Min 07/03/1973 780
Wichita Falls, Texas
Memorial Auditorium Building
July 3, 1973
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 10:00 o'clock A.M. , with the following members present.
J. Winston Wallander Mayor
Harry Campsey
Harrison E. Taylor
Lonny Morrison Aldermen
Willard Still
J. C. Boyd, Jr.
Peggy McCullough
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Still.
Item 3
Moved by Alderman Campsey that minutes of the meeting held June 5, 1973, be
approved.
Motion seconded by Alderman Still, and carried unanimously.
Item 4a
The public hearing was opened on Phase III annexation of Lake Arrowhead. No
one desired to be heard.
Moved by Alderman Boyd that the public hearing be closed.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 4b
The public hearing was opened on hazardous structures. Preston McBee showed
slides of most of the structures.
Lily E. Reimers appeared, stating that she is not the owner of the property
at 305 Swallow. This property is the estate of William E. and Ellie Simpkins,
and she is Executrix of the estate. She stated that her attorney, Mr. Lynch, will
be able to explain the reasons they have neglected this property.
No one else desired to be heard.
ORDINANCE NO. 2803
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR
STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR,
VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY
(30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Taylor that Ordinance No. 2803 be passed.
Motion seconded by Alderman Still, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
781
Item 5
Mayor Wallander presented an honorary citizen award to A/lC Douglas Estill
in recognition for his being selected as Airman of the month.
Item 6a
A proposed ordinance was presented setting refuse rates on certain properties
%f abutting alley paving projects.
f ,f✓ ORDINANCE NO. 2804
ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY
PAVING PROJECTS.
Moved by Alderman Campsey that Ordinance No. 2804 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 6b
A .proposed` ordinance was presented establishing a no parking zone on the west
side of Giddings Street between Avenue C and llth Street.
ORDINANCE NO. 2805
AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC ORD-
INANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS, ESTABLISH-
ING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAYS, AND DECLARING AN EMERGENCY.
Moved by Alderwoman McCullough that Ordinance No. 2805 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 6c
A proposed ordinance was presented closing the railroad crossing at Radio Lane.
A man (no name was given) appeared representing L. R. Scheurer regarding
Beverly Industrial property. He questioned the benefits of closing this crossing.
Mayor Wallander stated that the Railroad had
Y previously requested this crossing,
and it was presented to the Planning Board for their consideration. He inquired
if Radio Lane will be opened to the south. Ernest Lillard stated that it would
depend upon the future development.
ORDINANCE NO. 2806
AN ORDINANCE CLOSING AND ABANDONING THE PUBLIC RIGHT OF INGRESS AND
EGRESS ACROSS FORT WORTH AND DENVER RAILROAD AT RADIO LANE.
Moved by Alderman Still that Ordinance No. 2806 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 7a
A proposed resolution was presented approving an extension of lease agree-
ment between the City and Beacon Baptist Church on the old Red Cross property.
RESOLUTION NO. 1428
RESOLUTION APPROVING AMENDMENT TO LEASE TO BEACON BAPTIST CHURCH.
782
Item 7a, cont'd.
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 Beacon Baptist Church, amending the lease agreement dated
April 20, 1971 is hereby approved, and the City Manager is authorized to execute
the same for the City of Wichita Falls.
Moved by Alderman Campsey that Resolution No. 1428 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 7b
A proposed resolution was presented authorizing amendments to the water purchase
contract with the City of Burkburnett. The City Manager explained that this is
S;f for an added capacity, and authorizing expenditure of funds.
RESOLUTION NO. 1429
RESOLUTION APPROVING AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY
OF WICHITA FALLS AND THE CITY OF BURKBURNETT.
WHEREAS, heretofore the City of Wichita Falls and the City of Burkburnett
entered into a Water Purchase Contract dated March 19, 1972, which contract was
authorized by Resolution No. 1397 of the City of Wichita Falls ; and,
WHEREAS, the parties desire to amend such contract, to enlarge the amount of
the capacity of the line which will be purchased by Wichita Falls from Burkburnett.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain agreement between the City of Wichita Falls and the City of
Burkburnett, a copy of which is attached hereto, which amends the Water Purchase
Contract dated March 19, 1973, is hereby approved, and the City Manager is author-
ized to execute the same for the City of Wichita Falls, Texas.
Moved by Alderman Boyd that Resolution No. 1429 be passed, and that bond funds
be used for this purpose.
Motion seconded by Alderman Campsey, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Items 7c & d
Iyy. J
Proposed resolutions were presented ratifying the City Manager's accept-
ance of - the FAA Grant offer for development of an Airport Master Plan and
j P P
authorizing the City Manager to execute a contract with Bovay Engineers, Inc. The
City Manager explained that this would be funded two-thirds by the federal govern-
ment for the master plan. Alderman Still pointed out that without the Master Plan
we would not be eligible for federal funds for this facility.
j RESOLUTION NO. 1430
A RESOLUTION RATIFYING THE ACCEPTANCE OF A GRANT OFFER FROM THE FEDERAL
AVIATION ADMINISTRATION IN THE AMOUNT OF $38,636 FOR THE DEVELOPMENT OF
AN AIRPORT MASTER PLAN.
WHEREAS, the City of Wichita Falls has submitted a Planning Grant Application
dated May 21, 1973 to the Federal Aviation Administration requesting federal parti-
cipation in the amount of $38,636 for the development of a Master Plan for Wichita
Falls Municipal Airport; and,
783
WHEREAS, the Federal Aviation Administration has approved such application
and has issued a Grant Offer for Project No. A-48-0227-01 , which provides a commit-
ment of federal funds in the amount of $38,636 for the aforementioned development,
and,
WHEREAS, the acceptance of such Grant Offer was determined to be in the interest
of the City of Wichita Falls and such acceptance was required by June 29, 1973, and,
WHEREAS, the City Manager, acting on the authority and on behalf of the Board
of Aldermen, executed acceptance of such Grant Offer on behalf of the City of
Wichita Falls on June 28, 1973;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , that the acceptance by the City Manager on June 28, 1973
of said Grant Offer of the Federal Aviation Administration for the development
of a Master Plan for Wichita Falls Municipal Airport in the amount of $38 ,636, a
copy of which is attached hereto and incorporated herein by reference, is hereby
ratified and confirmed.
Moved by Alderman Still that Resolution No. 1430 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes: Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
` RESOLUTION NO. 1431
A RESOLUTION APPROVING A CONTRACT WITH BOVAY ENGINEERS, INC. FOR THE
DEVELOPMENT OF AN AIRPORT MASTER PLAN AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SUCH CONTRACT.
WHEREAS, the Board of Aldermen by Resolution 1417, on May 15 , 1973, authorized
preliminary actions designed to develop a Master Plan for Wichita Falls Municipal
Airport and expressed therein its intention to employ Bovay Engineers, Inc. in
addition to the City staff in such development; and,
WHEREAS, the scope and division of work formulated jointly by the staff and
Bovay Engineers, Inc. to delineate respective responsibilities in the develop-
ment of said Master Plan has been approved by the Federal Aviation Administration,
which agency will assist in the cost of such development; and,
WHEREAS, a contract for consultant services has been negotiated by the City
staff for the performance by Bovay Engineers, Inc. of its portion of the develop-
ment of said Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, that said contract for consultant services between the City of
Wichita Falls and Bovay Engineers, Inc. for development of a Master Plan for
Wichita Falls Municipal Airport in an amount not to exceed $47,100 is hereby
approved and the City Manager is authorized to execute such contract for the City
of Wichita Falls.
Moved by Alderman Campsey that Resolution No. 1431 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 7e
A proposed resolution was presented authorizing the City Manager to execute
deeds to the State of Texas on tracts of land for Kell Freeway.
RESOLUTION NO. 1432 *°
RESOLUTION APPROVING CONVEYANCE TO STATE OF TEXAS OF TRACTS OF LAND AC-
QUIRED FOR KELL FREEWAY.
784
Item 7e, cont'd.
WHEREAS, heretofore, in a Judgment styled City of Wichita Falls vs. Adeline
j C. Fritz, a widow, et al, dated January 11, 1973, Cause Nos. C-4-C and C-S-B in
the 78th District Court of Wichita County, Texas, the City of Wichita Falls acquired
title to two tracts of land consisting of a 25.167 acres tract and a 3.069 acres
tract out of Denton County School Lands, League, 1, Blocks 16 and 17, Abstract No.
58 in Wichita County, Texas ; said tracts are more fully described in the judgments
in said causes; and,
WHEREAS, heretofore, in a judgment styled City of Wichita Falls vs. Adeline C.
Fritz, a widow, et al, dated January 11, 1973, Cause Nos. C-4-C and C-S-B, in the
78th District Court of Wichita County, Texas the City of Wichita Falls, Texas ac-
quired an easement for highway purposes to a 0.237 acre tract of land out of Denton
County School Lands, League 1, Blocks 16 and 17, Abstract 58 in Wichita County,
Texas ; said tract is more fully described in the judgments in said causes; and,
WHEREAS, these tracts were acquired for part of the right-of-way for Kell
Freeway, and the State of Texas will reimburse the City 50% of the cost of acquir-
ing such land when the City conveys such tracts to the State of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute and deliver for the City
of Wichita Falls a Warranty Deed and an Easement covering the tracts of land above
described to the State of Texas, for the consideration above recited.
Moved by Alderman Campsey that Resolution No. 1432 be passed.
Motion seconded by Alderman Still, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
✓1 'f
Item 7f
f
I A proposed resolution was presented authorizing the City Manager to execute
construction and maintenance agreement for Kemp Boulevard from Midwestern Parkway
to 800 feet south of Southwest Parkway.
RESOLUTION NO. 1433
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the State
of Texas, acting through the Texas Highway Department and the City of Wichita Falls,
Texas, providing for the signalization and channelization of the intersection of
Kemp Boulevard and F.M. 369 and the widening of Kemp Boulevard from F.M. 369 to near
Midwestern Parkway, is hereby approved, and the City Manager is authorized to execute
the same for the City.
Moved by Alderman Boyd that Resolution No. 1433 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
f ` Item 7g
Ernest Lillard requested approval of Supplemental Agreement No. 5 for the rail-
road relocation project in connection with Kell Freeway. This agreement pertains
to length of rail required.
Moved by Alderman Campsey that the supplemental agreement be approved.
Motion seconded by Alderman Taylor, and carried unanimously.
785
Item 7h
A proposed resolution was presented authorizing an agreement with the Civil
Service Commission regarding a police officer assessment center project for testing
procedures for civil service personnel. The City Manager explained that the cities
of Arlington, Fort Worth, and Wichita Falls would be involved in this project, and
that the total cost to the City of Wichita Falls will be $4,400.00, with $2,500.00
being paid from Public Service Career funds, and $1,900.00 in contributed funds
by members of the PSC staff.
r RESOLUTION NO. 1434
RESOLUTION APPROVING AGREEMENT WITH THE UNITED STATES CIVIL SERVICE COMMISSION
FOR DEVELOPING A PROTOTYPE REGIONAL ASSESSMENT CENTER.
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 United States Civil Service Commission, providing for
a joint project with the cities of Arlington, Wichita Falls and Fort Worth, Texas,
and the U.S. Civil Service Commission, developing a prototype regional assessment
center, is hereby approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls.
Moved by Alderman Taylor that Resolution No. 1434 be passed.
Motion seconded by Alderwoman McCullough.
Alderman Boyd stated that he is opposed to the adoption of this resolution.
His primary objection is the cities which are involved. Wichita Falls is not in
the area of the other cities. He believes that we are being the guinea pig on
the MIS program, and that we should not get involved in all the programs.
Alderman Taylor stated that he feels the objective is to eliminate human
error in the selection of good firemen and policemen. The purpose of these
psychological tests is to evaluate the type of person needed. He believes that
we could predict the outcome of an adult in certain positions as well as we can
determine the ability of a child by testing.
Following a question from Alderman Boyd, Joe Francis, Personnel Director,
explained that no travel will be involved by the City except for those applicants
to be tested, and three persons to attend the training school. (Training will be
provided at no cost) .
The motion for passage of Resolution No. 1434 was carried by the following
vote:
Ayes : Mayor Wallander, Aldermen Campsey, Taylor, Morrison, Still, and
McCullough
Nays : Alderman Boyd.
Item 7i
A proposed resolution was presented restricting a certain 8-acre tract in
J
Lucy Park to open space usage.
RESOLUTION NO. 1435
RESOLUTION IMPOSING DEED RESTRICTION ON 8-ACRE TRACT IN LUCY PARK.
WHEREAS, heretofore by deed dated February 20, 1973, recorded in Volume 1135,
Page 408, Wichita County Deed Records, reference to which is here made, the City
of Wichita Falls acquired from Gwendolyn C. Jerauld the surface of a certain 8-acre
tract of land to be incorporated into Lucy Park; and,
WHEREAS, the City has obtained from the Department of Housing and Urban
Development a grant for acquisition of certain land for and development of Lucy
Park, and such Department has required that a deed restriction be imposed on such
land, providing that it may not be converted to other than open space usage with-
out prior approval of such Department.
786
Item 7i, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
There is hereby imposed upon the 8-acre tract of land above described a deed
restriction providing that such 8-acre tract of land shall not be converted to
other than open space usage without the prior approval of the Department of Housing
and Urban Development.
Moved by Alderman Campsey that Resolution No. 1435 be passed.
Motion seconded by Alderman Still, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 7 '
A proposed resolution was presented approving an easement to Community Telephone
Company, Inc. , for an underwater telephone cable at Lake Arrowhead.
RESOLUTION NO. 1436
RESOLUTION GRANTING TO COMMUNITY TELEPHONE COMPANY, INC. AN EASEMENT FOR
AN UNDERWATER TELEPHONE CABLE AT LAKE ARROWHEAD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
i THAT:
That certain easement and right-of-way, a copy of which is attached hereto,
wherein the City grants to Community Telephone Company, Inc. an easement for an
underwater telephone cable across Lake Arrowhead, is hereby approved, and the Mayor
is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Campsey that Resolution No. 1436 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays: None.
Item 8a
Bids were considered on the waste water treatment plant improvements. It was
recommended by John Ruhmann, Director of Water Development, that the low bid be
awarded to Katy Engineering Company, Houston, Texas, in the amount of $4,398,000.
RESOLUTION NO. 1437
RESOLUTION AWARDING CONTRACT TO KATY ENGINEERING COMPANY FOR CONSTRUCTION
OF WASTE WATER TREATMENT PLANT IMPROVEMENTS.
WHEREAS, the City of Wichita Falls has advertised for bids for the construc-
tion of certain waste water treatment plant improvements; and,
WHEREAS, five bids were received, and it is found that the bid of Katy Engineer-
ing Company in the amount of $4,398,000 is the lowest and best bid.
t
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
Said bid of Katy Engineering Company in the amount of $4,398,000 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita
Falls a contract with Katy Engineering Company for the construction of such waste
water treatment plant improvements, subject to authorization from the Environmental
Protection Agency.
787
Item 8a, cont'd.
Moved by Alderwoman McCullough that Resolution No. 1437 be passed, awarding
the bid as recommended.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 8b
1` John Ruhmann, Director of Water Development, requested that the City Manager
be authorized to purchase cathodic protection for the 3 million gallon water storage
tank at Cypress Street water treatment plant. Investigations have been made, and
Wallace and Tiernan are apparently the only manufacturer available. It is recommend-
ed that Wallace and Tiernan be authorized to install this equipment for the amount
of $7,075.00, and that material and labor for the electrical work be purchased in
the amount of $600.00, for a total amount of $7,675.00.
Moved by Alderman Still that the City Manager be authorized to make this pur-
chase, as requested.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 8c
It was recommended by Ben Shelton, Director of General Services, that the low
�j . bid for 180 tons of liquid chlorine for water purfication be awarded to SEC Corpora-
tion, Fort Worth, in the amount of $21,780.00.
Moved by Alderman Campsey that the bid be awarded as recommended.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 8d
1 It was recommended by Ben Shelton, Director of General Services, that the low
r/r bid for 142,000 pounds of fluoride for the city's water supply be awarded to W. R.
1 Grace and Company, Baltimore, Maryland, in the amount of $3,003.30.
Moved by Alderman Campsey that the bid be awarded as recommended.
Motion seconded by Alderman Still, and carried unanimously.
F Item 8e
{ Bids were considered on a tandem roller for the Street Department. Ernest
Lillard explained that the low bidder did not meet specifications, nor was the
second bid acceptable. The third low bidder, Plains Machinery Company, Dallas, in
the amount of $8,993.00, is $550.70 higher than the lowest bid. They have indicated
a 120 day delivery time, but have offered the use of a used machine of the same
design at no charge until the new machine can be delivered. The use of this machine
will be most advantageous to the City because the only other roller available to
the City is in the shop for repairs, and parts have not been available to make
the repair. He recommended that the bid be awarded to Plains Machinery Company in
the amount of $8,993.00, and that their offer of a used machine until delivery
of the new machine be accepted.
Moved by Alderman Taylor that the bid be awarded as recommended.
Motion seconded by Alderwoman McCullough, and carried unanimously.
788
Item 8f
It was recommended by Ernest Lillard that the low bid of Ace Fence Company,
Wichita Falls, be accepted in the amount of $5,013.82 for materials and labor for
installation of the fence at the sanitary landfill.
Moved by Alderman Still that the bid be awarded as recommended.
I
Motion seconded by Alderman Taylor, and carried unanimously.
Item 8g
Bids were considered on swimming pool facilities in Lucy Park. It was recommended
that the low bid of Westmoreland Pool Company, Wichita Falls, be accepted in the
amount of $79,718.52.
RESOLUTION NO. 1438
RESOLUTION AWARDING CONTRACT FOR SWIMMING POOL FACILITIES IN LUCY PARK
TO WESTMORELAND POOL CO.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of swimming pool facilities in Lucy Park; and,
WHEREAS, two bids were received, and it is found that the bid of Westmoreland
Pool Co. in the amount of $79,718.52 is the lowest and best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
Said bid of Westmoreland Pool Co. , in the amount of $79,718.52 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita Falls
a contract with Westmoreland Pool Co. for the construction of such swimming pool
facilities.
Moved by Alderman Campsey that Resolution No. 1438 be passed, awarding the
bid as recommended.
Motion seconded by Alderman Taylor, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 9a
r`
Permission was requested to advertise for bids for sanitary sewer extensions
for Washex and Pittsburg Plate Glass property.
Moved by Alderman Campsey that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Boyd, and carried unanimously.
Alderman Morrison abstained from voting.
Item 9b
Permission was requested to advertise for bids to replace a mercury seal on a
trickling filter distributor at the Waste Water Treatment Plant.
p Moved by Alderman Taylor that authority be granted to advertise for bids as
requested.
Motion seconded by Alderwoman McCullough, and carried unanimously.
1
r
Item 9c
City Manager Gerald Fox requested authority to advertise for bids for the sale
t
789
Item 9c, cont'd.
of city-owned property adjoining the North Scott Avenue railroad overpass. These
lots are described as Lots 1 through 7, Block 33, Original Town. The land was
purchased by the City in 1937 for $1,600.00. No projected use of this property is
being made by the City. He recommended that the minimum bid be set at $2,000.00.
Moved by Alderman Still that authority be granted to advertise for bids as
recommended, and that bid forms be sent additionally to the Wichita Falls Board
of Commerce and Industry.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 10
J
Moved by Alderman Campsey that minutes of the meetings of the following boards
j and commissions be received.
r�
a. Planning Board - June 13, 1973
b. Electrical Examiners Board - June 12, 1973
C. Traffic Commission - June 12, 1973
Motion seconded by Alderman Taylor, and carried unanimously.
Item lla
F
Ernest Lillard, Director of Public Works, recommended that a public hearing
on demolition of hazardous structures be held on August 7, 1973, at 10:00 A.M.
4 ,
u Moved by Alderman Still that the public hearing be held as recommended.
Motion seconded by Alderman Boyd, and carried unanimously.
Item llb
✓ The bus system route reduction was considered. The City Manager explained
that for the past year the system has been losing money. He is recommending
elimination of the Barwise route, and the Kemp-Hayes route south of Kell. Elimina-
tion of these routes would reduce the deficit from approximately $40,000 to approxi-
mately $22,000 annually.
Mrs. Williamson appeared from the Faith Village area regarding the Kemp-Hayes
route. She stated that the people in this area who ride depend on the bus. She
stated that she does not have a drivers license, and this is her only means of
transportation. She suggested that service be decreased instead of being cut off.
Perhaps the zone fare could be increased.
Margaret Davis, Fort Worth Street, appeared regarding the Barwise route. She
felt that if the bus system were better that more people might ride.
Mrs. John KLig appeared regarding the Kemp-Hayes route south of Kell. She
stated that the bus is needed out there. She feels the City would be very short-
cited if they cut from Parker Square and Kell. She believes the bus should be re-
routed so that it would pick up more. She suggested another route.
Lila Amoson, 713 Oak Street, stated that for those who are riding the bus, it
is the only means of transportation to go to work and shopping, also. If they take
the bus off she will not be able to continue working, but will have to come to
the City for help. She requested that it not be taken off entirely. The Mayor
pointed out that it is the citizens ' tax dollars that the Council is trying to
save. The Council is studying the updating and purchase of new city busses.
Helen Potts, 1809 Ardath, stated that she has been riding the busses for over
50 years. She has used the Hayes bus at different times of the day. She feels if
they could give the citizens service morning and night, it would help.
John Kleig stated that there are a lot of people in this town who cannot drive
a car. Some people are not able to own a car. He feels more people would ride
the busses if there was a selling job done on it.
790
Item llb, cont'd.
Alderman Taylor stated that he feels we should consider the ideas given, and
moved that this matter be tabled until. the next council meeting for further study.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Alderman Still requested the Director of Traffic to reduce the service on
the Kemp-Hayes and other routes. The City Manager stated that the Barwise route
is already being operated on a morning and afternoon basis. Alderman Still also
inquired what type of increase in fares would it take to sustain the system on
a less deficit?
Item llc
f ;
Y
The City Manager requested that a contract be authorized between the City
and County to create a Wichita Falls Community Center for Mental Health and Mental
Retardation to serve Wichita County.
Moved by Alderman Still that the City Manager's recommendation be followed,
and that the following persons be appointed, with expiration terms as shown.
Paul Irwin - 7-10-74
Mrs. Carol Russell - 7-10-74
Dr. William Rector - 7-10-74
Joe Singer - 7-10-74
Joe Bailey Meissner, Jr. - 7-10-75
Marvin Brown - 7-10-75
Mrs. Ed Hart - 7-10-75
Dr. James Brosch - 7-10-75
Dee Tate - 7-10-75
Motion seconded by Alderman Campsey, and carried unanimously.
+ Item lld
Consideration was given to the petitions presented for policemen and firemen
salary increases. The Mayor stated that certification of the petitions had been
received from the City Clerk. City Attorney H. P. Hodge, Jr. , stated that the
90 days should be counted from the date the petitions were presented on June 5.
September 3 would be the expiration of the 90 days, so an election should be called
for September 3, or earlier. Mr. Hodge stated that the statute calls for "The
proposed minimum salary of $ per month for Firemen and Policemen." The
petitions filed call for two different figures. He is at a loss to know what to
put on the ballot. He stated that he had done some research to find cases to
construe the statute, and he cannot find any. He mentioned four alternatives :
1. The Council can adopt the minimum salaries as filed.
2. The Council could call an election with two propositions, which might be
questionable.
3. The Council could take no action at all, and conclude that an election
cannot be called at all.
4. The Council could direct the Legal Department to file a suit for a
declatory judgment, and ask the local district court to construe the
statute.
Mr. Hodge recommended that the fourth alternative be followed.
Cletus Schenk, Attorney, stated that there would be no way of putting it on
the same proposition unless the salaries were set the same. He stated that if
Mr. Hodge desired to file a declatory judgment they would be happy to cooperate
with the Courts.
Moved by Alderman Still that the recommendation of the City Attorney to seek
a declatory judgment be accepted.
Motion seconded by Alderman Taylor, and carried unanimously.
T
Item lle
Moved by Alderman Boyd that Tax Adjustments Numbers 16980 through 20387 be
approved, for a total amount of $16,191.41.
Motion seconded by Alderman Still, and carried unanimously.
V Item 12
Alderman Still gave a report of the Committee on the infant care project.
They recommended that the $14,500 requested by the Children and Youth Action Council
for a pilot program be awarded from revenue sharing funds, and that it be made in
the form of a contractual obligation between the City and the Children and Youth
Action Council. The intent of the Committee and City Council would be that this
be a one-year pilot program, and that we are not incurring on the City of Wichita
Falls the responsibility of the program for more than one year. The Committee
also recommended that the 99 year lease with the West Texas Children's Aid Society
for property upon which the Fowler Home is located be voided, and that we deed the
property to the Fowler' Home for sale and construction of a new facility at a new
location, and that in the deed it would provide a reversionary clause that if
the proceeds were not placed in the new facility that the proceeds revert back
to the City instead of the Fowler Home.
Moved by Alderman Still that the City award $14,500 from revenue sharing funds
to the Children and Youth Action Council for a one-year pilot program to implement
a day care program under contract agreement.
Motion seconded by Alderwoman McCullough, commending Mr. Still and the Committee,
stating that much knowledge came to light in this study.
Alderman Campsey stated that he believes it may be funded the wrong way. It
should be funded by private contributions.
The motion was carried by the following vote:
Ayes : Aldermen Taylor, Morrison, Still, Boyd, and McCullough
Nays : Alderman Campsey.
Moved by Alderman Still that the City deed the property being used by the
Fowler Home to the Board of the West Texas Children's Aid Society, with the rever-
sionary clause mentioned.
Motion seconded by Alderman Boyd.
Alderman Morrison stated that he would hate to see us turn over this property
to the Fowler Home without any way of retaining a lien or exercising some control
over it. The City Manager stated that the Children's Aid Society wanted the deed
to the land so that they can sell the property and invest the funds into a new
facility.
The motion was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Still, Boyd, and McCullough
Nays : Alderman Morrison.
John Dibble appeared as a representative of the East Side Community Develop-
°� ment Association. He stated that a minority of people misuse Williams Park, so
that a family is not welcome there. He inquired what avenue they should take to
get the streets dedicated, and if traffic could be restricted to one side. He
also stated that the reconstruction of Duncan Street extended to Eastside Drive
f has been promised since 1967. He also brought up the railroad crossings from the
' 4t East side. Many times 3 intersections are blocked at the same time for as long
as 30 minutes at a time. He stated that if a bridge could be built, it would
eliminate this problem. He requested a change of priorities to construct Kell
Boulevard from that end of town.
The Mayor stated that unless an oridinance or resolution was passed concern-
ing Duncan Street, it may not have been a promise, but discussion. The City
792
Manager stated that Duncan Street was done under the City's reconstruction program
because it has some paving. The other section does not have any paving, and it
could be included in the assessment paving program if the citizens desired. He
explained that money has been appropriated for purchase of right-of-way, and hopes
it can be completed in next year's TOPICS paving program.
Mayor Wallander inquired if the abusive persons in Williams Park are of a
rough type, drinking, bad languate, etc? Mr. Dibble stated that he felt they were.
The Mayor inquired that if strict police enforcement were institited, would the people
of East side support them? Mr. Dibble stated that they would. The City Manager
stated that they would work out this problem.
The meeting adjourned at 1:05 P.M.
PASSED AND APPROVED this day of 1973.
< Z
Mayor
ATTEST:
City Clerk
i
� y � �
'7
AMENDMENT OF WATER PURCHASE CONTRACT
WHEREAS , heretofore the City of Wichita Falls and the
City of Burkburnett entered into a water purchase contract
dated March 19 , 1973 ; and ,
WHEREAS , the parties desire to amend Section 1 . 5 and
Section 1. 6 of said contract .
Now, therefore , for and in consideration of the mutual
benefits to be derived by the parties by the amendment of
such contract, do hereby agree as follows :
1. Section 1. 5 of said contract dated March 19 , 1973
is hereby amended so that it shall read as follows :
"Section 1 . 5 : City shall purchase the equivalent of an
eight inch (8") capacity in the transmission line from
Delivery Point to Metering Point. This purchase shall be
accomplished by the City paying to Burkburnett the equivalent
cost of constructing an eight inch (8" ) water main from
Delivery Point to Metering Point as determined either by bid
or the going costs of such construction at the time of bidd-
ing. City shall have the right, through its Director of
Public Utilities , to authorize connections to the transmission
line between Delivery Point and Metering Point (south extra-
territorial jurisdiction line of Burkburnett) . "
2. Section 1. 6 of said contract dated March 19 , 1973
is hereby amended so that it shall read as follows :
"Section 1 . 6 : Connections to the transmission line by
the City as authorized in Section 1 . 5 shall be made for total
water usage up to and including the estimated capacity of an
eight inch (8" ) water main (1 ,600 , 000 gallons per day) . This
amount may be increased or decreased by` mutual agreement of
both parties . At the time that this ultimate capacity is
reached, City may either refuse to authorize further connec-
tions into the transmission line between Teetering Point and
Delivery Point or choose to construct a parallel water trans-
mission/distribution line to serve anywhere between the
Delivery Po.i.nt and Metering Point. If the latter option is
chosen, Burkburnett will repay to the City the depreciated
value of the equivalent eight inch (8" ) water line cost. All
connections will then he removed from the Burkburnett trans-
mission line by the City. Burkburnett may also request the
removal of City connections .,�y pa- -1 ng to the City the
depreciated value of the equivalent. eight. inch (8 ") water line
cost with at least a nine (9) month: notice o,= such action.
Such action may be taken only alien such capacity is needed to
meet Burkburnett service requirements . 'lie depreciated value
of the equivalent eight inch (8" ) water_ line shall be determined
on a straight line basis as follows : the original value shall
be the amount paid by City to Burkburnett as provided in Section
1. 5 above, and this value shall he depreciated at the rate of
2% per year from the time Burkburnett starts buying water under
this Contract. "
IN WITNESS WHEREOF , the parties have caused this agreement
to be duly executed this the _— day of July, 1973 .
CITY OF W:LC11ITA FALLS , TEXAS
B�7
City Manager
ATTEST:
City Clerk
CITY OF BURKBURNETT , TEXAS
By .
ATTEST:
City Secretary
2 -
- AGREEMENT -
COOPERATIVE SHARED-COSTS RE' RUTTING AND EXAMINING
The United States Civil Service Commission, as authorized by Section 204(a) of the Intergovernmental Personnel Act of
70 (P.L. 91-648), and the City of Wichita Falls, Texas join, hereby,
on a shared-costs basis, in cooperative recruiting and examining activities as agreed to below: '
1. DESCRIPTIVE TITLE: 2. CSC AGREEMENT NUMBER: -
Prototype Regional Assessment Center
3. NATURE AND SCOPE OF COOPERATIVE ACTIVITIES:
A joint project with the Cities of Arlington, Wichita Falls, and Fort Worth,
Texas, and the U. S- Civil Service Commission, developing a prototype regional
assessment center, to be located in Fort Worth, Texas. The proposal is,
initially, to establish u valid and job-related applicant appraisal method
for police officers and certain applicants for positions in the Federal civil
service.
(see attached narrative description of project.)
4. ARRANGEMENTS FOR SHARING COSTS:
The project will involve the Cities of Arlington, Wichita Falls, and Fort Worth,
Texas, on a cooperative cost-sharing basis with the Civil Service Commission.
Contribution by the City of Wichita Falls will be $2500, plus in-kind services of P.
$1900, as shown below. Arlington is expected to provide an equal amount, and ��
Fort Worth is to provide $2500 plus in-kind services of $3800. The total outlay
of the municipalities is expected to be $15,100, and the Commission's contribu-
tion is to be $14,650.
In-Kind Services:
Personnel Technician (330 hours @ 4.6.b/hr)..-...-$1520
Clerk-Typist (113 hours @ $3.35/hr)............... 380
Contract Price: ................................... 2 00 `
- 0
5. ADMINISTRATION:
The project will be conducted by the U. S. CSC Dallas Regional Office, under the
direction of Dr. R. E. Smith, and will last approximately nine (9) months,
Facilities are to be provided by the City of Fort Worth. If suitable contractual
arrangements between the jurisdictions involved can be made on a timely basis,
work on the project can begin shortly after June 1, 1973-
I
6. AUTHORIZATION
FOR THE STATE OR LOCAL GOVERNMENT(S):
NAME TITLE OFFICE
Gerald �. FQx City Manager Administration F
SIGNATURE I? DATE ?
July 3, 1973
FOR THE CON ISSION: -�
NAME TITLE OFFICE
SIGNATURE DATE �!
, OR CSC USE:
GPO 840-721 CSC FORM 1112 NOVEMBER 1971
THE STATE OF TEXAS X
COUNTY OF WICHITA X
AMENDMENT TO LEASE AGREEMENT
WHEREAS , heretofore, the City of Wichita Falls and Beacon
Baptist Church entered into a lease agreement dated April 20,
1971, whereby the City leased to the Church a certain tract of
land containing .25 acres out of Lot 1-B, as shown on the
replat of Lot 1, Block 7 of the Bellevue Addition to the City
of Wichita Falls; and,
WHEREAS , the Church has requested that the City extend
the term of this lease to December 31, 1974, and the City is
agreeable to doing so.
Now, therefore, for and in consideration of the mutual
covenants herein contained, the City of Wichita Falls and the
Beacon Baptist Church do hereby agree that such lease dated
April 20, 1971 be, and the same is hereby, amended as follows:
1. Section 2 of such lease agreement is amended so that the
term of such lease shall be extended to December 31, 1974.
2. Section 7 of such lease agreement is amended so that it
shall read as follows :
"7. At any time after June 1, 1973, Lessor shall have the
right to terminate this lease by providing Lessee with a ninety
day notice in writing. In this event, Lessee shall have the
right to remove the structure at its cost with no further compen-
sation due Lessor. At the expiration of this lease, Lessee shall
have the right to remove the structure at its cost within thirty
days, with no further compensation due Lessor. "
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the 3rd day of July, 1973.
CITY OF WICHITA FALLS, TEXAS
By:
ATTEST: Gerald G. Fox, City Manager
City Clerk
BEACON BAPTIST CHURCH
By:
-12
EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF CLAY
That the City of Wichita Falls , (Grantor) acting herein
by and through its duly authorized Mayor, of Wichita County,
Texas , for and in consideration of One and no/100 Dollars
($1. 00) in hand paid by Community Telephone Company, Inc. ,
a corporation, of Windthorst, Archer County, Texas (Grantee)
has granted, sold and conveyed, and by these presents does
grant, sell and convey unto Grantee, its successors or assigns ,
an easement of right-of-way for an underwater telephone
cable , and all necessary or desirable appurtenances, at
or near the location where said cable is submerged, described
generally as follows , to-wit:
BEGINNING at a point on the West side of Lake
Arrowhead at an elevation of 936 feet, said
point being 636 feet East of the West line
of the W. Spavin Survey, Abst. 422 and 2488
feet South of the North line of said Spavin
Survey;
THENCE Southeasterly across Lake Arrowhead
to a point 932 feet above sea level , said point
being due West of the Southwest corner of Lot
12 , Section II, Bunny Run Estates , according
to a plat thereof of record in Vol . 227 , Page
172 , Clay County Deed Records.
Grantor recognizes that the general course of said
cable as above described may vary from the actual location,
and hereby agrees that the easement hereby granted shall
apply to the actual location of said cable when construction
is completed.
Together with the right of ingress and egress over
adjacent lands to or from said right-of-way for the purpose
of inspecting, maintaining, constructing and removing said
cable and appurtenances; the right to relocate along the
same general direction of said cable; the right to prevent
possible interference with the operation of said cable,
or to remove possible hazard thereto.
r-
Grantor also grants and conveys to Grantee, the right
to lay cable on each lot owned by Grantor at either end of
the course of said cable above described, for the purpose of
reaching dwellings and other structures situated on said lot,
for the purpose of connecting telephone service. This ease-
ment is conveyed to Grantee for the purpose of serving lands
within the service area of Grantee.
Whenever Grantee is doing any construction or maintenance
work on said easement, it shall provide all necessary barricades ,
warning signs and signals , and warning lights in order to pro-
vide safety of travel to all persons who might travel along or
across such easement. Further , Grantee shall indemnify Grantor
from all claims and causes of action for damages which might
arise out of the use of this easement by Grantee.
Grantee shall bury such cable on each end from a point
above elevation 930 feet M.S.L. to a point in the lake as far
as possible. The cable shall be placed and kept on the floor
of the lake by Grantee, and it shall be weighted at the point
of crossing the river.
TO HAVE APJD TO HOLD the above described easement and
right unto the said Grantee, its successors and assigns , until
said line shall be abandoned and removed. And Grantor does
hereby bind itself, its successors and assigns to warrant and
foreever defend, all and singular the above described easement
and right unto the above said Grantee, its successor and assigns,
against every person whomsoever lawfully claiming or to claim
the same or any part thereof. f
Executed this day of �'�� 1 I 1973.
CITY OF WICHITA FALLS , TEXAS
f
inston Wallander, Mayor
ATTEST:
City Clerk
2 -
STATE OF TEXAS
COUNTY OF WICHTA
BEFORE ME , the undersigned authority, on this day personally
appeared Winston Wallander , Mayor of the City of Wichita
Falls , Texas , known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated as
the act and deed of said corporation.
Given under my hand and seal of office , this
day of 1���� � 19 7 3 .
Notary Public in and for
Wichita County, Texas
- 3 -
DEPARTMENT OF TRANSPORTATION p y
FEDERAL AVIATION ADMINISTRATION PAGE 1 OF 6 PAGES
PLANNING GRAN-i AGREEMENT
PART I — OFFER
DATE OF OFFER JU,i u 5 1973
TYPE OF PLANNING GRANT:
AIRPORT MASTER PLANNING FOR PROJECT NO. A-48-0227-01
-Wi-chi-La—Eal ls--thini cip al Airport
ldi chi to Falls, Teas CONTRACT NO. DOT FA 73 SW-1236
AIRPORT SYSTEM PLANNING FOR
T0: The City of 1%1ichita Falls, Texas,
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the
.,FAA").
WHEREAS, the Sponsor has submitted to the FAA,an Airport Master Planning Grant Application
(A(astrr or System)
waled, Play_21,_ 19732___ _ (herein called the "Planning Application"), for a grant of funds
for a project for the development for planning purposes of information and guidance to determine the extent, type, and
nature of development needed for Wichita Falls Municipal Airport, Wichita Falls, Texas,
(airport area name and/or location)
(herein called the airport ),which Planning Application as
I (airport or area)
approved by the FAA is hereby incorporated herein and made a part hereof;and WI IEREAS, the FAA has approved a project
for the development of plans for the ai_raart (herein called the "Planning Project")consisting
(airport or area)
Of the following approved airport ma-51er planning:
(master or system)
Develop a master plan for Wichita Falls Municipal Airport to determine the extent,
type, and nature of development needed based on short, intermediate and long-range
aeronautical demands. The study will examine and subsequently develop one of
three alternatives :
1. Continue developing the civil_ terminal area at Municipal Airport as
the only publicly-ot�nled general aviation and air carrier facility.
2. Continue developing the civil terminal area at Municipal Airport to
accommodate air carrier activity, and develop a new publicly-owned
general aviation facility at an existing or new airport site.
3. Discontinue civil use of Municipal Airport and develop a new publicly-
owned air carrier/general aviation facility at an existing or new
airport site.
all as more particularly described in the Description of Work Program incorporated in the said Planning Application;
FAA Form 5900-1 PG 1 ttat�
PAGE 2 OF 6 PAGES
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development
Act of 1970, as amended, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Planning Application, and its acceptance of this Offer, as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the airport master
(master or system/
planning included in the Planning Application, THE, FEDERAL AVIATION ADMINiSTRATiON, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay,as the United States share _ 66-2/3
percent of the allowable costs incurred in accomplishing the Planning Project,subject to the following terms and conditions:
1. The maximum obligation of the United States payable tinder this Offer shall be $ - 38,636,00
2. The FAA, for and on behalf of the United States, may by written notice terminate or suspend this grant in whole
or in part,or withhold payment,in the event that it finds that the Sponsor has:
a. Failed to comply with Federal law or with any of the terms and conditions contained in this Planning
Grant Agreement:
b. Failed to carry out the Planning Project as approved;
C. 1Lide unauthorized ur improper use ofgrant funds;
d. Submitted any application, report. or other document which contains a misrepresentation of a material
nature or is incorrect or incomplete in any material respect;or,
C. 1f for any reason continuation of the approved Planning Project is rendered impossible,ineligible,or iliegal.
The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the
notice of termination or suspension. In such case termination or suspension shall not affect any otherwise valid
and allowable obligations made in good faith prior to receipt of notice of termination or suspension.
3. The Sponsor shall:
a. Begin accomplishment of the Planning Project within thirty days after acceptance of this Offer,
with failure to do so constituting just cause for termination of the obligations of the United States here-
' under by the FAA;
b. Carry out and complete the Planning Project without undue delay and in accordance with the terms
hereof, the Airport and Airway Development Act of 1970, and Sections152. 121-152. 143 of the
Regulations of the Federal Aviation Administration ( 14 CFR 152 ) in effect as of the date of
acceptance of this Offer;which Regulations are hereinafter referred to as the"Regulations";
C. Carry out and complete all planning work in accordance with the Description of Work Program, incorpo-
rated herein, or as it may he revised or modified with the approval of the FAA and in accordance with
design standards and planning criteria established by the FAA;
FAA Form 5900-1 PG 2 (1-71)
i
PAGE 3 OF 6 PAGES
I
4. Tlie allowable cost-, of the project shall not include any costs determined by the FAA to be ineligible for consid-
cration as to allowahility under Section 152. 137 -_of the Regulations.
I
5. Pavnxnt of the United States shale of the allowable project costs will be made pursuant to and in accordance
with the provisions of Sections 152. 139-152J, 11,c Regulations. Final determination as to the allowability of
the costs of the project will be made at file time of file final grant payment pursuant to Sectio11_152. 141(b)
of the Regulations and final reimbursement will be made after final review,audit,and acceptance by FAA of the
completed Planning Project and after all conditions relating to the Planning Project have been satisfied.
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor.
7. This Offer shall expire and the united States shall not he obligated to pay an art of the costs of the Planning
Project unless this Offer has heen accepted by the Sponsor on or before .Jy 2 9 1373
or such subsequent date as may be prescribed in writing by the FAA.
I.
j 4. All financial records pert;iinilig to file Planning Project shall he made available to authorized representatives of the
FAA and the Comptroller General of the United States in conformity to Section 152. 143 of the Regulations.
I
9. The Sponsor will, at such times and in such manner as the FAA may require, furnish FAA with periodic reports
and statements perfainim, to the Planning Project and planning work activities and other related matters covered
hereunder.
10. Sp(msors shall subn'it I'm I AA approval prior to their execution all private party or public body contracts to do
j all or ally part of' the Planning Project. These contracts shall include applicable terms and conditions as specified
by the FAA.
' 11. -Elie FAA rescrves the ril�ht to disapprove the Spnnsor's employrtrent of specific consultants and their subcc,,l•
i
tractors to do all or any part of the Planning Project and further reserves the right to disapprove the proposed
t scope and cost of the professional services.
I
I
12. ]'lie FAA reserves the right to disapprove the use of professional level employees of the Sponsor when such em-
ployces are designated by the Sponsor to do all or part of the Planning Project.
13. All published material such as reports. maps, and other documents prepared in connection with the Planning
Project and planning work activities shall contain a standard notice that cite material was prepared under an Airport
Plas ter Planning Grant provided by FAA. The Sponsor shall make these documents available
(31asrer or Sys(rm)
for examination by the public.
In addition, no material prepared in connection with the Planning Project and planning work activities sha!i be
suhject to copyright in the United States or in any other country. The FAA shall have unrestricted authority to
publish, disclose, distribute, and otherwise use,in whole or in part,any reports,data,or other materials prepared
with Airport Planning Giant fiends.
14. The Sponsor a,lecs tO c(III(I rt th_ Plannin Project in compliance \pith all the requirements imposed by or p,Ir•
suant to title Vi of the Civil Rights Act of 1904 and by Part 21 of the Regulations of the Office of the Secretary
of Transportation,as amended.
I
FAA Form 5900-1 PG 3 (t-rr)
• PAGE 4 oF_6 PAGE9
I
15. The Sponsor agrect that neither the approval of the Phnning Application nor the tender of this Offer nor the
approval of the final airport rla zee _planning report constitutes an assurance or commitment,
(maTter or custom)
express or implied.by the IAA, that any airport dcveltj mint or unit thereof shown in the planning developed as
part of this Planning Application will be approved for inclusion in any pending or future Airport and Airway
development Program under the Airport and Airway Development Act of 1970.
16. It is understood and agreed by the parties hereto that the amount of $1, 100.00
will be deducted from the total project costs if the plan of development
ishown as Alternate I in the Description of Work Program dated May 21, 1973, is
selected as the conclusion for Phase I of this project and a public hearing is
not required.
17. It is understood and agreed by the parties hereto that should development of
a new airport site be the conclusion for Phase I of this project, the Sponsor
will obtain FAA approval of the site selected prior to beginning work on,
i Phase III of the project, such approval being conditioned on subsequent
satisfactory environmental impact considerations.
18. It is further understood and agreed by the parties hereto that the maximum
obligation of: the United States as set forth in paragraph 1 on page 2 of this
agreement is based on the work to be accomplished under Alternate III of the
Description of [work Program dated May 21, 1973. If Alternate I is selected
as the conclusion for Phase I, it is understood and agreed that the maximum
obligation of the United States will be $21,760.00 and that the maximum ob-
ligation of the United States will be $37,063.00 if Alternate II is selected.
19. It is further understood and agreed that all work to be accomplished under
l this project will be performed in accordance with FAA Advisory Circular
150/5070-6, Airport Master Plans .
I
I 20. It is also understood and agreed that if a major airport development action,
including, but not limited to, construction of a new airport, construction
of a new runway or extension of an existing runway, is the conclusion
reached at the completion of Phase I, an environmental impact statement will
f be prepared and coordinated in accordance with FAA Order 5050.2, and that
such statement will be prepared in conjunction with the preparation of the
airport layout plan, land use plan, and terminal area plan.
i
I
I
I
i
,I
FAA Form 5900-1 PG 4 (r-rr)
PAGE oF_6 PAGES
The Sponsor's acceptance of fills Offer and ullificaliwi and atl,r;,iion of the Planning Application incorporated
herein shall be evidenced by execution of this inslnnnenl by Ihr, 'yonsor,as hereinafter provided,and said Offer
and Acceptance shall comprise an Airport I1a !_'t__ ___Planning Grant Agreement, as provided by
/Master or.tiy.slr'r?i)
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States
and the Sponsor with respect to the accomplishment of the Planning Project. Such Airport Mas ter
(Master or System) i
1
Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. t--
UNITED STATES OF AMF.RICA
FEDERAI VIATION A N11 ' 'TRATiON
BY
(Title)
Chief, Fort Worth Airports District 0 fice
PART 11 — ACCEPTANCE
Thc_(��ty of idicliita Falls.. 'Leaas
referred to as (he "Sponsor")does herehv ratify and adopt
all aatrnrrnts, representations,wan antics,covenants.and ahrcemcn(s contained in the Airport_Etas ter
(Vaster or System)
Phnuong Grant Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer
and by such acceptance agrees to all of the (crnis.Ind condilions thereof.
Lxecuted in its name by its undersigned officer on this 28 day of_ June , 19_73
Wichita Falls County of Wichita
State of Texas
CTTY OF 11T OI T TA FALLS, TEXAS
(SEAL) (LEGAL NAME OF SPONSOR/COSPONSOR)
BY v�(/�J�
(9 1 JATURE OF A T AORlZIJD OFFICER) ,
City Manager
(TITLE OF AUTHORIZED OFFICER)
v
Title:
i
I
1
Fxecuted in its name by its undersigned officer on this day of , 19 ,
in County of—
Slate of
(SLAL) (LEGAL rtAME OF COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER)
Attest:
(TITLE OF AUTHORIZED OFFICER) '
Title:
FAA Form 5900-1 PG 5 (1-71)
PAGE 6 OF 6 PAGES
1
Executed in its name by its undersigned officer on this day of 19
in--- Cf,,urly of— _..._
Slate of
,
(SEAL) (LEGAL NAME OF COSPONSOR) t
BY
(SIGNATURE OF AUTHORIZED OFFICER)
Attcst:
Title: (TITLE OF AUTHORIZED OFFICER)
I
1
1
CERTIFICATE OF SPONSOR'S ATTORNEY I
L y�z �' �_ ,acting as Attorney for the City of l
ll .cn�a Fall xa —
I
(herein referred to as the "Sponsor")do
t
hereby certify:
I
That I have examined the foregoing airport Mcis ter Planning Grant Agreement and the
(blaster or System)
p roccedings taken by said Sponsor relating thereto, and 1"ind that file Acceptance thereof by said.Sponsor has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State(s)
of, Texas and further that,in my opinion,
said airport Mas ter Planning Grant Agreement
(M1lastcr or System)
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at L r///� l'_ .7 this day of lb 6 19 7.3
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/J `"• -.• tort•)
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FAA Form 5900-1 PG 6
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