Loading...
Min 09/16/1980 157 Wichita Falls , Texas Memorial Auditorium Building September 16, 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 Robert D. Haley Acting City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Jay McCawley, Central Christian Church. Item 3 Moved by Alderman Thomas that minutes of the meeting held September 2, 1980, be approved. Motion seconded by Alderman Hampton, and carried unanimously. Items 4a and 4c on the consent agenda were moved to the regular agenda. Items 4b - 8a Moved by Alderman Thomas that the remaining items on the consent agenda be approved. Motion seconded by Alderman Boston. Item 4b % RESOLUTION NO. 2620 RESOLUTION APPROVING CONTRACT WITH RORABAUGH MECHANICAL COMPANY FOR CORRECTION OF DEFICIENCIES IN FIRE SPRINKLER SYSTEM AT WICHITA FALLS ACTIVITIES CENTER. 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 Rorabaagh Mechanical Company, to correct deficiencies in the fire sprinkler system in the Wichita Falls Activities Center, 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 5a The low bid for an estimated annual supply of oil and grease was awarded to Henderson 66 Sales , Wichita Falls, in the amount of $26,560.30. 158 Item 5a, cont'd. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 6a RESOLUTION NO. 2621 RESOLUTION ACCEPTING CONSTRUCTION OF MAINTENANCE BUILDING AT SOUTHERN HILLS PARK. WHEREAS, the City of Wichita Falls and T.A. Litteken & Sons , Inc. , contractor, entered into a contract dated July 1 , 1980, wherein said contractor agreed to construct a maintenance 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 such construction was $15,713.00, all of which has been paid to the contractor except the sum 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 maintenance building at Southern Hills Park is accepted by the City of Wichita Falls, and the City Manager is directed to pay to said contractor the balance due as shown above. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 6b RESOLUTION NO. 2622 RESOLUTION ACCEPTING CONSTRUCTION OF MAINTENANCE BUILDING EXTENSION AT WEEKS PARK MAINTENANCE BARN. WHEREAS, the City of Wichita Falls and M & F Litteken Company, contractor, entered into a contract dated July 1 , 1980, wherein said contractor agreed to construct an extension of the Weeks Park maintenance barn; and, WHEREAS, said construction has been completed in accordance with the plans and specifications ; and, WHEREAS, the contract price for such construction was $17,817.68, none of which has been paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of said maintenance building extension at Weeks Park maintenance barn is accepted by the City of Wichita Falls, and the City Manager is directed to pay to said contractor the balance due as shown above. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 7a Authority was granted to advertise for bids for an annual supply of premixed concrete and bulk cement for all city departments. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None 159 Item 7b Authority was granted to advertise for bids for lease/purchase of IBM 3330 Model 11 disc drive. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 7c Authority was granted to advertise for bids for word processing equipment. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 8a Minutes of the meeting of the Aviation Advisory Board held August 20, 1980, were received. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 4a Gerald Carlson, Chief Accounting Officer, recommended approval of audit contract with Ernst and Whinney. Alderman Traywick asked how Mr. Carlson arrived at the figures for the eight percent increase over the previously proposed audit fee to the currently projected audit fee? Mr. Carlson explained that it was due to additional time required to evaluate the various systems of internal control and computer applications of the City. He stated that he believes the City will get an unqualified opinion on the water and sewer fund this year. The general fixed assets will have to wait for another year. Mr. Carlson expects the audit fee of $45,000 this year to increase to perhaps $60,000 in the next few years. RESOLUTION NO. 2623 RESOLUTION APPROVING CONTRACT FOR AUDIT SERVICES WITH ERNST & WHINNEY. 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 Ernst & Whinney, for audit services for fiscal year 1979-80, 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. 2623 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 4c A proposed resolution was presented authorizing the City Manager to sign amended permit application for diversion of permitted water from Lake Kemp. Alderman Thomas inquired if we are putting water from Lake Kemp into Lake Wichita at this time? Director of Public Utilities Joe Smith stated that we are not. Also, that we will not need to purchase a pump, but will need to renovate the pump station, control units, etc. JI I 160 Item 4c, cont'd. RESOLUTION NO. 2624 RESOLUTION APPROVING APPLICATION FOR AMENDMENT TO PERMIT FOR DIVERSION OF PERMITTED WATER FROM LAKE KEMP INTO LAKE WICHITA. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain application, a copy of which is attached hereto for amendment to permit for diversion of permitted water from Lake Kemp into Lake Wichita is hereby approved, and the City Manager is hereby authorized to execute and file the same for the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 2624 be passed. Motion seconded by Alderman Smith. John Adams , 5119 Lakeshore Drive, stated that the only water they have had on Lakeshore Drive since 1956 is Lake Wichita water. They have to treat their own water, and it costs more to treat water with salt in it. He stated that water runs almost continuously in the laterals and through the Callfield canals from Lake Kemp. He stated that he has talked to Jimmy Banks (Water District) , and they continue to run water through there. He stated that he is opposed to having Lake Kemp water in Lake Wichita since he drinks it. Jimmy Horany, of Lakeside City West, stated that they have been monitoring this problem since 1976. He stated that the City has released 400,000 gallons of water per day, going into the Red River. If this is stopped, there will not be any need to bring Lake Kemp water into Lake Wichita. We should not be contaiminating Lake Wichita water from Lake Kemp. He feels this matter should be studied, and not pass this resolution today. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 10c Charles Hurt, of the Planning Department, was honored as Employee of the Month for September. Mayor Hill presented him with a plaque and two tickets each to a theatre and dinner. Item 9a The public hearing was opened on the proposed 1980-81 operating budget. Monte Beasley asked how much consideration has been given to double taxation of citizens of Wichita Falls? When the City and County fund the hospital or ambulance service, the citizens of Wichita Falls are getting a double dose. Alderman Traywick explained that the County has been asked to give a double amount in order to help take care of this problem. Mayor Hill stated that they have thought about it a lot, but they have not come up with any good solution. When the County pays twice as much, the City is still paying twice as much. Alderman Traywick stated that one solution might be for the City not to contribute at all , but he feels that is not fair since we live here also. Jim Jameson appeared as a representative of every member of the Fire Department, requesting a 24 percent pay increase. Mayor Hill explained that the Council will not be in any position to negotiate at all . They will take their remarks under advisement, but no discussion will be held. Mr. Jameson expressed appreciation to the Mayor and Council for allowing him to appear. He stated that the Fire Department would be appreciative of any raise, 161 Item 9a, cont'd. but he hoped to show that 24 percent would be justified, even though it sounds ridiculous at first. Mr. Jameson compared all classifications in the Fire Department to those in Waco. At the present time Wichita Falls firefighters are paid from $55.00 to $292.00 per month less than those in Waco. On October 1 , Waco will also receive a pay raise. Even with a 24 percent increase they would still be below Waco. Mr. Jameson also compared the salaries of firefighters and policemen in Wichita Falls. He stated that they do not believe that policemen are overpaid-- just that firemen are underpaid. A patrolman makes $406.00 a month more than a fireman on his first day on the job. A firefighter also works sixteen hours a week more than a patrolman. Not too many years ago a patrolman and a firefighter drew the same salaries. Bud Davis also appeared as a member of the Fire Department. He stated that Wichita Falls ranks at the bottom of the eight cities used for comparative purposes by the City of Wichita Falls. They do not feel that our city ranks that low in anything else except firefighters ' salaries. They are one of the two civil service departments in this city. They work under the same civil service laws. They spend forty percent more time on duty, and the other department receives a far greater salary. They have kept fire losses down with approximately the same personnel . Mr. Davis stated that firefighters in other cities know three things about Wichita Falls , namely, that we work with less personnel , that we do a good job, and that our salaries are lower here. We have one of the lowest key rates in the State of Texas. Production, attendance, and responsibility can all be applied to firefighters here. He noted that fire captains are responsible for the lives of the firemen, other citizens, and loss of property, yet a patrolman makes $34.00 per month more than a fire captain. Mr. Davis further stated that they look at this as a salary adjustment, rather than an increase. Harold Lindsay, Fire Department, stated that they appreciate the Council 's time in hearing them, and will appreciate their consideration of this matter. Hurshel Johnson, Fire Chief, requested an additional $12,000 to repair the Number One Fire Station. Joe Roberts, Architect, stated that there is a four-inch sag on the north side of the apparatus room. There is a free span 66 feet long. At the time the double T's were built, the precast industry was new, and did not have anything to base this construction on. The Council questioned whether $32,000 would be enough to do this work, and Mr. Roberts felt that it would be since some of the earlier planned work would not be required to be done if the scope of the project were changed as they now propose. The operating budget hearing was closed. The public hearing on general revenue sharing was opened. No one desired to be heard, and it was also closed. Item l0a Stan Thomas, 4314 Kings Highway, appeared regarding Lake Arrowhead roads. He stated that they have never had any services at Lake Arrowhead. They paid taxes out there for four years , and they got virtually nothing for it. Bill Hursh, Director of Parks and Recreation, gave a report on Lake Arrowhead income and expenses from 1965 through 1980. He reported expenditures of $353,000 and revenue amounting to $271 ,000 from the lease lot area. This does not include taxes. Total lake expenses were approximately $655,000, and income was $384,000. Land purchase is not included. i 162 Item 10a, cont'd. Stan Thomas did not want to include the parks in the total cost. Alderman Traywick explained that he would not be able to isolate his one area. He would have to look at the whole picture. Mr. Thomas feels that the City is responsible for the lots, and they want him to pay for it. Alderman Thomas noted the difference in the $60.00 per year lease which he pays out there, and the taxes paid in the City. Alderman Smith noted that users of recreation pay for the use of the facilities. No one could have anticipated inflation when lot fees were set. Lake Arrowhead owners should realize this also, in paying for their recreation. When revenue from taxes was cut off, that was the basic support for the roads. Bill Hursh noted that some people live on streets which are not owned by the City, and we do not pay for the maintenance on the farm-to-market road. The state has recently taken over the maintenance on it. Some comments were made on what basis the fees for road repairs could be collected. Acting City Manager Robert Haley stated that he would like the City's portion placed in this year's budget. Moved by Alderman Smith that the City Attorney pursue this matter to see what can be worked out for this special paving fee. Motion seconded by Alderman Hampton, and carried unanimously. Some discussion was held on a schedule of rental payments in the future. The Council agreed that fees should be adjusted on the basis of the economy at three to five year intervals. Item 10b Robert Miller, One Main Place, Dallas, requested extension of the contract with APCOA for airport parking on a month to month basis through the coming holidays, and on through the first quarter of 1981 . He would consider renegotiating this contract on a permanent basis at the end of the first quarter 1981 . Moved by Alderman Smith that this contract be terminated on November 1 , and that authority be granted to advertise for bids on coin operated gates for the parking lot. Motion seconded by Alderman Hampton, and carried unanimously. Item lla A proposed ordinance was presented authorizing Joe Pistocco Motor Company to place a brick foundation and wall on the right-of-way of Austin Street. ORDINANCE NO. 3729 ORDINANCE GRANTING AUTHORITY TO JOE PISTOCCO PONTIAC-CADILLAC, INC. , TO CONSTRUCT A BRICK LEDGE ON AUSTIN STREET RIGHT-OF-WAY ABUTTING BLOCK 148 OF THE ORIGINAL TOWN OF WICHITA FALLS. Moved by Alderman Thomas that Ordinance No. 3729 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays: None (Alderman Smith was out of the room) Item llb A proposed ordinance was presented waiving a section of the ordinance regulating the sale of pistols. 163 Item Ilb, cont'd. Dan Savage requested a waiver for a gun and knife show to be held in the Activities Center on November 22 and 23, 1980. He stated that he is a federally licensed dealer, and such dealers cannot exhibit at these shows because their licenses are only for their premises. These trade shows are primarily to allow other persons to exhibit. They will not come to Wichita Falls if they have to abide by the paperwork requirement. They specifically object to being finger- printed. It would be helpful if the requirement could be waived for trade shows. City Attorney H. P. Hodge, Jr. stated that someone asked him if this ordinance would apply to the gun show? He noted that a retailer is defined as someone engaged in the selling of guns. He stated that he cannot say that it will or will not apply across the board. The Police Chief does not favor the waiver. ORDINANCE NO. 3730 ORDINANCE WAIVING SECTION 24-8 OF THE CODE OF ORDINANCES FOR A GUN AND KNIFE SHOW TO BE HELD AT THE ACTIVITIES CENTER ON NOVEMBER 22 AND 23, 1980. Moved by Alderman Thomas that Ordinance No. 3730 be passed. Motion seconded by Alderman Traywick. Don Pilcher, Police Department, stated that this requirement provides the Police Department with an invaluable investigative tool in firearms and convicted felons. The criminal investigation division uses the information contained on this form. Mr. Savage stated that they expect to have three gun shows per year here in Wichita Falls. It will not mean anything to him monetarily, but he feels it will be good for Wichita Falls. Earl Jones, Mr. Savage's manager, explained the difference in the forms required by the dealers, and the one required under this ordinance. Irene Cheatheam presented her views on the subject, citing her son as an example who has had guns stolen out of his car three times here in Wichita Falls. City Attorney H. P. Hodge, Jr. stated that waivers make him uncomfortable unless one class is very different from another class. He suggested that the ordinance be reviewed for possible revisions for the council to consider. The motion was carried by the following vote. Ayes : Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays: Mayor Hill and Alderman Smith Item llc Discussion was held on a proposed ordinance regulating trucks selling ice cream on city streets. Alderman Thomas stated that he is opposed to this ordinance because there is nothing to prohibit kids from running out of the schools to purchase ice cream. Acting City Manager Robert Haley stated that this came to us by request of the school administration to try to exercise some control . Alderman Traywick stated that he would like this to go through the Traffic Safety Commission. Jack Griffin, Acting Director of Traffic, stated that numerous complaints have been made from the schools that the peddler will stay there from the time the first grade students get out until the last class is dismissed, and it disrupts the classes still in session by the carousel type music which he plays. They have asked him to move, and he has refused to cooperate. I 164 Item llc, cont'd. ORDINANCE NO. 3731 ORDINANCE DEFINING ICE CREAM TRUCK; REQUIRING CERTAIN SAFETY EQUIPMENT; USE OF SAFETY EQUIPMENT; REQUIRING COMPLIANCE INSPECTION; RESTRICTING LOCATIONS, TIME PROCEDURE, FOR VENDING; RESTRICTING RIDERS ON VEHICLES; AND ESTABLISHING A PENALTY FOR VIOLATION. Moved by Alderman Smith that Ordinance No. 3731 be passed, deleting Sections 2 and 3. Motion seconded by Alderman Hampton. T. G. Boorman stated that he has a snow cone truck, but he does not park by the schools. He only goes to the homes. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: Alderman Thomas Item 12a A proposed resolution was presented adopting the citizen participation plan for the 1980-81 Community Development Block Grant program. RESOLUTION NO. 2625 RESOLUTION ADOPTING THE 1980 CITIZEN PARTICIPATION PLAN FOR THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, the 1980-81 Citizen Participation Plan, prepared as a part of the FY 1980-81 Community Development Block Grant (CDBG) application establishes a community-wide process by which citizens may participate in the development and implementation of the CDBG program; and WHEREAS, the Department of Housing and Urban Development requires that citizens be provided an opportunity to participate in an advisory role in planning, implementing and assessing the CDBG program, in a community-wide level , as well as at the neighborhood level . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The 1980-81 Citizen Participation Plan which provided for community-wide input and participation is hereby adopted. Moved by Alderman Traywick that Resolution No. 2625 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 12b A proposed resolution was presented amending the Community Development Block Grant Rehabilitation Program. RESOLUTION NO. 2626 A RESOLUTION AMENDING THE CITY OF WICHITA FALLS COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION ASSISTANCE PROGRAM. WHEREAS, Resolution 2380, August 7, 1980, established a housing rehabilitation program for the City of Wichita Falls , and; WHEREAS, the FY 1979-80 pilot rehabilitation program has been completed, and; 165 Item 12b, cont'd. WHEREAS, the pilot rehabilitation program demonstrated a need to amend certain areas of the program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Rehabilitation Assistance Program is hereby amended in accordance with the attached document. Moved by Alderman Thomas that Resolution No. 2626 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 12c A proposed resolution was presented approving oil and gas lease at Lake Kickapoo to W. A. Lofton. City Attorney H. P. Hodge, Jr. noted one change in the lease, and one change on the rider, which he and Alderman Hampton recommended. RESOLUTION NO. 2627 RESOLUTION ACCEPTING BID AND APPROVING OIL AND GAS LEASE ON A TRACT OF 250 ACRES AT LAKE KICKAP00. WHEREAS, by Resolution No. 2588 the Board of Aldermen of the City of Wichita Falls determined that it is advisable to lease for oil and gas the land hereinafter described, and published notice of its intention to lease such land in accordance with Section 71 .004 and 71 .005 of the Texas Natural Resources Code, to-wit: 250 acres , more or less , out of the S.P.R.R. Company Survey No. 1 , Abstract No. 440, Archer County, Texas , and being all of said survey south of contour line 1 ,050 feet m.s.l . , as shown by map prepared by B. R. Stellar in June of 1944, and being on Sheet 2 of 11 of said series of maps. WHEREAS, at the meeting on September 2, 1980, the date specified in such notice, the Board of Aldermen received, opened and considered the bid submitted, at a public hearing, in accordance with Section 71 .006 of such Code; and, WHEREAS, the Board of Aldermen believes that the bid of W. A. Lofton represents the fair value of the lease on such property, it is the only bid on such property, and it should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of W. A. Lofton is hereby accepted, that certain oil and gas lease, a copy of which is attached hereto, between the City and such bidder 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. 2627 be passed, with the recommended changes to the lease and rider. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None s 166 Item 12d A proposed resolution was presented authorizing notice of intent to terminate Gold Cross ambulance contract. RESOLUTION NO. 2628 RESOLUTION AUTHORIZING CITY MANAGER TO GIVE NOTICE OF TERMINATION OF GOLD CROSS AMBULANCE CONTRACT. WHEREAS, heretofore Wichita Falls, Burkburnett, Iowa Park and Wichita County entered into a contract dated February 1 , 1977 with Robert Coburn, d/b/a GOLD CROSS AMBULANCE SERVICE of Wichita Falls , whereby Coburn agreed to furnish emergency ambulance service in Wichita County in accordance with the provisions of such contract; and, WHEREAS, such contract was for a term of five years from February 1 , 1977; however, it contained a provision that the CITIES OR COUNTY may terminate the contract by giving six months written notice to the other party, and the contractor may terminate the contract by giving six months notice to the other parties; and, whereas, such CITIES and COUNTY have determined that it is in the best interest of their citizens to give written notice of termination in six months , so that all the parties may study the needs of the public for ambulance service, the services which have been rendered and the adequacy of fees allowed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: THE CITY MANAGER is hereby authorized to give such six months written notice of termination of such contract as of September 2, 1980. Moved by Alderman Thomas that Resolution No. 2628 be passed. Motion seconded by Alderman Boston. Mayor Hill stated that Gold Cross has been here a long time, and only in the last six months or a year has he heard any complaints. Alderman Thomas stated that in all probability we will continue to do business with them, but we see some problems involved, and if negotiations break down then we will have given notice. City Attorney H. P. Hodge, Jr. stated that he did not think Mr. Coburn is objecting to this. Mr. Haley stated that they have had a few complaints, and there is some vagueness in the contract. He stated that the rates requested by Gold Cross are justified. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 12e A proposed resolution was presented authorizing the execution of a deed to Midtown Manor, Inc. RESOLUTION NO. 2629 RESOLUTION AUTHORIZING THE CITY MANAGER TO DEED BLOCK 122, ORIGINAL TOWN OF WICHITA FALLS TO MIDTOWN MANOR, INC. WHEREAS, the Board of Aldermen has found and determined that there is a need for housing for elderly, handicapped and needy persons in the City of Wichita Falls, and that Midtown Manor, Inc. has agreed to provide such housing; and, WHEREAS, Block 122 of the Original Town of Wichita Falls is a property that Midtown Manor, Inc. and the City have determined would be an appropriate location for this public purpose; and, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 167 Item 12e, cont'd. The City Manager is hereby authorized to execute, for the City of Wichita Falls , a deed of gift of Block 122, Original Town of the City of Wichita Falls to Midtown Manor, Inc. Moved by Alderman Thomas that Resolution No. 2629 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 12f A proposed resolution was presented setting golf fees. RESOLUTION NO. 2630 RESOLUTION ESTABLISHING GREEN FEES AND FEES FOR ANNUAL PERMITS FOR WEEKS PARK GOLF COURSE, EFFECTIVE OCTOBER 1 , 1980. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following schedule of fees is hereby established for Weeks Park Golf Course, effective October 1 , 1980: Green fee, weekday, adult .$ 3.50 Green fee, weekday, senior (65 and over) . . .$ 2.50 Green fee, weekday before 11 :00 A.M. , junior (18 and under) . . . . . . .$ 2.00 Late fee, weekday after 4:00 P.M. . . . . . . . . . . . . . . . . . . . .$ 2.50 Green fee, Saturday, Sunday and holidays. . . . . . . . . . . . . . . . .$ 4.50 Late fee, Saturday, Sunday and holidays after 4:00 P.M. . . . . . . . . .$ 2.50 Annual permit, adult. . . . . . . . . . . . . . . . . . . . . . . .$ 235.00 Annual permit, family (husband, wife and children under 19) . . . . . . .$ 330.00 Annual permit, senior (65 and over) . . . . . . . . . . . . . . . . . . .$ 120.00 Annual permit, junior (18 and under) . . . . . . . . . . . . . . . . . . .$ 120.00 SECTION 2. Resolution No. 2212 is hereby repealed. Moved by Alderman Hampton that Resolution No. 2630 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 12g A proposed resolution was presented setting tennis fees. RESOLUTION NO. 2631 RESOLUTION ESTABLISHING COURT FEES FOR HAMILTON PARK TENNIS CENTER AND WEEKS PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following schedule for court fees is hereby established for Hamilton Park Tennis Center and Weeks Park Tennis Center, effective October 1 , 1980: Court Fees, Weekday $ 1 .75 per person for 1 1/2 hrs. Court Fees, Saturday, Sunday and Holidays $ 2.00 per person for 1 1/2 hrs. Evening Fees (Beginning at 8:00 P.M. March through October, and 6:30 P.M. November through February) $ 2.00 per person for 1 112 hrs. 168 Item 12g, cont'd. Annual Permit, Adult $ 75.00 Annual Permit, Family (Husband, Wife and Children Under 19) $110.00 Annual Permit, Junior (18 and under) $ 45.00 League Fees $ 1 .00 per person league fee plus a court fee for each day of league play. Tournament Fees $ 1 .50 per person per tournament (The only tournaments exempted from this fee are the M.S.U. Fall Tournament, Wichita Falls Junior and Senior High School Tournaments and the Southwest Junior and Senior Tournaments) . SECTION 2. All resolutions in conflict with this resolution are hereby repealed insofar as they conflict. Moved by Alderman Thomas that Resolution No. 2631 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 12h A proposed resolution was presented setting swimming fees. RESOLUTION NO. 2632 RESOLUTION ESTABLISHING ADMISSION FEES FOR LUCY PARK SWIMMING POOL. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, SECTION 1 . The following fees are hereby established for admission to the Lucy Park Swimming Pool : Ages 5 years old and above $ 1 .25 Ages under 5 years old free with paying qualified swimmer. Cards good for 20 swims $20.00 Non-profit organizations (for pool use by reservation, morning hours only) $ 1 .00 SECTION 2. Resolution No. 2227 is hereby repealed. Moved by Alderman Smith that Resolution No. 2632 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 12i A proposed resolution was presented setting cemetery fees. RESOLUTION NO. 2633 RESOLUTION ESTABLISHING FEES AND CHARGES IN MUNICIPAL CEMETERIES. 169 Item 12i , cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following prices for cemetery lots and spaces, and the following fees and charges are hereby established for municipal cemeteries: RIVERSIDE AND ROSEMONT CEMETERIES Two Space Lot $700 Adult Single Space $180 Infant Single Space $ 85 Opening and Closing Adult Grave $230 Opening and Closing Infant Grave $120 Overtime Charge, Saturday $120 Overtime Charge, Weekdays after 3:00 P.M. $120 Adult Disinterment $420 Infant Disinterment $120 Vault Installation $ 45 Lot Maintenance (Wooden Boxes) $ 45 LAKEVIEW CEMETERY Two Space Lot $420 Adult Single Space $120 Infant Single Space $ 60 Opening and Closing Adult Grave $230 Opening and Closing Infant Grave $120 Overtime Charge, Saturday $120 Overtime Charge, Weekdays after 3:00 P.M. $120 Adult Disinterment $420 Infant Disinterment $120 Vault Installation $ 45 Lot Maintenance (Wooden Boxes) $ 45 SECTION 2. This resolution shall become effective upon its passage, and Resolutions No. 2019 and 2226 are repealed as of this date. Moved by Alderman Traywick that Resolution No. 2633 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 12 j A proposed resolution was presented authorizing execution of a grant agreement with the Federal Aviation Administration. RESOLUTION NO. 2634 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND FEDERAL AVIATION ADMINISTRATION FOR FUNDING ASSISTANCE RELATIVE TO EXPANSION OF APRONS AND TAXIWAYS, RECONSTRUCT AND OVERLAY OF ARMSTRONG DRIVE AND PHASE ONE OF RECONSTRUCTION AND OVERLAY OF RUNWAY 17-35 AT MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls is submitting an application for Federal Assistance, under the Airport Development Aid Program; and, WHEREAS, funds in an amount of $712,679.00 have been allocated by the Federal Aviation Administration for expansion of aprons and taxiways, reconstruction and overlay of Armstrong Drive, and Phase One of reconstruction and overlay of Runway 17-35 at Municipal Airport; and, WHEREAS, the City must enter into a Grant Agreement with the Federal Aviation Administration no later than September 30, 1980 in order to secure the funds for these improvements. i f t f 170 Item 12j, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS; that, The City Manager is hereby authorized to submit formal application for grant for such improvements and to execute formal Grant Agreements when prepared. Moved by Alderman Thomas that Resolution No. 2634 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 13a Moved by Alderman Thomas that all bids be rejected on data processing computer paper, and that authority be granted to readvertise. Motion seconded by Alderman Traywick, and carried unanimously. Item 14a Acting City Manager Robert Haley noted that there will be a called meeting on September 23 for a final hearing and adoption of the budget. Samuel Merrill , 4430 Sisk Road, complained that the City Library does not seem to respond to the needs of the citizens in any way. They are taking the room used by the children as a reading room, and no other replacement room is available. He was also required to submit the name of someone in the telephone directory in order to get a library card. The Board of Aldermen adjourned at 11 :30 A.M. PASSED AND APPROVED this day of 1980. J MAYOR �'��L ATTEST: CITY CLERK THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A104 Standard Form of Agreement Between Omer and Contractor where the basis of paymient is a STIPULATED SUM 1977 EDITION THIS DOCUMEN7 11AS IMPOR7AN7 LEGAL CONSEQUPv'CF.S; CONSULTATION WITH AN ATTORNEY IS ENCOURAGLD IVITH RESPECT TO 171 COMPLF7 ON OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by -1he Associated Gen(r,ll Contractors of America. AGREEMENT made as of the 4th day of August in the year of ,Nineteen Hundred and Eighty BETWEEN the Owner: City of Wichita Falls , Texas RMC and the Contractor: Rorabaugh Mect.anical Company Wichita Falls , Texas The Project: Correct Deficiencies in Fire Sprinkler System Wichita Falls Activities Center Wichita Fall;:: , Texas The Architect: Robert Pardue & Associatos Wichita Falls , Texas The Owner and the Contractor agree as set forth below. Copyrii,hi i915, 1)Ifi, 1925, 1937, 1951, 19,ii, 1061, 1901, Ili i, 197.1, , 111.7 by In,1:tute of York Acen,ie, N.W., ���a�hinpl,ui, D. C. 2f11'06. Repr0du(ti1)n of the 1Jl,1ler1al heroin ou 1Uotat;,gin of its proeision� %%ithoUt permission of the AIA violate, the Copyright la�%s of th" l'nik'd states ,1,1fi he >ubject to IeLqal I„ou"cution. AIA DOCUMENT A101 U\V'V'Li.-CONiRACIt?I: ;AGRH-AilV'i LI_;_A'GV'III tDlllO.A ;,_iNi 1977 •�\IA" G1977 • THr A\1C;IC-\N iNS111UlE Oi A;Cfill[( iti, 1, yPA )'OR'K AvI V , Al (,If)N. D. C. 2r00f; r1101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, t-h-e-�4}id i<-;++� +r—T�r' oche-r-Cead+tiens� the-Drawing,,,_the--Sj)�(�4aicat ions,-aII-Aciclencla isst+eF{-{�fiE�r tc3 af�#aaa l�id+f+cat+efls+sstfeFJ afte�exe- c4t+onCf-fliis-Agreement-..--T44ese- 4RA �t-te Leuir<ut �nc� all u u 1ly��taar nf__Lhelnnlracz_as_-if ;art,rh�ri rn this Areeuaen�r�r rTatccl k�ert�in.-An enumerat-ic>n of the-(<<>ntr�ct-l�e>ct>tnents�t>I�e:rs-in Article 7. and the attached proposal by RMC Rorabaugh Mechanical Contractors dated 2-20-80. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Correct Deficiencies in Fire Sprinkler System Wichita Falls Activities Center Wichita Falls , Texas The Contractor shall make all necessary corrections and additions required to bring fire sprinkler system into compliance with City of Wichita Falls and/or- State Insurance Board requirements as outlined in RMC proposal dated February 20, 1980 attached) . ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commencecl on or about August 15 , 1980 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than Ninety ;Here insert any spccial provisions for liquidated danm res relating to iailure to <ornpletr on time.i Calendar Days AIA DOCUMENT A101 • O\1NE1-00N1RA( 7OIZ LLLVEN111 EDITION JUNE 19,7 ©1977 • THE An1ERICAN INSTITUTL 01 Af C.HIIL IS, 1735 N'LW PORK AVE., N.11'., WASHINGTON, D.C. 30006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performmuice of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of The Contract Sum is determined as follows. (State here the base bid or other lump sum amount.accepted alternates,and unit prices,as applicable.) THIRTY—THREE—THOUSAND—TILIZEE—HUNDRED—EIGHTY—FOUR DOLLARS ( $33, 384 • 00) ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last clay of the month as follows: Not later than five days following the end of the period covered by the Application for Payment ninety percent ( 90 °':,) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90`%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stoied at the site or, at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a surrt sufficient to increase the total payments to ninety five percent ( 95 `',) of the Contract Sum, ICss such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents, (It not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. Mere insert any rate of interest agreed upon.) Usury lass and requirement, un,ler the Federal Truth in lendln,u Act, similar take anJ I„e,I! consumer rr,'dil laws and oth,�r rcrui;t­:., at the Owner's and Contractor's princii;al placos n( hu�in�ss. ;he lo.atinn of the Project and clk, here in,n affect the%'Ihdity of this provision. Specific is al aJvice should be obtained with respect to deletion, modification, or other requirements such ,,+ svriRen dixlosures or wailers) AIA DOCUMENT A101 • OWNER-CON I RACI OR AGRIA A117NT • ELEVENTH I DI HON • JUNE "1977 C91977 • THE AA,QRIGW INSTITUTE Of ARCHITECTS, 1735 NEW 1ORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 ARTICLE G FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been compleled, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follo%�s: T+st-belaw Fhe Agccwa lJu�(-(, ilrau .J-1Jae�:uFracr-44 Nnw Sttrj;f v»e+it , z+ rf n'ho Pn;7d, ,T dic Drawin TTi tip�c rreaFitu -and a iy tcldtwtla �araia�b��uutlucc-ira�Jl--taxuc-arul-JatH�-wJer�a(i(>Jicahlc.) 7 .2 . 1 Replace all ceiling; board required by relocation of existing sprinkler heads . 7 .2 .2 All sprinkler heads shall be replaced with new heads of the type required for location and use . 7 .2 . 3 Install new split—ring type escutcheons at all sprinkler heads . 7 .2..4 Install test valves at end of each system with access doors for use by inspector. This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR RMC RORADAUGH MECHANICAL CITY OF WICHITA FALLS CONTRACTORS Wichita Falls , Texas Wichita Falls , Texas . BY By L/ AIA DOCUMENT A101 • OAA'NER-CON 1 RACI Oft t l t V'I N I H tDI HON JUNE 1977 • AIA�'' 01977 • THE &MERICAN INSTITUTE 01L ARCHITECIS,117;, NEw 1'ORK AV't=., N.W., WASHINGTON, D.C. '[i_i0G A101-1977 4 .r ^, �•'.�� RORABAUGH MECHANICAL COMPANY MECHANICAL CONTRACTORS February 20, 1980 Robert Pardue & Associates-Architects 1901 Tenth Street Wichita Falls, Texas 76309 Res Fire Sprinkler Survey Activity Center - Wichita Falls, Texas Gentlemen On February 19, 1980 a survey of the Fire Sprinkler System at the above referenced location was made by RMC and our observations were as follows. First Floor Room 123 - Inadequate coverage due to the plugging of seven (7) head openin s, eight (8) sprinkler heads have been painted, four (4� sprinkler heads have been taped and painted, no spare heads or head wrench in spare head cabinet, defective pressure gauge on one alarm valve assembly, water motor alarm system would not operate. Room 116 - Inadequate coverage as most head openings have been plugged above the ceiling, two (2) sprinkler heads have been painted. Room 118 - No sprinkler protection in this area. Room 119 - No sprinkler protection in this area. Room 120 - No sprinkler protection in this area. Room 122 — Inadequate coverage due to missing heads. Room 110 - No sprinkler protection in this area. Room 113 - Inadequate coverage due to missing heads. Room 104 - Inadequate coverage due to head openings having been plugged above the ceiling. Room 109 - Inadequate coverage due to drops being .Lot instead of 1" as required. Page 1 of 3 ----- POST OFFICE BOX 5351 WICHITA FALLS,TEXAS 76307 817 / 723•+53F ~ Room 247 - All sprinkler drops are Z" instead of 1" as required. Room 248 - All sprinkler drops are ?" instead of 1" as required. Room 251 P All sprinkler drops are i°' instead of 1" as required. Room 243 - No fire protection this area as all openings above the ceiling are plugged. Room 242 - No fire protection this area as all openings above the ceiling are plugged. Room 236 - Inadequate coverage as sprinkler heads are in a partition. Room 239 - One (1) sprinkler head in the return air grille. Room 201 - No fire sprinkler protection this area. Room 212 - Inadequate coverage due to the removal and plugging of some pipe. one (1) head is leaking. Summary of 2nd Floor Numerous sprinkler drops are 2" pipe instead of 1" as required. The heads throughout are generally upright type instead of pendent type which are recommended. Spacing is inconsistent and coverage is ,not maintained in many areas. New stairway areas have not been sprinklered. Heat range of all heads could not ba determined. Thank you for the opportunity to be of service. If we can be of further service please call us. Yours very truly, Rorabaugh Mechanical Company Robert L. Rorabaugh RLR/ml Room 124 - Two (2) sprinkler heads have been painted. Summary of 1st Floor All sprinkler drops from column lines 8-12 and A-H are Z" instead of 1" as required. Sprinkler heads in areas with suspended ceilings appear to upright type instead of pendent type. Spacing is inconsistent and proper coverage has not been maintained in many areas. New stairway areas have not been sprinklered. Second Floor Room 213 - Inadequate coverage due to missing sprinkler heads. Room 216 - Inadequate coverage due to missing sprinkler heads. Room 217 - Inadequate coverage due to missing sprinkler heads. Room 218 - No fire sprinkler protection in this area. Room 224 Inadequate coverage due to the plugging of one (1) of the two (2) openings in this area. Room 221 - Inadequate coverage due to the plugging of some of the openings above the ceiling. Room 225 - Inadequate coverage due to the plugging of all the openings above the ceiling except one (1). Room 226 - Inadequate coverage due to the plugging of all of the openings above the ceiling except two (2). , Room 228 - Inadequate coverage due to the removal of some of the piping, the remaining piping should be supported. Room 240 - No fire sprinkler protection in,�this area. Room 246 - Inadequate coverage as piping has been removed and remaining piping has been plugged. Some existing upright heads are still active above the ceiling. , Room 255 - Inadequate coverage as the existing upright heads above the ceiling have not been dropped and pendent heads installed. Page 2 of 3 ---- CONTRACT FOR AUDIT SERVICES This agreement made and entered into the 16th day of September, 1980, by and between the City of Wichita Falls, Texas, and Ernst & Whinney, WITNESSETH: For and in consideration of the mutual agreements herein contained the parties- hereto do hereby agree as follows: Ernst & Whinney shall perform the annual audit of the City of Wichita Falls for the fiscal year 1979-1980, in accordance with their proposal to the City dated December 31, 1979. City shall pay to Ernst & Whinney for such services on the basis of the hours spent in the performance of such services at the hourly rates set out in such proposal; however, the total paid shall not exceed the sum of $44, 665, which includes travel expense. However, additional payment over and above such total shall be paid by the City for additional work requested by the City or for additional audit work required due to incomplete or inaccurate records of the City, in which event the City would be notified immediately of the additional work needed and the reasons for it. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first set out above. } TEXAS DEPARTMENT OF WATER RESOURCES P . O. Box 13087 Austin, Texas 78711 Telephone No. 512/475-4311 APPLICATION FOR AMENDMENT TO A WATER RIGHT REQUIRING A PUBLIC HEARING (Department Rule 156 . 04 . 10) Application No . Date Received Hearing Date Disposition --�` - - - - - - - - - - - - - - - - - - - - - - - - (Do not write above this line) I . Name Robert Hale Aci-ing City Manager for the City of Wichita Falls and Wichita County Water Improvement District #2 "- Address P.O. Box 1431 Wichita Falls Texas 76307 (City) (State) (Zip Code) Telephone : Office AC 817 322-5611 }dome 2 . Permit/Certified Filing No . 504A County Wichita, Archer and Bay or Stream Big Wichita Watershed Red River Reservoir (present size and condition if one exists) Lake Kemp Lake Diversion Original purposes authorized : Irrigation, Power and Municipal Purposes 3. Proposed Changes : see attached. (attach additional statement if necessary) 4 . I understand that the Commission may require additional information in regard to the requested amendment before considering my application . S . I have submitted the required fees herewith . (Rule lS6 . 02 . 60) Witness hand at Texas , this the day of ly r Subscribed and sworn to as being true and correct before me the day of 19 Notary Public in and for County, Texas TDW R-0369 REHABILITATION ASSISTANCE PROGRAMS WICHITA FALLS, TEXAS I, PURPOSE OF THE PROGRAM A. The City of Wichita Falls, Texas, acting by and through its Planning Division, shall provide financial assistance to those applicants of Wichita Falls who reside in those areas specified in the grant application for Community Development Block Grant funds as approved by the Department of Housing and Urban Development and who meet the eligibility criteria specified herein. B. The sole purpose of the financial assistance provided shall be to provide decent, safe and sanitary housing for low and moderate income residents by rehabilitation of existing structures to a condition which brings the structures into compliance with the housing code of the City of Wichita Falls,Texas. C. This program shall be operated in accordance with all applicable rules and regulations of the City of Wichita Falls, the State of Texas, and the Department of Housing and Urban Development. II. DESIGNATED AUTHORITY A. The Planning Division of the City of Wichita Falls, Texas, shall be the designated authority to administer the rehabilitation program of the City of Wichita Falls. B. The office of the Director of the Planning Division shall be the office designated as the approval officer. C. The office of the Community Development Section shall be the office which is designated the authority to prepare and submit applications for approval on behalf of the applicants. This authority shall apply to all housing related programs. III. ELIGIBILITY REQUIREMENTS FOR CDBG FINANCIAL ASSISTANCE A. The applicant must be an individual or family who owns and occupies a residential unit. The applicant will be considered the owner if he: 1. Is the "owner of record"on the books at the County Court House. 2. Possesses a valid contract for deed which has been or may be filed for record at the County Court House and which includes reasonable rights of redemption and quiet and peaceable possession of the property, or 3. Possesses a life estate which has been, or may be filed for record at the County Court House. B. The owner occupied structure must be located in any of the following census tracts: 101 105 109 113 102, 106 110 114 103 107 111 116 104 108 112 127 C. Since Community Development Block Grant funds are intended to serve low and moderate income residents or hardship cases who have no other means of financing repair or improvements, such funds shall not be available to any owner occupants who have substantial financial resources available. D. To qualify for assistance, the income of the applicant shall not exceed the limits defined by the Department of Housing and Urban Development for eligibility for the Section 8 Housing Assistance Payments Program. The income limits of the CDBG rehabilitation program shall be automatically amended by changes in the Section 8 guidelines as authorized by the Department of Housing and Urban Development. All income by any family member who resides in the dwelling unit of the applicant shall be counted as a part of the applicant's income providing such person has a security interest in the property. E. Secondary Requirement In cases where the applicant's income exceeds the limits specified in Section III D, the applicant will be eligible for financial assistance for rehabilitation if the housing expense of the applicant exceeds 25% of his monthly gross income. Housing expense shall be determined by totaling the following monthly expenses on the property to be rehabilitated: 1. Mortgage Principal and Interest 2. Property Taxes 3. Property Insurance 4. Property Utility Cost (Not Including Telephone) 5. Property Maintenance Cost Property maintenance and utility costs shall be determined by the square footage of the living area of the structure as shown on scheduled charts as approved by the area office of the Department of Housing and Urban Development. Said charts shall be regularly updated (at least once each year) to make allowance for inflation costs. IV. INCLUDABLE COST FOR CDBG FUNDED REHABILITATION CDBG rehabilitation funds shall be used only for those repairs and/or replacements which are necessary to correct actual or incipient violations of the Housing Codes of the City of Wichita Falls, Texas, or which have been designated as eligible items and identified by notice from the Department of Housing and Urban Development or as named in the HUD Rehabilitation Financing Handbook 7375.1 Rev., or other such handbooks and/or notices which may be received from the Department of Housing and Urban Development. V. CDBG REHABILITATION ASSISTANCE AMOUNTS A. When all qualifications have been met by the Applicant, he shall be entitled to receive CDBG rehabilitation assistance in the amount necessary to bring the property up to meet minimum property standards and the City Codes but not to exceed $7,500.00. No applicant may receive more than one CDBG rehabilitation assistance. B. In the event $7,500.00 is not sufficient to bring the property up to meet minimum property standards and the City Codes, CDBG rehabilitation assistance will not be approved unless: 1. Used in conjunction with an approved Section 312 Loan of the Department of HUD, or 2. The applicant places the necessary funds in escrow with the CDBG rehabilitation-assistance funds when the contract is signed, or 3. Used in conjunction with an approved rehabilitation loan from a private investor as defined in Section VI and VII. C. All funds to be used in rehabilitation shall be placed in the escrow account, regardless of the source of funds. VI. CDBG USED IN CONJUNCTION WITH OTHER REHABILITATION FUNDS A. Section 312 Rehabilitation Loans The Planning Division may submit applications for Section 312 rehabilitation loans to the Department of Housing and Urban Development on behalf of applicants who meet the requirements of the Section 312 Program at the time of application. All rules and regulations of the Department of Housing and Urban Development governing such loans shall be adhered to, and documentation of such compliance shall be maintained in the Planning Division applicant's file. B. CDBG rehabilitation funds may be used in conjunction with Section 312 rehabilitation loans; however, CDBG funds shall not exceed the maximum amount specified in Section V or the amount necessary to reduce the applicant's monthly housing expense, after rehabilitation, to 25% of the applicant's gross monthly income, whichever is less. VII. LOAN SUBSIDY PROGRAM A. CDBG rehabilitation funds may be used to subsidize interest rates for rehabilitation loans secured from private investors such as banks, savings and loans, mortgage companies, etc. The subsidy paid from CDBG Funds shall be restricted to payments necessary to reduce the interest rate from the current market rate to a more favorable rate to be determined by the private lending institution and the Planning Division of the City of Wichita Falls. The Planning Division shall prepare and submit the loan application to the private investor for approval. The private investor shall be given the first position of security by means of a promissory note and mortgage from the applicant to the private investor. B. If there is an existing mortgage on the property to be rehabilitated, the private investor may, at their discretion, disapprove the application or accept a secondary mortgage position. Terms of the mortgage shall not exceed ten (10) years or a maximum amount of $10,000. C. CDBG funds may be used in conjunction with a subsidized loan;however, CDBG funds shall not exceed the maximum amount specified in Section V or the amount necessary to reduce the applicant's monthly housing expense after rehabilitation to 25% of the applicant's gross monthly income. In such cases, the City's security requirement shall be secondary to the private institution's security interest. VIII. SECURITY REQUIREMENTS A. A Promissory Note and Mortgage to the City of Wichita Falls, Texas, or such Agency as they may designate shall be required on every CDBG rehabilitation assistance. Said Note and Mortgage will be properly filed and include the following provisions: 1. Zero percent (0%) interest rate. 2. No payments shall be due from the property owner as long as the property is the legal residence of the recipient. 3. If the property is transferred by sale or the recipient ceases to occupy the property as his legal residence, repayments of the CDBG rehabilitation assistance shall be due and payable immediately. At the end of each year, the repayment amount shall be reduced by twenty percent (20%) or one-fifth (1/5) of the total amount of the CDBG rehabilitation assistance until a zero balance is obtained at the end of five (5) years. For example, on the maximum CDBG rehabilitation assistance of $7,500.00 the following repayment schedule would apply: Date of Mortgage Repayment Amount End of Year 1 $6,000 End of Year 2 $4,500 End of Year 3 $3,000 End of Year 4 $1,500 End of Year 5 $ -0- 4. The City of Wichita Falls or such agency as they may designate will file a Release of Mortgage upon receipt of payment, or at the conclusion of the fifth (5th) year of occupancy by the applicant. 5. The requirement of security documents (Note and Mortgage) may be waived by the Director of Planning when it is determined to be in the best interest of the program. IX. OTHER REHABILITATION ASSISTANCE CDBG funds may be used for temporary off-site relocation expenses for those displaced temporarily by rehabilitation activities being carried out with CDBG Assistance. X. HISTORIC PRESERVATION Upon approval of the City Council, the use of CDBG funds for rehabilitation assistance may include property listed on the National, State, and Local Registers of Historic Places. XI. EMERGENCY REPAIRS A. The Planning Division shall have the authority to grant funds for emergency repairs on any structure which it determines to be feasible. Such funds shall be granted for the following reasons: 1. Any act of nature resulting in critical damage to the structural condition. 2. To eliminate specific hazards to health and sanitation. B. The Director of Planning and the City Manager or their designated representative(s) shall review all applications for emergency repairs prior to approving a grant, and the decision of the review shall be final. C. The applicant must meet the eligibility requirements for the CDBG rehabilitation assistance to receive emergency repairs. The Division shall have the authority to waive prior verification of eligibility in cases where an immediate danger to health, safety, or sanitation exists. The applicant shall be notified that in event the verification of eligibility should reveal the applicant does not fall within the requirements, they shall be required to make full restitution to the Department. D. No applicant shall be eligible to receive more than one emergency repair in any one year and not more than $750.00 per repair. XII. CONTINGENCY FUNDS At the discretion of the Community Development Section, additional funding not to exceed ten percent (10%) of the original contract, or $750.00, whichever is less, may be utilized as a contingency fund to pay the cost of repair and/or replacement of actual or incipient code violations which were not observed and included in the original contract. Example 1: Termite infestation and damage not discovered until floor repairs were begun. Example 2: Collapsed sewer lines not discovered until roto-rooting was attempted. XIII. FILES AND REPORTS The Planning Division shall maintain accurate files and records on each applicant and all documentation pertinent to the applicant shall be included. Such files shall be open for inspection as to qualifications, bid procedures, inspections of work, and payments from the escrow account. XIV. ESCROW ACCOUNTS All funds for CDBG rehabilitation assistance shall be placed in the rehabilitation escrow account as recommended by the Department of Housing and Urban Development and as required on all Section 312 rehabilitation loans. Checks for rehabilitation assistance shall be made payable to the applicant, who shall endorse said check at the time the contract is signed. The contractor shall not be allowed to make preliminary withdrawals from this account on any CDBG rehabilitation assistance. Such funds deposited in escrow shall serve as a statutory bond for the contractor and shall not be disbursed until all proper lien waivers are received. XV. BIDDING PROCEDURE A. The homeowner shall have the right to select any qualified contractor. If the contractor selected has not been previously approved by the Department, lie shall submit contractor qualification forms, a credit report, and a Certificate of Insurance. If the contractor is approved by the Department, then he will be awarded the contract. B. The homeowner shall have the right to select more than one contractor for competitive bidding. All contractors bidding must meet Department's requirements to be eligible to do rehabilitation. If the homeowner has no preference, two or more contractors will be assigned from the approved contractor rotation file to bid on their job. XVI. CONTRACTOR QUALIFICATIONS A. The Planning Division shall adopt and abide by the qualifications and regulations established by the Department of Housing and Urban Development Rehabilitation Handbook, February 1974, and all subsequent revisions thereto. B. Contractor shall carry insurance as required by the City of Wichita Falls and State of Texas. XVII. RECEIPT OF APPLICATIONS The Planning Division will accept applications for verification from owner occupants of the specified area. All applications shall be verified as to eligibility and shall be graded on the first working day of each month. Those applications receiving the highest number of points shall be considered as first priority applications. The Rehabilitation Specialist shall be responsible for the grading of the applications in accordance with the following schedule. 1. Income Maximum 5 points One point for each 10% below eligibility limit. 2. Housing Conditions Maximum 10 points Lack of essential plumbing 3 points Lack of essential heating 2 points Lack of adequate electrical 2 points Condition of foundation, roof, or exterior walls 2 points Condition of windows and doors 1 point 3. Age of Occupant or Handicapped Maximum 5 points One point for every 5 years over 60 of head of household or 5 points for handicapped 4. Female head of household 2 points S. Large family (above 4 dependents) 2 points 6. Length of time as qualified applicant Maximum 6 points One point for each six months Total maximum points 30 points XVIII. CONTRACTING REHABILITATION WORK A. This section sets forth requirements and procedures with respect to construction contracts for rehabilitation financed through a rehabilitation grant, a rehabilitation loan, or both. Construction work for rehabilitation financed through a rehabilitation grant and/or a rehabilitation loan shall be undertaken only through a written contract between the contractor and the recipient of the grant or loan. The Planning Division shall assist each applicant in arranging for and obtaining an acceptable construction contract. 1. Form of Contract The construction contract will consist of a single document signed by the contractor and accepted by the applicant, only following approval of the rehabilitation grant and/or loan. It shall contain a bid and proposal by the contractor and the general conditions, as well as the specifications for the work to be performed. 2. Acceptable Contractors The Planning Division shall always exercise care and good judgment in approving a contractor. An approved contractor shall be of good reputation, financially sound, have adequate financial resources to carry out his contract, and be qualified to do the required work. The Division shall frequently monitor its list of contractors to assure that they continue to be acceptable. 3. The contractor shall be required to obtain all permits required by the City of Wichita Falls, and shall require the same of his sub-contractors. Copies of all permits shall be submitted to the Planning Division with all other final papers before disbursement is made from the escrow account. XIX. INSPECTION OF REHABILITATION WORK A. This section sets forth the requirements for the inspection of rehabilitation work financed in whole or in part with a rehabilitation grant and/or loan. B. Responsibility for making inspections The Planning Division shall arrange inspections of construction work in cases involving a residential loan and for such loans under $5,000 regardless of the number of dwelling units involved. To accomplish this, the Planning Division shall ensure: 1. Compliance inspection, as necessary, to assure that the construction work has been completed in accordance with the construction contract. 2. A final inspection to determine that the construction work has been completed in accordance with the construction contract. C. Final Inspection Upon completion of the rehabilitation work and receipt of the contractor's invoice containing his certification of satisfactory completion of all the work in accordance with the contract and his warranty, the Planning Division shall arrange for inspection of the completed work. D. Making Final Payment When the final inspection determines that the work has been satisfactorily completed in accordance with the contract, the Planning Division shall obtain from the contractor a release of liens, and a copy of each warranty due the applicant for the work. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, the Division shall make final payment from the escrow account in accordance with rules and regulations. E. One Year Guarantee on Work by Contractor All work performed by the contractor is covered by a one (1) year guarantee. For a period of one year the homeowner may require the contractor to correct significant defects and inadequacies in the work performed under his contract. XX. CHANGES,WAIVERS, AND/OR CONFLICTS A. The City Council shall have the right to change, modify, or revoke all or any part of the plan by a majority vote of the Council. B. The right to waive minimum property standard requirements or code violations shall be retained by the Planning Division providing such waiver will not diminish marketability of the property, when long-standing local acceptance is evident or topography or the architecture of the structure makes compliance unfeasible. PRI17DUCERS 88 REV.-TEE. A.W OIL, GAS AM M-W—Van-A-1— LEASE THIS AGREEMENT made this 16th day r__Septeinber 19A 0 between.-- City of Wichita Falls, Texas (Post Office Address) herein called lessor (whether one or more),and W. A. Lof ton Six Thousand Three-hundred Fifteen and No/100 I. Lessor, in consideration of Dollars (8fi_,.315. 00 in hand paid, receipt of which is here acknowledged, and of the royalties herein provided of Ib_e­a_r_re_enl_eIt_a*`o_f_ the lessee herein contained, hereby grants. leases and I" exclusively unto lessee for the purpose of investigating, exploring, par,rapecting, drilling, mining and operating for and producing oil, gas. and all ")her minerals, Injecting gam, waters, other fluids, and air Into subsurface strata, laying pipe lines, storing oil, building tanks, power stations, telephone lines, and other structures and things thereon to produce, save, take care of, treat, process, store and transport said minerals and other products manufactured tberss- from.and housing and otherwise caring for its employs",the following described land _—County. T"a4. to-wit; 250 acres of land, more or less, out of S.P.R.R. Company Survey No. 1, Abstract No. 440, and being all. of said Survey South of contour line 1,050 feet m.s.l. , as shown by map prepared by B. R. Stellar in June of 1944, and being on Sheet 2 of 11 of said series of maps. (See Rider Attached) !,"galp is the hapela a-l"gAiu►ewYa.erinirveysiveLad-sid4eisinamr— bha Is a!*40"filsed lead lip Its II-IlmoLthdaidw For the purpose of calculating the rental payments hereinafter provided for, said land is estimated to comprise.-_Z50, , acres. whether it actually comprises more or less. 2. Subject to the other provisions btrein contallitnt, this lease shall remain in force for a term of fiv wesrll from this date (called "primary term"), and as long thereafter an oil, Sam. or other mineral is produced from said land or land with which said land Is pooled. 8. The royalties to be paid by lessee are: (a) on oil, and on other liquid hydrocarbons saved at the well, one-eighth of that produced and saved from said land, same to be delivered at the wells or to the credit of lessor in the pipe line to which the wells may be connected; lessor's interest in either case ths.11 bear Its proportion of any expenses for treating oil to make it nint-ketable as crude: (b) on gas, including camingbead gas and all giravous suhstancear, produced from said land and sold or used off the premises or In the manufacture of gasoline or-other product the.efrom, the market value at the mouth of tild well of one-eighth of the gas an sold or used. provided that on gas sold at the wells the royalty shall Ile one-eighth of the amount realized from such sale. isp & all•­0*6lar--wrilivereaks- 'half.--It. eitv--mallos, as -on--*uIphur-0%*­­vos,&Ity­- _6­ 66 Q__171,111-6 1$,AQ) -0-P I OKI#4 P,; and (dj at any 011ie, either before car after the expiration of the primary termof thin lease, it there In a gas well or wells on tile above land tend for the purposes of this C some (d) the term ..gas well" shall Include wells capable of shut irsturul gas, condensate, distillate or any gaseous substance and wells clashilied its was wells by any governmental authority! and such well or wells are abut In before or after production therefrom, lessee or any assignee hereuradva- may pay or tender an advance annual royalty equal to the unauunt,of delay rentels provided for fit this lease for the acreage then held under this lease by the party making such payment or tender, and it such payment or tender (a Made, It shall be cona,ldered under all provisions of this lease that gas is being produced from, the leased Prainalbes in paying quantities for one (I) year from the dale,such payment or tender is made, and in like manner submequent advance annual royalty payments may be made or ten,derr-d and It will be considered under all provisions of thin lease that gas Is being produced from the leased premises In Paying quantities driving any annual period for which much royalty to paid or tendered; such advance royalty may he paid or tendered in the bane manner as pro- vided herein for the payment or Wilder of delay rentals; royalty accruing to the orialrie­ thereof on any production from the leased premises during any annual period fair which advance royalty in paid may he credited against such advance payment.: and when there is a tilaut-irt gas well or wells on the letuieti preaniamisif this lease is not continued In force under some other provision thereof, It shall nevertheless continue In force for a period of ninety (90) days from the last date u *which a gas well located on the leased premises to shut in,or for ninety (90) days following the date to which this lease is continued in force by some other proviln thereof. as the name may be, within which rifinity-timy period lessee or any soignee hereunder may commence or resume the payment or tender of the advance royalty its herein provided. 4. If operations for drilling or mining are not wintrinenced on said land or on land pooled therewith on or before one (1) year from this date, this lea" shall terminate as to both parties, unless on or before one (1) year from this date lessee shall pay or tender to the lessor a rental of— TWO Hundred Fifty a.nd--, -N-u/100-�_7- _ 7�:� = _ _1 ­ ._-.-.Dollars is 2 50_0.0—�----) which shall cover the privilege of deferring commencement of such operations for a period of twelve (12) months. In like manner and upon like payments or tender., annually, the commencement of said operations mar be further do- formal for succemailve p*riodn of the same number of months, each during the primary term. Payment or tender may be made to the lessor or to the City National flank of -.--W.i--c 11.ita-F-alls Texas which hank, or &try successor thereof. - --continue 11 to the agent-for the lessor and lessor'- ­,,einaors end a8glarlB. if such bank (or say auccetimor bank) shall fail, liquidate, or be succeeded shall by another bank, or for any reason fall or refuse to accept rental, lessee shall not be held in default until thirty (30) days after lessor shall deliver to Isinalo a recordable Instrument making provision for another method of payment or tender, and any depositary charge Is a liability of the lessor. The pay- ment or tender of rental maybe made by check or draft of lessee, mailed or delivered to said bank or lessor, or either lessor If more than one, on or before ,,he rental 6. r 'ne! -aying date. by V'r-ote-I th,- right It, 1­0 air uniti,e lease,1 , file Lend covered covered by it or any part thereof with any other land, lease, leases, ininerni u,itates " hvi, or parts t1w.ti,of far the production i of oil, g­,i, .r any ollo,r numerals. IlniLs pole I for nil hei*.und,r- shall not -xt-eud eighty acres plus it tolerance of ten pcir catrit IifI01­Y 0 thereof, ­6 v,KtI,Ll to, gay he­arn,ler shall nut ­,,ed flute hund to ied and twenty acres plus a leranceoften our cent 0 ),0(,�, thereof, provided that stay Federal r State law, Executive order, rule or regulation -ball prescrilse a spacing pattern for the development of the field or allocate a producing allowable on acreage per well, then any such units may embrace as touch additional acreage" tray be so prescribed or as may be used in such allocation or allowable. Less" shall file written unit designations In the county In which the premimee are located. Such units relay Its designated either before or after the completion of wells. Drilling operations and production on any part of the pooled acreage shall be treated as If much drilling overKtions were upon or such production wan from the land described in thin lease whether the well or wells lie located on the [;and covered by thin left.ie or not. The entire acreage pooled into Is unit shall be treated for all purposes, except the Vayinetat of iroyaltlea an production from the pooled unit, SA if It were Included in this lease. In lieu of the royalties herein provided, lessor shall receive on production from a unit so pooled truly such portion of the royalty oth,ulated herein as the amount of his acreage placed in the unit or his royalty interest therein on an acreage basis bears to the total acreage­ pooled In the varticulnr unit involveti. fi- If, prior to discovery of oil, gus, or other minerals on said ]arid or )nod pooled therewith lessee should drill and abandon a dry hole or holes thereon, or it, after discovery of oil, gas, or other minerals, the production thereof should cv­o from any cause, this lease shall not terminate if lessee commences reworking or additional drilling operations within sixty (60) days th, ,faftel, or (if it 14 within the l"irlast-Y term) commences or resinit-n the payment or, tender of rentals or c mmencea operations for drilling or reworking ,it or the rental payloK (into next ennuing after the expiration of three, (3) months from date of comple- tion lon alld abandonment of said dry hole or holt-m or the cessation of pt­odtactvoo, If m. (try h,,), I. cornpleted and abandoned at any time during the last fifteen (15) months of the primary term and prior to discovery of oil, gain, or other mineral on maid land or land poolwt therewith, in rental payment or operations are riecea- nary in order to keep the lease In fol't, doling the renauluder of the printery term. If, AL the expiration of the primary turm, oil, gas,or other mineral is not being produced on said land or fetid pooled tIntre,nith but lem­e is then engaged in operations for drilling, mining, or reworking of stay well or mine thereon, this lease shall remain In force to long its drilling, mining, or reworking operations (Lie proneeUlell (whether out the same or different wells) with no cessation of more than sixty (60) consecutive days. anti It they result In irtudurtion, act long thereafter an oil, gwt, or other mineral in produced from auld land or land pooled therewith. In the event a well or wells producing oil or gas in paying quantities should he brotught in on adjacent land and within three hundred thirty (330) feet of and drain- Ing the leased premises, lessee agrees to drill such offset wells an a reamoruAhly prudent opeintor would drill under the some or similar circumstances. TheJudg- ment of the lessee, when not fraudulently exercised, in carrying out the purinants of thin lease shall he conclusive. 7. Lessee shall have freq we of oil, gas, and water from "aid land, except water frorn lessor's wells and tanks, for all operations hereunder, Including repares. auring, pressure maintenance, cycling, and ba,m­ndary recovery operations, and the royalty shall be computed after deducting any no used. Lessee shall have the right at any time during or after the expiration of (him lease to r*muve all property and fixtures placed by lessee on said land, Including the right to draw and remove all coxinic 8. The rights of either party hereunder may be rou,igned In whole or in part and the provisions hereof nhall extend to the heirs, executors, admints- tratia". successors, anti anaigno, but no chdriare or division in ownership of the land. rentals or royalties, botkever accumplkhod, oluili operate to enlarge the obligations or dictilialmh the right. of lt­rc. No such change or di,inicar, In the ownership of the land, rentals or revalues shall he binding upon lessee, for any purpose until much person acquiring any Inferc-nt has batul.h,d le--ee with the instrument or inmtruntenta, or certified copies thereof, constituting his chain of title from the original I­elor. fit the event or an of this lehme an to a tl,grcgmte(l portion of Plaid lan,l, the reiltala paynble. hereunder shell be ^pp­tl­­d as b,twav-o the never lens,1­1,1 own- ratably ­­rdlnv to the ­a-f­­ ­-, ,f ­vh. ftn't default in rental payment by ("a'. nVoili not ff,.a-t it's 0 - -tent of much stAgnma,ult, relieve and da­hri rgat rights of other 6tanchold owner. hereunder. An It this lease, in whole or in part. h.11, to tb�., lea.ee of any ol.ligation. h­.od­, and. It I....e or an,naigriet, of Part or Vans hereof shall fail or make do,fault In the payment of the proportionate part of the rentals title from such ll�Kaee or assignee or fail to comply with any other provision of the lease, such default shall not affect this lease in to far an It v­um& part of said lead. upon which lessee or nay almoignan, thereof shalt intake payment of said rr-ritrails. 9, I,Issee shall nut be liable for delay.or 'i'taolle I,, its erf_ulmu(­ ,r may covenant hereunder due to force maicure. The term "force maieure" - an employed herein a 11 mean: any act of God I Including but not lin,it'd t"alt'­­, t!,aotim, washouts, landnlides, and lightning; sets of the public era,ruy bi.,k- insurrections or rents; strikes or eLA,I­oi­ ­ gone tar Ure r,-gulatwor; iii­, hioi, orders or requests of ftslurul. Oats, municipal or other govefunivrox or governmental (iflicerm or awrots under color of authority; freight r­bmrv,­,,a or fraflurun. exhatiati,in or unavailability or delays In delivery of any product,lu,t, leb,,r, t,rvice, or material. If lorsee I% required, ordered or diii-et-i by any federal, state or rnunic ipul law, executive order, rule, reiculiltion or rcqoe6t cnatttA or p....a.ul- gat,d under color of ril,thoilty to cerise drilling ollt­thm., r­­ling oVe,atious ur operations on 0­ land covered by this I.-Inie or if 1..a.ee by force na.)r.te in prevented from cuuducting drilling operations. reworking q­rtti,,tts or producing lu,inv oi­r.tiora, then until Ruch little as much law, (artier, rule., regulation, a-c,litretit or force voije.u.'. Is terminated and for n p,rwd of ninety (pill thys after Aulh tcru6.mtion vnell and every provinion of thin laame that andulat opt-rate to tarratinste It or the "tate conveyed LY it "hall be "u.pend"I and Irlop"'"Alve and this Irene shall continue In full force. It any period of suspension occurs during the printery term, the tune thl-r­f shall he 811,1­1 to Ruch terila ior and agrees that tans . at Its option, lo-Y disrharge any tax, mortgage, or pull ruild lead, ­wiit�i tt, much lien with right to enforce mane arid apply rentals and royalties other ilL Itee I. od in the _,ot je_ee at,-, s,,, it rahalt I— r,,bi I h the I accruing hereunder tow­1 6stinfing ­rle -Wit' , alf­.-. ...- M Illk- apk._4ta,_wen,,va.A,. n ciao a it In agreed that, it lessor owrin &it Inteient In mald Iftild less than the entire fee niolille entrate then the ra­hhn, and _11taim u) be paid lessor shall be reduced proportionaptly; should any one or more of the parties nanred above an 1­,ra ('11 to execute thin leave, it .11 at 11 nevertheless be binding upon the party or parties executing the &*Ina, 11, Learn,. Its/lall-Ile,en-o"and aa­lico-, shall have th,- right at any little to surrender this lefthe. In whole or In part, ta lessor or Ills heirs and sardirris by delivering or mailing a release ther­f it, the le:,mor, or by Marlow n rt Ic-^me thereof of record In the county in which said hind is situated; 1-heroup.ra lessee shall be relieved from all oblightiorta, expresnad or Implied, „f this nure-eultot as to the ncreage so surrendered, and thereafter tue rentals payable hereunder shall he reduced in the proportion that the ac,e*va, covered hereby is reduced by-aid release or relasus". IN WITNESS WHEI(KOF, we sign the Asy and year first above written- City of Wichita Falls , Texas All"PE ST BY City Clerk Acting city Manager z�> RIDER ON W. A. LOFTON LEASE Notwithstanding the other provisions of this lease, it is distinctly understood that Lessee shall not conduct any drilling operations or make any installations or lay any pipeline on the leased property until the loca- tion of the well, installation of other equipment and any pipeline is approved by the City of Wichita Falls and the drilling location, drilling operations, installation and pipeline must meet the specifications design- ated by the City to protect the water in Lake Kickapoo. Notwithstanding the other provisions of this lease, Lessee shall not have the right to use water from Lake Kickapoo free of charge. Notwithstanding the other provisions of this lease, if the Lessee pools part of the leased premises with other land, the drilling or spacing units may not be more than the minimum number of acres on which an oil and gas well must be located to comply with the rules or orders of the Railroad Commission of Texas or any other federal or state regulatory body that has authority to control or regulate the spacing of oil and gas wells. In any unit pooled for oil or gas, said oil or gas unit shall be composed of no less than 50 per cent acreage from the property herein leased. Notwithstanding the other provisions of this lease, if, at the end of the primary term, this lease is being maintained by production of oil or gas on the leased property or land pooled with the leased property, or is being maintained as otherwise herein provided, Lessee shall commence an additional well within six months after the end of the primary term, and shall thereafter carry out a continuous drilling program with an additional well commenced within six months of the completion of the preceding well. When development ceases by the failure of the Lessee to commence an additional well within six months after the completion of the preceding well , this lease shall automatically terminate insofar as it covers all the property herein leased, save and except such part of the leased property as is included within producing pooled units and such acreage around each producing well on the leased property equal to the amount of acreage the Railroad Commission of Texas allocates for the production of oil and gas ,for a proratiol unit on the leased property, which, in no event, shall exceed 80 acres for an oil well and 320 acres for a gas well. Each water disposal well, water injection well and/or water supply well shall be regarded as a producing well. There is no warranty of title, either expressed or implied. Signed for Identification