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Min 12/19/1978 83 Wichita Falls, Texas Memorial Auditorium Building December 19, 1978 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 Hardy McAlister Fred E. Bassett Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock Q Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Mark Hughes , First Pentecostal Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held December 5, 1978, be approved. Motion seconded by Alderman McAlister, and carried unanimously. Items 4a-7a Moved by Alderman Thomas that the consent agenda be approved. Motion seconded by Alderman Bassett. Item 4a The bid for a microfilm camera for Accounting Department was awarded to 3M Business Products Sales in the amount of $4,517.80. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays: None Item 4b The bid for two floor hoists for Central Garage was awarded to Service Station Equipment Company in the amount of $6,592.00. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None Item 4c The bid for stage curtains was awarded to Oklahoma Cit; Scenic Co. , Inc. , in the amount of $9,470.00. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Russell Nays: None Item 5a Authority was granted to advertise for bids for a loader, patching roller, and tractor and mower for the Street Department. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Russell Nays : None 84 Item 5b Authority was granted to advertise for bids for a performance analyzer for Central Garage. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays: None Item 5c Authority was granted to advertise for bids for a copying machine for the Library. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays: None Item 5d Authority was granted to advertise for bids on a backhoe with front end loader for Public Utilities. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Russell Nays : None Item 6 Minutes of the meetings of the following boards were received. a. Park Board - December 12, 1978 b. Board of Electrical Examiners - December 4, 1978 Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays: None v' Item 7a Authority was granted to engage the firm of Tannery, Perkins, Gray, and Company for au- dit o-1 the LPW Grant in the amount of $680.00, and for audit of the transit system ranging from a minimum of $2,750.00 to a maximum of $3,800.00. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None Item 8a Steven Todd, an employee of the Accounting Department, was honored as Employee of the Month for December. Mayor Hill presented him with a plaque and two tickets each to a theatre and dinner at a restaurant of his choice. Item 9a A proposed ordinance was presented amending revenue sharing appropriations to fund the Activities Center. \' ORDINANCE NO. 3408 ORDINANCE AMENDING GENERAL REVENUE SHARING APPROPRIATIONS. Moved by Alderman Bassett that Ordinance No. 3408 be passed. v Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None " Item 9b A proposed ordinance was presented appropriating $205,000 from the Auditorium/Activities Center fund for the Activities Center Project. 85 Item 9b, cont'd. VORDINANCE NO. 3409 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AUDITORIUM/ACTIVITIES CENTER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No. 3409 be passed. Motion seconded by Alderman Bassett, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Russell Nays: None \/Item 10a A proposed annexation ordinance was presented. `ORDINANCE NO. 3405 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. 3405 be passed . Motion seconded by Alderman Bassett, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None Item l l a A proposed resolution was presented providing for automatic crossing protection devices at Beverly Street railroad crossing. � RESOLUTION NO. 2260 RESOLUTION APPROVING CONTRACT WITH THE STATE OF TEXAS AND THE FORT WORTH AND DENVER RAILWAY COMPANY, PROVIDING FOR GRADE CROSSING WARNING SYSTEMS AT THE BEVERLY STREET CROSSING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Agreement, a copy of which is attached hereto, between the State of Texas, the Fort Worth and Denver Railway Company and the City of Wichita Falls which provides for the installation of grade crossing warning systems at the Beverly Street railway crossing, is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2260 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays: None Item llb A proposed resolution was presented approving agreement for installation of traffic signals for Kell Freeway project. 'RESOLUTION NO. 2261 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF TEXAS CONCERNING INSTALLATION OF TRAFFIC SIGNALS ON KELL FREEWAY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and the State of Texas, concerning the installation of traffic signals on Kell Freeway, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . 86 Item llb, cont'd. Moved by Alderman Thomas that Resolution No. 2261 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None ,Item llc A proposed resolution was presented approving an agreement for installation of a traffic signal at Kemp Boulevard and Elliott Street. RESOLUTION NO. 2262 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND DAYTON- HUDSON COMPANY, INC. CONCERNING A TRAFFIC SIGNAL AT THE INTERSECTION OF ELLIOTT STREET AND KEMP BOULEVARD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Dayton-Hudson Company, Inc. , owner of Target Stores , providing for the construction , maintenance and operation of a traffic signal at the intersection of Elliott Street and Kemp Boulevard, is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2262 be passed. Motion seconded by Alderman Bassett, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None Item lld A proposed resolution was presented calling a public hearing for a temporary loan to finance the Activities Center project. ,'RESOLUTION NO. 2263 RESOLUTION GIVING PUBLIC NOTICE THAT THE BOARD OF ALDERMEN WILL CONSIDER AN ORDINANCE AUTHORIZING A TEMPORARY LOAN FROM PARKER SQUARE STATE BANK FOR REMODELING OF ACTIVITIES CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Public notice is hereby given that, at the meeting on January 2, 1979, the Board of Aldermen will consider an ordinance authorizing a temporary loan from Parker Square State Bank in an amount up to $300,000, of which $280,000 would be at an interest rate of 3 3/4 per cent under the City's depository contract, and $20,000 would be at a rate of interest negotiated between the City and the Bank. Moved by Alderman Thomas that Resolution No. 2263 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None ' Item lle A proposed resolution was presented approving Wichita County appointments to the Board of Health. RESOLUTION NO. 2264 RESOLUTION CONFIRMING APPOINTMENTS BY COMMISSIONERS COURT TO THE BOARD OF HEALTH. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: 87 Item Ile, cont'd. The appointments by the Commissioners Court of Wichita County, Texas , of Ted Alexander, Jr. , D. 0. and Mickey Cornelius as members of the Wichita Falls City- Wichita County Board of Health for two year terms commencing January 1 , 1979, and expiring December 31 , 1980, be and the same are hereby confirmed. i Moved by Alderman Adcock that Resolution No. 2264 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays: None i Item llf A proposed resolution was presented approving the first amendment to the non- annexation contract with PPG. ,RESOLUTION NO. 2265 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT BY CITY OF WICHITA FALLS AND PPG INDUSTRIES, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain First Amendment to Contract, a copy of which is attached hereto, between the City of Wichita Falls and PPG Industries , Inc. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2265 be passed. Motion seconded by Alderman Bassett. The City Manager pointed out that this action is due to a lack of contractual agreement between the City and County on fire protection services after December 31 . After that time we would no longer answer calls outside the city limits. He stated that he would hope that Wichita County would design and publicize a system whereby residents outside the city limits can receive information on reporting fires. It was the Council 's request that the city's dispatchers inform all callers to call the County Judge for information. Discussion centered around the City not sending its Jaws of Life outside the city limits. The City Manager explained that we have to have a contract to protect our liability to go outside the city limits. The Council agreed that if the County is willing to enter into a contract with the City for the use of the Jaws of Life outside the city limits , then they would also be agreeable to contract with them. This contract would have to be negotiated prior to December 31 . The County Commissioners will meet on December 27. The motion was carried by the following vote. I Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None ✓Item 12a A proposed resolution was presented awarding the bid on Phase 4, Municipal Airport improvements. This includes apron and taxi paving and access road reconstruction. 'I RESOLUTION NO. 2266 RESOLUTION AWARDING CONTRACT TO TIMMINS-ANDERSON CORP. FOR CONSTRUCTION OF PHASE IV IMPROVEMENTS AT THE MUNICIPAL AIRPORT. i WHEREAS, the City of Wichita Falls has advertised for bids for the construction of certain improvements at Wichita Falls Municipal Airport; and, WHEREAS, two bids were received , and it is found that the low bid of Timmins- Anderson Corp. in the amount of $494,429.75 is the lowest and best bid. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: 88 Item 12a, cont'd. Said bid of Timmins-Anderson Corp. in the amount of $494,429.75 is hereby accepted subject to the concurrence of the Federal Aviation Administration, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Timmins-Anderson Corp. for the construction of such airport improvements. Moved by Alderman Smith that Resolution No. 2266 be passed. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays: None Item 12b A proposed resolution was presented approving exchange of land at Lake Arrowhead. RESOLUTION NO. 2267 RESOLUTION APPROVING TRADE WITH J. S. BRIDWELL COMPANY OF LANDS LOCATED AT LAKE ARROWHEAD. WHEREAS, the City of Wichita Falls advertised for offers to trade three tracts of land located at Lake Arrowhead, said tracts being described as Tract 1 , Tract 2 and Tract 3 on the attached bid dated November 27 , 1978; and, WHEREAS, one bid was received , that being the bid of J. S. Bridwell Company, a copy of which bid is attached hereto, wherein such Company offered to trade forty acres out of Lots No. 8 and No. 9, Clark and Plumb Subdivision No. 1 , Clay County, Texas , said forty acres being located on the east side of Deer Creek and the south side of F.M. Highway No. 172; and, WHEREAS, the Board of Aldermen finds that it is advisable to exchange this City-owned land for the land offered by J. S. Bridwell Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The bid made by J. S. Bridwell Company is hereby accepted, and the City Manager is authorized to execute and deliver for the City of Wichita Falls the necessary deeds and other instruments necessary to complete this exchange of lands. Moved by Alderman Thomas that Resolution No. 2267 be passed. Motion seconded by Alderman Bassett, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None ` Item 13a Permission was requested to advertise for bids on traffic signal equipment at Kemp and Elliott Streets. It will be funded by Dayton-Hudson Company, Inc. , and installed by the city. Moved by Alderman McAlister that authority be granted to advertise for bids , as requested. Motion seconded by Alderman Adcock, and carried unanimously. i Item 13 b Permission was requested to advertise for bids for oil and gas leases on city property at Lake Wichita and Lake Kickapoo. RESOLUTION NO. 2268 RESOLUTION AUTHORIZING NOTICE OF INTENTION TO LEASE FOR OIL AND GAS CERTAIN LANDS LOCATED AT LAKE KICKAP00 AND LAKE WICHITA. WHEREAS, the City of Wichita Falls has received three requests that certain lands owned by the City at Lake Kickapoo and Lake Wichita be leased for oil and gas exploration and production. 89 Item 13b, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . It is advisable, under proper circumstances , to lease for the development of oil and gas all , or part, of the following tracts located at Lake Kickapoo and Lake Wichita, to-wit: A. 2,351 acres more or less, in Wichita and Archer Counties, Texas , adjacent to and under Lake Wichita, more particularly described in a deed dated November 20, 1920, from Wichita Falls Electric Company to City of Wichita Falls , said deed being recorded in Volume 171 , Page 169 of the deed records of Wichita County, Texas. B. All land owned by City in R. Carson Survey 174, Abstract 108, Archer County, Texas. C. All land owned by City in R. Carson Survey 173, Abstract 107, Archer County, Texas. D. All land owned by City in R. Carson Survey 154, Abstract 80, Archer County, Texas. E. All land owned by City in R. Carson Survey 153, Abstract 81 , Archer County, Texas. F. All land owned by City in S. A. & M. G. Survey, Abstract 447, Archer County, Texas. G. All land owned by City in McKinney & Williams Survey, Abstract 314, Archer County, Texas. SECTION 2. Any such oil and gas lease shall provide for at least a 1/8 royalty, and shall have a primary term of no more than ten years. SECTION 3. Any such oil and gas lease may include a pooling provision which meets with the requirements of Subchapter B of Chapter 71 of the Natural Resources Code of the State of Texas . SECTION 4. Under any such oil and gas lease, no actual drilling may occur on the property covered by such lease unless the location of such well is approved in advance by the City and meets the specifications designated for protecting the water in the lake; provided, however, such provision would not prohibit the drilling of a well on other lands of which a portion of the leased property was pooled nor the drilling of a directional well under such property. SECTION 5. City shall give notice of intention to lease such lands by publication once a week for three consecutive weeks in a newspaper published in the county, which notice shall describe the land and designate the time and place at which the Board of Aldermen will receive and consider bids for such leases. SECTION 6. City will not warrant the title to minerals in such lands. 1 S SECTION 7. The Board of Aldermen reserves the right to reject any and all bids , and to give notice and call for additional bids , if same is determined to be in the best interest of the City. Moved by Alderman Thomas that Resolution No. 2268 be passed. Motion seconded by Alderman Bassett. Mayor Hill expressed opposition of drilling oil wells at Lake Wichita. Hellen Hutchison appeared for Reasoner Petroleum Land Service, stating that she thought the City of Wichita Falls would not want to stop any drilling at this time to give us evergy resources. The reason for leasing the lake would be to do directional drilling. The city's land is only a part of what is involved , and she doubted that they could stop the drilling on property owned by individuals. The City Manager explained that this request is to advertise only, and they would still have an opportunity to reject or award bids when they come in. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Russell Nays : None 90 Item 14a The Council went into executive session at 9:50 A.M. to discuss personnel board appointments. They resumed the meeting at 10:02. Moved by Alderman Thomas that Mrs. Virginia Holmes and Lt. Colonel Ron Miller be y" reappointed, and that Charles Thomas be appointed to the Aviation Advisory Board for three-year terms beginning January 1 , 1979. Motion seconded by Alderman McAlister, and carried unanimously. Moved by Alderman Smith that Dr. Bedford Furr be reappointed, and that Jay Cantrell and Jim McCord be appointed to the Traffic Commission for three-year terms beginning January 1 , 1979. Motion seconded by Alderman Russell , and carried unanimously. Moved by Alderman Russell that Jim Stacks and Dr. Annie Joe Deupree be reappointed, and that Mrs. Leland Allred be appointed to the Park Board for three-year terms beginning January 1 , 1979. Motion seconded by Alderman Thomas, and carried unanimously. Item 14c Information was presented to the Council on building code violations regarding a building constructed by Joe Cadle on Lot 19, Block 2, Cannon Park Addition (corner of Mississippi and Underwood) . Violations are as follows. (1 ) No building permit, (2) set back requirement of 25 feet on Mississippi Street - building is constructed less than 5 feet, (3) set back violation on Underwood Street, and (4) building partially constructed on city property. Alderman McAlister stated that the reason for putting this on the agenda is to see if the City has any interest in selling this land, so that bids can be taken on it. The purpose is not to discuss waivers, but to see whether we are interested in selling the property which his building is located on. The City Manager stated that the staff has no objection to taking bids on this property. We have no need for it. Moved by Alderman Thomas that authority be granted to advertise for bids for sale of this city owned land. Motion seconded by Alderman Bassett, and carried unanimously. Item 14b J. C. Boyd appeared as Executive Director of Midtown Now. He requested a summary v' of where we are now on the activities center. The City Manager noted that the Council has taken the necessary action which makes it adequately financed. The contract has been let, and work should commence immediately after January 1 . Completion is expected in August. Beautification, parking lots , and modification of Tenth Street will be awarded separately; however, the funds are included in the total cost. The parking lot at Ninth and Ohio is being purchased now. Alderman Thomas commented on the deficits of the Skyroom Restaurant. He criticized " the Chief Accounting Officer for not being aware of this , stating that it is his responsibility, and they expect him to do it. It was also pointed out that Cliff Cunningham and Vincent Murphy are also in arrears on their grazing leases. Discussion was held on this with the City Attorney. City Attorney H. P. Hodge stated that Mr. Murphy claims he paid us, but has not produced a cancelled check. Alderman Bassett suggested that legal action be started tomorrow. Alderman Thomas suggested that we get someone to locate Mr. Cunningham. Alderman McAlister noted that the majority of people are not using the Eastside overpass after all the money that was spent on it. He inquired if Mr. Ilschner had run a traffic count to see how many vehicles are using it. Mr. Ilschner stated that it has been averaging 1650-1700 vehicles per day. No comparison count is being run on 7th Street. 91 Item 14b, cont'd. Alderman Adcock mentioned the 45 mph speed limit on Kell Westbound, which is very close to some yards of private homes. Mr. Ilschner stated that he knows of no solution to this problem. Mayor Hill stated that he had received a call from White's at Kell and Lawrence v Road regarding the repair of their drive approach which was torn up during construction of Lawrence. They were promised that it would be put back in condition. Ernest Lillard stated that he would look into it. Alderman Russell commented on the attractive addition of the new security room V at the airport. Alderman Bassett inquired who has the authority, and the method of enforcement of selling alcoholic beverages to teenagers. Chief Harrelson commented on their procedures. Alderman Bassett stated that he knew of an incident where a person under the age of 18 years went into five liquor stores and one convenience store to try to purchase it, and was not turned down at any of the places. The person used the excuse that there was a shortage of cash in the billfold, and did not make the purchase. Alderman Bassett inquired what the funds are used for which we contribute to the hospital ? He stated that he had heard only one side of it, but had been told that on certain equipment only the radiologists were allowed to use it. The City Manager explained that the revenue sharing funds are designated for equipment purchases, but the $80,000 can be used for other purposes. Alderman Bassett felt that staffing privileges should apply to all physicians. Alderman McAlister stated they should probably look at the situation, but it was probably more of a scheduling problem than a restriction. Alderman Thomas would like to receive hospital operating statements. Alderman Bassett stated that he has not heard one word from the B.W.C. Committee, ,; and suggested that it be abolished. Alderman McAlister stated that this group appeared before a PTA board, and the PTA would not even talk to them. Alderman Thomas and others noted that this committee has a limited life span. Alderman Bassett commented about the newspaper article concerning the refusal of CAC to submit to an audit. It is his understanding that our funding is dependent upon an audit being furnished. The Meals-on-Wheels program is the only audit we have required , according to the City Manager, but they have refused a general audit at our expense. Alderman Bassett noted that there is a constant turmoil and confusion over CAC. It has been a very cloudy issue for several years. The City Manager stated that we will not fund CAC until the intents of the Community Council and City Council have been met. Alderman McAlister defended Community Council in their review of these agencies. Alderman Thomas inquired if we had leased the Martin Luther King Center. It was noted that there is still no lease on the head start program area. Bob Haley stated that we have some interested people, but funding is a problem at this time. The City Manager explained that the Citizens Advisory Committee will meet on %January 4 to make final recommendations on the proposed bond election, and this information will be furnished to the Council before the meeting on January 16. Alderman McAlister stated that he would like the City Manager to begin putting together some information on a hospital district. Mr. Fox stated that a consultant has been hired by the hospital , and he does not know what else he could do. Alderman McAlister suggested information from other cities regarding their experience with another taxing agency. The Board of Aldermen adjourned at 11 :05 A.M. PASSED AND APPROVED this .ZL/? day of_ 1979. ATTEST: MAYOR CITY CLERK Wichita County Project RRP A036 (1) Control 8036-3-1 Beverly Street STATE OF TEXAS X DOT No. 275 024Y COUNTY OF TRAVIS X THIS AGREEMENT, made this day of l9 , by and between the State of Texas , acting by and through the Bridge Engineer of the State Department of Highways and Public Transpor- tation, hereinafter called the "State, " Party of the First Part, and the Fort Worth and Denver Railway Company a corporation, hereinafter, whether one or more, called the "company, ' Party of the Second Part, acting by and through and the City of Wichita Falls its ASik, A�a Texas, hereinafter called the "political subdivision, " Party of the Third Part, acting by and through its duly authorized contracting of- ficers . W I T N E S S E T H WHEREAS, Beverly Street crosses the railroad line of the company at 467.2 feet east of Railway Milepost 117, in the City of Wichita Falls, Wichita County, Texas, and the State and the political subdivision propose to install grade crossing warning systems of the type and at the crossing as shown on print marked "Exhibit A, " attached hereto and made a part hereof, and WHEREAS, it has been determined that this work is eligible for Federal-Aid participation and such work is administered by the State, and WHEREAS, the State has approved a program of work which includes this project, and WHEREAS , it is understood that references to the "State" hereinafter apply to obligations and considerations during project construction, and that references to the political subdivision hereinafter apply to con- tinuing obligations and .considerations after completion of the project. Warning Devices Off State System D-5RR Federal l Rev. 1-26-77 A G R E E M E N T NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1 . The company hereby gives to the State and the political sub- divisioin permission to install the grade crossing warning systems and to use the crossing at the intersection of the railroad and street or road as shown on Exhibit "A." 2 . it is agreed that all existing agreements between the company and the political subdivision concerning licenses, permits, leases or easements at this location shall remain in full force and effect. 3 . The permission, given hereby, shall not in any way prevent the company from operating its trains across the land over which permission has been given. It is expressly agreed that no legal right of the company to maintain, use, locate, align, realign and relocate the rail- road' track now located across the premises, and to construct and there- after maintain, use and relocate any additional track or tracks, or other facilities , as it may desire, across said street or road at said inter- section, shall be in anywise affected by the giving of this permission, subject, however, to the provisions of paragraph 8 hereof. In the event of any such changes the company shall restore the street or road to a proper condition for the use of the traveling public to the satisfaction of the political subdivision. 4. The company and the State agree jointly to prepare plans and estimates based upon specifications approved by the company and the State for the proposed grade crossing warning systems. After having been approved in writing by the company, the State, and the political subdivision, said plans, specifications and estimates covering the instal- lation of said warning systems shall be attached hereto marked "Exhibit B" and made a part hereof. No changes in the Exhibit "B" are to be made without written approval of such changes by the company, the State, and the political subdivision . 5 . The company, unless otherwise provided, shall make such changes or alterations in the tracks, communication and signal, pole and wire lines, pipe sewer and drainage or other facilities or buildings located upon the company' s right-of-way, which may be displaced or re- quired by the construction of the project, as may be necessary to main- tain continuous service and conform them to said construction and restore Warning Devices Off Stat6 System D-5RR Federal 2 Rev. 1-26-77 them to former condition for service either prior to, during or following construction of said work, all of which, as far as known to the company, shall be shown on the said plans . The company shall prepare plans and estimates subject to approval by the State, for the adjustment of such facilities . Such plans and estimates shall be attached hereto and made a part of Exhibit "B . " Any known work to be done, not shown on the plans and in the estimates will not be paid for. 6 . Materials required for the installation of the grade crossing warning systems are to be furnished by the company. Said materials are to be of the kind and quality as described or shown on the plans , speci- fications and estimates . The company will furnish to the State a detailed estimate of all items needed in connection with the proposed installation. 7 . The company shall install materials to be furnished by it and shall do other work as required to put such grade crossing warning systems into operation in accordance with Exhibit "B ." 8 . The company shall maintain and operate the grade crossing warning systems as installed and in accordance with the design of operation as shown on Exhibit "B. " No changes are to be made in the design or opera- tion' of said warning systems without the written approval of the State and the political subdivision . In future maintenance painting, the company agrees to retain the painting color combination as accepted at the time of installation, unless otherwise agreed upon in writing by the company and the political subdivision . 9. If the crossing of the street or road and railroad as shown on Exhibits "A" and "B" is ever abandoned, the grade crossing warning sys- tems installed under this contract shall not be removed by the company to any point other than that which might be approved by the political subdivision. 10 . The State agrees to furnish such construction stakes and/or elevations as are required for the proper construction of the project. Any field engineering performed by the company to check or verify the accuracy of any work performed shall be without expense to the State or the political subdivision. 11. The company shall commence the work to be done by it herein within two weeks after receipt of written notice from the State that the work may proceed and shall_ proceed diligently to the conclusion of its obligations herein. Reimbursement will not be made for work under- taken by the company which is performed at the site of the project warning Devices Off State System D-5RR Federal 3 Rev. 1-26-77 prior to the issuance of such work order by the State. This does not apply to the assembly at the railroad stores or loading points of ma- terials which might be used on the project. Such assembly may be under- taken sufficiently in advance to assure prompt delivery but reimbursement for any materials or handling charges will be contingent upon the issuance of a work order by the State to the company. 12 . Reimbursement to the company will be made for work performed and materials furnished, including but not limited to, insurance pre- miums and coverage at the rate and amount set forth in the approved cost estimate attached, in accordance with the provisions of Federal- Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by the Federal Highway Administration on April 25, 1975, and amendments thereto except as modified by the provisions herein. 13 . In the event that construction is not undertaken, or in the absence of a work order being issued by the State to the company, the State and the political subdivision will not be responsible for any expense incident to any cost incurred in connection with any provision of this contract. ' 14 . Railroad and utility company bills . a. The company may submit monthly bills prepared in satis- factory form for work performed in compliance with this agreement provided the cost to be billed exceeds $500 .00 . Upon receipt of said monthly bills, the State will make a payment to the company. The amount of such payment may be up to 90% of the cost of the work per- formed and as covered by said bill. Subsequent to the final audit the State will make final payment to the company for work performed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof. b . In the event that the company does not desire monthly payments, then upon satisfactory completion of the work performed by the company under this agreement and receipt of a statement in proper form, the State shall make payment to the company. The amount of said payment may be up to 90% of the cost of such work. Subsequent to the audit the State will make final payment to the company for work per- formed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof.. 15 . The company shall retain all records for auditing purposes for a period of three years after payment of the final bill . Warning Devices Off State System D-5RR Federal 4 Rev. 1-26-77 16. All provisions concerning the State which are stipulated herein shall automatically cease and terminate upon official comple- tion of the project and payment of the final bill. 17 . The State expects to be reimbursed for its expenditures here- under from funds provided by the United States Government. Such reim- bursement can only be obtained by the State by compliance with the statutes, rules and regulations from time to time enacted and promul- gated by the United States Government and its Federal Highway Adminis- tration . In case such statutes, rules or regulations shall hereafter be altered or amended in such manner as to affect the State ' s right to such reimbursement or funds from which this construction is proposed are not available, the State reserves the right to cancel this agree- ment at any time prior to the actual starting of work at the project site. 18 . Compliance with Title VI of The Civil Rights Act of 1964 . During the performance of this contract, , the company (referred to as the "contractor" in the following paragraphs numbered 1 through 6) , for itself, its assignees and successors in interest, agrees to comply with the 'following six paragraphs except in those instances where work under- taken under this agreement is performed by its own forces . (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of. Commerce relative to nondiscrimination in federally-assisted programs of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations) , which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work per- formed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procure- ments of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination pro- hibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A-II of the Regulations . (3) Solicitations for Subcontract, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor warning Devices Off State System D-5RR Federal 5 Rev. 1-26-77 of the contractor' s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all informa- tion and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions . Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor ' s noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it .or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraphs (1)' through (6) in every subcontract, in- cluding procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurements as the State or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the .interests of the United States . warning Devices Off State System D-5RR Federal 6 Rev. 1-26-77 19. If at any time it is determined that said warning systems are operating excessively due to railroad changes in trackage, circuits or train operation, the company shall, at its expense, promptly take steps to eliminate the excessive operation of the signals . 20. It has been determined that no benefits shall be construed as accruing to the company and no contribution to this project will be re- quired of the company. 21. Also as a part of the project, the company agrees to remove the existing crossing pavement and furnish and install new full depth creosoted heavy timber crossing pavement as thick as the rails and tie plates, between the ends of the ties for a width as shown on said Exhibit A." 22 . it is understood that the State and the political subdivision will not pay for replacement of rails, cross ties, track spikes, tie plates or other material or labor related to the improvement or main- tenance of the railroad tracks at this location. All rail joints within the planking limits shall be welded where practicable . 23 . The company agrees that upon completion of the installation of the crossing pavement, it will assume future maintenance and responsi- bility for providing a smooth crossing. Warning Devices Off State System D-5RR Federal 7 Rev. 1-26-77 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. FORT WORTH AND DENVER RAILWAY COMPANY THE STATE OF TEXAS Certified as being executed for the purpose and effect of acti- B : 61 vating and/or carrying out the (Title) orders, established policies, or work programs heretofore approved ATTEST: and authorized by the State High- (Seal) way and Public Transportation 24/-Z:z , Commission: •Aft&60b@M Secret y for Company By RE : Bridge Engineer Under authority of State Highway e'& and Public Transportation Commission (Title) =TOFORM: Minute Order No. 70104, dated June 20, 1975 APPROVED A RECOMMENDED FOR APPROVAL: Attorneys for Company District Engineer CITY OF WICHITA FALLS Supervising Office Engineer By: (Title) ATTEST: (Seal) (Title) warning Devices Off State System D-5RR PAP 8 Rev. 12-19-75 4_1 STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, dated this -day of 19 by and between the State of Texas , hereinafter called the "State , " Party of the First Part; and the City of County, Texas, acting by and through its dully authorized officers under a Resolution, passed the day of .0 19_, hereinafter called the "City, " Party of the Second Part, made to become effective when fully executed by both parties : W I T N E S S E T H WHEREAS, the City has authorized the installation of highway traffic signals by Resolution, passed on the day of 19 , at the locations shown on EXHIBIT 1, attached hereto and made a part hereof. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows : 1. The State will furnish the necessary funds for the actual construction, prepare plans and specifications , install said highway traffic signals , and supervise construction. AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) 11-75-767 D-18 1-4 2. The City hereby consents to the construction of the highway traffic signals shown on EXHIBIT 1_ by the approval of the location and manner of construction as shown on the plans and described in the specifications. 3. The City will operate and maintain the highway traffic signals upon completion of the installations by the State . 4. The City will pay a-11 powe--- costs for operating the signals. 5. The City will obtain written approval of the State Depart- ment of Highways and Public Transportation before making any changes in the design of operation and timing of the signals or before re- moving any part of the installations . 6 . The City will return any and all parts of said highway traffic signal installations to the State should they be removed by the City for any reasons other than for installation on a State or Federal numbered highway route at a location approved by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signals . 8. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and/or Con-tracts between the City and the State , this Agreement shall take precedence over the other Agreements and/or Contracts. AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) 11-75-767 D-18 2-4 i IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates shown hereinbelow. Executed on behalf of the City this ATTEST: day of , 19 By: City Clerk City Manager THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders , established policies , or work pro- grams heretofore approved and authorized by the State Highway and Public Transportation Commis- sion: Executed on behalf of the State this day of , 19 By : Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: City Attorney District Engineer Assistant Attorney General Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) 11-75-767 D-18 3-4 i Form No. 1074 CITY ATTORNEY'S CERTIFICATE STATE OF TEXAS Q 4 COUNTY OF a I, City Attorney for the City of Texas, do hereby certify that the City Charter of the City of authorizes the City Council to approve the execution of contracts by means of a resolution, and that the attached contract between said City and the State of Texas, dated , approved by Resolution passed and executed by is valid and binding on said City in so far as its approval and execution is concerned, City Attorr,,q City of ' 7 i Form No. 1074 Rev. 7-72 CLERK'S CITY St§=Ubtl CERTIFICATE STATE OF TEXAS COUNTY OF the duly appointed, qualified and acting city clerk of the City of , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an �ax�tt�rxt�e resolution duly passed by the City Council at a meeting held on , A. D. , 19 , at o'clock M. To certify which, witness my hand and seal of the City of Texas, this day of 19 , at Texas. ity sipc oF t9 e ity of Clerk Texas 6 EXHIBIT 1 LOCATIONS) A. Traffic signals located at the intersections of City streets , named below, with the north and south frontage roads of proposed Kell Freeway: 1. Fairway Boulevard 6 . Taft Street 2 . McNiel Avenue 7 . Harrison Street 3 . Lawrence Road 8. Brook Avenue 4 . Grant Street 9 . Holliday Street 5 . Kemp Boulevard 10 . Broad Street B. Traffic signals at locations shown below: 1. Southbound Spur 447 and Austin Street 2 . Southbound Spur 447 and Travis Street 3 . Spur 447 and Scott Street 4 . Spur 447 and Indiana Avenue 5. Austin Street and 18th Street 6 . Indiana Avenue and 13th Street 7. Kell Boulevard and Holliday Street 8. Kell Boulevard and Broad Street C. Advance warning flashing lights mounted in conjunction with traffic signs : 1. Spur 447 , 13th Street exit ramp 2 . Southbound Spur 447 (east of Indiana Avenue) Sketch Attached AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) 11-75-767 D-18 4-4 i AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF ELLIOTT STREET AT KEMP BOULEVARD STATE OF 'TEXAS COUNTY OF WICIIITA This agreement made this day of 19 by and between the Target Stores, a division of Dayton-Hudson, a Minnesota corporation, hereinafter referred to as the "Company", party of the first part, and the City of Wichita Falls, Wichita County, Texas, hereinafter referred to as the "City", party of the second part, acting by and through its duly authorized officers under a resolution passed the day of 19 , WITNESSETH: WHEREAS, Company has requested the City to construct, maintain, and operate a. traffic signal at the intersection of Elliott Street and Kemp Boulevard, a description of which is shown on EXHIBIT 1, attached hereto and made a part hereof, and hereinafter referred to as the 'Intersection", and WIIE1tEAS, Company has made it known to the City that they desire to develop Elliott Street that will generate sufficient traffic to justify the operation of a traffic affi c signaln at the intersection, and WHEREAS, the City has made it known to Company that the City has developed a Transport- ation Plan and a listing of construction priorities that would dictate improvements at other intersections prior to the improvements desired at the intersection thus delaying the desired Company improvement for a period of three to five years, and W11EREAS, the Traffic Engineer, acting for and in behalf of the City Manager of the City, has made it known to Company that the City will construct, maintain, and operate a traffic signal at the intersection, subject to the conditions and provisions stated herein, as provided for in Resolution No. W11E1tEAS, Company has made it known to the City that Company would finance the construc- tion of a traffic signal at the intersection so that Company would be assured of coordinating the commencement of their business operation with an operational traffic signalized intersec- tion necessary to accommodate traffic volumes generated by said business operation. NOW, THEREFORE, in consideration of the permises and of the mutual convenants and agreements of the parties hereto to be by them respectively kept and performed as herein- after set forth, it is agreed as follows: //4 / • -1- i A. Project Authorization Ilie Company has requested and consented to finance the purchase of all traffic signal equipment for the intersection, and the City in constructing, maintaining, and operating the traffic signalized intersection does so at the special instance and request of the Company. B. Definitions The term "traffic signal equipment" as used herein shall constitute: (1) the traffic signal controller - a six phase unit, (2) the traffic signal pole assemblies, (3) the traffic signal head assemblies, lamps, and lenses, (4) traffic signal duit, multi-conductor cable, single conductorwire, (6) det ectionlunits, arms, (5j the con- mast Items of materials and parts installed for the operation of the traffic signal. miscellaneous C. Construction Responsibilities The City will prepare or provide for the plans and specifications, advertise for bids for traffic signal equipment, and provide for the construction. All cost of construction except the cost of traffic signal equipment, will be borne by the City. D. Installation. Maintenance and Operation Responsibilities I'lle Company hereby agrees to reimburse the City for the cost of all traffic signal equipment installed by city at the intersection. The City hereby agrees to purchase necessary traffic signal equipment as shown on "Estimated Cost Sheet" identified as EXHIBIT 2, attached hereto and made a part hereof, and to install, operate, and maintain said equipment. The City will forward to the Company an itemized list and cost of all traffic signal equipment installed at the intersection to support its claim to the Company for reimburse- ment. E. 1'a_yment All request by the City to Company for payment shall be properly certified and submit- ted by the City to Company. The City will maintain a, system of records necessary to sup- port and establish the eligibility of all claims for payment under the terms of this contract. Company shall review and pay to City the total certified cost for traffic signal equip- ment installed within 15 days of receipt of City's billing. F. General It is understood that: I 1. The Company will not assume any implied or explicit control over the operation of the traffic signal by accepting this agreement to finance the purchase of traffic signal equipment for the intersection. 2. The City will retain all ownership privileges of traffic signal equipment purchased under this agreement and will operate and maintain the equipment under the standards and appli- cable laws and codes of the State and City. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Wichita Falls, Texas on the day of , 19 and the Dayton-Hudson Company, Inc. on the `day of 19 City of Wichita. Falls BY Gerald G. Fox City Manager ATTEST: Wilma. J. Thomas City Clerk Approved As to Form: 1I. 13. Hodge, Jr. City Attorney Dayton-Hudson, Company, Inc. ATTEST: IIy Approved As To Form: -3- ► o� � m _ ELLIOTT 1 LXHIbT SIGNAL INSTAL AT ION KE Mi-" e ELL lO T T i SCALE I = 50 I // I COST ESTIMATE Elliot Street - Kemp Blvd. P'i'EM DESCRIPTION UNIT QUANTITY COST TOTAL 1 6 Phase Controller 1 8,650. 8,650.40 2 Detector 6 100. 600.00 3 Signal SA-1 2 255. 510.00 4 Signal SA-2 2 255. '510.00 Signal SA-3 2 290• 580.00 Signal SA-4 2 330. 660.00 7 Signal SA-5 2 185. 370.00 8 Signal Pole 40' mast arm 2 1,800. 3,600.00 8 Signal pole 1a' mast arm 2 750. 1,500.00 10 hole fowida.tions 4 125. SUU.OU 11 2" RM conduit 300' 113. C 339.00 12 1" PVC conduit 900' 53•C 477.00 13 12 CO signal cable 200' 330,M EiG.UO 14 6 CO signal cable 100' 200, h1L0,UO 152 Cols detector cable 1500' 145. MLlt3,UU 16 4 CO signal cable 400' 125. M 50.00 Sub-Total 18,630.00 10`Yc Contingencies 1, g`;,,00 TOTAL $20,515.00 EXHIBIT //4. i r' THE STATE OF TEXAS COUNTY OF WICHITA FIRST AMENDMENT TO CONTRACT This First Amendment to Contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter call "City" , and PPG Industries, Inc. , hereinafter call "PPG" , WITNESSETH: WHEREAS, heretofore City and PPG entered into a contract dated November 29 , 1974 , concerning the immunity from annexation by City of certain property described therein as Subject Property; and, WHEREAS, City and PPG desire to amend such contract. NOW, THEREFORE , City and PPG do hereby agree as follows: Said contract dated November 29 , 1974 , is hereby amended by adding thereto a paragraph 11, which shall read as follows: "ll. City will furnish mire protection service to PPG on Subject Property. " Except insofar as it is amended herein the terms of such contract shall continue in full force and effect. IN WITNESS WHEREOF , the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of 197 CITY OF WICHITA FALLS, TEXAS By Gerald G. Fox City Manager ATTEST: City Clerk PPG Industries, Inc. By: Vice President Attest: Assistant Secretary November 27 , 1978 The J. S. Bridwell Company, a partnership, owned 60o by the Estate of J. S . Bridwell and 40o by the Estate of Margaret B. Bowdle , submits this sealed bid with regard to your NOTICE OF OFFER FOR EXCHANGE OF LAND covering the following three tracts of land owned by the City of Wichita Falls , Texas : Tract 1 : 20 . 94 acres out of the S. Pierce Survey , A-79 , Clay County, Texas , being all that part of the land conveyed to the City of Wichita Falls by Oscar Miller and wife by deed dated February 15 , 1966 , in the S. Pierce Survey , which lies above elevation 930 Ft. M. S .L. Tract 2 : 49 . 39 acres out of Block 37 , Coleman Subdivision of the Brazos County School Lands , and Block 55 , Aaron Castleberry Survey , A-57 , Archer County, Texas , and being a part of the land conveyed to the City of Wichita Falls by J. K. Coleman and wife by deed dated September 22 , 1966 , in said Block 37 and Block 55 which lies above elevation 930 Ft. M.S . L. Tract 3 : 21 . 26 acres out of Block 55 and Block 58 , Aaron Castleberry Survey, A-57 , Archer County , Texas , and being part of the land conveyed to the City of Wichita Falls by J. K. Coleman and wife by deed dated September 22 , 1966 , in said Block 55 and Block 58 which lies above elevation 930 Ft. M.S . L. For good title to the above three tracts of acreage , J. S. Bridwell Company offers good title to the City of Wichita Falls , Texas , of forty (40) acres out of Lots #8 and #9 , Clark and Plumb Subdivision No. 1 , Clay County, Texas , subject to the following reservations : 1. J. S . Bridwell Company reserves unto itself , its heirs and assigns , all the oil , gas , and other minerals under said forty (40) acre tract. 2. Within said forty (40) acre tract, the J. S . Bridwell Company will reserve a two (2) acre tract located out of the Northeast corner of Lot #9 . If this offer is accepted, the City of Wichita falls , Texas will not remove any fences on the forty (40) acres being traded to them until such time as they have built a fence on the East side of the forty (40) acres tract. J. S . BRIDWELL COMPANY By: if G. ins r stee