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Min 10/16/1979 317 Wichita Falls, Texas Memorial Auditorium Building October 16, 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 Cletus Beights, First United Methodist Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held October 9, 1979, be approved. Motion seconded by Alderman Smith, and carried unanimously. Items 4a - Ila Moved by Alderman Smith that Items 4a through lla on the Consent Agenda, be approved. Motion seconded by Alderman Hampton. Item 4a J ORDINANCE NO. 3551 ORDINANCE REPEALING AN ORDINANCE AND CHANGING A PROJECT NUMBER IN ORDINANCE NO. 3541 AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5a ORDINANCE NO. 3552 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 6a RESOLUTION NO. 2410 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR THE 1979 ASSESSMENT PAVING PROGRAM AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the 1979 Assessment Paving Program and, 318 Item 6a, cont'd. 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 Easement are as follows: 1979 ASSESSMENT PAVING PROGRAM Drainage and Utility Easement 0.341 Acre tract out of Donata Leona Survey, Abstract 176, Wichita County, Texas and being a part of the 15.58 acres tract of land described in Vol . 469, Page 517 in Deed Records of Wichita County, Texas. 0.649 acre tract out of Donata Leona Survey, Abstract 176, Wichita County Texas and being out of the tract of land described in Volume 1176, Page 212, in the Deed Records of Wichita County, Texas. Total values approved in this resolution----------------------------$3,080.00 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 Easement 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 Item 6b RESOLUTION NO. 2411 A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . A public hearing shall be held in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas at 8:30 a.m. on the 6th day of November, 1979, at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings, annexing the following described lands: A tract of land located in the H. & G.N. Railroad Company Survey, Section 39, A-161 ; Ramon Travino Survey, Section 1 and 4, A-286; and Thomas Curry Survey, A-345, Wichita County, Texas, as shown in the attached plat of Tract I. A tract of land located in the Cherokee County School Land, A-33, Blocks 25, 26 & 30, Wichita County, Texas, and Cherokee County School Lands, A-33, Block 30, 33 & 35, Clay County, Texas, as shown in the attached plat of Tract II . A tract of land located in the Cherokee County School Land, A-33, Kemp & Newby Subdivision, Blocks 1 & 3; G. Reynolds Survey, A-251 ; and J. R. McDowell Survey, A-194, as shown in the attached plat of Tract III. A tract of land in the Denton County School Land, League 2, A-57, Block 2; and William Meyer Survey, Kemp Subdivision, Blocks 9 & 10, as shown in the attached plat of Tract IV. 319 Item 6b, cont'd. A tract of land in J .R. McDowell Survey, A-194, Wichita County, Texas, and J.R. McDowell Survey, A-282; T.S. Smith Survey, A-1140; J.A. Scott Survey, A-915; German Emigration Company, Survey A-150 & A-151 , Archer County, Texas, as shown in the attached plat of Tract V. SECTION 2. The City Clerk is directed to give public notice of such hearing by publishing a notice thereof one (1 ) time in a newspaper having general circulation in the City and in the territory to be annexed, not more than twenty (20) days nor less than ten (10) days prior to the meeting. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7a The low bid for an estimated annual supply of oil and grease was awarded to Henderson 66 Sales, Wichita Falls, in the amount of $20,740.50. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 8a ,,' RESOLUTION NO. 2412 RESOLUTION APPROVING CHANGE ORDER NO. 3 AND FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF JASPER STREET WATER TREATMENT PLANT WASTE DISPOSAL FACILITIES. WHEREAS, The City of Wichita Falls, as owner and Power Builders, Inc. , as contractor, entered into a contract dated November 18, 1977, wherein said contractor agreed to construct certain Jasper Street Water Treatment Plant Waste Disposal Facilities; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, Change Order No. 3 and the final estimate have been submitted on this project, which final estimate shows a total amount due for such work as $778,885.03, all of which has been paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The construction of the Jasper Street Water Treatment Plant Waste Disposal Facilities is accepted by the City of Wichita Falls and Change Order No. 3 and the final estimate are approved. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None f, Item 9 Authority was granted to advertise for bids on the following. a. Annual supply of pre-mixed concrete and bulk cement. b. Reconstruction of monuments at Rosemont Cemetery. c. Mowing equipment for Parks , Golf, and Cemetery Divisions. d. Reconstruction of fence at Weeks Park. e. Emergency warning siren. f. Sanitation collection equipment. g. Street Department stabilizing machine. h. 1000 GPM pumper for Fire Department. i . Roof repairs to Hangar No. 1 at Municipal Airport. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Adcock Nays: None 320 Item 10 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners - September 11 , 1979 b. Design Review Commission - September 20, 1979 c. Mayor's Commission on Status of Women - September 13, 1979 d. Arts Commission - September 25, 1979 Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item lla Assessment Paving Adjustments Nos. 22 through 25 were approved in a total amount of $2,567.41 . Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 12a Reuben A. Warren, Jr. , was honored as Employee of the Month for October. Mr. Warren is an employee of the Health Department. Mayor Hill presented him with a plaque, and two tickets each to a dinner and theatre. Item '12b City Manager Gerald Fox noted that petitioners on the zoning ordinance have agreed to the change made in the ordinance by the Board of Aldermen. They agreed, It the stipulation that all provisions be adhered to. " Alderman Russell inquired if this is not a redundancy, and are they not bound by the provisions of the ordinance? The City Attorney explained that they are; however, amendments could be made. Moved by Alderman Hampton that the above stipulation be entered into the records. Motion seconded by Alderman Russell , and carried unanimously. Item 12c Ralph Thurman was not present concerning location of a mobile home, and the item was passed over. Item 13a Discussion was held on a proposed ordinance concerning evaluation of historical structures by the Design Review Commission. Alderman Thomas stated that he is concerned that these people have the absolute say of what is going on in the historical district. It bothers him that a group has the power which they do. He asked if the Council has the right to give a variance if this Commission says a property owner cannot do something? City Manager Gerald Fox and Planning Director Roger McKinney explained that there are two appeals processes. The first appeal is with the Planning Board, and the second with the Board of Aldermen. Alderman Hampton felt that the Design Review Commission should have authority, or why have them at all ? ORDINANCE NO. 3553 AN ORDINANCE AMENDING ARTICLE IV, DIVISION 5 OF CHAPTER 2 OF THE CODE OF ORDINANCES TO PROVIDE REQUIREMENTS FOR RELOCATION OF A STRUCTURE AND TO PROVIDE REVISED CRITERIA FOR EVALUATING EXISTING STRUCTURES FOR REHABILITATION WITHIN A DESIGNATED HISTORICAL DISTRICT OR LANDMARK. Moved by Alderman Russell that Ordinance No. 3553 be passed. 321 Item 13a, cont'd. 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 13b A proposed ordinance was presented releasing excess easement rights in Blocks 33 and 34, Hirschi Subdivision. v ORDINANCE NO. 3554 ORDINANCE RELEASING EASEMENT FOR SANITARY SEWER LINE ON 5.89 ACRES TRACT OF LAND OUT OF BLOCKS 33 AND 34, J. HIRSCHI SUBDIVISION OF THE DAVID WELCH SURVEY, A-324. Moved by Alderman Smith that Ordinance No. 3554 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None ✓Item 14a A proposed resolution was presented authorizing the City Manager to enter into a contract with Robert Pardue and Associates for design of the addition of the Senior Citizens Center. A motion was made by Alderman Traywick, and seconded by Alderman Adcock that the resolution be passed. Following some discussion on it, the motion was withdrawn. Alderman Hampton commented on the memo from the City Manager regarding the design of the Activities Center. He questioned who will pay for the necessary modifications . He would like further explanation on what will happen on the $35,000 cost? There are 13 design errors. The City Manager stated that the Council should meet with the architect. Alderman Hampton stated that he would like to postpone action on this matter until we get a better understanding of the Activities Center situation. A meeting with the architect was scheduled for 9:00 A.M. , Thursday, October 18, so that the Senior Citizens Center expansion could be put back on the agenda for October 23. Alderman Adcock noted that this is not an unusual situation with the Activities Center, stating that he has gone through some of these problems. Very seldom does it ever fail to happen on a large project. Item 14b A proposed resolution was presented authorizing the City Manager to execute a professional services contract for preparation of an Economic Adjustment Plan. RESOLUTION NO. 2413 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARTHUR D. LITTLE, INC. FOR THE PREPARATION OF AN ECONOMIC ADJUSTMENT PLAN FINANCED BY THE ECONOMIC DEVELOPMENT ADMINISTRATION UNDER THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT GRANT ACT OF 1965, AS AMENDED. WHEREAS, the City is preparing to begin an Economic Adjustment Plan; and, WHEREAS, the April 10, 1979 disaster has created additional workloads beyond the capabilities of the existing staff; and, 322 Item 14b, cont'd. WHEREAS, this additional workload includes the preparation of an Economic Adjustment Plan; and, WHEREAS, the services of a consultant are necessary to prepare an Economic Adjustment Plan; and, WHEREAS, the consultant firm of Arther D. Little, Inc. is willing to enter into a contract with the City to prepare the Economic Adjustment Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is hereby authorized to execute a professional services contract for the amount of $99,000 with Arthur D. Little, Inc. for the rendering of professional services in connection with the Economic Development Administration grant. SECTION 2. The City Manager is authorized to request any additional information and material that may be required in connection with the Economic Adjustment Plan. Moved by Alderman Hampton that Resolution No. 2413 be passed. Motion seconded by Alderman Russell . Alderman Thomas inquired how the City can implement such a plan, and what value would it be to us? The City Manager stated that one of the planning constraints is that this program will have to be done by April of next year. It will provide governmental assistance to the City, and private enterprise as well . This would coincide with the work of the Goals for Wichita Falls Committee. Input from the Goals Committee will be in this planning process. The plan cannot tell the private man to do anything. The plan could tell the City whether to invest in this community in the future. It is a city-wide economic adjustment study, but it will address primarily the disaster area. Alderman Hampton inquired if one of the reasons for this report is to be able to get other funds on down the line? Roger McKinney stated that it is one of the reasons. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Adcock Nays: Alderman Thomas Item 14c Proposed resolutions were presented approving tennis contracts with Jon Brotherton and Johnny Simmons. RESOLUTION NO. 2414 RESOLUTION APPROVING CONTRACT WITH JON BROTHERTON FOR SERVICES AS TENNIS PROFESSIONAL AT WEEKS PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract between the City and Jon Brotherton, a copy of which is attached hereto, whereby City employs Brotherton as tennis professional at Weeks Park Tennis Center, 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. 2414 be passed. Motion seconded by Alderman Russell . Alderman Thomas commented that this whole thing is premised on the fact that we have a pro shop there, and we do not have a pro shop now. The City Manager stated that both pros are working out of one center with merchandise, lessons, etc. Alderman Thomas asked if we are going to build a pro shop there? The City Manager 323 Item 14c, cont'd. stated that it was an alternative which they discussed, but they are going to proceed with the development of both centers. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None ,/RESOLUTION NO. 2415 RESOLUTION APPROVING CONTRACT WITH JOHNNY SIMMONS FOR SERVICES AS TENNIS PROFESSIONAL AT HAMILTON TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract between the City and Johnny Simmons, a copy of which is attached hereto, whereby City employs Simmons as tennis professional at Hamilton Tennis Center, 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. 2415 be passed. Motion seconded by Alderman ,Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 14d A proposed resolution was presented renewing agreement with the Humane Society for pound services. RESOLUTION NO. 2416 RESOLUTION APPROVING AGREEMENT WITH HUMANE SOCIETY OF WICHITA COUNTY FOR PUBLIC POUND SERVICES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement for public pound services, a copy of which is attached hereto, between the City of Wichita Falls and the Humane Society of Wichita 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. 2416 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 14e A proposed resolution was presented authorizing the City Manager to execute an agreement with the Texas Highway Department for widening and reconstruction of a portion of Jacksboro Highway. v RESOLUTION NO. 2417 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF TEXAS FOR CONSTRUCTION OF CURB AND GUTTER, STORM SEWERS AND INCIDENTAL ITEMS ON VIRGINIA STREET FROM SCOTT STREET TO THIRTIETH STREET ON LOOP 473. WHEREAS, heretofore the City of Wichita Falls approved State Highway and Public Transportation Commission Minutes numbered 69333 and 70259, whereby the 324 Item 14e, cont'd. Commission agreed that the State Department of Highways and Public Transportation would assist the City in reconstruction and channelization on Virginia Street from Scott Street to Thirtieth Street, provided that the City would, among other things, construct curb and gutter, storm sewers and incidental items; and, WHEREAS, the City desires that the State construct or have constructed the City's portion of this work. NOW, THEREFORE, 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, whereby the City agrees to pay the State to construct or have constructed the City's portion of this work, is hereby approved and the City Manager is authorized to execute such contract for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2417 be passed. 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 15a A proposed resolution was presented authorizing final payment to Willen Electric Company for construction of lighting at Bridwell Park. RESOLUTION NO. 2418 RESOLUTION APPROVING PAYMENT AND ACCEPTING ELECTRICAL WIRING AND RESETTING TWO TERMINAL BOXES FOR BRIDWELL PARK. WHEREAS, the City of Wichita Falls, as owner, and Willen Electric Co. , Inc. , as contractor, entered into a contract dated May 8, 1979, wherein said contractor agreed to construct electrical wiring of twenty-four sports lighting fixtures and resetting two terminal boxes for Bridwell Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for such work was $7,250.00, none of which has been paid. NOW, THEREFORE, BE IT RESOLVED BY THE. BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such work is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the contract price as shown above. Moved by Alderman Hampton that Resolution No. 2418 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 16a Director of Planning Roger McKinney requested adoption of a Citizen Participation Plan for the 1980-81 Community Development Block Grant Program. Mr. McKinney explained that the plan is more detailed this year; however, it will continue the formal series of neighborhood meetings to receive citizen input on what the citizens would like to see funded. The neighborhood meetings would be held in mid January. i 325 Item 16a, cont'd. Alderman Russell noted that the Tract 10 area boundaries have been revised. There was no citizen input last year from Tract 10. Moved by Alderman Hampton that the Citizens Participation Plan be adopted. Motion seconded by Alderman Russell , and carried unanimously. Item 16b A proposed resolution was presented increasing tennis tournament fees. RESOLUTION NO. 2419 RESOLUTION AMENDING RESOLUTION NO. 2213 TO INCREASE TOURNAMENT FEES FOR HAMILTON PARK TENNIS CENTER AND WEEKS PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2213 is hereby amended so that the provision for tournament fees shall read as follows: "Tournament Fees $1 .50 per person per tournament (The only tournaments exempted from this fee are the M.S.U. Fall Tournament, Wichita Falls Junior and Senior High School Tournaments and the Southwest Junior and Senior Tournaments. )" Moved by Alderman Thomas that Resolution No. 2419 be passed. Motion seconded by Alderman Adcock. Alderman Traywick asked why it is necessary to increase these fees? The City Manager stated that $1 .00 is just too cheap. The players use the courts several times each. It is an inequitable situation they are trying to rectify. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 16d Authority was requested to employ an appraiser for acquiring sanitary landfill site. Director of Public Works Ernest Lillard stated that the engineers have selected a site which they want us to do more study for acquisition. They are in the process of obtaining right of entry for further engineering testing and appraisal . They hope to be able to come back to the Council with a date for a public hearing on the landfill site. He further noted that the City of Iowa Park continues to express an interest to participate with us. Burkburnett is no longer interested. Moved by Alderman Hampton that authority be granted to hire an appraiser to conduct a detailed appraisal of the property. Motion seconded by Alderman Thomas, and carried unanimously. Item 16e The Arts Commission requested funding for the following community arts projects from the 1979-80 appropriations , totaling $44,717.00. a. Acquisition of UHF Translator; KIDZ-TV--$7,500.00 b. Autumn and Spring Concerts by the Civic Chorus--$2,800.00 326 Item 16e, cont'd. c. Nathan Jones/Arthello Beck Art Exhibit--$1 ,740.00 d. Professional Research for Master Expansion Plan of Backdoor Players , Inc.--$7,500.00 e. American College Theatre Festival--$2,000.00 f. Distinguished Artists Series for Pianist Performance Council of Wichita Falls Music Teachers Association--$2,477.00 g. Tourist-Student Theatre Promotion for Broadway Theatre League--$7,500.00 h. Young Audiences and Production Tour by MSU Department of Music--$3,200.00 i . 1982 Wichita Falls Centennial Commemorative Art Project by Wichita Falls Arts Commission-410,000.00. This amount would be retained in a trust fund. Moved by Alderman Russell that the recommendations of the Arts Commission be accepted. Motion seconded by Alderman Hampton, and carried unanimously. ,/Item 16f Charlotte Southard appeared for herself and her mother, Beulah Benson. She stated that she had a mobile home on the lot at 3000-3002 Midwestern Parkway prior to the tornado. She is now living in Kiwanis Park, but requested permission to be able to install a mobile home there on a permanent basis, so that she may take care of her mother. She has received permission from the federal government to purchase a mobile home, and they have given her a purchase price. Alderman Smith requested City Attorney H.P. Hodge, Jr. to do some research on grandfather clauses, and whether they would be able to leave them there if they did purchase them. Mr. Hodge noted that if a mobile home is voluntarily moved, it is not grandfathered. We have two situations now where the grandfathered mobile home was destroyed by fire and tornado. He is trying to research this matter as far as non-conforming use, etc. Mayor Hill explained that they would be back in touch with her. ,, Item 16c The Council went into executive session at 10:05 A.M. to discuss appointment of Zoning Commission members. The meeting re-convened at 11 :25 A.M. Moved by Alderman Thomas that the following named persons be appointed to the Zoning Commission. a. Andy Carron b. Donna Long c. John Mark Hirschi d. Gary D. Cook e. Lonny Morrison--Acting Chairman f. Tommy Robinson g. Dr. Isabell Hunt h. Ed Bianchi i . James Esther j . Erton Tate--Alternate k. Pete Martinez--Alternate 1 . Louis Bloodworth, Sr.--Alternate Motion seconded by Alderman Hampton, and carried unanimously. The City Manager stated that liason with the staff will be the Planning Department. He hopes the committee will meet as soon as possible to organize because of the time constraints involved. The Board of Aldermen adjourned at 11 :30 A.M. PASSED AND APPROVED this /V fd y of �'�-77`4e z___' 1979. MAYOR ATTEST: CITY CLERK . STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X 1 ` This agreement made and entered into this the lst day of November 1979 , by and between the City of Wichita Falls , Texas , a municipal corporation, hereinafter called "City" , acting herein by and through its City Manager , and Jon Brotherton hereinafter called "Tennis Pro" , WITNESSETH : For and in consideration of the mutual covenants hereinafter contained , the parties hereto do hereby agree as follows : I . City does hereby employ Jon Brotherton as a tennis professional at the Weeks Park Tennis Center . City does hereby lease to Tennis Pro the tennis pro shop located at the Weeks Park Tennis Center , for a period of one year , commencing November 1 1979 , and thereafter on a month to month basis . II . Tennis Pro shall be considered a contract employee of City and his salary shall be $600. 00 per month. It is expressly agreed and understood by Tennis Pro and City that Tennis Pro is an independent contractor and shall not be eligible for any fringe benefits to which regular City employees are entitled . III . . Tennis Pro shall be in charge of and responsible for the operation of Weeks Park Tennis Center. He shall perform all duties and responsibilities as are required of him by the laws of the State of Texas , the ordinances of City , the current Tennis Policies of the Parks and Recreation Department of City , and the directions of the Recreation Superintendent of the Parks and .Recreation Department of City. A copy of the current Tennis Policies of the Parks and . Recreation Department is attached hereto and made a part hereof as is copied in full herein. IV. Tennis Pro shall collect for City all daily court fees , annual permit fees, and tournament fees for play at the Weeks Park Tennis Center . A11• daily court fees , annual permit fees , and tourna- ment fees shall be kept in a cash register prov ded therefor . Tennis Pro shall keep an accurate account of all daily court fees , annual permit fees , and tournament fees collected , and shall deposit the same with the Parks and Recreation Department at its office in the Memorial Auditorium Building on Mondays and Fridays of each week without exception. V. Tennis Pro shall have the right to give tennis lessons at Weeks Park Tennis Center and City shall receive 5% of the lesson fee plus a court fee from the person taking the lesson. VI . Tennis Pro shall also account to City for the revenues which he receives from the sale of merchandise , for racquet stringing and concessions sold through his pro shop located at Weeks Park Tennis Center . City shall receive 5% of the revenues from the sale of merchandise , racquet stringing and concessions sold by Tennis Pro through the pro shop at Weeks Park Tennis Center . VII. Tennis Pro shall keep accurate and correct books on the opera- tion of his business and such books shall be open for inspection by City or any person designated by it . VIII . Tennis Pro shall take good care of the personal property and real property hereby leased to him and he will deliver the property back to City at the expiration or the termination of this lease in the same condition as same was received , natural wear and tear excepted . IX. Tennis Pro shall make no alterations in the building hereby leased without the written consent of the Director of Parks and Recreation of CiL-y . X. It is understood and agreed that the City Manager of City may at any time cancel this contract after giving 30 days notice in writing of cancellation because of violations of laws , ordinances , -2- or rules , regulatigns or directions concerning the operation of the Tennis Center at Weeks Park , or the agreements constituting the lease of the tennis pro shop at the Week Park Tennis Center ; in the event of such cancellation, City shall have the right , without further notice or demand , to re-enter and take possession of all the property herein leased and remove all persons therefrom without being liable for any claim for damages by reason of such cancellation and resumption of possession. In the event said contract is so cancelled during the term hereof , City shall guarantee the sale of , or at its option may purchase from Tennis Pro , any usable equipment and merchandise that he might have and use in his operation under this contract (except for tennis equipment) which he shows has been fully paid for by him at the cost price of same, less depreciation. XI . Tennis Pro shall hold City harmless for any damages or injury to persons or property caused by or arising out of Tennis Pro ' s operation of the Weeks Park Tennis Center . Tennis Pro further agrees to provide City with a certificate of insurance attesting to the ownership of a general liability insurance policy, with City named as an additional insured , protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro ' s operation , of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100 , 000 . 00) dollars per person and three hundred thousand ($300 , 000 . 00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50 , 000 . 00) dollars per occurrence . Fire and theft coverage for property belonging to Tennis Pro shall be the sole responsibility of Tennis Pro . XII . Tennis Pro shall provide adult supervision at Weeks Park Tennis Center during all open hours . IN WITNESS WHEREOF , the parties hereto have caused this agreement to be signed as of the day and year first written above . ATTEST : CITY OF WICHITA FALLS , TEXAS BY : City Clerk Gerald G. Fox, City Manager Approved as to form : City Attorney Tennis Pro STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X � ` This agreement made and entered into this the lst day of November , 1979 , by and between the City of Wichita Falls , Texas , a municipal corporation , hereinafter called "City" , acting herein by and through its City Manager , and Johnny Simmons , hereinafter called "Tennis Pro" , WITNESSETH: For and in consideration of the mutual covenants hereinafter contained , the parties hereto do hereby agree as follows : I . City does hereby employ Johnny Simmons as a tennis professional at the Hamilton Tennis Center . City does hereby lease to Tennis Pro the tennis pro shop located at the Hamilton Tennis Center , for a period of one year , commencing November 1 1979 , and thereafter on a month to month basis . II . Tennis Pro shall be considered a contract employee of City and his salary shall be $600. 00 per month. It is expressly agreed and understood by Tennis Pro and City that Tennis Pro is an independent contractor and shall not be eligible for any fringe benefits to which regular City employees are entitled . III . Tennis Pro shall be in charge of and responsible for the operation of Hamilton Tennis Center . He shall perform all duties and responsibilities as are required of him by the laws of the State of Texas , the ordinances of City , the current Tennis Policies of the Parks and Recreation Department of City , and the directions of the Recreation Superintendent of the Parks and Recreation Department of City. A copy of the current Tennis Policies of the Parks and Recreation Department is attached hereto and made a part hereof as is copied in full herein. IV. Tennis Pro shall collect for City all daily court fees , annual permit fees , and tournament fees for play at the Hamilton Tennis Center . A11 daily court fees , annual permit fees , and tourna- went fees shall be kept in a cash register provided therefor . Tennis j i Pro shall keep an accurate account of all daily court fees , annual permit fees , and tournament fees collected , and shall deposit the same .with the Parks and Recreation Department at its office in the Memorial Auditorium Building on Mondays and Fridays of each week without exception. V. Tennis Pro shall have the right to give tennis lessons at Hamilton Park Tennis Center and City shall receive 5% of the lesson fee plus a court fee from the person taking the lesson. VI . Tennis Pro shall also account to City for the revenues which he receives from the sale of merchandise , for racquet stringing and concessions sold through his pro shop located 'at Hamilton Park Tennis Center. City shall receive 5% of the revenues from the sale of merchandise , racquet stringing and concessions sold by Tennis Pro through the pro shop at Hamilton Park Tennis Center . VII. Tennis Pro shall keep accurate and correct books on the opera- tion of his business and such books shall be open for inspection by City or any, person designated by it . VIII . Tennis Pro shall take good care of the personal property and real property hereby leased to him and he will deliver the property back to City at the expiration or the termination of . this lease in the same condition as same was received , natural wear and tear excepted . IX. Tennis Pro shall make no alterations in the building hereby leased without the written consent of the Director of Parks and Recreation of City . X. It is understood and agreed that the City Manager of City may at any time cancel this contract after giving 30 days notice in writing of cancellation because of violations of laws , ordinances , -2- • or rules , regulations or directions concerning the operation of the Tennis Center at Hamilton Park , or the agreements constituting h the lease of the tennis pro shop at the Hamilton Park Tennis Center ; in the event of such cancellation, City shall have the right , without further notice or demand , to re-enter and take possession of all the property herein leased and remove all persons therefrom without being liable for any claim for damages by reason of such cancellation and resumption of possession. In the event said contract is so cancelled during the term hereof , City shall guarantee the sale of , or at its option may purchase from Tennis Pro , any usable equipment and merchandise that he might have and use in his operation under this contract (except for tennis equipment) which he shows has been fully paid for by him at the cost price of same, less depreciation. XI . Tennis Pro shall hold City harmless for any damages or injury to persons or property caused by or arising out of Tennis Pro ' s operation of the Hamilton Park Tennis Center . Tennis Pro further agrees to provide City with a certificate of insurance attesting to the ownership of a general liability insurance policy, with City named as an additional insured , protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro ' s operation of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100 , 000 . 00) dollars per person and three hundred thousand ($300 , 000. 00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50 , 000 . 00) dollars per occurrence. Fire and theft coverage for property belonging to Tennis Pro shall be the sole responsibility of Tennis Pro . XII . Tennis Pro shall provide adult supervision at Hamilton Park Tennis Center during all open hours . IN WITNESS WHEREOF , the parties hereto have caused this agreement to be signed as of the day and year first written above. ATTEST : CITY OF WICHITA FALLS , TEXAS BY : City Clerk Gerald G . Fox , City Manager Approved as to form: City Attorney Tennis Pro THE STATE OF TEXAS X COUNTY OF WICHITA X AGREEMENT FOR PUBLIC POUND SERVICES This agreement made and entered into as of the day of , 1979, by and between the City Council of Wichita Falls, Wichita County, Texas, as Party of the First Part, hereinafter called "City" and the Humane Society of Wichita County, Texas, in said State, as Party of the Second Part, hereinafter called the "Society". WHEREAS, the Society proposed to operate an animal shelter for the purpose of sheltering lost, unwanted, sick, and injured animals until humanely disposed of in accordance with the Wichita Falls Animal Control Ordinance and the humane prin- ciples of the said society; The parties hereto agree to the utilization of the animal shelter to be owned and operated by the Society, as the normal place of impoundment of all dogs, cats, live- stock (horses, cows, goats, etc.), and miscellaneous animals seized in accordance with the provisions of the Wichita Falls Animal Control Ordinance under the following conditions: 1. The City agrees that it is fully responsible under the provisions of the said Animal Control Ordinance for carrying out all enforcement provisions, and that the Society will not be required to apprehend and seize any animals found run- ning at large. However, the Society agrees to provide emergency service to injured, sick, or disstressed animals, and to be fully responsible for all enforcement pro- visions pertaining to observation and release of animals impounded for bites and rabies observation. 2. The City agrees that all animals apprehended and seized within the con- fines of the City of Wichita Falls by its duly appointed wardens, shall be delivered to the above described animal shelter, there to be impounded under the exclusive control and custody of the Society for periods of time as required by State law and the City Animal Control Ordinance. 3. The City agrees to pay to the Society the following fees for live animals received from within the city limits of the City of Wichita Falls: a. For animals received from wardens of the City of Wichita Falls: Dogs: $ 5.00 per animal Cats: $ 3.00 per anima] Livestock: $10.00 per animal Misc: $ 3.00 per animal b. For animals held while their owners are in jail: Dogs: $ 5.00 per animal C ats: $ 3.00 per animal Livestock: $10.00 per animal Misc: $ 3.00 per animal C. Rabies observation: $10. 00 per animal 4. The Society agrees to pay the City for the following fees: a. For all revenue from the sale of tags: $3. 00 per dog b. For impoundment fees: Livestock: $50.00 A11Other: $25. 00 C. For all boarding fees collected: $3.50 per day per animal 5. It is mutually agreed between the two parties that the City shall receive all fees in paragraph 4 of this contract and shall pay the fees due the Society in para- graph 4 of this contract within fourteen (14) days after receipt of monthly statements and reports as required in Section 13. 6. The City represents to the Society that it has in force an ordinance pro- viding for the vaccination and licensing of dogs, providing for impounding of dogs running at large, and providing for the condemnation or sale of animals, and that while this contract is in effect, such ordinances will be continued in force. The City agrees that so far as it is concerned, and to the extent that it has power so to provide, every animal not claimed and redeemed by the owner before the expiration of three days from the date of impoundment if untagged; five days if tagged; and ten days if under rabies observation, shall become the sole and exclusive property of the Society, so that neither the City nor any agency, nor agent of the City, nor of the State of Texas, nor any institution, corporation, nor individual shall have any claim or right to any animal not claimed and redeemed as provided. And the City agrees -2- that so far as it is cnneerncd, ,}Kr, SocitA,\Y ),iH Vinvo the izndisptifed right, consistent with the ordinances of the City to humanely dispose of every animal given into its custody in accordance with its principles as follows: €- To place in the home of a new owner. 1). To humanely destroy such animals as are not claimed by owners and which are not suitable for placement in new homes. 7. Society agrees that all financial statements, reports, etc. shall be on forms as approved by the City. 8. The Society agrees to accept each and every animal delivered to its Animal Reclaim Center located at Wichita County, Texas, by the wardens of the City and to provide each and every such animal with shelter, food, water, and all other humane treatment of animals coming into its custody and control. 9. The Society agrees that it will keep its animal shelter open to the public for not less than 7 hours per day on Monday, Tuesday, Thursday and Friday, and not less than 5 hours per day on Wednesday and Saturday for the purpose of giving owners ample opportunity to redeem their impounded animals. The City shall have the right to deliver animals to the Animal Reclaim Center at anytime. 10. The Society agrees that it will require every owner seeking to redeem an impounded animal to pay the appropriate impoundment fee (livestock - $50; all other - $25), plus the cost of board at the rate of $3.50 per day for each day of impoundment after the date of impoundment. Further, the Society will require the owner of every impounded animal to pay all applicable fees including registration and vaccination fees of an impounded animal which has not been inoculated against rabies and registered before redeeming such animals. 11. The Society agrees that in accordance with paragraph 6 of this agreement that, if the owner of an impounded animal shall claim the animal prior to the Society disposing of the animal under (a) or (b) of that paragraph, the Society shall collect from the owner the total impoundment, boarding and registration fees due. 12. The Society agrees to collect all impounding, boarding and registration fees from animal owners which are payable under this contract and/or existing City ordinances or any amendment thereto. And further, that the Society will send to the -3- Cite a statement of all ;inch fees collected during the preceding month. 13. The Society agrees to provide to the City by the 15th day of each month during the life of this contract a statement of its revenues and disbursements from all sources for the preceding month. The Society also agrees to provide to the City a yearly notarized statement of its revenues and disbursements from all sources, as well as a complete financial statement pertaining to impounded animals. Further, the Society agrees to provide the City with a detailed monthly record to include the following, which pertain only to animals brought in by wardens of the City of Wichita Falls from within the city limits of Wichita Falls. a. The number of dogs, cats, livestock and miscellaneous animals received by the Society. b. The number of animals euthanized. c. . The number of animals in rabies observation, to be broken down as to number redeemed by owners and number of days in custody. The City reserves the right to require a complete audit of the records at any time deemed necessary. 14. It is mutually agreed that any and all donations, contributions, or any other thing of value, given to the Society and its agents as a result of any service performed in carrying out the provisions of this contract, shall be the exclusive property of the Society, and that the City shall have no claim or interest therein. 15. It is mutually agreed that the Society shall provide facilities for rabies ob- servatton. Animals delivered to the Society by the City for rabies observation shall be isolated for a period of 10 days. Prior to being redeemed by the owner, any such animal shall be examined by a licensed Veterinarian, and the Society shall collect from the owner a fee of $3.50 per day for board and care and the cost of the Veterinarian examination. The City agrees to pay to the Society for every animal so isolated $10. 16. It is mutually agreed that the Society shall have the sole and exclusive right to determine the responsibility of persons offering to become the owners of unclaimed animals and the suitability of homes offered and shall have the sole and exclusive right to accept or reject such applicants for unclaimed animals. 17. It is mutually agreed that neither party to this contract shall be bound by any conditions not expressly stated in this agreement. Further, it is mutually agreed -4- that in all cases of conflict between this contract and the Wichita Falls Animal Control Ordinance, the Ordinance shall prevail. 18. It is agreed that all the terms of this contract shall remain in full force and effect from Cctober 1, 1979 thru September 30, 1980 and then may be extended by mutual agreement on a year to year basis and shall not be terminated by either party without written notice having first been served at least thirty days prior to the date of termination by the party desiring to terminate this contract. 19. It is mutually agreed that no member of the Humane Society Board of Dir- ectors shall have a financial interest, direct or indirect in the contract between the Society and the City. 20. It is mutually agreed that any amendments made to this contract upon being agreed to and signed by both parties shall become part of this contract. 21. It is mutually agreed that this contract revokes all former agreements, written and oral, entered into by the parties. IN WITNESS WHEREOF, the said City, and the said Society, have hereunto caused their respective corporate names and seals to be hereunto subscribed and affixed by their respective officers first thereunto duly authorized as of the day of , 1979. CITY OF WICHITA FALLS BY: City Manager ATTEST: City Clerk HUMANE SOCIETY OF WICHITA COUNTY BY: Shelter Director ATTEST: President APPROVED: City Attorney -5- i M A046(l) 249-1-18 etc. Wichita Co. STATE OF TEXAS COUNTY 0:? TRAV IS THI;; AGREEMENT, made this day of 1979, by and bi:tween the City of Wichita Falls, Texas, hereinafter called the "Cit-a", Party of the First Part, acting by and through its City Manager .and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of curb and gutter, storm sewers and incidental items within the limits of Wichita Falls on Virginia Street from Scott Street to 30th Street on Loop 473, , which is -solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Fifty Six Thousand One Hundred and No/100 Dollars ($56,100.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minutes Numbered 69333 and 70259, as they apply to the City, copies of which are attached hereto and marked "Exhibit A and Exhibit B" respectively and made a part of this agreement. 1. i NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Fifty Six Thousand One Hundred and No/100 Dollars ($56,100.00), to be used in paying for the proposed work required by the City in the City of Wichita Falls. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount if; insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and condi- tions of Commission Minutes Numbered 69333 and 70259, as they apply to the City, copies of which are attached hereto and marked "Exhibit A and Exhibit B" respectively and made a part of this agree- ment. 2. i IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF WICHITA FALLS STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part City Manager Certified as being executed for the ATTEST: purpose and effect of activating and/ or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation City Clerk Commission: By: Asst. Engineer-Director under authority of Commission Minute 70104 Recommended for execution: (State) Director, Finance 3. i 'r WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has requested assistance in reconstru tic on of grading, structures and surfacing on Virginiii Street (Loop 473) from 30th Street to U.S. Highway 287, a dis- tance o- approximately 0.6 mile; and WHEREAS, Virginia Street is included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department: to assist -.he City of Wichita Falls in such work; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Wichita Falls: Provided the City will : 1 . Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with governing policies and regulations of the Highway Department. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement, and agree to .regulate traffic, prohibit perking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will : 1 . Prepare construction plans and specifications. 2. Provide for reconstruction of grading, structures and surfacing at an estimated cost of $244,900.00 as authorized in the Texas Highway Department 1974 Urban System Program. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Up,7n acceptance of the provisions of this Order by the appropri- ate officials of the City of Wichita Falls, the State Highway Engineer is directed to enter into agreement with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilitie, , to proceed with construction as authorized herein in the most feasible and economical manner. i 'r Minute No. 69333 - Continued It is understood that the City may discharge its construction obligat- ons as outlined herein in any manner as they may elect. In the event the City desires the State to include its portion of the work in the Sta+:e's construction contract, the State Highway Engineer is hereby authori:,ed to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute Nc. 69333 October 1 , 1974 COPY "EXHIBIT A" i WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has re- q,aested assistance in reconstruction and channelization on Virginia Street ( _oop 473) from U.S. Highway 287 to East Scott Street., a distance of a )proximately 0.9 mile; and WHEREAS, Virginia Street (loop 473) is included in the Urban S.istem; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Wichita Falls in such work; NOW, THEREFORE, the Engineer-Director is directed to tender the fallowing proposal to the City of Wichita Falls : P-ovided the City will : 1 . Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with governing policies and regulations of the Department. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds , the State Department of Highways and Public Transportation will : 1 . Prepare construction plans and specifications. 2. Provide for reconstruction of grading, structures and sur- facing and channelization at an estimated cost of $415,000.00 as authorized in the 1975-1976 Urban System Program. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropri- ate oFficials of the City of Wichita Falls, the Engineer-Director is direci..ed to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the en(lineering development of the project and after the City has fulfilled its responsi- bilities, to proceed with construction as authorized herein in the most feasible and economical manner. Minute Nc. 70259 - Continued It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer-Director is hereby autho- rized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute Nc . 70259 August 1,1975 COPY "EXHIBIT B"