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Min 08/07/1979 253 Wichita Falls, Texas Memorial Auditorium Building August 7, 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 Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock 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 Israel Silber, House of Jacob Synagogue. Item 3 Moved by Alderman Hampton that minutes of the meeting held July 31 , 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 9b Moved by Alderman Thomas that Items 4a through 9b on the consent agenda be approved. Motion seconded by Alderman Smith. Item 4a ORDINANCE NO. 3515 AN ORDINANCE RELEASING AND ABANDONING A CERTAIN UTILITY EASEMENT SITUATED IN LOT 2, PAINTER SUBDIVISION. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 4b ORDINANCE NO. 3516 AN ORDINANCE RELEASING AND ABANDONING A CERTAIN UTILITY EASEMENT SITUATED BETWEEN LOT 5 AND LOT 6, BLOCK 56, FOUNTAIN PARK, SECTION 7-D. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 4c ORDINANCE NO. 3517 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS, AND EXTENDING CONTROL OF RENT. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None 254 Item 5a RESOLUTION NO. 2377 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE BETWEEN THE CITY OF WICHITA FALLS AND FIRST STEP OF WICHITA FALLS, INC. , A NON-PROFIT AGENCY, FOR TWO BUILDINGS AT 1307 4TH STREET, AND ONE BUILDING AND STRUCTURE AT 1313 4TH STREET, AND AUTHORIZING THE SUM OF $1 ,000 OF 1978-79 COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS FOR REHABILITATION OF THOSE BUILDINGS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, Certain amended lease, a copy of which is attached hereto, for leasing two buildings at 1307 4th Street, Lot 4, Block 240 of the Bean and Stone Subdivision to the Original Townsite of Wichita Falls, Texas, and a building and structure at 1313 4th Street, Lot 7, Block 240 of the Bean and Stone Subdivision to the Original Townsite of Wichita Falls, Texas, by the City of Wichita Falls to First Step of Wichita Falls, Inc. , and that the sum of $1 ,000 of 1978-79 Community Development Block Grant contingency funds for rehabilitation of those buildings, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5b RESOLUTION NO. 2378 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR THE 1976-1977 RECONSTRUCTION PAVING PROGRAM AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the 1977 Community Development Paving Program, and, WHEREAS, such properties have been appraised by an appraiser employed by the City of Wichita Falls and the amounts of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and properties to be purchased by Warranty Deed are as follows: 1976-77 Reconstruction Paving Program 1218 square feet out of Lot 14, Block 5 Vista Heights Addition. 480 square feet out of Lots 12 & 13, Block 5, Vista Heights Addition. Total values approved in this resolution------------------------$1 ,570.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed such tracts of land as are shown on the project right-of-way map. The authorized price to be paid for such tracts are the values as determined from the appraisals made by the real estate appraiser employed by the City of Wichita Falls. Section No. 3 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. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None 255 i Item 6a j RESOLUTION NO. 2379 i RESOLUTION AWARDING CONTRACT FOR THE 1979 SEAL COAT PROGRAM TO DIRCON CORPORATION. WHEREAS, the City of Wichita Falls has advertised for bids for performing the 1979 Seal Coat Program; and, WHEREAS, two bids were received, and it is found that the bid of Dircon Corporation is the low bid and is acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Dircon Corporation is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Dircon Corporation in the amount of $100,000.00 for the performance of the 1979 Seal Coat Program. I Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None j Item 7a Authority was granted to advertise for bids for bleachers for various city parks. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7b Authority was granted to advertise for bids for reconstruction of fences and gates in Rosemont Cemetery. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Adcock Nays: None Item 7c r ORDINANCE NO. 3518 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1979 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICA- TIONS PREPARED BY THE CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None -'Item 8 Minutes of the meetings of the following boards and commissions were received. a. Planning Board - July 11 , 1979 b. Design Review Commission - July 19, 1979 c. Task Force on Reconstruction and Redevelopment - July 12 and 26, 1979 d. Arts Commission - July 17, 1979 e. Park Board - July 31 , 1979 f. Mayor's Commission on Status of Women - June 7, 1979 g. Board of Electrical Examiners - June 26 and July 10, 1979 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 9a A public hearing on hazardous structures was set for September 4, 1979. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None 256 v/ Item 9b . Tax Adjustments Numbers 695 through 710 were approved in a total amount of $538.94. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item l0a Charles Barnes, a Street Department employee, was recognized as Employee of the Month for August. v Item 10b Helen Drinko, Rt. 2, Box 352, Rathgeber Road, requested water extension outside the city limits. She also presented a petition to the Mayor. She stated that there are water mains on Deer Creek and Windthorst Road. They will be willing to pay for the water if the City will pipe it out there. Most people have 1000 gallon water tanks. She stated there is one good well out there. The rest of the water is salty. The City Manager explained that as far as individual connections are concerned, we are prohibited from extending water outside the city limits unless we have to extend them to serve people who are in the city limits. The City Manager stated that she could address a written request for annexation to the Planning Department for consideration in our next program. There is a pro rata charge for water or sewer connections. Alderman Thomas suggested that they make application for annexation. They could also form their own water district, but it would probably be much more expensive. The City Manager stated that they can guarantee that water would be available to them under the same policies as applied to other city residents. They would have to pay the pro rata charges. Mrs. Drinko explained that she thought there were probably 20-30 families living out there. She was directed to get in touch with Mr. McKinney regarding information on estimated tax rates for that area. Item 10c John Gavin appeared for Goals for Wichita Falls Committee, requesting funding support. He stated that they have requested incorporation through the State of Texas to maintain a degree of disassociation with anything else in the City, although they realize much of the input will come from the city staff. John Lewis has been secured as Director of the Goals Committee. They have a tentative budget in the neighborhood of $80,000. They are requesting $25,000 from the BCI , $30,000 from the general public, and $25,000 from the City of Wichita Falls to fund them for one year. They are not asking for commitment beyond one year. Lubbock has had a Goals program since one year before the tornado occured there. He also cited Big Spring, Corpus Christi , and Colorado Springs as also having Goals programs. He hopes our program will be more successful than in Dallas because they plan to be specific. He anticipates a two-year program. Alderman Traywick noted that the City would be involved in it if they contribute money. Mr. Gavin agreed that they would be more heavily involved than any other entity. They plan to have the Mayor and City Manager as members of an advisory group. The Chairman of the Citizens Advisory Committee has been asked to be a member of the Goals Committee in liason with the capital improvements program. He does not believe there will be any conflict with the Reconstruction and Redevelopment Task Force or the Citizens Advisory Committee. The City Manager pointed out that the Citizens Advisory Committee is more narrowly defined than the Goals for Wichita Falls Committee would be. Mayor Hill asked if we would be setting a precedent here? The City Manager stated that this is not any different from the Community Council , First Step, Inc. , Community Action Corporation, etc. Mr. Gavin stated that they are now operating on funds from the BCI. Alderman Traywick inquired when they will be soliciting money from the general public? Mr. Gavin stated that the bulk of the money which they need will be coming in the last part of the year. Alderman Traywick also inquired if they would treat something like land use controls? Mr. Gavin stated that the Council will already have done something on this before they could act on it. Alderman Russell felt there would be no need for them to be a City Commission after they are incorporated. City Attorney H. P. Hodge, Jr. stated that the organization of the Commission is such that it is unusual . He is not questioning the power of the 257 i i Item 10c, cont'd. Board of Aldermen to devote city funds to public purposes. It is the structure of the Commission which is unprecedented. They might want to cut the "umbilical cord" when the organization is set up. Chief Accounting Officer Gerald Carlson stated that if it is a City commission, the funds should come into the City treasury i and be disbursed. The City Manager stated that after they are incorporated then perhaps the City should repeal that resolution. Moved by Alderman Thomas that we commit ourselves for $25,000 for one year's support for the Goals for Wichita Falls Commission. Motion seconded by Alderman Adcock, and carried unanimously. Item 10d Woody Gossom was recognized as a past chairman of the Traffic Safety Council . Mayor Hill presented him with a plaque. Item lla Consideration was given to disbursement of disaster relief funds received by the City since the tornado. Alderman Russell stated that the Interfaith Disaster Service work has been remarkable; however, she wishes the Council would look at another alternative which she believes would be equally worthy. She feels it would be appropriate for a portion of this almost $39,000 to be spent for the Goals for Wichita Falls Committee. Moved by Alderman Russell that we give $25,000 to the Goals Committee, and the remainder to Interfaith Disaster Services. Motion seconded by Alderman Thomas . Mayor Hill stated that many of the people who gave money stated that they did not want the money to go to certain organizations. They wanted it to go directly to disaster victims. If the Goals of Wichita Falls is a worthy committee, then they should have the courage to give it to them. He further stated that this money was not sent to save tax dollars. It was sent for the victims. Alderman Hampton stated that he resented the inference to saving our own tax dollars. Alderman Thomas stated that no one came to him saying they did not want it spent certain ways. He feels this was given to the City of Wichita Falls. Alderman Traywick stated that this money was directed into a disaster relief fund, and feels it should be used for that purpose. He feels the Council should support the Goals for Wichita Falls with other funds. Alderman Adcock stated that it seems that possibly some of the money which came in had letters with it. If they had in mind helping tornado victims, then that is exactly where the money should go. The City Manager stated that some letters indicated it was for some needy person, and some did not specify. He further stated that the numbers of individuals who donated were greater, but the greater dollar amount came from businesses. Mayor Hill stated that the Mayor of New York asked him what he needed, and he told him money was always useful . Alderman Hampton stated that the man who raised the money in New York wanted it used for the good of the city. Alderman Adcock stated that he felt the money was sent to the City of Wichita Falls to help tornado victims, and it was sent to the City because they did not know where else to send it. Bruce Weaver, President of Interfaith Disaster Services, stated that this organization is made up of church people in Wichita Falls, plus other agencies who have worked with them in setting up this structure. They are trying to give money, support, encouragement, and counseling to disaster victims. When they get a request from a needy person they go to them. When they get a volunteer working with them, they discover a whole series of disaster related problems. He stated that most of their support has gone to non-church members. They are helping either church or non-church members as a tornado victim only because they have a need. They have received $225,000. About half of that has come from church bodies. He stated that there will be needs six months after the tornado that were not previously identified. 258 Item lla, cont'd. The motion failed by the following vote. Ayes: Aldermen Hampton, Russell , and Thomas Nays: Mayor Hill , Aldermen Traywick, Smith, and Adcock Moved by Alderman Thomas that the entire $38,475.76 in the disaster relief fund be given to Interfaith Disaster Services, Inc. Motion seconded by Alderman Russell , and carried unanimously. ORDINANCE NO. 3519 AN ORDINANCE MAKING AN APPROPRIATION FROM THE DISASTER RELIEF TRUST FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 3519 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Items llb and 14b relating to the Activity Center were postponed. Item llc A proposed appropriation ordinance was presented in the amount of $303,000 for the Activity Center. The Chief Accounting Officer will borrow that amount from our depository bank as provided for in the contract. The Board of Aldermen has previously authorized the borrowing of these funds . ORDINANCE NO. 3520 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No. 3520 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Adcock Nays: None Item 12a Discussion was held on a request for waiver of ordinance regarding size of a proposed sign to be installed at the Northeast corner of Midwestern Parkway and Cedar Elm (Breault Real Estate) . Ernest Lillard explained that this request is for a spectacular sign. They have sufficient room to place this sign behind the 25-foot building limit line. A waiver here would open the door for billboard type waiver requests. Moved by Alderman Smith that the request for waiver be denied. Motion seconded by Alderman Traywick, and carried unanimously. . Item 12b Discussion was held on a proposed ordinance regulating pellet guns and B-B guns. ORDINANCE NO. 3521 ORDINANCE REGULATING THE SHOOTING OR DISCHARGING OF ANY AIR RIFLE OR AIR PISTOL WITHIN THE CITY LIMITS. Moved by Alderman Traywick that Ordinance No. 3521 be passed, eliminating all reference to B-B guns and springs. 259 i i Item 12b, cont'd. Motion seconded by Alderman Adcock. Alderman Thomas stated that there are adequate laws on the books today to take care of malicious mischief, and he feels this is an unnecessary encroachment on the children in our community. He feels there is no call for this. Alderman Traywick stated that the more serious side to the complaint he received was that he was afraid his small daughters would be injured. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, and Adcock Nays : Aldermen Hampton and Thomas Item 13a A proposed resolution was presented approving a residential housing rehabilitation program. City Manager Gerald Fox and Director of Planning Roger McKinney explained that this program is designed for low income homeowners, as opposed to renters. This program is a requirement of the Department of Housing and Urban Development. RESOLUTION NO. 2380 A RESOLUTION APPROVING A REHABILITATION ASSISTANCE PROGRAM UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the City of Wichita Falls, Texas has received funding under the Community Development Act of 1974, as amended; and, WHEREAS, the approved application for such funding includes the establish- ment and operation of a residential rehabilitation program, and; WHEREAS, the City Manager was authorized by the Board of Aldermen to execute a contract for the establishment of a residential housing rehabilitation program; and, WHEREAS, the Wichita Falls Rehabilitation Assistance Program, prepared by the Mid America Consulting Service, has been presented to the Board of Aldermen, City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: The Rehabilitation Assistance Program is hereby endorsed and approved. Moved by Alderman Smith that Resolution No. 2380 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 13b A proposed resolution was presented authorizing tax assessing and collection contract with Wichita Falls Independent School District. RESOLUTION NO. 2381 RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS INDEPENDENT SCHOOL DISTRICT PROVIDING FOR ASSESSING AND COLLECTING SCHOOL TAXES BY THE CITY TAX ASSESSOR AND COLLECTOR. 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 Wichita Falls Independent School District, whereby the 260 Item 13b, cont'd. City Tax Assessor and Collector shall assess and collect taxes for the School District, 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. 2381 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 14a Bids were considered on audit of various grants in the Transit System, to comply with Urban Mass Transportation requirements. Gerald Carlson, Chief Accounting Officer, recommended that the low maximum bid be awarded to Ernst and Whinney in the amount of $6,700.00. Moved by Alderman Thomas that the bid be awarded as recommended. Motion seconded by Alderman Russell , and carried unanimously. ,/Item 14c Bids were considered on traffic signs to replace tornado damaged signs. It was recommended by Jack Griffin that the low bid be awarded to Vulcan Signs for street names in the amount of $5,034.40, and miscellaneous traffic signs in the amount of $1 ,764.85. It was also recommended that all bids be rejected on stop signs. The City currently has a purchase price contract with 3-M Company that is lower than the prices bid. He recommended that they be purchased from 3-M Company at their catalog price of $2,920.00. Moved by Alderman Smith that the bids be awarded as recommended. Motion seconded by Alderman Thomas, and carried unanimously. Item 15a A proposed resolution was presented authorizing final payment to Bowles Construction Company on water and sanitary sewer on Production Boulevard. RESOLUTION NO. 2382 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF WATER AND SEWER FACILITIES IN PRODUCTION BOULEVARD. WHEREAS, the City of Wichita Falls and Bowles Construction Company, as contractor, entered into a contract dated February 15, 1979, wherein said contractor agreed to construct certain water and sewer facilities in Production Boulevard; and, WHEREAS, said construction has been completed in accordance with the plans and specifications ; and, WHEREAS, the final estimate has been submitted on this project, which final estimate shows a total amount of work done as $70,274.89, of which $59,646.22 has been paid to the contractor, leaving a balance of $10,628.67. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of water and sewer facilities in Production Boulevard is accepted by the City of Wichita Falls , the final estimate is approved, and the City Manager is directed to pay to the said contractor the amount due as shown on such estimate. Moved by Alderman Thomas that Resolution No. 2382 be passed. 261 i Item 15a, cont'd. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 16a Dr. Art Beyer appeared, stating that he believes it is time to proceed with modification of capital improvements bond proposals by the Citizens Advisory Committee. Moved by Alderman Hampton that the Council go on record as favoring revalutations of the proposed bond issue by the Citizens Advisory Committee. Motion seconded by Alderman Smith, and carried unanimously. ✓Item 16b I The City Manager requested authority to participate in a collective action with other cities in the Southwestern Bell Telephone rate case before the Public Utility Commission. The City's total cost would be $1 ,951 .28. Moved by Alderman Thomas that authority be granted to participate in the Southwestern Bell rate case, as requested. Motion seconded by Alderman Traywick, and carried unanimously. Item 16c Moved by Alderman Thomas that Mrs. Luther Breckenridge be appointed to the Mental Health Mental Retardation Board of Trustees, for a two-year term. (A previous appointee, David Ramsey, did not accept the appointment. ) Motion seconded by Alderman Smith, and carried unanimously. Moved by Alderman Thomas that Wanda Davis be appointed to the Traffic Commission for a term to expire December 31 , 1981 . (She will replace Bedford Furr, who resigned. ) Motion seconded by Alderman Russell , and carried unanimously. Item 16d Ruby Newton appeared in reference to the care and beautification of our city. She suggested that parking not be allowed in yards , and that parking not be taken up on a street by one family. She also noted that rental units are not being kept in good condition, and junk is left in yards instead of a storage building. She would like to see some protection given to the people. The Board of Aldermen adjourned at 10:35 A.M. PASSED AND APPROVED this v day of C(-el 1979. MAYOR ATTEST: CIT CLERK THE STATE OF TEXAS X COUNTY OF WICHITA X AMENDED LEASE AGREEMENT This lease made and entered into this the day of 1979, by and between the City of Wichita Falls, Texas, hereinafter called Lessor, and the First Step of Wichita Falls, Incorporated, a non profit corporation, hereinafter called Lessee. WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1. Lessor hereby leases to Lessee the following described property situated in Wichita Falls, Wichita County, Texas to-wit: Lots 4 and 7 , Block 240 of the Bean and Stone Subdivision to the Original Townsite of Wichita Falls, Texas. 2. The term of this lease shall be for a period of one year commencing on July 5, 1979 and extending to July 4 , 1980. At the conclusion of the original term of this lease, Lessee shall have the option to extend this lease four (4) additional periods of one year each, ending on July 4, 1984. If Lessee desires to exercise options, it shall .notify the Lessor in writing no less than sixty (60) days prior to the ending date of the original term or any option period. In the event Lessee chooses not to exer- cise an option by the specified time above, this lease and all subsequent options shall terminate. 3 . The rental for this property shall be the sum of One Dollar ($1) annually payable in advance on the anni- versary date of this Lease Agreement each year. 4. Lessee shall provide all furnishings, furniture and office equipment (Including all consumable and disposable items) which are necessary for the effective and efficient operation of the First Step, Inc. Center. Lessee shall own such items and be responsible for their replacement. 5. The property and structure (s) owned by the Lessor, shall be used by the Lessee only for purposes- and activi- ties involving services for the First Step of Wichita Falls, Incorporated as are normally provided by such an organization with the State of Texas. 6. This Lease Agreement shall remain in full force and effect according to the term of the Lease in Section 2 and cancellation provision as included in Section 12 , except that, if the Lessee becomes inactive or so small in size and number of members that it could not effectively use these facilities so leased, this lease may be cancelled by thirty (30) days written notice to Lessee from Lessor. 7. Lessee shall be fully responsible for all maintenance and repairs of the structure (s) , equipment and grounds. Except that Lessor shall be responsible for maintenance and repairs of any structural defects and roofs. Before the Lessee makes any major improvements to the structure (s) or grounds, it shall review such with the Lessor' s City Manager and obtain his (her) approval of such. Maintenance shall be accomplished continuously in a good, reasonable and workmenlike -manner so that the premises are maintained in as close to original condition as possible, less normal wear and tear. 8 . Lessee shall be responsible to pay all utilities and janitorial services for the building (s) and grounds. 9. Lessee shall carry sufficient fire and hazard insurance on the structure (s) to protect the interest of the Lessor and the Lessor shall be made beneficiary in such policy. The Lessor's City Manager shall approve such insurance policy and an insurance certificate shall be on file with the Lessor at all times. The amounts of insurance may be -2- changed from time to time as approved by the City Manager. 10. Lessee shall hold the Lessor harmless for any personal injury which may occur on the property or within structure (s) . Personal injury liability insurance, in amounts approved by the Lessor' s City Manager, which may change from time to time, shall be in force at all times during the term of this lease and an insurance certificate for such on file with the Lessor at all times. 11. Lessee shall not rent or sublease these premises to a third party without the prior approval of Lessor. 12 . In the event Lessee breaks any of the covenants of this lease, Lessor shall notify Lessee in writing of such defects. Lessor shall have 30 days to correct such defects. If the defects are not corrected within 30 days, this Lease shall be terminated within 15 days after the initial defect correction period. Upon termination of this lease, all property owned by the Lessor shall be returned to the Lessor in as close to its original con- dition as possible, less normal wear and tear. 13. Nothwithstanding any provision to the contrary, Lessee agrees that upon ninety (90) days written notice to Lessee from Lessor; this lease shall terminate. Upon notice of termination of this lease the Lessee shall have the right to remove the four buildings located on said lotswithin said ninety (90) days. CITY OF WICHITA FALLS, TEXAS BY: CITY MANAGER ATTEST: CITY CLERK FIRST STEP OF WICHITA FALLS , INCORPORATED BY: ATTEST: SECRETARY _3 RECEIVED IN CITY CLERK'S OFFICE, Date _._._.��:�-..=..1,,r_..•---- By --- THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA X That this contract and agreement made and entered into by and between i the City of Wichita Falls, a Municipal Corporation, and Wichita Falls Independent fSchool District. WITNESSETH: I. It is agreed among all parties hereto that the City Assessor and Collector shall act as an agency and ' E g y a instrumentality for assessing and collecting the taxes for the Wichita Falls Independent School District and shall perform all the duties imposed and possess all the power and authority given by the statutes of the State of Texas, with respect to the assessing and collecting of school taxes for and in behalf of said Wichita Falls Independent School District. j H. It is further agreed that as full compensation to the City of Wichita Falls for the services herein required of its said Assessor and Collector, and its other officers and employees for the benefit of said School District, the Wichita Falls Inde- pendent School District by and through its Board of Education shall pay to the said City fifty percent (50%) of the total direct and indirect costs to assess and collect taxes for the City and School District to be computed as follows: (1) As direct costs, the total approved budget for the City Tax Department (Budget Unit 122). (2) Add 10% of the total approved budget for the City Tax Office as indirect costs for Administration and Overhead support. (3) Add the two year salary step of a Deputy City Attorney plus 15% for fringe benefits. (4) Add 15% of the total approved Data Processing Budget (Budget Unit 049). • The City will make available to the School District the proposed budgets as described above and the final budgets as approved by the City. The School District shall make seven equal payments to the City of the total amount due beginning on November loth of each year and ending on May loth of each year. III. The said City of Wichita Falls agrees and obligates itself to maintain in its tax office modern accounting methods, but which shall provide that in separate columns on a ledger or roll maintained for the purpose shall be posted the individual i amounts and receipts thereof as may be rendered, assessed, or collected for the j Wichita Falls Independent School District; that daily deposit slips showing separately the amount of current and delinquent taxes collected and placed to the credit of said School District in the depository of the school funds, shall be furnished said District; f that monthly reports of all sums of money collected shall be made to said District ` and the Board of Education for each and every month; that all interest and penalties ` collected on taxes shall be paid to the School District; that all stationery, roll books, stamps and other expenses of collection of current and delinquent taxes, penalties and interest, are to be paid for by the City. I IV. I It is further agreed and understood that the said District and its Board of Education are to set its own percentage on the valuation of taxable properties in said District and tax rate. V. It is further agreed and understood that the said City Assessor and Collector shall furnish a bond in the sum of $25,000. 00; said bond to be payable to the President of the Board of Education of the Wichita Falls Independent School District and his successor in office, and to be conditioned that said assessor and collector will faith- fully collect the taxes due for school purposes within said District and will pay same over to the depository of said District daily as collected, and will faithfully perform the duties imposed upon him by law and this contract, for the benefit of said District, and bond shall cover the period from July 1 to and including June 30 for each yearly period during which this contract is to be in effect; that said bond shall be executed by an ap- proved surety company and accepted by said Board of Education, and all premiums thereon shall be paid by the Wichita Falls Independent School District. -2- a VI. It is also agreed that a taxpayer who offers to pay his city taxes shall be required, if possible, to pay at the same time his taxes due to the Wichita Falls Inde- pendent School District. The time for payment of school taxes may be extended only by the School Board. � VII. It is further agreed that said City may in its own name, or in the name of said School District, bring and prosecute any and all suits which may be found neces- sary for the collection of said School taxes, but said City shall not have the power or authority to compromise or dismiss without full payment any suits involving taxes belonging to said District without first obtaining the consent of their Board of Education. VIII. Attorney's services for collection of delinquent taxes are to be furnished I to School District by the City, and the City shall file suits for delinquent taxes when I suits for delinquent city taxes are filed, provided however that said School District reserves the right to withdraw from the assessor and collector of taxes of the City of Wichita Falls any tax account or accounts, which they may elect, and place the same for collection with any attorney selected by said School District. If this later option is taken by the School Board, item II, (3) shall be eliminated from the total cost of assessing and collecting taxes for determining proportionate costs. IX. The contract and agreement is not to be construed as the appointment of City Tax Assessor and Collector as the Tax Collector of the Wichita Falls Indepen- dent School District, and he shall not be considered as holding the office of Tax Assessor and Collector of the Wichita Falls Independent School District, but the pur- pose and intention of this contract is that the City of Wichita Falls, Texas, assess and collect all taxes, penalties and interest for the full term of this contract in ac- cordance with its terms and conditions as herein fully set forth. X. Said School District and the City of Wichita Falls shall concur in the ap- pointment of and the amount of compensation to be paid the Board of Equalization. -3- XI. The School Board reserves the right to have the books of the District audited at any time it may elect. XII. i It is contemplated by the taxing departments to this contract that delin- quent taxes will in the future, as in the past, when agreed upon, be paid in monthly j installments, and in such event, it is agreed that all installments so paid shall be among the respective taxing departments as their interest therein appear, according to the tax records of the respective taxing departments. XIIL It is further agreed that this contract shall have become effective on the ist day of duly-, A.D. 1979, and shall be and remain in full force and effect until the expiration of the 30th day of dune 1980. Thereafter this contract shall be automatic- I ally renewed for a like period of time on a year to year basis unless and until either I party gives written notice of intention to terminate at least 30 days before the next yearly period ensuing, provided, that if at any time, either of these contracting parties shall fail to comply with their obligations hereunder, the party so aggrieved shall give the defaulting party written notice particularly descriptive of its noncompliance with the terms of this contract, and such defaulting party shall have thirty (30) days in which to comply fully with the terms of this agreement, and upon failure to do so, the aggrieved party shall have the right to rescind this contract in its entirety and each of these contractors shall be placed in status quo as before the execution of this agree- ment. However, any monies paid the City shall be retained by the City in the event such contract is forfeited. IN TESTIMONY WHEREOF the parties hereto have executed this instru- ment in duplicate, this 9th day of August A. D. 1979. CITY OF WICHITA FALLS By: City Man er ATTEST: C l City Clerk -4- •1 , WICHITA FALLS INDEPENDENT SCHOOL DISTRICT By. Press en o Board of E ucation ATTEST: Secretary, Board of Education_. Wichita Falls Independent School District. I i I i