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Min 07/08/1980 95 Wichita Falls, Texas Memorial Auditorium Building July 8, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called 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. James B. Thomas Aldermen Horace 0. Boston Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Judy Baird Assistant City Clerk Carol Russell Absent Curtis Smith Absent The invocation was given by Alderman Traywick. Item 3 Moved by Alderman Traywick that minutes of the meeting held July 1 , 1980, be approved. Motion seconded by Alderman Thomas, and carried unanimously. v Item 4a A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3694 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Traywick that Ordinance No. 3694 be passed. Motion seconded by Alderman Boston. Alderman Traywick asked about the plan to terminate the state of emergency. Gerald Fox, City Manager, stated ordinances were adopted to extend temporary placement of mobile homes until the end of August. Upon the expiration of those ordinances and the removal of all the mobile homes, there would be no need to extend the state of emergency. Ernest Lillard, Director of Public Works, stated there were 16 private mobile homes on site for rebuilding of homes. All are working on their homes. All government mobile homes are gone. City Attorney H. P. Hodge, Jr. stated the main reason for declaring a state of emergency is one ordinance has to do with deed restrictions in certain sub- divisions. There .are many mobile homes on private lots in a subdivision with deed restrictions. Alderman Hampton stated this could go on for years. It costs the City time and money to declare the state of emergency. Mayor Hill stated it is time to discontinue this and let the people who are rebuilding know that time is running out. The City Manager stated it would be proper to notify the remaining 16 people that the state of emergency will not be extended past August 31 , 1980. Mayor Hill instructed Director of Public Works Ernest Lillard to notify the 16 people in person and in writing about this. 96 Item 4a, cont'd. The motion carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays : None Item 4b Discussion was held on the sprinkler system (fire) improvements at the Activities Center, and a proposed appropriation ordinance was presented. Mayor Hill asked didn't the Fire Department previously approve everything which had to be corrected? The City Manager stated everything except the sprinkler system. An engineer was going to look at the system and report on it. Alderman Thomas clarified we are in violation of the Code in exhibit areas 1 and 2 only. If we wanted to do this as inexpensive as possible it would take $6,000 to do exhibit areas 1 and 2. Otherwise, it would take $32,000 to do the whole building. ORDINANCE NO. 3695 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AUDITORIUM/ACTIVITIES CENTER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3695 be passed, and also authorize a change order to rework the sprinkler system throughout the entire Activities Center. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays : None The City Manager clarified that Rorabaugh Mechanical Co. was the only certified fire sprinkler inspector in the city. ✓ Item 5b Two proposed resolutions were presented authorizing execution of grant agreement for Federal assistance for improvements at Municipal Airport. RESOLUTION NO. 2574 RESOLUTION APPROVING GRANT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND FEDERAL AVIATION ADMINISTRATION FOR FUNDING ASSISTANCE RELATIVE TO REMODELING AND ADDITIONS TO RESTROOM FACILITIES AND HEATING/AIR CONDITION- ING SYSTEM AND ENCLOSE PASSENGER WALKWAYS AT MUNICIPAL AIRPORT. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract and grant agreement, a copy of which is attached hereto, between the City of Wichita Falls and Federal Aviation Administration, for funding ,- assistance relative to remodeling and additions to the restroom facilities and remodeling of heating/air conditioning system and enclosing passenger walkways at Municipal Airport Terminal Building, is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2574 be passed. Motion seconded by Alderman Traywick. Alderman Traywick asked what part is the City obligated to bear on this project? Jack Griffin, Acting Director of Traffic, stated on paving it is 10 per cent and on the building it is 50 per cent. The City Manager stated the amount on the building is $104,000 and the amount on the paving is $10,000. The motion carried by the following vote. 97 -'Item 5b, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays: None RESOLUTION NO. 2575 RESOLUTION APPROVING GRANT AGREEMENT BETWEEN CITY OF WICHITA FALLS AND FEDERAL AVIATION ADMINISTRATION FOR FUNDING ASSISTANCE RELATIVE TO REPAIRS AND REPLACEMENT OF PORTIONS OF COMMERCIAL AVIATION RAMP AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract and grant agreement, a copy of which is attached hereto, between the City of Wichita Falls and Federal Aviation Administration, for funding assistance relative to repairs and replacement of portions of the commercial apron at Municipal Airport, 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. 2575 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays: None v Item 6a A proposed resolution was presented accepting construction of sitework at the Activities Center. The City Manager stated the sitework consisted of doing loth Street, moving utility lines, and constructing the planter boxes. /RESOLUTION NO. 2576 RESOLUTION ACCEPTING CONSTRUCTION OF SITEWORK AT WICHITA FALLS ACTIVITIES CENTER. WHEREAS, the City of Wichita Falls and Hambrick-Craig General Contractors, Inc. , entered into a contract dated August 15, 1979, whereby said contractor agreed to construct certain sitework at the Wichita Falls Activities Center; and, WHEREAS, the construction of said improvements has been completed in accordance with the plans and specifications; and, WHEREAS, Certificates for Payment No. 7 and No. 8 have been submitted on this project, which show a total amount of work done as $148,560, of which $139,036 has been paid, leaving a balance due of $9,524. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the sitework at Wichita Falls Activities Center is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to said contractor the balance due as shown above. Moved by Alderman Thomas that Resolution No. 2576 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays : None Item 6b A proposed resolution was presented approving Change Orders No. 7 and No. 8 for remodeling the Activities Center. The City Manager stated these items were added to the project as a result of the Fire Marshal 's inspection. 98 Item 6b, cont'd. y RESOLUTION NO. 2577 RESOLUTION APPROVING CHANGE ORDERS NO. 7 THROUGH NO. 8 TO THE CONTRACT WITH HAMBRICK CRAIG GENERAL CONTRACTORS, INC. FOR RENOVATION AND NEW CONSTRUCTION OF THE WICHITA FALLS ACTIVITIES CENTER. WHEREAS, heretofore the City of Wichita Falls and Hambrick Craig General Contractors, Inc. entered into a contract dated December 11 , 1978 for the reno- vation and new construction of the Wichita Falls Activities Center; and, WHEREAS, there have been two additional change orders to such contract, which increased the contract amount of $17,189, these being Change Order No. 7 through Change Order No. 8. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those two change orders, being Change Order No. 7 through Change Order No. 8, to such contract dated December 11 , 1978 with Hambrick Craig General Contractors, Inc. , are hereby approved and accepted. Moved by Alderman Boston that Resolution No. 2577 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays : None J Item 7a Discussion was held on the fleet insurance proposal . The City Manager stated the City has liability coverage on the fleet for $25,000 per individual bodily injury, $50,000 per occurence bodily injury, and $10,000 property damage. The Council requested a study on other options available to us. After discussions with our people, we have come up with a program that should be considered by the Council . A liability limit of $100,000 per individual bodily injury, $300,000 per occurence bodily injury, and $100,000 property damage with a $25,000 combined bodily injury and property damage per occurence deductable with an annual stop loss of $100,000. This coverage would cost $55,000 annually plus adjustment fees. Alderman Thomas asked if we were obtaining unlimited coverage? Alderman Traywick stated this proposal does not mean that. No one would sell $1 million coverage. Alderman Thomas asked about coverage when someone falls down the stairs? Mark Wilson, Risk Management, stated the City does have insurance on some of the buildings, but not in the parks. Coverage is up to $300,000 per person. Moved by Alderman Thomas to adopt the new plan at the first opportunity. Motion seconded by Alderman Boston. The City Manager stated if our present policy was cancelled now, we would be short rated. He suggested implementing the plan by October 1 , 1980. The motion carried unanimously. Alderman Thomas stated he knows of adjustment companies with the GAB. There might be some independent adjusters that would do this work for less than $110. If this can be cut to $75, then let's do it. / Item 7b Discussion was held on City funding for midtown Christmas lighting decorations. City Manager Gerald Fox stated the Downtown Association is requesting approximately $12,000 for Christmas decorations in the midtown area. This was not included in the 1980-81 budget so adjustments will be necessary. They are asking the money be taken from the parking meter fund. Revenue in the parking meter fund is over $100,000. Aldermen Traywick stated this could be postponed until the budget was considered. i 99 Item 7b, cont'd. Mayor Hill asked why there should be a change in this? He stated he does not buy the parking meter business. Parking meters have nothing to do with Christmas decorations. Why should the City of Wichita Falls begin picking up tabs here and there? J. C. Boyd, Jr. , member of Downtown Association, appeared stating the reason the Downtown Association does not buy the new lighting fixtures is because they do not have the money. The fixtures are going on public light poles on city streets. Historically, the City has supplied electricity for the lights. The Fire Department has installed and removed the lights. The Downtown Association paid for the storage at People's Electric and the refurbishing of the decorations. These new decorations are windproof. He stated they are prepared to store and maintain them, but they do not have the money to buy them. Millions of dollars have been taken from the parking meters. It has been a drain on the downtown businesses. Some cities have taken out parking meters and provided free public parking. Christmas lighting will bring more people downtown. Alderman Traywick asked didn't the Downtown Association oppose free parking? Mr. Boyd stated they tried that on Saturday mornings thinking it would bring people downtown. By 9:00 o'clock Saturday morning the parking meters were filled. You have to have the turn over to bring people downtown. Alderman Traywick stated he does not oppose this, but it should be considered during the budget. Mayor Hill asked if this was the total cost? Mr. Boyd stated this bid he received is good for 90 days. Mayor Hill asked why are we more obligated to downtown than to Sikes Senter or Parker Square? Mr. Boyd stated it is because the City owns the streets downtown. Sikes Senter and Parker Square have private streets. Mayor Hill stated Sikes Senter and Parker Square have furnished their own parking. The City of Wichita Falls has furnished parking for downtown. Mayor Hill questioned this. He does not know if this is the correct place for tax dollars. Mr. Boyd stated more money has been spent on the intersection at Call Field and Kemp than downtown. All the money is being spent out there and nothing is coming back. Alderman Thomas stated it was because of the traffic there and there isn't any traffic downtown. Mr. Boyd disagreed. Moved by Alderman Traywick that this be considered in the 1980-81 budget. Motion seconded by Alderman Thomas, and carried unanimously. Item 7c A proposed resolution was presented declaring certain land to be surplus land, and directing said land be advertised for sale. RESOLUTION NO. 2578 RESOLUTION DECLARING CERTAIN LAND OWNED BY CITY IN BLOCK 240, ORIGINAL TOWN, TO BE EXCESS AND SURPLUS LAND, AND DIRECTING THAT SAID LAND BE ADVERTISED FOR SALE ON SEALED BIDS. WHEREAS, by Resolution No. 2173, adopted July 11 , 1978, the Board of Aldermen determined the necessity of acquiring Block 240, Original Town of Wichita Falls , for midtown improvements project, specifically a Human Resource Center, and they authorized the City Manager to purchase or condemn such land; and, WHEREAS, since that time the City has purchased by negotiation all of such block except Lots 8, 13, and 14; and, WHEREAS, although the adoption of such Resolution 2173 and the acquisition of such property by the City were made in good faith for the construction of such Human Resource Center, it is now found that such public purpose is no longer viable, and such land is excess and surplus, and should be sold by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 100 Item 7c, cont'd. SECTION 1 . The necessity of acquiring Block 240, Original Town of the City of Wichita Falls, as determined in Resolution 2173, and the public purpose on which it was based, no longer exist. SECTION 2. The land owned by the City of Wichita Falls in Block 240, Original Town, the same being all of such Block 240 except Lots 8, 13, and 14, is declared to be excess and surplus land, and should be sold by the City. SECTION 3. The City Manager is hereby authorized and directed to publish in a newspaper of general circulation in Wichita County, Texas, a notice that such land is to be offered for sale to the general public on sealed bids in accordance with Article 5421c-12, Revised Civil Statutes of Texas; notice shall be so given on at least two separate occasions, and no sale shall be held less than fourteen days after the last notice. The sale shall be made subject to the following qualifications : A. A minimum bid of $294,000 will be required. B. The sale and deed would be subject to a condition subsequent that the title to the land would revert to the City unless the purchaser submitted to the City within six months of the deed preliminary plans for private development, begin actual construction of improvements on such land within eighteen months of the deed, and invested a minimum of 5 million dollars in the development of such property. Moved by Alderman Thomas that Resolution No. 2578 be passed. Motion seconded by Alderman Boston. Alderman Hampton requested the reason behind this be brought forth. City Manager Gerald Fox stated in 1977 or 1978, the Council authorized a study be done for a Human Resource complex. This was submitted to the Council . Property between Burnett and Broad, and the Wichita River and 5th Street would be a good location for a Human Resource complex to include offices relating to social service functions. In July, 1978, the Council authorized purchase of these properties. First to be cleared was Block 240, which has less than 4.5 acres. All the property has been purchased except for three lots. These properties have been held for one year, and there has been no move to take advantage of these properties by the agencies. We have had some contact concerning the principal uses of these properties by private services. The Council should consider the land for private development. If this is done, the City needs to establish a minimum value for the property, a minimum investment for the property, and plans and specifications and construction to begin within a time frame. If it is sold for private investment, all tax entities could receive substantial benefit. The type of development that has been discussed is a hotel -motel . If a successful bidder meets the terms and conditions of the sale, this could be a substantial benefit to the community for employment and in having another hotel-motel available. There are no plans for public use of the land at this time. There had been a need to purchase it because the property was sub- standard. The City should be able to recoup most, if not all , of its cost from the property. Alderman Thomas asked about a minimum bid. Mr. Fox stated investment at this time is $278,862 with the three additional lots valued at $14,300. There is no interest or expense in them. The land was appraised at $1 .00 per square foot which would be a total of $184,000. Mr. Fox suggested the City establish a minimum of $1 .25 per square foot. Alderman Thomas stated land abutting freeway should go for more than $1 .25 per square foot. Alderman Traywick stated if a private enterprise had tried to acquire that land originally, it would have been at a considerable expense. It was then clarified it would take $294,000 to get the City's investment back. Alderman Thomas stated the three lots would be bought by other people. J. C. Boyd, Jr. appeared stating the City did not pay anything for the property. The City is not out anything. Alderman Hampton stated it is still tax money. No matter where it comes from it is still tax money. Mr. Boyd stated the City has a right to sell it for any amount as long as it is of sufficient magnitude to the city. If a person is going to build a $5 million investment, that is to his advantage. 101 Item 7c, cont'd. The motion carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays: None The City Manager suggested a minimum bid of $1 .60 per square foot. Alderman Thomas stated this is still at a good price. Item 5a Mayor Hill stated this item concerning the petition on the sanitary landfill is going to be discussed; however, another council person is needed in order to have a 4/5 vote. Alderman Traywick asked for an explanation regarding the charter requirements on calling an election at the next regular council meeting, but this being a special meeting. City Attorney H. P. Hodge, Jr. , stated that the Charter provides after a referendum petition is filed with the City Clerk and the Clerk finds it meets the provisions of the charter, the City Clerk then certifies that fact to the Board of Aldermen at the next regular meeting. It is his opinion, even though this is a special meeting, the City Council has been meeting regularly every Tuesday morning for over a year, although two meetings are regular and two or three are called meetings. Mandatory principles in the law must be followed to the letter or action is considered invalid. Directory principles do not have to be followed to the letter. In this case, the Council has been meeting regularly for 14 to 15 months. A notice has been posted every Thursday preceding the meeting on Tuesday. The difference has been strictly a technicality. In his opinion, this is substantial compliance with the charter. It was clarified that if action is not taken today or tomorrow this could not be brought to a referendum election until the third Saturday in January, 1981 . Mayor Hill stated they are not wanting to postpone this. Six council members are needed for the 4/5 vote. Mr. Smith and Mrs. Russell are both out of town. Mrs. Russell will possibly be back tomorrow. Alderman Hampton asked if the Committee of Petitioners had any compromises at this time? Jim Rivkin, 4509 Jennings, member of the Committee of Petitioners, asked if another council member could not be reached, will the study be continued? Mayor Hill stated they would like to clear this up. He does not want to go in and spend a lot of money and then have to leave. Alderman Thomas stated they are going ahead. Each council member then stated they supported a referendum election. Mr. Rivkin stated if this goes into January for an election, then another site should be looked at. Alderman Traywick stated if another site is looked at there would be another referendum. Mr. Rivkin stated the landfill should not be close to anybody's city limits. Myrtis Pauling, 6727 Geronimo, appeared and asked Alderman Hampton what he meant by compromises? Alderman Hampton stated he meant if the petitioners had any changes to their petition at this time. City Attorney H. P. Hodge, Jr. stated this only applies to an initiative petition. Lorna Higginbotham, 4503 Jennings, member of the Committee of Petitioners, appeared stating Ernest Lillard had said the present dump could be extended for a short period of time. Mrs. Higginbotham asked Mr. Lillard if he had any figures? Director of Public Works, Ernest Lillard, stated he is talking about 30 to 45 days. v RESOLUTION NO. 2579 RESOLUTION DECLARING RESOLUTION NO. 2529 TO BE AN EMERGENCY MEASURE. WHEREAS, at the time the Board of Aldermen adopted Resolution No. 2529 on May 20, 1980, such Board determined that the present sanitary landfill has a remaining life of approximately six months, and that time was needed to select a 102 Item 5a, cont'd. site for a new landfill , obtain a permit from the State Department of Health, and prepare the new landfill for operation; that each of these steps, including Resolution No. 2529, constituted an emergency on the ground of urgent public need for the preservation of the health of the City, as a new landfill is necessary when the old landfill is exhausted; and, WHEREAS, although these findings were made, it was not specified in Resolution No. 2529 that it was an emergency measure, although in fact it was. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2529 was passed as an emergency measure, and is in fact an sue. emergency measure, on the ground of urgent public need for the preservation of the health of the City, by providing a new landfill site where solid waste generated and collected in the City can be disposed of. Such resolution shall not be suspended from going into operation while referendum proceedings are pending. Moved by Alderman Hampton that Resolution No. 2579 be passed. H. P. Hodge, Jr. , City Attorney, stated the reason for this is that when an ordinance is passed, it does not become effective until 30 days. If it is passed with 'an emergency measure, it becomes effective immediately. A resolution that is passed becomes effective immediately. When Resolution No. 2529 was passed, there was no emergency measure. Now a question has risen. There is some language in the charter which states when an election is called that unless it is an emergency it will be suspended until the next regular municipal election. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Thomas, and Boston Nays: None The City Manager stated if there is some matter of compromise that could be offered to the Council , then the Council could rescind Resolution No. 2579. The Board of Aldermen recessed at 10:10 A.M. until 10:00 A.M. Wednesday morning. Page 1 of 7 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1-Offer Date of Offer ,Tune 24, 1980 Sheppard AFB/Wichita Falls Municipal Airport Project No. 6-48-0227-07 Contract No. DOT FA 80 SW-8009 TO: The City of Wichita Falls, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a a ant of Feect deral funds forlication June a project ford1980 elop- ' g Airport herein called mentofthe Sheppard AFB/Wichita Falls Municipal P the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof;and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project")consisting of the following-described airport development: Refurbish portions of terminal building. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5700-13 PG. 1 (1C71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1 Page 2 of 7 page ; NOW THEREFORE. pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, fifty percentum of all allowable project costs. This, Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be 5 104,000.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c). carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 --- 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. I FAA FORM 5100-13 PG. 2 (7-72) SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 7 Pages 5. The FAA reserves the rightto amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before August 23,1980 or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. a. Policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. b. MBE Obligation. (i) The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. c. If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. FAA Form 5100-13 SW Sup (5/80) Page 4 of 7 pages 9. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 10. It is understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result. in suspension, cancellation or termination of federal assistance under the Agreement. 11. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". 12. The federal government does not now plan or contemplate the construction of any structures pursuant to paragraph 27 of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the federal government under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior grant agreements to furnish rent-free space and/or cost-free areas for the activities specified in such agreements. FAA Form 5100-13 SW SUP (12/21/76) Page 5 of 7 pages 13. The airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached to the Project Application dated May 2, 1974, for Project No. 8-48-0227-01, and in the preliminary plans and specifications approved by the FAA on June 24, 1980. 14. The Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 15. Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B; each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 16. It is understood and agreed that no part of the federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101. et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. FAA Form 5100-13 SW SUP (2-80) Page 6 of 7 pages 17. Zhe Sponsor hereby covenants and agrees that it will not. advertise for bids, award any contract or conmence constriction for any items of airport development to be acccrrplished under this project until it has submitted finial plans and specifications satisfactory to the A&Lini- strator and such plans and specifications have been approved; and it is further understood that the United States will not make nor be obli- gated to make any payment for such items of airport development under this Gant Agreement until the Sponsor has submitted such plans and specifications and they have been approved as herein provided. The Sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before ninety days from the date of this Gant Agreement. Page 7 of 7 i,ages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor. as herein after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operatirns and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance, provided, however, that this time limitation shall not apply to real property acquired with federal assistance . UNITED STATES OF AMERICA FE PAL Al IATION ADMINISTRATION �` ` `.� . Chie (TITLE) i ` Safety and Standards B anch Part 11-Acceptance The City of Wichita Falls, Texas, does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this. . . . .`. . `. . . . . . . . . . . . . . day of . . . . .,:. i t. . . . ... . . . . . . . . . . . . . . , 19. .$4.. CITY OF WICHITA FALLS, TEXAS . . . . . . . . . . . . . . . . SEAL) (Name of po sor) / - - By f , Attest. . /mot x y cl1 : : L t�.�. . . . . ... . . . . . . . . . . . . . . . . . . . . . Title:. . .C ��:f .J. . . . Title . . . . . . �. . :� :�'. .".`. . . . . . . . . . . . 1 .4 . . . . . . . . . . ✓ `f. CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of this State, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 19 so Title FAA Form 5100- 13 (10-71) ASWRO CJ Page 1 of 6 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1-Offer Date of Offer June 20, 1980 Sheppard AFB/Wichita Falls Municipal Airport Project No. 6-48-0227-06 Contract No. DOT FA 80 SW-8008 TO: The City of Wichita Falls, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated dune 19, 1980 , for a grant of Federal funds for a project for develop- ment of the Sheppard AFB/Wichita Falls Municipal Airport(herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof;and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Rehabilitate portion of terminal apron (approx. 2,000 s.y.); install controlled access gates. r all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 1 (10-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1 Page 2 of 6 pages NOW THEREFORE. pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970. as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay. as the United States share of the allowable costs incurred in accomplishing the Project, ninety percentum of all allowable project costs, This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be S 100,000.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety dak•s after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; L (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.6;3 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 1522.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM $100-13 PG, 2 (7-72) SUPERSEDES PREVIOUS EDITION PAGE 2 I Page 3 of 6 Pas.;s S. The FAA reserves the rightto amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before August 19,1980 or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. a. Policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. b. MBE Obligation. (i) The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. c. If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance.. FAA Form 5100-13 SW Sup (5/80) i Page 4 of 6 pages 9. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 10. It is understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and -in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of federal assistance under the Agreement. 11. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". 12. The federal government does not now plan or contemplate the construction of any structures pursuant to paragraph 27 of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the federal government under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior grant agreements to furnish rent-free space and/or cost-free areas for the activities specified in such agreements. FAA Form 5100-13 SW SUP (12/21/76) Page 5 of 6 pages 13. The airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached to the Project Application dated May 2, 19'/4, for Project No. 8-48-0227-01, and in the plans and specifications appi,oved by the FAA on June 17, 1980, 14. The Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto, 15. Assurance Number 18 of Part V of the project application incorporate(! herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification. or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B, each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 16. It is understood and agreed that no part of the federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101. et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. FAA Form 5100-13 Sq SUP (2-80) i Page 6 of 6 pages The Sponsor's acceptance of this Offr-r and ra ifica ion and adoption of the Project Application incorporated herein shall be evidenced by execu ion of this instrument by the Sponsor, as herein- after provided and said Offer and Acceptance shall comprise a Grant Agreement, as provided h,_. the Airport and Airway Development Ac of 1970 c nstitu ing the obligations and rights of !hc United States and the Sponsor with respect to the accomplishment of the Project and the opeljlr n and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor acceptance of this Offer and shall remain in full force and effect throughout the useful life of t, e facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance, provided, however, that this time limitation shall not appl , to real property acquired with federal assistance . UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATH11 . By. y. . . . . . . . . . . . . . . . . . . T . .: Chief (TITLE) Safety and Standards Branch 1� Part II-Acceptance The City of Wichita Falls, Texas, does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this. . .'. .''= . . . . . . . . . day of . . . . . . . ... . . . CITY OF WICHITA FALLS, TEXAS (SEAL) . . . . . . . . . . . . . I . . . . . . . . . . . . . N m of ponsor) + By Attest .��. Title . . . . . / . . . . . . . . . . . . .'!.�- c Title:. . /. . _. _ :�. . . . . . . . . . . . . CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of this State, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 19 Title FAA Form 5100- 13 (10-71) ASWRO