Min 05/03/1983 161
Wichita Falls, Texas
Memorial Auditorium Building
May 3, 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 Councilman
Craig A. Wilson
Howard M. Morris
Horace 0. Boston
- - - - - - - - - -
The invocation was given by Gerry Nunley, Heritage Baptist Church.
Item 3
Moved by Councilman Thomas that minutes of the meeting held April 19, 1983,
be approved.
Motion seconded by Councilman Morris, and carried unanimously.
Moved by Councilman Thomas that minutes of the meetings held April 29 and
30, 1983, be approved.
Motion seconded by Councilman Morris, and carried unanimously.
Items 4a - 8d
Items 5a , 5b, 5d, and 8d were moved to the regular agenda.
Moved by Councilman Morris that the remaining items on the consent agenda
be approved.
Motion seconded by Councilman Boston.
Item 4a
ORDINANCE NO. 63-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT
WIDE, UNPAVED, NORTH-SOUTH ALLEY IN THE LITTEKEN ADDITION, WICHITA
FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT AND MAKING PROVISIONS
FOR VEHICULAR ACCESS IF FENCED.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris,
and Boston
Nays: None
ORDINANCE NO. 64-83
i AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF PLAZA
PARKWAY AND REQUIRING THE RELOCATION OF THE WATER AND SEWER LINES THEREIN.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris,
and Boston
Nays: None
Item 5c
RESOLUTION NO. 80-83
RESOLUTION APPROVING THE FIRST AMENDMENT OF THE TEXAS STAR AIRLINES
1 LEASE AT WICHITA FALLS MUNICIPAL AIRPORT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAME.
162
Item 5c, cont'd.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain lease amendment, a copy of which is attached hereto, from the
City of Wichita Falls to Texas Star Airlines increasing in size and relocating the
rental space in the Airport terminal building at Wichita Falls Municipal Airport
which is 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 6a
RESOLUTION NO. 81-83
RESOLUTION ACCEPTING INSTALLATION OF BALLFIELD LIGHTING AT WILLIAMS PARK.
WHEREAS, the City of Wichita Falls and Browning Electric, Inc. , as Contractor,
entered into a contract dated March 16, 1983, whereby the Contractor agreed to
install ballfield lighting at Williams Park; and,
WHEREAS, such installation has been completed in accordance with the plans
and specifications; and ,
WHEREAS, the contract price for such project was $9,950.00, none of which has
been paid to the Contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The installation of such ballfield lighting at Williams Park is hereby
accepted by the City of Wichita Falls, and the City Manager is authorized to pay
to the Contractor the contract price of $9 ,950.00.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris ,
and Boston
Nays: None
Item 7a
Authority was granted to advertise for bids for construction of improvements
to Lucy Park in Phase I of the Wichita River Greenbelt project.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris,
and Boston
Nays: None
Item 8a
Minutes of the meeting of the Planning Board held April 13, 1983, were received.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris ,
and Boston
Nays: None
Item 8b
Minutes of the meeting of the Board of Electrical Examiners held April 14, 1983,
were received.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris ,
and Boston
Nays: None
Item 8c
Minutes of the meeting of the Arts Commission held April 19, 1983, were received .
Ayes: Mayor Cook., Councilmen Swift, Thomas , Harper, Wilson, Morris ,
and Boston
Nays: None
163
Item 5a
J A proposed resolution was presented approving Change Order No. 1 to the
contract for water treatment plant improvements .
RESOLUTION NO. 82-83
RESOLUTION APPROVING CHANGE ORDER #1 , CONTRACT #1 , SECTION II,
WATER TREATMENT PLANT IMPROVEMENTS.
WHEREAS, the City of Wichita Falls and Rome Corporation as Contractor,
agreed to construct the Water Treatment Plant Improvements ; and,
WHEREAS, Change Order #1 , for extra work in the amount of $1 ,741 .00 has
been submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WICHITA FALLS, TEXAS,
THAT:
Change Order #1 , in the amount of $1 ,741 .00, is approved and the City
Manager is authorized to execute same for the City of Wichita Falls .
Moved by Councilman Wilson that Resolution No. 82-83 be passed.
Motion seconded by Councilman Boston.
Councilman Thomas had some questions on the amount of the price increase.
Jerry Gross, Acting Director of Public Utilities, stated that there have
been three change orders during the life of these two contracts. He explained
that one valve was changed. Dick Manahan, Assistant, stated that there were no
drawings on this . They found that where they had to put the valve in was an
8-inch line. The line was already there.
Councilman Swift asked if they put a 6-inch valve in an 8-inch line? Mr.
Manahan stated that they did. They had to fit the valve to the same material
that was there. Councilman Swift further asked if they restricted the 8-inch
line with a 6-inch valve? Acting City Manager Dane Bennett stated that they
did; however, there is already a 6-inch line that connects in it so it is
already restricted as to what can come through. Councilman Swift stated that
it seems unusual to him. Mr. Bennett stated that it seems you would not gain
anything by putting in the 8-inch valve. Jerry Gross stated that this was
looked at very carefully. They have recommended that this is the most
reasonable solution to the problem, and he saw no reason to question their
expertise. Mr. Bennett indicated that they would implement sore changes in
future documents.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris,
and Boston
Nays: None
Item 5b
RESOLUTION NO. 83-83
RESOLUTION APPROVING CHANGE ORDER #2, CONTRACT #1 , SECTION I,
WATER TREATMENT PLANT IMPROVEMENTS.
WHEREAS, the City of Wichita Falls and Brown-McKee, Inc. as Contractor,
agreed to construct the Water Treatment Plant Improvements ; and,
WHEREAS, Change Order #2, for extra work in the amount of $3,930.40 has
been submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WICHITA FALLS, TEXAS,
THAT:
Change Order #2, in the amount of $3,930.40, is approved and the City
Manager is authorized to execute same for the City of Wichita Falls.
164
Item 5b, cont'd.
Moved by Councilman Wilson that Resolution No. 83-83 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 5d
A proposed resolution was presented authorizing bid advertisement for sale of
2.54 acres of land bounded by Kessler, Santa Fe, and Kenesaw.
RESOLUTION NO. 84-83
RESOLUTION AUTHORIZI14G ADVERTISING FOR BIDS FOR SALE OF 2.54 ACRES OF
LAND BOUNDED BY KESSLER, SANTA FE AND KENESAW.
WHEREAS, the following two described tracts of land are owned by the City of
Wichita Falls, and they are not needed for public use, and the City Council finds
that such lands should be offered for sale to the general public under sealed bids .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The following two tracts of land, totaling 2.54 acres, shall be offered for
sale to the general public under sealed bids , after advertising the same as
required by the Texas statute, to-wit:
Said land is bounded by Kessler, Santa Fe, and Kenesaw streets in Wichita
Falls, and is described as follows:
FIRST TRACT:
1 .94 acres of land out of the L. Kertz Subdivision of Blocks C & D, Fairview
Addition to the City of Wichita Falls , said 1 .94 acre tract being described
be metes and bounds as follows:
Beginning 30 feet north 89 deg. 52' West of the northeast corner of Block C,
Fairview Addition to the City of Wichita Falls, Texas, GC and SFRR Survey
Abstract 257, for the northeast corner of this tract; thence, south along a
line, the east line of this tract, 350 feet to the north line of Kenesaw
Avenue, a stake, same being the southeast corner of this tract; thence,
along the north line of Kenesaw Avenue a bearing of north 89 deg. 52' West
a distance of 159.2 feet, a stake, the southwest corner of this tract, also,
a point in the east line of a 20 foot alley; thence, along the east line of
the 20 foot alley and the east line of Lot 1 as shown by the Plat of Record
by Mr. L. Kertz a bearing of north 25 deg. 9 ' West 367.2 feet to the north-
west corner of this tract a stake; thence, south 89 deg. 52' East 323.7 feet
to the place of beginning, containing 1 .94 acres of land.
SECOND TRACT:
Block 7, First Section, of the Westmoreland Park Addition to the City of
Wichita Falls, Texas, according to the Plat of said addition recorded in
Volume 3 at Page 74 of the Plat Records of Wichita County, Texas.
The second tract is subject to the restrictive covenant contained in the deed
from Westmoreland Park Company dated February 12, 1927, and recorded in Volume
274, Page 398, Wichita County Deed Records.
The sales shall be made subject to this restrictive covenant.
The deed to the property shall contain a condition that no use shall be made
of the property other than single family, one-story duplex or triplex residential
use or open space use such as a cemetery. No bid less than $35,000.00 shall be
considered.
Moved by Councilman Wilson that Resolution No. 84-83 be passed, changing the
minimum bid from $28,000 to $35,000.
165
Item 5d, cont'd.
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 8d
In reference to the Design Review Workshop minutes, Councilman Harper
wondered what has been done about food vending in the historic district? Roger
McKinney stated that they have checked with other cities , and they are working
with the Health Department in this regard.
Moved by Councilman Harper that minutes of the meeting of the Design Review
Commission Workshop held April 21 , 1983, be received.
Motion seconded by Councilman Boston, and carried unanimously.
Item 9a
A public hearing was opened on the Community Development Block Grant program
for fiscal year 1983-84.
David Brock, 1209 21st Street, read a statement taken from a study done by
the National Economic Development and Law Center in Berkley, California on
block grants. He stated that they have monitored block grants as they have been
administered by cities . Councilman Thomas asked Mr. Brock if he is saying this
is the case here? Mr. Brock stated that he feels we are heading in this direction.
He stated that we have not funded any program which helps people make ends meet.
He requested $5,000 for the Libra Foundation from these funds. He stated that
they are growing gardens for senior citizens and youth groups . Councilman Thomas
asked if the City had not already participated in this program? Mr. Brock stated
that they had, by plowing three gardens.
Mayor Cook confirmed that Mr. Brock is requesting $5,000 from the contingency
fund to fund an additional 200 homesite gardens and 10 community gardens.
Councilman Thomas asked if Libra Foundation is financially burdened, and if
this $5,000 is for this foundation? Mr. Brock stated that it is for the
gardening program of this foundation.
Councilman Wilson asked about funding guidelines for social services? Roger
McKinney stated that not more than ten percent can be used for social services.
Mr. Brock stated that only 9.3 percent has been spent. Councilman Wilson stated
that some of the percentages put on us are hard and fast. Also, that potholes
are not even eligible under our program. Mr. McKinney pointed out that last
year we also provided partial funding of Martin Luther King center coordinator.
We have discontinued it this year because it puts it above the 10 percent.
Kathy Webre appeared representing the Senior Citizens Service of North Texas.
She explained that James McDaniel and Frank Yates would be presenting their
requests for Community Development Block Grant funding.
James D. McDaniel , 4675 Bunny Run, appeared as a member of the House Council
of the Senior Citizens Red Door on Burnett Street. He requested funds to expand
the Red Door because they are outgrowing their facilities. They are requesting
them to consider a modification program for expanding these facilities. It will
take $60,000 to $75,000 for this project. They are now limited to the kind of
activities they can provide due to the lack of space. He stated that they will
in no way deface the historical landmark by these modifications at the Red Door.
He asked that they consider them in this modification.
Frank Yates appeared as President of the Board of Trustees for Senior
Citizens, Inc. . He spoke in favor of the emergency action response system to
maintain senior citizens in their home with some degree of security. It is a
communication system connected to a person 's home, with a base station to be
located in the Sheriff's Department. Someone will respond to these needs . The
County Commissioners have agreed to maintain and monitor this system in the
Sheriff's office. They will also pay for monthly service and equipment charges
for these two business lines. The start-up cost is $51 ,400. They are asking
166
Item 9a , cont'd.
the City of Wichita Falls for $5,000 in Community Development Block Grant funds
to help finance this request to provide emergency service for senior citizens in
their homes when they need it.
Councilman Thomas asked Mr. Yates if he had seen the system? Mr. Yates stated
that he had not seen it, but it is a very small unit, which can be attached to
their clothing, with a range of 200 yards . They can press the button and activate
the unit. If it is not reset, it will set off an alarm in 12 hours.
Councilman Swift asked if this proposal was presented in the recommendation
of the Planning Department? Roger McKinney stated that they were responding to
the original request of $40,000, which would be more than the ten percent. They
are now asking for $5,000.
Acting City Manager Dane Bennett asked if this would be a one-time contribution?
Kathy Webre stated that they have solicited and received funds from private sources.
They have also looked at the cost of a private system versus this type of system,
and they have found that there is not much difference in the cost of a private
system.
Councilman Wilson asked how much was for operating expenses? Mrs. Webre
stated that the operating budget was $5,000.
Mayor Cook asked about their request for Social Services? Mr. McKinney stated
that the physical improvement would not include social service.
James Henry appeared as minister of Sunnyside Baptist Church. He mentioned
that they had provided a warranty deed for 215 feet, 15 feet wide, for block grant
improvements . He mentioned material being hauled in.
Councilman Harper asked if this is on Sharon Lane, stating that this is
included in the block grant program.
Councilman Thomas asked why we would do this before it was paved? Mr. Bennett
stated that the road was quite boggy, and the purpose of putting this in was to
try to get it above the water level . Six to eight months ago they got all properties
deeded to the City so we could get it on a program. The cost of this project for
the Council to consider is $65,000. It is a very viable project, and if it is
passed it will be in the next year's program which starts in October. If we need
to we will go back and blade this street. Mr. Bennett stated that he will go out
and drive it.
An unidentified woman in the audience stated that the water drains from the
street into her front yard. A grader goes by twice a week and stirs up dust, but
not much is being done about the street.
The Council suggested that they meet with the staff to work something out.
Herb Tabor appeared, asking why the housing rehabilitation program was reduced?
Planning Director Roger McKinney stated that $230,000 is already available. They
feel that an additional $100,000 will carry us through 1983-84. This is about the
number of units we can rehabilitate next year. Mr. McKinney stated that it costs
about $10,000 per home, in excess of 30 homes. They have been averaging about
10 homes per year.
J. C. Boyd, Midtown Now, congratulated the Planning Department, City Manager
and staff, on this distribution of funds. They have followed the policy of the
Council to use this money for capital improvements, rather than for the operating
budget. He further stated that the Berkley report has nothing to do with Wichita
Falls. He spoke in favor of the Wichita River project, stating that he hopes the
Council will allocate $270,000 for this project. He stated that there seems to
be competition between the creek and the river. He stated that the river project
is one that can make the City some tax money.
The public hearing was closed.
Item 9b
Consideration was given to a project to be financed by Wichita County Industrial
Development Corporation for the HPR Partnership Project.
Councilman Harper refrained from participating in this discussion because of
a conflict of interest.
167
Item 9b, cont'd.
i
RESOLUTION NO. 85-83
A RESOLUTION APPROVING A PROJECT TO BE FINANCED BY WICHITA COUNTY
INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE
BONDS (HPR PARTNERSHIP PROJECT) SERIES 1983.
WHEREAS, the County of Wichita (the "Unit") has approved and authorized the
creation of the Wichita County Industrial Development Corporation (the "Issuer")
as a Texas nonprofit corporation, pursuant to the Development Corporation Act of
1979, as amended, Article 5190.6, Vernon 's Annotated Civil Statutes (the "Act") ,
to act on behalf of the Unit to promote and encourage employment and the public
welfare; and,
WHEREAS, the Issuer is authorized by the Act to issue its revenue bonds on
behalf of the County of Wichita for the purpose of paying all or part of the
costs of a "project" , as defined in the Act, and to loan the proceeds thereof to
finance all of part of the costs thereof; and,
WHEREAS, the Issuer, by resolution (the "Bond Resolution") adopted on April
28, 1983, has authorized the issuance and sale of its $550,000 Industrial Develop-
ment Revenue Bonds (HPR Partnership Project) Series 1983 (the "Bonds") and by the
Bond Resolution has also authorized a Loan Agreement with HPR Partnership (the
"User") wherein the Issuer agrees to issue and sell the Bonds to provide funds
to finance a certain commercial project of the User (the "Project") located within
the City and certain other agreements (collectively, the Loan Agreement and such
other agreements shall be referred to as the "Bond Documents") ; and,
WHEREAS, the Texas Industrial Commission 's Rules for Issuing Industrial
Revenue Bonds (the "Commission Rules") require, with respect to commercial
projects in "eligible blighted areas," the city that established the eligible
blighted area to approve projects located therein after posting notice and holding
a public hearing thereon; and,
WHEREAS, the Project is located within an eligible blighted area established
by the City; and,
WHEREAS, this City Council , after posting notice in accordance with law and
before the adoption of this Resolution, conducted a public hearing relative to
its approval of the Project pursuant to and in accordance with the Commission
Rules; and,
WHEREAS, this City Council intends, by adoption of this Resolution, to
approve the Project:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Section 1 . The City, acting through this City Council , hereby approves the
Project.
Section 2. The City, acting through this City Council , hereby finds,
determines and declares, but solely for its own purposes in performing its duties
under the Act and the Commission Rules that:
(a) The Project is located in an eligible blighted area designated by the
City and will contribute significantly to the fulfillment of the redevelopment
objectives of the City for such eligible blighted area;
(b) The Project conforms to the resolution adopted by the City Council of
the City, pursuant to the Act and the Commission Rules, designating the eligible
blighted area in which the Project is located; and,
(c) The Project is in furtherance of the public purposes of the Act.
Section 3. This Resolution shall take effect Ammediately from and after
its adoption.
Moved by Councilman Thomas that Resolution No. 85-83 be passed.
Motion seconded by Councilman Morris.
168
Item 9b, cont'd.
City Attorney H. P. Hodge reviewed the proposed resolution.
Councilman Thomas noted that this will only allow these companies to sell
bonds , and it will not involve the Council in anyway.
The public hearing was opened relative to consideration of the resolution.
No one desired to speak.
Moved by Councilman Morris that the public hearing be closed.
Motion seconded by Councilman Boston, and carried unanimously.
The motion for passage of Resolution 85-83 was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Wilson, Morris, and Boston
Nays : None (Councilman Harper abstained because of a conflict of interest. )
Item 9c
Consideration was given to the T. C. White and Company project to be financed
by Wichita County Industrial Development Corporation.
RESOLUTION NO. 86-83
A RESOLUTION APPROVING A PROJECT TO BE FINANCED BY WICHITA COUNTY
INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE
BONDS (T. C. WHITE & COMPANY, 1983-1 LIMITED PROJECT) SERIES 1983
WHEREAS, the County of Wichita (the "Unit") has approved and authorized the
creation of the Wichita County Industrial Development Corporation (the "Issuer")
as a Texas nonprofit corporation, pursuant to the Development Corporation Act of
1979, as amended, Article 5190.6, Vernon 's Annotated Civil Statutes (the "Act") ,
to act on behalf of the Unit to promote and develop manufacturing and commercial
enterprises to promote and encourage employment and the public welfare; and,
WHEREAS, the Issuer is authorized by the Act to issue its revenue bonds on
behalf of the County of Wichita for the purpose of paying all or part of the
costs of a "project", as defined in the Act, and to loan the proceeds thereof to
finance all of part of the costs thereof; and,
WHEREAS, on April 28, 1983 the Issuer adopted a Resolution Relating to the
Issuance of Development Revenue Bonds at the request of T.C. White & Company,
1983-1 Limited (the "User") wherein the Issuer agrees to issue and sell its
Industrial Development Revenue Bonds in an amount not expected to exceed
$4,500,000 (the "Bonds") to provide funds to finance a certain commercial project
of the User (the "Project") located within the City;
WHEREAS, the Texas Industrial Commission 's Rules for Issuing Industrial
Revenue Bonds (the "Commission Rules") require, with respect to commercial
projects i.n "eligible blighted areas ," the city that established the eligible
blighted area to approve projects located therein after posting notice and
holding a public hearing thereon; and,
WHEREAS, the Project is located within an eligible blighted area established
by the City; and,
WHEREAS, this. City Council , after posting notice in accordance with law and
before the adoption of this Resoluti.on, conducted a public hearing relative to
its approval of the Project pursuant to and in accordance with the Commission
Rules; and,
WHEREAS, this City Council intends, by adoption of this Resolution, to
approve the Project:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS :
Section 1 . The City, acting through this City Council , hereby approves the
Project.
169
r
j Item 9c, cont'd.
Section 2. The City, acting through this City Council , fereby finds,
determines and declares, but solely for its own purposes in performing its duties
under the Act and the Commission Rules that:
(a) The Project is located in an eligible blighted area designated by the
City and will contribute significantly to the fulfillment of the redevelopment
objectives of the City for such eligible blighted area;
(b) The Project conforms to -the resolution adopted by the City Council of
the City, pursuant to the Act and the Commission Rules , designating the eligible
blighted area in which the Project is located; and,
(c) The Project is in furtherance of the public purposes of the Act.
Seciton 3. This Resolution shall take effect immediately from and after
its adoption.
Moved by Councilman Thomas that Resolution No. 86-83 be passed.
Motion seconded by Councilman Morris.
City Attorney H. P. Hodge reviewed the resolution.
The public hearing was opened on the resolution. No one desired to be heard.
Moved by Councilman Morris that the public hearing be closed.
Motion seconded by Councilman Boston, and carried unanimously.
The motion for passage of Resolution No. 86-83 was carried by the following
vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris,
and Boston
Nays : None
Item l0a
y Robert Wesley, a Building Maintenance employee, was honored as Employee of
the Month for May. Mayor Cook presented him with a plaque and two tickets each
to a theatre and dinner.
Items 10b and 10c were deleted.
Item lla
A proposed ordinance was presented appropriating $51 ,000 for initial
acquisition of computer hardware and software for enhancement of data processing
services.
ORDINANCE NO. 65-83
AN ORDINANCE MAKING AN APPROPRIATION FROM THE FEDERAL REVENUE SHARING
FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Councilman Harper, for discussion, that Ordinance No. 65-83 be passed.
Motion seconded by Councilman Morris .
It was found by Chief Accounting Officer Fred Werner that Management by
Objectives would not be cost effective, and should not be integrated with the
basic management accounting function. These services are only being utilized by
the Police and Accounting/Finance Departments. This would extend it to all
directors.
Mayor Cook stated that the City did not have the proper tools for department
heads to make proper management decisions , and to alleviate time by employees
for manual calculations. Mr. Werner stated that it will provide the tools to
assist the managers.
170
lla, cont'd.
Councilman Swift stated that he had heard comments that various cities and
taxing units were overlapping. He asked if some of these could be combined?
Mr. Werner stated that he did not know if these political entities would be
willing to participate.
Jack Humphries, Data Processing Manager, stated that he had talked to the Tax
Appraisal District and the County Judge. The City has the capability and tech-
nology to do the work, but we cannot make their decisions . He does not know why
they chose not to use this service, but the city has the capability.
Councilman Wilson stated that he feels we should have a smooth and well -oiled
machine here before we embark on a larger scale. Mr. Humphries agreed. We
should get the software and get it operating smoothly before it goes out to them.
Mayor Cook stated that the County has not yet purchased a computer, and we
have started addressing some of the problems the County expressed. The Appraisal
District decision was made several years ago, and we had the capability at the
time the Appraisal District was established.
Mr. Humphries stated that what they are voting on today would allow them to
do more work. Many improvements have been made in technology.
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 repealing the entire Chapter 26 of the
Code of Ordinances regarding Kemp Public Library, and creating a library advisory
board.
ORDINANCE NO. 66-83
ORDINANCE REPEALING CHAPTER 26 OF THE CODE OF ORDINANCES IN ITS
ENTIRETY REGARDING KEMP PUBLIC LIBRARY AND CREATING A LIBRARY
ADVISORY BOARD.
Moved by Councilman Morris that Ordinance No. 66-83 be passed.
Motion seconded by Councilman Harper.
Acting City Manager Dane Bennett stated that he feels it would facilitate the
library for the chairman to be appointed by the Council . It would make sure that
the person had the same thinking as the Council . City Attorney H.P. Hodge
reworded Section 4 to make that change.
Moved by Councilman Wilson that the amendment to Section 4 be approved.
Motion seconded by Councilman Morris , and carried unanimously.
Councilman Harper stated that this ordinance will go a long way in bringing
our system up to where it needs to be. Councilman Wilson urged those people
interested to apply. Mr. Bennett stated that they are looking at an elevator
for the library
The ordinance, as amended, was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris ,
and Boston
Nays: None
Item 12a
A proposed resolution was presented amending the contract for dead animal
collection and disposal .
i
171
Item 12a, cont'd.
RESOLUTION NO. 87-83
RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT DATED SEPTEMBER 1 ,
1982 BETWEEN THE CITY OF WICHITA FALLS AND WICHITA COUNTY,
CONCERNING COLLECTION AND DISPOSAL OF DEAD ANIMALS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain First Amendment, a copy of which is attachLed hereto, to the
contract dated September 1 , 1982, between the City of Wichita Falls and Wichita
County, concerning the collection and disposal of dead animals in Wichita County,
is hereby approved, and the City Manager is authorized to execute the same for
the City of Wichita Falls.
Moved by Councilman Morris that Resolution No. 87-83 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 12b
A proposed resolution was presented approving a lease agreement with the
Texas Parks and Wildlife Department for a boat launching facility at Lake Arrowhead.
RESOLUTION NO. 88-83
RESOLUTION APPROVING AND AUTHORIZING THE ACTING CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH TP..E TEXAS PARKS AND WILDLIFE
DEPARTMENT FOR THE PROPOSED BOAT LAUNCHING FACILITY AT DEEP. CREEK
PARK AT LAKE ARROWHEAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHHITA FALLS, TEXAS,
THAT:
That certain least agreement, a copy of which is attached hereto, between
the City of Wichita Falls and the Texas Parks and Wildlife Department for the
proposed boat launching facility at Deer Creek Park at Lake Arrowhead is hereby
approved, and the Acting City Manager is authorized to execute the same for the
City of Wichita Falls .
Moved by Councilman Harper that Resolution No. 88-83 be passed.
Motion seconded by Councilman Boston, 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 a contract with
Joe M. Nall and Associates for a water rate study for raw and treated water sold
to customer cities.
A motion was made by Councilman Harper, for discussion, that Resolution
No. 89-83 be passed.
Motion seconded by Councilman Wilson.
Councilman Wilson asked if it is possible for us to determine what the fees
will be? Chief Accounting Officer Fred Werner stated that this is primarily
engineering data. He suggested that Jerry Gross discuss this. To provide a
rate analysis requires more technical data than he has available.
172
Item 12c, cont'd.
Acting City Manager Dane Bennett stated that he fears for the legal scrutiny,
which we have faced in the past in this matter.
City Attorney H.P. Hodge stated that this study would go to all other entities
which we sell water to, and they are concerned that it be done properly, and if
it is done in-house there would be some question about the validity of it.
Jerry Gross, Acting Director of Public Utilities, stated that Joe Nall has
done several previous studies for us on water and sewer rates. He did a study
in 1980. He stated that he called Dallas , and while they had not used him, he
had been Director of Public Utilities in Dallas prior to that time. The City of
University Park was very satisfied with his services . They had used him in some
areas that they felt he was not as strong as he is in water and sewer rate making.
He stated that he is not uncomfortable that he is the most qualified to do this
study. He is knowledgeable of the city.
Councilman Thomas asked if our utility department does not have an idea of
what it would cost? Mr. Gross stated that they do not have the capability to do
this work.
Councilman Wilson questioned the soundness of some of his basic assumptions
in the gas rate study. He would hope that he would do a better job on this.
Mr. Gross stated that there has been a decrease in revenue, as opposed to an
increase in revenue of 17.9 percent, as assumed by Mr. Nall . Councilman Wilson
stated that if you start on an invalid assumption, there is no way you will come
up with accurate information.
Mayor Cook stated that some lawsuits have been filed in these rate cases.
Mr. Gross noted that not all cities entered into this memorandum of agreement
for raw and treated water. The Holliday case is pending right now. We are
billing them at new rates, but they are paying at the old rates .
Mayor Cook stated that he does not support outside consultants for everything,
and he questions Mr. Nall , but he does not feel we have the capability of producing
this rate without some question.
Councilman Thomas asked if there is anyone else who can do this? Mr. Bennett
stated that under the circumstances he feels this is the most economical route
we can take because he has the data base. He is not necessarily supporting him.
Councilman Harper asked if the Council will be able to see the assumptions he
is making as he progresses? Mr. Gross stated that he would require that of Mr.
Nall . Expansion of water treatment facilities will be taken into consideration.
It also includes cost of capital equipment.
Councilman Harper also felt that we should tie down this agreement better.
What does his out-of-pocket expenses include? We also need to define "lengthy".
Mr. Gross stated that out-of-pocket expenses include motel , telephone, meals,
and out-of-town travel . Councilman Harper emphasized that "lengthy hearings"
does not mean anything to him. He suggested that out-of-pocket expenses be
defined as out-of-town travel . We proposed to take the hearings part out of
his contract, and renegotiate it on an hourly rate.
Councilman Swift suggested that it be eliminated completely. This will just
open the door for him to get to us more.
Moved by Councilman Swift that the last paragraph of the Resolution be
amended to eliminate all wording following $10,000, and that a period be placed
after $10,000.
Motion seconded by Councilman Swift, and carried unanimously.
RESOLUTION NO. 89-83
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH JOE M. NALL
AND ASSOCIATES, INC. FOR A WATER RATE STUDY FOR RAW AND TREATED WATER SOLD
TO CUSTOMER CITIES.
WHEREAS, the last rate increase for water services provided to the raw water,
treated water and transmitted treated water customers of the City (excluding the
distribution customers within the City) was in late 1981 ; and,
I
173
Item 12c, cont'd.
WHEREAS, since that time, operating and production costs have increased and
the City of Wichita Falls has borrowed money through a bond issue to make
improvements to the water system; and,
WHEREAS, the City desires to hire the firm of Joe M. Nall and Associates ,
Inc. , to conduct a water rate study to determine the service cost and the
necessary rates that must be charged to recover the cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager is authorized to sign a contract with Joe M. Nall and
Associates for the said rate study. The amount to be paid to the Consulting
Engineer shall not exceed $10,000.
The motion for passage of Resolution No. 89-83, as amended, was carried by
the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris ,
and Boston
Nays: None
Item 12d
A proposed resolution was presented on Change Order No. 4 to the contract
with Hambrick-Craig on the transfer station.
RESOLUTION NO. 90-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 4 TO THE CONTRACT WITH HAMBRICK-CRAIG GENERAL
CONTRACTORS, INC . FOR CONSTRUCTION OF THE SOLID WASTE TRANSFER STATION.
WHEREAS, the City of Wichita Falls and Hambrick-Craig General Contractors ,
Inc. , as Contractor, entered into a contract dated August 18, 1981 , for the
construction of a solid waste transfer station; and,
WHEREAS, it is deemed advisable to make certain changes in this contract,
deleting finish on certain structural steel , changing weather stripping on
certain doors , installing surface bolts on certain doors , and installing bollards
to protect exposed three inch water line, which changes will result in a net
decrease of $1 ,207.00 in the contract price, and will increase the time for
completion of the contract by sixteen calendar days.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Such Change Order No. 4, a copy of which is attached hereto, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls .
Moved by Councilman Morris that Resolution No. 90-83 be passed.
Motion seconded by Councilman Boston.
Councilman Thomas asked if this is engineering or architecture?
Kevi.n Walls, with Hensington, Durham, Richardson Corporation , stated that
there are four changes on the change order. One is structural steel . Some of
it had to be done to meet specifications. The weather stripping detail was
changed. Surface bolts were installed for a locking area. They also need to
encase a water line that might be hit by a front end loader in the facility.
This is a maintenance item to protect the water line. He stated that he was
pleased with the $2,000 credit, and with the facility.
Councilman Harper stated that he had looked at this. He believes we should
look to someone else (the engineering firm) to pay the $200 for weatherstripping,
and to the plumber for the $387.00 on the water line.
174
Item 12d, cont'd.
r
Mr. Walls stated that this extended the contract 16 days , with a completion
date of May 10. He stated that liquidated damages will start on May 11 . The
original completion date of the contract was April 24.
Councilman Harper stated that generally the consultant is left with the
recommendation of determining extension of contracts .
Councilman Swift wondered if this credit could not be interpreted as 16
additional days to complete the job so that they will not have to pay liquidated
damages . Mr. Wells stated that HDR determined that 16 days was appropriate. The
contractor asked for 22 days. The contractor is aware that May 10 is the last
day of the contract.
Councilman Harper again suggested that the City Attorney and City staff get
with Mr. Walls to determine where the $200 and $387 should come from. He does
not feel the City should pay for this. The City will negotiate for reimbursement.
John Pruitt, with HDR, explained the relocation of the water line. It was
not so much a design error or contractor's error. In regard to the weatherstripping,
the color change is necessary so that there is not a contrast to the door frame.
He stated that this is an oversight on HDR's cost. HDR recognizes this, and will
resolve it. If we renegotiate a change order it could have a direct affect on the
money and time frame, and they could not complete it by May 10.
Councilman Harper stated that after Mr. Pruitt's explanation, he believes the
$387.00 is also an engineer's problem. Mayor Cook suggested that we withhold
payment of $587.00 to the engineer, and let Councilman Harper and Acting City
Manager Dane Bennett resolve this matter.
Mr. Pruitt stated that the change order reflects a change order to the
contractor. The City will renegotiate the $587.00 with HDR. He would like to
renegotiate with the contractor.
Mayor Cook stated that the contractor will not be affected at all with this
decision, but Councilman Harper and Mr. Bennett will renegotiate with HDR on
where the $587.00 will come from.
Councilman Harper emphasized that every change order that comes before the
Council will be highly scrutinized.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris ,
and Boston
Nays: None
Item 12e
RESOLUTION NO. 91-83
RESOLUTION APPROVING CONTRACT WITH NORTH CENTRAL TEXAS MEDICAL FOUNDATION
CONCERNING ZALES HEALTH SCIENCE CENTER.
WHEREAS, the North Central Texas Medical Foundation is planning to construct
a facility which will provide space for Wichita Falls Family Practice Residency
Program, the Family Health Center, a regional health science library, and
administrative offices of the North Central Texas Medical Foundation, and possibly
other medical and health services, and the City is acquiring and furnishing the
real property on which the facility will be located; and,
WHEREAS, in addition to furnishing the real property, the City is providing
funds for public utility relocations and adjustments and construction of a public
parking lot at the facility, provided that the total expenditure of City shall
not exceed $250,000.00, which is being provided out of Community Development Block
Grant funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
P
175
I
Item 12e, cont'd.
SECTION 1 . That certain agreement, a copy of which is attached hereto,
between the City and such Medical Foundation which sets out the agreement of
each party with regard to this project, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
SECTION 2. With regard to the conveyance of the properties by the City to
the Medical Foundation, as provided for in such contract, the Ci�y Manager is
authorized to execute such deed or deeds for the City of Wichita Falls . Part
of this property has already been acquired by the City, and the City is in the
process of acquiring the balance of the property; the City Manager may execute
deeds to each part of the property as it is acquired by the City.
Moved by Councilman Thomas that Resolution No. 91-83 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 12f
RESOLUTION NO. 92-83
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE A
CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH FOR THEIR PROVIDING
FUNDS FOR THE SALARY OF ONE NURSE II .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Certain contract, a copy of which is attached hereto, between the City of
Wichita Falls and the Texas Department of Health, whereby such Department shall
provide funds for the salary (which shall not include fringe benefits) of one
Nurse II is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
Moved by Councilman Harper that Resolution No. 92-83 be passed.
Motion seconded by Councilman Thomas .
Mr. Bennett explained that it will cost $1 ,600 for the remainder of the year.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris,
and Boston
Nays: None
Item 13a
RESOLUTION NO. 93-83
RESOLUTION TO ACCEPT BURROUGHS CORPORATION BID FOR ONE (1 ) IMPRINTER/
DETACHER, MODEL T7010 AND TO ACCEPT THE TRADE-IN OFFER FOR THE
EXISTING MOORE BUSINESS FORM, INC. IMPRINTER/DETACHER.
WHEREAS, replacement of existing Imprinter/Detacher equipment was planned,
programmed, and budgeted for FY 82/83; and,
WHEREAS, the Burroughs Corporation was the low responding bidder; and,
WHEREAS, sufficient funds are available for this acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
176
Item 13a, cont'd.
The Acting City Manager is authorized to accept the trade-in allownace of
$1 ,157.25, to dispose of existing Imprinter/Detacher equipment, to enter into a
contract with the Burroughs Corporation for a new Imprinter/Detacher Model T7010,
bid price of $7,757.00 minus the trade-in allowance of $1 ,157.25 or a net price
of $6,599.75.
Moved by Councilman Wilson that Resolution No. 93-83 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 14a
Councilman Harper stated that they have been trying to secure a change in
the fire district in downtown Wichita Falls . There are a lot of things in
Wichita Falls that this is causing a problem with because it is antiquated. He
requested that a new variation of the fire district ordinance be brought to the
Council for consideration.
Councilman Wilson also asked for a resolution to broaden the definition of
blighted area to include the whole city so that they may get the benefit of
bonds available in this program.
Item 14b
The City Council recessed at 11 :06 A.M. for executive session pursuant to
Article 6252-17, Paragraph (g) , of the Revised Civil Statutes .
The meeting resumed at 2:30 P.M.
Item 14c
Moved by Councilman Morris that the following be appointed to the Airport
Zoning Board of Adjustments for two-year terms beginning May 3, 1983 to May 3,
1985: Preston Giles, Glenn Weeks, Lawrence W. Haymes, Robert Haley, and Don
Oliver.
Motion seconded by Councilman Wilson, and carried unanimously.
Moved by Councilman Morris that the following be appointed to the Arts
Commission for two-year terms from April 30, 1983 to April 30, 1985: Troy Jensen
(re-appointed) , Dr. June Kable, Henry Dvorken, Ray Breault, and Cathryn Whaling.
(replacing Estes, Hindman, Sanders and Muehlberger)
Motion seconded by Councilman Boston, and carried unanimously.
Moved by Councilman Morris that Homer Ann Hooper be appointed to the Mayor's
Commission on the Status of Women for a term from May 3, 1983 to September 30,
1984. (replacing Peggy Wyncoop)
Motion seconded by Councilman Harper, and carried unanimously.
Moved by Councilman Morris that Joe Tom White be appointed to the Park Board
for a term from May 3, 1983 to December 31 , 1983. (replacing Phil Ruiz)
Motion seconded by Councilman Thomas , and carried unanimously.
Moved by Councilman Morris that Ray Hatcher be appointed to the Plumbing
Advisory Board for a term from May 3, 1983 to May 31 , 1985. (replacing Wilfred
Welch)
Motion seconded by Councilman Thomas , and carried unanimously.
i
177
Item 14d
Moved by Mayor Cook that Howard Morris be appointed Mayor Pro tem.
Motion seconded by Councilman Harper, and carried unanimously.
Moved by Councilman Morris that the following council members be appointed
as liaison to board as listed.
a. Arts Commission - Howard Morris
b. Aviation Advisory Board - Charles Thomas
c. Board of Adjustments and Appeals - Airport Zoning - Thomas Swift
d. Board of Electrical Examiners - Charles Harper
e. Board of Trustees - MHMR - Horace Boston
f. Board of Health - Horace Boston
g. Traffic Safety Council - Charles Thomas
h. Clean Community Commission - Charles Harper
i . Design Review Commission - Howard Morris
j . Human Relations Commission - Charles Harper
k. Mayor's Commission on Status of Women - Thomas Swift
1 . Motor Vehicle Junk Yard Commission - Charles Thomas
m. Nortex Executive Committee - Gary Cook and Craig Wilson
n. Nortex General Member - Thomas Swift, Charles Harper, and Horace Boston
o. Planning Board - Thomas Swift
p. Plumbing Advisory Board - Charles Thomas
q. Policy Board - Urban Transportation - Craig Wilson
Motion seconded by Councilman Wilson, and carried unanimously.
Item 14e
Mayor Cook stated that consideration of a city manager will not be
addressed. The Council will meet again on Monday, May 9, at 8:00 A.M.
Acting City Manager Dane Bennett stated that Item 12d needs to be taken
care of today. He stated that there is a strip of very unstable soil that had
to be replaced with reinforced concrete. The contractor also had indicated 22
days of abnormal work days. They have had quite a bit of problems with the road.
He suggested that we delete Items 2 and 4 on the Change Order, and the sum be
changed to show $1 ,794.00 credit to the City, and extend the contract to May 16.
Moved by Councilman Harper that we reconsider Resolution 90-83 previously
passed.
Motion seconded by Councilman Morris, and carried unanimously.
John Pruitt stated that he spoke with Howard Watson of Hambrick-Craig. It
is obvious that the contract cannot be completed by May 10. The Change Order
was initiated April 8. A letter from the contractor requested a 22-day
extension. It is obvious after today that it will not happen. Because of
additional construction on the job, they did not realize they could not complete
the contract.
Moved by Councilman Harper that Resolution No. 90-83 be amended to change
the completion date to 22 days , and adjust the decreased contract price to
$1 ,794.00, and the total contract price to $1 ,999,186 , and that the contract be
extended to May 16 on the change order.
Motion seconded by Councilman Morris.
Councilman Harper stated that he would hope that what happened here is not
what it appears; that the contractor bought six more days for $600.00.
The motion was carried unanimously.
178
City Attorney H.P. Hodge mentioned that on Item 12e, Page 5 of 7, the last
sentence on the page should be completed by adding the phrase "six months from
date of this contract. "
Moved by Councilman Morris that this amendment be approved.
Motion seconded by Councilman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Morris ,
and Boston
Nays: None
The City Council adjourned at 2:45 P.M.
PASSED AND APPROVED this day of 1983.
r k, Mayor
ATTEST:
' r
Wilma J. Thomas , CMC, City Clerk
AGREEMENT BETWEEN CITY OF WICHITA FALLS
AND NORTH CENTRAL TEXAS MEDICAL FOUNDATION
r
This agreement made and entered into this the 3rd day of
May, 1983, by and between the City of Wichita Falls, Texas (herein-
-..-. _ ....
after called "City") and North Central Texas Medical Foundation
(hereinafter called "Medical Foundation") ,
WITNESSETH:
WHEREAS, City desires to assist Medical Foundation in construct-
ing a facility to be used as a Health Science Center, which Center
will be located on Lots 1 through 10, Block 241, Original Townsite
of the City of Wichita Falls. City currently owns a portion of
this property, and is in the process of acquiring the balance of
the property.
NOW, THEREFORE, for and in consideration of the mutual covenants
herein contained, the parties hereto do hereby agree as follows:
1. City agrees to convey to Medical Foundation such Lots 1
through 10, Block 241, Original Townsite.
2. City agrees to remove any structures from such property.
3. City shall pay to Medical Foundation funds to cover the
costs of necessary public utility relocations and adjustments,
and the cost of a public parking lot on the site; provided, however,
that in no event shall the total costs expended by City for
acquisition of the property, relocation of occupants, removal of
structures, public utility relocations and adjustments, and construction
of the public parking lot exceed the sum of $250,000.00.
4. Medical Foundation agrees to construct a facility containing
approximately 10,000 to 16,500 square feet, at a cost of at least
$800,000.00. This facility will provide space for the Wichita
Falls Family Practice Residency Program and other health services,
including as a minimum the Family Health Center, a regional health ,'"
science library, and administrative offices of the North Central -
Texas Medical Foundation. Medical Foundation shall commence actual
construction of such facility no later than six months from date of
this contract.
y
ft
�.
5. Medical Foundation further agrees to provide reasonable
medical services to the residents of Midtown Manor.
6. It is understood that a construction loan will be made
for the construction of the facility, and the construction lender
will have a first lien on the property to secure such loan. In
the event Medical Foundation should default on such loan, and the
construction lender forecloses its first lien, the proceeds from
the foreclosure sale shall first be used to pay in full the
construction loan; next, the City shall be paid the amount of its
total expenditures and investment in such property; any balance
of the proceeds remaining shall become the property of Medical ��
_ s -
Foundation. If and when Medical Foundation pays off the construction
loan in full, all of City's interest in the property shall terminate.
7. In the event that Medical Foundation does not commence
construction of the facility within the time specified above, the
title to the property shall revert to City, subject to repayment by
City to Medical Foundation of any money expended by it on improvements
to the property.
8. After Medical Foundation has acquired the title to all
_ r _
the property from City, it shall replat such property in accordance
with City's Subdivision Ordinance.
9. The funding of this agreement in no way commits City to
any further funding. Any future funding will be negotiated by
City and Medical Foundation as a separate issue. -
10. With regard to the expenditure of funds paid by City
to Medical Foundation for public utility relocation and adjustments
and the public parking lot, Medical Foundation shall comply with {`
all rules, regulations and guidelines issued by the Department of
Housing and Urban Development in the construction of such improve-
ments.
11. At any time during normal business hours, as often as ,.
City or the Department of Housing and Urban Development may deem
necessary, Medical Foundation shall make available to City or
such Department for examination all of its records with respect
to the public utility relocation and adjustments and the
construction of the public parking lot, and will permit City or
such Department to audit, examine and make excerpts or transcripts
from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment
and other data relating to such public utility relocation and
adjustments and construction of the public parking lot.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first set out
above.
CITY OF WICHITA FALLS, TEXAS
By: _
City Manager
ATTEST:
City Clerk ?
NORTH CENTRAL TEXAS MEDICAL
FOUNDATION
By:
ATTEST:
- 3 -
�• • S'1'k'fF. OF TEXAS /Gem
COUNTY OF TRAVIS
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY
acting through its Deputy Commissioner for Management and Administration and
Wichita Falls-Wichita County Health_ Department
(Name of PERFORMING AGENCY)
a(n) Local Government
(Type of Organization)
(designate individual, corporation, partnership, non-profit organization, city,
county, council of governments, special purpose district, etc.), hereinafter
referred to as PERFORMING AGENCY, acting through
Dane J. Bennett its
(Name of Person Authorized to Sign Contracts) (Title of Person
Acting City Manager mutually agree as follows:
Authorized to Sign Contracts)
ARTICLE 1 . Scope of Work
The PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work
which is/are hereby incorporated and made a part of this contract as
Attachment(s) 1 , 2 , plus additional Attachments which may be
added from time to time during the contract period as hereinafter provided.
ARTICLE 2. Terms
The term of this contract shall be from February 1 , 1983 through
September 30, 1983 No commitment of contract funds is permitted
prior to the first day of the contract term nor subsequent to the last day of
the- contract term.
ARTICLE 3. Applicable Laws and Standards
The RECEIVING AGENCY will comply with the requirements set forth in the enabling
Federal legislation, Section 314(d), Public Health Service Act, Title V, Social
Security Act, and the Omnibus Reconciliation Act of 1981, and with the
Department of Health and Human Services final regulations on block grants, and
all other Federal regulations applicable to Federal funding.
This contract shall be governed by the laws of the State of Texas.
The PERFORMING AGENCY agrees that the Uniform Grant and Contract Management
Standards (UGCMS), Article 4413, Section 32g, V.A.C.S., issued by the Governor's
Budget and Planning Office will apply as terms and conditions of this contract,
and the standards are adopted by reference in their entirety. If there is a
conflict between the provisions of this contract and the Uniform Grant and
} Contract Management Standards, the provisions of the Uniform Grant and Contract
Management Standards will prevail unless expressly stated otherwise. A copy of
this manual and its references are provided to you by the Texas Department of
Health.
ARTICLE 4. Compensation and Payment
For services satisfactorily performed pursuant to the Scope(s) of Work, the
PERFORMING AGENCY shall be reimbursed by the RECEIVING AGENCY in an amount not
to exceed the total of all Budgets which are attached hereto. Allowable
reimbursable costs shall be only as outlined in the Budgets, which are hereby
made a part of this contract as Attachments.
1
The PERFORMING AGENCY will not bill the RECEIVING AGENCY for any costs under
this contract which have also been billed or should have been billed to any
other funding source.
Costs claimed for reimbursement must be substantiated. If equipment is to be
purchased, purchasing will be made through the State purchasing procedures.
The PERFORMING AGENCY shall submit certified vouchers for reimbursement
according to the procedures set out in Article 25 hereof. At the close of each
quarter, a signed expenditure report, the format of which is in the UGCMS, must
be submitted. The voucher and expenditure report shall reflect the total
allowable costs incurred and revenue received during the preceding period. All
revenues received from the delivery of contract services shall also be
identified.
ARTICLE 5. Funding
This contract is contingent upon Federal funding being available for the term in
question and PERFORMING AGENCY shall have no right of action against the
RECEIVING AGENCY in the event that the RECEIVING AGENCY is unable to perform its
obligations under this contract as a result of the suspension, termination,
withdrawal, or failure of funding to the RECEIVING AGENCY or lack of sufficient
funding of the RECEIVING AGENCY for this contract. If such funds become
unavailable, or if the total amount of funds allocated for this contract should
become depleted during any contract budget period, and the RECEIVING AGENCY is
unable to obtain additional funds for such purposes, then this contract will be
terminated.
The PERFORMING AGENCY will use such funds that become available and that are
allocated to them for the purpose of supplementing the PERFORMING AGENCY ' S
budget. These funds will in no event supplant such State, local, and other non-
Federal funds. The PERFORMING AGENCY will increase the public health activities
in its jurisdiction.
ARTICLE 6. Grant-Related Income
All grant-related income shall be retained by the PERFORMING AGENCY and: (1) be
used by the PERFORMING AGENCY for any purposes which further the objectives of
legislation under which the contract was made and be deducted from total project
costs, or (2) be deducted from total project costs, according to the
departmental policy interpreting UGCMS, a copy of which is provided as
supplementary material to the UGCMS manual.
ARTICLE 7. Records
The PERFORMING AGENCY will have a system in effect to protect from inappropriate
disclosure patient records maintained by them in connection with the activities
funded under this contract.
ARTICLE 8. Reports and Inspections
The PERFORMING AGENCY shall make financial, program, progress, and other reports
as requested by the RECEIVING AGENCY in the format agreed to by the parties
hereto and will arrange for onsite inspections by the RECEIVING AGENCY. The
PERFORMING AGENCY shall participate fully in any required evaluation study of
this program.
ARTICLE 9. Audit of Records
The PERFORMING AGENCY agrees that the RECEIVING AGENCY, DHHS, the Comptroller
General of the United States, or any of their duly authorized representatives
shall have access to any pertinent books, documents, papers, and records of the
PERFORMING AGENCY for the purpose of making audit, examination excerpts, and
transcripts of transactions related to the contract. The RECEIVING AGENCY shall
have the right to audit billings both before and after payment. Payment under
this contract shall not foreclose the right of the RECEIVING AGENCY to recover
excessive or illegal payments.
2
Financial records, supporting documents , statistical records, and all other
pertinent records shall be retained for a period of three (3) years after the
date• expenditures are roported under this contract.
If audit by or on behalf of the Federal government has begun but is not
completed at the end of the three-year period, or if audit findings have not
been resolved at the end of the three-year period, the records shall be retained
until resolution of the audit findings.
ARTICLE 10. Amendments
The RECEIVING AGENCY will submit a revised budget to the PERFORMING AGENCY
either increasing or decreasing the amount of funds allocated at such times that
additional funds become available or at such times that funds must be withdrawn.
The original budget and revisions thereto become a part of this contract and are
subject to all of the terms and conditions of this contract.
This contract shall not be altered, changed, or amended except by instrument in
writing executed by authorized officials of the patties hereto as set forth
below:
Hermas L. Miller
FOR RECEIVING AGENCY Deputy Commissioner for Management and Administration
(and/or)
FOR PERFORMING AGENCY:
(and/or) :
This contract may be amended by the addition of Attachments containing
additional Scope of Work and Budgets related to same, such Attachments to be
duly executed by the parties as hereinabove provided.
ARTICLE 11 . Property and Supplies
Title to all property furnished by the RECEIVING AGENCY shall remain with the
RECEIVING AGENCY.
Title to the RECEIVING AGENCY 'S property shall not be affected or lose
its identity by reason of affixation to any realty or attachment at law.
The PERFORMING AGENCY shall maintain a property and supplies inventory and
administer a program of maintenance, repair, and protection of the RECEIVING
AGENCY ' S assets so as to assure its full availability and usefulness for
performance under this contract.
In the event the PERFORMING AGENCY is indemnified, reimbursed, or otherwise
compensated for any loss or destruction of, or damage to, the RECEIVING AGENCY'S
assets during the period of this contract, it shall use the proceeds to repair
or replace the RECEIVING AGENCY'S assets.
Upon termination of the relationship of the parties, the PERFORMING AGENCY shall
return all property and unused supplies to the RECEIVING AGENCY in good order.
ARTICLE 12. Discrimination Prohibited
No person in the United States shall on the grounds of race, creed, color,
handicap, age, ability to pay, sex, or national origin be excluded from
participation in, be denied the proceeds of, or be subject to discrimination in
the performance of this contract. The AGENCIES will comply with the regulations
promulgated by the Secretary of DHHS, with the approval of the President of the
United States, pursuant to Title VI of the Civil Rights Act of 1964 (45 CFR Part
80).
3
In addition, the PERFORMING AGENCY 'shall comply with the provisions of the
Rehabilitation Act of 1973, Public Law 93-112, Section 504, which ensures that
no individual "shall , solely by reason of handicap, be excluded from the
participation in, be denied the benefits of, or be subject to discrimination in
this program."
ARTICLE 13. Equal Employment Opportunity
During the performance of this contract, the PERFORMING AGENCY shall not
discriminate against any employee or applicant for employment because of race,
color, age, religion, sex, national origin, or handicap. The PERFORMING AGENCY
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this clause. All
solicitations or advertisements for employees placed by or on behalf of the
PERFORMING AGENCY shall state that all qualified applicants will receive
consideration without regard to race, color, age, religion, sex, or national
origin. The PERFORMING AGENCY shall comply with all provisions of Executive
Order 11246, dated September 24, 1965, and all relevant rules, regulations, and
orders of the Secretary of Labor.
ARTICLE 14. Political Activity
None of the funds, materials, property, or services contributed by the AGENCIES
under this contract shall be used in the performance of this contract for any
partisan political activity or to further the election or defeat of any
candidate for public office. In addition, none of the funds reimbursed under
this contract shall be used to pay the salary or the expenses of anyone engaged
in any activity designed to influence legislation or appropriation pending
before Congress.
ATICLE 15. Clean Aii and Water Acts
The PERFORMING AGENCY agrees to comply with all applicable standards, orders,
and regulations issued pursuant to the Clean Air Act of 1970
(4? USC 1857 et seq.) and the Federal Water Pollution Control Act
(33 .USC 1251 et seq. ) as amended.
ARTICLE 16. Energy Efficiency
The PERFORMING AGENCY agrees to recognize mandatory standards and policies
relating to energy efficiency which are contained in the State energy
conservation plan issued in compliance with the Energy Policy and Conservation
Act (Public Law 94-165) .
ARTICLE 17. Release
The PERFORMING AGENCY, upon final payment of the amount due under this contract,
releases the RECEIVING AGENCY, its officers and employees, and the Department of
Health and Human Services from all liabilities, claims, and obligations
whatsoever arising from or under this contract. The PERFORMING AGENCY agrees
not to purport to bind the RECEIVING AGENCY to any obligations not assumed
'. herein by the RECEIVING AGENCY, unless the PERFORMING AGENCY has expressed
written authority to do so, and then only within the strict limits of that
authority.
ARTICLE 18. Publication and Publicity
The PERFORMING AGENCY may publish results of its functions and participation in
the approved program with prior review by the RECEIVING AGENCY and approval in
writing by the RECEIVING AGENCY provided that such publications acknowledge that
the program is supported by funds granted by DHHS and the furnishing of five (5)
copies of each such publication to DHHS, plus such copies to the RECEIVING
AGENCY as the RECEIVING AGENCY may reasonably require.
4
ARTICLE 19. Patents and Inventions
Any discovery or invention arising out of or developed in the course of work
aided by this contract shall be promptly and fully reported to the RECEIVING
AGENCY and to the Secretary of DHHS for determination of whether patent
protection on such invention or discovery shall be sought and how the right in
the invention or discovery, including rights under any patent issued thereon,
shall be disposed of and administered, in order to protect the public interest.
ARTICLE 20. Copyrights
If this contract results in a book or other copyrightable material, the Author
is free to copyright the work, but DHHS reserves a royalty-free nonexclusive and
irrevocable license to reproduce, publish, or otherwise use, and to authorize
others to use, all copyrighted material and all material which can be
copyrighted resulting from this contract.
ARTICLE 21. Conflict of Interest
The PERFORMING AGENCY warrants that it presently has no interest as set out in
45 CFR Part 162, Code of Conduct, and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of
services required under this contract.
ARTICLE 22. Severability
If any provisions of this contract shall be construed to be illegal or invalid,
it shall not affect the legality or validity of any of the other provisions
hereof, and the illegal or invalid provision shall be deemed stricken and
deleted herefrom to the same extent and effect as if never incorporated herein,
but all other provisions shall continue.
ARTICLE 23. Scope of Agreement
The terms of the Letter of Agreement between the Texas Department of Health and
this Local Health Department shall apply to the funds under this contract. This
contract incorporates all of the agreements, covenants, and understandings
between the AGENCIES hereto concerning the attached budgets, and all such
covenants, agreements, and understandings have been merged into this written
contract. No prior agreement or understanding, oral or otherwise, of the
AGENCIES or their agents shall be valid or enforceable unless embodied in this
contract.
ARTICLE 24. Cumulative Clause
This contract replaces and supercedes all other existing contracts, if any,
between the parties hereto as to the Scope(s) of work included herein for the
period covered by this agreement, and the total amount of this contract includes
funds already expended during the contract period pursuant to the contracts
which are hereby superceded.
imp-
ARTICLE 25. Financial Reporting Requirements
The following prescribes uniform reporting procedures for the PERFORMING AGENCY
to:
1. Summarize expenditures and unexpended funds for each contract;
2. report the status of approved cash advance;
3. request advances and reimbursements; and
4. promulgate standard forms incident thereto.
5
Cost Reimbursement Method:
Monthly, or as needed
The PERFORMING AGENCY shall submit a State of Texas Purchase Voucher
(TDH Form #AG-37, exhibit attached) and a Request for Advance
or Reimbursement Form 270 (TDH Form #CC-10) .
Quarterly
The PERFORMING AGENCY shall submit a Financial Status Report State
Supplemental Form 269a (TDH Form #GC-4) by the twentieth (20th) of the
month followng a quarter. If no previous request for funds has been
received, a Request for Advance or Reimbursement Form 270 and a State
of Texas Purchase Voucher shall be submitted.
Annual/Final
The PERFORMING AGENCY shall submit a Request for Advance or
Reimbursement Form 270; a Financial Status Report Form 269 and State
Supplemental Form 269a; and, if necessary, a State of Texas Purchase
Voucher if all costs have not been reimbursed, or a refund of excess
monies if costs incurred were less than funds received.
Advance Method:
The PERFORMING AGENCY may request an advance at the beginning of the contract
period. Amount of the advance will be determined by the amount and length of
the period. Amount of the advance will be liquidated in the final months of the
contract, so that after the Final Billing, the PERFORMING AGENCY will not have
excess advance funds on hand.
Monthly
The PERFORMING AGENCY shall submit a State of Texas Purchase Voucher
(TDH Form #AG-37, exhibit attached) for each month of the contract in
hn amount as determined above. The State of Texas Purchase Voucher may
be' submitted on a monthly basis, or sufficient number of vouchers to
cover the contract period may be submitted when contract signatures are
obtained.
Quarterly
x
F
The PERFORMING AGENCY shall submit a Financial Status Report State
Supplemental Form 269a (TDH Form #CC-4) and a Request for Advance or
Reimbursement Form 270 (TDH Form #GC-10) by the twentieth (20th) of the r
month following a quarter.
Y
Annual/Final
The PERFORMING AGENCY shall submit a Request for Advance or
Reimbursement Form 270; a Financial Status Report Form 269 and State
Supplemental Form 269a; and, if necessary, a State of Texas Purchase
Voucher if all costs have not been reimbursed, or a refund of excess
,. monies if costs incurred were less than funds received.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
6
PERFORMING AGENCY RECEIVING AGENCY
TEXAS DEPARTMENT OF HEALTH
By By
Dane J. Bennett Hermas L. Miller
Deputy Commissioner
Title Acting City Manager Management and Administration
City ot Wichita Fails
Date Date
TEXAS DEPARTMENT OF HEALTH
Recommended:
By
C. C. Eaves, M.D.
Associate Commissioner
Community and Rural Health
Recommended:
Clift Price, M.D.
Associate Commissioner
Personal Health Services
i
Approved as to Form:
By
Office of General Counsel
7
'~ ATTACHMENT .1
WICHITA FALLS-WICHITA COUNTY HEALTH DEPARTMENT
ARTICLE 1 . Scope of Work
To provide clinical services to meet the needs of low income women
and children with particular reference to prenatal care for pregnant
women, family planning services, and preventive child health services.
These services shall be provided in accordance with the standards for
maternity, family planning, and child health services as promulgated
by the Bureau of Maternal and Child Health, Texas Department of Health.
Reports of service will be submitted in accordance with the requirements
of the Uniform Grant and Contract Management Standards and the Bureau of
Maternal and Child Health.
MCH 83FY Budget
For a seven (7) month period
Nurse II $10,948.00
ATTACHMENT 2
WICHITA FALLS-WICHITA COUNTY HEALTH DEPARTMENT
ARTICLE 1. Scope of Work
i
a
Add one Sanitarian II to the staff. This position was lost due to
314-d cuts and was never replaced on local funds. This position will
f allow inspections of solid waste, nuisance complaints, food, and other
inspections to be resumed at the pre-cut level and will increase the
efficiency of the environmental health section.
FY83 Budget (PREV HEA Block Grant Funds)
For eight (8) month period
Sanitarian II $12,512.00
i
i
FIRST AMENDMENT OF TEXAS STAR AIRLINES
LEASE AT
SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL
This First Amendment of Texas Star Airlines Lease made and
entered into this the lst day of May, 1983, by and between the
City of Wichita Falls, hereinafter called "City" , and Texas
Star Airlines, hereinafter called "Airline
WITNESSETH:
The parties hereto do hereby mutually agree that certain
Agreement and Lease of Premises at Sheppard Air Force Base/
Wichita Falls Municipal Air Terminal dated October 1, 1982,
between City and Airline shall be amended as hereinafter set out. ,
1. Section (B) of Article I, shown on Page 4 of such
Agreement and Lease, is hereby amended to read as follows: /
(B) Space in Passenger Terminal Building. The exclusive
use of 162 square feet of space in the Passenger Terminal
Building of Civil Terminal Area, as shown on Exhibit C, attached
hereto and made a part hereof, for such uses as Airline may
desire to make thereof in connection with or incidental to its
operation of an air transportation system, such uses to include,
without limiting the generality hereof, the sale of tickets,
mainfesting of passengers, handling of mail, baggage and cargo,
and the operation of a general traffic, operations and communica-
tions office. "
2. The paragraph entitled Passenger Terminal Building
Rental in Section (B) of Article III, shown on Page 7 of said
Agreement and Lease, is hereby amended to read as follows:
Ticket Counter Space:
162 square feet at $10. 85 per square foot per annum,
being $1, 757. 70 per year, or $146. 48 per month. "
Public Address System:
$420 . 00 per year, being $35 . 00 per month ��
v
3 Except insofar as it is amended herein, such Agreement
and Lease of Premises shall remain in full force and effect.
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
BY:
Dane Bennett
Acting City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
TEXAS STAR AIRLINES
BY:
Executive Vice-President and
General Manager
ATTEST:
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Secretary
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FIRST AMENDMENT OF LEASE AGREEMENT
BETWEEN CITY OF WICHITA FALLS AND WICHITA COUNTY
This agreement made and entered into this the day of
, 1983 , by and between the City of Wichita
Falls and Wichita County, Texas ,
WITNESSETH:
WHEREAS , the parties hereto entered into a contract dated
September 1, 1982 concerning collection and disposal of dead animals
in Wichita County, and the parties desire to amend such contract .
NOW, THEREFORE, the parties hereto do hereby agree that
Paragrah 4 of said contract dated September 1 , 1982 is hereby
amended to read as follows :
"4 . In those instances wherein Mount is unable to collect
fees due, Wichita County shall retain the right and responsibility
to collect fees from the owners of each dead animal picked up in
the County outside Wichita Falls, Burkburnett and Iowa Park; Wichita
Falls shall retain the right and responsibility to collect fees
from the owner of each dead animal picked up within the City limits
of Wichita Falls . Any fees so collected by either party shall
be proportionately debited or credited, as appropriate (at a rate
of 50 percent of the fees collected) on the $687 . 50 monthly
consideration payable by Wichita County to Wichita Falls . Any such
debits or credits shall be shown on monthly billings by Wichita
Falls and submitted to Wichita County by or before the tenth day
of each month . "
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year set out above .
CITY OF WICHITA FALLS , TEXAS
By:
City Manager
ATTEST:
City Clerk
COUNTY OF WICHITA, TEXAS
By:
County Judge
ATTEST:
County Clerk
LEASE AGREEMENT
THE STATE OF TEXAS X
COUNTY OF CLAY X
This agreement made and entered into this the day of
May, 1983 , by and between the Texas Parks and Wildlife Department
("Lessee" ) and the City of Wichita Falls, Texas, ("Lessor") , each
acting herein by and through its duly authorized officers.
WITNESSETH:
WHEREAS, Lessor owns a tract of land hereinafter described on
which Lessee desires to construct, maintain and operate a boat launching
facility; and,
WHEREAS, Lessor desires to grant a leasehold property interest for
the aforesaid purposes and perform certain maintenance and operational
duties.
NOW, THEREFORE, in consideration of the premises and the agreements
herein contained, Lessor hereby leases, demises, and lets unto Lessee
for the purpose of constructing, maintaining and operating a boat
launching ramp and associated support facilities all that certain tract
of land situated in Clay County, Texas , being more particularly
described on Exhibit A, which is attached hereto, containing 2 . 63 acres ,
more or less.
This lease is made subject, however, to the following terms and
conditions :
1. The term of this lease shall be from the day and year above
written for a period of twenty-five years, unless and until terminated
as provided herein.
2 . It is understood and agreed the Lessee may at its option at
any time during this lease term cease the operation of said boat ramp
facilities by serving written notice on the Lessor in which event and
thereupon this lease shall automatically terminate and the leasehold
interest shall revert automatically to the Lessor without suit or re-
entry and without any further obligation to the Lessee.
3. It is understood and agreed that the Lessee shall construct or
cause to be constructed on the leased premises a boat launching ramp
and appurtenances . Title to all such improvements shall be in the
Lessor.
;.
EXHIBIT "A..
FIELD NOTES
2.63 Acre Tract out of
Lot 9 , Block 1 ,
Clark & Plumb Subdivision
Clay County, 'Texas
A tract of land out of Lot 9, Block 1, Clark & Plumb Subdivision, Clay
County, Texas, said tract being more specifically described by metes and
bounds as follows:
Beginning at a point lying in the South right-of-way line of F.M. Highway
No. 172, said point bears West 295 .10 feet and South 40 .00 feet from the
Northeast corner of said Lot 9 , Block 1, Clark & Plumb Subdivision, said
point being the most Northerly Northeast corner and place of beginning of
this description;
Thence South 00'48' East 295 .16 feet to a point of curvature;
Thence along a 17 .622 degree curve to the left, having a radius of
325 .13 feet, and a central angle of 43*35' 21.3" , a total distance of
247 .35 feet to a point of tangency;
Thence South 44023' East 44.40 feet to a point of curvature;
Thence along a 26.250 degree curve to the right having a radius of
218.26 feet, and a central angle of 83*25' 51.2" , a total distance of
317.82 feet to a point of tangency;
Thence South 39*02' West 50.00 feet to a point for corner;
Thence North 50*57 West 37 .50 feet to a point for corner;
Thence South 39'02' West 152.88 feet to a point lying in the 930
contour line of Lake Arrowhead, said point being the Southeast corner of
this' tract;
Thence along said 930 contour line, North 56*47' West 140.72 feet to a
:. point for the Southwest corner of this tract;
Thence leaving said 930 contour line, North 39002' East 172.15 feet to
a point for corner;
Thence South 50*57' East 77 .50 feet to a point for corner;
Thence North 39*02' East 45 .00 feet to a point of curvature;
Thence along a 48.447 degree curve to the left, having a radius of
118.26 feet and a central angle of 83'25'51.5", a total distance of 172.21
feet to a point of tangency;
Thence North 44*23' West 44.40 feet to a point of curvature;
Thence along a 13.477 degree curve to the right , having a radius -of
angle of 45'35' 21 .3" , a total distance of 323 .4
425 .13 feet, and a central 3
feet to a point of tangency;
Thence North 00*48' West 295 .16 feet' to a point lying in said South
right-of-way line of F.M. Highway No. 172, said point being the Northwest
corner of this tract;
Thence along said South right-of-way line of F.M. Highway No . 172,
North 89*12' East 100.00 feet to the place of beginning and containing 2.63
acres, more or less.
WEST 295.10 F. M. HWY. NO. 172
100.00
1 N: 4
N.E. CT 9,
1 O OF LOT 9,
OR
BLK.1,
CLARK EPLUMB SUED
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r 43°35'21.3"
R=325.13'
_ 1)1=17.622, 4
J L= 247.35' LOT
4-430 35'21.3"
R •4z5.13..�� S. 440 23'E.
p°. 3. 4i.40
L• 32 3.43'
2. 63
N.440 23 W. ACRES
44.40'
83025'pl.Z" K= 83 25'51.2"
S. 50°57'E. R=118.26 R=21 B.26'
77.50' Do=48.449* D°=26.251°
=172.21 L= 31 r.82'
N.39°02'E.
45.00' b
4
930
cOv)O, �ID S.50.000� W.
4 �� 4) 0) 0 N.11 30°5O7'W.
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BIGGS & MATHEWS. INC.
CONSULTING ENGINEERS
2500 E3ROOK • WICtiiTA FALLS. TEXAS
COUNTY CLAY DATE: 7-25-82
SC ALC. 1" " 200,
A G J-SLJ