Prepare monthly progress reports and pay estimates and submit same
to the Owner for payment
-1-
Page 3 of 9 Pages
Agenda Item No.
V. Prepare "As-Built" plans
VI . Assist Owner in the final project acceptance process .
II
Item No. I - Preparing of detailed plans and specifications shall include:
(a) Establishing the scope of any soil and foundation investigations
which may be required and making the necessary arrangements to obtain
the necessary services .
(b) Surveys , preliminary design and layout of the improvements .
(c) Preparation of detailed plans.
(d) Preparation of project quantities and cost estimates .
(e) Furnish to the Owner all necessary copies of approved plans , specifi-
cations, notices to bidders and proposal forms .
Item No. II - Prepare Contract Documents shall include:
(a) Preparation of the Contracts and specifications.
(b) Assistance in the advertisement of the project for bids.
(c) Assistance in the opening, tabulation and analysis of the bids re-
ceived and recommendations as to the appropriate action to be taken.
(d) Assistance in the preparation of formal contract documents for con-
struction contracts.
Item No. III - Conduct general and/or resident supervision of project shall
include:
(a) Making periodic visits to the various sites (as distinguished from
the continuous services of a resident Project Representative) to
observe the executed work and to determine in general if the work is
proceeding in accordance with the contract documents . In carrying
out this function , it is understood that the Engineer does not
guarantee the contractor' s performance, nor is he responsible for
supervision of the contractor' s operation and employees .
(b) Consulting and advising with the Owner and preparing routine change
orders as required.
(c) Reviewing shop and working drawings and design mixes furnished by
contractors for compliance with design concept and with information
given in contract documents (contractor is responsible for dimensions
to be confirmed and correlated at job site) .
Page 4 of 9 Pages
Agenda Item No.
(d) Preparation of monthly and final estimates for payments to contrac-
tors , and furnishing any necessary certifications as to payments to
contractors and suppliers.
(e) Performing, in company with the representative of the Owner, a final
inspection of the project .
(f) Revision of construction drawings, with the assistance of the resi-
dent Project Representative, to reflect any revisions included in
construction records .
(g) Furnish Owner with three (3) sets of construction drawings .
Item No. IV - Prepare "As-Built" plans shall include:
(a) Updating plans to show any changes during construction.
(b) Furnish Owner with three (3) sets of "As-Built" prints and one (1)
set of reproducible tracings.
III
For the basic services performed under Section II of this agreement , the
compensation to the Engineer shall be expressed as a percent of the cost of
construction for which preparation of plans and specifications are authorized
and shall be ten (10 .0%) percent, and not to exceed $10,500.00.
Upon completion of the services as set out in Section II of this agree-
ment, eighty (80%) percent of the total basic charge shall be due and payable.
The remaining twenty (20%) percent shall be paid during construction in pro-
portion to the Contractor' s earnings.
For special services such as court litigation and other miscellaneous
services not outlined in Section II , the Engineer shall be compensated on the
basis of the Schedule shown in Section IV. Statements for services in this
category shall be rendered monthly and payment shall be due not less than
thirty (30) days after submission of a statement.
-3- Page 5 of 9 Pages
Agenda Item No.
IV
The charge provided herein shall not include property, boundary, and
right-of-way survey, shop, mill , field or laboratory inspection of materials;
cost of inspection borings or other subsurface explorations; copies of "As-
Built" plans and specifications in excess of three (3) ; calculations of special
assessments; the services of a resident Project Representative for continuous
on-the-site observance of the work; or the furnishing of construction line and
grade surveys .
If the Owner elects to have the Engineer furnish services of a resident
Project Representative for continuous on-the-site observance of the work or the
furnishing of construction line and grade surveys, the Engineer will furnish
this service at the following schedule of rates :
SURVEY PERSONNEL
Four-Man Survey Party $ 70.00 per hour
Three-Man Survey Party $ 58.00 per hour
Land Surveyor $ 24.00 per hour
CONSTRUCTION INSPECTION
Resident Engineer $ 30.00 per hour
Resident Inspector $ 18.00 per hour
ENGINEERING AND GENERAL SUPERVISOR
Principal or Officer of Firm $ 45.00 per hour
Project Engineer $ 36 .00 per hour
Senior Draftsman $ 17 .50 per hour
Junior Draftsman $ 12.00 per hour
Direct expenses and subcontract costs incurred shall be reimbursed at
actual cost.
If during preparation of the plans and specifications , or thereafter, the
Engineer shall be required to render additional services because of changes or
delays , or other causes beyond his control , then the Engineer shall be com-
pensated for such additional services on the basis of the schedule set out in
Section IV.
-4- Page 6 of 9 Pages
Agenda Item No.
V
It is understood and agreed that the Owner shall have complete control of
the services to be rendered and that no work shall be done under this contract
until the Engineer is instructed in writing to proceed with the work. At the
time written instructions are given to the Engineer to proceed, evidence shall
be furnished that funds are available to pay for the services rendered.
It is also understood that the Engineer will not supply a resident Project
Representative for continuous on-the-site observance of the work or furnish
construction line and grade surveys unless instructed in writing to do so.
VI
Any provision in this contract notwithstanding, it is specifically under-
stood and agreed that the Engineer shall not authorize or undertake any work
pursuant to this contract, which work would require the payment of any charge,
expense or reimbursement in addition to the charge stipulated in Section III ,
without having first had and obtained specific written authority therefore .
V I I
This contract shall not be assignable in whole or in part without the
consent of the Owner.
VIII
All payments for services rendered by the Engineer that have not been paid
within sixty (60) days after becoming due shall thereafter accrue interest at
the rate of eighteen (18%) percent per annum.
-5- Page 7 of 9 Pages
Agenda Item No.
IX
In connection with all the work outlined or contemplated above, it is
agreed that the Owner or the Engineer may cancel or terminate this contract.
Upon thirty (30) days written notice of such cancellation from either party to
the other, all work and labor being performed under this contract shall imme-
diately cease, pending final cancellation at the end of such thirty day period ,
and further provided that the Engineer shall be compensated in accordance with
the terms of this agreement for all work accomplished by him prior to the re-
ceipt of notice of such termination.
X
The City of Wichita Falls or any of its duly authorized representatives
shall have access to any books , documents, papers and records of the Engineer
which are directly pertinent to this project for the purpose of making accurate
examination, excerpts and transcription.
XI
The Engineer shall have access to any existing City plats and records in the
possession of the Owner that will be of benefit in the preparation of the plans
and specifications . The Owner will furnish all equipment and City personnel to
excavate and uncover existing utility lines , as required, to establish the
exact locations , pipe sizes and types, and fitting sizes and types . The
Engineer shall schedule such work at the convenience of the City personnel .
_6- Page 8 of 9 Pages
Agenda Item No.
IN WITNESS HEREOF, the City of Wichita Falls, Texas has caused this con-
tract to be executed by its City Manager and attested by its City Clerk and the
official seal of the City affixed hereto, and Biggs & Mathews , Inc . , Consulting
Engineers , has caused this contract to be executed by its President and its
Secretary, with all such executions being in quadruplicate, each of which shall
constitute an original , and all of which has been done as of the date here
above first written .
APPROVED AS TO FORM:
BY
City Attorney
CITY OF WICHITA FALLS
By
ity anager
ATTEST:
City Clerk
BIGGS & MATHEWS, INC.
CONSULTING ENGINEERS
BY �`✓ tt�
J. E. Biggs , Jr. , President
Registered Professional Engineer No . 16101
ATTEST:
ecret, ry
-7- Page 9 of 9 Pages
Agenda Item No.
L
Pipeline
No. 243,475
THIS AGREEMENT, made this 16th day of March 1983 between
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC), a Delaware corporation,hereinafter called "Railroad,"and CITY OF WICHITA FALLS,
whose post office address is P. 0. Box 1431, Wichita Falls, Texas 76301,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission
to excavatefor, construct, maintain and operate a 6—inch water pipeline,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad,underneath the surface'thereof,
and under the tracks of its railroad, as the case may be, at or near Wichita Falls, Station, in the County of
Wichita , State of Texas to be located as follows,to-wit:
Crossing at Mile Post 5 + 1,770 feet
as shown colored red on the plat hereto attached,marked
Exhibit "A",dated January 21, 1983, and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Three Hundred Twenty—Five Dollars
($325.00) for the first five (5) year period and Two Hundred Twenty—Five Dollars
($225.00) for each five (5) years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days'written notice.This provision for payment shall
in no way restrict Railroads right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated November 22, 1982,
heretofore approved by the Railroad's Regional Manager Engineering.
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located.Said Superintendent shall have
Page 3 of 18 Pages
Agenda Item No.
the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety,or of appearance,or on account of additional tracks being laid,change of grade
thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4. In the event that Railroad,at the request of Permittee or any agent or contractor of Permittee,or for the protection
of its property and operations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever
on account of the excavation for,construction,any reconstruction,maintenance,repair,change of location,removal of the
facility or otherwise,Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. If the excavation for construction,any reconstruction,maintenance,repair,change of location,or removal of the
facility,requires any or all of the following work: removal and replacement of track,bridging,protection of track or other
railway facilities by work or flagging,engineering and/or supervision,such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines,or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
further agrees to indemnify and save harmless Railroad from and against any damages,claims, losses, suits or expenses in any
manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation,
use or existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroads premises; and shall and
hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers, employees
and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction,any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss,damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The
liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
contributed to by such negligence.
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission
by giving to Permittee thirty (3G) days" notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof,Permittee,
under the supervision and direction of the said Superintendent, or his authorized representative, shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said Superintendent of Railroad. If Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty (30) day period, Railroad at its option may remove the same and restore the
said right of way to its previous condition,and Permittee shall pay the cost and expense thereof to Railroad.
Page 4 of 18 Pages
Agenda Item No.
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof,shall inure to the
benefit of and be binding upon the parties hereto,their respective executors,administrators,successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
In Presence of:
BURLINGTON NORTHERN RAILROAD COMPANY
By
General Manager — Leases
CITY OF WICHITA FALLS
By
Mayor
Attest
City Clerk
J
FORM 60025 1-76 Page 5 of 18 Pages
Agenda Item No.
i n
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EXHIBIT "A"
1
BURLINGTON NORTHERN RAILROAD F 1 \� 1111 264 } 00 1 0
FORT WORTH REGION 1 �, - i S ago-
263+56_52__
Contract With �P C. �- 262 .I
CITY OF WICHITA FALLS 0
For rf 1 F T 260 + 76_52
6" PVC Force Main Sewer Line Crossing
With 12" X 80' Steel Casing, M.P. 5.34 &
6" X 1255' PVC Force Main Sewer Line / o � Page 6 f 18 Pages
On R.O.W. M.P. 5.33 to M.P. 5.57 ( L F
enda It m No.
At
Wichita Falls, Texas -
0 9%
Office of Chief Engineer Fort Worth, Texas � � _r O
January 21, 1983 Scale: 1"=400' ago m
� 1
wv :to ' 255+28 -D
2-253 c I O =
3133 _ I ' rn rn
Pipeline
-YO
No. 243,476
THIS AGREEMENT, made this 16th day of March 1983 between
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC)a Delaware corporation,hereinafter called "Railroad,"and CITY OF WICHITA FALLS,
whose post office address is P. 0. Box 1431, Wichita Falls, Texas 76301,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate a 12—inch sewage pipeline,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface'thereof,
and under the tracks of its railroad, as the case may be, at or near Wichita Falls, Station, in the County of
Wichita ,State of Texas to be located as follows,to-wit:
Crossing at Mile Post 7 + 3,200 feet
as shown colored red on the plat hereto attached,marked
Exhibit "A",dated January 21, 1983, and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Two Hundred Dollars ($200.00) for
the first ten (10) year period and One Hundred Dollars ($100.00) for each ten (10)
years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days'written notice.This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated November 22, 1982,
heretofore approved by the Railroad's Regional Manager Engineering.
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located. Said Superintendent shall have
Page 7 of 18 Pages
Agenda Item No.
the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety,or of appearance,or on account of additional tracks being laid,change of grade
thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days" advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4. In the event that Railroad,at the request of Permittee or any agent or contractor of Permittee,or for the protection
of its property and operations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever
on account of the excavation for,construction,any reconstruction,maintenance,repair,change of location,removal of the
facility or otherwise,Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. If the excavation for construction,any reconstruction,maintenance,repair,change of location,or removal of the
facility,requires any or all of the following work: removal and replacement of track,bridging,protection of track or other
railway facilities by work or flagging,engineering and/or supervision,such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines, or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
further agrees to indemnify and save harmless Railroad from and against any damages, claims, losses,suits or expenses in any
manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation,
use or existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroads premises; and shall and
hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers, employees
and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction,any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss,damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The
liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
contributed to by such negligence.
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission
by giving to Permittee thirty (3G) days notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof,Permittee,
under the supervision and direction of the said Superintendent, or his authorized representative, shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said Superintendent of Railroad. If Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty (30) day period, Railroad at its option may remove the same and restore the
said right of way to its previous condition,and Permittee shall pay the cost and expense thereof to Railroad.
Page 8 of 18 Pages
Agenda Item No.
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility,and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittee"s post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof,shall inure to the
benefit of and be binding upon the parties hereto,their respective executors,administrators,successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
In Presence of:
BURLINGTON NORTHERN RAILROAD COMPANY
By
General Manager— Leases
GTTY OF WICHITA FALLS
By
Mayor
Attest
City Clerk
FORM 60025 1-76
Page 9 of 18 Pages
Agenda Item No.
r o y
i
� V 4
M 40rp t63 pwd X//I
J�
Uzf14 f sioe'10tP0f
407 t 7/.6 H. B, i
406f76.4H. 3. ® �
' % �5r20 ti fir.iYo• 767-
;. Tresf/e: i
403 tdO Phone Lime Xing
�69 a J
403-t00 E End Mooc/ Box 37 X 2
�O�t68f�oad ��ir���i/'� Xing Sign 2/T.
W-762 o.N.GuyiYi,; Xe *J2t52 Ca���oGuard
Ja
I d
ca I fa
✓ood ,6nq Sign 13`F
NNI
r,
t r
u 7 \\ MM
W 7.23-7.2✓.<'o;-s�erLii���i'i%79.
EXHIBIT "A..
BURLINGTON NORTHERN RAILROAD ��e� 380-,'68 Wood Sigma/ Sign
WV FORT WORTH REGION
2-251 Contract With
313-3 CITY OF WICHITA FALLS G uZooLS
For
12" PVC Gravity Sewer Line Crossing �� I�1� \
With 18" X 78' Steel Casing i�J 1 18 Pages
At e Aged Iteemm No.
M.P. VA77.61 Wichita Falls, Texas
January 21, 1983 Scale: 1"=400'
Pipeline
No. 243,477
THIS AGREEMENT, made this 16th day of March 19 83 between
BURLINGTON NORTHERN RAILROAD COMPANY (f--ormerly
BURLINGTON NORTHERN INC), a Delaware corporation,hereinafter called "Railroad,"and CITY OF WICHITA FALLS,
whose post office address is P. 0. Box 1431, Wichita Falls, Texas 76301,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate a 6—inch sewer line,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface'thereof,
and under the tracks of its railroad, as the case may be, at or near Wichita Falls Station, in the County of
Wichita State of Texas
to be located as follows,to-wit:
as shown colored red on the plat hereto attached,marked
Exhibit "A",dated January 21, 1983, and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Two Hundred Fifteen Dollars ($215.00)
for the first ten (10) year period and One Hundred Fifteen Dollars ($115.00) for each
ten (10) years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days'written notice.This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated November 22, 1982,
heretofore approved by the Railroad's Regional Manager Engineering.
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located.Said Superintendent shall have
Page 11 of 18 Pages
Agenda Item No.
the right at any time when in his judgment it becomes necessary or advisable,to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety,or of appearance,or on account of additional tracks being laid, change of grade
thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4. In the event that Railroad,at the request of Permittee or any agent or contractor of Permittee,or for the protection
of its property and operations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever
on account of the excavation for,construction,any reconstruction,maintenance,repair,change of location, removal of the
facility or otherwise,Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. If the excavation for construction,any reconstruction,maintenance,repair,change of location,or removal of the
facility,requires any or all of the following work: removal and replacement of track,bridging,protection of track or other
railway facilities by work or flagging,engineering and/or supervision,such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines, or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
further agrees to indemnify and save harmless Railroad from and against any damages, claims, losses, suits or expenses in any
manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation,
use or existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroads premises; and shall and
hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers,employees
and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care,custody and control of the parties hereto, in any manner arising from or during the construction, any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss,damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The
liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
contributed to by such negligence.
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission
by giving to Permittee thirty (3G) days" notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof,Permittee,
under the supervision and direction of the said Superintendent, or his authorized representative, shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said Superintendent of Railroad. If Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty (30) day period, Railroad at its option may remove the same and restore the
said right of way to its previous condition,and Permittee shall pay the cost and expense thereof to Railroad.
Page 12 of 18 Pages
Agenda Item No.
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days notice to Permittee,
remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof,shall inure to the
benefit of and be binding upon the parties hereto,their respective executors,administrators, successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
In Presence of:
BURLINGTON NORTHERN RAILROAD COMPANY
By
General Manager— Leases
CITY OF WICHITA FALLS
By
Mayor
Attest
City Clerk
FORM 60025 1-76
Page 13 of 18 Pages
Agenda Item No.
l - O
PVT.
306+26 16 M n
GATES T SICE tom
2-16 �,1ETAL on v�ES
I -18 X 28 RC P ON EAST SIDE -<
D r W I Ig"X 48 R.C.P
D � N
t1 D
m ' w
-T, O
r �
C STA 2g7+SR.C.P. CLASS ISL
N 2- 24 X 42
D _
P C_ 297 24 p2_-=
11
Z _ .p �o
'� Ut N ° ° 29�4+
i N .
N A PT 292+94_58
U1 - �_ - — 0--
CO- - Prop. 6" X 125-3-' PVC Force Male N \�S, 2 —
se we Line b i f 29
I rn-
- o v
2a9� m
O
O � � ' rn f"'
Cn
f Tl --1
-n " o / C
0
rn r I �8 t *7o Prop. 6"PYC Force Main
rn + 17-ra,
C I }> 2Sf+S n�.N•
_ ry, S PVC Grovi�
r 176jl � + D M,
5
2 ewer � i,a .
C Grav'�Y Sewer 1/�e
6 x 320 P �_,
?pis t Sewer
. M.N.
�g r.5 Prop. 6 P C Gra vir'y
79 t 2a M.2 oo dine Xin /vl.R l+ /fSD
�- o I
27_- 6+28 M 0
o
0 3 c
J 1;K1 E: I D U)
D D U)
A 0 I � � o 70
o +_ -moo r rn
rn �O
Z r
O C C 70
rn O I 7
70 D I 2 6 rq
D CO70
-U —1
70 Z O Q� m1
rn
I
t� I
' 264 4 00
�
EXHIBIT "A" I - \ 2 S 890�'
BURLINGTON NORTHERN RAILROAD PC'�63+56.51___� 262 i
FORT WORTH REGION ' ` 7
Contract With ~+ +f f --
CITY OF WICHITA FALLS _ - --
s
For
6" X 320' PVC Gravity Sewer Line
M.P. 5.28 to M.P. 5.34 ��+ s",pP--ge 14 of 18 Pages
At _ - 2�genda Item No.
Wichita Falls, Texas " �'' C-
Office of Chief Engineer Fort Worth, Texas r O I
January 21, 1983 Scale: 1"=400' m 0 rn I
! 70 i 2__5 5 + 2 8 '0
WV -
3)3-3 I Z
rn
Pipeline
No. 243,478
THIS AGREEMENT, made this 16th day of March 19 83 between
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC.) a Delaware corporation,hereinafter called "Railroad,"and CITY OF WICHITA FALLS,
whose post office address is P. 0. Box 1431, Wichita Falls, Texas 76301,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate two (2) 6—inch sewer pipelines,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad,underneath the surface'thereof,
and under the tracks of its railroad, as the case may be, at or near Wichita Falls Station, in the County of
Wichita ,State of Texas to be located as follows,to-wit:
Crossings at Mile Post 5 + 1,450 feet and at Mile Post 5 + 1,765 feet
as shown colored red on the plat hereto attached,marked
Exhibit "A",dated January 21, 1983, and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Three Hundred Dollars ($300.00)
for the first ten (10) year period and Two Hundred Dollars ($200.00) for each ten
(10) years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days'written notice.This provision for payment shall
in no way restrict Railroads right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated November 22, 1982,
heretofore approved by the Railroad's Regional Manager Engineering.
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located.Said Superintendent shall have
Page 15 of 18 Pages
Agenda Item No.
the right at any time when in his judgment it becomes necessary or advisable,to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety,or of appearance,or on account of additional tracks being laid, change of grade
thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4. In the event that Railroad,at the request of Permittee or any agent or contractor of Permittee,or for the protection
of its property and operations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever
on account of the excavation for,construction,any reconstruction,maintenance,repair,change of location,removal of the
facility or otherwise,Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. If the excavation for construction,any reconstruction,maintenance,repair,change of location,or removal of the
facility,requires any or all of the following work: removal and replacement of track,bridging,protection of track or other
railway facilities by work or flagging,engineering and/or supervision,such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines,or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
further agrees to indemnify and save harmless Railroad from and against any damages,claims, losses, suits or expenses in any
manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation,
use or existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroads premises; and shall and
hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers,employees
and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction,any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss,damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The
liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
contributed to by such negligence.
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission
by giving to Permittee thirty (3G) days notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof,Permittee,
under the supervision and direction of the said Superintendent, or his authorized representative, shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said Superintendent of Railroad. If Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty (30) day period, Railroad at its option may remove the same and restore the
said right of way to its previous condition,and Permittee shall pay the cost and expense thereof to Railroad.
Page 16 of 18 Pages
Agenda Item No.
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittee"s post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof,shall inure to the
benefit of and be binding upon the parties hereto,their respective executors,administrators,successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
In Presence of:
BURLINGTON NORTHERN RAILROAD COMPANY
By
General Manager — Leases
CITY OF WICHITA FALLS
By
Mayor
Attest
City Clerk
FORM 60025 1-76
Page 17 of 18 Pages
Agenda Item No.
11�,1
+26 16 PVT. XING Io m cn
306 n
GATES
7 METAL C I ram, ON WEST SIDE o o'��- -1 C
-I8 X 28 R py EAST SIDE -� r
v D 03 1 -18"X 48 R.C.P
:g. D 1
-il D
rn o
O
C 1 STA. 297+58
� N 2- 2 4" X 42 R.C.P. CLASS ET
D
P C_297 .1-24.02__ --
(31 A N ° ° 294+28 \
O '-
X p P. T. 292+94.58 —
cn A = „----- ----- --; o Aso
W_ - Prop. 6 X 1:2 PVc Force Main N
Sewer Lire M.P. S 1- /7/t0 to 290 + 0B 2 --
M.P -�
rn
28g+228-; '�o rn
-- �� - O r
rp ', rn r
rnrn
�
O 3: X
-'0 r
r' I' ; 2EF, 70 Prop. 6"Pyc Fore Matn
,mowerh'iYrQ. 1`1-P.5+t77o,
y + 0 M.f]�V zSl $, _M,N• , y
rn i .��--- ��,8/ �- '�-.Yr�� - PVC Graz.��
.. �zo.
' SNwer l i»� ,r n M P.C Fi 2,705
+rP "X370 P Grav TY SPL/Cr �Il)8
'2s
---
278_� _co
Prop 6"p_C_Gravir ewer
278 i-20 r,•`:soo`"
O cr) 1
27 6�- <
/ 0
-' o
� 0 I 3 C D
I _0 rn
D D to
.p 0 < o ^0 C D
- �J
--° " o -� 4- o m rn
rn o s D N -� r- cn
C � me
z 1
N Iv I ._.1 C
Q �O —< C C
rn o I
D I 268+28
rn
Z � I f II
- ---- --- --- --z O Ul 6'
N< I-
m t� 1
EXHIBIT "A" 264+00
1 it 1
BURLINGTON NORTHERN RAILROAD g 890
FORT WORTH REGION C=63+56_52 t
1 la _ J .�
Contract With �_
CITY OF WICHITA FALLS 260 +76__5 2---For � P T'-- _- -
2 6" PVC Gravity Sewer Line Crossings With
12" X 80' Steel Casings o F� iti
At 0
1 Jul If- sF`QPage 18 f 18 Pages
M.P. 5.27 & M.P. 5.33 _ gfenda It m No,
Wichita Falls, Texas i � 9'
Office of Chief Engineer Fort Worth, Texas O
1
January 21, 1983 Scale: 1"=400' r U
WV 25_ 5 + 28 rn0
2--252 �;' O =
313 3 '� I m z
I�� I 1 _ m
FIRST AMENDMENT TO CONTRACT
FOR CENTRAL SERVICES SITE PREPARATION
This amendment, made and entered into this the 5th day of
April, 1983 , by and between the City of Wichita Falls, Texas, herein-
after called "City", and the Zack Burkett Company, hereinafter
called "Contractor",
WITNESSETH:
The parties hereto do hereby agree to amend the contract made
and entered into the 15th day of February, 1983, for site prepara-
tion for the Central Services Complex as follows:
1 . City shall pay Contractor at the following rates per
hour, or fraction thereof:
Crane or 690 John Deere backhoe $65. 00
Air Compressor with tampers 25. 00
Laborers for removing and laying
reinforced concrete pipe 12 . 00
Motor driven whacker for tampering 10 . 00
2 .. The maximum amount which shall be paid
by the City to contractor under this
contract shall be the sum of $140 , 000 .
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first set out above .
CITY OF WICHITA FALLS, TEXAS
By:
Dane J. Bennett
City Manager
ATTEST:
City Clerk
ZACK BURKETT COMPANY
BY