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Min 11/18/1980 i i 211 Wichita Falls, Texas Memorial Auditorium Building November 18, 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 Alderman Smith. Item 3 Moved by Alderman Thomas that minutes of the meeting held November 4, 1980, be received. Motion seconded by Alderman Hampton, and carried unanimously. Item 4a - 5c Items 4b, 4e, and 4g were moved to the regular agenda. Moved by Alderman Thomas that the remaining items on the consent agenda be approved. Motion seconded by Alderman Traywick. Item 4a ,'RESOLUTION NO. 2671 RESOLUTION APPROVING CHANGE ORDER NO. 2 TO CONTRACT FOR REMODELING OF THE POLICE HEADQUARTERS, CONCERNING THE REROOFING PORTION OF SUCH CONTRACT. WHEREAS, heretofore the City entered into a contract with Wallace & Raub Construction Co. dated September 2, 1980, for the remodeling of the Wichita Falls Police Headquarters; and WHEREAS, it has been determined by the architect that it will be impossible to reroof the building in the manner specified, because of the condition of the present roof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 2, a copy of which is attached hereto, to such contract with Wallace & Raub Construction Co. , changing the method of reroofing such building for an additional sum of $4,680, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and 1 Boston Nays : None 212 Item 4c A proposed resolution was presented approving settlement of the case of Don Shipp v. City of Wichita Falls. City Attorney H. P. Hodge explained that this case resulted from an accident in 1977 in Jaycee Park involving a four-year old boy. Several children were playing on the equipment and he either jumped off or was dragged off, and was quite seriously injured. Long lasting injuries were feared at first, but he has come out of them very well , although he does have some problem. A suit was filed against the city. He recommended settlement in the amount of $15,000. RESOLUTION NO. 2672 RESOLUTION APPROVING SETTLEMENT OF THE CASE OF DON SHIPP V. CITY OF WICHITA FALLS, CASE NO. 111 , 408-B. WHEREAS, a tentative settlement of the claim has been reached by the parties, whereby Mr. Shipp will execute a complete release for damages in consideration of the City's paying to him the sum of $15,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such settlement for the sum of $15,000.00 is hereby approved and the City Manager is authorized to pay the same as settlement and release of the claim for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None k1 Item 4d Authority for the City Manager to execute a contract with Purolator Armored, Inc. , was requested. Alderman Thomas inquired if we need to advertise for bids. City Attorney H. P. Hodge explained that there is no legal requirement for it because the contract is cancellable on 30 days notice, and it is not over $5,000.00. ;,RESOLUTION NO. 2673 RESOLUTION APPROVING CONTRACT WITH PUROLATOR ARMORED INC. FOR ARMORED CAR SERVICE. 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 Purolator Armored Inc. , for armored car service, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None , Item 4f RESOLUTION NO. 2674 RESOLUTION AUTHORIZING FOURTH YEAR FEDERAL GRANT APPLICATION FOR POLICE STATISTICAL ANALYST. WHEREAS, the Board of Aldermen has heretofore approved a project for establishing and developing a Police Department Statistical Analysis Office, which has received federal grants through the Texas Criminal Justice Division for the first three years of the project; and, 213 Item 4f, cont'd. WHEREAS, this project was funded on a matching basis for five years on a sliding scale from 100 per cent the first year to 20 per cent the fifth year; and, WHEREAS, the total cost for the fourth year is $21 ,440, and the matching ratio is $8,575 Criminal Justice Division funds and $12,865 City funds; the fourth year of the project will emphasize research into a computer aided dispatch system for the department and the development of a crime information center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The continuation of the Police Department Statistical Analyst is approved, and the City Manager is authorized to make application for a federal grant for the fourth year of this project through the Texas Criminal Justice Division, and he is authorized to execute for the City the grant agreement. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None . Item 4h RESOLUTION NO. 2675 RESOLUTION EXTENDING THE SUSPENSION OF THE LONE STAR GAS COMPANY PROPOSED RATES FOR AN ADDITIONAL PERIOD OF 30 DAYS. WHEREAS, by Resolution No. 2568, the Board of Aldermen of the City of Wichita Falls suspended the operation of Lone Star Gas Company's proposed increased rates, filed with the City of Wichita Falls on June 19, 1980, for a period of 120 days from July 25, 1980, for further study, investigation, presentation of evidence and public hearing; 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 extended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The operation of Lone Star Gas Company' s proposed increased rates, filed with the City on June 19, 1980, is hereby suspended for an additional period of 30 days beyond the 120 day suspension provided for by Resolution No. 2568, for further study and investigation. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None .' Item 5 Minutes of the meetings of the following boards and commissions were received. a. Mayor's Commission on Status of Women -- October 9, 1980 b. Parks Board--October 28, 1980 c. Traffic Commission--October 14, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None VI tem 4b A proposed resolution was presented authorizing the City Manager to negotiate and execute a contract for preparation of a general housing plan. Alderman Thomas asked for clarification of Housing Wichita Falls, Inc. Alderman Smith stated this is a corporation set up by several businessmen in town. They have obtained twenty grant 235 homes at present. They have hit a snag with deed 214 Item 4b, cont'd. restrictions in Faith Village, and since these will probably be modular homes, they are testing this matter. Section 8 rent subsidies have been obtained for a developer here. This is the only viable program which we have going at this time for low income people. City Manager Stuart Bach stated that the housing study has been expanded so that it will apply to our master plan. Rehabilitation, public housing, etc. is being looked at. Long range goals will be looked at. Alderman Smith stated that this will encourage growth in the city, and not encourage people to move out of the city limits. Alderman Thomas noted that the word "consultant" raises a red flag to him. He thought that the Planning staff is administering a 235 program. City Manager Stuart Bach explained that we identify how many of these various programs which we think we need in Wichita Falls, and where they should be located. The 235 program is a private organization between builders, financial institutions, and purchasers. Alderman Thomas commented on inflation, and the spending of this additional $30,000. J. C. Boyd appeared as secretary-treasurer of Housing Wichita Falls, Inc. He explained that following the tornado, the Federal Emergency Management Agency (FEMA) channeled 2 million dollars to the Interfaith Disaster Services. Because we had done such a good job, they wanted to put in a pilot program to see what the affect of the tornado was on low and modest income people. Midtown Now contributed $10,000 to get the program started. He stated that FEMA has no money, but has terrific authority in disaster services. They have the authority to tell the people in Dallas to release funds for Wichita Falls . If the City does not fund this $30,000, the program will be over. Alderman Smith stated that the 20 homes which have been funded are concrete results. Alderman Thomas agreed, but stated that it has been done without this $30,000. Mayor Hill noted that this is a first for the federal government and the city. ✓RESOLUTION NO. 2676 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE PREPARATION OF A GENERAL HOUSING PLAN. WHEREAS, the need for a general housing plan was advocated as a result of the April 10, 1979 disaster; and WHEREAS, the need was accepted and pursued by Midtown Now, Inc. by the establish- ment of the non-profit organization, Housing Wichita Falls, Inc; and WHEREAS, Housing Wichita Falls, Inc. contracted with Pierce M. Mahony to prepare Phase I of the plan for an amount of $10,000.00 and Phase II , if funding became available; and WHEREAS, the Board of Aldermen agreed to provide a maximum of $30,000.00 from FY 1980-81 CDBG Program funds; and WHEREAS, the negotiation of an agreement with Pierce M. Mahony will provide for the completion of a study currently underway. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Stuart Bach, City Manager, is authorized to execute that certain agreement, a copy of which is attached hereto, with Pierce M. Mahony, for the continuation of the preparation of a General Housing Plan for an amount not to exceed $30,000.00. Moved by Alderman Hampton that Resolution No. 2676 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. 215 Item 4b, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 4e Discussion was held on a proposed resolution authorizing the City Manager to execute a contract with the Community Action Corporation for funding to support specified neighborhood groups. Dane Bennett, Director of Budget and Research, explained that this is for neighborhood group activities in the city. Director of Planning Roger McKinney stated that CAC sets out neighborhood groups in low income sections of the city. They have been identified as those neighborhoods who have the highest proportionate number of low income people. Alderman Traywick inquired if the money is being spent on capital improvements or other activities? Mark Watson, Administrative Assistant, stated that these disbursements are given to the neighborhood groups at CAC's discretion, with the approval of the City Manager's office. Funds are used for items which go into the centers, such as building repairs, kitchen equipment, etc. RESOLUTION NO. 2677 RESOLUTION APPROVING CONTRACT WITH COMMUNITY ACTION CORPORATION FOR FUNDING TO SUPPORT SPECIFIED NEIGHBORHOOD GROUPS. NOW, THEREFORE, 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 Community Action Corporation to provide funding on a one time basis for equipment and activities supporting the operation of six neighborhood groups within Wichita Falls is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Traywick that Resolution No. 2677 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 4g Discussion was held on an updated appraisal of the Mental Health/Mental Retardation Section 202 project. Alderman Thomas noted that this appraisal was authorized three months ago, and asked why it should be changed now? The first appraisal was $25,500. Ernest Lillard, Director of Public Works, stated that when we go into condemnation we have to have a second appraisal . The Tax Department agreed that this is a more realistic value. RESOLUTION NO. 2678 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL 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 appraisal been 216 Item 4g, cont'd. 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 : MHMR SECTION 202 PROJECT Lots 1 ,2,22,23 & 24, Block 1 , Boyd Re-Subdivision of Bellevue Addition. Total value approved in this resolution---------------------------$33,750.00 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 appraisal 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 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 Smith that Resolution No. 2678 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: Alderman Thomas Item 6a Mayor Hill congratulated and presented a Certificate of Achievement to Purchasing Agent Bill Schnautz for his designation of Certified Public Purchasing Agent by the National Institute of Governmental Purchasing. Item 6b Larry Shoemaker, an employee of the Parks Department, was honored as Employee of the Month for November. Mayor Hill presented him with a plaque, and two tickets each to a theatre and dinner. ¢. Item 6c Suggestion award certificates were presented to Jeannine Humphris (Library) and Cliff Wilson (Housing Code Enforcement) by Mayor Hill . The Board of Aldermen praised City Manager Stuart Bach for getting downtown cleaned up. Mr. Bach credited the Parks and Public Works Departments for this ` accomplishment stating that Cliff Wilson also had a big part in it. 217 ,jItem 7a A proposed annexation ordinance was presented. �i Roger McKinney, Director of Planning, stated that some changes have been made since the public hearing. Tracts I and II remain the same. Tract III has been revised to eliminate the area East of Turtle Creek Ranch Road. Tract IV has two proposals. The original tract has been included, along with a compromise ± tract including property 600 feet wide to the East of Jacksboro Highway to Jentsch Road. All property would be located East of existing 281 . They recommend a reduced acreage on the Jacksboro Highway. Mayor Hill stated that he is not in favor of encircling a tract of land. ORDINANCE NO. 3746 t k AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Thomas that Ordinance No. 3746 be introduced, with revised deletions as follows : eliminate the East side of Turtle Creek Ranch Road in Tract III, and reduce Tract IV to 600 feet on the East side of Highway 281 to Jentsch Road. Motion seconded by Alderman Russell . City Manager Stuart Bach stated that once they come in with a subdivision plan, then the Council should consider annexation. Alderman Thomas wondered if they would come in with a subdivision plan on the West side, or whether they would look at it again. Alderman Traywick stated that he would vote against the motion because of Tract IV. He does not see that there is going to be any balance in what the city can provide, and the revenue they would receive. Mayor Hill stated that if we do not annex this property, people will build outside the city limits. It will slow down the finger annexation. Alderman Smith stated that people are prone to move outside the city limits no matter where the lines are. He noted concern about the sale of water to those, however. He feels there is some way to control this sporadic growth. He feels the city should have a definite plan of providing service when we annex an area not requested by the people. He does not subscribe to the theory that it will bankrupt these businesses to pay city taxes. The motion failed by the following vote. Ayes: Mayor Hill , Aldermen Russell and Thomas Nays : Aldermen Traywick, Hampton, Smith, and Boston Moved by Alderman Traywick that Ordinance No. 3746 be introduced, by 'including Tracts I and II as proposed, Tract III as revised, and eliminating Tract IV. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None v Item 7b Discussion was held on repairs to the Central Fire Station roof. Joe B. Roberts, architect, stated that the reason for the additional cost of this project is that it was basically under estimated. A small job is more difficult to estimate than a larger job. This is a repair job, and it is more difficult than.a straight construction job due to unseen and unknown conditions. 218 Item 7b, cont'd. This is an unusual job in that it requires heavy equipment to handle heavy loads involved. He stated that he feels the bids which were received are good bids. Four of the five bids were fairly close. Alderman Hampton inquired if there is anything different that needs to be done now or in the future on that fire station within the next five years. Mr. Roberts stated that the existing roof is sixteen years old. At the end of four or five years the balance of the roof will need to be removed. We are now removing the roof on the engine room. Other features such as mechanical or wiring were not looked at. This area is a raised roof entirely separate from the other. There will be no damage to the remainder of the roof by the installation of this. ✓ORDINANCE NO. 3747 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 3747 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 9b RESOLUTION NO. 2679 RESOLUTION AWARDING CONTRACT FOR REPAIR OF CENTRAL FIRE STATION ROOF STRUCTURE. WHEREAS, the City of Wichita Falls has advertised for bids for the repair of the Central Fire Station roof structure; and, WHEREAS, five bids were received, and the bid of M.A. Vordenbaum & Sons, Inc. in the amount of $54,708 was the lowest responsible bid received. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of M.A. Vordenbaum & Sons, Inc. in the amount of $54,708 is hereby accepted, and the City Manager is authorized to execute a contract, a copy of which is attached hereto, for the City of Wichita Falls with M.A. Vordenbaum & Sons, Inc. for the construction of such repairs of the Central Fire Station roof structure. Moved by Alderman Hampton that Resolution No. 2679 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 Alderman Russell expressed concern that most buildings in the city constructed in the 1960's are going into major repairs. She wondered if commercial and residential buildings constructed within that era are having the same problems, or have we been less prudent? City Manager Stuart Bach noted that buildings generally need repairs in 15 to 20 years. Both Aldermen Russell and Traywick noted that these have been major structural renovations. Mr. Bach stated that we need more structural inspectors. Alderman Hampton cited McNiel Junior High as an example, stating that the soil had shifted badly and they were ready to abandon it when they found that the plumbing had not been connected beneath the building at the time of construction. Water had been dumping under the building. I 219 Item 8a A proposed resolution was presented approving the expenditure of funds for additional core borings for Phase II of the Ringgold reservoir study. The City Manager pointed out that the site study was for borings done in the late 50's or early 60's. The Phase I report considered the need for a site, and the Phase II report requires geotechnical data to select a specific site, and to provide necessary information for the permit application to the Texas Water Rights Commission. jRESOLUTION NO. 2680 RESOLUTION AUTHORIZING ADDITIONAL WORK UNDER CONTRACT DATED AUGUST 29, 1978, WITH FREESE AND NICHOLS, INC. FOR WATER RESOURSE STUDY. WHEREAS, heretofore the City of Wichita Falls and Texas Electric Service Company entered into a contract dated August 29, 1978 with Freese and Nichols, Inc. , consulting engineers for a water recourse study, which was to be done in two phases; Phase I has been completed, and on July 1 , 1980, the Board of Aldermen authorized the consulting engineers to complete Phase II of the study; and, WHEREAS, such contract provided that the consulting engineers shall be paid a fee of $35,000 for Phase II , but that if additional core borings are required, an additional amount shall be negotiated; and, WHEREAS, it has been determined that additional borings are required, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Freese and Nichols, Inc. are hereby authorized to provide additional core borings as are required, for which they shall be paid an additional fee not to exceed $14,000.00; this additional fee shall be paid one-half by the City and one-half by Texas Electric Service Company. Moved by Alderman Thomas that Resolution No. 2680 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 9a Bids were considered on an annual supply of ready-mix concrete and bulk cement for all city departments. It was recommended that the bid for ready-mix concrete be awarded to City Concrete, Inc. on purchases over one yard, and that purchases on one yard or less be awarded to A-1 Rental and Sales. The low bid for bulk cement was recommended to be awarded to City Concrete, Inc. in the amount of $14.30 per barrel net cost. Moved by Alderman Thomas that the bids be awarded as recommended. Motion seconded by Alderman Hampton, and carried unanimously. Item Ila Alderman Russell added her appreciation to the crew of 40 who cleaned up the downtown area. She complimented them in the work completed, and attitude. Alderman Russell recognized and commended City Clerk Wilma Thomas upon ,,;her recent selection in Dallas as City Clerk of the Year. Alderman Russell stated that this is a signal honor for her, and for the City. 220 Item lla, cont'd. Alderman Russell also expressed appreciation to Mr. Stephens in the Traffic Department for getting out at 9:30 at night to take care of some paint splattering, for the safety of our citizens. Alderman Russell expressed concern over the buying of precious metals by so many people in our city. She noted that house burglaries and break-ins have increased since this has been occuring. Jewelry is being taken. She asked if there is any handle that we could put into effect on these dealers who are not locally based, and no way to identify whether it is personal property or where it came from. . Captain Gene Davis stated that we have nothing at this time. We have no ordinance or state law requiring them to make any permanent record. Alderman Smith expressed concern over possible open fencing operation under semi-legal conditions. He asked if it would be possible to have an officer present at the time they are dealing? Captain Davis did not feel they would stand still for this. Alderman Smith requested investigation into our laws to try to see what can be done in this area. Mayor Hill also congratulated Mrs. Thomas for the honor which she received. City Manager Stuart Bach reported on the delegation which went to Houston v" this past weekend, and appeared before a jury on presentation of the All American City Award, for which we are a finalist. The jury included the Governor of Hawaii , Mr. Gallup, of the Gallup Polls, Sissy Farenthold, and others representing volunteerism and community development. He stated that our group did a very fine job. Some of the other presentations were not a good as ours. They had a slide presentation of the tornado as it entered the city, damage from it, and reconstruction. They showed some of the meetings being held in conjunction with this, as well as other things. He plans to place their exhibit somewhere in this building for viewing. We will hear in April , and possibly sooner, whether we are selected. They could select as many as 10 to 19 cities. He commended Bob Haley and John Nachbar for the very fine application and presentation. Mayor Hill also commended their wives for attending the booth. Angus Thompson, Community Action Corporation, spoke concerning a block of , land located on the East side of Wichita Falls bounded by Farris, Eastside Drive, Third Street, and the Wichita River. Perhaps this should have been included in the greenbelt area. It has been purchased to store oilfield equipment on it. This land is enclosed by a fence, including the top. An electrical transformer is enclosed by the fence. He requested that the City try to do something so that the transformer can be serviced by the electric company, when necessary. City Manager Stuart Bach stated that it may be a Texas Electric easement, but that he has not had a chance to talk to Texas Electric officials yet. He went out with Mr.. Thompson and Mr. Beaver to look at it. Coy Cox, 12 Farris, stated that he has had to call Texas Electric out to service this transformer in the past two years. With this fence he does not know how they will have electrical service if Texas Electric is unable to get in to service the transformer. Three property owners who face Front Street agreed to the closing of the alley. Roger McKinney, Director of Planning, stated that they require all property owners abutting the alley to agree to it. Mr. Cox stated that he joins the alley, and he did not agree to it. The Board of Aldermen asked for more information on it. Robert Beaver, 6 Farris, stated that he adjoins the alley. He stated that the former owner said he would give the land to the city for a park. In 1979, Mr. Tate, on Taft Street, requested that the alley be closed, and the city closed it. 221 ✓Item 10 The Board of Aldermen announced that they would go into executive session to discuss personnel . The Board of Aldermen adjourned at 10:30 A.M. PASSED AND APPROVED this - `kz day of ��,c_�-, ��c.�� 1980. MAYOR I. ATTEST: Tf c_ CITY CLERK I i CHANGE Distribution to: / ORDER AOWNER CHITECT O A!A DOCUMENT G701 CONTRACTOR ❑ - FIELD ❑ OTHER ❑ PROJECT: Remodeling of the Wichita Falls CHANGE ORDER NUMBER: Two (2) (name, address) Police Headquarters Wichita Falls, Texas INITIATION DATE: 31 October 1980 TO (Contractor): ARCHITECT'S PROJECT NO: 80419 Wallace & Raub Construction C_o�. 5007 Joyce Lane CONTRACT FOR: General Construction Wichita Falls, Texas 76302 JCONTRACT DATE: 2 September 1980 You are directed to make the following changes in this Contract: 1. Install J-M Re-Roof Board over existing Built-Up Roofing, substitute Centurian Base sheet for Vensulation Base sheet and install roofing as recommended by manufacturer. ADD: $4,680_00 Not valid until signed by both the 0caner and Architect. Signature of the Contractor indicates his agreement herewith, including any a,i;u,tment in the Contract Sum or Contract Time. The original (Contract Sum) was . . . . . . . . . . .... .. .. ..... . .. . $ 92,438 00 Net change by previously authorized Change Orders . . . .... . .. . . . . . . . . .. . ... ....... . . $ 600 .00 The (Contract Sum) (Cx=x 4xa*k1euumaxtit)C=9 prior to this Change Order was .. . . .. . . . . $ 93,038 00 The (Contract Sum) (6iKaca xd will be (increased) by this Change Order . . . . . . . . . . . . . . . . . . .. . .... .. .. . .. .. . . . . .. . . .. .. .. ... .. ... . $ 4,680 00 The new (Contract Sum) including this Change Order will be . . . $ 97,718 00 The Contract Time will be :kRwxa=idk a (unchanged) by ( 0 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is 1 February 1981 Authorized: CHARLES HARPER ASSOCIATES WALLACE & RAUB CONSTRUCTION THE CITY OF WICHITA FALLS AR HIIECT V.0 Box 1431 4�24 Old csboro H' way � 0/�Joyce Lane tiE Address Address Address Wich' a F s as 7 02 Wichita Falls, Texas 76302 Wichita Falls, Texas 76307 1r = / lly Ra h B. Perkins Bobby/W llace, Owner art A. Bach ATE 1 October DATE ctober 1980 DATE October 1980 AIA DOCUMENT G701 CHANCE ORDER APRIL 1978 EDITION 11,10 © 1978 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WA5t1!vt tON, D.C. 20006 G701 —1978 Purolator Armored Inc. AMENDMENT TO CONTRACT ---------- --- d j v e r i,,r-i(:;�r T 7'V '0W '-; 1('r' T-rPA La till ail'i 411"1 —————— "Iiali'kd it. Ific Ikill"Wkiiij palmulitfl,' to wit: HOLIDAY SLHVL('I." . All additional charij4 of *-'jU . ;)() i,l,I pit-kill, will be included tur service (jr, t.11,-, j ,,jlj,wIII(j (t.4YL. -. New Year ' s D'IY 1.111t.11kiL.&Y Memorial 1),Ay July 4th Labor Day Thank agivinq 1),iy Christmas Day WAITING TIME, A maximum of 5 minutes IS a I f b W LA k I r hi L jD J_) I n the event a CUUtOlftur CONS 1STV'NT1,Y rucluires additionai time, charges will be made on reported basis dL the Following rated; I - 5 minutes - j)asiU SerVICU rLitt-' 6 - 10 minutes - $5 . 00 UXLra 10 - 15 minutes - $9 . 00 extra Ovur 15 minwt#ju - lUaVU CU4Lumor Aiid pickup at 1 ,Atul, ti Ill U , , 1114,1 Char y U l--t.1!iL0II1UV" $ � . UU I ur spucial pickup. V%LCpI AN 411114:1kdt'd AX)VC.the 0116iIIJI.4jiWilCill hLIW4X11 the PiAMCN.11cloo lcllwlll-, lisli,IlalljAvd aild .411 IL-i lw. ,'.H'jilikili�'lild hjmlailoll,Icill'A'14 ill lilt: lull luffi;c and olvVI. As licicin i"imOctl said tomiiLl is iteick)y rawici And t:onhrmcd. IN WITMSS Ve lit--KIAW the li-wics livrelo have exccultJ thii, rider the Purolator Armored Inc. UN li'k-1vill F. lit-c-Li CUSTOMER ki!q I ijIl'I I VILE i"L t i i f 1 11 L'Xilluir AC 1 arealed THIS AGREEMENT, made this day of 19 between Purolator Armored Inc., .—U, Division, j, J I (state) (hereinafter called "PUROLATOR") and I'l..I. '' I,Ustumcr) +'r�e (street address) (city) (Stat, (zip) (hereinafter called the "CUSTOMER"), WITNESSETH: For and in consideration or the inutual covenants aild aviccmcnts and of the pay- metits hereinafter mentioned, the parties hereto a,­ick: as follows: 1. PUROLATOR agrees to call for and to teccivc iroin CLJSJOMIA or its dc-)i,_,ndtcd agent. and to re- ceipt therefor, sealed or locked shipinctits containing currency, coin, CIICLKIL,. securities, and other valuables except cash letters (hereinafter called "Property"), and to transport and deliver sarne in like condition, to the consignee designated by CUSTOMER, between points in, and in accordance with, the following service and compensation Schedule, the charges in which are hosed on the liability assumed by PUROLA1 OR, pur- suant to Paragraph o hereof: SCHEDULE FREQUENCY OF SERVICE LiABH_rFY SERVICE (DAYS OF WEEK) PER SIHPMI-,'N'f CHARGES J U 0 _4 ,.�)"" CallAt: i -)00 7th Streel- t h r 3 "ly .. ..... 1 )Tax bept . 2 )UtAlity r"o I i. F'rlday Maynnuin ll� A�cc,ur-,ting Dept . - , 6, ver 6: $.............. City 1,1 a t i o n a 1 L�C.Ii I Average Call At: ................... hlaxiinwn Deliver To: .................. Ave ia8,c Attached hereto are properly executed aincridnient(s)to this contract is Exhibit(s)............!"a.......­­ .... ......... ............. the terms and conditions of which are incorporated liciew as if fully set out. Insofar as special provisions contained in said arriendnient(s)hereto conflict with any of the provisions herein,such special provisions shall control. The above schedule shall be performed on PUROLATOR's leg.111al' route:; unless otherwise stipulated in Exhibit attached hereto. HOLIDAY SERVICE -- If a day designated in the above schedule or any schedule amendments falls on a Sunday, bank, legal or other holiday, the charges for Such 11011d,ty SeIAICC SIKLI1 be as specified in Exhibit 2. The CUSTOMER agrees it will cause all property delivered into the care of PUROLATOR to be securely sealed or locked and clearly labcIed with the consignor's I L '0 1 1 and I �. nsignec s name and address, and that it will not conceal or misrepresent ally 111JtClial tact Or circtnnstanct s c:onc,,ining the property deliver- ed to PUROLATOR pursuant to this agIreenient. 3. The CUSTOMER agrees to pay PUROLA10K within lilt:cn ( 15) day. ()I. presentation of perit)dj,_ invoices, the changes stated in the above schedt-il, lt)f the sClA,1CCS StiplilitC(i tit rein 'jilk.1 federal, state and local taxes, where applicable shall be added to said ch,irpes. 4. SUBJECT '10 Till, I'LWkIS AND ( ONDI I IW-NS A],( 1VI ANl) I fil- 10 VH\sl SII)l:. Ill.IZI (-)I WrVWC Under this agreement shall cownic(icc on. "lt;tll CoIltillutz tOi -cpiiai ui, �i ilic tinic i toitli Ili lilt ;)rvccd1ll0 period of A t t I i c L­ I i tence, the shall he automatically :x1cild, d holl, 111"'11(h It, 11-10111111 until clOwl tclinill'Itt-d h� .'ithcr party on thirty (30) days' \Avritk'll 11.01k.0 k`k until "I I I W!LCAlh'nt r i,,v P1 R 0 1 ATO 1z I 1i i i, h f i k il Y I,ri 1 1011 1 1"i I i 1"I I t u(c a v,j i k-r k ;I I I i or I-iovi"I'm. All !)11,;1 1)CtIA k it tilc J)"11 w-, ur I 1w1l I'I i)l J)C[1:111i- i-I t i 1A I cd fII t I I c I c. t I c I i h ', 'I'll ni,:111 t V,fi I c I 1<01 A I OR .\k.%I()RLI) INC. ... ..... . . . . .. .... (Continued) 6. PUROLATOR agrees to assume liability, as hereinafter limited, for any Ic,s, damage or destruction Of property (hereinafter called "loss") from the time it is received by PUROLATOR until Such tune as it is de- livered to the consignee designated by the CUSTOMER to receive same, or. in the event of non-delivery, until its return to the CUSTOMER,but PUROLATOR does not a�sunic liability for property while in safe(s) on the CUSTOMER'S premises. The sole liability of PUROLATOR in the event of loss from whatever cause, except as hereinafter further limited, shall be payutclit to the CUSTOMER of the dc,11,cd value as appears on the shipping document, which sum shall not exceed the maxinium amount set lorth in the schedule on page 1 of this contract for tile designated shipment. The CUSTOMER agrees with PUROLATOR that in the event of less, it will ,c.opelate to the fullest extent to which it is capable in reconstructing checks conS;initing a part of ,S said 10 and as to said checks, PUROLATOR'S liability except as limited hereinabove shall be the payment to the ('U.S I'OMER of : (a) Reasonable costs necessary to reconstruct the checks plus where the cllecks L11e reconstructed, any necessary costs because of stop-payment procedures. (b) The face value of checks which cannot be reconstructed. It is understood and agreed by the parties to this agreement that the words "reconstruct", "recon- structed", and "reconstruction" shall mean to identity the checks only to the extent of determining the face amount of the said checks and the identity of the maker or the endorser Of'each. It is ful tiler under- stood and agreed that the word "shipment" wherever used in tlli:, agreement Siudl nlcau a Single comWil- nient of one or more items of property from one shipper at ogle time at oue address to one consignee at one destination address. 7. The CUSTOMER agrees to notify PUROLATOR in writing of any claim for loss within twenty-four (24) hours after loss is discovered or should have been discovered in the caerciw of due care, and, in any event, within forty-five (45) days after delivery to PUROLATOR of the property in :-imuction with which the claim is asserted, and unless such notice shall have been given, such claim sl,:dl be tice►ned waived. I lie CUSTOMER further agrees to furnish proof of loss in a form satisfactory to PUROLATOR or its insurer and promptly assist PUROLATOR or its insurer in all ways pertaining to recovery of said loss. Upon pay- ment of loss hereunder, PUROLATOR or its insurance company shall b,,,, subrogated to all the CUSTOM- ER'S rights and remedies of recovery therefore. 8. PUROLATOR agrees to cover with insurance the liability assumed in Par_graph o and a certificate of such insurance will be furnished to the CUSTOMER upon written request. Fur the protection of CUSTOM- ER in view of the liability assumed in Paragraph (,, CUSTOMER or PUROLA FOR niay cancel and termi- nate this agreement upon thirty (30) days' written notice in the event PUI(()l_A'f(W'S cargo insurance shall he either cancelled or substantially altered or PUROLATOR'S insurancc uudcm(itei ;hall notify PUROLA- TOR of its intention to cancel or substantially alter PUROL.A'fOR'S cargo iusur,uicc. Q. Notwithstanding any other provisions of this zi reemcut. it is I'lAMI_AT(W shall not he h.,t)Ic for any loss caused by or resulting from: (a) (1) hostile or war-like action in time of peace or war, includuig action in hmdcrin�!, combating or defending against an actual, impending or cnpectud attack, (a) by any Government or sovereign power (de jure or de facto), or by any authority 111,11111,011111" or usil;g military, naval or air force; or (h) by Military, Naval and Air Eorccs, or (c) by any agcut of any ,Lich Government, power, authority or for=cs. (2) Any weapon of war employing all atonic fission of radloactke fore,.' whether ill tnlic of peace or war. (3) insurrection, rebellion, revolution, civil war, usurped power, or action takcu by (i( vcri;- niental authority in hindering, coinbatinc or d, i,udin.v against NW-11 an uccuri��nce, �,ci:Lire or destruction under quarantine or customs rcgulaf i,)ns. 01 ,'unf l,t::t ion by „rdcr of any Covermnent or public authority: or risks of "oullaband or 111,•1,a1 11"'Ie. (4) Nuclear reaction or nuclear radiation or radioactl�c �ulitaliiiii,,ii�n1; all "hethel c�,nfn)Ilcd 01 uncontrolled, and whether such l<>„ be dilcct or nrlucct_ iTI)Muiat; ur reniotc, of 1:1,' in V:holc or in part caused by, contributed to, or Wlllr ,,atcd l,y th" perili,) for v,hl�h habifity i, assumed by PUROLATOR- however, subiect to the and to all otlwl (0 thi, contract, 1)U4O1 ATOR sLAH 11e Bahl, i(n din"i,t 10,. 1,1 111,� lr,ultm,r Ruin nu'l '.1i reaction or nuclear radiation or radloa, tivc ,�ontaniinati�'n. (h) Shorta.;cs claimed in the co'itclits of the Scalcd 01 1« I'C,.f "hirlill At, Aoll-1= rfornlamL, or delays; but PURI)f,1 I(,)IZ agrl i'•. tU t'•J i3a��l�. (t�! iti� - ,i�ty ttl ,ail) PRIM c',i ,. t1'iel cd liif(1 it, p(iS,e„U)n wit ally tiinC llt)t to e.A, c,: 1 1h, ina*iililll,? -�tai"l lil "UPOLA10P shall not he Iiahle to ..11� 1, (•i af1V tfah.0 i)( 1;1b01itlti 1 ') i"irC'ilk%t�E':_E`,t,atailry, [n,.3rhtf',�lilSSwai,t, brlC-£1-bial', p+ii'�'�'lalliti ztnLf tiil!diir tr�,p,ll@ i1rt.R'lE`ti. 1�1' WITNI SS titi111 1?I ,W, Ill k0l'AIUR .and ! t 'SiO\1l K li.i�;� �„l�i�, :t ;i�i� ,,�nti;l�t t,� i��� 'w!I' d hs ;hc aide hcli,',11 CONTRACT FOR PERSONAL SERVICES GENERAL HOUSING PLAN THIS AGREEMENT, entered into on this by and between Pierce M. Mahony, herein called the "Contractor" and the City of Wichita Falls, Texas, herein called the "Planning Agency", WITNESSETH THAT: WHEREAS, the Planning Agency desires to engage the Contractor to render certain technical or professional services hereafter described in connection with an undertaking which is expected to be financed by the Planning Agency. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Supersession of Agreement. This agreement supersedes the agree- ment entered into on May 28, 1980 by and between Pierce M. Mahony, Contractor, and Housing Wichita Falls, Inc. , Corporation. 2. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby, agrees to perform in cooperation with the Planning Agency. 3. Area Covered. The Contractor shall perform all the necessary services provided under this contract in connection with and respecting the following area or areas, herein called the "Planning Area": The incorporated area of the City of Wichita Falls, Texas and its immediate environment. 4. Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, determined by the Planning Agency, the services in accordance with the terms and conditions described in Exhibit One (1) . S. Personnel. (a) The Contractor represents that he has, or will, secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. -2- (b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and Local law to perform such services. (c) None of the work or services covered by this contract shall be subcontracted without the prior written approval of the Planning Agency. 6. Time of Performance. The services of the Contractor are to commence on or prior to December 1, 1980, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purpose of this contract. All of the services required hereunder shall be completed by June 30, 1981 in accordance with the Work Schedule presented by the Contractor to the Planning Agency fifteen (15) working days after the contract is signed. The Contractor shall also present. a monthly progress report by the first of each month to the Planning Agency. 7. Compensation. The Planning Agency agrees to pay the Contractor a sum of $30,000.00 for the services to be provided herein. 8. Method of Payment. The Contractor shall submit a summary of hours worked by labor classification plus all incurred expenses and applicable markups. Payment will be made monthly based on the percentage of work completed as reflected in the monthly progress report. A ten percent (10%) retainer will be withheld from each payment. Upon completion and approval of the planning Agency, the ten percent (10%) retainer will be paid to the Contractor. 9. Termination of Contract for Cause. If, through any cause except for fault of Planning Agency, the Contractor shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the -3- Planning Agency shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, models, photographs, and reports or other material prepared by the Contractor under this contract shall, at the option of the Planning Agency, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other material. Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the contract by the Contractor, and the Planning Agency may with- hold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 10. Termination for Convenience of Planning Agency. The Planning Agency can terminate this contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 above shall, at the option of the Planning Agency, become its property. If the contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of the Contractor covered by this contract, less payments of compensation previously made. 11. Termination of Contract for Cause by the Contractor. If work is stopped for a period of thirty (30) days by the Planning Agency, or as a result of an act of government, such as a declaration of a national emergency, through -4- no act or fault of the Contractor, then the Contractor may, upon seven (7) additional days' written notice to the Planning Agency, terminate the contract and recover from the Planning Agency payment for all work executed. 12. Changes. The Planning Agency may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Such changes including any increase or decrease in the amount of the contractor's compensation, deviations in project schedule, and/or work scope which are mutually agreed upon by and between the Planning Agency and the Contractor shall be incorporated in written amendments to this contract. 13. Equal Employment Opportunity. (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations, rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon such subcontractors provided that the foregoing provisions shall not apply to contracts -5- or subcontracts for standard commercial supplies or raw materials. (b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants and employees as the Planning Agency may require. (c) The Contractor agrees to comply with such rules, regulations, or guidelines as the Department of Housing and Urban Development (HUD) may issue to implement this project. 14. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency and no members of its governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decisions relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, direct or indirect, in this contract or the proceeds thereof. 15. Assignability. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation) , without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this contract may be assigned to a bank, trust company, or other financial institution without such approval, notice of any such assignment, or transfer shall be furnished promptly to the Planning Agency. 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed in this contract. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. -6- 17. Findings Confidential. Any reports, information, data, etc. , given to or prepared or assembled by the Contractor under this contract which the Planning Agency request to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Planning Agency. 18. Officials Not to Benefit. No members of or delegate to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom 19. Identification of Documents. All reports, maps, and other documents completed as a part of this contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block containing the name of the Planning Agency) : The preparation of this report, map, document, etc. , was financed by the City of Wichita Falls with Community Development Block Grant funds, together with the date (month and year) the document was prepared. 20. Publication, Reproduction and Use of Material. No material produced in whole or in part under this contract shall be subject to copyright in the United States or in any other country. The Planning Agency, HUD, and CONTRACTOR shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this contract. 21. Audits and Inspections. At any time during normal business hours as often as the Planning Agency or HUD may deem necessary, there shall be made available to the Planning Agency ox hUD for examination all of its records with respect to all matters covered by this contract and will permit the Planning Agency or HUD to audit, examine and make excerpts or transcripts from such -7- records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this contract. It is understood that the Contractor's accounting system is based upon the requirements of the Federal Procurement Regulation and Cost Accounting Standards. IN WITNESS WHEREOF, the Planning Agency and the Contractor have executed this agreement as of the date first above written. Stuart Bach, City Manager Pierce M. Mahony, Consultant ATTEST: ATTEST: SCOPE OF SERVICES GENERAL HOUSING PLAN CITY OF WICHITA FALLS, TEXAS BACKGROUND For local governments, housing is a significant consideration. Residential devel- opment is usually the predominant user of urban land. Taxes on housing are a principal source of local government property taxes. Services to housing and services to the citizens of this housing comprise a major portion of local govern- ment's responsibility and expenditures. In order to meet the citizen's housing needs for Wichita Falls and simultaneously strengthen its local economy and tax base, a comprehensive housing plan needs. to be conducted. Thus, the contractor will be responsible for, but not 'limited •to, the following: Consultant Responsibilities 1. Identification of the city's housing trends since 1970 to include, but not limit itself to, the following: a. Review of previous studies that determined need, redevelopment and devel- opment trends, and projection of needed housing stock including: - Midtown 2000 - Housing Assistance Plans - Vacant Land Study, 1980 - Economic Adjustment and Development Strategies for the City of Wichita Falls, 1980 - Goals for Wichita Falls, 1980 - Study of Potential Demand for Single Family Residential Mortgage Funds, 0 Wichita Falls, Texas - Housing Element, 1977 - Property Services Element, 1979 - Land Use Element, 1977 - Capital Improvement Program for the City of Wichita Falls b. Review of existing programs and committees working toward housing for Wichita Falls in order to cohesively coordinate community goals. Accom- panied with City staff, the consultant shall meet with each listed committee, organization or corporation at a minimum of one time to communicate the City's desire to achieve unified housing goals for Wichita Falls. The contents of the meeting shall be predetermined with City staff. The organizations should include, and be limited ta: - North Texas Home Bu • ders Association - Midtown Now, Housing Committee - Housing Wichita Falls, Inc. - Planning Board - Board of Commerce & Industry - Wichita Falls Board of Realtors - Salvation Army - Community Action Corporation - Inter-Faith Disaster Services - Discussion with: Federal Housing Administration, Veterans Administration At least one public hearing will be held with a representative from each forementioned organization/corporation. It will be conducted by the consultant and City staff to discuss and set conunon, unified housing goals. The consultant will also hold a minimum of two (2) workshops with the Planning Board to strengthen their guidance skills for housing development. e. Identification with City's housing trends from 1970-1980 to include, but not limit itself to, the following variables: 1) Housing stock including condition and status by identifiable geographic unit 2) Density ranges and economic, fiscal and environmental impacts 3) Housing development trends including, but not limited to, effectiveness/ limitations of the city's growth management tools, utilization of existing infrastructure and its fiscal impact, current land use policies, etc. How do these variables effect the city's housing stock? 4) Sector analysis to include identification of housing problems over the last decade. Causal factors should be d,- erardned. 2. Utilization of 1980 Census data to aggregate da(_a _ind analyze the city's population, age distribution, employment, incom level, and economic indicators. These variables should be correlated to their total impact on the city's housing stock. 3. Housing Market Analysis conducted to analyze development trends and its impact on the housing market, local economy (i.e commercial, industrial development) , the city's tax base, etc. 4. Identification of city's redevelopment goal_s _in harmony with previously defined organizations. Coordination and mee.tin ;s must take place. with other local organizations in order to facilitate a cohesive, workable housing redevelopment plan. The "stage of ttae city's development"* shall be identified by the consultant for each planning sector. * See attachment. -s- S. Analysis of Drawn Data to include, but not be limited to, the following: a. Causes of housing trends in relation to city' s growth management tools, land use, density, etc. b. Impacts of housing trends including discussion of over or under development on the housing market and its impact on the local economy and the city' s tax base; CBD deterioration; environmental, infrastructure, physical, energy, and topographical effects from current dousing trends, attainment of community housing goals, etc. 6. Projection of housing needs for next five years devulo _ed with yar}ing scenarios to include, but not limit itself to: a. Scenario 1: Present housing trends continued, without population increase, and its environmental, energy, economic, fiscal , etc. impacts. Correlation to previously defined demographic variables. b. Scenario 2: Three different five year projections or housing needs assuming 0%, 1% and 3% population growth. A plan shall accompany each growth assump- tion recommending avenues the city could take to cost-effectively meet the projected housing needs. This shall also include suggestions to the Planning Board as to identifying development potential in various planning sectors. c. Scenario 3: In order to protect its economic viability, the City should be aware of alternative actions for housing if population for Wichita Falls slightly decreases. This scenario should recoiianend to the city how it should react in order to assure itself of its tax base and meeting citizen housing needs. 7. A Management Information System (MIS) will be established to provide a solid- updated data base. The consultant will develop a workable system to provide base housing data, city's fiscal capabilities, etc. A proposal as to a comput- erized MIS system shall be provided. Sources of funding for a computerized MIS program shall be in the MBO plan. 8. Management by objectives (MBO) tied to projected cost_ established for the next five years on an annual basis for city' s housing policies. The MBOs established for each year shall be quantifiable, measurable, and tied to budgetary constraints in order to insure efficient and cost-effective implementation. The MBOs should be cohesive with the City of Wichita Falls' comprehensive goals. a. Coordination of goals with previous studies and local organizations, to include but not be limited to: 1) Elderly and handicapped needs 2) Low, moderate income needs 3) Enforcement/growth management tools 4) City' s Comprehensive Plan 5) Redevelopment muds 6) Energy conservation b. A five year plan shall b develops=d for uacfl �,r�,�.c_li :�.� t_nar.i�, JW!" :vector based on, but not limited to: 1) Quantifiable MBO cc ii_muiiity �,oals ir,cludin� ruliabiii_tat.iun, energy conservation, eldurly/handicappt([ nuecis and projected market demand. 2) Inter-relating grid .intugratiii; Lhc maiiagc-ineut by objectives (both quantified and time table) with the other elemcnCs of thu Ccsmpreh,_•usive Plan, city goals, and community lousing goal; pruvioW>tV suL by forenieutioned orgaiii- zations/corporations. 3) Development of federal. funding an�C otltur' sources for idtntiiied MBO housing action programs to include ageiic; , program, available money, and applica- bility to the City of Wichita Fills. 4) Impacts of the accomplished MBO ,,oafs on tic- neighborhood, housing market , local economy, city's tax base, eLC. c. A ten year general plan shall be duv,Aoped in r:-gard to the projected MBO growth scenarios and including geuur,il guiduli.I, s for Lhu Planning Aguncy and Planning Board. 9. Final Report develo )ed by the c,onsult �i!ji. shoUld 1W divided iiico_ fiv( (5) sections. a. Local environment including: 1) Identifi.cation of existing housiii__; programs 2) 1970-1980 housing trends a,;d it,,; impact 3) 1980 demographic data and its impact on hou:;iur�, needs 4) Housing Market Analysis b. Impact analysis of local hous_ini; dr­vt,lc,pmuut <znd urk-cis c. Identification of managumLrit by ol)j,-cLive c�.�;uuu�:� it� Iwusiug goals d. Projection of housing needs includin",� Lhrec. (�) ,r( , scenarios tied to recommended MBOs and fiscal constr.i i r)trs e. MBO plan to achieve community hous.isit, rc): is (S ;12df's - specific ATTAa;IiMMT *Stages of city development 1) Initial development and construction 2) Initial evidence of minor maiatun.auce no-_A 3) General shift in ownership and channen in icsidents , nsc-s and activities 4) Some rebuilding, remodelinn and cunvursiun of styuctwes coupled with continued evidence of mainun"nce problL ms 5) Significant decline in vaLun and quality of property; increase of vacancies and abandonment. Severn deterioration and disinvestment in area 6) Reinvestment in property to currant market standards } STATE OF TEXAS X COUNTY OF WICHITA This agreement made and entered into this the 1 day of October, 1980, by and between the City of Wichita Falls, Texas, hereinafter called City, and the Community Action Corporation of Wichita Falls and North Texas Area, hereinafter called C.A.C., WITNESSETH: FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, the parties do hereby agree as follows: 1. Pursuant to action taken by the Board of Aldermen on October 1, 1980, the City agrees to disburse funds in the amount of $14,400 on October 1, 1980 to the C.A.C. on a one- time basis for equipment and activities supporting the operation of Neighborhood groups within Wichita Falls, and upon proper execution of all terms in this contract, the C.A.C. shall be eligible for an additional appropria- tion of $9,600. 2. Each appropriation amount ($14,400- October 1, 1980 and $9,600 after April 1, 1981) shall be divided among the six neighborhood groups recognized by the C.A.C. in six equal parts as designated in the following schedule: Disbursements Oct. 1, 1980 April 1, 1981 A. East Lynwood Residents Organization $2,400.00 $1,600.00 B. Scotland Neighborhood Action Group $2,400.00 $1,600.00 C. Rosewood Neighborhood Group No. 1 $2,400.00 $1,600.00 D. Eastside #2 Neighborhood Action Group$2,400.00 $1,600.00 E. Northside Area Neighborhood Action Grp$2,400.00 $1,600.00 F. Southside Area $2,400.00 $1,600.00 TOTAL $14,400.00 $ 9,600.00 3. Method or Disbursement and Evaluation: A. C.A.C. will establish a record sheet for each center's allocation. A detailed posting will be made for each expenditure, and a running daily balance will be shown. B. Only those expenditures made by authorization of a purchase requisition submitted by the group's chairperson allowed. C. The City is authorized to inspect all records and books reflecting expenditures made from these funds, which are kept by the C.A.C. and/or each neighborhood group, upon immediate notice of intent to inspect such records. The City is authorized to inventory the equipment purchased by the neighborhood groups which must be kept at the Neighborhood Facility. D. Purchase requisitions may only be submitted on items included in the neighborhood budgets. E. C.A.C. will see that all items included in the neighborhood budgets will be purchased and that no reallocation of resources will occur. F. In the event that there are remaining funds after specific line items have been purchased or extended, said funds may be requested to be used for other purposes as submitted to and approved by the City. G. City shall first approve the budgets prepared and submitted to the Community Council and City Manager's office by the neighborhood groups and requires C.A.C. spending of City funds to meet the needs determined by the Neighborhood Action Groups. -2- 4. C.A.C. will provide the City Manager's office with a quarterly report identifying: A. Impact of City funds on neighborhood programs. B. Number of persons being served at each of the neighborhood centers. C. Percent of City money already spent. D. Purposes for which funds expended. E. A1.1 groups will use the standardized format Quarterly reports will be due in the City Manager's office not later than: 1st quarter: ,January 8, 1981 2nd quarter: April 9, 1981 3rd quarter: July 9, 1981 4th quarter: October 8, 1981 4. Upon commencement of the C.A.C. 's Weatherization Program to be conducted by the Eastside #2 Neighborhood Action Group, Rosewood Neighborhood Group #1, the City requires a letter to the City Manager's office identifying the name of the occupant, location of structure, approximate date of weatherization project and work completed. 5. Failure to faithfully perform any of these covenants will be grounds for cancellation of this agreements, C.A.C. shall be notified in writing by registered mail or by personal service of any such breach of such covenants; and if such breaches are not corrected within a reasonable time following receipt of such notice, City may declare this contract null and void. -3- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above set out. City of Wichita Falls By: Stuart A. Bach, City Manager ATTEST: City Clerk Community Action Corporation of Wichita Palls North Texas Area APPROVED AS TO FORM: City Attorney RESOLUTION NO. RESOLUTION APPROVING CONTRACT WITH COMMUNITY ACTION CORPORATION FOR FUNDING TO SUPPORT SPECIFIED NEIGH- BORHOOD GROUPS . NOW, THEREFORE, 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 Community Action Corpor- ation to provide funding on a one time basis for equipment and activities supporting the operation of six neighborhood groups within Wichita Falls is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the day of , 1980. M A Y O R ATTEST: City Clerk