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Min 10/07/1980 175 Wichita Falls , Texas Memorial Auditorium Building October 7, 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 Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by J. W. Lasater, Highland Heights Baptist Church. Mayor Hill announced that this is the first meeting for our new City Manager Stuart Bach. Item 3 Moved by Alderman Thomas that minutes of the meeting held September 23, 1980, be approved. Motion seconded by Alderman Boston, and carried unanimously. Items 5b and 5c were moved from the consent to the regular agenda. Items 4a - 6h Moved by Alderman Hampton that the remaining items on the consent agenda be approved. Motion seconded by Alderman Traywick. Item 4a ORDINANCE NO. 3735 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY IN BLOCK 9, BARWISE AND JALONIC ADDITION OF THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None ✓ Item 4b ORDINANCE NO. 3736 ORDINANCE AMENDING SECTION 24-21 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF POLICE LIEUTENANTS, POLICE SERGEANTS AND POLICE OFFICERS. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None 176 Item 4c ORDINANCE NO. 3737 AN ORDINANCE RELEASING AND ABANDONING ALL RIGHTS TO A FIVE FOOT STRIP OF UTILITY EASEMENT ON LOT 59, BLOCK 4, UNIVERSITY PARK, SECTION F. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5a ✓RESOLUTION NO. 2635 RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE GRANT AND ACCEPT LEGAL RESPONSIBILITIES INHERENT IN A FEDERAL REAL ESTATE GRANT. w WHEREAS, certain real estate owned by the United States of America consisting of seventeen acres in Northwest corner of Sheppard Air Force Base located in the County of Wichita, State of Texas, has been declared surplus and may be available for disposal by the Secretary of Health and Human Services, and WHEREAS, the City of Wichita Falls is in need of said property and can utilize the same for a wastewater treatment plant; and WHEREAS, it is the desire to the Board of Aldermen, the governing authority of the City of Wichita Falls to submit an application to the Department of Health and Human Services, for acquisition of the property or a portion thereof, under the provisions of PL 81-152, and regulations and procedures promulgated thereunder. NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen that Stuart Bach, City Manager of the City of Wichita Falls, be and he is hereby designated as the proper official of said City of Wichita Falls by whom negotiations for such acquisitions are to be prosecuted; he is hereby duly authorized to do any and all things necessary and proper to procure acquisition of, and to accept, the property approved for grant by the Department of Health and Human Services. The designated official will sign all documents pertaining to the acquisition of the property and he or his successor in function will sign annual utilization reports which will be required by the Deed. BE IT FURTHER RESOLVED that the City of Wichita Falls is ready, willing and able, and is hereby authorized to commence the proposed program within a period of time prescribed by the regulations of the Department of Health and Human Services , to pay all external administrative expenses incident to the transfer of said property; to assume the expense of commencing and operating the proposed program; and to assume immediate care and maintenance thereof upon transfer. BE IT FURTHER RESOLVED that two certified copies of this Resolution be furnished to the Director, Federal Real Property Assistance Program, Department of Health and Human Services, Region VI , as evidence of the official action of the Board of Aldermen in authorizing the application for, and acquisition of said property. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 5d VRESOLUTION NO. 2636 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND PAYMENT OF RELOCATION EXPENSES FOR THE MHMR SECTION 202 IMPROVEMENT PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for MHMR SECTION 202 IMPROVEMENT PROJECT. WHEREAS, such properties have been appraised by an independent appraiser employed by the City for this purpose, and the amount of the appraisals has been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works . 177 Item 5d, cont'd. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas: MHMR SECTION 202 PROJECT Lots 1 , 2, 22, 23, & 24, Block 1 , Boyd Re-Subdivision of Belevue Addition. Total values approved in this resolution--------------------------$25,500.00 Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls , Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b Revised Civil Statutes of Texas. Section No. 4 In event the City Manager is unable to purchase any such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls , Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None ✓' Item 5e ✓"RESOLUTION NO. 2637 A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS TEXAS, THAT: SECTION 1 . A public hearing shall be held in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas at 8:30 a.m. on the 4th day of November, 1980, at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings , annexing the following described lands: A tract of land located in Blocks 16, 21 , 26, and 27, Kemp & Newby Subdivision of Cherokee County School Lands, A-33, Wichita County, Texas , as shown in the attached plat of Tract I. A tract of land located in the Cherokee County School Land, A-33, Blocks 26 26 & 30 Wichita County, Texas and Cherokee Count > Y � Y School Lands , A-33, Block 30, 33 & 35, Clay County, Texas, as shown in the attached plat of Tract II. A tract of land out of the Robert Evans Survey, A-74, Wichita County, Texas , as shown in the attached plat of Tract III . A tract of land in J.R. McDowell Survey, A-194, Wichita County, Texas, and J.R. McDowell Survey, A-282; T.S. Smith Survey, A-1140; j� J.A. Scott Survey, A-915; German Emigration Company, Survey A-150 j & A-151 , Archer County, Texas , as shown in the attached plat of Tract IV. 178 Item 5e, cont'd. SECTION 2. The City Clerk is directed to give public notice of such hearing by publishing a notice thereof one (1 ) time in a newspaper having general circulation in the City and in the territory to be annexed, not more than twenty (20) days nor less than ten (10) days prior to the meeting. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays : None Item 5f RESOLUTION NO. 2638 RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT OF PURCHASE OF FIRST ASSEMBLY OF GOD PROPERTY, LOTS 8 AND 9, BLOCK 146, « ° ORIGINAL TOWN OF WICHITA FALLS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, The City Manager is hereby authorized to negotiate and execute a contract of purchase of the First Assembly of God Church building and property, being Lots 8 and 9, Block 146, Original Town of Wichita Falls. The City Manager is further authorized to close such purchase by delivering the consideration and accepting the deed. The price to be paid for such purchase is $180,000. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None ✓ Item 5g RESOLUTION NO. 2639 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A LEASE--PURCHASE AGREEMENT WITH FIRST ASSEMBLY OF GOD CHURCH FOR LOTS 10, 11 AND 12, BLOCK 146, ORIGINAL TOWN OF WICHITA FALLS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, The City Manager is hereby authorized to execute a Lease--Purchase Agreement with the First Assembly of God Church covering Lots 10, 11 and 12, Block 146, Original Town of Wichita Falls. Under such agreement, the City will pay the Church at the rate of $5,000 a year for a period of ten years , the first payment being due on or before October 1 , 1981 , and a like payment being due on or before the 1st day of October of each succeeding year. When ten payments of $5,000 each have been paid to the Church, the Church shall execute a deed to the City conveying such property. The City will have the option at any time to accelerate the payments, and obtain a deed upon the payment of the full sum of $50,000. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 5h % RESOLUTION NO. 2640 RESOLUTION APPROVING CONTRACT FOR ARCHITECTURAL SERVICES WITH CHARLES DUNHAM AND ASSOCIATES. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Charles Dunham and Associates for architectural services required to remodel the church building at 7th and Bluff Streets in Wichita Falls is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 179 Item 5h, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5i v' RESOLUTION NO. 2641 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE WITH UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL WEATHER SERVICE SOUTHERN REGION CONCERNING OCCUPANCY OF SPACE AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT; That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and National Weather Service setting annual rent is hereby approved and the City Manager is authorized to execute same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5j Vj RESOLUTION NO. 2642 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO THE LEASE OF THE FEDERAL AVIATION FLIGHT SERVICE STATION RELATIVE TO ANNUAL RENTAL OF SPACE AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Federal Aviation Adminstration, Flight Service Station, setting annual rental , is hereby approved and the City Manager is authorized to execute same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None ,Item 5k v RESOLUTION NO. 2643 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO THE LEASE OF THE FEDERAL AVIATION SECTOR FIELD OFFICE RELATIVE TO ANNUAL RENTAL OF SPACE AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Federal Aviation Administration Sector Field Office, setting annual rental , is hereby approved and the City Manager is authorized to execute same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None v Item 6 Minutes of the meetings of the following boards and commissions were received. 180 Item 6, cont'd. a. Aviation Advisory Board - September 17, 1980 b. Planning Board - September 10, 1980 c. Traffic Safety Council - September 3, 1980 d. Board of Electrical Examiners - September 11 , 1980 e. Park Board - September 25, 1980 f. Mayor's Commission on Status of Women - September 9, 1980 g. Housing Finance Corporation - September 12, 1980 h. Arts Commission - September 15, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None �. Item 5b Discussion was held on a proposed resolution approving appraisals and authorizing purchase or condemnation of property for the Wichita River Greenbelt project. Alderman Russell asked about the number of structures and occupied structures in this area. Ernest Lillard, Director of Public Works, was unsure; however, he stated that as clear titles are obtained, they will bring these properties to the Council . It was pointed out that the river did not get out of bank in this area recently when the water was high. ), RESOLUTION NO. 2644 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE WICHITA RIVER GREENBELT IMPROVEMENT PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Wichita River Green Belt Improvement Project; and, WHEREAS, such properties have been appraised by Independent Appraisers employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in the possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls , Texas; WICHITA RIVER GREEN BELT All of Block 2, Breaux Addition Lots 1 ,2,3, & 4, Block 3, Breaux Addn. N.W. 100' x 332' Block 6, Breaux Addn. 188' x 340' Block 1 (1 .47 Ac. ) Breaux Addn. 2.34 Acres, Blk. 6, Breaux Addn. 70' x 332' of Block 6, Breaux Adn. Total of values approved in this resolution------------------$108,900.00 AM Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deeds such tracts of land in the name of the City of Wichita Falls, Texas. The authorized prices to be paid for such tracts are the values as determined by the appraisals made by the independent appraisers referred to above. Section No. 3 In addition to the purchase price provided for in Section 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b, Revised Civil Statutes of Texas. 181 Item 5b, cont'd. Section No. 4 In the event the City Manager is unable to purchase any such tracts for such approved values he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls, Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such properties for more than the appraised value in order to save the estimated cost of condemnation. Moved by Alderman Russell that Resolution No. 2644 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 V' Item 5c A proposed resolution was presented approving appraisal and authorizing purchase or condemnation of certain property for Midtown 2000 project. Alderman Russell clarified that the location of this property is between 7th and 8th and Ohio and Indiana. She asked for what portion of the 2000 plan is this property being acquired? Roger McKinney, Director of Planning, stated that it is for off-street parking. They are vacant lots directly across from the farmers ' market. This is the second phase of the plan. Mayor Hill inquired if Mr. McKinney had received any complaints from private parking lot owners about the City purchasing these lots for free parking? Mr. McKinney stated that he had received none. RESOLUTION NO. 2645 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND PAYMENT OF RELOCATION EXPENSES FOR THE MIDTOWN "2000" IMPROVEMENT PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for Midtown "2000" Improvement Project; and, WHEREAS, such properties have been appraised by an independent appraiser employed by the City for this purpose, and the amount of the appraisals has been studied by the Board of Aldermen , and copies of same are now in possession of the Director of Public Works . NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas : MIDTOWN "2000" IMPROVEMENT PROJECT All of Lot 4, and N-1/2 of Lot 5, Block 163 Original Townsite Total values approved in this resolution---------------------------$18,800. Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments , rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the 182 Item 5c, cont'd. Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls , Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Moved by Alderman Traywick that Resolution No. 2645 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and - Boston Nays : None V Item 7a Bill Gowan, Attorney, appeared for Al Vergauwen concerning drainage improvements on property which he desires to develop as a sports complex. This property is located directly East of Harrell School . The subdivision ordinance requires that land being platted comply with drainage requirements necessary to meet a ten- year flood plain plan. Mr. Vergauwen checked with Street Superintendent Don Golightly about installing two 42-inch concrete pipes for drainage. He was later told that it would not meet the ten-year flood plain requirement. They realize that it does not meet that requirement. He stated that these two lines will now handle the runoff. Mr. Lillard has said that some day they may change that system, and the 42-inch lines will not handle it at that time. There is no flooding on that property, although there is flooding behind the school grounds. City Manager Stuart Bach pointed out that the Council needs to look at drainage systems as systems, and not as separate units. Director of Public Works Ernest Lillard stated that the water would not go to the North in an already developed area. We tell the developer to have their engineer design a system that will meet our criteria. The engineer has brought in a design that will meet our criteria. We know there are needs upstream. Just because someone made a mistake several years ago is no reason to continue that mistake. The problem has been addressed by the subdivision requirements. This property has been before the Planning Department at least every two years. It has never developed because of the price tag on drainage improvements. We have not changed our criteria, and we will approve a plan on that basis. Mr. Gowan stated that the water did not stand on this land last year or this year after the rains. He further stated that there are no real concrete plans to develop drainage plans in this area. If you have a definite plan with the understanding that part of that plan is not in existence, and he does not know whether it will ever be in existence, what you are asking Mr. Vergauwen to do is develop this drainage system that will not benefit his property. Mr. Bach inquired if any engineering calculations have been developed as to the amount of runoff which will be created by parking lots, etc. Mr. Gowan stated that it will not be a problem on their property. He requested that they be allowed *'* to put in two 42-inch concrete pipes. Alderman Thomas inquired if this were allowed, would they be willing to make the additional improvements at a later date? Mr. Gowan stated that property cannot be financed on that basis. Alderman Smith stated that there are serious flooding problems in that area, citing his personal experience in owning property in that area. He does not believe we should allow something to go in there that will not take care of the drainage. Moved by Alderman Hampton that we follow the recommendation of the Public Works Department, and deny the waiver. Motion seconded by Alderman Thomas. 183 Item 7a, cont'd. Alderman Traywick stated that we are probably preventing development of this property if we do this. We would try to look at the optimum solution to this problem. What are the possibilities that this problem will be rectified? The revenue that this sports complex will generate will probably offset the cost the City would incur if they had to bear the entire cost. Mr. Bach noted that when people buy property in an area like this, they realize that they are paying less for it than otherwise. Installation costs of these pipes is probably $20,000 to $30,000. Mr. Gowan stated that the two 42-inch pipes will handle the situation as it now is. Mr. Lillard noted that Mr. Vergauwen did not check with either the Engineering or Planning Departments , but instead he checked with the Street Superintendent. Mr. Bach mentioned a retention basin concept. It can be a less expensive alternative in some cases. Mr. Lillard stated that if the engineers will bring us a system which is acceptable, they will recommend it. The motion to deny the waiver was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays: Alderman Traywick Item 7b Tom Francis, 5524 Briargrove, requested the same exemption from the sign ordinance for his business at 3712 Call Field, which has been granted to Councilman Smith for his business. He stated that it is a permanent sign. Director of Public Works Ernest Lillard stated that a sign must be nine feet above ground. He suggested that the Engineering Department reconsider the site distances, etc. at this location. There are several factors to consider other than design of the sign, such as traffic and effect of traffic entering and leaving the premises. Alderman Traywick suggested that the staff look at the situation more closely. Moved by Alderman Traywick that the staff assemble the necessary information needed for consideration, and bring it back to the next regular meeting. Motion seconded by Alderman Thomas, and carried unanimously. ✓Item 7c Don Short, Attorney, appeared representing Ron Matthews , requesting waiver of an ordinance to obtain a permit for an office building at Pearl and Brook Street. Alderman Thomas asked if the Council has the right to waive deed restrictions? Mr. Short stated that they did not have any right to waive deed restrictions and objections by private property owners. They are asking that the conditions of Ordinance No. 3457 be waived. Mr. Short pointed out that there are a number of doctors' offices along Brook Street, and he is requesting waiver of this ordinance for either a doctor's office or real estate office. Mr. Bach noted that an alternative they might want to consider would be to grant the waiver, subject to plans that are approved, with the stipulation that it be either a doctor's or real estate office. Moved by Alderman Traywick that the building permits be granted, with the limitation that it be designed for either a real estate or a physician's office. Motion seconded by Alderman Boston. 184 Item 7c, cont'd. Alderman Thomas commented that the next request will come farther down the block, and they will have the same argument. Because we have no zoning it is incumbent upon us to protect the citizens as much as possible. Alderman Traywick stated that we have gone as far as we can go in land use controls. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays : Alderman Thomas v Item 8a A proposed ordinance was presented amending the subdivision ordinance. Director of Planning Roger McKinney presented the platting requirements. He stated that this amendment better clarifies the language, and makes the ordinance easier to administer. .,' ORDINANCE NO. 3738 AN ORDINANCE AMENDING THE COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118, BEING APPENDIX A OF THE CODE OF ORDINANCES OF WICHITA FALLS, TEXAS, ESTABLISHING THE AUTHORITY, PURPOSE AND AREA OF SUBDIVISION REGULATIONS, AND ESTABLISHING THE REQUIREMENT OF PLATTING OR REPLATTING PROPERTY. Moved by Alderman Hampton that Ordinance No. 3738 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 8c Bill Hursh, Director of Parks and Recreation, presented a request from Dennis Bishop to hold a tennis tournament at Hamilton Park Tennis Center on October 22-26. Mr. Bishop also requested that they be allowed to possess and consume beer in Hamilton Park for this tournament. Alderman Thomas stated that he had asked the father of 13 or 14 year old boys if this would be a problem, and he had stated that it would not be. ; ORDINANCE NO. 3739 ORDINANCE WAIVING SECTION 22-1 (a) (8) AND SECTION 22-4 TO ALLOW SALE, POSSESSION AND CONSUMPTION OF BEER IN HAMILTON PARK AT THE HAMILTON PARK TENNIS CENTER ON OCTOBER 22-26, 1980. Moved by Alderman Thomas that Ordinance No. 3739 be passed. Motion seconded by Alderman Hampton. Alderman Smith commented that although this had been recommended by the Park Board, that some of the members had second thoughts on it after they voted because of the precedence. It was not a unanimous decision. Rather than expanding these exceptions, he stated that he would vote against it. Mr. Bishop had also stated that the granting of the waiver was not a condition of either having the tournament or not having it. The motion failed by the following vote. Ayes: Aldermen Hampton, Thomas, and Boston Nays: Mayor Hill , Aldermen Traywick, Russell , and Smith 185 Item 9a A proposed resolution was presented approving change order for Weeks Park Golf Course Clubhouse. Bill Hursh explained the additional work requested. , RESOLUTION NO. 2646 RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR WEEKS PARK GOLF COURSE CLUBHOUSE. WHEREAS, the City of Wichita Falls entered into a contract dated September 5, 1980, with C. D. Graham Construction Company as contractor for the construction of the Weeks Park Golf Course Clubhouse; and, WHEREAS, the City has requested additional work as shown on the attached Change Order No. 2 for a price of $1 ,756.98 and which work will require additional time to complete. 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 execute the attached Change Order No. 2 for the City of Wichita Falls for an additional $1 ,756.98, and to allow the completion date of the contract to be October 28, 1980. Moved by Alderman Hampton that Resolution No. 2646 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 1Oa Bids were considered on a 22 cubic yard elevating scraper for the landfill . The low bid was submitted by Conley-Lott-Nichols , but they did not submit a guaranteed availability provision. Darr Equipment Company submitted an alternate proposal in the amount of $196,070, with an agreement to abide by the terms of the bid. Ernest Lillard, Director of Public Works, stated that one of the things they have to consider is the availability of the machine at all times. We need to have available to us , on some guaranteed basis , the use of a machine when it is down for repairs. Moved by Alderman Thomas that the bid be awarded to Darr Equipment Company, Wichita Falls, in the amount of $196,070. Motion seconded by Alderman Traywick, and carried unanimously. v Item 1Ob Bids were considered on copying equipment for the print shop. Mark Watson, Administrative Assistant, recommended for Jack Humphries , Data Processing Manager, that we purchase the IBM Copier III , Model 20 with collator. Estimated costs are approximately $1 ,163.00 per month based on 40,000 copies per month. The present Pitney Bowes copier will be replaced by terminating the lease arrangement with them. Actual purchase price of the IBM Copier III is $25,254.00. This machine will be leased on a lease-purchase plan. Moved by Alderman Thomas that we purchase the IBM Copier III , as recommended. Motion seconded by Alderman Russell , and carried unanimously. 186 L/ I tem 11 b Moved by Alderman Thomas that a public hearing on hazardous structures be held on November 4, 1980. Motion seconded by Alderman Russell , and carried unanimously. v Item 11 c A proposed resolution was presented extending the suspension on the Texas Electric Company rate increase request. This extension will allow the new City Manager to review this matter. RESOLUTION NO. 2647 RESOLUTION EXTENDING THE SUSPENSION OF THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY TEXAS ELECTRIC SERVICE COMPANY FOR AN ADDITIONAL PERIOD OF 30 DAYS. WHEREAS, by Resolution No. 2540, the Board of Aldermen of the City of Wichita Falls suspended the operation of Texas Electric Service Company's proposed rate schedules filed with the City of Wichita Falls, Texas, on May 15, 1980, for a period of 120 days from June 19, 1980, for further study, investigation and pre- sentation of evidence; and, WHEREAS, the Board of Aldermen find that a longer time will be required for a final determination, and that the period of suspension should be further extended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The operation of Texas Electric Service Company's rate schedules filed with the City of Wichita Falls, Texas, on May 15, 1980, is hereby suspended for an additional period of 30 days beyond the 120 day suspension provided for by said Resolution No. 2540, for further study and investigation. Moved by Alderman Hampton that Resolution No. 2647 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 Gary Cardwell , 4806 Big Bend, stated that the schools have initiated Project SHINE to be held on October 25. The PTA's will promote the project in each school and neighborhood. He encouraged each citizen to join in making a cleaner city. They plan to talk with Joe Leonard about picking up the trash collected. Alderman Smith desired to get the business and industrial community involved in this also. Alderman Traywick suggested public endorsement by the Council . City Manager Stuart Bach stated that he is familiar with the clean community system. It entails involvement by many of these groups which have been mentioned. We will be reviewing our ordinances on this subject, and some innovative ideas which may not have been tried here. The City has been nominated as one of *� nineteen cities in the nation for All American City. Mr. Bach stated that it is a very fine honor just to be nominated. He felt that Project SHINE would be further beneficial to us. John Nachbar, Administrative Assistant, submitted the application for the City. Selection is based only on merit. Mayor Hill commended him for a very fine job. Alderman Traywick stated that we are in the process of reviewing our group v life and health plan. He requested that Mayor Hill and Aldermen Thomas serve on this committee with him. 187 Item llc, cont'd. The Council recessed at 10:30 to consider personnel matters in executive session. The meeting resumed at 11 :00. Item Ila y Moved by Alderman Thomas that appointments to the Mayor's Commission on the Status of Women be postponed for more information. Motion seconded by Alderman Russell , and carried unanimously. City Attorney H. P. Hodge requested that he be permitted to except the railroad right-of-way from the provisions of Ordinance No. 3735, which was passed earlier in this meeting. Moved by Alderman Hampton that authority be granted to make this exception. Motion seconded by Alderman Boston, and carried unanimously. The Board of Aldermen adjourned at 11 :05 A.M. PASSED AND APPROVED this /4;�6> day of - —� �i� 1980. /2L- 6L� MAYOR pro t2M ATTEST: CITY CLERK C THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B741 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Seventh (7th) y da of October in the year of Nineteen Hundred and Eighty (1980) . BETWEEN the Owner: CITY OF WICHITA FALLS P.O. Box 1431 Wichita Falls, Texas 76307 and the Architect: DUNHAM+ASSOCIATES, Architects & Planning Consultants Suite B/3915 Callfield Rd. , Wichita Falls, Texas 76308 F. Charles Dunham, Principal For the following Project: (Include detailed description of Project location and scope.) The renovation and design of a new municipal court facility of approximately 4,500 square feet, inclusive of any elements incidental to that renovation, to be situated in an existing building located at the north- east intersection of Seventh and Bluff Streets, Wichita Falls, Texas. Architect' s Project No. 8021. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1%3, 1966, 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prusecutiun. AIA DOCUMENT B141 • OWNER-ARCimLcr AGREENA[.Nl • IJilkILI NIH EDITION • )UI.Y 1977 • AIA • ©1977 B141-1977 1 1HE AMERICAN INSTIIUIE OE ARCHITLCTS, 1735 NtW YOkl, AVENUE, N.W., WASHINGTON, D.C. 20006 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services, 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. and shall review the understanding of such requirements 1 5 CONSTRUCTION PHASE—ADMINISTRATION with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- 1.3 CONSTRUCTION DOCUMENTS PHASE ante with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for .approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- intormed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepaia- 1.5.5 1 he Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 6141 • OWNER-AR( ACRLC�titENT • MIR7tt":ili ED!T!ON • Il!t.Y 111,77 • AIA • G I»' B141-1977 3 111E AMLRICAN INSTITUIL OF AKCHITECIS, 1755 NEW PORK AVLNI'E, N.W., WASHIN(',TON, D.C. 20006 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract DOCLI- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- 1.5.7 The Architect shall determine the amounts owing stated or completed. to the Contractor based on observations at the site and on 1.5.13 The Architect shall review and approve or take evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Docurnents. only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents, and shall have authority to order ity of the Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final corn- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 1 he extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall ment and in the Contract Documents. be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. 4 6141-1977 AIA DOCUMENT 8141 • OWNER ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA® • Q 1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required In gramming the requirements of the Project, connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance ronmental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis Construction, sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.7.10 Providing interior design and other similar ser- 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval, a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval other documents when such revisions are inconsistent of submissions and for approvals of authorities having with written approvals or instructions previously given jurisdiction over the Project.This schedule,when approved are required by the enactment or revision of codes, laws by the Owner, shall not, except for reasonable cause, be or regulations subsequent to the exceeded by the Architect. g q preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner, responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source. AIA DOCUMENT 9141 - OWNER-ARCHITECT AGREEMENI - THIRTEENltI EDITION - )DIY 19,7 - AIM, - ©1977 HIE AM€.kICAN INSMI)IE Or ARCH11ECTS, 1;�5 NI-W )OKK AVENUE, N.W., WAS?II�'JGrON, U.C. 20006 6141-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the conTpen- representative shall examine the documents submitted by cation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design protessional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public: and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- fished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con- tions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation, to de- poses the Contractor uses the moneys paid by or on be- [ermine what materials, equipment, component systems half of the Owner. ' and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be rnents alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If die Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished nlent, the Architect, without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 0141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITIi1N • 1ULY 1977 • AIA& • (6)1977 6 h141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 of pensa- with the fixed limit.The providing of such service shall betion torda y Basic through nofault requh required r for tsuch extended the limit of the Architect's responsibility arising from period of Administration of the Construction Cont ract establishment of such fixed limit, and having done so, the pll be Architect shall be entitled to compensation for all services t halal Seromputed as set forth in Paragraph 14.4 for A i- performed, in accordance with this Agreement, or not the Construction Phase is commenced. 6.1.4 When compensation is seddon the P ejt gea e of Construction Cost, and any portions ARTICLE 4 deleted or otherwise not constructed, compensation for -------- such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services h the schperformed dule set dforrth on in Subparagraph 14.2.2,uch Portions, in based 4.1 Direct Personnel Expense is defined as the direct dance sat- on (1) the lowest bona fide bid or negotiated proposal or, aries of all the Architect's personnel engaged on the Proj- (2) if no such bid or proposal is received, the most recent ect, and the portion of the cost of their mandatory and Statement of Probable Construction Cost or Detailed Esti- customary contributions and benefits related thereto, such male of Construction Cost for such portions of the Project. as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional ARTICLE 5 Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly REIMBURSABLE EXPENSES upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include 6.3 PAYMENTS WITHHELD actual expenditures made by the Architect and the Archimade- ns shall tect's employees and t consultants in the e following of the 6.3.1 o cle ontraccount ob penat f y, l liquidated damages Project for the expenses in the owng or other sums withheld from payments to contractors, or paragraphs: on account of the cost of changes in the Work other than 5.1.1 Expense of transportation in connection with the those for which the Architect is held legally liable. Project; living expenses in connection with out-of-town INATION travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERM securing approval of authorities having jurisdiction over 6.4.1 if the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt and other documents, excluding n or Drawings, Specifications abandonment, togetherhe a Expenseswner of such then d the then reproductions for the office use of the Architect an Architect's consultants. due and all Termination Expenses as defined in Paragraph Expense of data processing and photographic pro- 10.4, If the Project is resumed after being suspended for 5.1.3 more than three months, the Architect's compensation duction techniques when used in connection with Addi- shall be equitably adjusted. tional Services. 5.1.4 If authorized in advance by the Owner, expense of ARTICLE 7 overtime work requiring higher than regular rates. ARCHITECT'S ACCOUNTING RECORDS 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per- 5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on limits, including professional liability insurance, requested the basis of a Multiple of Direct Personnel Expense shall by the Owner in excess of that normally carried by the be kept on the basis of generally accepted accounting Architect and the Architect's consultants. principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS T H ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 81 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement. ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially and o shall not beancy of hused bytthe Owner he ongs established in the Contract for Construction is exceeded i -ARCH!TECT AGRI tN11 NT - THIRTEENTH EDITION - IULY 1977 - AIA�'• ©1977 B141-1977 7 1H A% r•.LNTB1 N.W., WASHING'O'�, D.C. 20006 lHE AM.�U`.AN ' �..'�t OF AKCHIIECIS, 1115 NEW 1"ORF: AVENUE, other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Aichi- percentage of the total Basic and Additional Compensa- tect. tion earned to t1le time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties inutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific refetence to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights 9.2 Notice of the demand for arbitration shall be filed in against each other and against the contractors, consult- writing with the other party to this Agreement and with ants, agents and employees of the other for damages cov- the American Arbitration Association. The demand shall ered by any property insurance during construction as set lute forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTICLE 10 representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner ARTICLE 13 upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. 8 6141-1977 AIA DOCUMENT 8141 - OWNLR•ARCHiTEt1 AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIA' - W 1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees,and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, it necessary.) A. Principal 's time at the fixed rate of thirty dollars ($30.00) per hour. For the purposes of this Agreement, the Principal is F. Charles Dunham. B. Associates time at the fixed rate of twenty-five dollars ($25.00) per hour. C. Clerical time at a fixed rate of ten dollars ($10.00) per hour. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services,a multiple of One and 15/100 ( 1. 15 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 15, it required.) 14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses,a multiple of One and 10/100 ( 1. 10 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement 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 principal place of business of the Architect. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the rederal Truth in lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of husiness, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (12 months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA®• ©1977 10 8141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of Five Hundred and No/100 ------------------ dollars ($500.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: Said payment shall be credited to the Owner' s account and applied to the last payment. 14.2 BASIC COMPENSATION 14,2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall he computed as follows: (Here insert bail of compensation, including Tiled amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, it neces>ary.) A. Compensation for services rendered by principals, employees and consultants shall be based on a Percentage of Construction Cost not to exceed twelve percent (12%) . Said compensation shall be computed on a single, stipulated sum, low bid cont- ract proposal before deductive proposals are accepted. B. Should the scope of this project change significantly, the herein named architect agrees to negotiate and modify the aforementioned percentage in proportion to the proposed increase in that scope. 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate,) Schematic Design Phase: twenty percent( 20 %) Design Development Phase: twenty percent( 20 %) Construction Documents Phase: forty percent ( 40 %) Bidding or Negotiation Phase: five percent ( 5 %) Construction Phase: fifteen percent( 15 °-,) Total : one hundred percent 100`0) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. A!A DOCUMENT 8141 - OI,VNFR-AKCI1111( I AGKFFNII N7• 1W;,11INIII IDMON - j(_!Y PI ' - AIMI • r 1977 1'11t ANIERICAN INS111UtE OF AKCHHLCIs, 1735 Ncw )OKK AVI•ult, N.W., %%M11INGIVN, D.C. 20006 B141-1077 9 ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 ARBITRATION, ARTICLE 9, shall not be a part of this agreement and is therefore null and void. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION JULY 1977 • AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 0141-1977 11 i NOTE: "The Texas Board of Architectural Examoners, 5555 N. Lamar Blvd. , Bldg. H-117, Austin, Texas 78751 , phone 512/458-1363, has jurisdiction over individuals licensed under the Architect' s Registration Law, Article 249a, VTCS. " This Agreement entered into as of the day and year first written above. OWNER CITY OF WICHITA FALLS ARCHITECT DUNHAM+ASSOCIATES Wichita Falls, Texas Architects & Planning Consultants Rr- BY Mr. Stuart A. Bach BY F.C. Dunham AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JUEY 1977 • AI0 • ©1977 12 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 CITY CLERK'S OFFICE Date ....1. -02�_se) UNITED STATES DEPARTMENT OF CO1,IML tCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION By "- NATIONAL WEATHER SERVICE SOUTHERN REGION Fort Worth, Texas 76102 SUPPLEMENTAL AGREEMENT NO. 1 THIS AGREEMENT, made and entered into on October 1, 1980 , by and between The City of Wichita Falls, Texas, whose address is Wichita Falls, Texas 76301, herein- 'N. after called the Lessor and The United States of America, hereinafter called the Govern- k4=>_ ment, witnesseth; THAT, WHEREAS the parties have heretofore entered into Lease NA79WBF000037dated July 1, 1979, covering occupancy of the premises by the Government in the Administration Building, Municipal Airport, Wichita Falls, Texas; WHEREAS said lease has been duly renewed through September 30, 1981; and, WHEREAS it is now the intent of the parties hereto to amend said lease to reflect an increase in rental; NOW, THEREFORE, it is mutually understood and agreed, by and between the parties hereto, that, effective as of October 1, 1980, paragraphs 3 and 5 of said lease are amended, in their entirety, to read as follows: F: Paragraph 3: The Government shall pay the Lessor annual rent of $7,380.28 at the rate of $615.02 per month in arrears. . Rent for a lesser period shall be prorated. Rental checks are to be payable to: City of Wichita Falls, Wichita Falls, Texas 76301. Paragraph 5: ." This lease may be renewed at the option of the Government for the following terms and at the following rentals: Seven Thousand Three Hundred Eighty and 23/100 Dollars ($7380.2< " - and otherwise upon the terms and conditions herein specified; PROVIDED, that no renewal shall extend the period of occupancy of the premises beyond the thirtieth day of September 1984; and, provided notice be given in writing to the Lessor at least thirty (30) days before the end of the original lease term or any renewal term; all other terms and condi- tions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their name as of the date first above written. U14ITED STATES OF AMERICA, NOAA CITY OF WICHITA FALLS, TEXAS ... National Weat Sher rvice •'e4 / ZZ By. D. L. Tooley Title: Frocure:.!�nt Of.Lice� Title: City Manager A kIW Y y r DEPARTMENT OF TRA14SPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 Lease No. DOT-FA77SW-1020 FSS/SFO Wichita Falls, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into on the 3rd day of September 1980, by and between THE UNITED STATES OF AMERICA, hereinafter called the Government represented by the Federal Aviation Administration and the CITY OF WICHITA FALLS, TEXAS, whose address is Wichita Falls Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas, 76301 , WITNESSETH, That: WHEREAS, on the 1st day of July 1976, the parties hereunto entered into Lease No. DOT-FA77SW-1020, for the purposes and considerations more particularly stated in said Lease; and WHEREAS, it was determined on the 3rd day of September 1980, by the parties hereunto to amend said lease to increase the Janitorial/Custodial service rate and the Custodial service rate in compliance with the intent and purposes of paragraph 11 of the lease as requested in writing by the Government's Lessor; and WHEREAS, the parties hereunto find it to their mutual advantage and benefit to amend said lease to increase the Janitorial/Custodial rate for 1 ,921 sq. ft. from $2.20 P.S.F. P/A to $2.45 P.S.F. P/A; and the Custodial rate for 633 sq. ft. from $1 .39 P.S.F. P/A to $1 .55 P.S.F. P/A; and increase the annual rental . NOW, THEREFORE, effective October 1 , 1980, the parties hereunto agree to amend the basic lease in the following particulars only, VIZ. : 1 . DELETE from the basic lease all reference to the initial monetary consideration of Article 3; and 2. DELETE from the basic lease all reference to Articles 9 and 10 of "Special Lease Provisions" ; and 3. ADD to the lease the new monetary consideration for Article 3 as annual rent in the amount of $14,064.72, payable by Government Quarter in arrears in the amount of $3,516.18; and 4. ADD to the lease revised Articles 9 and 10 reflecting the new Janitorial/ Custodial rate and the Custodial rate and the increased costs for such services, said Articles 9 and 10 shall be marked "Exhibit A" , attached hereto and made a part hereof. Supplemental Agreement No. 1 Lease No. DOT-FA77SW-1020 FSS/SFO Wichita Falls, Texas IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the date first above written. CITY OF WICHITA FALLS, TEXAS B Y: 74 TITLE: City Manager UNITED STATES OF AMERICA BY: HAROLD L. KEOG TITLE: Contracting Officer Lease No. DOT-FA77SW-1020 FSS/SFO Wichita Falls, Texas SPECIAL LEASE PROVISIONS 9. SPACE OCCUPANCY SCHEDULE Janitorial FACILITY Bare Space Custodial Bare Space Rental Rate Service Rate Total FLIGHT SERVICE STATION Sq. Ft. $3.28 $2.45 Annual Cost Chief' s Office 110 360.80 $ 269.50 $ 630.30 FSS Sec. Office 128 419.84 313.60 733.44 Operations Room 501 1 ,643.28 1 ,227.45 2,870.73 Examine Room 168 551 .04 411 .60 962.64 Equipment Room 495 1 ,623.60 1 ,212.75 2,836.35 Telco Room * 92 301 .76 (142.60) 444.36 Storage Shelf Area 72 236.16 176.40 412.56 Training & Ready Room 315 --T,033.20 771 .75 1 ,804.95 1 ,881 $ 6,169.68 $ 4,525.65 $10,695.33 AFSFO SFO Maint. Chief's Off. 132 $ 432.96 $ 323.40 $ 756.36 Gen. Mech. Shop * 217 711 .76 _ 336.35 1 ,048. 11 Gen. Mech. Shop * 116 380.48 179.80 560.28 Engr. Generator Rm. * 208 682.24 322.40) 1 ,004.64 673 2,207.44 1 ,161 .95 3,369.39 TOTAL 2,554 $ 8,377.12 $ 5,687.60 $14,064.72 --------------------------------------------------------------------------------------- NOTE: Janitorial & Custodial Service - 1921 sq. ft. x $2.45 = $ 4,706.45 * Custodial Service Only (no Janitorial ) 633 sq. ft. x $1 .55 = 981 .15 Net Sq. Ft. Rental area 2,554 sq. ft. x $3.28 = 8,377.12 TOTAL14,064.72 10. RENEWAL OPTION: This lease may at the option of the Government be renewed from year to year at an annual rental of FOURTEEN THOUSAND SIXTY FOUR AND 72/100 DOLLARS ($14,064.72) , and otherwise upon the terms and conditions herein specified. The Government' s option shall be deemed exercised and the lease renewed each year for one year unless the Government gives 30 days notice that it will not exercise its option before this lease, or any renewal thereof expires; PROVIDED, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 1981 ; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. The initial term of the lease shall be as stated in Paragraph 2; subsequent terms if renewal rights of this said paragraph are exercised, are: October 1 , 1976, through September 30, 1977; and thereafter October 1 through September 30 of succeeding fiscal years. • Supplemental Agreement No. 1 Lease No. DOT-FA77SW-1020 FSS/S FO Wichita. Falls, Texas CORPORATE CERTIFICATE certify that I am the City Clerk for the City of Wichita., Texas; that Stuart A. Bach who signed said agreement on behalf of the City wa.s then City Manager of said City; that said agreement was duly signed for and in behalf of said City by authority of its governing body, and is within the scope of its powers. DATED THIS �U day of �G'� �y ,1980. • SEAL DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 Lease No. DOT-FA73SW-1163 Sector Field Office Terminal Building Municipal Airport Wichita Falls, Texas SUPPLEMENTAL AGREEMENT NO. 2 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 3rd day of September 1980, by and between the UNITED STATES OF AMERICA, hereinafter called the Government, represented by the Federal Aviation Administration, and THE CITY OF WICHITA FALLS, TEXAS, hereinafter called the Lessor, whose address is Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas, 76307, WITNESSETH, That: WHEREAS, on the lst day of March 1973, the parties hereunto entered into Lease No. DOT-FA73SW-1163, for the consideration and purposes more particularly stated in said lease; and WHEREAS, on the 1st day of August 1976, the parties hereto amended said lease by Supplemental Agreement No. 1 dated September 8, 1976, for the considerations and purposes more particularly set forth in said supplement; and WHEREAS, on the 26th day of August 1980, the parties hereto have determined to increase the custodial and utility service rate in accordance with the intent and purposes of paragraph 11 of said lease, as requested by the Government's Lessor, in writing; and WHEREAS, the parties hereto find it is to their mutual benefit and advantage to increase said cutodial and utility rate from $2.20 per square foot per annum to $2.45 per square foot per annum thereby changing the annual rental cost from $1 ,792.00 per annum to $1 ,892.00 per annum. NOW, THEREFORE, effective October 1 , 1980, the parties hereto agree to further amend said lease in the following particulars only, VIZ. : 1 . DELETE from the lease, as amended, all reference to custodial and utility rate of $2.20 per square foot and the annual rental cost of $1 ,792.00 per annum; and 2. ADD to the lease, as amended, the new custodial and utility rate of per square foot per annum; and the new annual rental cost of $1 ,892.00 per annum, a total increase of $100.00; payable by Government quarter in arrears in the amount of $473.00 per quarter. ALL OTHER TERMS AND CONDITIONS of the basic lease are hereby ratified and as amended hereinabove shall be and remain the same. Supplemental Agreement No. 2 Lease No. DOT-FA73SW-1163 Terminal Building Municipal Airport Wichita Falls, Texas IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year first written above. THE CITY OF WICHITA FALLS, TEXAS THE UNITED STATES OF AMERICA BY:� B ROLD L. K H TITLE: City Manager TITLE : Contracting Of er Termin'll Building Municipal Airport Wichita Falls, Texas I i 1 'dr.II III I" II� 1� I CURPURAT I; CERTIFICAI I; � I ('eL'tlll' tll�lt. ) alll the � i City Cleric for the City of Wichita, 'Texas; that. i Stuart A. Bach who signed said agreement on behalf of the City Nva.s then of said City; that said agreement wa-s duly signed for and in behalf of said City by authority of its governing bodv, alai is wit.11ill the scope of its powers. DATED TIIIS �Q �t�' clay of SEAL CHANGE I)i"IrlhullOn to ORDER OwNI R I ► AR( I II I I( 1 I_) AIA UOCUMENi ("701 CONIRACIOR U f 1110 [] 0111I R [.I PROIR-11 Weeks Park Golf Course Clubhouse CIIAN(IE ORDLR NUMBER: Two (2) (name, address) INITIAIION DAIS: 5 September 1980 TO (Contractor): F ARCI T LC I'S PROJECT NO 783R6 C. D. Graham Construction Co. U)NTRACT MR: General Construction 5202 Old Jacksboro Highway Wichita Falls Texas 76302 ' CONTRACT DATE: 15 April 1980 r You are directed to make the following changes in this Contract: 1. Proposal No. 3 (Water line to ice maker & coffee pot; Adding air conditioning grills; Removal of concrete in back of building) $ 514.62 2. Proposal No. 4 (Additional plugs and electrical) 1 , 242 . 36 TOTAL $1,756.98 Not valid until signcd by bath i1w ONner ,ind Ai(III[(,(I Signatum of III(- (untr,u lnr inch( iw, hi, igrcenn w hr r(%(1I11, nu ludmg 'Im adlu,lnu•nl nt Ow ( unlra(1 sunt or < or)l,.0 l 1111" The Original (Contract S(Iml was . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242 ,600. ( Net change by pwviousl) iwIlmi/ed Chnng(• Otdets . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . $ 9,701 The (Contrast Sunl) ptiOt lu Ihic Ulwo e Ot(I(,r \\,I, $ 251,301. The (Contract Stem) be (incre,lsvdi (t{�4`{iy?i}4NK(t�15Xfi?fi}�N1 by this ( hange Ordor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 ,756. <' the new (Contract Sum) (k4ov, 0,4e } ,A;}}{�( unt,(y,� l in(lurllnc Ihis ( h,tn(;( Or(Icr \\ill he . . . $ :54,058. (' The Contra(( l inw will be (m( w,iwd) fourtren I 14 ) Days The Dale of Subst,lntl,ll Comlrlction as of the dale o1 this Change (Mk1 r therefore is 28 October 1980, Aulh(triird: CHARLES IIARPER ASSOCIATES C. 1). (-;I�AHAM CONSTRUCTION CO. I'III. CITY OF WICHITA FALLS AU1111t( I IIINIKV IOh ( `,\NIK _4_724 Old J ksboro It'IiWay 1 '1)' Jacksboro [figiiwa�� _ - I'.n_ l3ox 1431 _- - - Wichita Fa is 7e-5hs, 7f302 Wichita Fa11S, 4'('xas 76302 Wichita Falls, Texas 7630 a p B. >er ins AIA '. I) GraIMM x_1-9.89 - ----- I��I1 Bcl.tcntl.rtr. 1:�;C?_._ AIA DOCUMENT C,701 ( MAN(.[ OKith' \11,11 l'I'll (I)III(tN \in'