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Min 04/19/1983 144 Wichita Falls, Texas Memorial Auditorium Building April 19, 1983 Items 1 & 2 The City Council 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 Thomas E. Swift Charles Thomas Charles Harper Councilmen 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 Raymond Franklin, Northside Baptist Church. Item 3 Moved by Councilman Thomas that minutes of the meeting held April 5, 1983, be approved. Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - Items 4a - 8a Items 4b and 4i were moved to the regular agenda. Moved b Councilman Boston that the remaining items on the consent agenda Y 9 9 be approved. Motion seconded by Councilman Swift. Item 4a ORDINANCE NO. 48-83 ORDINANCE CHARGING AN ADDITIONAL PENALTY TO DELINQUENT TAX ACCOUNTS, AND PROVIDING FOR NOTIFYING ALL PERSONS HAVING DELINQUENT TAX ACCOUNTS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 4c ORDINANCE NO. 49-83 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TO INCREASE THE NUMBER OF FIREFIGHTERS BY ONE, AND DECREASE THE NUMBER OF FIRE BATTALION CHIEF BY ONE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 145 Item 4d ORDINANCE NO. 50-83 ORDINANCE ACCEPTING IMPROVEMENTS OF A PORTION OF THE 1978 RECONSTRUCTION PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 3403, DECLARING THE CONTRACT WITH TIMMINS-ANDERSON CORPORATION, WICHITA FALLS, TEXAS, FOR THE CON- STRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESS- MENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 4e ORDINANCE NO. 51-83 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 4f ORDINANCE NO. 52-83 ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES ALLOWING THE SHRINE CIRCUS TO TAKE PLACE AT THE D. L. LIGON COLISEUM ON THE MIDWESTERN STATE UNIVERSITY CAMPUS, MAY 27 THROUGH MAY 29, 1983. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 4g ORDINANCE NO. 53-83 ORDINANCE WAIVING ORDINANCE 2491 , AS AMENDED, TO ALLOW SALE OF BEER AT OUR LADY OF GUADALUPE CHURCH ON MAY 7 AND 8, 1983 Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 4h ORDINANCE NO. 54-83 ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER AT THE NOTRE DAME SPRING FESTIVAL ON APRIL 29, 30, AND MAY 1 , 1983. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 146 Item 4h, cont'd. ORDINANCE NO. 55-83 ORDINANCE GRANTING WAIVER OF SECTION 25-69 OF THE CODE OF ORDINANCES TO AUTHORIZE TRANSIENT SHOW SPONSORED BY NOTRE DAME SCHOOLS ON THE SCHOOL PARKING LOT AND GROUNDS ON APRIL 29, 30, AND MAY 1 , 1983. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 4i ORDINANCE NO. 56-83 AN ORDINANCE AMENDING SECTIONS 19-1/2 - 8 and 19-1/2 - 13 OF THE CODE OF ORDINANCES RELATING TO FEES FOR RENTAL OF STALLS AND DEPOSITING RUBBISH AT THE MUNICIPAL PRODUCE MARKET. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris , and Boston Nays: None Item 5a RESOLUTION NO. 73-83 RESOLUTION APPROVING AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION WITH SHEPPARD AIR FORCE BASE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Agreement for Mutual Aid in Fire Protection dated April 5, 1983, a copy of which is attached hereto, between the City of Wichita Falls and the Secretary of the Air Force, which replaces a previous agreement dated October 28, 1980, is hereby approved, and the Mayor and the City Manager are authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5b RESOLUTION NO. 74-83 RESOLUTION APPROVING LEASE AGREEMENT OF LAND IN OLD HALSELL TOWNSITE AT LAKE ARROWHEAD AND AUTHORIZING CITY MANAGER TO EXECUTE THE SAME. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, from the City of Wichita Falls to Claude Draper covering all of Blocks 14, 23, and 26 of the old Halsell Townsite at Lake Arrowhead which are owned by the City of Wichita Falls is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 5c RESOLUTION NO. 75-83 A RESOLUTION REQUESTING NON-PASSAGE OF HOUSE BILL 35 CONCERNING COURT COSTS IN DELINQUENT TAX CASES. WHEREAS, the City Council of the City of Wichita Falls , Texas deems it necessary to have a declared policy regarding the expense of prepaying court costs in delinquent tax cases; and, 147 Item 5c, cont'd. WHEREAS, the City Council of the City of Wichita Falls, Texas, is of the opinion that said expense of paying court costs in delinquent tax cases should be borne by the delinquent tax-payers who are responsible for causing such expense, and that House Bill 35, presently pending before the Texas Legislature, proposes to make the taxing districts prepay court costs in delinquent tax cases and that such prepayment is not in the best interest of our taxing district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: House Bill 35, which provides for prepayment of court costs by the taxing districts, is not in the best interest of our taxing district and we urge that House Bill 35 not be passed. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 6a The bid for two emergency warning sirens was awarded to Fire Appliance Company of Wichita Falls, Texas, in the amount of $18,144. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6b The bid for fertilizer for Parks and Recreation Department was awarded to Tex Mate, in the amount of $8,859.80. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7a Authority was granted to advertise for bids for materials and labor for the 1982-83 Community Development Block Grant street lighting project. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7b Authority was granted to advertise for bids for labor and materials for irrigation construction at Edgemere and Hamilton Parks. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7c Authority was granted to advertise for bids for parking lot construction at Bellevue Park. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 8a Minutes of the meeting of the Board of Electrical Examiners held March 10, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 148 Item 4b A proposed ordinance was presented appropriating $12,025 to replace an inadequate 30 H.P. motor at the Colonial Park South water pump station with a 40 H.P. motor, and to provide test switching panels at the North and South pump stations. ORDINANCE NO. 57-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Councilman Morris that Ordinance No. 57-83 be passed. Motion seconded by Councilman Wilson. Councilman Swift stated that he did not have any background data on this matter. He asked if the replacement cost includes the salvage of the 30 H.P. motor? ,Acting City Manager Dane Bennett stated that it would be retained as a back-up. Councilman Thomas asked what was the problem with the motor? Mr. Bennett stated that it was too small . It threatened to burn out in the last flood. It is a replacement of one of the motors already there. Councilman Swift asked if these motors have a number for inventory control? Mr. Bennett stated that they had not been, but they would be in the future if that is what the Council desires. Fred Werner, Chief Accounting Officer, stated that we have a numbering system, but these items are not numbered if they are not movable. They inventory once a year, and compare with their inventory. Mayor Cook noted that the motors have serial numbers, and if one is removed, we have proof of ownership. Councilman Wilson asked about the capacity of the gates in Colonial Park? He had had a question on it by a property owner. City Engineer Randy Brown stated that he had asked Vernon Gillam to look at these gates. He does not know what the status is at this time. Fie is aware that there have been some problems-with these gates. Clayton Electric is making a study of it. At the South gate they have a settling that is causing some of these problems, but they will adjust them with limit controls to help solve this problem. They have no problem with the gates other than debris getting into them. Councilman Thomas asked if Biggs and Mathews said where that water would go when it is pumped out? Mr. Gillam stated that it will go as far as the creek will allow it. Councilman Thomas asked what if the creek is full ? Mr. Gillam stated that also in this proposal there is a testing device so that they can be tested periodically. The Street Department takes care of the testing and maintenance. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 4j A proposed resolution was presented authorizing an agreement with Mathis, West, Huffines, and Company for public sidewalk improvements. RESOLUTION NO. 79-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DEVELOPERS, MATHIS, WEST, HUFFINES & CO. , OWNERS OF MATHIS, WEST AND HUFFINES DEVELOPMENT FOR PUBLIC SIDEWALK IMPROVEMENT. WHEREAS, the approved 1981-1982 Community Development Block Grant Application established a Sidewalk Leveraging Program designed as an incentive to encourage redevelopment of the central business area; and, 149 Item 4j, cont'd. WHEREAS, a prerequisite of the Sidewalk Leveraging Program is that the applicant expend six dollars ($6.00) for improvement for each City contribution of one dollar ($1 .00) for public improvement in an amount not to exceed twenty thousand ($20,000) per block face; and, WHEREAS, the applicant has documented expenditures for improvement greater than the required minimum for two block faces; and, WHEREAS, pursuant to said application the City desires to cooperate with the developers in making certain sidewalk improvements at Block 151 , Original Townsite, facing Indiana Avenue and Seventh Street, in connection with the development of the Mathis, West and Huffines Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute an Agreement, a copy of which is attached hereto, with Mathis, West, Huffines & Co. , owners of the Mathis, West, & Huffines Development, for the improvement of public sidewalks as legally described in the Agreement and for an amount, to be contributed by the City, not to exceed forty thousand dollars ($40,000.00) . Moved by Councilman Morris that Resolution No. 79-83 be passed. Motion seconded by Councilman Boston. ! Councilman Wilson asked about the number of projects which would be eligible for this kind of sidewalk leveraging? He has some questions about the public participating in these sidewalk improvements, and how many more requests we will have? He questions the wisdom of this kind of continuing expenditure. Acting City Manager Dane Bennett stated that he does not know how many older buildings will be renovated, but he understood that in the past that the City tried to participate in these projects where they could. Gordon Beck, Assistant Planning Director, stated that he knows of no others except the Radio Building which will be coming up in the future. There are five other large buildings downtown which could be renovated. Councilman Swift asked Mr. Bennett how many in the past have been funded? Mr. Bennett stated that the Atrium Building is the only one that he is aware of. We would participate, or not participate, according to the Council ' s wishes. Mr. Beck stated that any building with an initial investment of two million dollars would be eligible, and it has to be in a blighted area. City Attorney H. P. Hodge stated that we have an ordinance requiring the abutting property owner to make repairs to a sidewalk in a residential area, if it gets in bad condition; however, we are responsible for it. Councilman Wilson asked about the condition of the sidewalk we would be taking out? Mr. Beck stated that it is just as serviceable as any other sidewalk downtown. J. C. Boyd stated that the Midtown plan has a section for beautification. The Council has control over any request that comes before them. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Morris, and Boston Nays: Councilman Wilson Item 9a A public hearing was opened on annexation of a 6.67 acre tract of land to the City of Wichita Falls. Gordon Beck, Assistant Planning Director, stated that they did a survey and cost revenue of this proposed annexation. The revenue would exceed the cost of providing city services. There would be no additional cost to the City except normal city services. Water and sewer services are there, and can be tied on. i 150 Item 9a, cont'd. J Acting City Manager Dane Bennett stated that this is just the beginning of a large development going in out there. Councilman Thomas asked if water and sewer facilities are adequate for this development? Mr. Beck stated that they are. No one desired to be heard, and the public hearing was closed. The next public hearing will be held on April 25 at the site. i Item l0a Donna Brown requested an appearance, appealing disapproval of a taxicab chauffeur's license. City Attorney H. P. Hodge reported on legal research concerning this matter. He explained that under our ordinance a felony conviction can be used as a reason for revoking or not issuing a license in these cases. He stated that there is a state law which addresses this question. It provides that a licensing authority may disqualify this applicant if their duties and responsibilities directly relate to this crime. The licensing authority shall consider (1 ) the nature of the crime; (2) the relationship of the crime to the occupation; (3) the extent to which a license may offer an opportunity to engage in further criminal activity of the same type; (4) the relationship of the crime required to perform duties of the licenses occupation; (5) extent of person's past criminal activity; (6) age at time of crime; (7) time elapsed since last criminal activity; (8) conduct and work activity of person prior to and following criminal activity; (9) evidence of person's rehabilitation while incarcerated or following release; (10) other evidence of person's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers et al ; (11 ) it shall be the responsibility of the applicant to provide to the licensing authority the recommendations required under this act; the record of steady employment, support of dependents, record of good conduct, and has paid all outstanding costs and restitution ordered because of the conviction. The law also provides that if the licensing authority denies the person a license, then that person may file a court action within 30 days. Donna Brown stated that she was convicted of a crime six years ago. She does not feel the job she is trying to get would endanger the citizens of Wichita Falls. She stated that she has no intention of ever committing another crime. She feels that she is completely rehabilitated. Councilman Morris mentioned her parole officer, asking if he had been here this morning? Mrs. Brown stated that he was supposed to write a letter to Mrs. Thomas. The Council asked Mrs. Thomas if she had received it, and Mrs. Thomas replied that she had not. Councilman Morris stated that it is very hard to overturn the recommendation of the Police Chief on this matter. A letter from the parole officer might shed some light on it. Moved by Councilman Harper that this matter be tabled until the next council meeting. Councilman Morris asked what kind of problem we have with legal records and arrest records? What kind of liability do we have in these cases? The ordinance pertains to convictions. City Attorney H. P. Hodge agreed that it is generally convictions. He had never seen this arise on arrest records. Councilman Morris requested that the Legal , City Manager, and Police Depart- ments take a look at this ordinance in regard to how long the parole has been granted. The City Attorney noted that the Legislature indicated that guidelines need to be drawn up. Councilman Thomas asked Mrs. Brown if she had a definite offer of a job, and Mrs. Brown stated that she did. The motion was seconded by Councilman Boston, and carried unanimously. Councilman Boston requested that the parole officer be requested to appear, as well as writing a letter. 151 Item 10a, cont'd. Acting City Manager Dane Bennett stated that police records and arrests have to be considered. Granting this request would set a precedent, and we have to consider that these people can be everywhere in the city at any hour of the day, and we have to take into consideration the safety of our citizens. City Attorney H. P. Hodge stated that young children and elderly people are very vulnerable riding in a cab. Acting City Manager Dane Bennett stated that Mrs. Brown had worked for the City, and was terminated before her probation period ended. She also tried to work for another city, and was terminated because she failed to put her conviction on her application. Bob Parker, Director of Traffic and Transportation, stated that he did not recommend her for rehire with the City. Police Chief Harrelson stated that they have a problem with arrest records, as opposed to convictions. Item lla Discussion was held on a proposed ordinance concerning waiving carport requirements. ORDINANCE NO. 59-83 ORDINANCE WAIVING REQUIREMENTS OF SECTION 7-15 OF THE CODE OF ORDINANCES CONCERNING ENCLOSING CARPORTS. Moved by Councilman Morris that Ordinance No. 59-83 be passed. Motion seconded by Councilman Swift. Councilman Harper asked if this request went to the Planning Board? Acting City Manager Dane Bennett stated that these items do not go to the Planning Board. Councilman Harper stated that he would hope that these things would go through the Planning Board in the future. Mr. Wright stated that abutting property owners have not had any objections. He would appreciate the opportunity to protect his property. In addition to his tires being cut, others in the neighborhood had tires ruined, also. His carport is 20 feet from the curb. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item llb A proposed ordinance was presented clarifying city policy on fire lines. ORDINANCE NO. 60-83 ORDINANCE AMENDING SECTION 32-41 OF CODE OF ORDINANCES TO CLARIFY CITY POLICY ON FIRE LINES AND THE CHARGES THAT PERTAIN THERETO. Moved by Councilman Harper that Ordinance No. 60-83 be passed. Motion seconded by Councilman Morris. Councilman Harper stated that he is very pleased to see this change. It improves some problems we have had for a long time. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 152 Item llc A proposed ordinance was presented appropriating $43,500 to pay engineering fees for water treatment plant improvements. ORDINANCE NO. 61-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE 1982 WATER/SEWER BOND FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Councilman Boston that Ordinance No. 61-83 be passed. Motion seconded by Councilman Morris. Councilman Harper asked what happens now? j Jerry Gross, Acting Director of Public Utilities, stated that there is an engineering contract on this. He did not know where or when at this point the plant would be funded. Mayor Cook stated that with these engineering studies it would allow us to phase in over the next months and years as we can. Acting City Manager Dane Bennett stated that one contract was issued with no method of financing, and we need to take care of this. Mr. Gross stated that the engineering services have been provided, and we need to pay for it. Mr. Bennett stated that he did not know how this came about, but it needed to be taken care of. Councilman Harper was concerned with 'the phasing-in of this work. Councilman Swift asked how often these things come up' of under-estimation of funds? Mr. Bennett stated that he did not know because he was not involved in them. We are finding that some of these things need to be looked at. Councilman Swift stated that it is time to deal with these inefficiencies. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Councilman Harper asked where we are on bond funds? Mr. Bennett stated that there are tremendous money problems which we need to address. In the past, some of these things were funded as far as they could go, and then stopped. Item lld J ORDINANCE NO. 62-83 ORDINANCE AMENDING ORDINANCE NO. 115-82 (THE 1982 BUILDING CODE OF THE CITY OF WICHITA FALLS) ESTABLISHING EXCEPTIONS TO THE REQUIREMENT THAT FIRE-RATED PARTITIONS BE CONSTRUCTED WITHIN ROOMS OR SPACES EXCEEDING THREE THOUSAND SQUARE FEET IN AREA AND DEFINING APPROVED SMOKE DETECTION SYSTEM. Moved by Councilman Harper that Ordinance No. 62-83 be passed. Motion seconded by Councilman Swift. Councilman Harper stated that this clears up something in the building code which has been needed for a long time. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays None Item lle was deleted from the agenda. Item llf Discussion was held on a proposed ordinance repealing Subsections (a) and (c) of Section 4-1/2 - 70 of the Code of Ordinances, to allow the operator of an invalid coach to charge for services. 153 Item llf, cont'd. L Moved by Councilman Swift, and seconded by Councilman Wilson that the ordinance be passed. Councilman Harper stated that he does not understand what we are doing. City Attorney H. P. Hodge stated that several years ago the City adopted an ordinance which regulated the operation of ambulances. Gold Cross came in and operated under this ordinance. The City, County, Iowa Park, and Burkburnett paid a subsidy so they could operate and make a profit. A couple of health care facilities here in town, each of which owned an ambulance type of vehicle, used them to carry these patients for treatment. In order to operate the emergency ambulance, it necessitated a reasonable charge, but some of these patients had to make trips regularly, and the cost was too high. They did not want to charge for their service to their patients. The Council adopted an invalid coach license. The operator could not charge and could only transport their own patients. We now have a contract with Plumlee Ambulance Service. They are licensed under the emergency service. We have a contract with Plumlee to provide emergency service, and it also provides for a subsidy. It seems that a city of this size cannot support an ambulance service without a subsidy. Randolph Duke operates a transport service. At the present time he does not have a license under either section of the ordinance. He operates his business from points inside Wichita Falls to outside Wichita Falls, and vice versa, and he is limited to that service. He has requested an opportunity to operate from two points within the city. He cannot charge for it. The ramifications of this are extremely important. Mr. Duke does not desire to get into the full blown ambulance service. He desires to get into the invalid coach service for which charges could be made. The present emergency ambulance operator is authorized to operate invalid coach service, and is authorized to charge for this service. It is a very lucrative source of revenue to the present ambulance operator. If part of this service is siphoned by someone else, that will reduce the revenue of the emergency ambulance operator. This would result in a lowering of his revenue, and would have an adverse effect on any subsidy he would have to have to operate. Mr. Duke wants to get into a business that uses the city streets. He wants to enter an era that a city has an extremely difficult time providing this service. Mr. Hodge also mentioned -anti-trust ramifications. They apply to cities, as well as private individuals. The question might come up whether we would be violating anti-trust laws. His office thinks not, but there is a question. Plumlee does not have an exclusive contract. If Mr. Duke wanted to operate like they are, then he could apply and have it considered. His feeling is that Mr. Duke has not been denied the privilege of going into the ambulance business like anyone else. If his request is granted, you will have to consider what the future of ambulance service is in Wichita Falls. Acting City Manager Dane Bennett stated that the current subsidy of Plumlee is $176,000. They asked for $226,500, and were granted $176,000. Mayor Cook stated that this was addressed in a work session. The ordinance here would amend the right to charge, as well as the matter of transporting. Councilman Swift asked what portion of Plumlee' s revenue is emergency and invalid? The City Manager stated that he did not have a specific breakdown on this. Corky Dean, Plumlee Manager, stated that 50 percent of their revenue comes from non-emergency charges. Councilman Swift asked about total revenues. It was estimated at $545,000. Mr. Dean stated that non-emergency calls are easier collected. Councilman Thomas asked how many employees and ambulances Plumlee has? Mr. Dean stated that they have 21 employees, and four ambulances. The same ambulances are used to transport invalid patients. It costs $30,000 for an equipped ambulance. Randolph Duke stated that he is not asking for a subsidy from the City. He has been in business for one and one-half years. He gets calls every day from the citizens, and he has to refuse these calls because he cannot charge. His ambulances are inspected by the city and state for medicare and medicaid. He has to have everything on his ambulances that the contractor has on his. i 154 Item llf, cont'd. Mayor Cook noted that the ordinance did not require his ambulances to be equipped for medicare and medicaid. He does not do emergency runs. Mr. Duke stated that his basic charge is $65.00, plus $1 .50 per mile. Councilman Swift asked what Plumlee charges for the same service? Mr. Dean stated that it is $70.00, and $2.00 per mile. Councilman Thomas asked what effect this will have on Plumlee asking for larger subsidies? Mayor Cook stated that he suspects they will be back because of decreased revenue. Mr. Dean stated that under their contract they do not feel they can refuse service. Mr. Duke would not accept non-paying calls. Plumlee would be left with that type of call , and something might have to be done. The motion failed by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12a A proposed resolution was presented approving water service to the new landfill . RESOLUTION NO. 76-83 RESOLUTION APPROVING RIGHT-OF-WAY EASEMENT AND SERVICE AGREEMENT WITH WICHITA VALLEY WATER SUPPLY CORPORATION, FOR WATER SERVICE TO THE NEW SANITARY LANDFILL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain right-of-way easement, a copy of which is attached hereto, from the City of Wichita Falls to Wichita Valley Water Supply Corporation, and that certain service agreement, a copy of which is attached hereto, between the City and Wichita Valley Water Supply Corporation, are hereby approved, and the execution of such easement and agreement by the City Manager is hereby approved. Moved by Councilman Boston that Resolution No. 76-83 be passed. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item 12b RESOLUTION NO. 77-83 RESOLUTION ADOPTING A REVISED LEASE FEE SCHEDULE FOR LOTS AT LAKE .ARROWHEAD AND REPEALING RESOLUTION NO. 46-83. WHEREAS, the Board of Aldermen of the City of Wichita Falls adopted a rate schedule on March 1 , 1983 for the leasing of lots at Lake Arrowhead; and, WHEREAS, said schedule adopted on March 1 , 1983 fails to reflect the market value of the lot leases as a result of inflation and a rising cost of living; and, WHEREAS, the City of Wichita Falls desires to obtain a fair market value for the rental of its property at Lake Arrowhead. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 46-83, which established a fee schedule for the leasing of cabin sites, is hereby repealed. 155 Item 12b, cont'd. In place of the existing fee schedule, the annual fee for leasing a cabin lot site is established as ten percent of the current appraised land value used by the Clay County Tax Assessor. All building restrictions currently in effect will continue to be enforced. All construction must conform to similar construction within the City of Wichita Falls. Construction of a cabin or house must still be completed within two years after the water service is delivered to each lot. Trailer houses to be used as cabins must conform to those sections of Ordinance No. 2004 applying to trailer houses becoming prefabricated homes when vehicles are removed. Moved by Councilman Thomas that Resolution No. 77-83 be passed. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12c Discussion was held on a proposed resolution authorizing the City Attorney to institute eminent domain proceedings to acquire land for Langford Lane right- of-way. A motion was made by Councilman Morris, and seconded by Councilman Harper that the resolution be passed. Councilman Thomas asked for what. reason the developer cannot acquire this? City Attorney H. P. Hodge stated that he notified the two property owners involved. He heard from Mr. Siegman, but he has not heard from the law firm representing the Netum Steed estate. Mr. Siegman stated that they had made an offer to sell the property to Mr. Wachsman, to which they had not received a response. He thought it was 20 feet for $5,000. They would be willing to sell a 30-foot strip on the same basis for $7,500. 1 Mr. Wachsman stated that the street would cost $90,000, and the street will definitely appreciate the value of his land. He stated that before his death, Netum Steed had seemed agreeable to sell enough of his property to utilize both sides, but he does not want to give Mr. Siegman a $45,000 street, but the street needs to be in there. Robert Mathews, engineer, stated that this conforms to the master plan, and it will probably be the only thoroughfare from Fairway to Barnett Road. It would join in on the south side of the stadium. At this point it would be very difficult to change the configuration because of poor planning, engineering, etc. Mayor Cook stated that if we initiate eminent domain proceedings the cost would be borne by Mr. Wachsman. The City Attorney explained that the developer would pay for these costs. If it cannot be negotiated between the owners, the only avenue left open would be the assessment paving program, and charged to the two parties by assessing against the abutting properties. The City has in the past accepted a portion of this because it was so high. They could assess the full amount to the property owners. You cannot assess the abutting property owner by more than the value his property is enhanced by the improvement of the property. Since it is the developer's responsibility to do this he would feel that they would want to pay for the costs. Mr. Mathews feels there are three options. On the north side the developer is not interested because of the property being in estate. He wonders if the City could have some kind of agreement with people on the north when they get permits? Could the City reimburse him like the old water and sewer reimbursement contracts? The City Attorney stated that he could not answer that. He had not seen anything like that. Councilman Wilson asked if we adopted this resolution, are we committed in any financial way on this street? The City Attorney stated that we are not. If you determine that it is necessary to acquire the right-of-way, the City is not out any of the costs. All costs are charged to; Mr. Wachsman. There is no respons- ibility or commitment of the City to do any improving on it. After the property is acquired and it is determined that it needs to be paved, then they may come to the City, and then it could cost us. 156 Item 12c, cont'd. Moved by Councilman Wilson that this matter be tabled for further negotiation between the developer and property owners. Motion seconded by Councilman Morris , and carried unanimously. Item 13a A proposed resolution was presented approving final payment on the Colonial Park pump contract. RESOLUTION NO. 78-83 J RESOLUTION APPROVING CHANGE ORDER NO. 1 AND ACCEPTING CONSTRUCTION OF COLONIAL PARK FLOOD CONTROL PUMP IMPROVEMENTS. WHEREAS, the City of Wichita Falls and Onyx Construction Co. , Inc. entered into a contract dated November 2, 1982, wherein the Contractor agreed to construct certain Colonial Park flood control pump improvements ; and, WHEREAS, during construction certain unknown existing conditions were uncovered which required additional construction in order to make the system function; this additional construction is set out in Change Order No. 1 , which increases the contract amount by $10,870.00; and, WHEREAS, the construction has been completed in accordance with the plans and specifications; and, WHEREAS, the original contract price for this project was $445,720.00, of which $423,434.00 has been paid to the Contractor, leaving a balance due of $22,286.00, plus the $10,870.00 due under such Change Order No. 1 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1 is hereby approved, the construction of such project is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said Contractor the balance due as set out above. Moved by Councilman Morris that Resolution No. 78-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 14a Permission was requested to advertise for bids for purchase and installation of new fences and relocation of existing fence at the landfill . Moved by Councilman Harper that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Boston, and carried unanimously. Item 15a A report was presented on the investigation of residential gas meters used by Lone Star Gas Company. Councilman Thomas asked if residential and business codes are the same on the bills? David Liles, Manager of Lone Star Gas Company, stated that they are. The only change is when there is a new rate increment. He stated that industrial codes are different. Councilman Thomas cited an instance where the code was changed on a bill , and he wonders if the change would have any effect on some of the charges made? 157 Item 15a, cont'd. Mayor Cook noted that utility rates are not popular. In recent charges made by meter inaccuracies; it should be noticed that we found no irregularities in favor of Lone Star Gas Company taking advantage of it. And differences were in favor of the consumer. In the recent consultant investigation of Lone Star Gas Company no irregularities were found in the operation of the local company. None of the charges and allegations can be borne out in this study. David Liles stated that Lone Star Gas Company had its beginnings in 1909 in Wichita Falls. They have tried to deliver gas service to its customers with the highest degree of integrity. It disturbs him that the Council has had to be exposed to these allegations. Lone Star Gas Company is not going to be tampering with meters or anything else in detriment to their customers. He appreciates the Council 's concern in this matter, and the extent to which they went to investigate this matter. Councilman Harper asked how Lone Star Gas Company measures its BTU content? Mr. Liles stated that it is measured at the well head. They will not accept less than 1000 BTU's. Sometimes they accept 1250 BTU's, but it presents them some problems unless they can mix it with a lower BTU. Mayor Cook expressed appreciation to the staff for the way the meter matter was conducted, and the timeliness of it. Item 15b A proposed ordinance was presented waiving ordinances concerning city enforce- ment of deed restrictions for Lots 1 and 2, Block 70, in Faith Village, Unit II . Moved by Councilman Harper, for discussion purposes, that the ordinance be passed. Motion seconded by Councilman Morris. Councilman Harper stated that this will not address what happens to the surrounding blocks. He would hope that we can get a review of the whole block. He stated that he would have to vote against it, as long as a majority of the people are dissatisfied with it. Councilman Wilson agreed with Councilman Harper. He does not believe this proposal meets the test of meeting those requirements for all property owners involved. Councilman Morris also agreed. It does not have the same kind of controls as Lots 73 and 74. The motion failed by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 15c Councilman Harper stated that the state opened up the bidding process, and he would like the Council 's indulgence to prepare an ordinance along this line in order for them to look at. Mayor Cook requested that Mr. Bennett and his staff address this in relation to the SMSA, County, or City limits. Acting City Manager Dane Bennett introduced Dave Tracey as the new Street Superintendent. Mr. Bennett also mentioned the modification to the Jasper Street water plant. He is going to go ahead and have these changes made, and a final change order will be included on the next agenda. I 158 Item 15c, cont'd. Councilman Thomas asked Fire Chief Jameson about the fire protection agree- ment with Sheppard Air Force Base. He asked if he feels comfortable when Sheppard takes charge? Chief Jameson stated that they only take charge of the military equipment involved. This is a federal ruling. - - — — — — — — — — Items 15d, e The City Council recessed at 11 :05 for an executive session pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. At 11 :45 they recessed for lunch, and resumed the executive session at 1 :00 P.M. The Council meeting resumed at 3:20 P.M. Moved by Councilman Morris that Jim Ginnings be reappointed to the Hospital Board for a term beginning April 1 , 1983 to April 1 , 1985. Motion seconded by Councilman Wilson, and carried unanimously. The City Council adjourned at 3:21 P.M. PASSED AND APPROVED this day of 1983. r �Ck, Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk CITY OF WICHITA FALLS, TEXAS -� fl PUBLIC AREA IMPROVEMENT PART I AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO THIS day of , 1983, by and between the City of Wichita Falls, a municipal corporation located in the County of Wichita and State of Texas (hereinafter referred to as "City"), and Mathis, West, Huffines & Co. , (hereinafter referred to as "Developer") WITNESSETH WHEREAS, the City of Wichita Falls included in its 1981-1982 Community Development Block Grant (CDBG) Application a Sidewalk Leveraging Program designed to encourage reconstruction of public sidewalk facilities in a manner and design consistent with City plans and to encourage new construction and renovation of existing privately-owned facilities, with such efforts to enhance the City's tax base and midtown revitalization plans; and, WHEREAS, a prerequisite of the Sidewalk Leveraging Program is that the t applicant expend a minimum of six dollars ($6.00) for private improvements for each City contribution of one dollar ($1.00) for public sidewalk improvements in an amount not to exceed twenty thousand dollars ($20,000.00) per block face. NOW, THEREFORE, the City and Developer mutually agree as follows: 1. Scope of Services A. City agrees to perform the activities consistent with the approved 1981-1982 CDBG Application to include financial participation in payment of construction in the public sidewalk and aesthetic improvements of the portion of Seventh Street and Indiana Avenue abutting Block 151, Original Townsite. Such improvements are subject to all applicable laws, program regulations and the Grant Agreement between the City and the U.S. Department of Housing and Urban Development (HUD) . -2- B. Developer agrees to cause the public sidewalk of the portion of Seventh Street and Indiana Avenue abutting Block 151, Original Townsite, in connection with the development of Mathis, West, Huffines Development to be performed in accordance with the attached site plans and specifications prepared therefor by Dixon-Staley & Associates. Developer further agrees to expend funds in an amount equal to at least six (6) times the compensation to be paid to Developer by City as provided in Paragraph 3. Compensation; such Developer expenditures shall be for private improvements associated with the Mathis, West, Huffines Development. 2. Time of Performance. The Developer's performance of this Agreement shall commence as soon as practicable after the execution of this contract and shall be undertaken in the light of the purposes of this contract; but, in any event, this contract shall terminate September 30 , 1983. No payments shall be made by the City to the Developer for work required herein but uncompleted by the aforementioned date. 3. Compensation. The City agrees to pay to the Developer a maximum amount of Forty Thousand Dollars ($40,000.00) at a 6:1 ratio of cost incurred by the Developer, in connection with the entire Mathis, West, Huffines Development, which shall constitute full and complete compensation for City's obligation under this contract. 4. Method of Payment. Payment shall be made for construction in one payment on a reimbursable basis only after documented evidence has been presented to the City that required public and private improvements have been made and the required six-to-one ratio has been satisfied. 5. Developer's Contribution. In the event that the total sum paid to the Developer under the terms of this Agreement is not sufficient for the Developer to continue performance of his obligations hereunder until termination date hereof, Developer shall provide sufficient funds, whether from its own or -3- other non-City sources, for continued performance to fulfill the terms of this contract. 6. Terms and Conditions and Labor Standard Provisions. This Agreement is subject to and incorporates the provisions attached hereto as "Part II - Terms and Conditions." 7. Future Funding. The funding of this Agreement in no way commits the City to future funding beyond this Agreement. Any future funding is solely the responsibility of the Developer. IN WITNESS WHEREOF, the City and the owners, Mathis, West, Huffines & Co. , have hereunto set our hands on the day of 1983. CITY OF WICHITA FALLS BY: Dane J. Bennett, Acting City Manager DEVELOPER, MATHIS, WEST, HUFFINES & CO. BY: Jerry F. Mathis, Partner BY: Stan S. West, Partner ATTEST: BY. Vernal L. Huffines, Partner Wilma J. Thomas, City Clerk APPROVED AS TO LEGALITY AND FORM: H. P. Hodge, Jr. , City Attorney PART II TERMS AND CONDITIONS 1. Restriction on Disbursement. No money under this Agreement shall be disbursed by the Developer to any other contractor except pursuant to a written agreement which incorporates the applicable Supplemental General Conditions and unless the contractor is in compliance with requirements with regard to accounting and fiscal matters to the extent applicable. 2. Termination of Contract for Cause. If, through any cause, the Developer shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Developer shall violate any of the covenants, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Developer of such termina- tion and specifying the effective date thereof, at least thirty (30) days before the effective date of termination. In such event, all finished or unfinished documents, data, surveys, drawings, maps, models, photographs, and reports prepared by the Developer under this Agreement shall, at the option of the City, become its property, and the Developer shall be entitled to receive just and equitable compensa- tion for any work satisfactorily completed hereunder. Notwithstanding the above, the Developer shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of the contract by the Developer, and the City may withhold any payments to the Developer as determined. 3. Termination for Convenience of City. The City may terminate the Agreement at any time by giving at least thirty (30) days notice in writing to the Developer. If the Agreement is terminated by the City as provided herein, the Developer will be paid an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of the Developer covered by this Agreement, less payments of compensation previously made. 4. Assignability. The Developer shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the City thereto: PROVIDED, HOINTEVER, that claims for money due or to become due to the Developer from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 5. Records. a. Establishment and Maintenance of Records. The Developer shall establish and maintain records in accordance with requirements prescribed by the City, with respect to all matters covered by this Agreement. Except as otherwise authorized by the City, the Developer shall retain such records for a period of three years after receipt of the final payment under this Agreement or termination of this Agreement. b. Documentation of Costs. All costs shall be supported by properly executed invoices and/or any other accounting documents pertaining in whole or in part to this Agreement and shall- be clearly identified and readily accessible. c. Reports and Information. The Developer at such time and in such forms as the City may require, shall furnish to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. d. Audits and Inspections. The Developer shall at any time during normal business hours and as often as the City may deem necessary, make available to the City for examination all of its records and data with respect to all matters covered by this Agreement, and shall permit the City or its designated authorized representative to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. e. Additional Requirements. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any reasonable additional condition that may be imposed by the City at any time. 6. Eligible and Ineligible Costs. a. Standards. All costs incurred _gust be reasonable and of a nature which clearly relates to the specific purposes and end product of the Agreement under which the services are being performed. Care must be exercised by all con- cerned in incurring costs to assure that expenditures conform to these general standards and the following criteria for eligibility of costs. b. Eligible Costs. To be eligible for inclusion under this Agreement costs must: (1) Be necessary and reasonable for proper and efficient execution of the contractual requirements. (2) Be in conformance with any limitations or exclusions in these instructions, or other governing limitations. (3) Be no more liberal than policies, procedures and practices applied uniformly to both federally assisted and other activities of the City. (4) Be accorded consistent treatment through application of accounting policy and procedures approved and/or prescribed herein. (5) Be net of all applicable credits such as purchase discounts, rebates or allowances, sales of publications or materials, or other income or refunds. (6) Be in accordance with budgetary or other restriction of expense established by City. (7) Be fully documented. (8) Comply with policies governing administrative practices, including policies with respect to employment, salary and wage rates (current Davis- Bacon Wage Decision) , working hours, holidays, fringe benefits (health and hospitali- zation, retirement, etc. ) , vacation and sick leave privileges, and travel. C. Ineligible Costs. In addition to costs ineligible under the above criteria, the following costs are specifically ineligible: (1) Bad Debt. Any losses arising from uncollectable accounts and other claims and related costs. (2) Contingencies. Contributions to a contingency reserve or any similar provision for unforeseen events. (3) Fines and Penalties. Costs resulting from violations of or failure to comply with federal, state, and local laws and regulations. (4) Contributions and Donations. (5) Interest and Other Financial Costs. Interest on borrowing (however represented) , bond discounts, cost of financing and refinancing options and legal and professional fees paid in connection therewith. 7. Interest of Members of City. No member of the governing body of the City, and no other office, employee, or agent of the City shall have any personal financial interest, direct or indirect, in this Agreement; and the Developer shall take appropriate steps to assure compliance. 8. Compliance with Local Laws. The Developer shall comply with applicable laws, ordinances, and codes of the State and local governments, and the Developer shall save the City harmless with respect to damages arising from any tort done in performing any of the work embraced by this Contract. 9. Civil Rights Act of 1964. The Developer will carry out its work under 1 this Agreement in a manner which will permit full compliance with Title VI of the Civil Rights Act of 1964, as amended, so that no person shall, on the grounds of age, race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance. 10. Political Activity Prohibited. None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity. 11. Lobbying Prohibited. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the United States Congress, the Texas State Legislature or the Board of Aldermen of the City of Wichita Falls, Texas. 12. Equal Em>>lovment Opportunity. During the performance of this Agree- ment, the Developer agrees as foll ,;as: a. The Developer will not discriminate against any employee or appli- cant for employment because of age, race color, religion, sex, or national origin. The Developer will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other terms of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Developer will, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified appli- cations will receive consideration for employment without regard to age, race, color, religion, sex, or national origin. C. The Developer will send to each Labor Union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the commitments under this section, and shall post copies of the notice in conspicuous places available to the employees and applicants for employment. d. In the event of the Developer's noncompliance with the nondiscrimina- tion clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part, and the Developer may be declared ineligible for further contracts. e. The Developer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materiels. 13. Non-Segregated Facilities. The Developer certifies that he does not maintain or pro� ide for his emplo,.ecs anv se regated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities'are maintained. The Developer covenants that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clock, locker room and other storage or dressing areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in effect segregated on the basis of age, race, color, creed, or national origin, because of habit, local custom, or otherwise. 14. Maintenance Responsibility. Developer will furnish and install an exterior electrical lighting system and maintain standard operation of same plus repair damages which may occur. City will pay for all electric utilities for this exterior lighting system. Developer will furnish, install and maintain a sprinkler system as indicated by plans and specifications on said property. City will furnish water for all sprinkler systems on the right-of-way; Developer will furnish water for planter areas in the parking lot. HNUHUbLu SIDEWALK IMPROVEMENTS -O O rbo °° O s O 6\� 140 o 0 0 .�s 152 P 2 3 s 0 o 00 lb Dt o� s o° • pF �NTER�gi O° r 0 \°O �tJ l _�12ti4 A AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION This agreement, entered into this Sth day of _i`=_1 19 S between the Secretary of the <;ir Force, acting pursuant to the ; authority of 42 U.S.C. (1856(A) ) and Wichita Falls Fire Department is for securing to each the benefits of mutual aid in fire prevention, in the protection of life and property from fire, and in firefighting. It is agreed that: a. On request to a representative of the Sheppard Air Force Base Fire Department by a representative of the Wichita Falls 111 equipment and personnel of the Fire Department, firefighting Sheppard Air Force Base Fire Department will be dispatched to any point within the area for which the Wichita Falls Fire Department normally provides fire protection as designated by the representative of the Wichita Falls Fire Department. b. On request to a representative of the Wichita Falls Fire Department by a representative of the Sheppard Air Force i Base Fire Department, firefighting equipment and personnel of the -.-. Wichita Falls Fire Department will be dispatched to any point within the firefighting jurisdiction of the Sheppard Air Force >.I Base Fire Department. � � C. Any dispatch of equipment and personnel pursuant to this .agreement is subject to the following conditions: (1) Any request for aid hereunder shall include a statement of the amount and type of equipment and personnel requested, and shall specify the location to which the equipment - and personnel are to be dispatched, but the amount and type of ?� equipment and number of personnel to be furnished shall be determined by a representative of the responding organization. Y sti (2) The responding organization shall report to the officer in charge of the requesting organization at the location to which the equipment is dispatched and shall be subject to the orders of that official. \ Page 4 of 8 Pac Acipmia Item No. .F , (3) A responding organization shall be released by - the requesting organization when the services of the responding ;. organization are no longer required or when the responding i organization is needed within the area for which it norr:al.ly provides fire protection. (4) In the event of a crash of aircraft owned or operated by the United States or military aircraft of any foreign nation within the area for which the Wichita Falls Fire Department normally provides fire protection, the Chief of the Sheppard Air Force Base Fire Department or his/her representative may assume full command on arrival at the scene of the crash. d. Reimbursement to fire services for costs and losses of firefighting on Federal property is authorized under 15 U.S.C.2210. e. All equipment used by Wichita Falls Fire Department in carrying out this agreement will, at the time of action hereunder, be owned by it; and all personnel acting for Wichita Falls Fire Department under this agreement will, at the time of such action, be an employee or volunteer member of Wichita Falls i Fire Department. FOR WICHITA FALLS FOR THE SECRETARY FIRE DEPARTMENT: OF THE AIR FORCE: _ ARTHUR W. BURER, Col, JSAF MAYOR Commander Sheppard Air Force Base, Texas HOLLIS E. Si IDiORE City Manager Base Fire Chief _ Sheppard Air Force Base, Texas &e C'n i e f Page 5 of 8 Pages Acenda Item No. 5.a. L.%ZGtp STATE OF TEXAS COUNTY OF CLAY X This agreement made and entered into this the day of 1983, by and between the City of Wichita Falls, Texas, acting by and through its Acting City Manager, hereinafter called Lessor, and Claude Draper, hereinafter called Lessee, WITNESSETH: Lessor hereby leases to Lessee, upon the terms and conditions hereinafter set out, the following described real property situated in Clay County, Texas, to-wit: All of Blocks 14 , 23 , and 26 of the Original Town Site of Halsell as shown on the plat of record in the Office of the County Clerk of Clay County, Texas, save and except any part of such blocks which lie below elevation 930 feet m. s. l. , and save and except the lots out of such blocks which are not owned by the City of Wichita Falls . 1. The term of this lease shall be a period of twenty-five years, beginning on the date hereof. 2. Lessee shall pay to Lessor rental in the amount of Sixty dollars per year during the life of this lease, which rental shall be payable annually in advance, the first rental payment being due upon the execution of this lease, and a like payment due each year thereafter on the anniversary date of this lease. 3. The leased premises are adjacent to Lake Arrowhead, and Lessee agrees that he will keep the leased premises clean of trash, rubbish, garbage and waste matter and will provide such facilities for the disposal of this matter as the ;mall require, it being recognized by both Lessor and Lessee that the primary purpose of Lake Arrowhead is to supply the City of Wichita Falls with water for human consumption. Lessee is under the absolute obligation to so use the leased premises and conduct himself so that there shall be no pollution of the waters of Lake Arrowhead. 4. Lessee shall not use the leased premises nor any part thereof for residential or commercial purposes. Lessee may construct a fence on the leased premises at his own expense after receiving a permit from the Parks and Recreation Department. 5. Lessee shall not assign this lease, nor sublet the whole or any part of the said premises without the written consent of Lessor. If Lessor does agree to approve the proposed assignment of the leased premises, Lessor agrees to execute to Lessee' s purchaser or grantee, a new lease and to void Lessee ' s lease. Such new lease between Lessor and Lessee' s purchaser or grantee shall be of the same terms and conditions as the lease executed between Lessor and Lessee and shall be for the balance of the term of years originally granted Lessee. 6 . Lessee agrees to obey the rules and regulations established by the City of Wichita Falls governing the use of Lake Arrowhead. Lessee further agrees to abide by any additional rules and regula- tions promulgated by Lessor. Such rules and regulations governing the use of Lake Arrowhead are hereby expressly incorporated into this contract and made a part hereof. 7 . If Lessee fails to pay the prescribed rental within thirty days after its due date, Lessor may terminate this lease. If Lessee breaches any other covenant contained in this lease, and fails to remedy such breach within thirty days after having been given written notice by Lessor of such breach, Lessor may terminate this lease. 8. In addition to the above describe:' leased premises, Lessor agrees to execute a written permit to L ->csees Permitting Lessee to occupy and use the property between the 930 foot elevation and the 926 foot elevation (spillway elevation) . In exchange for the right of Lessee to occupy and use these premises, Lessee promises to release the Lessor from any possible liability from damage to these premises or to any structures located thereon caused by overflow and flooding. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose, and makes no representations as to the matter of whether or not the leased premises are subject to or may be overflowed, as this is a hazard assumed wholly by Lessee. -2- Lessor is not responsible for any latent defects in the leased premises. Lessee shall be solely responsible for any injuries incurred by Lessee, members of Lessee ' s family, or by any persons on the premises with Lessee ' s permission. 10 . It is understood and agreed that, in the event that Lessor should decide to use the land herein leased as a part of a future park, Lessor shall have the right to terminate this lease by giving Lessee written notice thereof not less than 120 days prior to such termination. In that event, Lessee shall remove his improvements from such leased premises. 11. The rights of Lessee shall be subject to any oil, gas and/or mineral lease Lessor may execute on this property. 12 . Lessor' s officers and employees shall have access over this land to Lake Arrowhead whenever they deem it necessary or expedient. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year set out above. CITY OF WICHITA FALLS, TEXAS Acting City Manager ATTEST: City Clerk Claude Draper rm FHA 442-10 FARMERS HOME ADMINISTRATION /� � �Z� — �� s-4-68) RIGHT—OF—WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That in consideration of One Dollar(S1.00) and other good and valuable consideration paid to r, the City of Mc}lita Falls and '6'r hereinafter referred to as GRANTOR, by 11'� .h1 a ��'[11 e�' 1l',1tC1- S111h1y Coil)oration hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant, bargain, sell, transfer, and convey unto the GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove notable Neater 1 ine r. � F� r•- r over, across, and through the land of the GRANTOR situate in _ l;'1C}lira County, ; State of Texas said land being described as follows: 39. S6 acre tract Out of Block 13, South Side Farms Subdivision as recorded In Volume 1323, Pa,e 848, Wicliita County Deed Records. low together with the right of ingress and egress over the adjacent lands of the GRANTOR, his successors and assigns, for the purposes of this easement. The easement shall be 1 S feet in width, the center line of which is described as follows: the centerline of the }pipeline ais laid. t s ;e consideration hereinabove recited shall constitute payment in full for any damages to the land of the GRANTOR, t' ° nrs successors and assigns, by reason of the installation, operation, and maintenance of the structures or improvements referred to herein. The GRANTEE covenants to maintain the easement In good repair so that no unreasonable damage will result from its use to the adjacent land of the GRANTOR, his successors and assigns. :_ The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this instrument this 11th day of April 19 83 -- Jkr use (SEAL) LINDAT140MAS Acting i� anager Notary Public,State of TmIS F4 Commission Expires D=22.17:... s �e F'�-7 ,,( �,E (SEAL) cro 91p-196 FHA 442-20 3-4-68) _ a ri is ° 3 3 +i St?aibAi6?I:f wU.A.WZa.+aa:rx SERVICE AGREEMENT AGREEMENT made this 11 day of April 1983 , 19, between, Wichita Valley Water Supply Corporation , a corporation organized under the laws of the State of Texas (hereinafter called the Corporation) and City of Wichita Falls (hereinafter called the Member) P.O. Box 1431 Wichita Falls, Texas 76307 W i tnesse the The Corporation agrees to sell and deliver water to the Member and Member agrees to purchase and receive water from the Corporation, in accordance with the bylaws and rules and regulations of the Corporation as amended from time to time by the Corporation. The Member shall pay the Corporation for service hereunder at the rates and upon the terms and conditions set forth in the rate schedule adopted from time to time by the Corporation's Board of Directors. The Board of Directors shall have the authority to sell the membership of any member in the event of nonpayment of any charges of assessments owing by said member within thirty (30) days after demand for payment by mail, properly addressed to such delinquent Member. The proceeds of any sale of membership over and above the amount due the Corporation shall be paid to the delinquent Member. In lieu of such sale of membership, the Board of Directors may purchase the membership on behalf of the Corporation at a price determined by the Board to be fair value of the membership, provided that in the event of either a sale of the membership or the purchase thereof by the Corporation the proceeds shall first be applied to the payment of any indebtedness due the Corporation by the delinquent Member. In the event the Member shall breach this agreement by (1) refusing or failing, without just cause, to connect to the Corporation's facility and use same as soon as the facility is available, or (2) refusing or failing, without just cause, to pay the minimum monthly water rate as established by the corporation, upon the occurrence of either of said events the Member agrees to pay the Corporation a lump sum of Three Hundred Dollars ($300.00) as liquidated damages. All water shall be metered by meters to be furnished and installed by the Corporation. The meter and/or connection is for the sole use of the member or customer and is to serve water to only one dwelling or only one business, and does not permit the extension of pipe or pipes to transfer water from one property to another, nor share, resell, or sub-meter water to any other persons, dwelling, business, property, etc. In the event the total water supply be insufficient to meet all of the needs of the Members, or in the event there is a shortage of water the Corporation may prorate the water available among the various Members on such basis as is deemed equitable by the Board of Directors, and may also prescribe a schedule of hours covering the use of water for garden purposes by particular Members and require adherence thereto to prohibit the use of water for garden purposes; provided that, if any any time the total water supply be insufficient to all of the needs of all Members, the Corporation must first satisfy all of the needs of all Members for domestic purposes before supplying any water for livestock purposes and must satisfy all the needs of the Members for both domestic and livestock purposes before supplying any water for garden purposes. The Member shall install at his own expense a service line from the meter to the point of use. Any additions from the existing water supply to the meter will be preformed at the Member's cost and once this line is laid it will become the property of the Corporation and to be maintained by the Corporation. Final inspection must be made by the Corporation before meter can be placed into use. All additions must be at a depth of at lease 30 inches on private easements secured by the new member and only P.V.C, class 200 plastic pipe used. The Member shall hold the Corporation harmless from any and all claims or demands for damage to real or personal property occurring from the point the Member ties on to the water meter to the final destination of the line installed by Member. The Member agrees to grant to the Corporation an easement of right-of-way for the purpose of installing, maintaining and operating such pipe lines, meters, valves, and any other equipment which may be deemed necessary for the Corporation on such form as is required by the Corporation. The Corporation shall have the right to locate water service meter and pipe necessary to connect the meter on the property of the Members at a point to be chosen by the Corporation, and shall have access to its property and equipment located upon Member's premises at all reasonable times for any purpose connected with or in the furtherance of its business operations, and upon discontinuance of service shall have the right to remove any of its property from the Member's premises. 4 -T Member Acting City Manager ACCEPTED AND APPROVED City of Wichita Falls , Texas President