Min 07/15/1980 i
105
Wichita Falls , Texas
Memorial Auditorium Building
July 15, 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
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
Curtis Smith Absent
The invocation was given by Alderman Thomas.
Item 3
Moved by Alderman Thomas that minutes of the meeting held July 8 and reconvened
on July 9, 1980, be approved.
Motion seconded by Alderman Boston, and carried unanimously.
Items 4a-6b
Moved by Alderman Hampton that Items 4a through 6b on the Consent Agenda be
approved.
Motion seconded by Alderman Russell .
v Item 4a
ORDINANCE NO. 3696
ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas , and Boston
Nays: None
,Item 5a
.'RESOLUTION NO. 2581
RESOLUTION APPROVING PIPE LINE LICENSE FOR SANITARY SEWER CROSSING UNDER
MKT RAILROAD IN EXPRESSWAY EAST INDUSTRIAL DISTRICT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain pipe line easement, a copy of which is attached hereto, whereby
Missouri-Kansas-Texas Railroad Company authorizes the City to construct a six inch
sanitary sewer line across its right-of-way, is hereby approved, and the City Mana-
ger is authorized to execute the same for the City of Wichita Falls.
Alderman Traywick inquired into the reason for striking one phrase from Para-
graph 3, Article II of the Pipe Line License. City Attorney H. P. Hodge, Jr.
explained the reason for this.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
106
✓Item 5b
RESOLUTION NO. 2582
RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR
UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM IN SOUTHERN HILLS PARK.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain easement, a copy of which is attached hereto, for an underground
electric distribution system in Southern Hills Park, from the City of Wichita Falls
to Texas Electric Service Company, 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 , Thomas , and Boston
Nays: None
d' I tem 5c
RESOLUTION NO. 2583
RESOLUTION APPROVING CONTRACT WITH CORLETT, PROBST & BOYD FOR ENGINEERING
SERVICES CONCERNING SANITARY SEWER IMPROVEMENTS FOR TANGLEWOOD AND ADJACENT
AREAS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and Corlett, Probst & Boyd for engineering services in connection
with sanitary sewer improvements for Tanglewood and adjacent areas , is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
Some discussion was held on extension of city services farther out, and con-
trolling the growth of the City by extension of these utilities.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas , and Boston.
Nays: None
Item 6
Minutes of the following meetings were received.
a. Mayor's Commission on Status of Women--June 5, 1980
b. Traffic Safety Council--July 2, 1980
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays : None
� Item7a
Jim Jameson, a Fire Department employee, was honored as Employee of the Month
for July. Mayor Hill presented him with a plaque and two tickets each to a theatre
and dinner.
J Item 7b
Weekley Bradford was also recognized by Mayor Hill for his servfce as a member
of the Traffic Safety Council from March 21 , 1978 to May 7 , 1980.
/ Item 7c
Robert Seabury presented a proposal for a clean-up campaign in Wichita Falls.
He recommended the following ideas, and necessary funding, as needed, by the Council .
1 . An anti-littering campaign
2. Street clean-up
3. Vacant lots and weeds clean-up
i
107
Item 7c; cont'd.
The Board of Aldermen responded favorably to the need for such a campaign.
City Manager Gerald Fox indicated that it is time for the community to bind
together, and have citizen input into such a program. The Council would have to
address,recources needed which might be recommended by a citizen committee. The
City Manager stated that the staff would put together some ideas for the Council
to consider. An ad hoc committee was recommended.
Item 8a
A proposal was presented by United Contract Services , Inc. to consider a
vanpool franchise. City Manager Gerald Fox explained that the proposal merited
consideration to see if the business is here.
Joe A Dotson, 4405 Canberra, noted that there are a few things in the ordin-
ance which they would like to discuss further with the City Attorney before the
Council takes any action on it. He stated that there are 1579 vansin service in
the State of Texas. Texas leads the nation in vanpool programs. Almost all van-
pools are completely owned by companies for employees of that company. There are
not many private vanpool programs in the state. The basic question is can they
provide a service cheap enough to make people use it? They plan to start with
one van, and expand as the need arises. They feel that by taking it one step at
a time, the success of the first two or three will be the cornerstone of the pro-
gram. If the rates are fair, there are a lot of people who will take advantage
of it. He suggested a four-year franchise.
The Board of Aldermen favored allowing private enterprise the opportunity to
try this, and will take no action until the company has discussed it further with
Mr. Hodge.
✓Item 9a
A proposed resolution was presented approving assignment of Budget Rent-A-Car
lease at Municipal Airport.
✓'RESOLUTION NO. 2584
RESOLUTION APPROVING ASSIGNMENT OF BUDGET RENT A CAR LEASE AT WICHITA
FALLS MUNICIPAL AIRPORT TO JAY-WEY INVESTMENTS, INC.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain assignment, a copy of which is attached hereto, whereby Joe M.
Mayo, Jr. , d/b/a Budget Rent A Car of Wichita Falls assigns to Jay-Wey Investments ,
Inc, , that certain Budget Rent A Car lease agreement at Wichita Falls Municipal
Airport, is hereby approved, and the City Manager is authorized to execute such
assignment for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2584 be passed.
Motion seconded by Alderman Traywick.
Alderman Traywick inquired if the present lessee is personally liable? City
Attorney H. P. Hodge, Jr. stated that he believed he was the lessee, and was per-
sonally liable. If the assignment is made, the present lessee would remain
secondarily liable unless the Council actually releases him.
Joe Mayo appeared, stating that the lease was for five years , with three years
remaining.
The motion was carried by the following vote:
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays : None
108
,/Item 9b
A proposed resolution was presented, adjusting retainage fees for fire station
contractor.
RESOLUTION NO. 2585
RESOLUTION AUTHORIZING PAYMENT OF PART OF THE RETAINAGE UNDER CONTRACT
FOR CONSTRUCTION OF MILLER ROAD AND JOHNSON ROAD FIRE STATION.
WHEREAS, the City of Wichita Falls as owner, and Reid-Ross Company, as
contractor, entered into a contract dated October 23, 1979, wherein said contractor
agreed to construct a fire station on Johnson Road and a fire station on Miller
Road; and,
WHEREAS, on May 8, 1980, the Board of Aldermen adopted Resolution No 2515,
which recited that the construction had been completed in accordance with the
plans and specifications , and authorizing payment to the contractor of all of the W ~°'
contract price except for $2,000, which was to be held for one year from the date
of such resolution, to assure that the contractor's guarantee has been satisfied;
and,
WHEREAS, such contract specified that the retainage should be $1 ,000 instead
of $2,000.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is directed to pay to Reid-Ross Company $1 ,000 of the
$2,000 retainage referred to in Resolution No. 2515; on May 6, 1981 , if the con-
tractor' s guarantee has been satisfied, the $1 ,000 retainage shall be paid to
the contractor.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
✓ Item l0a
Discussion was again held on bids for a lake work boat.
Alderman Thomas questioned whether it is good business to accept one bid when
no others were received. He stated that Leroy Lakey told him that the reason he
did not bid on it was because the City could go to the manufacturer and buy the
boat for less than dealer cost.
City Manager Gerald Fox stated that state law requires that we advertise
and take sealed bids.
RESOLUTION NO. 2586
RESOLUTION AWARDING CONTRACT TO WICHITA MARINE COMPANY FOR 16 FOOT
INBOARD-OUTBOARD BOAT AND TRAILER.
WHEREAS, the City of Wichita Falls has advertised for bids for the purchase of
a 16 foot inboard-outboard boat and trailer; and,
WHEREAS, one bid was received, and it is found that the bid of Wichita Marine
Company for $7,000.00 is the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said bid of Wichita Marine Company, in the amount of $7,000.00 is hereby
accepted, and the Director of Public Utilities is authorized to purchase said boat
and trailer.
Moved by Alderman Thomas that Resolution No. 2586 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
109
1,A tem l l a
A proposed resolution was presented approving final payment for construction
of park maintenance shop at Southern Hills Park.
RESOLUTION NO. 2587
RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTING CONSTRUCTION OF METAL
BUILDING AT SOUTHERN HILLS PARK.
WHEREAS, the City of Wichita Falls and T. A. Litteken & Sons, Inc. , as con-
tractor, entered into a contract dated March 18, 1980, wherein said contractor
agreed to construct a 30ft. x 30ft. metal building at Southern Hills Park; and,
WHEREAS, said construction has been completed in accordance with the plans
and specifications; and,
WHEREAS, the contract price for this project was $15,713, of which $14,141 .70
has been paid to the contractor, leaving a balance due of $1 ,571 .30.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of such metal building in Southern Hills Park is accepted by
the City of Wichita Falls, and the City Manager is directed to pay to the said con-
tractor the balance due as shown above.
Moved by Alderman Traywick that Resolution No. 2587 be passed.
Motion seconded by Alderman Thomas, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 12a
Authority was requested to advertise for bids for labor and materials for land-
scape construction on Ohio Street parking lot.
The Council inquired what this project consists of? Bill Hursh, Director of
Parks and Recreation, stated that it includes planter boxes , electrical , and irri-
gation to these boxes, as well as lighting and redoing the present mini park which
is already there. It does not include concrete for the parking lot.
Alderman Russell asked if we are pushing ahead of the architects hired for the
general development plan of the City for that area? They are within four to five
months of completion.
City Manager Gerald Fox stated that we pushed ahead on the farmers' market
and parking lots , and he does not feel it is fair to criticize us when they have
followed the Council 's direction. Alderman Russell stated that it seems the left
hand does not know what the right hand is doing. This recognized firm is being
paid to evaluate the whole area, and she would find it embarassing if we go ahead
of them.
Bill Hursh stated that he had talked to that firm. The City Manager suggested
that we get some comment in writing from them to see if what we are doing will fit
in with what they are proposing. Mr. Hursh stated that he would like to go ahead
and put in the water lines because he does not feel that it will interfere with
anything on top of the ground.
The Council asked to see a sketch of the proposed plan before any action is
taken.
Item 13a
Mac Lovelace, 4508 Weeks Park Lane, appeared in opposition to expansion of the
maintenance barn on Weeks Park Golf Course opposite Weeks Park Lane. He feels it
will be a detriment to their property.
110
Bill Hursh stated they are adding 2100 to 2200 square feet to a building
already there to house tractors, etc. The slab is being poured today. He stated
that they could plant some trees between the building and the houses across the
street. It was noted by the Council that this building was there before any houses
were built along Weeks Park Lane.
Alderman Hampton requested a work session after next week's meeting to
discuss the August 9 election.
Mayor Hill inquired concerning water pressure in the Grant-Buchanan area. Joe
Smith stated that the problem is caused by old, small , deadend lines. Replacement
of these sub-standard lines is expected in next year's community development block
grant program.
The Mayor announced that an executive session on personnel will be held immed-
iatelyfollowing adjournment.
The Board of Aldermen adjourned at 10:15 A.M.
PASSED AND APPROVED this , ,Vtday of 1980.
—� Mayor'
ATTEST:
City Clerk
Form 179
Rev 1/77
PIPE LINE LICENSE
THIS AGREEMENT No --made this 1st day of July 19 80 .
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
THE CITY OF WICHITA FALLS TEXAS
hereinafter called "Licensee".
W ITNESSETH:
ARTICLE I.
1.Term:This agreement shall take effect the date hereof,and unless sooner terminated as provided herein,shall continue
in force so long as used for the purpose herein set out until terminated by either party
giving the other party not less than thirty(30)days'advance notice in writing of an intention to terminate the same,the agreement
to terminate upon the expiration of such notice.
2. Consideration and Description: In consideration of NINETY-FIVE AND N01100-------------------
-------------------------------------------------------------------(g 95.00 ) DOLLARS
receipt of which is hereby acknowledged,and of the covenants of Licensee as hereinafter set forth,Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method,
one pipe lines(s) encased in a carrier pipe not exceeding six ( 6 ") inches in diameter, to be
used for carrying sewage across or
along Licensor's property at or near Wichita Falls in the County of Wichita and State
of Texas . For convenience, the said pipe line is hereinafter referred to as"Crossing". The location of said
Crossing is more particularly described as follows:
Said six (6") inch sanitary sewer pipe line crosses
said Railroad Company's premises at an angle of 65
degrees, more or less, measured to the Right, Northerly,
from the centerline of said Railroad Company's abandoned
Henrietta Subdivision main track (now I.C.C. No. 102)
at Mile Post G-787.31, being main track valuation chaining
station 6929+57, distant 38 feet, more or less, measured
Southeasterly along the centerline of said main track
from the centerline of a 60" C.M.P. at chaining station
69294-95. Said pipe line is within the limits of a public
crossing. Said pipe line also crosses under I.C.C. Track
Nos. 92, 95, and 97.
ARTICLE 11.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and with
material satisfactory to Licensor's Chief Engineer,with its top at least five and one-half(5'/2)feet beneath the base of the rail under
the track,and at least three(3)feet below the surface of the ground elsewhere,so it will not interfere with the safe operation of said
railroad or cause damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad
track, and for at least twenty-five (25) feet on each side of the center line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor,so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability:Licensor shall not be liable for any damage to said Crossing or the contents thereof,howsoever such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of,and shall protect,indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property,including livestock killed or injured,resulting from
or incident to the construction,maintenance,use,operation,relocation,reconstruction or existence of said Crossing on Licensor's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way,from all claims,demands,suits or actions growing out of any such loss,injury or demands,including
investigation costs, court costs,and attorneys'fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend,settle,and/or otherwise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims,demands,or suits,it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver:To waive all right to question the validity of this License or any of the terms or provisions hereof,or the right
or power of Licensor to execute and enforce the same.
ARTICLE M.
It is mutually agreed by and between the parties, as follows:
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner,and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing,or any part thereof,or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
or operation of Licensor's railroad,or any of its present or future appurtenances,or telegraph,telephone,signal or other lines on
Licensor's right of way,and in the event it is found necessary for Licensor to use its entire right of way,or any portion of it occupied
by the Crossing.Licensee shall at its sole expense,and within thirty(30)days after notice so to do,(or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs,or to relocate said Crossing, then Licensor may cause such condition to be made safe,orchange of location
to be made,or repairs to be made,or Crossing to be removed from Licensor's property,Licensor acting as the agent of Licensee,
and max, perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10(7c) per cent thereon as a charge for supervision, accounting, and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten(10)days'advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities,if any,of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph 1 of
Article 1,or Paragraph 2 or 4 of Article III,or otherwise,Licensee shall promptly remove said Crossing from Licensor's right of
way,and restore said right of way to its prior condition,or to a condition satisfactory to Licensor. If Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the
expense therefor to the Licensee on the basis provided in Paragraph l(b) of Article III.
-2-
4. Miscellaneous:(a)This License and all of the provisions herein contained shall be binding upon the parties hereto,
their heirs,executors,administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any
name changes.Licensee agrees not to assign this License or any interest therein,without the consent of Licensor in writing,and any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment,Licensee shall at all times remain fully responsible and liable for the payment of the rental,if any,herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b)In the event rent is paid annually,Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty(30)days'written notice.Licensor may increase the rental by the
percentage that the Consumer Price Index has increased,published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed,postpaid,addressed to Licensee at his last
known place of business.
(e)No oral promises,oral agreements,or oral warranties shall be deemed a part of this License,nor shall any alteration,
amendment,supplement,or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f)This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By
Vice-President
THE CITY OF WICHITA FALLS, TEXAS
By
Title Mayor
Address: P.O. Box 1431
Wichita Falls, Texas
File: T-18142 -3-
EASEMENT CITY CLLRK'S OFFICE.
Da+.t, _
THE STATE OF TEXAS KNOW ALL MEN �Y THEgE.PRt9ENT:5:
COUNTY OF WICHITA..................... By ..........
That THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION, ACTING
HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
JJ i r'
for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac—
knowledged, to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby griint,
bargain, sell and convey unto said Electric Company an easement and right—of—way for the construction, reconstruction, maintenai!e,
operation and removal of an underground electric distribution system over, across and under those certain lands described as: !
Being described as Southern Bills Park out of Block 4 of the Cheroke
County School Lands , Wichitc7 County, Texas , and being more particularly
described in that c:-xtain deed as recorded in Volume 662 , Page 158 ,
Deed Records of Wichita County, Texas , to which reference is made fo7-
all purposes.
i
The centerline of the �-foot wide easement herein granted is described
as follows:
BEGINNING at a point in the East line of the above said tract, said
point being 702 feet South of its Northeast corner;
THENCE South 660 West, 169 feet to a point.
together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties
for the purpose of constructing, reconstructing, maintaining, operating or removing said underground electric distribution system, ind
the right of ingress and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate nee led
machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or
bushes on or in the immediate vicinity of such easement strip as may be necessary in the sole judgment of Electric Company to permit
the propper construction, reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be c(in—
structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof rnd
at no cost to Electric Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri—
bution system.
The wires and/or conduits to be ervted on the above described property by Electric Company shall be placed underground, except
that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determi red
by Electric Company.
TO HAVE AND TO HOLD unto the.,safd E1 ctric Company, its succes ors and assigns, forever. �lf
WITNESS OUR HANDS this ....... .�.......... day of ...
ATTEST: A MUNICIPAL CORPORATION
..... ...........................................................................
Wilma J. Thomas, City Clerk
......................................................................................
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this, the day of 1980, by and
between the City of Wichita Falls, hereinafter called the OWNER and Corlett, Probst
& Boyd, hereinafter called the ENGINEER:
MIEREA.S the OWNER intends to construct sewer pumping and/or gravity facilities from
the existing 15" sewer in Tanglwood Hollow to the existing 18" sewer at the Northwest
corner of the Dr. Dan Roberts property, and the ENGINEER agrees to perform the various
professional engineering services required for the design and construction of said
sewer facilities.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration 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 documents 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 recommendations and summaries to the OWNER.
8. He will interpret the intent of the plans and specifications to
protect the OjNI.NER against defects and deficiencies in construction
on the part of the contractors. He wil not, however, guarantee the
performance by any contractor.
9. He will provide general engineering inspection of the work of the
contractors as construction progresses. Detailed construction
inspection and supervision will not be furnished.
10. He will prepare estimates for progress and final payments.
11. He will provide construction stakes for alignment and grade.
12. He will supervise adequate tests to confirm canpliance with system
operating requirements and conformance with plans and specifications
and make a final inspection of all construction and equipment 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 A on the attachment 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 compensation upon awarding of the
Construction Contracts.
2. Fifty percent (50%) upon completion of the Construction Contracts and
acceptance by the OWNER.
IN WITNESS WHEREOF, the parties hereby have affixed their hands this day
of 1980.
ATTEST: OWNER: The City of Wichita Falls, Texas
Wilma J. Thanas, City Clerk Gerald Fox, City Manager
ENGINEER: Corlett, Probst & Boyd
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Richard K. Boyd, .E.
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ASSIGNMENT Or, '_EASE r0
THE STATE OF TEXAS )
COUNTY OF WICHITA )
Recitals
1. Effective as of July 1 , 1978 , the City of Wichita
Falls, Texas ( "City" ) , as Lessor , and Joe M. Mayo, Jr . d/b/a
Budget Rent a Car of Wichita Falls ( "Mayo" ) , as Lessee, en-
tered into that one certain Rental Car Lease Agreement
( "Lease Agreement" ) relating to Mayo ' s Budget Rent a Car op-
eration located at the Wichita Falls Municipal Airport; ref-
erence is here made to the Lease Agreement for all purposes.
2 . Effective as of July 1 , 1980 , Mayo entered into an
Agreement to sell said Budget Rent a Car operation to Jay-
Wey Investments, Inc. ( "Assignee" ) , an Oklahoma corporation.
NOW, THEREFORE , KNOW ALL MEN BY THESE PRESENTS:
That, for Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which are
hereby acknowledged, the City, Mayo and Assignee hereby
agree:
Assignment
1 . 0: Subject to the terms and provisions of this
Assignment of Lease, Mayo hereby assigns and transfers to
Assignee and its successors and permitted assigns all of
Mayo ' s right, title and interest in and to the Lease Agree-
ment.
Assumption Of Obligations
2. 0: Assignee hereby accepts the assignment of the
Lease Agreement set forth in paragraph 1 . 0 above and
Assignee hereby expressly assumes and agrees to keep, per-
form and fulfill all of the terms , covenants, conditions and
obligations required to be kept, performed and fulfilled by
Mayo as the Lessee under the Lease Agreement, including with-
out limitation, the making of all payments due to the City
under the Lease Agreement when due and payable. In addi-
tion, from and after the effective date hereof, Assignee
i
shall indemnify and hold Mayo harmless from. and against all
damages, costs, expenses or liabilities of any nature aris-
ing out of or in connection with Assignee ' s continuing
operations under the Lease Agreement.
Consent and Release
3. 0: The City hereby consents to the assignment of the
Lease Agreement to Assignee as herein set forth and hereby
expressly releases Mayo from any further liability or obli-
gation under the terms of the Lease Agreement. The City
further acknowledges to Assignee that there are no past due
rental or other types of payments payable to the City by
Mayo under the Lease Agreement, that the City is not aware
of any event of default currently existing under the terms
of the Lease Agreement and that the Lease Agreement remains
in full force and effect in accordance with the terms
thereof.
THUS EXECUTED on the respective dates set forth
below and effective for all purposes as of July _, 1980 .
CITY:
ATTEST: CITY OF WICHITA FALLS
By
Wilma J. Thomas, City Clerk Gerald G. Fox, City Manager
Date : July , 1980 .
APPROVED AS TO FORM:
H.P. Hodge, Jr. ,
City Attorney
MAYO:
ate: July 1980.
ASSIGNEE:
JAY- Y INVESTMENTS, INC.
B , " .ZI
mes C . Van Wey, Presid
Date: July;-1980
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