Min 10/21/1980 188
Wichita Falls , Texas
Memorial Auditorium Building
October 21 , 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.
James B. Thomas Mayor Pro tem
John Hampton, Jr.
Carol Russell Aldermen
Curtis Smith
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
Kenneth Hill Absent
Marvin Traywick Absent
The invocation was given by Ed Sharp, Seventh Day 'Adventist Church.
Item 3
Moved by Alderman Smith that minutes of the meeting held October 7, 1980, be
approved.
Motion seconded by Alderman Russell , and carried unanimously.
Items 4a - 9b
Item 6a was moved to the regular agenda.
Moved by Alderman Boston that the remaining items on the consent agenda be
approved.
Motion seconded by Alderman Russell .
VItem 4a
ORDINANCE NO. 3739
ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 2967 , TO INCREASE TO
THREE CONSECUTIVE TERMS THE LIMIT FOR WHICH A MEMBER OF THE MAYOR'S
COMMISSION ON THE STATUS OF WOMEN MAY SERVE.
Ayes: Mayor Pro tem Thomas, Aldermen Hampton, Russell , Smith, and Boston
Nays : None
,'Item 5a
'RESOLUTION NO. 2648
RESOLUTION APPROVING CONTRACT CHANGE NOTICE WITH TEXAS TRAFFIC SAFETY
OFFICE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain contract change notice, a copy of which is attached hereto,
between the City and the Texas Traffic Safety Office, which extends the contract
period under Project No. 80-05-05-A-1-AV for a period of three months, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
189
Item 5b
RESOLUTION NO. 2649
RESOLUTION APPROVING AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION BETWEEN
THE CITY OF WICHITA FALLS AND THE SECRETARY OF THE AIR FORCE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain Agreement for Mutual Aid in Fire Protection, a copy of which is
attached hereto, between the City of Wichita Falls and the Secretary of the Air Force,
is hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Ayes: Mayor Pro tem Thomas, Aldermen Hampton, Russell , Smith, and Boston
Nays : None
Item 5c
RESOLUTION NO. 2650
RESOLUTION AUTHORIZING THE CITY MANAGER TO INITIATE A LEASE BETWEEN THE
CITY OF WICHITA FALLS AND THE COMMUNITY ACTION CORPORATION FOR LEASE OF
BUILDING AT 602 BROAD STREET.
WHEREAS, the City of Wichita Falls annually reviews its contract with the
Community Action Corporation for building facilities at 602 Broad Street; and,
WHEREAS, a new lease has been negotiated for a period of one year, with four
options of one year each to extend this lease for a total of five years; and,
WHEREAS, monthly rental of the building has been increased from six hundred
dollars per month to eight hundred dollars per month which is considered an "in-
kind" contribution; and,
WHEREAS, the Community Action Corporation, shall now assume full responsibility
of provision of insurance for the building, including payment of any deductibles.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager is authorized and directed to execute said lease agreement, a
copy of which is attached hereto, between the Community Action Corporation and the
City of Wichita Falls.
Ayes : Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays : None
Item 5d
�- RESOLUTION NO. 2651
RESOLUTION APPROVING CONTRACT WITH JON BROTHERTON AS TENNIS PROFESSIONAL
AND FOR LEASE OF WEEKS TENNIS CENTER PRO SHOP.
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 Jon Brotherton, whereby City employs Jon Brotherton as tennis
professional and leases to him the Weeks Tennis Center pro shop, is hereby approved,
and the City Manager is authorized to execute the same for the City of Wichita Falls.
Ayes: Mayor Pro tem Thomas, Aldermen Hampton, Russell ,. Smith, and Boston
Nays : None
RESOLUTION NO. 2652
RESOLUTION APPROVING CONTRACT WITH JOHNNY SIMMONS AS TENNIS PROFESSIONAL
AND FOR LEASE OF HAMILTON TENNIS CENTER PRO SHOP.
190
Item 5d, cont'd.
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 Johnny Simmons, whereby City employs Johnny Simmons as
tennis professional and leases to him the Hamilton Tennis Center pro shop, is
hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Ayes : Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays: None
v/I tem 5e
RESOLUTION NO. 2653
RESOLUTION APPROVING PIPE LINE LICENSE FOR SANITARY SEWER CROSSING
UNDER MISSOURI-KANSAS-TEXAS RAILROAD COMPANY PROPERTY NEAR PPG PLANT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain pipe line license, a copy of which is attached hereto, whereby
Missouri-Kansas-Texas Railroad Company authorizes the City to construct a sanitary
sewer line under the railroad property near the PPG plant is hereby approved, and
the City Manager is authorized to execute the same for the City of Wichita Falls.
Ayes : Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays: None
Item 6b
The bid for an annual supply of data processing computer paper was awarded
to Moore Business Machine Forms, Inc. , in the amount of $43,121 .96.
Ayes : Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays : None
,i Item 7a
. RESOLUTION NO. 2654
RESOLUTION APPROVING FINAL PAYMENT TO NFS/NATIONAL SOIL SERVICES, INC.
FOR SERVICES ON SANITARY LANDFILL SITE "C".
WHEREAS, heretofore the City contracted with NFS/National Soil Services, Inc.
for soil sampling and laboratory testing on Site "C" , a proposed sanitary landfill
location; and,
WHEREAS, the original estimated fee for these services was $9,324.15; however,
because of situations which occurred during the soil testing operations, additional
costs were incurred, and a final bill has been submitted in the amount of $11 ,190.11 ,
and it is found that the amount of this final bill is justified and reasonable.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The final billing of NFS/National Soil Services, Inc. for services on proposed
sanitary landfill Site "C" is -hereby approved, and the City Manager is authorized
to pay such amount to NFS/National Soil Services, Inc.
Ayes : Mayor Pro tem Thomas, Aldermen Hampton, Russell , Smith, and Boston
Nays: None
vItem 8a
Authority was granted to advertise for bids for landscaping materials for various
parks.
191
Item 8a, cont'd.
Ayes : Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays : None
� Item 8b
Authority was granted to advertise for bids for irrigation systems in various
parks.
Ayes: Mayor Pro tem Thomas, Aldermen Hampton, Russell , Smith, and Boston
Nays : None
Item 8c
Authority was granted to advertise for bids for a sanitary sewer main, force
main, and lift station in Tanglewood addition.
Ayes: Mayor Pro tem Thomas, Aldermen Hampton, Russell , Smith, and Boston
Nays : None
Item 9
Minutes of the meetings of the following commissions were received.
a. Human Relations Commission - September 29, 1980
b. Traffic Safety Council - October 1 , 1980
Ayes : Mayor Pro tem Thomas, Aldermen Hampton, Russell , Smith, and Boston
Nays : None
Item 6a
Mayor Pro tem Thomas asked Bill Hursh, Director of Parks and Recreation to
explain the reasons for receiving only one bid for fencing.
Mr. Hursh stated that the material we are asking for is not a usual item for
home fencing. Part of it is for backstops. Some of the bidders were not in that
type of commercial fencing. Some said the job was too large to handle. Some did
not want to get into that type of fencing.
RESOLUTION NO. 2655
RESOLUTION AWARDING CONTRACT TO WICHITA ACE FENCE CO. , INC. FOR
CONSTRUCTION OF FENCING IN CIVITAN PARK AND SEVEN OTHER PARKS.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of fencing in Civitan, Grant Street, Hursh, Kiwanis , Rotary, Southern Hills, Spudder
and Williams Parks; and,
WHEREAS, only one bid was received, that being the bid of Wichita Ace Fence
Co. , Inc. in the amount of $42,018.59, and it is found that such bid is a fair and
reasonable bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Wichita Ace Fence Co. , Inc. in the amount of $42,018.59 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita Falls
a contract with Wichita Ace Fence Co. , Inc. for the construction of such fencing.
Moved by Alderman Smith that Resolution No. 2655 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes : Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays : None
192
✓Item lOa
Jeannine Hodge, a nurse at the Health Department, was honored as Employee
of the Month for October. Mayor Pro tem Thomas presented her with a plaque and
two tickets each to a theatre and dinner.
Item 10b
City Manager Stuart Bach commented on the request for waiver of the sign
ordinance by Tom Francis at Phideaux's Pizza on Call Field Road. He stated that
the present sign ordinance basically permits only one sign. The request for
waiver would have to apply to the smaller sign because the other one was installed
prior to adoption of the ordinance. The sign is located on a very busy street,
with two-way traffic. In both cases of the waivers granted to Gardentown and
Sheppard Federal Credit Union, these signs are located on streets with one-way
traffic, and there is no site obstruction for traffic flow. He recommended that
the waiver be denied.
Ernest Lillard, Director of Public Works, showed pictures to the Council of
various signs.
Tom Francis, owner of Phideaux's Pizza, stated that his original request
was not for a waiver. His only gripe is that the ordinance is not being enforced
equally. He stated that the Chief Inspector told him that he had been directed
to enforce only this type of sign, and Ernest Lillard was quoted in the paper as
saying that enforcement had been unequal because of the Municipal Court workload.
Ernest Lillard stated that they began on that basis, but they found that there
were many other signs in violation and they proceeded enforcement on that basis.
Manpower in Inspection, and the availability of the Court to handle these cases
if they were filed on at the same time, were two factors involved. Citations are
continuing to be given on sign violations. They had to start somewhere.
Mr. Francis stated that Mr. Lillard had mentioned something about the way the
ordinance was intended. He felt it should have been written the way it was intended.
If the ordinance says only signs , then he feels it should be enforced that way. He
also stated that the list of violations is not given out, and he feels there are
doctors ' and lawyers' signs that are not being enforced.
Mr. Lillard stated that they were enjoined by a court from enforcing this
ordinance for several months. No attempt was made until December 1979 to enforce
the sign ordinance because of the extremely heavy workload of the Building Inspection
Department after the tornado.
Alderman Russell responded to a feeling that Mr. Francis expressed on selective
enforcement of professional groups. She cited a personal example in which she was
visited by the Building Inspector on a sign violation on her own business. No
exceptions were made.
Mr. Francis felt that a uniform date on which to comply should be given to all .
v
The Council took no action on this matter.
/Item lla
William Hindman, a representative from Henningson, Durham, and Richardson,
appeared regarding the transfer station site selection report. He stated that the
basic purpose of a transfer station is to minimize haul cost and the collection
vehicle. Good access, compatability to neighborhoods, water and power lines, and
the availability of railroads, were all examined.
Mr. Hindman reported on the three sites which they studied. Site A is away
from the greatest waste generation area. Site B is located at the approximate center
of the waste generation area. Light industry is located in the immediate vicinity.
Site C is quite a distance from the centroid of the waste generation area, and
it is the least desirable of the three as far as cost effectiveness is concerned.
Most of the businesses in this area are oil industries. He recommended that Site B
be pursued for the location of a transfer station. It will be designed in accordance
with state health department regulations , and will be something of which the City
of Wichita Falls can be proud of, and it will not be an eyesore.
193
Item Ila, cont'd.
Mayor Pro tem Thomas asked Mr. Hindman to respond to some objections in a letter
the Council had received from some citizens in the area.
Regarding ecology, Mr. Hindman stated that the waste must be removed, and the
facility cleaned, every day. City Manager Stuart Bach stated that we have not had
any problem with our employees being sick from odors, germs, or bacteria in our
present operation. The letter also mentioned uncovered trash. Mr. Hindman stated
that he understands that the City has an ordinance requiring vehicles to be covered.
Joe Leonard, Sanitation Superintendent, stated that 95 percent of the industry has
complied with the ordinance in covering the vehicles hauling trash.
Another objection in the letter dealt with traffic flow on Lawrence Road.
Traffic counts have been conducted on these roadways. There is approximately a
5600 vehicle capacity on that street. There are presently 3900 vehicles per day
now using that roadway. The letter also mentioned the close proximity to Ben E.
Keith produce company. Mr. Hindman stated that the facility can be operated without
it being a health hazard. The transfer station in Richardson is operated adjacent
to Owens ' sausage plant. There are others located near water plants.
RESOLUTION NO. 2656
RESOLUTION SELECTING SITE FOR A SOLID WASTE TRANSFER STATION, AND
AUTHORIZING HENNINGSON, DURHAM & RICHARDSON, INC. TO FILE AN APPLICATION
FOR A PERMIT FOR SUCH TRANSFER STATION WITH THE TEXAS DEPARTMENT OF HEALTH.
WHEREAS, Henningson, Durham & Richardson, Inc. have completed a study of the
proposed solid waste transfer station site location, and they have recommended Site B,
located in the Burlington-Call Field industrial district; and,
WHEREAS, the Board of Aldermen find that this site is the optimum site because
of its location with respect to the centroid of the waste generation area and the
proposed sanitary landfill Site H, the availability of rail services, the surrounding
land use, and excellent access to all parts of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
SECTION 1 . Site B, located in the Burlington-Call Field industrial district, at
the intersection of Kell Freeway and Lawrence Road, is hereby selected as the site
for the solid waste transfer station.
SECTION 2. Henningson, Durham & Richardson, Inc. are hereby authorized to
complete and file an application for a permit for such solid waste transfer station
with the Texas Department of Health.
SECTION 3. Because of the fact that the City's present sanitary landfill is
nearing capacity, and the public health requires that facilities for handling solid
waste be provided as quickly as possible, this resolution is declared to be an
emergency measure and is effective immediately upon its passage.
Moved by Alderman Hampton that Resolution No. 2656 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes : Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays: None
Item llb
City Manager Stuart Bach presented funding projections for capital improvements
to the transit system for fiscal years 1981 , 1982, and 1983.
RESOLUTION NO. 2657
A RESOLUTION EXPRESSING PLANNED IMPROVEMENTS TO THE CITY TRANSIT SYSTEM.
WHEREAS, the City of Wichita Falls provides a public transit service; and,
194
l Item llb, cont'd.
WHEREAS, it is our desire to provide quality transit service and continue to
improve the system.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
I. It is our intent to program system improvements as follows:
A. Complete the currently approved UMTA Project TX-05-0037.
Total UMTA State City
Funds Share Share Share
$284,865 $227,892 $37,032 $19,941
B. FY-1981 : Construct and equip a new maintenance and administrative facility
as part of a central maintenance complex and improve system equipment.
1 . Maintenance and administrative facility.
Total UMTA State City
Funds Share Share Share
$501 ,600 $401 ,280 $65,208 $35,112
2. System improvements.
Total UMTA State City
Funds Share Share Share
$397,120 $317,696 $51 ,625 $27,799
C. FY-1982: Improve system equipment.
Total UMTA State City
Funds Share Share Share
$658,710 $526,968 $85,632 $46,110
D. FY-1983: Improve service
Total UMTA State City
Funds Share Share Share
$ 79,200 $ 63,360 $10,296 $ 5,544
II. Anticipated cash flows for capital improvements are:
FY-81 - Project TX-05-0037
Total UMTA State City
$284,865 $227,892 $37,032 $19,941
FY-81 - Improve system equipment
Total UMTA State City
$397,120 $317 ,696 $51 ,625 $27,799
FY-81 , 82 - Construct and equip a new maintenance and administrative
facility. Actual cash flows on this project will depend upon the period
required for land acquisition and rate of work progress. There is not
sufficient data available at this time to specify the amount that will be
expended during each of the fiscal years involved.
Total UMTA State City
$501 ,600 $401 ,280 $65,208 $35,112
FY-82 - Improve System Equipment
Total UMTA State City
$658,710 $526,968 $85,632 $46,110
195
FY-83 - Improve service
Total UMTA State City
$ 79,200 $ 63,360 $10,296 $ 5,544
III. Anticipated operating costs for these periods are listed below. Cost are
computed on the basis of continued service at the existing level , a 12%
average inflation factor and fuel costs as programmed for FY-1981 budget
year.
FY-1981 : $480,571
FY-1982: 538,240
FY-1983: 602,828
Moved by Alderman Hampton that Resolution No. 2657 be passed.
Motion seconded by Alderman Smith, and carried by the following vote. „-
Ayes: Mayor Pro tem Thomas , Aldermen Hampton, Russell , Smith, and Boston
Nays: None
Item 12b
Jerry Estes, Chairman of the Arts Commission, requested funding in the amount
of $37,200 for the following community arts projects.
1 . Civic Chorus $2,000. Jane Marshall Appearance
2. Distinguished Artists Concerts 2,000. Underwriting
3. Midtown Fine Arts League 2,000. Art Exhibit
4. Heritage Society 7,500. Historical Survey
5. YWCA 1 ,200. Children's Theatre
6. Wichita Falls Art Assn. 2,500. Ceramics Exhibit
7. Arts Commission 20,000. 1982 Centennial
Moved by Alderman Russell that the community arts projects be approved, as
recommended.
Motion seconded by Alderman Smith, and carried unanimously.
The Board of Aldermen recessed at 9:50 to discuss personnel matters. They
reconvened at 10:15.
✓Item 12a
Moved by Alderman Russell that Donna Allen be appointed to the Traffic Safety
Council to fill the unexpired term of Weekley Bradford, who resigned.
Motion seconded by Alderman Boston, and carried unanimously.
Moved by Alderman Hampton that the following be appointed, or reappointed,
to the Mayor's Commission on the Status of Women, with expiration terms as noted.
1 . Mrs. Henry Anderson - September 30, 1981
2. Kathleen A. Myers - September 30, 1981
3. Carol Campbell - September 30, 1982
4. Carol Nutt - September 30, 1982
5. Bettye J. Sanders - September 30, 1982
6. Arthur Beatrice Williams - September 30, 1982
7. Donita Shaddock - September 30, 1982
8. Barbara Swoap Thomas - September 30, 1982
Motion seconded by Alderman Smith, and carried unanimously.
(Vernodene Huckaby, Ruth Waller, and Jane Ponder resigned. Other expiring
terms, including Jane Ponder, are Carol Campbell , Sara Douthitt, Beth Tayntor Duke,
Betsy Harper, and Mary Howard. )
196
John Gaunt, of White's Auto Stores, stated that he did not know that the
Council was meeting at 8:30 this morning, but desired to make some comments on
i the transfer station. He stated that they are vitally concerned over this issue.
A letter was sent to the Council expressing their concern over the transfer station
from an ecological standpoint. He mentioned odor, germs, etc. They are concerned
with the amount of trash that may or may not be generated by private vehicle haulers.
They are also concerned about the traffic flow on Lawrence Road. It will affect
usage of both Lawrence and Call Field Roads.
Mr. Gaunt further stated that Ben E. Keith is located almost directly across
the street from the proposed transfer station, and they may be forced to relocate.
He stated that the balance of the land in the industrial park will not be developed
as a result of placing this transfer station here. They feel that Site A is far
better for a transfer station.
Alderman 'Thomas explained that Mr. Hindman and Mr. Lillard previously addressed
the things mentioned in his letter. Apparently the questions which they have raised
have been addressed in other areas , and they do not turn out to be as they thought.
The Board of Aldermen adjourned at 10:30 A.M.
PASSED AND APPROVED this .L day of ��ce� ��� , 1980.
MAYOR
ATTEST:
CITY CLERK
TEXAS TRAFFIC SAFETY PROGRAM' �lf
cc
CONTRACT CHANGE NOTICE
The identified contract is hereby modified as shown:
PROJECT $ Q 0 5 0 5 1� A V CCN EFFECTIVITY:
TITLE: Increased Traffic Law Enforcement/14ichita Falls September 30, 1980
DESCRIPTION FORTSS USE ONLY:
I. Change the Cost Categories .for the contract period,
Category From: To: To extend project period
Personal Services 1145105.00 145,484.00 90 days due to anticipated
delay in approval of the
Contract Services FY81 HSP.
Commodities
Other Direct Costs Total Project Increase
$_31,379.0
Indirect Costs of
Total 114 ,1.05.00 145,484.00
2. Change the Contract Period
From: 10/1/79 to 9/30/80
To: 10/l/79 to 12/31/80
3. Increase the amount of funds committed to this project,
From: $114,1.05.00 To: $1.45,484 .00
THIS CHANGE NOTICE HAS BEEN READ AND UNDERSTOOD, AND ITS TERMS WILL BE COMPLIED APPOOVED
WITH IN FULL. !Gltl- [
DATE:
AUTHORIZED SIGNATURE DATE CONCURRENCE
City Manager Ci t}' of IVich i to Fa] 1. PAGEJ—OFJ-
TITLE AGENCY w,
A'17ACI1\ NT A
ITLE/Comp./Wichita Falls
(80) OS-OS-A-I-AV
10/1/79 - 12/31/80
ESTIAVIla BUDGET
Personal Services:
Sergeant
Base salary with 20 years longevity @ $4.00 $ 23,523.08
Officers (4)
Base salary with 10 years longevity @ $4.00 86,602.90
Secretary
Base salary with over 4 years service 12,156.31
Education Incentive Pay
Sergeant and 4 officers
$80.00 ea. per month x S officers x 15 mos. 6,000.00
Total Salaries $128,282.29
Employee Benefits:
F. I.C.A. @ 6.13% of gross salaries of $128,282.29 $ 7,863.70
IMRS @ 5. 270 of gross salaries of $128,282.29 6,760.48
Life Insurance
Sergeant and 4 officers - $10,000 Policy
Secretary - $7,SOO.00 Policy
.611 per $1,000 monthly - $S7,SOO.00 x .611 x 15 438.44
health Insurance (Blue Cross A Blue Shield)
Six (6) employees @ $21.75 per employee per mo. x 1S 1,957. 50
Total Employee Benefits $ 17,020.12
Total Budget For Period $145,302.41
10/1/79 through 12/31/80
Project No. : (80) 05-05-A-1-AV
y Title - ITLUCOmhrcheilsive S"I'I:P
Contractor: City of Wichita Falls
Fffective: 10/1/80 through 12/31/80
P R 0 J F. C T A U D G F. T
PERSONAL SERVICES
Salaries ON JF,4 A*U
JAS
Name Police Officers $ 8,317. 5S $ $ $
Position 1 Sgt. , 4 officers, 8,317. 56
Longevity, Education, In- 8,317. 56
cen ive Pay --
TOTAL $ 24,9S2.b7
TOTAL $ 24,952.67
Name $ 873.98
Position Secretary 873.98
873.99
TOTAL $ 2,621.95 $ $ $
TOTAL $ 2,621.95
TOM SALARIES $ 27,574.62
Benefits
(Employer's Contribution)
FICAA27,574.62 x 6.130 $ 1 ,690.32 $ $ s
(Salary X Rate)
(Employee's Contribution)
FICA
TOTAL 1,690.32 $ $
$
TOTAL $ 1,690.32
Pnt;e 1 Of 3
Project No. : ON 05-05-2\-17AV
I'I'I_.I:/Comprchcns ive STL:p
Contractor: City of IVi.chita Falls
Texas Thmicipa� F.ffecci 10/1/80 thrO* Ugh 12/31/80
Retirement System v�
�hl1 lli A� 09D JF-4 AMJ JAS
$27,574.62 x 5. 270 $ 1 ,453.18
(Salary X Rate) $ $ S .
TOTAL $ 1,453.18
Insurance (Life/Hospitalization)
Life Insurance $ 87.69 $
Hospitalization 391. 50
fi emps. @ $21. 75 per emp.
per mo. x 3 mos.
TOTAL. $ 479.19 $ S $ 479. 19
TOTAL $
UCI
$ $
(Salary Rate) — $
TOTAL $
TOTAL BENEFIT'S $ 3,622.69
Travel
"or Dieu
$ $ _ S $
TOTAL $
'fileage
TOTAL $
fir pare/Other Cost (Specify)
TOTAL $
TOTAL TRAVEI, $
I'n R a A/ of 3 I'U'L1I. I'I iIZSUM[, SI:RV 1 CLS $31,197.31
Prolert No. :` (80) 0S-0S-A-I-AV
Tttle .- lTLE/Comprchcnsive S'1'I;P
Contrnctor : City of Wichita Falls
Effective : 10/1/80 through 12/31/80
Subscriptions OND JFM AkU JAS
S
S
TOTAL $
Miacellaneous (Attach page and specify)
TOTAL $
TOTAL OTHER DIRECT COSTS $
INDIRPCT COST
$ $ S $
(X of Personal Services)
TOTAL INDIRECT COST $
PLRSONAL SERVICES $ 31,197.31 $_ $ $
COMMODITIES $ _ $ S $
OTHER DIRECT COSTS $ _ $ _ $ _ ,. $
INDIRECT COST $ S
TOTAL PROJECT COST $ 31,197. 31 $ $ $
ROUNDED $ 31,197.31 $ $ $
TOTAL $ 31,197.00
Page 3 of 3
AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION
This agreement, entered into this day of ,
19 , between the Secretary of the Air Force, acting pursuant to the authority of
42 U.S.C. (1856(A) ) and the City of Wichita Falls, Texas is for the purpose of securing
to each the benefits of mutual aid in fire prevention, in the protection of life and
property from fire, and in firefighting. It is agreed that:
I
On request to a representative of the Sheppard Air Force Base Fire Department
by a representative of the Wichita Falls Fire Department, firefighting equipment and
personnel of the Sheppard Air Force Base Fire Department will be dispatched to any
point within the area for which the Wichita Falls Fire Department normally provides fire
protection as designated by the representative of the Wichita Falls Fire Department.
II
On request to a representative of the Wichita Falls Fire Department by a
representative of the Sheppard Air Force Base Fire Department, firefighting equipment
and personnel of the Wichita Falls Fire Department will be dispatched to any point
within the firefighting jurisdiction of the Sheppard Air Force Base Fire Department as
designated by the representative of the Sheppard Air Force Base Fire Department.
III
Any dispatch of equipment and personnel pursuant to this agreement is subject
to the following conditions:
(a) Any request for aid hereunder shall include a statement of the amount
and type of equipment and personnel requested, and shall specify the location to which
the equipment and personnel are to be dispatched, but the amount and type of
equipment and number of personnel to be furnished shall be determined by a
representative of the responding organization.
(b) The responding organization shall report to the officer in charge of the
requesting organization at the location to which the equipment is dispatched and shall be
subject to the orders of that official.
(c) A responding organization shall be released by the requesting organization
when the services of the responding organization are no longer required or when the
responding organization is needed within the area for which it normally provides fire
protection.
(d) In the event of a crash of aircraft owned or operated by the United States
or military aircraft of any foreign nation within the area for which the Wichita Falls Fire
Department normally provides fire protection, the Chief of the Sheppard Air Force Base
Fire Department or his representative may assume full command on his arrival at the
scene of the crash.
1V
Each party waives all claims against every other party for compensation for any
loss, damage, personal injury, or death occurring as a consequence of the performance of
this agreement. However, this does not preclude fire organizations from filing claims for
firefighting costs and losses under 15 U.S.C. 2210.
V
All equipment used by Wichita Falls Fire Department in carrying out this
agreement will, at the time of action hereunder, be owned by it; and all personnel acting
for Wichita Falls Fire Department under this agreement will, at the time of such action,
be an employee or volunteer member of Wichita Falls Fire Department.
V1
This agreement supersedes the agreement for Mutual Aid in Fire Protection
dated February 3, 1977 between these parties.
FOR THE CITY OF FOR THE SECRETARY
WICHITA FALLS, TEXAS: OF THE AIR FORCE:
-• �.
T A. BACH WILLIAM H. DAVIDSON, Col., USAF
City Manager Commander
Wichita Falls, 'Texas Sheppard Air Force Base, "Texas
HURSHEL JOHNSON HOLLIS E. SKIDMORE
Fire Chief Base Fire Chief
Wichita Falls, Texas Sheppard Air Force Base, Texas
ATTEST:
Wilma Thomas
Ci tv Clr,rlr
-a
THE STATE OF TEXAS X
j
COUNTY OF WICHITA X
I
LEASE AGREEMENT I
i
This lease made and entered into this the day of
October, 1980, by and between the City of Wichita Falls,
Texas, hereinafter called Lessor, and the Community Action
Corporation of Wichita Falls and North Texas Area, herein-
after called Lessee,
WITNESSETH :
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows :
1. Lessor hereby leases to Lessee the following described
property situated in Wichita Falls , Wichita County, Texas,
All of Lot J and Lot I and the East 40. 5 ' of
Lot Fi of Huff' s Subdivision of Lot 1, Block 245
of the Original Town of Wichita Falls, according
to the plats of record in the office of the
County Clerk, Wichita County, Texas, and being
the property on which the old Wichita Health Unit
is located.
2 . The term of this lease shall be for twelve (12) months,
commencing on October 1 , 1980 , and extending to September 30,
1981. At the conclusion of the original term of this lease,
Lessee shall have four options to extend this lease for
additional periods of one year each. Each year that Lessee
desires to exercise its option for an additional one year
period, it shall notify the Lessor_ in writing no less than
thirty (30) days prior to October 1, of that year. In the
event Lessee chooses not to exercise any of the options,
this lease and all future options shall terminate.
3 . The rental for this property shall be the sum of
Eight Hundred ($800 . 00) Dollars per month. However, Lessee
shall actually pay no cash rental to Lessor; this amount
shall be considered an "in-kind" contribution by Lessor
to Lessee.
4 . Lessee will be fully responsible for all maintenance
of the structure and grounds as well as repairs inside and
�I
•a
I
outside the structure, it shall review such improvements and
repairs with 'the Lessor' s City Manager and obtain his approval
for them.
5. Lessee shall be responsible to pay for all utilities
and janitorial services for the building and grounds.
i
6 . a. Lessee shall be fully responsible for obtaining
and maintaining insurance on the building located on the
leased premises. Property liability insurance shall include
coverage for fire, extended coverages , vandalism and malicious
mischief with the building being insured for not less than
90 per cent of its then current appraised value, as established
by the Lessor with a per occurrence deductible not to exceed
$5 , 000 . The deductible for each and every loss shall be paid
by Lessee . Lessee further agrees to release and hold harmless
the Lessor from liability and all costs of suit. Failure to
pay deductible or failure to release and hold Lessor harmless
shall be good cause for cancelling this lease upon five days
written notice thereof to Lessee.
b. Lessee shall be solely responsible for injuries
occurred by its guests, invitees , employees or licensees, and
shall forever release and hold harmless Lessor from all costs
involved as a result of injury. As further assurance, Lessee
hereby agrees to secure liability insurance in the following
amounts : for damages arising out of bodily injuries to or
death of one person in any one occurrence, $100 , 000; for
damages arising out of bodily injuries to or death of two (2)
or more persons in any one occurrence, $300, 000; for damages
to or destruction of property in any one occurrence, $50, 000.
C. Lessee agrees to obtain all of the above insurance
with the Lessor as a named co-insured, and to furnish duplicates
of all policies of insurance to Lessor prior to this lease
being effective or any option to extend. All of the above
insurance policies shall be effective until the Lessor receives
ten days written notice of cancellation, and shall so state
the same as a part of said insurance policies.
-2-
I'
� I
I
d. Failure to obtain or maintain insurance as set t
out above shall be good cause for the lease or an option to I
extend the lease to be cancelled upon five days written notice
thereof to Lessee.
i
7 . It is agreed that employees of Lessee shall not be
allowed to use the parking facilities on the west side of the
Memorial Auditorium; parking for employees of Lessee shall be
accomplished both on Broad Street adjacent to the leased
premises or on the leased premises themselves.
8. Lessor reserves unto itself the exclusive right to
use the large store room at the west end of the building on
the leased premises.
9. At the termination of this lease, Lessee shall deliver
up the premises to Lessor in as good condition as they were at
the beginning of the lease, reasonable wear and tear excepted.
10. The signing of this lease shall, as of the effective
date herein, void and cancel any prior lease or option.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the date written above.
CITY OF WICHITA FALLS, TEXAS
BY
tuart Bach
City Manager
ATTEST:
City Clerk
COMMUNITY ACTION CORPORATION OF
WICHITA FALLS AND NORTH TEXAS
AREA
BY :
Chairman of its Board of
Directors
ATTEST :
Secretary
-3-
COUNTY OF WlCH1TA kNoW AIJ, t'll, N BY THESE PRKSENTS
X
This agreement made and uncured EnLo this Lhe —1st-- day of
November 1980.-- , by and beLwcen the City of Wichita tails ,
Texas , a municipal corporation , herninaft- or called "City" , acting
herein by and through As City Manager , and Jon Brotherton
hereinafter called "'Dennis Pro" ,
WLTNESSETH :
For and in consideration or Lhe Mutual covenants heruinaEt-eu
contained , the parties hereLo do hereby agree as follows :
City does hereby employ Jon Brotherton as a Lennis
professional at the Weeks Tennis Center . City does
hereby lease to Tennis Pro Lhe tennis; pro shop Located aL Lhe
Weeks Tennis Center , Lor a period of one year ,
commencing November—I ....... .Igo,_, and Lhereaft-er on a month
to month basis .
Tennis Pro shall be considered a contract employee of City and
his salary shall be $685 . 00 per month . A is expressly agreed and
understood by Tennis Pro and City that Tennis Pro is an independent:
contractor and shall not be eligible for any fringe benefits to
which regular City employees are entitled .
I L I .
Tennis Pro shall be in charge of and responsible for the operation
of Weeks Tennis CunLvr . He shall perform all
d" L i e s
and responsibilities as are required of him by the laws of Lhe State
of Texas , the ordinances or City , Lhu unruc" L Tennis Policies of the
Parks and Recreation Department: of City , and Lhe directions of the
Recreation SuperLnLvndUnL or Lhv Parks and RecruaLion DuparLment
Of City . A copy of the current- Tennis Policies of Lhe Parks d "d
Recreation DeparimpuL is Attichcd hviut " and mado A pAit hruc" j as
is copied in LAI heroin .
I V .
Tennis Pro shall cAloci for City Al daily court: fees , annual
permit fees , and Lournamanl- Ices l " r play at. the - - - -We-eks—
lcttnls (,cult t AI I iI I I iri ct i,il Imlt II, uN anti Lourtta-
Y
` utent fees shall. be kept in ► c;t:;It rc}; i :; tcr 1) rovidud LIterelor . Tennis
.t
Pro shall keep ac► acc:uraLE, acco il,, I_ uT al. I daily court Ices , annual
permit fees , and Loll rnamcttL 1. ces collected , and shal.1 depos.i. L Lite
same with the Parks and kec re" Liort UcpartmenL a its olfice in the
Memorial AudiLorium liuiIdinl; on tlond,tys anti Fridays of each week
wi thou L exception .
V ,
Tennis Pro shall have Lite ri),,hL to gi.ve tennis lessons al.
Weeks L'ennis: Center and C i L y cccei.vc 5/ of Lite
lesson fee plus a courL Ice 11-0111 Lltc I,cr;;ott Laking Lite lesson .
V I. .
Tennis Pro shall also account to Ci. Ly for Lite. revenues which
he receives from the sale of ntcrcltalldi.St' , for racdueL sLrirt}; ing
and concessions sold Lhrough his pro shop locaLed at Weeks
Tennis Center . City shall receive Y/ of the revenues from Lite
sale of merchandise , racrlueL sLcing.ing and concessjo sold by
Tennis Pro through the pro shop ;it Weeks '1'entris
Center .
Vfi .
Tennis Pro shall kectl> accurate and correcL books on Lite opera-
tion of his business and such 1)uoks ;;hall be open for inspecLion
by City or any person Llesij,,naLed by it .
VIII .
Tennis Pro shalL Lake good care of Lhe personal property and
real property hereby leased Lo him ;tncl he will (leii.ver Lite property
back to City aL thcc expirat. ion or Lilt! I urminaL ion of I Ii ::
in the same condiLioil as same was r CCU iV(`d , naLuraI wear and Lear
exce1) Led .
1x .
1'entt1s Pro <:h,►.I 1 nt;tl,e nc ;c I Loral ion:; itt Lhe build Iit}; hcruby
Leased wi LltouL Lhe wI' i LLen con:;c nL of I Ice Ui I-u Lor of Parks anti
KQ..c rc•tl. ic+n of Ci t v
" X .
LL is undersLuocl and a};reed that. Lhe Ci. Ly Han•t }',cr of C i L mad
at any L itie camel phis c:c+nl r .tc l tl l c t y i v i n}; .1() days uoIt. ice in
wriLin}; of cancelLittion bcc;cu :,r „ 1 viol .1 it+11 c, l I ;tt,:; , orclict,tn'. cs ,
t
1_
or rules , regulations or d i ruuL. ions concerning the operation of the
Tennis Center at [Meeks Park _ or the agpuements constituting
the lease of the tennis pro shop at Lhe Weeks 'Tennis
Center ; In the evunL of such cancellation , City shall have the
right , Without further noLicc or demand , to re-enter and Lake
Possession of all the property Herein leased and remove all persons
therefrom withuuL being liable for any claim for damages by reason
Of such cancellation and ru:tumpt ion of possession . In the event
said contract is so cancelled during Ube Lerm hereof , CiLy nhall
guarantee the sale of , or aL its option may purchase from Tennis Pro ,
any usable equipment and merchandise that he might have and use in
his operation under this contract ( except for tennis equipment ) which
he shows has been fully paid for by him at the cost price of same ,
less depreciation .
Tennis Pro shall hold City harmless I-or any damages or injury
to persons or property caused by or arising out of Tennis Pro ' s
operation of the __ Meeks Tennis Center . 'tennis Pro further
agrees to provide City with a certificate of insurance attesting to
the ownership of a general .liability insurance policy , with City
named as an additional insured , proLecLing 'Tennis Pro and City from
legal liability claims which might arise out of 'Tennis Pro ' s operation .
of this concession , to incLude bodily injury liability insurance in
r
the amount of not less than one hundred thousand ( $100 , 000 . 00) dollars
per person and Lhrc:e hundred thousand ( W0 , 000 . 00) dollars per
occurrence and property damage LLabiliLy insurance in the amount of
not less than fifty
t_huusand ( $ 50 , 000 . 0II) dollars per occurrence .
Fire and theft coverage for property belonging to 'Tennis Pro shall
be the sole responsib.il i Ly of 'fermis Pro .
Xl L .
Tennis Pro sha I I provide ad" I L supery i ion aL Meeks
Tennis Center during all " pc" hourm .
IN Wl 'LUSS 11HERI ols , the part ic :, hovrt-o h"v ,. cauvcd Chi . aguuvmvnL
to be hignud as of the clay an,l year I i t st wr i LLvn ahovu .
ATTEST : CI1Y OV WICB11A rALLS , TEXAS
BY .
City Clerk Stuart A. Bach , City Manager
Approved as to 1 " ym :
kt'iUW A 1,1, N[A BY TH ES L PH hS EN tS
COUNTY 0 V W L C 111 TA
This agreement made and vnLurud i.n L o L h i s L ll e (I a y of
November -J-9-8 0-- , by Intl h e L w e e U the C i. L.y Of WiChiLa ['a L 1 s
Texas , a munlLcipal- corporation , hereinaft-pr called "City" , act- ing
herein by and through i LS C i Ly Manager , and - Johnny Simmons_ ___ ,
hereinaf ter called "Tennis pro" ,
WANESSETH :
For and in consi-deraLion of Lhe mutual covenants livreinalt-er
contained , the parties hvruLo do hereby agree as follows :
L .
City does hereby employ Johnny Simmons as a Lennis
professional at Lhe Hamilton Tennis Center . CiLy does
hereby lease to Tennis Pro the Lennis pro shop locaLed aL Lhe
Hamilton Tennis UunLvr , [ or a period of one year ,
commencing November 1 1980 and Lheueaf ter on a month
to month basis .
'Tennis Pro shall be considered a contract. employee Or GiLy and
--n his salary shall be $685 . 00 per month . IL is expressly agreed and
understood by Tennis Pro and GiLy Lhat: Fenn LsPro is an independunt-
contractor and shall not. be eligible for any fringe benefits LO
which regular City empLoyces arc ent- ILlud .
I L I
Tennis Pro shalt be in charge of and responsible for Lhc operation
of Hamilton Tennis CunLer . He shall perform all duties
and responsibilitles as are rati" Aud of him by the laws or the SLaLe
of Texas , the ordinances A MY , IhV CuvlvnL Tennis PAW — of Lhe
Parks and RecreaL ion DuporLment or CiLy , and the di-ructions of Lhe
Recreation Superintendent- of 1hu Parks :Intl RecreaLion Department.
of CILy . A copy or the c" rrpnt TuOlAiN Policies of Lhe Parks and
Revrval- Lon DvparLmrn ! iq iltichrd hurni " and madc a pArl
is copi.cd in fill 1 11'. 1 eill .
I V
Tennis Pro shall rollpri for Wtv Ail daily court- ! ups , annual
permit fees , and Lo" rnampnl lucs ! or play AL Lhp Hamilton
A
Tennis Canto . All daily court lee" , annual permit. lees , and Lourna--
a,
meat fees shall be kept in a cash rugislor provided therefor . 'Tennis
r ,
Pro shall keep an accurate account, of all daily court fees , annual
permit fees , and Lournamunt fees collected , and shall deposit. the
same with the Parks and ItocruaLic,n UoparLment at its office in Lhe
Memorial Auditorium Bu i ld .i nl; on Mondays and Fridays of each week
without exception .
V .
Tennis Pro shall have Lhe right Lo give Lcun.is lesson:; At
Hamilton Tennis Center and CiLy shall receive 5% oI Lhe
lesson fee plus a court fee from the person Lakin}; the lesson .
VI .
Tennis Pro shall also account to C [ Ly for Lhe revenues which
he receives from the sale of merchandise , for racquet stringing
and concessions sold through his pro shop located at Hamilton
Tennis Center . City shall receive 5% of the revenues from Lhe
sale of merchandise , racquet slrind.ing and concessions sold by
Tennis Pro through the pro shop at _ Hamilton I'c►Inis
Center .
VI1 .
Tennis Pro shall keep accuraLe and correct books on the opera-
tion of his business and such hooks shall be open for inspection
by City or any person des.ignatud by it .
VIII .
Tennis Pro shall take good care. of the personal property and
real property hereby leased to him and he will deliver the property
back to City at the expiration or the tcrrmivaLic,n of this: I ,•aso
in the same coed i L ion as same was re.ce i ved , naLu ra l wear and Lear
excepted .
I X.
Tennis Pro shall make no alLeral ions in the building; hereby
leased withouL Lhe wriLLon ronsvnL of Ihv Uirculor of larks ncl
I ec rca L i on v I C i
I '
`i
It is nndersLood and ag,rprd. Lhat the City flanag;er of Cil ,
at any Lime cancel this c.ont r:,c l :I I t o , riving; _ill days noL i ce in
writing of cancel lat ion bccau:,c• of viol ,ll i , ,, c l laws. ord iunn, c n ,
_ or rules , regulations or d i rec t cons cone rI n i ng t he operation of Lhe
Tennis Center at _ Hamilton Park-- - - or the ;cgp eements constituting
the lease of the tennis; pro shop at the Hamilton Tennis
Center ; In the event of such cancPlIaLiocc , laity shall havo the
right , without further: notice or demand , Le rc-unLer and Lake
possession of all the property herein lcasud and remove all persons
therefrom without bvi.ng liable for any claim for damages by mason
of such cancellation and resumption of possession . In the event
said contract is so cancelled during the term hereof , City shall
guarantee the sale of , or aL its option may purchase from 'Tennis Pro ,
any usable equipment and merchandise LhaL he might have and use in
his operation under this conLracL ( excepL for tennis equipmunt ) which
he shows has been fully paid for by him at the cost price of same ,
less depreciation .
xL .
Tennis Pro shall. hold City harmless fur any damages or injury
to persons or property caused by or arising; ouL of 'Tennis Pro ' s
operation of the _ Hamilton" 'Tennis Center . Tennis Pro further
agrees Lo provide City with a ccrL .ific•.ate of insurance attesting to
the ownership of a general JiabilhLy insurance policy , with City
named as an additional insured , proLuctink; Tennis Pro and C.iLy from
legal liability claims which might: arise out of 'Tennis Pro ' s operation
Of this concession , to include bodily injury liability insurance in
Lhe amount of not less than one hundred thousand ($1.00 , 000 . 00) dollars
per parson and three hundred thousand ( $ 300 , 000 . 00) 'do.l.lars per
occurrence and property dauiipw IiahiliLy insurance in the amount of
not less than fifty Lhous ind ( $ 50 , 000 . 00) dollars per occurrence .
Fire and theft coverage for property belonging to 'Tennis Pro shall
be the sole responsibility of 'Tennis Pro .
XI I .
Tennis Pro :;ha I I prov We ad" I L s"pury i s ion at Iamilton
Tennis, GunLer during All opan hours .
IN WI 'TNLSS WHL ,VHC , 1 W p.irt ies hc' rc' Lo havc , .cun d t hi .. AaruenvIlL
Lo bu :, QUUd dh of the d ,iy rind _ PAr 1 1 r :. t car i LI c'n obovc .
ATTEST : wry rY OF W I C111TA FALLS , 'TEXAS
r .
` BY
Clerk Stuart A. Bach , City Manager
Approved a:; tc) I orui :
Citv Attorneb Tnn T) i M Pr11
Form 179
Rev 1/77
PIPE LINE LICENSE
THIS AGREEMENT No ----made this 1st _day of August 1980
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
CITY OF WICHITA FALLS , TEXAS
hereinafter called "Licensee".
WITNESSETH:
ARTICLE I.
1. Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this
term. In the event the amount of renegotiated rental is not agreed to in writing by both
parties, prior to the expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of THREE HUNDRED NINETY-FIVE AND NO/100------
------------------------------------------------------------------(S 395.00 ) DOLLARS
receipt of which is hereby acknowledged,and of the covenants of Licensee as hereinafter set forth,Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method,
one pipe lines(s) encased in a carrier pipe not exceeding twelve ( 12 ^) inches in diameter, to be
used for carrying sewage across or
along Licensor's property at or near Bacon in the County of Wichita and State
of Texas For convenience, the said pipe line is hereinafter referred to as"Crossing". The location of said
Crossing is more particularly described as follows:
Said twelve (12") inch sanitary sewer pipe line
crosses said Railroad Company's premises at an
angle of 90 degrees, measured from the centerline
of said Railroad Company's Western Subdivision main
track at Mile Post 7.04-B, being main track valuation
chaining station 322+41, distant 1331 feet, more or
less, measured Northerly along the centerline of
said main track from the centerline of Bacon Street
Road (DOT No. 415 472 V) at main track valuation
chaining station 309+10. Said pipe litre is not
within the limits of a public crossm:s .
ARTICLE II.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and with
material satisfactory to Licensor's Chief Engineer,with its top at least five and one-half(5�/2)feet beneath the base of the rail under
the track,and at least three(3)feet below the surface of the ground elsewhere,so it will not interfere with the safe operation of said
railroad or cause damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad
track, and for at least twenty-five (25) feet on each side of the center line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor,so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability:Licensor shall not be liable for any damage to said Crossing or the contents thereof,howsoever such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of,and shall protect,indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property,including livestock killed or injured,resulting from
or incident to the construction,maintenance,use,operation,relocation,reconstruction or existence of said Crossing on Licensor's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided,
, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way,from all claims,demands,suits or actions growing out of any such loss,injury or demands,including
investigation costs, court costs,and attorneys'fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend,settle,and/or otherwise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims,demands,or suits,it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver:To waive all right to question the validity of this License or any of the terms or provisions hereof,or the right
or power of Licensor to execute and enforce the same.
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner,and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing,or any part thereof,or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with ordanger in the use
or operation of Licensor's railroad, or any of its present or future appurtenances,or telegraph,telephone,signal or other lines on
Licensor's right of way,and in the event it is found necessary for Licensor to use its entire right of way,or any portion of it occupied
by the Crossing,Licensee shall at its sole expense,and within thirty(30)days after notice so to do,(or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs,or to relocate said Crossing,then Licensor may cause such condition to be made safe,or change of location
to be made,or repairs to be made,or Crossing to be removed from Licensor's property,Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten(10)days'advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days'written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities,if any,of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of
Article 1,or Paragraph 2 or 4 of Article I11,or otherwise,Licensee shall promptly remove said Crossing from Licensor's right of
way,and restore said right of way to its prior condition,or to a condition t: tis` cl o,y to Lice tsc; . If 1_,icensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreemem, .:tensor may femove the same, and charge the
expense therefor to the Licensee on the basis provided in Paragraph l(b) of A ti,le 111.
-2-
4. Miscellaneous: (a)This License and all of the provisions herein contained shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any
name changes.Licensee agrees not to assign this License or any interest therein,without the consent of Licensor in writing,and any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental,if any,herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b)In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty(30)days'written notice.Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e)No oral promises, oral agreements,or oral warranties shall be deemed a part of this License,nor shall any alteration,
amendment,supplement,or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By
Vice-President
CITY OF WICHITA FALLS, TEXAS
By
Title
Address: Municipal Auditorium
Wichita Falls, Texas
File: T-18142 -3-