Min 07/01/1980 82
Wichita Falls , Texas
Memorial Auditorium Building
July 1 , 1980
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
session on the above date in the Council Room of the Memorial Auditorium Building
at 8:30 o'clock A.M. , with the following members present.
Kenneth Hill Mayor
Marvin Traywick
John Hampton, Jr.
Carol Russell Aldermen
Curtis Smith
James B. Thomas
Horace 0. Boston
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
The invocation was given by Don Childers , Park Place Christian Church.
Item 3
Moved by Alderman Hampton that minutes of the meeting held June 24, 1980,
be approved.
Motion seconded by Alderman Russell , and carried unanimously.
Alderman Hampton recognized 18 members of a summer government class, with
their instructor Joe Studer. Mayor Hill added his welcome to the group.
Items 5e and 7a were moved from the consent to the regular agenda.
Items 4a - 10a
Moved by Alderman Traywick that the remaining items on the consent agenda
be approved.
Motion seconded by Alderman Boston.
,/Item 4a
✓ORDINANCE NO. 3688
ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 4b
/ORDINANCE NO. 3689
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF LINWOOD AVENUE
BETWEEN LOT 1 , BLOCK 4 AND LOT 12, BLOCK 3 SCOTLAND ADDITION, AND
RETAINING A FIFTEEN (15) FOOT UTILITY EASEMENT.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
83
Item 4c
✓ORDINANCE NO. 3690
ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY
PAVING PROJECTS.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
VItem 5a
c RESOLUTION NO. 2561
RESOLUTION APPROVING FIRST AMENDMENT OF METROFLIGHT, INC. LEASE OF
PREMISES AT SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR
TERMINAL.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain First Amendment of Metroflight, Inc. Lease of Premises at
Sheppard Air Force Base/Wichita Falls Municipal Air Terminal , 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.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
✓Item 5b
RESOLUTION NO. 2562
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR
THE CENTRAL SERVICE COMPLEX, 1980-82 CAPITAL IMPROVEMENT PROGRAM AND
AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING A LAND
ACQUISITION POLICY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Section No. 1 : It is necessary to acquire the following described tracts of
land for the Central Service Complex, 1980-82 Capital Improvement Program, to wit:
CENTRAL SERVICE COMPLEX
1980-82 Capital Improvement Program
13.7 Acres out of J. A. Scott
Survey No. 18, Abstract 300-J
as shown on the attached plat
marked Exhibit "A"
Section No. 2: The City Manager is hereby authorized to employ appraisers
to appraise the property being acquired for the Central Service Complex, 1980-82
Capital Improvement Program.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
4 Item 5c
✓ RESOLUTION NO. 2563
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR
THE MUNICIPAL COURT ANNEX, 1980-82 CAPITAL IMPROVEMENT PROGRAM, AND
AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING A LAND ACQUI-
SITION POLICY.
r
84
II
Item 5c, cont'd.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Section No. l : It is necessary to acquire the following described tracts
of land for the Municipal Court Annex, 1980-82 Capital Improvement Program, to wit:
MUNICIPAL COURT ANNEX
1980-82 Capital Improvement Program
West one-half (Lots 8 thru 14) of
Block 146, Original Townsite,
Wichita Falls, Wichita County, Texas.
Section No. 2: The City Manager is hereby authorized to employ appraisers
to appraise the property being acquired for the Municipal Court Annex, 1980-82
Capital Improvement Program.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 5d
RESOLUTION NO. 2564
RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS
AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND
PAYMENT OF RELOCATION EXPENSES FOR THE WICHITA RIVER GREENBELT
IMPROVEMENT PROJECT.
WHEREAS, it is necessary to acquire the properties hereinafter described
for the Wichita River Greenbelt Improvements Project; and,
WHEREAS, such properties have been appraised by an Independent appraiser
employed by the City for this purpose, and the amount of the appraisals have
been studied by the Board of Aldermen, and copies of same are now in possession
of the Director of Public Works.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS THAT:
Section No. 1 It is necessary to acquire the fee simple title to the
following properties in Wichita Falls, Texas:
WICHITA RIVER GREENBELT
IMPROVEMENT PROJECT
6.7 acre parcel of land out of Abstract 298, Vol . 272, Pg 57.
8 acre parcel of land, Tr. No. 34, Abstract 300, Vol . 1080/57
8 acre parcel of land, Tr. No. 63, Abs. 298, J. A. Scott
Survey No. 17, Wichita County, Texas
6.55 acre parcel of land, Tr. No. 35 and 36, Abstract 300 J.
Lots 11 Thru 22, Less ROW
2.5 acre Tract described as follows :
Lots 1 thru 4, Less ROW, Blk. B, Scotland Gardens #2
All of Lots 5 thru 16, Blk. B. Scotland Gardens #2
Part of Lots 17 Thru 26, Block B, Scotland Gardens #2
Lot 16, is Lot 1-A Replat Block D,
Tract 1 of Block B & C and Tract 2, Scotland Gardens #2.
Part of Lots 6 Thru 11 , Block C, Scotland Gardens #2.
Total Values approved in this resolution--------------------------$90,600.00
85
87
,/. Item 7a
A proposed resolution was presented approving final payment for expansion of
kitchen facilities at Senior Citizens Center. Alderman Hampton asked if the building
has been approved by the fire marshal? City Manager Gerald Fox stated that it has
been.
RESOLUTION NO. 2567
RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTING CONSTRUCTION OF THE
EXPANSION OF THE KITCHEN FACILITIES AT THE SENIOR CITIZENS CENTER,
LOCATED AT 1008 BURNETT STREET.
WHEREAS, the City of Wichita Falls and Meyers Brothers, Inc. , as contractor,
entered into a contract dated March 28, 1980, wherein said contractor agreed to
construct an addition to the kitchen facilities at the Senior Citizens Center; and,
WHEREAS, the construction of such addition has been completed in accordance
with the plans and specifications; and,
WHEREAS, the total contract price was $41 ,360, of which $36,797 has been paid
to the contractor, leaving a balance due of $4,563.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of such addition is accepted by the City of Wichita Falls,
and the City Manager is directed to pay to the said contractor the balance due
as shown above.
Moved by Alderman Hampton that Resolution No. 2567 be passed.
Motion seconded by Alderman Traywick, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item Ila
A public hearing was opened on hazardous structures.
Lee W. Kelly, 425 Woods , stated that the reason this property has not been
repaired is that other projects have taken up much of his time. He requested a 30-day
extension. Mayor Hill questioned him about the number of times he has received notices
on his various properties. He requested Mr. Lillard and Mr. Ryckoff to make a note
of this request for extension, and if Mr. Kelly is up here another time, he would
like them to bring this to the Council 's attention.
John D. Strout, 1317 36th, stated that this house was in the tornado. He has
ninety percent of it torn down. He requested a 60-day extension.
Roy L. Goodman, of Bowie, Texas, appeared regarding his property at 1323 36th.
He stated that he has been working almost every week-end tearing down this house.
It is mostly torn down and hauled off except a small room on the back which he would
like to retain for his lawn mower. He also stated that some iron needs to be hauled
off. He requested a thirty-day extension.
Nathan Pruett, 1627 Collins, requested a thirty-day extension to complete the
requirements on his property.
ORDINANCE NO. 3691
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OF DEMOLISH
SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF
THIS ORDINANCE AND DECLARING AN EMERGENCY.
88
Item lla, cont'd.
Moved by Alderman Thomas that Ordinance No. 3691 be passed, giving Mr. Kelly,
Mr. Goodman, and Mr. Pruett an additional thirty days, and Mr. Strout an additional
sixty days.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 12b
County Judge Tom Bacus requested consideration of dissolving the Wichita Falls
Housing Finance Corporation into a Wichita County Housing Finance Corporation for
the entire county. It is his information that the full senate passed a resolution
which grandfathered these programs to December 31 of this year. He realizes that
if the City says "no" , then it will be extremely difficult, or maybe impossible,
for the County to participate because of the smaller program in the County. The
administrative costs would make it prohibitive for them. He feels the economic
condition of the County at this time is more important than filling up the vacant
land in the city.
Judge Bacus noted that there is some concern about control , and he feels that
is where the problem lies. The Commissioners Court has only got into this program
to get it going. They do not intend to stay on the Board of Directors. The only
reason they have got into this is to help our faltering economy. The Board of
Directors should be citizens of the City of Wichita Falls. He would like the
City to join them in an economic opportunity for both City and County. He urged
the Council not to worry about the control and targeting factors. He stated that
the majority of the Board of Directors should be citizens of Wichita Falls.
City Manager Gerald Fox stated that the market study would be based on
whether it is in the City or County. Alderman Traywick stated that one of his
concerns is the watering down for the citizens of Wichita Falls. The City Manager
stated that targeting should be done in certain areas of this city. Unless
policies are reestablished, then there is no guarantee that the program would be
carried out properly.
Alderman Hampton recalled how the tax appraisal board percentages were
abrogated just over a year ago.
Judge Bacus does not consider this tornado relief any more. It is an
opportunity to help our economy in both City and County.
The City Manager stated that some input needs to be made to the consultant
for conclusions on the mortgage demand. If there is targeting of funds for
specific areas of the City and County, that might have some effect on the study.
He further stated that the Board of Directors would be making the decisions.
Alderman Thomas inquired if we could have a bond issue for the County, and
have a division of labor where the City and County would run their own job?
The City Manager did not know whether that could be legally done or not, stating
that the ground rules for development are different in the utilizing cities than
in Wichita Falls.
Moved by Alderman Hampton that we move along to the next item of business.
The motion was not seconded.
Alderman Traywick stated that he felt we should consider whether we should
have a Housing Finance Corporation. The tornado need has almost passed. He
stated that this money will cost more than the money obtained in the bond program.
He would strongly question whether this program is even essential to the community
any longer. Alderman Thomas stated that we are not really doing what we would
like to do because the people who can qualify for the money will also qualify
with the local lending institutions in the city.
Bob Seabury requested that a decision be made. Interest rates have dropped
to twelve percent. Alderman Thomas inquired if he thought this is a plan which
89
Item 12b, cont'd.
would be supported by the city? Mr. Seabury stated that the 235 homes and the
expensive homes are moving well . The middle bracket is very stagnant.
City Attorney H. P. Hodge, Jr. stated that there would be either a City or a
County Corporation. There would be no way to divide the money.
Moved by Alderman Hampton that we leave things as they are, and move on to
the next item of business.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays: Alderman Traywick
Item 12a
David Liles appeared as Manager of Lone Star Gas Company in Wichita Falls. He
stated that they have requested an adjustment in rates charged its customers here.
He stated that the high rate of inflation over the past four years has prompted this
request. The last increase was in 1976, and operational costs have increased. The
proposed increase for the average customer would be $2.58 per month. He requested
temporary rate relief. Should this not be granted, they are requesting the current
adjustment for the city gate rate.
RESOLUTION NO. 2568
RESOLUTION SUSPENDING THE OPERATION OF LONE STAR GAS COMPANY'S PROPOSED
INCREASE IN RATES FOR A PERIOD OF 120 DAYS BEYOND THE DATE ON WHICH
SUCH INCREASE WOULD OTHERWISE GO INTO EFFECT.
WHEREAS, on June 19, 1980, Lone Star Gas Company filed with the City of
Wichita Falls a statement of intent to increase its rates, which shows the proposed
effective date of such rate increase as July 25, 1980; and,
WHEREAS, after having heard the presentation of Lone Star Gas Company, it
is the opinion of the Board of Aldermen of the City of Wichita Falls that such proposed
rates should be suspended for a period of 120 days from July 25, 1980, for further
study, investigation, presentation of evidence and public hearing; and,
WHEREAS, Lone Star Gas Company has also requested the establishment of temporary
rates for the period of rate suspension; and,
WHEREAS, a copy of this resolution has been provided Lone Star Gas Company prior
to its consideration by the City of Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1 . Pursuant to Section 43(d) of the Public Utility Regulatory Act,
the operation of Lone Star Gas Company's proposed increased rates is hereby suspended
for a period of 120 days from July 25, 1980, for further study, investigation,
presentation of evidence and public hearing.
SECTION 2. The request by Lone Star Gas Company for temporary rate relief
during such suspension period is hereby denied.
Moved by Alderman Thomas that Resolution No. 2568 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston
Nays: None (Alderman Hampton was out of the room. )
ORDINANCE NO. 3692
AN ORDINANCE AMENDING THE FIRST PARAGRAPH OF THE CLAUSE TITLED ADJUSTMENTS
IN SECTION 1 OF ORDINANCE NO. 3129 PROVIDING FOR ADJUSTMENTS IN THE
90
Item 12a, cont'd.
SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL
AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS,
WICHITA COUNTY, TEXAS, BASED UPON RAILROAD COMMISSION ORDERS ISSUED
IN GUD NOS. 588, 683 and 2087.
Moved by Alderman Thomas that Ordinance No. 3692 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
r/Item 12c
Robert Heavers, 2315 Antigua, appeared regarding a permit for a carport and
storage building. He stated that the deed restrictions indicate that no building
shall be built within ten feet of a side lot line. He wants to build it within
a foot of the rear lot line. The building committee for that subdivision expressed
no objection to his plan. Neither have the neighbors. Ernest Lillard stated
that the carport would not violate the building code; however, the storage building
would not fall under the same category as the carport.
Moved by Alderman Thomas that the City Attorney be authorized to allow the
waivers necessary to grant a permit.
Motion seconded by Alderman Traywick, and carried unanimously. (Alderman
Smith was out of the room. )
Item 13a
A proposed ordinance was presented amending the subdivision ordinance on
zero lot line and alley requirements.
6RDINANCE NO. 3693
AN ORDINANCE AMENDING THE COMPREHENSIVE SUBDIVISION REGULATIONS OF THE
CITY OF WICHITA FALLS, TEXAS, ORDINANCE NO. 2118, APPENDIX A, CODE OF
ORDINANCES, ESTABLISHING DEVELOPMENT STANDARDS FOR SINGLE FAMILY
ATTACHED OR DETACHED ZERO LOT LINE SUBDIVISIONS, AND AMENDING DEFINITION
FOR TOWNHOUSE, GENERAL REQUIREMENTS AND DESIGN STANDARDS FOR ALLEYS,
AND ALLEY REQUIREMENT FOR TOWNHOUSE SUBDIVISIONS.
Moved by Alderman Hampton that Ordinance No. 3693 be passed.
Motion seconded by Alderman Traywick.
Alderman Thomas stated that he has been opposed to using an alley only nine
feet wide when you are entering the house from the alley. He feels it should
always be eighteen feet so that there is room for someone to pass in the alley.
Concrete in alley construction is not strong enough to take care of the traffic
on them. Concrete should be strengthened. On 40 feet lots , we will double
traffic in the alley. He noted broken concrete, high weeds, and some ruts in
alleys which he observed. We should help contractors to build as low cost a
subdivision as possible, but we should also consider the long range owners of
these properties. He believes alleys everywhere should be at least eighteen
feet.
Alderman Hampton noted that this ordinance will apply to every alley in
the City in the future. He stated that the people who live on them would rather
not have an 18-foot alley because it becomes a street. Alderman Thomas noted
that this subdivision only has access from the rear.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Boston
Nays: Alderman Thomas
91
Item 14a
A proposed resolution was presented approving employment of consulting engineer
for water main improvements in the 1980 bond issue.
,RESOLUTION NO. 2569
RESOLUTION APPROVING CONTRACT WITH CORLETT, PROBST & BOYD FOR ENGINEERING
SERVICES FOR WATER DISTRIBUTION LINES.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain contract, a copy of which is attached hereto, between the City of
Wichita Falls and Corlett, Probst & Boyd for the performance of engineering services
for the design and construction of certain water distribution lines, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
Moved by Alderman Hampton that Resolution No. 2569 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays: None (Alderman Traywick was out of the room. )
' Item 14b
A proposed resolution was presented approving employment of consulting engineer
for sewer improvements in the 1980 bond issue.
` RESOLUTION NO. 2570
RESOLUTION APPROVING CONTRACT WITH BIGGS & MATHEWS, INC. , FOR ENGINEERING
SERVICES FOR SANITARY SEWER LINES.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and Biggs & Mathews, Inc. , for the performance of engineering
services for the design and construction of certain sanitary sewer lines, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls .
Moved by Alderman Smith that Resolution No. 2570 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays : None (Alderman Traywick was out of the room. )
V Item 14c
A proposed resolution was presented adopting a policy statement on water sales
to rural subdivisions by rural water supply corporations, and authorizing the city
manager to execute an amendment to the water purchase contract with Wichita Valley
Water Supply Corporation.
RESOLUTION NO. 2571
A RESOLUTION ADOPTING A POLICY STATEMENT ON WATER SALES TO RURAL
SUBDIVISIONS BY RURAL WATER SUPPLY CORPORATIONS WHICH PURCHASE WATER
FROM THE CITY OF WICHITA FALLS, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE WATER PURCHASE CONTRACT WITH WICHITA
VALLEY WATER SUPPLY CORPORATION.
WHEREAS, the City of Wichita Falls has entered into water purchase contracts
with numerous rural water supply systems; and,
92
Item 14c, cont'd.
WHEREAS, any policies, or lack of policies, which foster improper development
on the periphery of the City stand as a clear threat to proper growth and maintenance
of land values; and,
WHEREAS, the City of Wichita Falls deems it necessary to provide rural water
systems and the City's administrative staff with a policy statement on water sales
to rural subdivisions; and,
WHEREAS, the water purchase contract with Wichita Valley Water Supply Corporation
does not permit said corporation to sell water to new commercial and residential
subdivisions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1 . The Policy Statement on Water Sales to Rural Subdivisions by
Rural Water Supply Corporations which purchase water from the City of Wichita Falls,
recommended by the Planning Board, a copy of which is attached hereto, is hereby
formally adopted.
SECTION 2. The City Manager is hereby authorized to execute an amendment
to the water purchase contract with Wichita Valley Water Supply Corporation to
permit said corporation to sell water to new commercial and residential subdivisions.
Moved by Alderman Hampton that Resolution No. 2571 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 15a
A proposed resolution was presented awarding the bid for construction of
Weeks Park Maintenance Shop.
✓RESOLUTION NO. 2572
RESOLUTION ACCEPTING BID OF M & F LITTEKEN CO. , AND AWARDING CONTRACT
FOR CONSTRUCTION OF MAINTENANCE BUILDING EXTENSION AT WEEKS PARK
GOLF MAINTENANCE BARN.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of a maintenance building extension at Weeks Park golf maintenance barn; and,
WHEREAS, two bids were received, and it is found that the bid of M & F
Litteken Co. in the amount of $17,817.68 is the lowest responsible bid, and
should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The bid of M & F Litteken Co. in the amount of $17,817.68 is hereby accepted,
and the City Manager is authorized to execute a contract for the City of Wichita
Falls with M & F Litteken Co. for the construction of such improvements.
Moved by Alderman Russell that Resolution No. 2572 be passed.
Motion seconded by Alderman Traywick, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Boston
Nays: Alderman Thomas
\/Item 16a
Mayor Hill read the report from City Clerk Wilma Thomas on the landfill
petition, in which she explained that no action was needed by the Board of Aldermen
until it meets charter requirements.
93
Item 16b
Discussion was held on a proposal to fund a Wichita Falls Convention and
Visitors Bureau.
City Manager Gerald Fox stated that it was the intent to operate the facilities
at both Memorial Auditorium and the Activities Center with the present staff to
see what staff they would need to serve these facilities. The present staff cannot
operate these facilities and a Convention and Visitors Bureau also. This could be
financed from the hotel-motel occupancy tax, rather than out of the general revenue
of the City.
Alderman Thomas stated that he would rather see it under the control of the
City Manager, rather than the BCI. He has always viewed the BCI as an industry
seeker, and not to get into the usual customary things that Chambers of Commerce
have wanted to get into.
Mayor Hill stated that he feels just exactly opposite to Alderman Thomas.
He believes they are better able to take care of this.
David Wolverton, 2103 Berkley, appeared as President of the BCI. He stated
that they can do a better job in this task than the City of Wichita Falls because
it is their stock and trade. He stated that they have been very successful in
securing new industry for the City. They also have another obligation to the
City.
Paul Latture appeared as Executive Director of the BCI. He noted some examples
in Paragraphs 5 and 6 of the agreement which they are trying to do. This involves
tourism and conventions. Local interest has to be developed to have conventions
in Wichita Falls. Funding is basically half staff-half promotion. They would
donate office space, typewriters, utilities, etc. They are not looking at a cash
contribution from the BCI.
Alderman Hampton feels we should try it because he thinks it will pay off.
RESOLUTION NO. 2573
RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS BOARD OF COMMERCE
& INDUSTRY TO CREATE A CONVENTION AND VISITORS BUREAU.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the
City of Wichita Falls and Wichita Falls Board of Commerce & Industry, wherein
the City employs the Board of Commerce & Industry to manage and operate a
Convention and Visitors Bureau in the City, is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Traywick that Resolution No. 2573 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Boston
Nays: Aldermen Thomas (He feels the City should do it. )
/Item 16c
Moved by Alderman Thomas that the following appointments be made to the
Mental Health-Mental Retardation Board of Trustees.
1 . Dr. Richard Milisci (reappointed)
2. Mrs. Linda Cornelius (reappointed)
3. Mrs. Helen Farabee
4. Mrs. Kenneth Lewis
Motion seconded by Alderman Russell , and carried unanimously.
94
V Item 16d
Discussion was held on possible development of water supply at Ringgold.
The City Manager reported on the previous water study.
Mayor Hill asked if we are required to show a need before we can get a
water permit? The City Attorney stated that we do. He feels in view of the
engineer's report that we might have some difficulty proving that need.
Alderman Traywick noted that if we go ahead with Phase II we would be in a
position to apply for a permit.
Moved by Alderman Smith that we proceed with all speed on Phase II of the
engineer's report.
Motion seconded by Alderman Russell , and carried unanimously.
f Item 16e
Alderman Smith mentioned that Housing Wichita Falls, Inc. is a spin-off
of Midtown NOW. We have a group of low income people who are displaced. They
are looking at the possibility of rent subsidies. Midtown contributed $10,000
seed money. They need more assurance that the Council is still willing to go
into this program. It was noted that CD monies might be available after October
1 .
Joe Smith stated that it looks like we may have 72 years of water left in
both reservoirs.
The Board of Aldermen adjourned at 12:05 P.M.PASSED AND APPROVED this d ,6�6 day of LJG*e/ : 1980.
MAYOR
ATTEST:
4 ''�TY CLERK
r.
AMENDMENT OF METROFLIGHT, INC .
SHEA-111ARD AIR BASE/WICHITA VALUS MUNICIPAL AIR TETMINAL
This First Amendment of Metroflight, Inc. Lease made and entered into this
g
the 15th day of July, 1980, by and ix-twcun the City of Wichita halls, hereinafter
called "City", and I'victroil.ight, Inc. , hereinafter Called "Airline",
WITNESSETH:
The parties hereto (10 hereby NIWLI�.J,ly agree that that certain agreement
Agre-ement and Lease of Premises at Sheppard Air Force Base/Wichita Falls Mun-
icipal Air T'erminal dated october 1, 1.978, between City and Airline shall be
amended a, hereinafter set out.
1. Section (B) of Article 1, shown on Pages 4 and 5 of such Agreen-lent. and
Lease, is hereby intended to read as follows-
Ternlinal f-"milcliii The CXCIL16iVe use of 807
sqWiTe feet of space in 11je Pai-;senger Tcr-nih al Building of Civil Terminal Area,
as shown on E'XJlibit C aHaUjjud hereto and made a part hereof, for such uses as
Airline may desire to ri-jAke thereof in cormection with or incidental to its operation
of an air transportation system, such uses to include, without limiting the gen-
erality hereof, the sale of tickets, mallifestitisg of passengers, handling of mail,
baggage and cargo, and the operation of ,t. general traffic, operations and communi-
cations office. "
Z. Section (C) of Article 1, shown on Page 5 of such Agreement mid Lease,
is hereby amended to jmld a-, follows:
(C) 1);l....1!11!� CIA111 'Spncc ill Terminal Building
.-LL-Ib =�
The use in coninion with other scheduled. serving Wichita Falls, of approxi-
mately 1,LN O square feet, of space designated as ']-,ziggage Claim' area on E'�djibit C
t>
attached hereto.
a. The pzwil-rZiph (-111 itled Oftk-c and Ticiet Col-Inter Space i!) Section (111 of
Article 111, shown on P qW 8 of said Agreement .Uld Lease, is hereby amended to
read as follow",:
"()Rice: and Ticket Counter Space:
807 square feet at 9.35 per squtwe foot per amium, being $7,545.45 per
year, or $628.78 per month. "
4. The paragrziph entitled Baggage Claim Area in Section (B) of Article I1I,
shown on Page 8 of said Agreement a.nd Lease, is hereby amended to read as follows:
"Baggage Claim Area:
For Airline's prorated share of 1,280 square feet in this area at the rate of
$4.17 per squarE; toot per• ,Unnuin, the; proper share to be prorated as follows: shall
be apportioned among all ushng airlines so that each pays the proportion thereof
which the number of its passengers enptaning at the airport during each calendar
month bears to the total number of enplaning passengers on all said airlines during
each calend;u• month. "
5. This anmidment shall be effective July 15, 1980. Airline is hereby
authorized to take posses,-Jon of the space in the Passenger Terminal Building de-
scribed in Pax•agra.ph 1 above upon execution of thriS amendnient, and to proceed
with remodeling such spade.
6. Except, insotar as it is amended herein, such Agreement and Lease of
Premises shall remain in full force and effect.
IN wiTNESS WtiEitf,:OF, the parties hereto have caused these presents to
be executed as of the day and year first, set out above.
CITY (W w1CHLl A FALLS
BY: _ _ _
Cif V C.U. l o x
City Manager
ATTEST:
City Clerk
Approved as to form:
City A�c y
BY
Gen rat Manac (_i
l;xec•utive vice-1'i•esident/ .�
ATTEST:
1r
Secretary
C� �
7j
lit,
56
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(3-79) .
MEMORANDUM OF AGREEMENT
j ,,MEIORANDUM OF AGREEMENT made and entered into at Akron, Ohio this
day of / t 19__B0 , by and between _The City of
Wichita Falls, Texas __� of W ch iita Falls,
exa hereivaf
Ts Operator, —
ter called and THE GOODYEAR
TIRE & RUBBER COMPANY, a corporation of Akron, Ohio, hereinafter called
"Goodyear."
WITNESSE'TH, that:
1 . Goodyear will. furnish Operator tires for use on buses for the remuner-
ation and under the terms and conditions Lereinafter set forth.
Except that Operator may use separate and apart from this agreement
until unfit for further service tires i:i its possession when this
agreement becomes effective and not furnished by Goodyear under any
similar mileage contract previously in effect between the parties
hereto. Operator agrees to use exclusively tires furnished by Goodyear
hereunder on buses operated by Operator in Wichita Falls, Texas
and the vicinity thereof. It is understood that in this agreement a
tire means a casing, tube and flap for a tube type tire and a casing
only for a tubeless tire; and a bus means any vehicle of more than
seven passenger carrying capacity, designed for operation on pneumatic
tires and used publicly for the transportation of passengers. The
number of tires to be furnished hereunder shall be sufficient to keep
all of said buses fully equipped and to provide a reserve supply to
be mounted on rims and kept in Operator's garage for use in cases of
emergency. Buses operating under this agreement shall be equipped
with rims of the sizes and types and spaced to conform to the approved
standards of The Tire & Rim Association of America, Inc. The parties
hereto recognize that in the event that, at the commencement of this
contract or subsequently, Goodyear purchases tires from Operator
manufactured by a firm other than Goodyear, such tires wi_l.l be included
among the tires leased to Operator hereunder. Operator agrees that
Goodyear is riot responsible for the design, manufacture or suitability
for use of such tires, and Operator agrees to refer zi.l claims , suits
or judgments arising out of the use of such tires to the manufacturer
thereof, and not to Goodyear.
2. BUS MILEAGE REPORTS AND PAYMENTS_ AND %DIVLDUAL_ TIRE ,MILEAGE RECORDS
Operator shall keep an accurate record of the number of miles covered
by each bus during the term hereof and render to Goodyear a report of
such bus mileage at the end of each month. Operator shall pray Goodyear
on or before the twenty-fifth of each month for the mileage run on
the tires furnished hereunder during the month immediately preceding
at the rate per bus mile as shown in the schedule attached to this
agreement, marked Exhibit "A" and made a part hereof. Such rate is
established for Operator's fleet shown in such schedule. A propor-
tionate rate and bonus point slialL apply to any other buses placed in
operation by Operator during the term of this contract requiring a
different size and/or construction type of tire. The number of miles
covered by each bus shall be ascertained either by means of an instru-
ment which will. accurately record mileage being maintained by Operator
on each bus, or by multiplying the number of trips of each bus by the
j -1-
i
-79)
I
number of miles in the route it covers and adding any miscellaneous
mileage that may be run to and from the routes and initesting
buses used, Operator
instructing men, or otherwise. If the la
tte
r met
hod
shall furnish Goodyear a schedule of the established routes covered by
its buses and shall advise Goodyear. of any changes in such routes or any
additional routes covered. The instruments and/or ml'leUoodreaorrssreprereferred
to herein shall be open for inspection at a11. times y Y
sentatives. Operator agrees to supply Goodyear with all information on
tire changes and bus mileage requested by Goodyear to eGoodeear Goodyear to
maintain any reco rd of individual tire mileage kept by Y
I3. ADDITIONAL BUSES purchase or otherwise
If , during the term hereof, Operator shall acquire by p
additional buses, Operator agrees to acquire such buses less tires giving
II Goodyear notice of such acquisition, and further agrees to arrange o
have such buses equipped with Goodyear mileage tires of sufficient car-
oved standards of The Tire & Rim
rying capacity to conform to the appr
Association of America, Inc. Such tires shall then be included under
this agreement. If any of such buses equipped with tires furnished by
Goodyear shall be driven overland, Goodyear shall receive payment at the
mileage rate specified herein for such use of the tires.
4. TITLE TO TIRES AND LIENS ON BUSES
Title to all tires furnished hereunder shall remain at a]_1 times in Good-
year, and upon purchase by Operator in accordance with Article 13 hereof
Goodyear until it shall have received full
shall continue to remain in
to it by Operator under the terms of this
payment of all sums owing
contract. Operator will hold Goodyear harmless against any claim on
Goodyear's tires made by any holder of a lien on anGoodsen which
ares oadvised
Operator uses such tires. Operator agrees to keep Y
concerning any of such liens and will give Goodyear any details thereof
which Goodyear may request.
5.
POSSESSION AND CANCELLATION the term hereof of all
Operator shall be entitled to possession during
hat there is no breach of. this
tires furnished hereunder, provided t
agreement on the part of the Operator. If Operator fails to make any
payment when due, including payment forthwith upon receipt of Goodyear's
for the total amount determined
an
y heryear termsnorccordance conditionsith
statement
Article 13 hereof, fails to comply Y
hereof, allows its credit standing ltoeaeinmthemhandsrofmak receiver es an sornisnt
for the benefit of creditors, is top
laced
bankrupt, then, under each or all of the aforesaid conditions,
Goodyear shall have the right at its option, without prejudice to any
d remedies, to take immediate possession of all such
other rights an
tires, and to enter Operator's premises and remove said tires,
in
not they are applied on buses, without being deemed guilty P
tion
so doing, and Goodyear shall be re iev fro ofn tires furtshall her bnot arelieve
under this agreement. Any such repossessionfor the use of the tires furnished
Operator from its obligation to pay
hereunder according to the terms hereof or from its liability for damages
because of any breach hereof.
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6. TAXES, ET CETERA
In addition to the mileage rate effective hereunder the Operator from
time to time or at Goodyear's option by way of increase of the mileage
rate effective hereunder, shall pay Goodyear an amount to compensate for
the current Manufacturers' Excise tax under the U.S. Revenue Act of 1932,
as amended, and for any sales, excise, use, processing or similar tax
imposed upon the goods sold or service rendered hereunder, or upon the
manufacture, sale or delivery thereof, or, whenever any tax, excise,
levy, law, or governmental regulation shall have the effect directly or
indirectly of increasing the cost of manufacture, sale or delivery of
such goods or service. The Operator will pay all property taxes on the
tires, making any required listing for taxation in its own name as Bailee.
7. DAMAGE TO PERSONS OR PROPERTY
Operator will hold Goodyear harmless against all claims, action or causes
of action for damage arising out of the use of or possession of any tires
furnished hereunder.
8. CONTINGENCIES
Goodyear shall be excused from deliveries or delay in deliveries if such
failure to deliver or delay in deliveries shall be caused by war, strikes,
lockouts, fires, interruptions of transportation facilities, accidents,
inability to obtain merchandise, or other similar causes beyond the
control of Goodyear. This agreement is expressly subject to applicable
restrictions imposed by any Federal agency or by any other governmental
authority.
9. SERVICE
Operator agrees to apply to, remove from, and remount on rims or wheels,
tires furnished hereunder; and to perform all other tire service, including
regrooving and repair of flat tires as required to keep them in proper
operating condition. Operator will install and maintain in its garage
suitable facilities for the inflation of tires and will keep said tires
inflated to conform to the approved standards of The Tire & Rim Association
of America, Inc. Operator will determine at all times when tires are to
be removed from vehicles. Goodyear shall have the right to make the
determination as to the fitness for return to service of a particular
tire or tires provided, however, Operator shall not be obliged to use
tires which, because of their condition, interfere unreasonably with the
use and operation of buses. All tires determined by Goodyear to be
permanently unfit for further service shall be returned to Goodyear
promptly by the Operator.
-3-
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10. USE, CARE V,D STORAGE OF 1 :R1,,S
Operator agrees to provide a s',kfe and suitable place in an enclosed
building for the storage of spare tires and tires unfit for further
service so that such tires shall not be subject to damage by the elements;
to either keep each bus equipped with at least one properly inflated
spare tire or provide adequate road service for its fleet; and to pay
Goodyear the amount of any damage or loss resulting from accident, fire,
improper or negligent use, loss, theft, or fraudulent conversion of said
tires, or from the operation of a bus with an underinflated or flat tire
thereon. The value of tires for the purpose of determining the amount of
any damage or loss under this Article 10 shall be determined by subtracting
from the higher amount of either (a) average mileage secured from similar
tires (nonretreaded or retreaded, as the case may be) normally and perma-
nently removed from service during the twelve-month period immediately
preceding the date of such damage or loss, or (b) the applicable current
minimum mileage for bonus qualification for nonretreaded or retreaded
tires, the mileage run by the particular tire prior to such damage or
loss and multiplying the difference, representing unused mileage reduced
to bus miles, by the rate then in effect hereunder.
11 . SALE OR DISPOSITION OF BUSES
If, during the term hereof, Operator shall sell, or in any manner dispose
of any buses, which shall have been equipped with tires supplied hereunder,
or if for any reason Operator shall discontinue its business, or discon-
tinue the use of any such buses, Operator shall purchase the unused
mileage in each tire thereon (including spares) at prices to be computed
as set forth in Article 10 thereof, plus the amount of any tax or excise
applicable to such sale.
i
12. LEASED BUSES
Operator represents and warrants that it owns outright all buses comprising
the fleet operated by it. If during the term of this contract, including
any amendments and extensions hereof, Operator acquires the right to
operate any buses not owned by it, pursuant to a rental or other arrange-
ment with the owner of such buses (herein called "Leased Buses") , Operator
agrees (a) to notify Goodyear forthwith of the existence and details of
such arrangement, (b) that all Leased Buses will be furnished to Operator
by the owner without tires so that they may be operated by Operator
equipped with Goodyear's tires supplied under this contract, and (c) to
obtain from the owner an agreement acceptable to and for the benefit of
Goodyear, whereby the owner acknowledges Goodyear's ownership and right
to possession of all tires supplied by it hereunder and waives any and
all rights with respect thereto by virture of their use on Leased Buses
or otherwise. Contingent upon obtaining such agreement from the owner of
Leased Buses, they shall be subject to all the terms and conditions of
this contract to the same extent as buses owned by Operator, and in case
Operator surrenders or otherwise loses possession of any of the Leased
Buses equipped with tires supplied by Goodyear hereunder, Operator shall
purchase each tire thereon (including spares) as provided herein with
respect to buses sold by Operator. The term "Leased Buses" shall not
include any bus rented or borrowed by Operator for temporary use during a
period limited to not more than sixty days.
-4-
13. TERM OF CONTRACT AND DISPOSITION OF 'TIRES AT TER,IINATION
This contract shall become effective on the I day of July
19 80 , and terminate on the 30 day of _June , 19 85 At
such termination date, unless the parties hereto enter into a new mileage
contract to become effective immediately thereafter, Operator will purchase
and upon submission of statement by Goodyear will pay Goodyear for the
unused mileage in each remaining casing and tube furnished for service
ii
hereunder at prices to be computed as set forth in Article 10 hereof plus
1 the amount of any tax or excise applicable to such sale. Operator will
acquire each such used tire as is, and Goodyear makes no warranties as to
the condition or fitness for continued use of such tires.
14. MODIFICATION OF CONTRACT
This contract cannot be altered or modified in any respect unless by
writing noted hereon signed by duly authorized representatives of both
parties hereto or by special written document signed in like manner.
I�
15. UNIFORM COMMERCIAL CODE FINANCING STATEMENTS
j Operator will, upon request, sign such financing statements or continuaticr
statements as may be necessary or desirable to protect Goodyear's interest
in the tires leased hereunder.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed in duplicate by their respective duly authorized representatives the
I
ay and year first above written.
i
WITNESSES:
The City of Wichita Falls, Texas
BY
'I
THE GOOD ' T RE & RUBBER COMPANY
BY
Exeice c9dent
ATTEST
I r% Assistant Secretary
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(1-79)
Exhibit "A"
To contract dated !, �1.� /7 f'�� between The City of Wichita
Falls, Texas of Wichita Falls, Texas
and THE GOODYEAR TIRE & RUBBER COMPANY.
I
SCHEDULE OF BUSES
Number Makes Single
of of Tire Size or Dual
Buses Buses Model Front Rear Rear Rate
Rate per Bus Miles $. - See Supplemental
Agreement of same date.
Group II Rate
5 Twin TC3 9.00-20 9.00-20 Dual B
2 GMC 3102 9.00-20 9.00-20 Dual B
Additional tire sizes in inventory: 8.25-20
Group I _ Rate
3 FIX FX522 7.00-18 7..00-18 Dual A
I
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.8 (3-78)
SUPPLEMENTAL AGREEMENT
Akron, Ohio %f/„ .�_t' ,19 80
i
THE MEMORANDUM OF AGREEMENT dated,,'(---, %r, 19 80 , by and
between The City of Wichita Falls, Texas
of Wichita Falls, Texas and THE GOODYEAR TIRE
& RUBBER COMPANY, of Akron, Ohio, is hereby amended as follows:
1. On all mileage run on and after July 1, 1980 and prior to
January 1, 1981 the rates per vehicle mile shall be as follows:
i
$.01207 - A 6-wheel Group I 7.00-18
$.01250 - B 6-wheel Group II ' 9.00-20
j Such rates shall hereinafter be referred to as Basic Rates.
'I
On January 1, 1981 and on the first day of each July
and January thereafter during the term of this agreement, the
mileage rate effective during the next ensuing six-month period shall
be determined by a computation as hereinafter prescribed.
a. The average daily closing spot market price per pound for
#1 smoked ribbed rubber sheets, on the Commodity Exchange,
Inc. , New York City, shall be determined for the six calendar
months immediately preceding the computation date, and for each
one cent or fraction thereof that such average is over or under
$ .73 per pound, the Basic Rate shall be increased or
decreased, as the case may be, by . 27 %.
b. The average cost to Goodyear per pound of high tenacity nylon
tire yarn shall be determined for the six calendar months
immediately preceding the computation date, and for each one cent
or fraction therof that such average is over or under $ 1.27
per pound, the Basic Rate shall be increased or decreased, as the
case may be, by . 06 %.
C. With respect to any period during which the price for such rubber
or nylon tire yarn shall be fixed under order of any governmental
agency such fixed price shall be substituted in the computation
or computations for the prices above mentioned.
d. If the average hourly wage rate as hereinafter defined for the
preceding six-month period shall be more or less than $ 11.837
per hour, the Basic Rates shall be increased or decreased by
adding to or subtracting from the Basic Rates the per vehicle
mile factor, multiplied by the number of cents that the average
hourly wage rate is above or below the base wage rate of
j $ 11 .837 per hour. The per vehicle mile factor shall be
determined by dividing the following by the preceding six-
month average mileage of tires permanently removed from
service from those vehicles.
Group I $ ,38
Group II $1.02
-1-
In the event no tires are permanently removed from service during the
preceding six month period, then the per bus mile factor shall be
determined by dividing by•�the following:
50,000 Group I
65,000 Croup II
The average hourly wage rate shall be the annual average hourly rate
of factory employes in the Tire and Tube Division of Goodyear's
factories, including all applicable public or private employe e be
nefits ,its ,
2. BONUS ACCOUNTINGS
On January 1 , 1981 and at the end of each six-month period thereafter
bonus accountings on Goodyear tires shall be made as follows:
Casings removed from service under Article 10 or 11 of said MEMORANDUM OF
AGREEMENT shall not be included in such accountings or computations
hereinafter set forth.
jl
j Should the average mileage delivered by all other casings furnished
hereunder, which have been permanently removed from service during the
six-month period immediately preceding accounting date, exceed 50,000
miles Group I or 65,nOn Group II
for nonrecapped casings or xxx miles
for recapped casings, then,
with respect to any tires removed from service, Goodyear shall issue a
credit memorandum to Operator in an amount equal to 50% of the current
rate less service per vehicle mile for all miles operated in excess of the
above mileage requirements.
i
With the exceptions herein specifically enumerated, all the terms and
,provisions of said MEMORANDUM OF AGREEMENT dated r, j ;' 19 80
'shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed in duplicate by their respective duly authorized representatives the
,.'day and year first above written.
,WITNESSES:
THE CIT OF WTCHITA FALLS, TEXAS
�- j c r BY y.
THE GOOD RUBBER COMPANY
i'
BY
1 Exec Vic sident
ATTEST
Osistant Secretary
-2-
t j�
:76)
ThI3 Option phti.11 COTU3ti1,11',-) [IN 1 hnc a:)rne rt prt of Ui6 ld wn emorand of
Agreement dated -.'_ !'^' , with `�upplemental Agreement thereto
of same date, by"and , etween The City of Wichita Falls, Texas of
Wichita Falls, Texas
"Operator") and The Goodyear Tire & Rubber Company
("Goodyear"), as such Memorandum of Agreement and Supplemental Agreement
may have been further amended or extended from time to time.
1. Notwithstanding any provision to the contrary set forth in said
Memorandum of Agreement and Supplemental Agreement, as extended
and amended, Goodyear hereby grants to Operator the following
option:
(a) Upon the expiration of the term of the Memorandum of
Agreement and Supplemental Agreement, as extended and
amended, Operator has the right to further extend said
Memorandum of Agreement and Supplemental Agreement and
continue to use all tires furnished by Goodyear under
such Agreements in Operator's possession on the expiration
date for a period of 36 months from said expiration date.
(b) All terms, conditions and provisions of said Memorandum
of Agreement and Supplemental Agreement, as previously
amended and extended, shall ruin in full force and effect
during said 36-month period, except that Goodyear &hall be
relieved of any requirement to furnish Operator with tires
during said 36-month period unless requested by Operator
and agreed to by Goodyear.
(c) The rate or rates per bus mile in effect during such
36-month period shall be the rate or rates in effect
for the six-month period immediately preceding the
commencement date of such 36-month period.
(d) It is understood that Operator shall continuously use
such tires insofar as practicable on its highest
mileage runs until such tires are rendered permanently
unfit for service during said 36-month period.
(e) Upon the expiration of said 36-month period, Operator
shall pay for any then i.znused mileage remaining in
such tires (tires supplied by Goodyear pursuant to
the Memorandum of Agreement) at the rate set forth
in Paragraph l(c) above. Operator will acquire each
such used tire as is, and Goodyear makes no warranties
as to the condition or fitness for continued use of such
tires. The amount of the unused mileage shall be deter-
mined by subtracting from the average mileage secured
from similar tires (nonrecapped or recapped, as the case
may be) normally and permanently removed from service
during the six-month period immediately preceding the
expiration of the 36-month period, the mileage run by
the particular tire prior to the expiration date of the
36-month period.
i
( 3-79)
2. The option granted herein�is exercisable by Operator upon thirty
(30) days' notice prior to the expiration date of the Memorandum of
j Agreement and Supplemental Agreement, as extended and amended. Such
j notice of Operator's exercise of this option must be in writing and
f sent, certified mail, to:
f l
lThe Goodyear Tire & Rubber Company
1144 East Market Street
Akron, Ohio 44316
II Attn: Manager, Mileage Sales
I
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IN WITNESS WHEREOF, Goodyear has caused these presents to be signed by
its duly authorized representatives on the day of
19 �f , although it is mutually agreed that this option shall be effective as
j of the effective date of any current supplement, amendment, or extension
;, between these parties.
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THE G00 RE RUBBER COMPANY
BY
E c U resident
ATTEST
/Assistant Secretary
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LEASE
TIC STATE OF TEXAS X
COUNTY OF WIGIITA X
This lease, made this rI Day of �� �ra,�M 1980, between the
City of Wichita Falls, Texas, a n micipal corporation, as Lessor and Human Resour_-es
Department- City of Wichita Falls, as Lessee,
1,TITNESSE1H:
That Lessor does hereby demise and lease unto Lessee 460 square feet of
floor space in the building known as the Tlartin Luther King Multi-Purpose Center
at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used
for _ classes for CETA youth and adults.
to have and to hold the same for the term of twelve months beginning the first
day of October, 1930, Lessee yielding and paying to Lessor rent at the rate of
one thousand six hundred twenty-eight and 42/100 dollars ($1,628.42) for the full
term, to be paid in equal monthly instalhmnts of one hundred thirty-five and 70/100
dollars ($135. 70) on the first day of each nonth, the first of such payments to ba
made on the first day of October, 1980, and at the same rate for any part of a
rental fee provided for herein shall be subject to increase upon thirty days
written notice give prior to the payment of any ironthly rental fee under this
contract, which increases shall be based upon increases in the fair market rental
value of similar premises in Wichita Falls, Texas.
Lessee covenants with Lessor as follows:
1. Lessee agrees to pay the rent reserved at the times and in the manner
aforesaid.
2. Lessee agrees he will keep all and singular the said premises in such
repair as the same are in at the cormencement of the term, or may be pt.t
in by Lessor during the continuance thereof, reasonable use and wearim
thereof and damage by accidental fire or inevitable accidents only excepted.
3. Lessee agrees he will not make or suffer any additions or alterations -.n
or to the premises without the written consent of Lessor.
4. Lessee agrees he will not make or suffer any waste of the premises and
will not suffer any holes to be drilled or made in the stone or brie aaork,
or any placard to be placed on the outer walls, or any signs to be on
the premises, except such as Lessor shall approve, and then only in such
place and so affixed as Lessor shall prescribe, and will not mace or
suffer any unlawful, improper, or offensive use of the premises, or any
use therof other than as herein specified.
5. Lessee agrees to conform to such reasonable regulations as may be estab-
lished from time to time by Lessor for the general convenience of the ten-
ants of the building.
6. Lessee agrees that any heating or lighting apparatus which may be used
on the premises shall be of such kind as Lessor shall approve.
7. Lessee agrees to permit Lessor at all reasonable times to enter upon
and examine the premises and make such repairs as Lessor may think necessa=_y
for the protection thereof.
8. Lessee agrees not to assign this lease or sublet the whole or any part
of the premises without the consent in writing of lessor, and will, at
the end of the said term, peaceably deliver up to Lessor the demised
premises, with all future erections or additions upon or to the same,
in such repair as aforesaid, and vacant and unencumbered, and in good
and tenantable order and condition.
9. Lessor makes no warranties as to the suitability of the leased premises
for any purpose. Lessor is not responsible for any laten defects in
the leased premises. Lessee shall be solely responsible for any injuries
incurred by his guests, employees or licensees.
10. In no event shall Lessor, its agents, servants or erployees, be liable
for any damages, breach of contract, or any action in the nature of a
trespass of any kind or character, for terminating this lease under the
provisions herein.
11. Lessee agrees to forever release lessor for any personal injury or property
damage which may occur on the property or within any structure (s) . Further
Lessee agrees to defend, pay, or settle every claim or suit against the
City by anyone, whether considered groundless or not; and agrees to hold
the City harmless against every such claim or suit, including attorney's
fees and cost.
-2-
Payments by Lessee shall be payable to the City of Wichita Falls, Texas
and delivered to the Accounting and Finance Department, Tlermrial Auditorium, Room
202, P.O. Box 1431, Wichita Falls, Texas 76307
The opinion of the majority of the Board of Aldermen of the City of Wichita
Falls, Texas, as to the necessity of cancellation of this lease shall be conclusive
upon the parties herto.
IN WITNESS Y,=,EOF, the parties herto have caused this agreement to be signed
on the date first above stated.
CITY OF WICHITA FALLS, =XAS
i
BY:
Gerald G. Fox, City llanager
A=I ST:
City Clerk
Human Resources Department -
City Of Wichita Falls,
By:
ATTEST:
LEASE
THE STATE OF TEXAS X
COUNTY OF WICHITA X
This Lease, made this '� day of }cc . ..� 1980 between the
City of Wichita Falls, Texas, municipal corporation as Lessor and Community
Action Corporation of Wichita Falls, and North Texas Area, as Lessee,
WITNESSETH:
That Lessor does hereby demise and lease unto Lessee 181 square feet of
floor space in the building known as the Martin Luther King Multi-Purpose Center
at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used
for an office to have and to hold the same for the term of twelve months beginnin ;
the first day of October, 1980, Lessee yielding and paying to Lessor rent at the
rate of six hundred twenty-six and 33/100 dollars ($626.33) for the full term, to be
paid in equal monthly installments of fifty-two and 19/100 ($52. 19)
the first day of each month, the first of such payments to be made on the first
day of October, 1980, and at the same rate for any part of a month unexpired at
the legal determination of this lease; provided, that the total rental fee provided
for herein shall be subject to increase on March 1, 1980 which is the beginning
of the Lessee's program and fiscal year, which increases shall be based upon
increases in the fair market rental value of similar premises in Wichita Falls,
Texas, and/or increases in the federal funding for Lessee's programs.
Lessee covenants with Lessor as follows:
1. Lessee agrees to pay the rent reserved at the times and in the manner
aforesaid.
2. Lessee agrees he will keep all and singular the said premises in such
repair as the same are in at the commencement of there term, or may be put in by
Lessor during the continuance thereof, reasonable use and wearing thereof and
damage by accidental fire of inevitable accidents only excepted.
3. Lessee agrees he will not make or suffer any additions or alterations in
or to the premises without the written consent of Lessor.
4. Lessee agrees he will not make of suffer any waste of the premises and
will not suffer any holes to be drilled or made in the stone or brickwork, or any
placard to be placed on the outer walls, or any s.i,;nes to be on the premises, exc( lit
such as Lessor shall approve, and then only in such place and so affixed as Lesso;
shall prescribe, and will not make or suffer any unlawful, improper, or offensive
-1-
use of the premises, or any use thereof other than as herein specified.
5. Lessee agrees to conform to such reasonable regulations as may be
established from time to time by Lessor for the general convenience of the
tenants of the building.
i
6. Lessee agrees that any heating or lighting apparatus which may be used
on the premises shall be of such kind as Lessor shall approve.
7. Lessee agrees to permit Lessor at all reasonable times to enter upon and
examine the premises and make such repairs as Lessor may think necessary for the
protection thereof.
8. Lessee agrees not to assign this lease or sublet the whole or any part
of the premises without the consent in writing of Lessor, and will, at the end
of the said term, peaceably deliver up to Lessor the demised premises, with all
future erections or additions upon or to the same, in such repair as aforesaid,
and vacant and unencumbered, and in good and tenantable order and condition.
9. Lessor makes no warranties as to the suitability of the leased premises
for any purpose. Lessor is not responsible for any latent defects in the leased
premises. Lessee shall be soley responsible for any injuries incurred by his
guests, invitees, employees or licensees.
10. In no event shall Lessor, its agents, servants or employees, be liable
for any damages, breach of contract, or any action in the nature of a tresspass
of any kind or character, for terminating this lease under the provisions herein.
11. Lessee agrees to forever release lessor for any personal injury or
property damage which may occur on the property or within any structure(s) .
Further, Lessee agrees to defend, pay or settle every claim or suit against the
City by anyone, whether considered groundless or not; and agrees to hold the City
harmless against every such claim or suit, including attorney's fees and cost.
Payments by Lessee shall be payable to the City of Wichita Falls, Texas
and delivered to the Accounting and Finance Department, Memorial Auditorium,
Room 202,P.0. Box 1431, Wichita Falls, Texas 76307.
-2-
r
This lease may be cancelled by either party by providing the other party
with sixty (60) days written notice.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be signed on the date first above stated.
City of Wichita Falls, Texas
By: ^�
Gerald B. Fox, City Ma ager
ATTEST:
City Clerk
Community Action Corporation of
Wichita Falls and North Texas
Area.
By:,-
I f
ATTEST:
-3-
LEASE
THE STATE OF =AS X
COUNTY OF WICHITA X
i
This lease, made this 27t1, day of June ,1980 between
the City of Wichita Falls, Texas a nnmicipal corporation, as Lessor and Wichita Falls
Wichita County Health Department, as Lessee,
WITNESSETH:
That does hereby demise and lease unto Lessee 1,323 square feet of
floor space in the building known as the Martin Luther King Multi-Purpose Center
at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used
for operation of a public health clinic as a branch of the Wichita Falls,-INTichita_
County Health Department Nursing Division, to have and to hold the same for the
term of twelve months beginning the first day of October, 1980, Lessee yielding
and paying to Lessor rent at the rate of four thousand, sixty-six hundred and 05/L00
dollars ($4,666.05) for the full term, to be paid in equal n-onthly installlrents of
three hundred eighty-eight and 84/100 dollars (388.84) on the first day of each ir.mtl:,
the first of such payments to be made on the first day of October, 1980, and at the
same rate for any part of a month unexpired at the legal determination of this lease;
provided, that the total rental fee provided for herein shall be subject to increase
upon thirty days written notice given prior to the payment of any ninthly rental
fee under this contract, which increases shall be based upon increases in the fair mar-
ket rental value of similar premises in Wichita Falls, Texas.
Lessee covenants with Lessor as follows:
1. Lessee agrees to pay the rent reserved at the times and in the manner
aforesaid.
2. Lessee agrees he will keep all and singular the said premises in such
repair as the same are in at the comencement of the tern, or may be p,.t
in by Lessor during the continuance thereof, reasonable use and wearin
thereof and damage by accidental fire or inevitable accidents only exc(�pted.
3. Lessee agrees he will not make or suffer any additions or alterations :n
or to the premises without the written consent of Lessor.
4. Lessee agrees he will not make or suffer any waste of the premises and
will not suffer any holes to be drilled or made in the stone or brickwork,
or any placard to be placed on the outer walls, or any signs to be on
the premises, except such as Lessor shall approve, and then only in such
place and so affixed as Lessor shall prescribe, and will not poke or
suffer any unlawful, inproper, or offensive use of the premises, or any
use thereof other than as herein specified.
5. Lessee agrees to conform to such reasonable regulations as may be established
from tines to time by Lessor for the general convenience of the tenants
of the building.
6. Lessee agrees that any heating or lighting apparatus which may be used
on the premises shall be of such kind as Lessor shall approve.
7. Lessee agrees to permit Lessor at all reasonable times to enter upon
and examine the premises and make such repairs as Lessor may think necessary
for the protection thereof.
8. Lessee agrees not to assign this lease or sublet the whole or any part
of the premises without the consent in writing of Lessor, and will, at
the end of the said term, peaceably deliver up to Lessor the demised
premises, with all future erections or additions upon or to the same,
in such repair as aforesaid, and vacant and unencurbered, and in good
and tenantable order and condition.
9. Lessor makes no warranties as to the suitability of the leased premises
for any purpose. Lessor is not responsible for any latent defects in
the leased premises. Lessee shall be solely responsible for any injuries
incurred by his guests, employees or licensees.
10. In no event shall Lessor, its agents, servants or employees, be liable
for any damges, breach of contract, or any action in the nature of a
trespass of any kind or character, for terminating this lease under the
provisions herein.
11. Lessee agrees to forever. release lessor for any personal injury or prop2rt-T
damage which may occur on the property or within any structure (s) . Further
Lessee agrees to defend, pay, or settle every claim or suit against the
City by anyone, whether considered groundless or not; and agrees to hold
the City harmless against every such claim or suit, including attorney' s
fees and cost.
-2-
Payments by Lessee shall be payable to the City of Wichita Falls, Texas
and delivered to the Accounting and Finance Department, 1,'lemrial Auditorium, Room
202, P.O. Box 1431, Wichita Falls, Texas 76307.
The opinion of the majority of the Board of Aldermen of the City of Wichita
Falls, Texas, as to the necessity of cancellation of this lease shall be conclusi•je
upon the parties hereto.
IN j�,TITIIESS WHME OF, the parties hereto have cause this agreement to be
signed on the date first above stated.
City of t]ichita Falls, Texas
� k j
BY: 11�
Ger ld G. Fox, Cit °Tanager
ATTEST:
City Clerk
Wichita Falls-Wichita County
Health Department
Lanie J. Benson, M.D. , Director
ATTEST:
PcCEIVED IN
C;'.-Y OFFICE
Daie ......6... .._.�
LEASE AGREEMENT By
MARTIN LUTHER KING BUILDING
THE STATE OF TEXAS X
COUNTY OF WICHITA X
This lease, made this 18th day of June 1980,
between the City of Wichita Falls, Texas, a municipal corpora-
tion, as Lessor and Senior Citizens of North Texas, Inc. , as
Lessee,
WITNESSETH:
That Lessor does hereby demise and lease unto Lessee 2, 880
square feet of floor space in the building known as the Martin
Luther King Multi-Purpose Center at 1100 Smith Street in the
City of Wichita Falls, Texas, said premises to be used for Senior
Citizens Multi-Purpose Center unit congregate meals, to have
and to hold the same for the term of three months beginning
the first day of July, 1980, and ending the 30th day of SeptembE:r,
1980 , Lessee yielding and paying to Lessor rent at the rate of
nineteen hundred and fifty ($1950 . 00) dollars for the full term,
to be paid in equal monthly installments of six hundred fifty
dollars (650 . 00) on the first of each month, the first of such
payments to be made on the first day of July, 1980, and at the
same rate for any part of a month unexpired at the legal deter-
mination of this lease provided, that the total rental fee
provided for herein shall be subject to increase at the end of
the term hereof. Increases in rent shall be based upon increases
in the fair market rental value of similar premises in Wichita
Falls, Texas.
Lessee hereby, without further reduction in rental payment,
expressly agrees . that this lease in nonexclusive as to the
City and the City ' s utilization of the Lessee ' s space during
times when contractor ' s personnel are not present is a right
retained by the City provided that the City shall notify the
Project Director or Manager of the use of the area, and that no
I
equipment will be abused, and that the City will restore
the room to the condition observed prior to its utilization.
Lessee Covenants with Lessor as follows : li
1. Lessee agrees to pay the rent reserved at the times and
in the manner aforesaid.
2. Lessee agrees he will keep all and singular the said
premises in such repair as the same are in at the commencement
of the term, or may be put in by Lessor during the continuance
-thereof, reasonable use and wearing thereof and damage by
accidental fire or inevitable accidents only excepted.
3. Lessee agrees he will not make or suffer any additions
of alterations in or to the premises without the written con-
sent of Lessor.
4 . Lessee agrees he will not make or suffer any waste of
the premises and will not suffer any holes to be drilled or
made in the stone or brickwork, or any placard to be placed on
the outer walls, or any signs to be on the premises, except
;such as Lessor shall approve, and then only in such place and
so affixed as Lessor shall prescribe, and will not make or
suffer any unlawful, improper, or offensive use of the premises,
or any use thereof other than as herein specified.
5. Lessee agrees to conform to such reasonable regulations
as may be established from time to time by Lessor for the
general convenience of the" tenants of the building.
6 . Lessee agrees that any heating or lighting apparatus
which may be used on the premises shall be of such kind as
Lessor shall approve.
7. Lessee agrees to permit Lessor at all reasonable
times to enter upon and examine the premises and make such
repairs as Lessor may think necessary for the protection
thereof.
8 . Lessee agrees not to assign this lease or sublet the
whole or any part of the premises without the consent in writing
of Lessor, and will, at the end of the said term peaceably
-2-
deliver up to Lessor the demised premises, with all future
erections or additions upon or to the same , in such repair
as aforesaid, and vacant and unencumbered, and in good and
ij
tenantable order and condition.
9 . Lessor makes no warranties as to the suitability of
the leased premises for any purpose. Lessor is not responsible
for any latent defects in the leased premises. Lessee shall
be solely responsible for injuries incurred by his guests ,
invitees, employees or licensees, and shall forever release
and hold harmless Lessor from all costs involved as a result
of said injuries.
10. Lessor agrees to provide materials for use in the
janitorial services of Lessee ' s area. Lessee agrees to provide,
at no costs to Lessor, the labor for the janitorial and clean-up
services , and to clean Lessee ' s area to standarC.sapproved by
Lessor.
Payments by Lessee shall be payable to the City of Wichita
Falls, Texas, and delivered to the Accounting and Finance
Department, Memorial Auditorium, Room 202 , P. 0. Box 1431 ,
Wichita Falls, Texas 76307 .
The opinion of the majority of the Board of Aldermen of
the City of Wichita Falls, Texas, as to the necessity of
cancellation of this lease shall be conclusive upon the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed on the date first above stated.
CITY OF WICHITA FALLS , TEXAS
BY ``'`�f
Gerald G. Fox, kCity M nager
ATTEST:
Senior Citizens of North Texas, Inc .
BY:
Project Director
ATTEST:
LEASE MREMLY
WARTM LUTE .R KITC 19ILDINC,
THE STATM OF TEXAS
CGUATY Cj WICHITA
Thiz lease , wade this o , J�
beL"een ths Citv of Vichiza FL.13 , Tonns , a municipal icrp
tilwssor an& S=ior Cit . n �ns I 7or ,h iazas, !no, , -
That lessor does herely domise an . Masc anzo Lessae 2 , 00
square fact of floor space in zho bulloing kn=n as zw
LunLor KLng nuiti-Purpo-o Centoz au LIM Smian Street
Ciu� of NfchLta Tails , Texas , 3wid n�isQs to te nsw for n!
Citizens �uiti- "u :jo±2 Center u.iT cL .g�oyare "wals , no ha . ,
and zo h3ld ths inme Mr the tniA of rve mon ;hs beqn-,--L-
zhe firci day of vim,tchar, 193C , and E. Ing t2w 302h eay of Sayt -
emnar, 1911 , Lesgew yieNing ann pa2i: to lvvLor rerL at n-
raon of siven zhoa=j ai�ho hnntra� ., !Iarc " 47 . 220 . 03) f.. th,
full ter�, to t_ oa equal in` calLm=s; cj Ain . .n-
dred Hity dollars �1630 . 0; ca the VZ of 2LO,- Mor . .n,
of nuch naymants to to =Ae on tne fln , z Gay oi 3ctoL.2r ,
at the same rava for any part wo- a �L ; ;an, 2-.1yed at the
datermi. . :icn i chis APaso prc-Lda .0;71 7szsc
provide. for havain shall bo suh3wcL i�croa.w it =a on. of
term herwof , inc7aasus in Yent shall 1 nasa an i. in
wK fai� mar�et rental value of Am!, Y p2wniscy in hichL .
Tenas.
Lesw2a MrwDy, without furt�nr i czicn =1-
en.vessil agrw� that hi� leLn, in - : zc j� nj t3 An 7j�,
and che — ty ' s uiiizan�an OF LLa Lus. . w , z � .. �url , c t� aL�
ahon corn7actor ' s pwrso��21 = 3 cn w2L L. rig. t� �E,
by Zna 0 prnVIACA mLZ the
ec2cr C - Iaalol � " tn� nsw Cf
will he nhused , and znat the Ury ul— va� L�j. znj rcc� to nL
ccnaiti02 vhscr�vn pfiu � = its nnil� ,
s E e C 0%T 0 n a 2- S WS
acil-ces o r reserved anc.
In the
2 . SStC 2 i I. -WIl" I
L _--i a s I n g u 1 r t- e S d
preTui S`s I n, S-Lacll In aL L comraencei,.-..2nt
o--'L' the te-,__m, o r i-,ca v 1) 3"U C li� s s au no t h e c o-.,i J_n c G
h o r L c -ason-
d e- 0 v 'D
0 r I
LeSsoc- acf--e s i_a v, z suf,c�-- nnv
of alt-er--t-l' ons 1" 1 z)l 'Lo -Lh2 pry-illico-,:
of: Lessor.
_e e G 'o
-, -fe- v ��,,as c r su.L
anL f-cl--S to
ri -L,ade in s-= -'-work, or a, �,Diaca_rd to e -,! Lceor
-
the oute-,-
ro OG G c a
such as- Lessor sha'L ai:SoL s I .a,I,�G o,,
d ii,,
su, -er al-i,,, r. a,.,.r f a J per, o S i v,e '_l c
_O S S e C� r_ Dn f1c
as .:.ay c s:--ah- s 1 0 A 1 R" h'�7 T
S'SO 1: 0 L
c c n v e n I e c-e c f t 0 1 ca n. s 0
�essce agrees -1-1hat any 11 L C, yI cfilll In a ap,,_C,a.r
or
apprcvc' .
7 . esscz: tcG r-T-L"
Cl-
to 'en-Lef -,loon
Lessor for ion- T_i-
S
,jho' e o-� -v
of Lessor , and %vill , at- --h,--, cMd uf -�a *_d t, _a, p,:�a c, -v ail
U-,
or a;aOn-
!:'o 11
di
-_on.
9. Lessor makes no warranzies aE 2o the suitability of
the Wased premisw faz any purpose, ossor is not respcnsible
for any latent dafoors in tna laas .f y lsas, Lessee shall he
Solely rusPonsible for injuries incu=d by his guests , in .
employees or licensees , and shall fora rewase and hold
less Lessor from all coons invo�ved as a result cf said injnriwL .
13 . Vassar agrzLs c pYoviaw =tsrials foT �±a in the "ani
torial services of Lassaw , s sraa, lessee alreas zo providn ,no costs to Lessor , the labor for zIns � initorial an& clean-n-p
services , and to clean Lessee ' s area cc standards approved by
Lessor.
Payments by hassw snail be payabic to the City of Wichita
Falls , Texas , and dolivercd to tne Accoanting and Finance Go-
partment , Memorial Audirorium, Eocm 202 , P. O. Box 1431 , Ni2hit
Falls , Texas 76307 .
The aninion of the =anority of zho 3cara of Aldermen of th,.i,
CiLy of Wichita Palls , Taxas, as to the necessity of cancollati�-,.
of this lease shall to cancjusj� s upon :he parties hereto.
!N VITNESS 72=2y, she parAos hziato havi caused zhi:---
agrcemenn to he signcd on the date afrni ahcva stated
CITI 32 NIC11TA FALLS , TEXA.��
13 Y
TANY-0. ART-M ! Aanager
City C1wZk-------------------
Scric. CMzens c! Acrth Tozas,
proj2ct Dirw=w-
ATTEST:
A=MaqT FOR ENGINEERING SERVICES
THIS AGREENEiT made this, the day of 1980,
by and between the City of Wichita Falls, Texas, hereinafter called the OWNER and
Corlett, Probst & Boyd, hereinafter called the ENGINEER:
WHEREAS the OWNER intends to construct three water distribution lines, one on the
South side of Kell Expressway between Fairway Blvd. and Lawrence Road, one on Kemp
Blvd. between Avenue G and Ninth Street, and one on Expressway 281 between
Twenty-Second Street and California Street, and the ENGINEER agrees to perform the
various professional engineering services required for the design and construction
of the Water Distribution Lines.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and inconsideration of the
mutual covenants and promises between the parties hereto, it is hereby agreed that
the ENGINEER shall furnish engineering services to include the following:
1. He will conduct preliminary investigations, including general
studies of the subsurface conditions and routing.
2. He will prepare preliminary plans and an estimate of the cost.
3. He will conduct the necessary design surveys, metes and bounds
surveys for legal description of required Rights-of-Way, and
prepare detailed plans, after approval of Preliminary Plans by
the OWNER.
4. He will prepare contract dociuments which will include a construction
contract, advertisement for bids, a general contract, notice of
award, payment and performance bonds, and specifications.
5. He will provide the necessary copies of the detailed plans and
specifications and the construction contracts for the use of the
OWNER, bidders and contractors.
6. He will assist the OWNER, when requested, -in negotiating for property
easements or Rights-of-Ways required to construct the facility, and
he will assist the OWNER's attorney in procuring titles, rights
and authorizations.
7. He will arrange for, attend and conduct the bid openings and
tabulate the bid proposals with reccmendations and summaries
to the OWNER.
8. He will interpret the intent of the plans and specifications to
protect the OWNER against defects and deficiencies in construction
on the part of the contractors. He will not, however, guarantee
the performance by any contractor.
10. He will provide general engineering inspection of the work of the
contractors as construction progresses. Detailed construction
inspection and supervision will not be furnished.
11. He will prepare estimates for progress and final payments.
12. He will supervise adequate tests to confirm compliance with system
operating requirements and conformance with plans and specifications
and make a final inspection of all construction and equignent and issue
certification of final inspection to the OWNER.
13. He will provide the OWNER with one (1) set of reproducible "as built"
plans and two (2) sets of prints on paper at no cost to the OWNER.
14. He will notify appropriate persons of the date and time of final
inspection.
The OWNER agrees to pay the ENGINEER as canpensation for his services rendered a fee
based on the total of all construction contracts and the percentage arrived at by
using Curve B on the attaclTnent taken from the Texas Society of Professional Engineers
General -Engineering Services Publication. Percentages for compensation shall be
based on construction costs, payable as follows:
1. Fifty percent (50%) of the total canpensation upon awarding of the
construction contracts.
2. Fifty percent (50%) upon ccrnpletion of the construction contracts and
acceptance by the OWNER.
IN WITNESS WHEREOF, the parties hereby have affixed their hands this day
of 1980.
OWNER: The City of Wichita Falls, Texas
ATIEST:
Wilma J. Thomas, City Clerk
By:
Gerald Fox, City Manager
ENGINEER: Corlett, Probst & Boyd
Richard K. Boyd, P. .
� O
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1N3383d-398VHO OISVG
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z
iS
STATE OF TEXAS
COUNTY OF WICHITA
This contract, made and entered into as of the day of ,1980,
by and between the City of Wichita Falls, Wichita Falls, Texas, (hereinafter
called "Owner") and the firm of Biggs & Mathews, Inc . , Consulting Engineers ,
Wichita Falls, Texas, (hereinafter called "Engineer")
WITNESSETH:
WHEREAS, the Owner will require the construction of certain improvements
involving sanitary sewer line construction in the City of Wichita Falls North of
the Wichita River, sanitary sewer line relocation in the Southmoor Addition and
sanitary sewer line construction on Barnett Road , and
WHEREAS, the firm of Biggs & Mathews, Inc . , is acceptable to the Owner and
is willing to enter into a contract to perform engineering services required by
the Owner:
NOW THEREFORE, it is agreed as follows:
I
The Owner hereby retains the Engineer for all engineering services required
in connection with the sanitary sewer line construction. The services performed
by the Engineer in connection with the proposed im-rovements shall be as
follows:
I . Prepare plans and specifications:
II . Prepare contract documents:
III . Conduct general and/or resident supervision of project:
-1-
IV. Prepare monthly progress reports and pay estimates and submit same to
the Owner for payment;
V. Prepare "As-Built" plans;
VI. Assist Owner in the final project acceptance process .
II
Item No. i - Preparing of detailed plans and specifications shall include :
(a) Establishing the scope of any soil and foundation investigations
which may be required and making the necessary arrangements to obtain
the necessary services .
(b) Surveys , preliminary design and layout of the improvements:
(c) Preparation of detailed plans;
(d) Preparation of project quantities and cost estimates;
(e) Furnish to the Owner all necessary copies of approved plans, specifica-
tions , notices to bidders and proposal forms .
Item No. II - Prepare Contract Documents shall include:
(a) Preparation of the Contracts and specifications;
(b) Assistance in the advertisement of the project for bids;
(c) Assistance in the opening, tabulation and analysis of the bids
received and recommendations as to the appropriate action to be taken;
(d) Assistance in the preparation of formal contract documents for
construction contracts.
Item No. III - Conduct Qene-al and/or resident supervision of project shall
include:
( a) Making periodic visits to the various sites (as distinguished from the
continuous services of a resident Project Representative) to observe
-2-
the executed work and to determine in general if the work is proceeding
in accordance with the contract documents. In carrying out this
function, it is understood that the Engineer does not guarantee the
contractor's performance, nor is he responsible for supervision of the
contractor' s operation and employees;
(b) Consulting and advising with the Owner and preparing routine change
orders as 'required;
(c) Reviewing shop and workinq drawings and design mixes furnished by
contractors for compliance with design concept and with information
given in contract documents (contractor is responsible for dimensions to
be confirmed and correlated at job site) ;
(d) Preparation of monthly and final estimates for payments to contractors ,
and furnishing any necessary certifications as to payments to
contractors and suppliers;
(e) Performing, in company with the representative of the Owner , a final
inspection of the project;
(f) Revision of construction drawings, with the assistance of the resident
Project Representative, to reflect any revisions included in
construction records;
(g) Furnish Owner with three (3) sets of construction drawings.
Item No. IU - Prepare "As-Built" plans shall include:
(a) Updating plans to show any changes during construction;
(b) Furnish Owner with three (3) sets of "As-Built" prints and one ( 1 ) set
of reproducible tracings.
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III
For the basic services performed under Section II of this agreement, the
compensation to the Engineer shall be expressed as a percent of the cost of
construction for which preparation of plans and specifications are authorized,
and shall be nine percent (9%) .
Upon completion of the services as set out in Section i < of this A4reement,
eighty percent (80%) of the total basic charge shall be due and p3vaole. The
remaining twenty percent (20%) shall be paid durino construction in proportion to
the Contractor's earnings.
For special services such as court litigation and other miscellaneous
services not outlined in Section II , the Engineer shall be compensated on the
basis of the Schedule shown in Section IV. Statements for services in this
category shall be rendered monthly and payment shall be due not less than thirty
(30) days after submission of a statement .
IV
The charge provided herein shall not include property, boundary, and
right-of-way surveys, shop, mill , field or laboratory inspection of materials;
cost of inspection borings or other subsurface explorations; copies of "As-Built"
plans and specifications in excess of three (3) , calculations of special
assessments; the services of a resident Project Representative for continuous
on-the-site observance of the work; or the furnishing of construction line and
grade surveys.
If the Owner elects to have the Engineer furnish services of 3 resident
Project Representative for continuous on-the-site observance of the work or the
furnishing of construction line and grade surveys , the Engineer will furnish this
service at the following schedule of rates:
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SURVEY PERSONNEL
Four man survey party $ 53.00 per hour
Three man survey party 45 .00 per hour
Land surveyor 24.00 per hour
CONSTRUCTION INSPECTION
Resident Engineer 27 .00 per hour
Resident Inspector 18.00 per hour
ENGINEERING AND GENERAL SUPERVISOR
Principal or Officer of Firm 45.00 per hour
Project Engineer 36.00 per hour
Senior Draftsman 15.00 per hour
Jr. Draftsman 10.00 per hour
Direct expenses and subcontract costs incurred shall be reimbursed at actual
cost.
If during preparation of the plans and specifications , or thereafter, the
Engineer shall be required to render additional services because of changes,
or delays , or other causes beyond his control , then the Engineer shall be
compensated for such additional services on the basis of the schedule set out in
Section IV.
V
It is understood and agreed that the Owner shall have complete control of the
services to be rendered and that no work shall be done under this contract until
the Engineer is instructed in writing to proceed with the work. At the time
written instructions are given to the Engineer to proceed, evidence shall be
furnished that funds are available to pay for the services rendered.
It is also understood that the Engineer will not supply a resident Project
Representative for continuous on-the-site, observance of the work or furnish
construction line and grade surveys unless instructed in writing to do so.
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VI
Any provision in this contract notwithstanding, it is specifically understood
and agreed that the Engineer shall not authorize or undertake any work pursuant to
this contract, which work would require the payment of any charge, expense or
reimbursement in addition to the charge stipulated in Section III, without having
first had and obtained specific written authority therefore.
V I I
This contract shall not be assignable in whole or in part without the consent
of the Owner.
VIII
All payments for services rendered by the Engineer that have not been paid
within sixty (60) days after becoming due shall thereafter accrue interest at the
rate of eighteen percent ( 18%) per annum.
IX
In connection with all the work outlined or contemplated above, it is agreed
that the Owner or the Engineer may cancel or terminate this contract . Upon thirty
(30) days written notice of such cancellation from either party to the other, all
work and labor being performed under this contract shall immediately cease,
pending final cancellation at the end of such thirty day period, and further
provided that the Engineer shall be compensated in accordance with the terms of
this agreement for all work accomplished by him prior to the receipt of notice of
such te-mination.
Y
The City of 'Wichita Falls or any of its duly authorized representatives shall
have access to any books , documents, papers and records of the Engineer which are
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directly pertinent to this project for the purpose of making accurate examination,
excerpts, and transcription.
XI
The Engineer shall have access to any existing City plats and records in the
possession of the Owner that will be of berefit in the preparation of the plans
and specifications.
IN WITNESS HEREOF, the City of 'Wichita Falls, Texas , has caused this contract
to be executed by its City Manager and attested by its City Clerk and the official
seal of the City affixed hereto , and Biggs & Mathews , Inc . , Consulting Engineers ,
has caused this contract to be executed by its President and its Secretary, with
all such executions being in quadruplicate , each of which shall constitute an
original , and all of which has been done as of the date here above first written .
CITY OF WICHITA FALLS
BY
City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Consulting Engineers
oYi ae� ir P.E ., Presi ent
�eQistered Professional Engineer No. 16101
ATTEST: C
SeeeMry--------
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POLICY STATEMENT ON WATER SALES TO RURAL SUBDIVISIONS �� %✓r t.�. ` ;
BY RURAL WATER SUPPLY CORPORATIONS WHICH PURCHASE WATER
FROM THE CITY OF WICHITA FALLS
SECTION 1. General Factors To Be Considered
1.1 Definition of Subdivision. The division of any tract of land which
1 is, or in the future may be, offered for sale, conveyance, transfer
or improvement; which is designated as a distinct and separate tract
from the original tract of land constitutes a subdivision.
1.2 Lot Frontage
A. Lot front on an existing federal or state highway.
B. Lot front on an existing county road. (Annexation of property
will require City maintenance and construction to City standards.)
C. Lot front on a proposed county road. (Same as B. above.)
1. 3 Density of Proposed Subdivision. Density of proposed subdivision
should be of a rural nature. Generally, lots should be at least two
(2) acres with a frontage of 200' or more.
1.4 Location in respect to existing growth pattern of City: Probability
of annexation within ten (10) years.
1.5 Capability of rural water system to service proposed development
within existing plant capacity and water contract.
1.6 Frontage requirement may be waived if lot has an access easement to
a highway recorded with the plat.
SECTION 2. Area of Development Within Extraterritorial Jursidiction
(Ref. Resolution No. 1057)
Within the extraterritorial jurisdiction of Wichita Falls, development
should comply with the Subdivision Regulations, Building Code, Electrical Code,
Plumbing Code and any other ordinance or regulation which applies within the City
of Wichita Falls. (Ref. Resolution 1057, Section 1, Paragraph 3.)
2.1 Proposed Subdivision Within Extraterritorial Jurisdiction
A. Action Required by Developer
1. Obtain indication from rural water system that required water
taps are available.
2. Submit plat of proposed subdivision for review and approval to
Wichita Falls Planning Board.
3. Submit plat of proposed subdivisions which have new street
dedications to the appropriate County Commissioners Court for
review and approval.
4. Record plat with appropriate County Clerk.
5. Submit approved, recorded plat to Planning Division.
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B. Action by City
1. Determine that proposed subdivision does not exceed water
contract using per tap average consumption.
2. Approve or disapprove authorization for sale of water by rural
water system.
SECTION 3. Area of Development Outside Extraterritorial Jurisdiction
3.1 Federal or State Highway Frontage, lot area two (2) acres or more
with a minimum of two hundred (200) feet frontage
A. Action Required by Developer
1. Obtain indication from rural water system that required water
taps are available.
2. Submit plat of proposed subdivision to the appropriate County
Commissioners Court for review and approval.
3. Record plat with appropriate County Clerk.
4. Submit approved, recorded plat to Planning Division.
B. Action by City
1. Determine that proposed subdivision does not exceed water
contract using per tap average consumption.
2. Approve or disapprove authorization for sale of water by the
rural water system.
3.2 Federal of State Highway Frontage, lot area less than two (2) acres
and/or road frontage of lot is less than two hundred (200) feet.
A. Action Required by Developer
1. Obtain indication from rural water system that required water
taps are available.
2. Submit plat of proposed subdivision for review and approval
to Wichita Falls Planning Board.
3. Submit plat of proposed subdivision to the appropriate County
Commissioners Court for review and approval.
4. Record plat with appropriate County Clerk.
5. Submit approved,- recorded plat to Planning Division.
e
B. Action by City
1. Determine that proposed subdivision does not exceed water
contract using per tap average consumption.
2. Approve or disapprove authorization for sale of water by rural
water system.
3.3 County Road Frontage, lot frontage along county road or a proposed
county road.
A. Action Required by Developer
1. Obtain indication from rural water system that required water
taps are available.
2. Submit plat of proposed subdivision for review and approval to
Wichita Falls Planning Board.
3. Submit plat of proposed subdivision to the appropriate County
Commissioners Court for review and approval.
4. Record plat with appropriate County Clerk.
5. Submit approved, recorded plat to Planning Division.
B. Action by City
1. Determine that proposed subdivision does not exceed water
contract using per tap average consumption.
2. Approve or disapprove authorization for sale of water by rural
water system.
SECTION 4. Approval or Disapproval of Water Sales to Rural Subdivisions
The City Manager shall reply to requesting agency or persons by letter
within thirty (30) days of receipt of approved, recorded plat. No water shall
be supplied to the area under consideration until after written approval has
been received from the City Manager.
THE STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT, executed in duplicate, is made and
entered into by and between the City of Wichita Falls , Texas ,
a municipal corporation, hereinafter called "City" , acting
herein by and through its duly authorized City Manager, and
the Wichita Falls Board of Commerce & Industry, a non-profit
corporation, hereinafter called "BCI" , acting herein by and
through its duly authorized representative.
WHEREAS , the City Council of the City of Wichita Falls
has enacted an ordinance levying a tax of four percent (4%)
upon hotel and motel occupancy within the City; and,
WHEREAS , the City of Wichita Falls desire that a portion
of the proceeds derived from said hotel and motel occupancy
tax, as set out herein, be used for the promotion, solicitation,
encourayement and development of tourism and conventions for
the City of Wichita Falls;
NOW, THEREFORE, in consideration of the premises herein,
the City and the BCI hereby agree as follows :
1 .
City does hereby employ, engage and hire the BCI to
manage and operate a Convention and Visitors Bureau and to
render the services herein contemplated, and the BCI does hereby
agree to accept such hiring , engagement and employment and to
discharge such duties in accordance with the terms and conditions
herein set forth.
2 .
The BCI is hired and engaged as an independent contractor
and is not an officer, agent or employee of the City.
3 .
The Convention and Visitors Bureau, to be managed and
operated by the BCI , shall encourage, promote and solicit
tourism and conventions for the City of Wichita Falls .
4 .
To assist the Convention and Visitors Bureau in encouraging,
promoting and soliciting tourism and conventions for the City of
Wichita Falls, the BCI shall appoint annually an advisory Board
of Convention and Tourism Activities composed of at least seven
(7) members. The Board of Convention and Tourism Activities
shall perform, among others , the following functions :
A. It shall encourage and promote the development of
Tourism and conventions in the City of Wichita Falls.
B. It shall recommend to the BCI and its Convention and
Visitors Bureau, projects and programs, to promote,
encourage and solicit tourism and conventions for
the City of Wichita Falls.
C. It shall advise and assist the BCI in the preparation
of the annual budget of the Convention and Visitors
Bureau.
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S
5.
The BCI shall hire and employ a manager of the Convention
and Visitors Bureau and other employees as necessary. Said
Manager shall be a full_-time employee of the BCI and shall devote
his time to the promotion and solicitation of tourism and con-
ventions for the City of Wichita Falls .
6 .
Tourism development shall include such functions as :
1 . Participation in travel shows (such as Dallas,
Des Moines, Kansas City, Houston and St. Louis)
to promote the City within our geographic region.
2 . Informational activities at area airports, at Texas
Tourist Bureau outlets, at motel information desks,
and other appropriate places .
3 . Development of package tours and the marketing of
those tours via the International Association of.
'Pour Group Brokers and the personal relationships
to be developed with that association. Fixed cost
tours , including meals, rooms and other activities,
will promote the low-occupancy days of the interested
motel properties .
4 . Development of a theme accentuating the cultural
heritage of Wichita Falls as a West Texas trading
and oil center .
5 . Conduct familiarization tours of the area. Tours
would resuLt in greater publicity and knowledge of
the city by such influential groups as the AAA Tourist
Counselors , the Texas Highway Department Tourist
Counselors, 'Texas Information Center employees, Texas
Tourist Development Agency employees and writers, and
the Discover Texas Association.
6 . Involvement. and membership in the appropriate groups
as well as the Discover America First Association .
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.i
7 .
Convention solicitation shall include such functions as:
1. Development of an advertising plan for and personal
relationships with state and regional association
executives who make the critical locational decisions.
2 . Sales or "Blitz" trips to major regional organization
offices including Austin, Dallas, Houston, San Antonio
and Oklahoma City.
3 . Participation in trade shows including the annual
conventions/shows of the Texas Society of Association
Executives , American Society of Association Executives,
the Discover Texas Association and the 'Texas Tourist
Development Agency .
4 . Travel on a regional basis to solicit conventions with
emphasis on state and sub-state level affairs .
5 . Develop local interest in bidding for and hosting
locally sponsored meetings in Wichita Falls .
6 . Maintain a relationship with major corporate accounts
to entice regional business conferences .
7 . Work to promote the use of the Activities Center and
Memorial_ Auditorium as sites for use by visiting
groups .
8 . Provide assistance in coordinating hotel-motel
reservations for convention groups.
9 . Assist in setting up and operating convention
registration facilities .
8 .
The BCI shall submit to the City Manager by June 30 of
each year an annual operating budget for the Convention and
Visitors Bureau for the next fiscal year . Said budget shall
reflect the proposed expenditures to be made by the Convention
and Visitors Bureau and the purposes for which said expenditures
are to be made. Said budget shall reflect the expenditures to
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be made during Each quarterly period. For the purpose of this
agreement, "quarterly period" shall mean the regular calendar
quarters of the year, the first quarter being the months of
October, November and December; the second quarter being composed
of the months of January, February and March; the third quarter
being composed of the months of April , May and June; and the
fourth quarter being the months of July, August and September .
No payments shall be made under this agreement by the City to
the BCI until the annual budget has been approved by the City
Council . The annual budget may not be amended without the
written consent of the City Council . Approval of said budget
shall automatically renew this contract. The annual budget
shall equal. approximately 25% of the estimated annual receipts
obtained by the City from the 4% hotel-motel occupancy tax.
9 .
No expenditure may be made by the Convention and Visitors
Bureau or by its manager or employees unless such expenditures
shall first be approved by the Executive Vice President of the BCI .
10.
The City Manager, or his designated representative, shall,
on reasonable notice, have the right to inspect all books and
records of the Convention and Visitors Bureau.
11 .
It is expressly understood and agreed by the City and
the BCI that all. funds received from the Hotel-motel tax that
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are paid to the BCI shall be used solely for the purpose of
encouraging, promoting and soliciting conventions and tourism
for the City of Wichita Falls.
12 .
It is understood and agreed that either party may
terminate this contract by giving to the other party notice
in writing of said termination thirty (30) days in advance.
13 .
Upon termination of this agreement, unless it be renewed,
the BCI shall deliver to the City all unencumbered funds derived
from the hotel-motel occupancy tax and all removable personal
property that may have been purchased with funds derived from
said tax.
14 .
The BCI agrees to indemnify, save harmless, and defend
the City of Wichita Falls from any and all claims, causes of
action and damages of every kind arising from the operations
of the BCI , its officers, agents and employees including the
Convention and Visitors Bureau and its officers, agents and
employees, carried out in furtherance of this agreement and
specifically including any and all acts of negligence by the
City of Wichita Falls, its agents, officers and employees. The
BCI shall carry or cause to be carried general public liability
and automobile liability insurance on all operations embraced
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by this agreement. The BCI shall also procure contractual
liability insurance, the cost of said insurance policies to be
an expense of the Convention and Visitors Bureau.
EXECUTED in duplicate originals this the 2nd day of
July 1980
CITY OF WICHITA FALL
ATTEST:
By: Cit Clerk Fay: City Ma der
WICHITA FALLS BOARD OF
COMMERCE & INDUSTRY
ATTEST: J
By: _ By xecut ' e Vice President
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