Loading...
Min 01/02/1979 I 92 Wichita Falls , Texas Memorial Auditorium Building January 2, 1979 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 Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Item 3 Moved by Alderman McAlister that minutes of the meeting held December 19, 1978, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a-7a Moved by Alderman Thomas that Items 4a through 7a on the consent agenda be approved. Motion seconded by Alderman McAlister. Item 4a RESOLUTION NO. 2269 RESOLUTION APPROVING SANITARY SEWER EASEMENT WITH SHEPPARD AIR FORCE BASE FOR SANITARY SEWER FORCE MAIN. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Sanitary Sewer Easement, a copy of which is attached hereto, between the City of Wichita Falls and Sheppard Air Force Base for a Sanitary Sewer Force Main to be installed on Sheppard Air Force property is hereby approved, and the City Manager is authorized to execute same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays: None Item 4b ,/RESOLUTION NO. 2270 RESOLUTION APPROVING CONTRACT WITH INDUSTRIAL FOUNDATION OF THE SOUTH CONCERNING FURNISHING OF WORKER'S COMPENSATION CLAIMS INFORMATION. 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 Industrial Foundation of the South, providing for the furnishing of worker's compensation claims information, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays: None Item 5a Authority was granted to advertise for bids for vector control chemicals. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None 93 ✓Item 5b Authority was granted to advertise for bids for an annual linen supply. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays: None Atem 6a Minutes of the meetings of the following boards were received. a. Board of Electrical Examiners - December 12, 1978 b. Board of Adjustments and Appeals - December 15, 1978 c. Traffic Safety Council - December 6, 1978 d. Planning Board - December 13, 1978 Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None U Item 7a A public hearing on hazardous structures was scheduled for February 6, 1979. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays: None ✓I tem 8a A public hearing was opened on a temporary loan for activities center remodeling. The City Manager explained that before a city can borrow money for public purposes, a public hearing has to be held concerning the proposed loan. The City can borrow money from Parker Square State Bank under our depository agreement for 3 3/4 percent interest on $280,000. If we want to borrow $300,000, then we have authority to negotiate with the bank for the interest rate on the $20,000. No one desired to be heard, and the public hearing was closed. ORDINANCE NO. 3410 ORDINANCE APPROVING TEMPORARY LOAN FROM PARKER SQUARE STATE BANK FOR USE IN REMODELING THE ACTIVITIES CENTER. Moved by Alderman Thomas that Ordinance No. 3410 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None S Item 9a Joe Cadle requested a waiver of building setback requirements on Lot 19, Block 2, Cannon Park Addition. Mr. Cadle stated that the building was constructed by an out of town contractor who did not get a building permit. He admitted that it was his fault for not checking on the contractor. He stated that it was a lack of knowledge of the ordinances in constructing the building where he did. Mayor Hill stated that he could not understand how anyone could build a building without a permit; even an out of town contractor. Mr. Cadle stated that he knew a permit was needed, but he assumed the contractor had obtained one. Alderman Bassett inquired where this street is located. Ernest Lillard stated that a person would almost have to know where Mississippi Street is in order to find it. It is very remote that any substantial development will be made there. Mr. Cadle stated that there are three residences on Mississippi Street, and none on Underwood. ORDINANCE NO. 3411 AN ORDINANCE WAIVING MINIMUM SETBACK LINE AND PUBLIC TRAFFIC VIEW OBSTRUCTION REQUIREMENTS ON A CERTAIN LOT IN THE CANNON PARK ADDITION OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Bassett that Ordinance No. 3411 be passed. 94 j Item 9a, cont'd. Motion seconded by Alderman Russell . Alderman McAlister stated that he is going to vote against the ordinance. Had Mr. Cadle come before this body before building the structure, and we had given him a variance for these particular circumstances, then he sees that as being an acceptable part of the process of granting variances. Since he did not come, by granting a waiver now we essentially penalize those who have gone through the regular process . There are some other structures on this street whose owners did get a permit. He does not see this as a valid thing after the fact. Alderman Bassett mentioned various exceptions which have been requested such as the light at the motel , carports, etc. We have not been consistent. Alderman McAlister stated that the Council changed their whole concept of the ordinance on carports. Alderman Thomas stated that if Mr. Cadle had come to them before the fact, he believed we would have said "No" , and would not have granted the variance. Alderman Smith is fearful of what it will do to our building code, and he will vote against it. The motion failed by the following vote. Ayes : Aldermen Bassett and Russell Nays : Mayor Hill , Aldermen McAlister, Smith, and Thomas v' Item 9b The Board of Aldermen requested that the matter pertaining to waiver of setback requirements for Howard Tullis on Central Freeway and Wolcott Lane be placed on the agenda again. A previous waiver of a fifteen foot setback on both Central Freeway and Wolcott was approved. Mr. Tullis had previously requested a 4 112 foot setback on Wolcott Lane. ffl RDINANCE_NO. 3411 AN ORDINANCE AMENDING ORDINANCE NO. 3398, WAIVING SETBACK REQUIREMENTS ON A CERTAIN LOT IN THE B.B. WOODALL SUBDIVISION OF THE CITY OF WICHITA FALLS, TEXAS. I Moved by Alderman Smith that Ordinance No. 3411 be passed. Motion seconded by Alderman Russell . Discussion was held on this matter and certain similarities between this and Mr. Cadle's request. The motion failed by the following vote. Ayes : Aldermen Russell and Smith Nays: Mayor Hill , Aldermen McAlister, Bassett, and Thomas ,/Item 9c A proposed ordinance was presented increasing water deposits from $10.00 to $20.00 for residential customers. ✓ORDINANCE NO. 3411 ORDINANCE AMENDING CODE OF ORDINANCE SECTION 32-21 WHICH REQUIRES A DEPOSIT FOR ALL PERSONS DESIRING TO USE CITY WATER. Moved by Alderman Thomas that Ordinance No. 3411 be passed. Motion seconded by Alderman Bassett, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None v Item 9d A proposed ordinance was presented amending the sign ordinance. UORDINANCE NO. 3412 ORDINANCE AMENDING SUBSECTION (i ) OF SECTION 2 OF ORDINANCE NO. 3263, WHICH REGULATED SIGNS, TO CLARIFY USE OF ON-PREMISE SIGNS. 95 Item 9d, cont'd. Moved by Alderman McAlister that Ordinance No. 3412 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None Item 1 Oa A proposed resolution was presented extending the lease between the City and Wichita County Medical Society for space in the Health Center. V RESOLUTION NO. 2271 RESOLUTION APPROVING FIRST EXTENSION OF LEASE BETWEEN THE CITY OF WICHITA FALLS AND WICHITA COUNTY MEDICAL SOCIETY OF SPACE IN THE PUBLIC HEALTH CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain First Extension of Lease between the City of Wichita Falls and Wichita County Medical Society, whereby the City of Wichita Falls extends the lease to Wichita County Medical Society of certain space and facilities at Wichita City- County Public Health Center for a period of five years , beginning January 1 , 1979, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Bassett that Resolution No. 2271 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays: None V`I tem 12a Permission was requested to advertise for bids on grazing leases at Lakes Kickapoo and Arrowhead, and to combine the present west and south side leases at Lake Kickapoo into one lease, for a total of 1523 acres . Moved by Alderman Thomas that authority be granted to advertise for bids at Lake Kickapoo, and to negotiate with the present lessees at Lake Arrowhead for a fair price; if this is not mutually agreeable, then to advertise for bids on them. Motion seconded by Alderman Smith, and carried unanimously. v' Item 13a Moved by Alderman Thomas that Walt Berry be reappointed to the City-County Joint Airport Zoning Board for a two-year term to expire December 31 , 1980. Motion seconded by Alderman Russell , and carried unanimously. /Item 13b Appointment of a council representative to the Traffic Safety Council was requested. Mayor Hill named Alderman Smith to this board. Moved by Alderman Thomas that the appointment of Alderman Smith be confirmed. Motion seconded by Alderman Bassett, and carried unanimously. Mayor Hill appointed Alderman McAlister and Bassett to serve on a committee with the General Hospital to study the feasibility of a hospital district. The Board of Aldermen recessed at 9:55, and resumed the meeting at 10:05. s 96 i Item 13c A report was presented on contract water usage study. The City Manager explained that Electra, Windthorst, Friberg-Cooper Water Supply, and Red River Authority at Lake Arrowhead have all requested water. Burkburnett and Archer County Municipal Utility District have requested additional water. A group of cities have employed a consultant. Gary Bean, City Manager in Burkburnett, stated that February 1 is the deadline for the consultant, but hopes they will have a report to the Council before that time. Gene Conrad appeared as a citizen of Wichita Falls requesting that the City not sell any more than 20 percent of the available water. Ten percent would be better. Alderman Thomas felt that other cities should not be thinking about extra allocations when we are facing a decreasing water supply. Alderman Smith felt that we should tie up the Ringold site and let other cities join with us in this effort. i Moved by Alderman Smith that we postpone making a decision until we receive the report from the consultant. Motion seconded by Alderman Thomas , and carried unanimously. V�fItem 13e Discussion was held on agreements with Wichita, Archer, and Clay Counties for Jaws of Life Service. The City Manager stated that he had only heard from Archer County, but that they did not want to be held responsible for worker's compensation. Alderman Thomas stated that he did not think that we would want to allow this deletion. If we are doing this service at no cost to anyone else, then we should be held harmless on this. Alderman Bassett stated that the thinking of these county officials is j totally irresponsible. It was agreed that the wording of the contract would not be changed. ✓RESOLUTION NO. 2272 I RESOLUTION APPROVING CONTRACT WITH ARCHER COUNTY, TEXAS, PROVIDING FOR FURNISHING OF EMERGENCY RESCUE EQUIPMENT OUTSIDE THE CITY LIMITS. 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 the County of Archer, Texas, whereby the City would provide certain emergency rescue equipment, including the Jaws of Life, within certain parts of Archer County, 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. 2272 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None ✓RESOLUTION NO. 2273 RESOLUTION APPROVING CONTRACT WITH WICHITA COUNTY FOR FURNISHING EMERGENCY RESCUE EQUIPMENT OUTSIDE THE CITY LIMITS. 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 the County of Wichita, whereby the City would furnish emergency rescue equipment, including the Jaws of Life, outside the city limits of Wichita Falls, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2273 be passed. Motion seconded by Alderman Bassett, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None 97 Item 13e, cont'd. ,RESOLUTION NO. 2274 RESOLUTION APPROVING CONTRACT WITH CLAY COUNTY, TEXAS, FOR FURNISHING EMERGENCY RESCUE EQUIPMENT OUTSIDE THE CITY LIMITS. 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 the County of Clay, Texas , whereby the City will furnish certain emergency rescue equipment, including the Jaws of Life, within certain parts of Clay County, Texas , 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. 2274 be passed. Motion seconded by Alderman Bassett, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas Nays : None Item 13d V, Alderman Thomas noted that City Manager Gerald Fox will have been City Manager for ten years on February 1 , 1979, and that he has done a superb job. Moved by Alderman Thomas that February 1 be designated as Jerry Fox Day in Wichita Falls. Motion seconded by Alderman Russell , and carried unanimously. Mayor Hill inquired concerning a complaint from Lloyd Sutton on a drainage ditch on Manchester Street. Ernest Lillard explained that it will be cleaned out. / Mayor Hill inquired concerning a work session on sidewalks. The City Manager stated that they are preparing to also discuss alleys and park dedication for subdivisions in the same work session, and he would be in touch with them. Mayor Hill also desired a work session on zero base budgeting, commenting on the `✓ ineffectiveness of it. Wichita Falls and Garland are the only cities in Texas using it. The Board of Aldermen adjourned at 11 :00 A.M. PASSED AND APPROVED this /�V�day of 1979. MA OR ATTEST: 'A& CITY CLERK - s DEPARTMENT OF THE AIR FORCE EASEMENT FOR RIGHT OF WAY SEWER (PIPE LINE) ON_ SHEPPARD AIR FORCE BASE TEXAS - -- ---------------- 3 ------------------------------------------------------------------------------- THE SECRETARY OF THE AIR FORCE, under and by virtue of the authority vested in him by Title 10, United States Code, Section 2669, having found that the granting of this easement will be in the public interest and will not substantially injure the interest of the United States in the property affected thereby, hereby grants to the City of Wichita Falls, a Public agency and corporate of the State of Texas hereinafter designated as the grantee,for a period not exceeding twenty five ( 25 ) years from the date hereof, an easement fora right-of-way for the construction, installation, operation, maintenance and repair of a 8-inch sewer line. over, across, in and upon land of the United States at the location shown in red on Exhibit 11A" attached hereto and made a part hereof,and more particularly described as follows: Beginning at the most southerly southwest property corner of Sheppard Air Force Base whose coordinates in the Texas Plane Coordinate System - North Central Zone are Y (834,436.72) and X (12694,039.54) ; Thence North 22°53'13" West 10.91 feet along the West fence line of Sheppard Air Force Base to the place of beginning of a centerline of a 20 foot wide sanitary sewer easement; Thence South 89*1615511 East 831.70 feet; Thence North 22°50'51" East 270.54 feet, Thence North 00*88105" East 340.00 feet; Thence North 32"53105" East 484.97 feet; Thence North 07°45'05" East 307.06 feet; Thence North 21016155" West 115.88 feet to an existing sanitary sewer manhole. THIS EASEMENT is granted subject to the following conditions: led-S�Eee--d-ferararded-bp thcVrantec to, ENO f09M 1 AU9 13 1361 a PREVIOUS EDITIONS MAY BE USED. (EM 40 6-1-8 40) 16-73639-6 'Ihc us,:. or dis;3osul of said land or any part thereof by the United States, or it may be terminated by the Secretary of the Air Force for failure, neglect, or reftwal by the grantee fully and promptly to comply with any and all of the conditions of this grant, or for nonuse, or for abandonment. 12. Upon the expiration or termination of this grant, the grantee shall, without expense to the United States, and within such time as the Secretary of the Air Force may indicate, remove the said line from said land and restore the premises hereby authorized to be used and occupied to a condition satisfactory to the said officer. In the event the grantee shall fail, neglect, or refuse to remove the said line and so restore the premises, the United States shall have the option either to take over the said line as the property of the United States, without compensation therefor, or to remove the said line and perform the restoration work as aforesaid at the expense of the grantee, and in no event shall the grantee have any claim for damages against the United States or its officers or agents, on account of the taking over of said line or on account of its removal. 13. The conditions of this instrument shall extend to and be binding upon and shall inure to the benefit of the heirs, representatives, successors,and assigns of the grantee. 14. That it is understood that this instrument is effective only insofar as the rights of the United States in the said property are concerned; and that the grantee shall obtain such permission as may be necessary on account of any other existing rights. 15. That the City of Wichita Falls, and its appurtenant areas and facilities will be operated in a nondiscriminatory manner to the end that no person shall, on the grounds of race, color, religion, sex, age, or national origin, be excluded from using the facilities or obtaining the services provided thereon or otherwise be subjected to discrimination under any program or activities provided thereon. 16. That the grantee will be required to maintain the easement area similar to the surrounding terrain and may not construct fences or other obstructions that will detract from the aesthetic conditions of the surrounding area or interfere with mowing of the easement area. 17. That the grantee will not at any time overload the base sewage plant with waste water transported through said line. 18. That the quality of waste water entering the base plant through said line will be in compliance with the NPDES (National Pollutant Discharge Elimination System) permit as issued by the Environmental Protection Agency. 19. That this easement is granted subject to the grantee obtaining written approval for operation of said line from the Environmental Protection Agency. This easement is not subject to Title 10, United States Code,Section 2662. -dip6otiow-. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Air Force this day of ,19 3 10-73039-5 U.S.BOY[NNNINT PRINTING OFFICE 20. Charges for treatment of waste water at the base treatment plant will be computed by the Installation Commander and such charges will be credited by the city on the installation's water bill. 21. That the grantee will continue active negotiations with the base for connection of the base's sewer to the proposed city's treatment plant. 22. That this easement may be terminated by the Secretary of the Air Force upon completion of the city's new sewage treatment plant. "Prior to execution of this easement, Condition 1 was deleted, and Conditions 15, 16, 17, 18, 19, 20, 21, and 22 were added." This easement is also executed by the grantee this day of 19 THE CITY OF WICHITA FALLS BY: (TITLE) C E R T I F I C A T E I, , certify that I am the of the municipal corporation named as grantee herin, that who signed this easement on behalf of the City of Wichita Falls, Texas,- was then of said municipal corporation; that said easement was duly signed for and in behalf of the City of Wichita Falls, Texas, by authority of its governing body and is within the scope of its corporate powers. (SEAL) 4 3„S0,o> oOO N ....�, f. CD 41 a (, ko eki co 40 1 ,I • +saw os • ♦ice i ♦ • °♦°♦ ,� �I46 � �� �� • °•• • ° ee��� tea_ � ; . 14 '^ • ♦ Aw •log'may+., �, •- : • ® o Z too ik AIr 10 ® ' top o ,LeTO10 '100 Alt \ J s �y�l r o• � ter' �,� � 1 � F r THE STATE OF TEXAS COUNTY OF WICHITA WHEREAS, the City Council of the City of Wichita Falls, Texas authorized establishment of a self-administered, self-insured plan to meet its statutory responsibility under the Worker's Compensation Act; and, WHEREAS, the City of Wichita Falls desires to reduce the cost of its self-insurance plan by screening its employee applicants through the use of essential information concerning worker's compensation claims and lawsuits involving the employee applicants; and, WHEREAS, the Industrial Foundation of the South, a non-profit organization, keeps current records of worker's compensation claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi , New Mexico, and Oklahoma, and in Federal Courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri ; and, WHEREAS, these current records cover more than 400,000 persons and are continuing to grow in coverage at a rate of 4,000 to 5,000 records per month; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Wichita Falls, acting herein by and through its duly authorized City Manager, Gerald G. Fox, hereinafter called "City," and Industrial Foundation of the South, a non-profit organization with its general office located at P. 0. Box 1457, Gretna, Louisiana 70053, acting herein by and through its duly authorized President, H. J. Robinson, hereinafter called "I.F.S. ," in consideration of the terms, mutual covenants and conditions herein contained, do hereby agree as follows : I. That for and in consideration of the sum of Nineteen Hundred Eighty Dollars ($1 ,980) to be paid to I.F.S. on or before the effective date of the contract, I .F.S. covenants and agrees: A. That it shall faithfully maintain accurate records of worker's compensation claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi , New Mexico, and Oklahoma, and in the federal courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri , and covering at least 400,000 persons; B. That I.F.S. shall furnish to the City from such records of employee termination reports and employee injury reports pertaining to each person who is a City employee on the effective date of this contract; C. That I .F.S. shall furnish to City from such records, at City's inquiry, employee termination reports and employee injury reports pertaining to each person who is an applicant for City employment during the term of this agreement. It is understood and agreed that if the number of inquiries pertaining to applicants for City employment exceeds six hundred (600) in total number, City shall pay to I.F.S. the amount of Three Dollars and Thirty Cents ($3.30) for each additional inquiry. D. That the employee termination reports furnished to City shall include, but not be limited to the following information: 1 . Employee's name; 2. Employee's social security number (if possible) 3. Date of employment; 4. Date of termination: 5. Nature and date of employee's injuries (if any) ; and 6. Whether employer would or would not rehire the employee (if available) ; E. That the employee injury reports furnished to City shall include, but not be limited to the following information: 1 . Plaintiff's name; 2. Plaintiff's social security number (if possible) ; 3. Insurance carrier or employer; 4. Injury or disability alleged or sustained; -2- 5. Plaintiff's and defendant's attorneys; 6. Filing date of case; 7. Case number; 8. County or parish wherein case was filed; and 9. Disposition or settlement of the case (if available); F. That it is estimated that the number of persons covered by I. F.S. records will increase at a rate of 4,000 to 5,000 per month during the term of this agreement; and that as such coverage increases, additional information received by I.F.S. concerning City employees and applicants for City employment shall be made available upon request to City; G. That at its sole expense, I.F.S. shall furnish to City a WATS telephone line which will enable City to call I.F.S. by direct dialing at no cost to City for the purpose of obtaining the reports described hereinabove; and that said reports will be furnished to City within a matter of seconds while the City remains on the telephone, with the exception of communication problems beyond the control of I.F.S. II. The term of this contract and agreement shall be for a period of one (1 ) year beginning on the 1st day of February, 1979, and ending on the 31st day of January, 1980. III. This contract and agreement may be terminated by either party upon at least thirty (30) days written notice. Such notice shall be sufficient if mailed to the other party's last known address. IV. In the event this contract and agreement is terminated for any reason before the 31st day of January, 1980, I.F.S. shall refund to City a percent of the total consideration paid to I.F.S. as provided in Paragraph I hereof, said percent to be calculated by determining the number of days from the date of termination to January 31 , 1980, and dividing said number by the number of days from February 1 , 1979, to January 31 , 1980. -3- V. I .F.S. shall not act as an agent, representative, servant or employee of the City of Wichita Falls as to all rights and privileges granted hereunder; that I.F.S. shall have exclusive control of and the exclusive right to control the details of its operations hereunder and shall be solely responsible for the acts and omissions of its members, officers, agents, representatives, servants , employees, contractors and subcontractors; that the doctrine of respondent superior shall not apply as between City and I.F.S. , its members, officers, agents, representatives, employees, contractors or subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and I .F.S. , its members, officers, agents, representatives, employees, contractors or subcontractors. VI. I.F.S. covenants and agrees to, and does hereby indemnify, hold harmless and defend City, its officers, agents, representatives and employees, from and against any and all claims or suits for damages or injuries to persons (including death) or damages to property, or whatsoever kind or character, whether real or asserted, arising out of, or in connection with the execution, performance or attempted performance of this contract and agreement but I .F.S. does not indemnify the City against a suit, loss or damages arising as a result of the City's negligence. I .F.S. warrants that all information when furnished to City by I .F.S. is accurate and up to date, and I.F.S. hereby covenants and agrees to indemnify and defend the City, its officers, agents, and employees from and against any and all claims or suits for damages or injuries arising out of or in connection with furnishing the City with inaccurate or outdated information; and I. F.S. further agrees to indemnify and make whole the City for any and all damages sustained by City as a result of or in connection with furnishing the City with inaccurate or outdated information. -4- VII. If I.F.S. , as a charitable or a non-profit organization, association, corporation, entity or otherwise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for claims or suits for damages, I.F.S. hereby expressly waives its rights to plead defensively such immunity or exemption as against City. VIII. I.F.S. shall comply with all laws, federal , state and local including all ordinances , regulations and requirements of the City of Wichita Falls. It is agreed and understood that if City calls the attention of I. F.S. to any such violation on the part of I.F.S. , or any member, officer, agent, representative, employee, contractor, or sub- contractor, then I.F.S. shall immediately desist from and correct such violation. IX. I.F.S. shall not assign this agreement without prior written consent of the City, and any attempted assignment without such prior written consent of the City shall be void. X. In the event I.F.S. fails to comply with or breaches any of the terms, conditions and covenants of this agreement, or for any other reason deemed necessary by the City Manager or his duly authorized representative, City shall have the right to declare this agreement terminated without written notice to I.F.S. , but shall forthwith advise I.F.S. in writing of such election to terminate. U. I.F.S. covenants and agrees that should any action whether real or asserted, at law or in equity, arise out of the terms of this agreement between the parties hereto, venue for said action shall lie in Wichita County, Texas. -5- XII. I.F.S. and City mutually covenant and agree that this writing constitutes the sole and only agreement between I.F.S. and City pertaining to the services to be performed by I.F.S. . Any and all previous agree- ments, whether oral or in writing, between said parties pertaining to such services are hereby terminated and cancelled and declared to be of no further force and effect. No prior or contemporaneous written or oral agreement of any nature exists to alter or modify the terms of this agreement. EXECUTED at Wichita Falls, Wichita County, Texas, in multiple originals , this day of , A.D. 1979. CITY OF WICHITA FALLS By City Manager ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney INDUSTRIAL FOUNDATION OF THE SOUTH By re d n -6- A)' STATE OF TEXAS s COUNTY OF WICHI` A This contract made and entered into by and between the City of Wichita Falls , Texas , hereinafter called City, and the i County of Archer, Texas, hereinafter called County, under the authority of the Inte.rlocal Cooperation Act, Article 441.3 (32c) of the Revised Civil Statutes of Texas, WITNESSETH: WHEREAS , Cii--y owns certain emergency rescue equipment, including an apparatus known as the "Jaws of Life" which is primarily used for extricating persons from wrecked motor vehicles , and the County desires that such emergency rescue equipment and its operators be made available for use in Archer County . NOW, THEREFORE , the parties hereto do hereby agree as follows : 1. City agi:ees •to dispatch its emergency rescue equipment, including the "Jaws of Life" , together with personnel trained in its usage , and otherwise trained in emery^ncy rescue, to i locations in Ar_cht,r County upon the following terms and conditions., 2. This agreement shall be in full force and effect for one year, beginning January 1 , 1979 , and ending on December 31, 1979 . 3. The Citv aclrees to furnish such emergency rescue equipment and personnel on all requests made therefor to the fire alarm room of the City to points in Archer County, subject to the following limitation relating to area and emergency j conditions .- The primary area of responsihi_l.ity shall be that area within the approximate ten miles boundary from Wichita Falls city limits. The Fire Chief or his represenL-aL.i_ve shall have ' the discretion of answering requests for such equipment outside of this primary area of responsibility, if. , in his judgment, such response would not be detrimental to providing adequate protection for lives within the city limits of City. / 3d f 4 . In any situation in which such equipment is being used within the corporate limits of City, or at any time when the Fire Chief of City determines that an emergency condition exists within the City, then such equipment sliall not be sent outside the corporate limits until such time as such use or emergency condition ceases. In such cases, the judgment of the Fire Chief shall be final. 5. County shall be responsible for any civil liability which arises out of the furnishing of the services provided for herein, including, but not limited to, liability for personal injury, property damage and worker ' s compensation. The parties hereto have caused this contract to be executed by their duly authorized officers on this tree day of _---.__--' 197 i I CITY OF WICIIITA FULLS , TEXAS- By: �- } -1,Iana g 4— ATTEST: City Clerk COUNTY OF ARCHER, TEXAS By: County .judge ATTEST: County Clerk