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Min 05/21/1974 955 Wichita Falls , Texas Memorial Auditorium Building May 21, 1974 Item 1 I 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: li Max Kruger Mayor Harry Campsey X Harrison E. Taylor Lonny Morrison Joe N. Prothro Aldermen J. C. Boyd, Jr. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The meeting was called to order by the Mayor. Item 2 Moved by Alderman Morrison that minutes of the meeting held May 7, 1974, be approved. Motion seconded by Alderman Boyd, and carried unanimously. j Item 3a A proclamation designating Texas High Blood Pressure Week was presented to Mrs. Peggy Jarrett by Mayor Kruger. Mrs. Jarrett took the blood pressure of Alder- woman McCullough. r Item 3b t A proposed ordinance was presented setting the schedule of summer council meetings. / ORDINANCE NO. 2866 ORDINANCE ELIMINATING THE SECOND REGULAR COUNCIL MEETING IN EACH OF THE MONTHS OF JUNE, JULY AND AUGUST, 1974. Moved by Alderman Campsey that Ordinance No. 2866 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 4a A proposed appropriation ordinance was presented setting aside $800.00 for i transit advertising. ORDINANCE NO. 2867 AN ORDINANCE MAKING AN APPROPRIATION FROM THE TRANSIT FUND TO ACCOUNT NUMBER 31-538-4470, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2867 be passed. 956 Item 4a, cont 'd. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. i r Item 5a / A proposed ordinance was presented accepting certain streets on the 1973 Assessment Paving Program. ✓ i r 1 ORDINANCE NO. 2868 ORDINANCE ACCEPTING IMPROVEMENTS OF NINE (9) UNITS OF THE 1973 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORD- INANCE NO. 2776 DECLARING THE CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFI- CATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESS- MENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Morrison that Ordinance No. 2868 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. / J Item 5b A proposed ordinance was presented directing the advertisement for bids on the 1974 Assessment Paving Program. �- ORDINANCE NO. 2869 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1974 ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Campsey that Ordinance No. 2869 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5c A proposed ordinance was presented directing the advertisement for bids on the 1974 Reconstruction Program. ORDINANCE NO. 2870 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS , TEXAS, DESIGNATED AS A PORTION OF THE 1974 RECONSTRUCTION PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. 957 Item 5c, cont'd. Moved by Alderman Boyd that Ordinance No. 2870 be passed. Motion seconded by Alderman Campsey, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd ;ind McCullough Nays : None. i Item 5d A proposed ordinance was presented closing and abandoning a portion of Fifth Street Right-of-Way. This request was made by Mr. and Mrs. Mayo Moreno to provide a clear title to the property at 501 Farris Street, since the house encroached / on the Fifth Street right-of-way. f` F' ✓ ORDINANCE NO. 2871 AN ORDINANCE CLOSING AND ABANDONING A FIVE FOOT BY 150 FOOT STRIP OF FIFTH STREET RIGHT-OF-WAY ABUTTING THE NORTH PROPERTY LINE OF LOT 7, BLOCK 134 OF THE ORIGINAL TOWN OF THE CITY OF WICHITA FALLS, TEXAS. ` Moved by Alderman Campsey that Ordinance No. 2871 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5e A proposed ordinance was presented releasing a portion of easement rights between Blocks 20 and 33 of J. A. Kemp Addition. Cessco Rentals, 703 East Scott, desires to expand its building. ORDINANCE NO. 2872 AN ORDINANCE ABANDONING CERTAIN UTILITY EASEMENT RIGHTS WHICH WERE RETAINED AT THE TIME GALVESTON STREET BETWEEN TEXAS STREET AND DENISON STREET WAS CLOSED BY ORDINANCE NO. 1806. Moved by Alderwoman McCullough that Ordinance No. 2872 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 6a A proposed resolution was presented approving a commercial lease on the north side of Lake Kickapoo to Walter B. Palmer and Hal P. La Coste for the operation of a store and fishing dock. i RESOLUTION NO. 1539 RESOLUTION APPROVING COMMERCIAL LEASE ON NORTH SIDE OF LAKE KICKAP00. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, whereby the City of Wichita Falls leases to Walter B. Palmer and Hal P. La Coste two tracts of land, containing a total of 5.93 acres on the north side of Lake Kickapoo, for commercial purposes, is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Campsey that Resolution No. 1539 be passed. Motion seconded by Alderman Prothro, and carried by the following vote : 958 Item 6a, cont'd. Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 6b A proposed resolution was presented approving Texas Highway Commission Minute Order No. 68765 for the improvement of Allendale Road. RESOLUTION NO. 1540 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The provisions of Minute Order No. 68765 passed by the Texas Highway Com- mission on May 7, 19743 a copy of which is attached hereto, and is made a part thereof, providing for the construction of Allendale Road from F.M. 369, North to U.S. Highway 277 are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the Texas Highway Depart- ment and fulfill its obligation so stipulated in said Minute Order as being the responsibility of the City. Moved by Alderman Campsey that Resolution No. 1540 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 6c i A proposed resolution was presented accepting designation of the City of Wichita Falls as the Metropolitan Planning Organization. The City Manager ex- plained that the City has been involved in this in the past, but now federal funds will be available to us for this work. ��RESOLUTION NO. 1541 RESOLUTION ACCEPTING DESIGNATION AS THE METROPOLITAN PLANNING ORGANIZA- TION FOR THE WICHITA FALLS METROPOLITAN AREA UNDER THE FEDERAL-AID HIGHWAY ACT OF 1973. WHEREAS , Section 112 of the Federal-Aid Highway Act of 1973 provides that the State shall designate Metropolitan Planning Organizations, which shall re- ceive certain funds for use in establishing and maintaining in urban areas a continuing comprehensive transportation planning process required by Section 134 of Chapter 1 of Title 23, United States Code; and, WHEREAS, the Governor has designated the Nortex Regional Planning Com- mission as the Metropolitan Planning Organization for the Wichita Falls Metro- politan Area, which designation has been declined by the Nortex Regional Plan- ning Commission; and, WHEREAS , it has been recommended to the Governor 's Office that the City of Wichita Falls be designated as the agency to serve in such capacity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Designation by the Governor of the City of Wichita Falls as the Metropoli- tan Planning Organization for the Wichita Falls Metropolitan Area will be and is hereby accepted, and the City Manager is authorized to execute, for the City of Wichita Falls, an agreement with the Texas Office of the Governor, acting by and through the Director of the Division of Planning Coordination, establishing the terms under which the Section 112 funds can be used. Moved by Alderman Taylor that Resolution No. 1541 be passed. 959 Item 6c, cont'd. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays: None. _. Item 6d Bids were considered on airport improvements. Interstate Paving Corporation submitted the low bid in the amount of $109,463.15. A proposed resolution was j presented awarding the contract to them. RESOLUTION NO. 1542 RESOLUTION AWARDING CONTRACT TO INTERSTATE PAVING CORPORATION FOR CONSTRUC- TION OF IMPROVEMENTS AT MUNICIPAL AIRPORT. I I WHEREAS, the City of Wichita Falls has advertised for bids for the construc- tion of certain improvements at Wichita Falls Municipal Airport; and, WHEREAS, two bids were received, and it is found that the low bid of Inter- state Paving Corporation in the amount of $109,463.15 is the lowest and best bid. j NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Interstate Paving Corporation in the amount of $109,463.15 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Interstate Paving Corporation for the construction of such airport improvements. Moved by Alderman Boyd that Resolution No. 1542 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. d A proposed ordinance was presented appropriating an additional $7,727.93 for this project, due to increased costs of material and labor. . r / ORDINANCE NO. 2873 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBER 11-219-4543, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2873 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. A proposed resolution was presented accepting the grant offer, and authorizing the City Manager to execute the grant agreement for this project between the City and the Federal Aviation Administration. i ✓ :i l RESOLUTION NO. 1543 RESOLUTION ACCEPTING GRANT OFFER FOR PROJECT NO. 8-48-0227-01, FOR IMPROVE- MENTS AT WICHITA FALLS MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls, Texas has submitted a Project Applica- tion dated May 2nd, 1974 to the Federal Aviation Administration requesting Federal participation in the amount of $93,692.78 for improvements at Wichita Falls Munici- pal Airport; and, WHEREAS, the Federal Aviation Administration has issued a Grant Offer dated May 20th, 1974 which provides a commitment of Federal funds in the amount of 960 Item 6d, cont'd. $93,693.00 for the aforementioned development; and, WHEREAS, it is determined to be in the interest of the City of Wichita Falls that the Grant Offer be accepted by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. That the City does hereby accept the provisions of the Grant Offer for Project No. 8-48-0227-01, a copy of which Grant Offer is attached here- to and incorporated herein by reference. SECTION 2. The City Manager is hereby authorized and directed to execute the Grant Agreement for and on behalf of the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 1543 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 7a A proposed resolution was presented awarding the low bid to Opex Inc. , Olney, Texas, for sewer facilities in the State Hospital area, in the amount of $52,745.45 , plus $8.00 a cubic foot for rock excavation. (Approximately $8,800.) RESOLUTION NO. 1544 RESOLUTION AWARDING CONTRACT TO OPEX, INC. FOR CONSTRUCTION OF SANITARY SEWER FACILITIES TO SERVE AREA NEAR STATE HOSPITAL. WHEREAS, the City of Wichita Falls has advertised for bids for the construc- tion of sanitary sewer facilities to serve residents near State Hospital ; and, WHEREAS, three bids were received, and it is found that the low base bid of Opex, Inc. in the amount of $52,745.45 plus rock excavation at $8.00 a cubic yard for an estimated amount of 1100 cubic yards, is the lowest and best bid that meets specifications . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: Said bid of Opex, Inc. in the amount of $52,745.45 plus $8.00 a cubic yard rock excavation is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Opex, Inc, for the construction of such sanitary sewer facilities. Moved by Alderman Campsey that Resolution No. 1544 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 7b A proposed resolution was presented awarding the contract for roadways in Rosemont Cemetery to M. W. Mullins Asphalt Paving in the amount of $23,740.37. RESOLUTION NO. 1545 RESOLUTION AWARDING CONTRACT TO M. W. MULLINS ASPHALT PAVING FOR CONSTRUC- TION OF ROADWAYS AT ROSEMONT CEMETERY. 961 Item 7b, cont'd. WHEREAS, the City of Wichita Falls has advertised for bids for the construc- tion of roadways at Rosemont Cemetery; and, WHEREAS, only one bid was received, that being the bid of M. W. Mullins Asphalt Paving in the amount of $23,740.37, which is found to be a good and reason- able bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of M. W. Mullins Asphalt Paving in the amount of $23,740.37 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with M. W. Mullins Asphalt Paving for the construction of such roadways. Moved by Alderman Boyd that Resolution No. 1545 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 8a f` Permission was requested to advertise for bids for an estimated annual supply of 270 tons of liquid chlorine for water purification. Moved by Alderman Morrison that authority be granted to advertise for bids as requested. Motion seconded by Alderman Boyd, and carried unanimously. Item 8b Permission was requested to advertise for bids for an estimated annual supply of 142,000 pounds of fluoride. Moved by Alderman Morrison that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. d Item 10a The following appointments were made to various boards and commissions. 1. Moved by Alderman Morrison that Richard Rancier be appointed to the Civil Service Commission, for a three-year term to expire February 25, 1977. Motion seconded by Alderman Campsey, and carried unanimously. 1" 2. Moved by Alderman Prothro that the following be re-appointed to the Housing Authority Board, with expiration terms as indicated. J. C. Staley - June 12, 1975 Jack Jeffus - June 12, 1975 James Irl Montgomery - June 12, 1976 William L. Donnell - June 12, 1975 Billy R. Delaney - June 12, 1976 Motion seconded by Alderman Boyd, and carried unanimously. 3. Moved by Alderwoman McCullough that Dan Cutbirth be appointed as alternate on the Board of Equalization to replace Joe Fitts. Motion seconded by Alderman Campsey, and carried unanimously. I' 962 Item 10a, cont 'd. 4. Moved by Alderman Boyd that the following be re-appointed to the Planning Board, for three year terms to expire May 23, 1977: Phil Altendorf, W. E. Anderson, A. Wyman Harvey, C. W. Muehlberger, and Ronnie Rucker. Motion seconded by Alderman Campsey, and carried unanimously. 5. Moved by Alderman Taylor that Malcolm Vordenbaum and Jerry Ray be re- appointed to the Board of Adjustments and Appeals for four-year terms to expire May 23, 1978. Motion seconded by Alderman Boyd, and carried unanimously. 6. Moved by Alderman Campsey that Dewey Nicholson be appointed, and M. R. Naylor be re-appointed to the Plumbing Advisory Board for two-year terms to ex- pire May 23, 1976. Motion seconded by Alderman Morrison, and carried unanimously. 7. Moved by Alderman Morrison that Floyd Browning, Charles Jones, and Randy Kimbler be re-appointed to the Electrical Advisory Board for two-year terms to expire May 23, 1976. Motion seconded by Alderman Campsey, and carried unanimously. f Item 10b It was noted by the City Manager that Cowden and Wichita Cabs have elected to purchase liability insurance on their taxicabs, rather than self-insurance, and have filed this insurance policy with the City. No further action is nec- essary. Alderman Campsey requested a progress report on the General Hospital 's re- quest for additional help. The City Manager stated that he had discussed this matter with a county official , and it appears that the County may not look at it with very much favor. They were not overly enthusiastic about providing any additional funds at this time. He further stated that he would like the City to pursue some possible alternates with the Administrator. He does not believe that the City should participate if the County chooses not to participate. This is a $100,000 request, with $50,000 by each agency. Mr. Fox explained that he would like to talk to the Commissionsers Court to see what their official posi- tion is prior to any decision by the City. Alderman Boyd read a letter from Don Purdy, who is engaged in custom tractor mowing of lots. Mr. Purdy feels the City's fee of $15.00 is too low in respect to his price of $30.00. He proposed that the City's fee be increased to $45.00. The City Manager stated that it is a reasonable request to look at our rates, but perhaps Mr. Purdy's rates are too high. Alderman Taylor stated that it seemed that they were. Alderman Boyd mentioned a letter from the Downtown Merchants group. It was previously recommended that we raise the overtime parking ticket fee from $1.00 to $2.00. It has been operating for a while, and the merchants feel it is not doing the job which was intended. One of the chief complaints is that when a violation occurs they have to pay $2.00 instead of $1.00. The Down- town Merchants request that the fine be reduced to $1.00, and that the City Manager prepare information to that effect at the next council meeting. The City Manager stated that they are doing a complete study of the Central Busi- ness District and would like to wait until it is completed before preparing an ordinance. Alderman Morrison inquired when the fire and police data would be available? The City Manager stated that it is now in rough draft form, and that the i4forma- tion will be ready at the next meeting. r` l r 963 Mayor Kruger recognized and welcomed a Girl Scout Cadet Troop 50, with Mrs. Dick Wright as sponsor. Moved by Alderman Campsey that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 10:51 A.M. PASSED AND APPROVED this day of 1974. Mayor ATTEST: '�_- ..�.(_ ! cam,- ✓ v��'17 21.. City C erk I I I i y � 'DEPARTNIENT OF TRANSPORTATION , , FEDERAL AVIATION ADMINISTRATION GRADU AGRLTE. r EN PaTt 1-Offer Date of Offer - Wichita Falls Municipal Airport Project No. 8-48-0227-01 Contract No. DOT FA 74 SW-1051 TO: The city of Wichita 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 a Project Application dated May 2, 1974 , for a grant of Federal funds for a project for develop- ment of the Wichita Falls Municipal Airport(herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof;and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Widen civil aircraft connecting taxiway from 50' to 75' and relocate taxiway lights on one side; install security fencing; install security lighting; reconstruct aircraft parking apron (Approx. 4,629 S.Y. ) •— all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 1 I10-711 SUPERSEDES FAA FORM 1632 PG. i PAGE 1 J� Page 2 of 5 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 (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project 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 Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 'seventy-five per centum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $ 93,693.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 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 the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 M of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the ! Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. W FAA FORM 5100-13 PG. 2 (7-72)1 SUPERSEDES PREVIOUS EDITION PAGE 2 1 Page 3 of' 5 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facili- ties the;eon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport. 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 be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before June 28, 1974, or such subsequent date as may be prescribed in writing by the FAA. 8• In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b) (1) and 60-1. 8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). PM (b) Comply with the provisions set forth in Appendix I, attached hereto. 9. It is understood and agreed that the sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Adminis- trator at all FAA technical facilities located on the airport. It is further understood and agreed that sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) neces- sary for the maintenance and operation of the FAA facilities on the air- port. Such land shall be adjacent to the facilities served. 10. The sponsor will send a copy of all invitations for bids, advertised or . negotiated, for concessions or other businesses at the airport to the Office of Minority Business Enterprise (OMBE) , Field Operations Division, Department of Commerce, Washington, D.C. 20230, or to the local affiliate designated by the OMBE. The sponsor will disclose and make information about the contracts, contracting procedures and requirements available to OMBE or its designated affiliate and minority firms on the same basis that such information is disclosed and made available to other organiza- tions ,or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invi- tations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the sponsor with the requirements of 49 CFR 21 Appendix C(a) (1) (x) , Regulations of the Office of the Secretary of Transportation. FAA FORM S100-13 PG.3 110-711 SUPERSEDES FAA FORM 1632 PG.3 (SWRO 5-1-74) PAGE 3 i Page 4 of 5 pages X1. It is mutually understood and agreed that the United States will not make final payment of the allowable costs of this project until the Sponsor has submitted satisfactory evidence that the airport imaginary surfaces as defined in Section 77.25 and 77.27, Subpart C, Part 77 of ' the Federal Aviation Regulations (14 CFR Part 77, as amended) have been protected by the adoption of a zoning ordinance and regulations or by securing avigation easements or otherwise prohibiting the creation, establishment, erection or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed that 'if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclusion of such acquisition in a subsequent project. 12. It is further understood and agreed that FAA approval of the project included in this agreement is conditioned on the sponsor's compliance with applicable air and water quality standards in accomplishing project construction and in operating the airport; further, that failure to com- ply may result in suspension, cancellation or termination of Federal assistance under this agreement. 13. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 11 of Part III - Sponsor's Assurances of the Project Application, dated May 2, 1974, and therefore it is understood and agreed that the sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement. 14. It is understood and agreed by the parties hereto that the property map Exhibit A incorporated into the Project Application consists of two pages designated thereon as "Property Map Exhibit A" and "Property-Map Exhibit A-1", respectively, both bearing ADAP Project Number 8-48-0227-01 and the date of May, 1974. PAGE 4 • L IYr� Page x1 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by 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 Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed 'under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By. . . . . . . . . . . . . . . .(. . . . . . . . . . . . . . Acting Chief, Fort Worth Airports District Office Part II-Acceptance The city of Wichita Falls, Texas, does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project 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 terms and conditions thereof. Executedthis. . . ... .. . .. . . . . . . . .. .. day of . . . .. . . . . . .. . . . . . . . . . . . . . .. . . . . . 19. .. . . PW CITY,OF. WI CHI TA FALLS. .TEXAS , , . . , , , (Name of Sponsor) By . . .. . . .. . . . .. . . . . . . . . . . . . . . .. . . .. . . .. . . (SEAL) Title . . .. .. .. . . .. . . .. .. ... .. ... . . . . ... . . . . . . ... . At-test: .. . .. . ... .. . . . .. . .. . . . . . .. . . .. . . _ Title:. . . .. . . . . .... . .... . . . ... .. . . . . . . . . CERTIFICATE OF SPONSOR'S ATTORNEY . . . . . . . . . .. . . . , acting as Attorney for th.e .City. .Qf.Wichita. Falls. . . . . , (herein referred to as the "Sponsor") do hereby certify: That I have examined .the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of. . . - Texas. . . . . . . . . . . . . . . . . . . . . . and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms I thereof. Datedat . .. . . . ... . . . . .. .. . . . .. .. . .. . . .this. . . . . . .. .. day of. . . . . .. . . . . . . . . . . . . . . .. .. . . , 19. . . . . . . . .. .. . . . . . . ... . . . . ... . . .. . . ... . . .. . ... . . Title . . . . . . . . . . .. . .. . . .. . . . .. ... . .. .. . . . . FAA FORM 5100-13 PG 4)10-71)SUPERSEDES FAA FORM 1632 PG 4 PAGExK 5 xat Hl�h way Department + >rm a30-B WI CHI TA _ County rr�� � 1 � � �� Istrict No.__— �_ YR V TI ONRI� `h. ----- of 4 In WICHITA CaJNTY a FAUI TO MARKF-T ROAD is hereby designated extending ' from Farm to Market Road 3,69, 0.5 mile East of Farm to Market Road 2650, North to U. S. Highway 82 and 277 in Wichita Falls, a distance of ap- proximately 0.8 mile, subject to the condition that Wichita County and the City of Wichita Falls will furnish all required right of way clear of obstructions and free of cost to the State and acquisition procedures will be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. At such time as Wichita County and the City of Wichita Falls shall accept the provision of this Order and agree to the furnishing of the required right of way, the State Highway Engineer is directed to pro- ceed with the engineering development, Relocation Assistance at an estimated cost of $100, and construction of the project in the most feasible and economical manner, at an estimated cost of $74,900, and to assume the road for State maintenance upon completion of the con- struction herein authorized. This Order is subject to acceptance by Wichita County and the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Submitted by: Examined and recommended by: (Title)Program Engineer Approved Assistant State Higbway Engineer State Highway Engineer Approved: Commissioner Minute Number -------_---_—-------------------------.---____--Commissioner Date Passed MAY 7 7.4 ----------------------------------—---------------— ---Commissioner