Min 01/07/1975 1065
Wichita Falls , Texas
Memorial Auditorium Building
January 7, 1975
i
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 9:00 o'clock A.M. , with the following members present.
Max Kruger Mayor
Harry Campsey
Harrison E. Taylor
Lonny Morrison
Aldermen
Joe N. Prothro
J. C. Boyd, Jr.
Peggy McCullough X
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 Alderwoman McCullough that minutes of the meeting held December 17,
1974, be approved.
Motion seconded by Alderman Campsey, and carried unanimously.
✓ Item 3
The public hearing was opened on community development.
Mrs. John Estes appeared, representing the Wichita County Heritage Society.
She requested funds during the second and third years under the Community Develop-
ment Act of 1974. She explained that they are newly incorporated, and that they
will present their formal budget at that time.
Otis Polk appeared, representing Rosewood Group No. 1 (CAC Service Center)
and Eastside Community Development Association. He presented a proposed three-
year plan to the Council for various activities totaling $429,000 for the first
year, along with two street sweepers, one to be paid for from existing revenue
sharing funds , and one from sales tax revenue. He also suggested that the housing
patterns on Harding Street be investigated for possible Community Development funds.
Grady C. Whittington, 5051 Lindale, appeared in regard to blighted property,
including junk cars, at 300,301,304,309, and 311 Austin. He stated that some of
these cars have been here for five years.
Alderman Taylor stated that he would like the Council to hold a neighborhood
meeting to enlarge upon these matters after the public hearings. Angus Thompson,
Executive Director of CAC, stated that they submitted a resolution requesting
that a public hearing be held at a time when more people could attend, as opposed
to a regular council meeting. The Council agreed upon January 13, 1975 , at 7 :00
o'clock P.M.
James Esther, Eastside Community Development Association, stated that he hopes
that all information brought to the Council will be considered, and that they have
no preconceived ideas on use of the money.
Alderman Boyd commented on a portion of the report concernjng crime prevention,
stating that he is opposed to any revenue sharing funds being used to pay personnel
costs. He stated that he is not sure that these seven persons at a cost of $194,000,
would help. He read a few statements from an article in U.S. News and World Report.
i
1066
Item 3, cont'd.
He feels that if the City Manager thinks we need these seven men, then funds can
be found somewhere in the budget instead of using outside funds. He stated that
he does not feel we need to secure more policemen to arrest more people, but that
we need more enforcement after they are arrested. The City Manager stated that
some specialization is necessary in order to continue this program.
The public hearing was closed at this time.
jJ Item 4a
i The Gold Cross ambulance contract was discussed. Mayor Kruger and Alderwoman
McCullough commended Aldermen Prothro and Morrison for their work in this area.
Cletus Schenk appeared for Gold Cross Ambulance Service, commending the in-
depth study of this contract. He stated that they have no objections to this
contract, but that in order to give them some stability they would like to add in
Paragraph XVIII, line 4 following the word 'contract' , "for non-performance of
the contract".
Alderman Morrison stated that the service rendered by Gold Cross has been
good. His only reluctance for inclusion of this is that the burden of proof of
non-performance is placed upon the City, which process might last for an extended
period of time. He feels that in the meantime the City would be uncertain whether
they had a continuing obligation to Gold Cross. Mayor Kruger agreed with Alderman
Morrison, stating that if it were included he would be in favor of making it a
one-year contract. Alderman Morrison stated that he believes the wording of the
contract should remain the same.
Alderwoman McCullough mentioned the fees, stating that Wichita Falls would
have the highest rates of the ten cities surveyed, and that she has been concerned
about this. Alderman Morrison pointed out that this contract guarantees a certain
gross revenue. The higher the rate, the more nearly the user pays the cost of
the service, and that guarantee of revenue is more appropriate.
RESOLUTION NO. 1604
RESOLUTION APPROVING CONTRACT BETWEEN WICHITA FALLS , BURKBURNETT, IOWA
PARK, WICHITA COUNTY AND GOLD CROSS AMBULANCE SERVICE, INC. OF WICHITA FALLS,
PROVIDING FOR AMBULANCE SERVICE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain contract, a copy of which is attached hereto, between the cities
of Wichita Falls , Burkburnett and Iowa Park, Wichita County, and Gold Cross
Ambulance Service, Inc. of Wichita Falls, providing for ambulance Service, Inc.
of Wichita Falls, providing for ambulance service in Wichita County, 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. 1604 be passed, and that in
Section XVIII the contract wording be changed by authorizing the Cities or
County to terminate the contract by giving six months written notice to the
other party.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 4b
1� A proposed resolution was presented authorizing the City Manager to execute
0 an agreement with the Texas Highway Department on Duncan and Third Streets.
of
Y RESOLUTION NO. 1605
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE
STATE OF TEXAS AND THE CITY OF WICHITA FALLS PROVIDING FOR CERTAIN IMPROVE-
MENTS ON THIRD STREET AND DUNCAN STREET.
1067
Item 4b, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
That certain agreement, a copy of which is attached hereto, between the
State of Texas, acting through the Texas Highway Department and the City of
Wichita Falls, Texas , providing for pavement of Third Street and Duncan Street
from State Highway 240 to Reilly Street is hereby approved, and the City Manager
is authorized to execute the same for the City.
Moved by Alderman Campsey that Resolution No. 1605 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
i — — — — — — — — —
..
Item 4c
�r A proposed resolution was presented authorizing application for a second year
grant for police educational incentive pay grant program.
f ✓RESOLUTION NO. 1606
RESOLUTION AUTHORIZING APPLICATION FOR POLICE EDUCATIONAL INCENTIVE PAY
SECOND YEAR GRANT TO THE CRIMINAL JUSTICE COUNCIL.
WHEREAS, heretofore the Board of Aldermen approved a Police Educational
Incentive Grant Application to the Nortex Regional Planning Commission and the
Criminal Justice Council; such progran was instituted and has operated effectively,
and it is deemed advisable that application be made for a second year grant; and,
WHEREAS, a second year grant is available for the eighteen (18) month period
from July 1, 1975 through December 31, 1976; the total grant budget for such program
is $42,074.00, of which $21 ,037.00 will be the Federal and State contribution,
and $21,037.00 will be the City's contribution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
The City Manager is authorized and directed to complete and file an applica-
tion for such second year grant with the Criminal Justice Council; the City Manager
is further authorized to sign any necessary documents required to carry out and
complete such project on behalf of the City.
Moved by Alderman Taylor that Resolution No. 1606 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
4 Item 4d
Creation of a Traffic Safety Council was requested by Bob Draper, Coordinator.
He explained that the Traffic Commission is interested in the physical side of
traffic engineering. The Traffic Safety Council would address itself to identify
safety needs of the community, such as school services, driver education, etc.
It is a citizens support group. The Council felt that this may be a problem that
could be handled by the Traffic Commission.
Moved by Alderman Boyd that this matter be delayed and turned over to the
Traffic Commission for their review and recommendation.
Motion seconded by Alderman Morrison, and carried unanimously.
t
v Item 4e
Discussion was held on the concept of a multi-purpose human resource center
y in Wichita Falls. Herb Appel , Executive Vice-President of BCI, pointed out the
1068
Item 4e, cont'd.
changing concepts of mental health care services. He stated that it would also
coordinate the physical health programs. This has come about as a result of the
state's recent action on mental patients. They do not see the present agencies
disbanded or reformed at this time. They would coordinate the services rendered
by these agencies . Alderman Campsey stated that we are suddenly faced with some
situations as a result of the Fifth Circuit Court decisions. This is an attempt
to get these services grouped together for long range planning. A motion was
made by Alderman Boyd and seconded by Alderman Taylor for passage of a resolution,
but both motion and second were withdrawn.
✓ RESOLUTION NO. 1607
RESOLUTION FAVORING FURTHER EXPLORATION OF THE CONCEPT OF A HUMAN RESOURCE
CENTER FOR WICHITA FALLS.
WHEREAS, the Wichita Falls Board of Commerce and Industry, through committee,
has been exploring the possibility of a Human Resource Center in Wichita Falls ;
and,
WHEREAS , the Texas Department of Community Affairs has recently completed
a study on the establishment of Multi-Purpose Human Resource Centers in Texas
under compliance with House Bill 845;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Further exploration of the concept of a Multi-Purpose Human Resource Center
through expanded committee and citizen involvement should be accomplished at an
early date.
Moved by Alderman Morrison that Resolution No. 1607 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
d' Item 4f
Ij A proposed resolution was presented authorizing the Mayor to execute a grant
application with the American Revolution Bicentennial Commission of Texas.
RESOLUTION NO. 1608
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION WITH THE
AMERICAN REVOLUTION BICENTENNIAL COMMISSION OF TEXAS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
The Mayor is authorized to execute a matching grant application with the
American Revolution Bicentennial Commission of Texas for funds in the amount of
$3,500 to finance a locally composed and produced Bicentennial symphony and ballet
to be performed in 1976, said symphony and ballet being approved projects of the
Wichita Falls Bicentennial Commission.
Moved by Alderman Morrison that Resolution No. 1608 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
r ° ,Item 4g
l U
A proposed resolution was presented approving a contract with Budget Rent-a-
Car for an advertising sign at the Airport.
r ` RESOLUTION NO. 1609
1069
Item 4g, cont'd.
RESOLUTION APPROVING CONTRACT WITH BUDGET RENT-A-CAR FOR ADVERTISING
SIGN AT AIRPORT.
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and Joe Mayo and Joe Mayo, Jr. , doing business as Budget Rent-a-
Car of Wichita Falls, concerning the right to display an advertising sign and to
install a telephone in the Claim Bag area of the Terminal Building, Wichita Falls
Municipal Airport, 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. 1609 be passed.
Motion seconded by Alderman Morrison, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
- - - - - - - - - -
r
j Q Item 5a
Bids were considered on two 31-passenger diesel transit coaches. It was
recommended that the bid be awarded -to Highway Products, Inc. (Twin Coach) in the
amount of $84,472.00. This was the only bid received; however, it was pointed
out that General Motors and AM General no longer manufacture this size of equipment.
Moved by Alderman Prothro that the bid of Highway Products be accepted in the
amount of $84,472.00.
Motion seconded by Alderman Boyd, and carried unanimously.
An appropriation ordinance was presented in the amount of $9,472.00 to complete
the bus purchase. ($75,000 in revenue sharing funds has already been approved) .
/ORDINANCE NO. 2931
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PRO-
JECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS ,
TEXAS :
SECTION 1. There is hereby appropriated out of the Revenue Sharing Trust
Fund the sum of $9,472.00 which shall be placed in the following project numbers :
Project Number Amount
1. Transit System Buses 591 $9,472.00
Total $9,472.00
SECTION 2. The fact that this amount is now due and that it is essential for
the immediate use of the City of Wichita Falls creates an emergency, therefore
this ordinance shall become effective immediately upon its passage.
Moved by Alderman Prothro that Ordinance No. 2931 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 5b
l! f
Bids were considered on two emergency warning sirens for Safety and Civil
Defense. It was recommended that the bid be awarded to Fire Appliance Company,
Wichita Falls, in the amount of $6,303.75.
v
Moved by Alderman Morrison that the bid be awarded as recommended.
Motion seconded by Alderwoman McCullough, and carried unanimously.
1070
Item 6
y Moved by Alderwoman McCullough that minutes of the meeting of the Board of
Electrical Examiners held December 10, 1974, be received.
Motion seconded by Alderman Prothro, and carried unanimously.
Item 7
Moved by Alderman Prothro that a public hearing on hazardous structures be
t held on February 4, 1975.
Motion seconded by Alderman Boyd, and carried unanimously.
Y Alderman Campsey inquired into the status of his request for combining
` meter reading services of gas, electricity, and water. A joint meeting with all
representatives should be held.
Alderman Morrison requested that appointments be made at the next meeting
to all boards and commissions on terms expiring either in December 1974 or
January1975 and that all persons who are serving an expiring term receive a
letter asking if they desire to be considered for reappointment. Alderwoman
McCullough requested a record of their length of service, and attendance.
f
t% Alderman Morrison stated that he had received a letter from Guy E. Mathews,
Jr. He stated that he had never represented this man as an attorney. His letter
raises some questions concerning city ordinances, and he requested City Attorney
H. P. Hodge, Jr. to give them a report on it.
Alderman Morrison requested that the Grady Whittington situation be reviewed
to see if it violates any city ordinance, and what can be done. Alderman Taylor
stated that the Duncan Street situation had been investigated, and found that
nothing could be done.
The meeting adjourned at 12:10 P.M.
17
PASSED AND APPROVED this day of _Z , 1975.
Mayor
ATTEST:
City Clerk
s I
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
THIS CONTRACT made and entered into as of the 1st day of February,
1975, by and between the City of Burkburnett, Texas, the City of Iowa Park,
Texas and the City of Wichita Falls, Texas, acting by and through their res-
pective Mayors, hereinafter called "Cities"; the County of Wichita, acting by
and through its County Judge, hereinafter called "County", and Gold Cross
Ambulance Service, Inc, of Wichita Falls, a Texas corporation, hereinafter
called "Contractor".
WITNESSETH :
Contractor agrees as an independent contractor, at its own cost and
expense, to furnish emergency ambulance service in the County of Wichita
in compliance with the terms and conditions, covenants and agreements here-
inafter set forth:
I.
Contractor covenants and agrees to furnish ambulance service as an
independent contractor for the purpose of making emergency calls within the
limits of the County of Wichita in accordance with the directions of the police
dispatchers, the sheriff and the Texas Highway Patrol within Wichita County,
Texas. Such emergency ambulance service shall be rendered in compliance
with the proposal heretofore made to Cities and County by Contractor, a copy
of which is attached hereto, marked Exhibit A.
II.
Equipment and crews shall be located at a point to be selected by Con-
tractor, subject to written approval of the Director of the Wichita Falls
City-County Health Unit.
-2-
III.
After having been called upon by the police dispatcher, Contractor shall
notify him of the route and location of an ambulance answering such call.
IV.
Contractor covenants and agrees to furnish at its own expense the am-
bulances and accessory equipment set out in Exhibit A.
V.
Contractor shall be permitted to charge not more than the fees set out
in Exhibit B.
VI.
The patient-user will be charged for services rendered and the Contractor
will make every reasonable effort to collect such charges. However, If upon the
expiration of ninety (90) days from Contractor's original invoice to the patient-
user, such efforts have not been successful, Contractor will then bill the Cities
and the County for 100% of the unpaid charge and will assign such unpaid
account to the Cities and County. Further, the Cities and County shall guar-
antee the Contractor shall accrue annual gross revenue in the amount of
$127,890. 00 being equivalent to ten calls per day at $35.53 average charge per
call. This guarantee shall be implemented in the following manner: by the loth
day of each month, Contractor shall furnish Cities and County a statement certi-
fied by Contractor's manager showing the amount of gross revenue accrued from
all operations for the preceding month; a further certified statement shall be
furnished each month by Contractor which would accumulate for all months of
the current contract year gross revenues accrued from all operations; by the
20th day of the month, Cities and County shall pay Contractor in cash the differ-
ence between $10,657.50 times the number of months completed within the current
year less, for the same number of months, all accrued gross revenues plus the
-3-
total of all supplemental payments previously paid during the current contract
year to Contractor by Cities and County.
VII.
Payments to the Contractor by the Cities and the County will be apportioned
in the following manner: (a) payment for delinquent charges resulting from calls
initiated by police and sheriff departments will be apportioned so that the City of
Burkburnett will pay 5% of the total delinquent charges, the City of Iowa Park
will pay 3%, the City of Wichita Falls will pay 42% and the County of Wichita will
pay 50%; (b) payment for all no-pickup calls initiated by the respective law en-
forcement officials of the Cities and County shall be paid by the respective
governmental employer of such official based upon the schedule of fees provided
in this contract; (c) payment of the difference between the monthly guarantee and
the accrued monthly revenue (including that paid or to be paid pursuant to part
(a) and/or (b) hereof) will be apportioned so that the City of Burkburnett will pay
5% of such difference, the City of Iowa Park will pay 3% of such difference, the
City of Wichita Falls will pay 42% of such difference and the County of Wichita
will pay 50% of such difference.
VIII.
Contractor shall provide a good and sufficient performance bond in the
amount of Five Thousand Dollars ($5,000. 00) guaranteeing the full and faithful
execution and performance of the Contract. Said bond shall be executed by the
Contractor and one corporate surety authorized to do business in the State of
Texas. The surety shall designate an agent resident in Wichita County, Texas,
to whom any requisite notices may be delivered and on whom service of process
may be had in matters rising out of such suretyship.
IX.
On or before the 10th day of each month, Contractor shall furnish to the
Director of Finance, City of Wichita Falls, a complete and composite report in
-4- ,
writing showing its operations during the preceding month for the ambulance
service, including all income and all expenditures. Said reports shall show the
number of calls made by Contractor and such other detail as the Cities, or any
of them, and/or the County may reasonably request.
X.
Contractor agrees to operate the ambulance in accordance with the re-
quirements of the State law and applicable ordinances of the City of Burkburnett,
the City of Iowa Park, and the City of Wichita Falls.
XI.
It is expressly understood and agreed by all parties hereto Contractor is
an independent contractor in its relationship to the City of Burkburnett, the City
of Iowa Park and the City of Wichita Falls and to the County of Wichita. Nothing
herein contained at any time or in any manner shall be construed to effect an
agreement of partnership or joint venture or render any party hereto the employer
or master of any other party and/or its employees, agents or representatives.
XII.
Contractor, its Officers and Shareholders, each covenant and agree to
jointly and severally indemnify, hold harmless and defend, Cities and County and
their respective agents, servants and employees, from and against any and all
claims for damages or injuries to persons or property of whatsoever kind or
character, whether real or asserted, arising out of or incident to the operation
of its emergency ambulance service and all other of its operations arising under
or otherwise incident to the provisions of this Contract; and Contractor hereby
assumes, as between the parties to this Contract all liability and responsibility
for injuries, claims or suits for damages to persons or property, of whatsoever
kind or character, whether real or asserted, occurring during the term of this
agreement, arising out of or by reason of the operation of this emergency ambu-
lance service and all other of its operations arising under or otherwise incident
-5-
to the provisions of this Contract.
XIII. t
During the period in which this Contract is in force and effect, all calls
k
t
for ambulance service by police dispatchers or the sheriff shall be referred
s
to Contractor.
XIV.
6
Contractor agrees that when ambulance service is furnished, the patient f
f
may express his preference as to the hospital to which he is to be taken. If
E
the patient is unable to express a preference or otherwise expresses no prefer-
ence, he shall be taken to Wichita General Hospital.
4f
XV.
This Contract shall become effective as of February 1, 1975, and shall
be in force and effect for a period of five (5) years thereafter. It is entered into
subject to the Charter and ordinances of the Cities and to applicable State Laws.
i
XVI.
All payments under this Contract shall be due and payable in Wichita
County, Texas, and venue in any suits filed on this Contract shall be in Wichita
County, Texas.
XVIL
The Contractor shall keep all of his financial records in a manner con-
sistent with generally accepted accounting principles, practices, procedures
and standards, as defined by the American Institute of Certified Public Account-
ants. By January 1, of each year, the Cities and County will appoint an inde-
pendent Certified Public Accountant to audit the books and records of the
Contractor upon the conclusion of each contract year. The cost of such audit
shall be borne by the Contractor, but shall also be considered as a legitimate
-6-
expense of the ambulance operation. Within sixty (60) days after the end of
each contract year, an audit of the previous year ambulance service operation
shall be presented to each City and County with an auditor's opinion that the
financial records are kept in conformity with generally accepted accounting
principles and that the audit presents fairly the financial position of the
Contractor.
XVIII.
Upon receipt of the annual audit within sixty (60) days after the end of each
contract year, the terms of Paragraphs V and VI of this Contract will be reviewed
by the parties, and shall be subject to renegotiation at the request of any party.
The Cities or County may terminate the Contract by giving six months written
notice to the other party, which notice shall be delivered in person or by certi-
fied mail. The Contractor may terminate the contract by giving six months
notice to the other parties, which notice shall be delivered in person or by
certified mail.
XIX.
AFFIRMATIVE COVENANTS
During the term of this contract, or any extension hereof, the Contractor
agrees that it shall:
(a) Deposit all receipts and/or payments (whether cash, check, or
otherwise), into a single bank account designated by Contractor to
the Cities and County;
(b) Prepare deposit slips for all deposits which clearly reflect the
source of such funds and the purpose for which said advance or
payment was made;
(c) Reflect in a clear and intelligible manner the purpose of all checks
and transfers drawn upon Contractor's bank accounts;
(d) Maintain clear and complete records in Contractor's possession
supporting all reimbursements or payments made by Contractor;
(e) Provide the City with an itemization, in January of each year, of
the dollar value and/or dollar cost, whichever is greater, of all
fringe benefits (whether or not taxable to the recipient as income)
provided by the Contractor to each and every person who is either
an Officer, Director or Shareholder (beneficially or of record),
or a dependent thereof, during the preceding calendar year or
any part thereof;
-7-
(f) Promptly provide the City with a copy of the Certificate of Title
on each vehicle in which Contractor owns an interest and obtain
the reflection upon each such title of the true ownership of each
said vehicle;
(g) Provide, on or before February 15, 1975, the City with an itemization
of all loans, if any, made to the Contractor by any entity or person
whatsoever from January 1, 1974 to February 1, 1975, together
with a schedule for each such loan reflecting any payments thereon,
including the date and method of each such payment and the unpaid
balance of each such obligation as of February 1, 1975;
(h) Obtain the prompt repayment, and in any event on or before Febru-
ary 15, 1975, of any and all loans or advances heretofore made by
Contractor to persons who are Officers, Directors or Shareholders
(beneficially or of record), of Contractor, or dependents of any such
persons.
(i) Promptly provide the Cities and/or County, and in any event on or
before February 15, 1975, with a copy of any and all rental, lease,
and/or option agreement (s) to which Contractor is a party.
(j) Pay all business expenses of Contractor, in excess of $25. 00, by
check.
(k) Purchase Cashier's Checks only by bank check which clearly and
completely reflects the purpose and payee of each such Cashier's
Check so purchased.
(1) Refrain from making any loans to persons who are either Officers,
Directors or Shareholders of the Contractor, or dependents of any
such person.
(m) Provide the Cities and County with a copy of each Life Insurance
Policy for which the Contractor makes premium payments, in-
cluding the beneficiary designation thereof and together with any
and all documents or agreements which pertain to the use, benefit
or ownership of the reserve for Life Insurance reflected upon oper-
ating statements of the Contractor and/or accumulated by virtue of
premium payments made wholly or in part by the Contractor.
EXECUTED by the City of Burkburnett, the City of Iowa Park, and the
City of Wichita Falls, the County of Wichita and Gold Cross Ambulance Service,
Inc. of Wichita Falls, acting by and through their duly constituted representatives,
as of the day and year first above written.
CITY OF BURKBURNETT
BY:
MAYOR
ATTEST:
CITY CLERK
-8-
CITY OF IOWA PARK
BY:
MAYOR
ATTEST:
CITY SECRETARY
CITY OF WICHITA FALLS
BY:
MAYOR
ATTEST:
CITY CLERK
COUNTY OF WICHITA
BY:
COUNTY JUDGE
ATTEST:
COUNTY CLERK
GOLD CROSS AMBULANCE SERVICE,
INC. OF WICHITA FALLS
BY:
Robert William Coburn
Vice-President
ATTEST:
OFFICERS & SHAREHOLDERS
Exhibit A
PROPOSAL OF GOLD CROSS AMBULANCE SERVICE,
INC. , TO RENDER AMBULANCE SERVICE TO THE
CITIES OF BURKBURNETT, IOWA PARK, WICHITA
FALLS AND WICHITA COUNTY, TEXAS
The Applicant
Gold Cross Ambulance Service, Inc. , is a Texas corporation of
which Kenneth Thompson, Jr. , is President. Mr. Thompson is exceptionally
well-qualified to conduct a professional ambulance service meeting the
highest standards. He is Presidnet of Modular Ambulance Corporation, a
firm engaged in the production of emergency medical vehicles in Arlington,
Texas. He was formerly Presidnet of ambulance services in Wichita, Kan-
sas, and Fort Worth, Texas. Robert Coburn is Vice President and opera-
tions manager of Gold Cross Ambulance, Inc. He has served in this
capacity in Wichita Falls since April of 1967. Previously he worked with
Gold Cross Ambulance of Wichita, Kansas for five years. Mr. Thompson and
Mr. Coburn are members of the Ambulance Association of America, a pro-
fessional organization dedicated to the improvement of ambulance operations.
Mr. Thompson has been active in the Ambulance Service Accreditation Program
which has established standards for accrediting ambulance service in lead-
ing cities throughout the country. His firm in Wichita was one of the
first to meet all of the standards.
Ambulance Service Proposed By
Gold Cross
Gold Cross Ambulance Service proposes to provide emergency and
transfer ambulance services within the confines of Wichita County. To
perform these services Gold Cross will maintain a fleet of four ambu-
lances, each equipped with the following:
One ambulance cot with adjustable head rest
Three folding emergency stretchers
One compartment for clean supplies
One compartment for soiled supplies
Ten sheets, five pillow cases freshly laundered and
wrapped in pairs when not in use
Two "E" oxygen cylinders equipped with face mask
Splints, including inflatable air splints - one-half leg
splint, one full leg splint, one foot and ankle
splint, one full arm splint, one one-half arm splint,
one ankle and wrist splint, one Thomas traction splint,
two padded board splints (3' x 3") , two padded board
splints (4-1/2' x 311)
Bandages, 2 inch and 3 inch rolls
Bandage shears
Tourniquet
Aspirator, rubber bulb
Elastic bandages, 3 inch rolls by 6"
Five bias cut stockinettes, 3 in. x 3 ft. rolls for splinting
Two adult airway passages
Two child Airway passages
Two infant airway passages
Tongue depressors
One resuscitube airway - adult and infant
Adhesive tape, 1 in. , 2 in. and 3 in. rolls
Umbilical cord clamps
Four tuft bath towels
Four hand towels
One cotton blanket
One pillow
Four safety pins
Eight gauze pad dressings
One plastic sheet Manually operated aspirator
Portable resuscitator, e.g. , bag and mask type
Adequate restraints to prevent patient from falling
or rolling from his proper position for resuscitation,
care and transportation
Two sand bags
Emesis basin
Triangular bandages
Two-way radio
Red light and siren
Tachograph
Hand spotlight
Separate heating and air conditioning units for the front
compartment and patient compartment
Partition between driver and patient
In relation to sanitation:
Each ambulance will have closed compartments for first aid
equipment free from dust, insects and rodents.
The interior of each ambulance will be clean and wiped with
an approved antiseptic daily even if ambulance has not
been used, and after each patient transported unless an
emergency prevents same.
Weather permitting, each ambulance will be cleaned on the
exterior each day.
In the event of transportation of a patient with a contagious
or infectious disease, each ambulance will be cleaned,
wiped with approved antiseptic, and removed from service
for twenty-four hours.
There will be at all times freshly laundered linen on cots
used to transport patients, changing linen after each
patient carried.
Two fully trained technicians will be assigned to each ambulance,
both qualified as recommended by the President's Committee for Traffic
Safety and in accordance with the recommendation of the Ambulance Service
Accreditation Program. Each technician will be certified by the Texas
State Department of Health as Emergency Medical Technicians-Ambulance.
Moreover, each technician will have completed the American Red Cross
course in Advanced First Aid and the American Heart Association course
on cardio-pulmonary resuscitation.
All will serve exclusively as ambulance personnel - not as part-
time driver or attendant. All will be paid in strict compliance with the
Federal Wage and Hour Law.
All of the ambulances to be used by Gold Cross can transport four
stretcher patients - each with oxygen and other .special equipment.
Communications
All Gold Cross ambulances are equipped with two-way radio units
and Gold Cross has a direct (non-dial) telephone connection from its
central dispatching office to the Wichita Falls Police Department and also
to the emergency rooms in major hospitals. Thus, the emergency rooms
can be given all pertinent information and can be put on a standby basis
prior to the arrival of a patient. The saving of time at such a critical
period can well mean a saving of life. This type of communication makes
it possible to eliminate the number of red light and siren runs, thus
avoiding a very serious traffic hazard.
Endorsement for Continuation of
Gold Cross Ambulance Service
Gold Cross Ambulance, Inc. , has provided the Cities of Burkburnett,
Iowa Park, and Wichita Falls and Wichita County ambulance service since
April of 1967. This proposal calls for a continuation of the service which
Gold Cross has provided. The Trauma Committee of the Wichita County Medical
Society met on September 17, 1974, to review the services provided by Gold
Cross. The attached letter from Dr. Philip Stephenson, M.D. , Chairman of
the Trauma Committee, endorses the service provided by Gold Cross Ambu-
lance and recommends that it be continued. (See attached letter from Dr.
Stephenson.)
Exhibit B
SCHEDULE OF FEES
The following is the schedule of maximum fees for ambulance service
in the Cities of Burkburnett, Iowa Park, and Wichita Falls and Wichita
County:
Transfer Service - In Wichita Falls
(non-emergency) 9 A.M. to 4 P.M. $30.00
Emergency Service - Base Rate $40.00
Plus $1.00 per mile from pickup
to destination
No Pickup Fee $20.00
Extras:
Oxygen $ 5.00
Waiting time in excess of 15 minutes;
For each additional one-half hour 5.00
Special Handling 5.00
For each extra patient (up to 3 extra
patients) ; one-half total price charged
for single patients
Wichita County
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made this day of 197�',
by and between the State of Texas , hereinafter referred to as the "State",
Party of the First Part, and the City of Wichita Falls, Texas, acting by and
through its duly authorized officers under a resolution passed the
day of 1974, hereinafter called the "City", Party of the Second
Part.
WITNESSETH
WHEREAS, the State and City wish to cooperate as evidenced in Minute
Order 69335 dated October 1 , 1974, in constructing pavement and curbs and
gutters on Third Street and Duncan Street from State Highway 240 to Reilly
Street. The proposed work is to be accomplished as an urban project, being
part of the Federal-Aid Urban System as set forth in the 1973 Federal-Aid Highway
Act.
WHEREAS, the proposed work is eligible for Federal-Aid participation
under the Federal-Aid Urban Program. The project shall be constructed in
accordance with "Exhibit A", Plans and Specifications , attached hereto and
made a part hereof.
1 of 4
AGREEMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
and agreements of the parties here-to to. be made by them respectively kept and.
performed, as hereinafter set forth, it is agreed as follows :
PROJECT AUTHORIZATION. It is understood and agreed between the parties
hereto that the City, by virtue of the provisions of its charter and the laws
of the State of Texas , has primary responsibility for control over all streets
and public ways within the corporate limits of such city, unless otherwise
modified by law or agreement; and that the City has requested and consented to
the construction of this project; and that the State in construction of such
project does so at the special instance and request of the City. The City, in
consideration of the mutual covenants herein contained, does hereby agree to
and does hereby authorize the State to construct the roadway in the agreed upon
manner shown on the construction plans. It is mutually agreed that as the project
is developed to the construction stage, both parties shall have approved ..plans
by signature approval thereon.
CONSTRUCTION RESPONSIBILITIES.
The City will :
(1 ) Provide all right-of-way clear of obstructions.
(2) Provide for the adjusting of all utilities as may be required.
(3) Prepare construction plans and specifications which shall be approved,
by the State.
(4) Provide for the construction of curbs and gutters, storm sewers, drive-
ways , sidewalks , etc. , where none now exist, all as may be required, and agree
to make such installations in accordance with governing policies and regulations
, 2of4
of the Texas Highway Department.
(5) Maintain all work constructed as part of the project.
(6) Regulate traffic , prevent encroachment on the right-of:--way and prohibit
parking in the project area.
(7) Adopt and enforce such ordinances as may be necessary for proper operation
of the completed project.
The State will :
(1 ) Be responsible for the roadway improvements which include grading, base
and pavement.
SPECIAL CONDITIONS.
(1 ) After completion of the project, the City shall be responsible for
signing, striping, maintenance of the pavement, its support and all other features
necessary now or in the future to provide an adequate travel facility.
(2) In the event the terms of this agreement are in conflict with the pro-
visions of any other existing Agreement and/or Contracts between the City and
the State , this Agreement shall take precedence over the existing Agreements and/or
Contracts.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the day above stated.
3 of 4
ATTEST: CITY OF WICHITA FALLS
By
City Manager
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders ,
established policies, or work pro-
grams heretofore approved and author-
ized by the State Highway Commission
under Minute Order No. 69335
APPROVED AS TO FORM:
B
Assistant State Highway Engineer
City Attorney
RECOMMENDED FOR APPROVAL:
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance Operations
4 of 4
old. %GGy
A G R E E M E N T
THIS AGREEMENT entered into this 7th day of January _.
1975, between the City of Wichita Falls, Texas, hereinafter called Lessor,
and Joe M. Mayo and Joe M. Mayo, Jr. , copartners D/B/A Budget Rent-A-Car
of Wichita Falls, hereinafter called Lessee.
W I T N E S S E T H
WHEREAS, Lessor is the operator of an Airport located in Wichita Falls,
Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and;
WHEREAS, Lessee has indicated his desire to obtain certain advertising
space in the Airport Terminal Building.
NOW, THEREFORE, for and in consideration of the mutual covenants,
promises and agreements herein contained, the aforesaid parties hereby agree
with each--other..as follows:
I.
Lessor does hereby grant to Lessee the right and privilege of display-
ing an advertising sign, furnished_by Lessee, in the Claim Bag Area of the
Terminal Building, the location, size and design to be approved by Lessor;
which sign shall contain no rates or charges. Lessor does also hereby grant
to Lessee the right to install, at Lessee's expense, a direct line telephone
to Lessee's answering service and/or reservations desk for the purpose of %
customer convenience in arranging for rent car reservations.
II.
The term of this lease will be for a period of one (1) year, commencing
on the 1st day of January, 1975, and ending on the 31st. day of December, 1975.
Lessee shall have an option to renew said lease for two (2) successive one (1)
year periods, provided that the provisions of said lease shall be subject to re-
negotiations at the end of any or each of said one (1) year terms.
III.
In consideration of the privileges granted to Lessee herein, a total
amount of Twenty and No/100 Dollars ($20.00) shall be paid to Lessor in
advance each month during the term of this agreement.
IV.
E
E
It is further agreed by and between the parties hereto, after ninety
I
(90) days from the effective date hereof, that either the Lessee or the `
Lessor shall have the right to terminate this agreement upon thirty (30)
days written notice to the other party hereto, and the Lessee does fur-
ther agree to and with the Lessor that upon the termination of this lease
f
whether by lapse of time, or under any other conditions or provisions con-
tained herein, the Lessee will peacefully and quietly yield up and surrender I
I
the leased premises unto the Lessor. In this event the rent shall be appor-
tioned as of the date of the termination of this lease.
V.
Lessee shall, in case of fire or other casualty, give immediate notice
in writing to Lessor, who shall thereupon cause the damage to be repaired
forthwith-,provided' materials-,` supplies and--iabor--are-reasonably- available-.
If any portion of the premises is rendered unfit for occupancy, the rent
shall be apportioned for the-period_required to make-the- repairs. according - -
to according _to the part of -the premises, -if any,-which remain usable by Lessee. If the
entire building shall be destroyed, then within thirty (30) days after the
fire, or other casualty, either Lessor or Lessee may cancel this lease by
notice in writing to the other, effective as of the date of the mailing of
the written notice, except the rent shall be apportioned as of the date of
the fire or other casualty.
VI.
Lessee further agrees to indemnify and hold Lessor harmless for any
injuries or damage caused by or brought about by installing, moving, oper-
ating or removing said advertising sign and direct line telephone, or in
any other way contributed to by the advertising sign and direct line
telephone or operation connected therewith.
VII.
If default in payment of rent is made by Lessee, or if any other
convenant herein be breached by Lessee, then Lessor may terminate this
agreement and remove Lessee therefrom.
-2-
IN WITNESS WHEREOF, the Parties hereto have executed this agreement
on the day and year above written.
CITY OF WICHITA FALLS, TEXAS:
BY:
Ger d G. Fox, Manager
ATTEST:
Wilma J. Thomas, City Clerk
LESSEE:
BY
J4, L
oe M. Mayo, Copa r
/Joe M. Mayo, Jr. , C6partnier
D/B/A Budget Rent-A-C-ar o
Wichita Falls, Texas
APPROVES AS TO FORM:
7 . P. Ho ge, Jr. , �t�torney
l/