Min 01/18/1972 502
Wichita Falls, Texas
Memorial Auditorium Building
January 18, 1972
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:
Kenneth Hill Mayor
Harry Campsey
Harrison E. Taylor
Larry Lambert Aldermen
Dick Darner
J. C. Boyd, Jr. X
Bill Drake
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Darner.
Item 3
Moved by Alderman Campsey that minutes of the meeting held January 4, 1972,
be approved.
Motion seconded by Alderman Lambert, and carried unanimously.
jItem 4
Mr. W. A. Hotchkiss, Division Manager of Texas Electric Service Company,
presented a request for rate adjustment from Texas Electric Company. He presented
a rate schedule to the City Clerk. He stated that they realized in 1970 that an
adjustment would be necessary, but due to economic conditions they desired to
wait for a while. In June 1971 they knew they would have to request the increase,
and then the wage and price freeze came. The rates have not been increased since
1961, and voluntary decreases were experienced in 1963 and 1965. Even with this
six percent increase, costs will still be lower than in 1961. He explained that
they are growing faster in power usage rather than in number of customers. He
presented the inflation picture of their equipment. He mentioned delivery, labor,
and postage costs which have arisen. Power plant costs were also mentioned. Even
with this increase the bills will still be less than they were in 1961. This in-
crease is uniform in all cities where Texas Electric operates. In 1963 the reduc-
tion was 7.7 percent, and in 1965 it was 5.8 percent. With the proposed increase,
their rate of return would be 6.1 percent system wide. Alderman Boyd commented
that we have no way of testing the information which Mr. Hotchkiss presented. There
is no state regulatory body for electric rates. He inquired if there would be
any benefit in setting up a utility advisory board with Texas Electric Company,
and is there any way that the Council can get more information than they have?
Mr. Hotchkiss stated that they would be glad to get any information they desired.
He stated that in order to be qualified to serve on a utility board would take
more knowledge than most people would have, and it might lead to confusion and
misunderstanding. They would have to be highly qualified people in this type of
thing. Following a question from Alderman Lambert regarding a state utilities
commission, Mr. Hotchkiss stated that a community is in more of a position to
judge the type of service performed by the local utility company, but if there were
highly qualified people on the state level then it might be possible for it to be
handled if the cities in Texas so desire. He further stated that this has been
considered at the state level for the past two sessions, and that it may some day
come to pass.
Moved by Alderman Drake that the presentation be accepted, and that it be referred
to the City Manager for study and action at the next council meeting.
503
Item 4, Cont'd.
Motion seconded by Alderman Lambert, and carried unanimously.
Item 5
Robert R. Cowden, president of the two taxicab companies, requested a taxi-
cab rate increase and elimination of the gross receipts tax. Alderman Boyd in-
quired what he proposed to do if neither of their requests were granted. Mr.
Cowden stated that he felt they could continue to operate, but it would be at
a much lower level of service, and at a loss. He explained that he had not paid
the gross receipts for the past two months because he hasn't had the money. The
City Manager recommended the ten cents per trip increase as requested, based
on the information furnished by Mr. Cowden. He also recommended that the street
rental charge be reduced from two percent to one percent.
ORDINANCE NO. 2685
AN ORDINANCE AMENDING SECTION IV OF ORDINANCE 1631, AS AMENDED, INCREASING
THE RATE OF FARE TO BE CHARGED FOR ONE PERSON AND INCREASING THE RATE FOR
WAITING TIME, TO BE CHARGED BY TAXICABS.
Moved by Alderman Darner that Ordinance No. 2685 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Darner, Boyd and Drake
Nays : None
✓ ORDINANCE NO 2686
AN ORDINANCE AMENDING ORDINANCE NO. 1444, REDUCING THE STREET RENTAL CHARGE
OF TWO PERCENT TO ONE PERCENT OF THE GROSS RECEIPTS PER ANNUM FOR TRANS-
PORTING PASSENGERS BY TAXICAB WITHIN THE CITY OF WICHITA FALLS , TEXAS.
Moved by Alderman Darner that Ordinance No. 2686 be passed.
Motion seconded by Alderman Campsey.
A substitute motion was moved by Alderman Boyd that this ordinance be tabled
for 90 days to see what effect this increase in fare will have.
The motion died for lack of a second.
The motion for adoption of Ordinance No. 2686 was carried by the following
vote:
Ayes : Aldermen Campsey, Taylor, Darner, and Drake
Nays : Alderman Boyd
It is noted that Alderman Lambert did not participate in this discussion
on taxicab rates and rental, nor did he vote.
Item 6a
A proposed resolution was presented authorizing proposals to property owners
on Kell Freeway project.
r t
RESOLUTION NO. 1254
WHEREAS, it is necessary to acquire the property hereinafter described for
construction of the listed projects in the 1967 Capital Improvements Program, and,
WHEREAS, such property has been appraised by independent appraisers employed
for this purpose by the Texas State Highway Department and the amount of the state
approved values as determined from the appraisals have been studied by the Board
of Aldermen and copies are now in the possession of the Director of Public Works
and/or Assistant City Manager.
504
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Item 6a, ' Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION NO. 1 The projects and properties to be purchased by Warranty Deeds
are as follows :
Kell Freeway - Project 52-071
Warranty Deed
325 s.f. of Lot 1 , Block 19-A, Highland Addition
1412.5 s.f. Lot 5, Block 19-A, Highland Addition
2736 s. f. Lot 6, Block 19-A, Highland Addition
817.5 s. f. of Lot 18 & 19, Block 18-A, Highland Addition
10,223.5 s. f. of Lot 1 & 2, Block 23, Jalonick Addition
Combined total of values approved in this resolution ------------$85,750.00
SECTION NO. 2 The values of such properties are hereby approved and the
City Manager is hereby authorized to purchase in the name of the Texas State
Highway Department, or the City of Wichita Falls, by Warranty Deed, such tracts
of land as shown on the project right-of-way map. The authorized price to be paid
for each tract is the state approved value as determined from appraisals made by
the independent real estate appraisers employed by the Texas State Highway
Department.
SECTION NO. 3 In the event the City Manager is unable to purchase any such
tract or tracts for such approved values, he is hereby authorized and directed to
cause to be instituted condemnation proceedings to obtain such tracts in the name
of the Texas State Highway Department or the City of Wichita Falls.
Moved by Alderman Boyd that Resolution No. 1254 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 6b
A proposed resolution was presented authorizing the city manager to execute
a utility adjustment agreement with Lone Star Gas Company for the railroad reloca-
tion project.
e RESOLUTION NO. 1255
WHEREAS, the City of Wichita Falls and the Texas State Highway Department
are cooperating in the construction of F.W.D.R.R. Relocation, Project 52-087 under
the 1967 Capital Improvements Program of the City of Wichita Falls; and,
WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Depart-
ment entered into a contractual Agreement dated January 31, 1968, wherein the
State and the City will participate equally in the right-of-way and utility ad-
justments required for the F.W.D.R.R. Relocation project; and,
WHEREAS, the said proposed F.W.D.R.R. Relocation, Project 52-087 crosses
the pipe lines owned by Lone Star Gas Company; and,
WHEREAS, adjustments will have to be made to the pipe lines to allow construc-
tion of the proposed F.W.D.R.R. Relocation project; and,
WHEREAS, the Lone Star Gas Company has a prior easement for the pipe lines;
and,
505
Item 6b, Cont'd.
WHEREAS, the Lone Star Gas Company has proposed an agreement in which the
City of Wichita Falls would reimburse Long Star Gas Company the sume of Eight
Thousand Six Hundred Twenty-Four and 93/100 ($8,624.93) Dollars for the cost of
the adjustments to the pipe lines; and,
WHEREAS, the Texas Highway Department will reimburse the City in an amount
equal to fifty percent (50'/) of the actual cost of this utility adjustment as soon
as the State approves the final billing as prepared by Lone Star Gas Company.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
The certain letter of agreemebt between the City of Wichita Falls, and the
Long Star Gas Company for the adjustment of the pipe lines is hereby approved,
and the City Manager is authorized to execute it for the City of Wichita Falls.
Moved by Alderman Darner that Resolution No. 1255 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 6c
k4 .
A resolution was
proposed presented authorizing final payment to Heber
Brantley for hot mix surface course on Midwestern Parkway, Phase II.
RESOLUTION NO. 1256
WHEREAS, the City of Wichita Falls , as owner, and Heber Brantley, as con-
tractor, entered into a contract dated August 19, 1969, wherein said Contractor
agreed to consturct Hot Mix Asphaltic Surface Course on Project 52-074, Midwestern
Parkway, Phase II, from Jacksboro Highway to U.S. 281 Expressway of the 1967
Capital Improvements Program; and,
WHEREAS, the Federal-Aid Highway Act of 1968 created the program entitled
Urban Traffic Operations Program to Increase Capacity and Safety, known as
TOPICS; and
WHEREAS, the Midwestern Parkway, Phase II Project will quality for the
TOPICS Program;and
WHEREAS, the City of Wichita Falls desires to fund the Midwestern Parkway,
Phase II Project under the TOPICS Program; and,
WHEREAS, the Contractor has agreed to accept payment for the work performed
under their contract and cancel the remaining part of the contract; and
WHEREAS, the total amount of work performed is $4,505.13, all of which has
been paid to said Contractor except the sum of $450.51;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of such Project by said Contractor is accepted by the City
of Wichita Falls, the final estimate is approved, and the City Manager is dir-
ected to pay the said Contractor the balance due as shown on such estimate.
Moved by Alderman Taylor that Resolution No. 1256 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
506
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Item 6d
; f
A proposed resolution was presented authorizing final payment to Stuckey
Construction Company for concrete on Midwestern Parkway, Phase II.
RESOLUTION NO. 1257
WHEREAS, the City of Wichita Falls, as owner, and Stuckey Construction
Company, as contractor, entered into a contract dated August 19, 1969, wherein
said Contractor agreed to construct Curb and Gutter, Sidewalk, Drive Approaches
and Drainage Structures on Project 52-074, Midwestern Parkway, Phase II, from
Jacksboro Highway to U.S. 281 Expressway of the 1967 Capital Improvements Program;
and
WHEREAS, the Federal-Aid Highway Act of 1968 created the program entitled
Urban Traffic Operations Program to Increase Capacity and Safety, known as TOPICS;
and
WHEREAS, the Midwestern Parkway, Phase II Project will qualify for the TOPICS
Program; and
WHEREAS, the City of Wichita Falls desires to fund the Midwestern Parkway,
Phase II Project under the TOPICS Program; and,
WHEREAS, the Contractor has agreed to accept payment for the
work performed under their contract and cancel the remaining part of the contract;
and
WHEREAS, the total amount of work performed is $85,695.84, all of which has
been paid to said Contractor except the sume of $4,632.65 ;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
The construction of such Project by said Contractor is accepted by the City
of Wichita Falls, the final estimate is approved, and the City Manager is directed
to pay the said Contractor the balance due as shown on such estimate.
Moved by Alderman Darner that Resolution No. 1257 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 6e
i
A proposed resolution was presented amending the Lakeside City water purchase
j contract to allow them six months more to complete their water system.
F J
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RESOLUTION NO. 1258
WHEREAS, heretofore the City of Wichita Falls and the town of Lakeside City
entered into a contract dated April 13, 1970 providing for the sale of treated
water by Wichita Falls to Lakeside City; and,
WHEREAS, Section 3 of such contract provided that, unless water is taken
within two years from the date thereof, the contract shall be void; and,
WHEREAS , Lakeside City has experienced many delays in their efforts to complete
their water system, and have requested an extension of six (6) months in such
deadline.
NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The period of time within which Lakeside City is required to take water in
order to prevent voidance of such contract under Section 3 thereof is hereby ex-
tended for a period of six (6) months, and the City Manager is authorized to execute
any document necessary to evidence this extension of time.
507
Item 6e, Cont'd.
Moved by Alderman Lambert that Resolution No. 1258 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor , Lambert, Darner, Boyd, and Drake
Nays : None
Item 6f
A proposed resolution was presented authorizing the mayor to execute a
financial advisory contract with First Southwest Company for water and sewer
revenue bond sales. The City Manager recommended approval of this contract,
stating that we would not have any financial obligation to them if the bonds are
not approved, but if they are, our obligation would be due at the time the bonds
are sold.
/ RESOLUTION NO. 1259
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
That certain financial advisory contract, a copy of which is attached hereto,
dated December 21, 1971, between the City of Wichita Falls and First Southwest
Company, with reference to the issuance of approximately $2,500,000.00 in water
and sewer system revenue bonds, is hereby approved, and the Mayor is authorized
to execute the same for the City of Wichita Falls.
Moved by Alderman Taylor that Resolution No. 1259 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
r Nays : None
Item 6g
A proposed resolution was presented approving a pipe line license from M-K-T
Railroad to the City for sewer extension to serve Allis-Chalmers plant.
. RESOLUTION NO. 1260
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
That certain pipe line license, a copy of which is attached hereto, dated
December 27, 1971 between Missouri-Kansas-Texas Railroad Company and the City
of Wichita Falls, authorizing the City to construct, maintain and operate a
twelve-inch sanitary sewer main along and across the railroad right of way, is
hereby approved, and the Mayor is authorized to execute and deliver the same for
the City of Wichita Falls.
Moved by Alderman Darner that Resolution No. 1260 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays: None
Item 7a
l Bids were considered on construction of the sewer extension to Allis-Chalmers
plant. The low bid was recommended to B & G Utilities Construction Company of
Burkburnett, in the amount of $30,228.70.
508
Item 7a, Cont'd.
RESOLUTION NO. 1261
WHEREAS , heretofore the City of Wichita Falls advertised for competitive
bids for the construction of sanitary sewer lines facilities extension which will
serve the new Allis-Chalmers facility; and
WHEREAS, four bids were received, and the bid of B & G Utility Construction
Co. , Inc. , of Burkburnett, Texas, was the lowest and best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
The bid of B & G Utility Construction Co. , Inc. in the amount of Thirty
Thousand Two Hundred Twenty-eight Dollars Seventy Cents ($30,228.70) is hereby
accepted, and the City Manager is authorized to execute, for the City of Wichita
Falls , a contract with said bidder for the construction of such sewer line facilities.
Moved by Alderman Boyd that Resolution No. 1261 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 7b
It was recommended that the low bid for an annual supply of automotive storage
f' batteries be awarded to Southland Batteries, Wichita Falls, in the amount of
$3,978.55.
Moved by Alderman Drake that the bid be awarded as recommended.
Motion seconded by Alderman Taylor, and carried unanimously.
1 Item 7c
f'
! It was recommended that the low bid for an annual supply of oil and grease be
awarded to American Petrofina, in the amount of $8,785.80.
(ti Moved by Alderman Boyd that the bid be awarded as recommended.
Motion seconded by Alderman Darner, and carried unanimously.
Item 7d
/ It was recommended that the bid for an estimated annual supply of diesel oil
be awarded to Chester Wood Oil Company, in the amount of $.1025 per gallon $7,175.00) .
i
Moved by Alderman Campsey that the bid be awarded as recommended.
Motion seconded by Alderman Drake, and carried unanimously.
Item 7e
It was recommended that the bid for center column replacement arms and nozzles
for waste water treatment be awarded to Saint Jo Engineering, Inc. , Saint Jo,
Texas, in the amount of $10,231.44.
Moved by Alderman Campsey that the bid be awarded as recommended.
Motion seconded by Alderman Drake, and carried unanimously.
509
Item 8a
Permission was requested to advertise for bids on a pre-fabricated metal
F ' building for the Sanitation Department.
Moved by Alderman Darner that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 8b
Permission was requested to advertise for bids on a sewer extension to Central
Manufacturing Company and relocation for North Beverly project.
Moved by Alderman Boyd that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Taylor, and carried unanimously.
Item 10
A proposed resolution was presented authorizing a construction agreement
between the City and Texas Highway Department for construction of Midwestern
Parkway from Herring Lane to Armory Road.
RESOLUTION NO. 1262
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 Midwestern Parkway Federal-Aid Urban Project, is
hereby approved, and the City Manager is authorized to execute the same for the
City.
Moved by Alderman Drake that Resolution No. 1262 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 11
t w RESOLUTION NO. 1263
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS ,
TEXAS, THAT:
James T. Farr is hereby appointed Municipal Judge for a term of two (2)
years beginning February 1, 1972, with a salary of $13,200.00.
Moved by Alderman Lambert that Resolution No. 1263 be passed.
Motion seconded by Alderman Darner, and carried by the following vote :
Ayes : Aldermen Taylor, Lambert_, Darner, Boyd, and Drake
Nays : None
Alderman Campsey abstained from voting.
510
Mrs. Frances L. Wall appeared again as Executive Director of the Senior
Citizens Center. She again requested the Council to consider the possibility of
reduced bus fares for senior citizens. It was decided that this matter would be
placed on the agenda for February 1. She also mentioned that someone had complained
to her that cab fares vary from one driver to another in going to and from the
same place. The Council desired that the City Manager investigate this complaint.
Alderman Lambert inquired why the data access control ordinance had not been
placed on the agenda this month. The City Manager explained that additional re-
view was requested by the Council, and part of the information has not been received,
and that it will be placed on the agenda when it has been received.
Alderman Boyd called on John Moore to explain what was meant by the newspaper
article referring to the 8 :30 pre-council meetings with regard to the public being
neither encouraged nor discouraged from attending. Mr. Moore explained, whereupon
Alderman Boyd stated that he would encourage people to attend.
Moved by Alderman Campsey that the meeting be adjourned.
Motion seconded by Alderman Boyd, and carried unanimously.
The Board of Aldermen adjourned at 11:35 A.M.
PASSED AND APPROVED this �/ _ day of 1972.
Mayor
ATTEST:
City Clerk
Wichita County
Control
STATE OF TEXAS X
COUNTY OF WICHITA X
This AGREEMENT, made this day of ,
by and between the State of Texas, acting through the Texas Highway Department,
hereinafter called the "State", Party of the First Part, and the City of
Wichita Falls, Wichita County, Texas, acting by and through its duly authorized
officers under a Resolution passed the 18th day of January ,
1972 hereinafter called the "City", Party of the Second Part:
W I T N E S S E T H :
WHEREAS, the State and the City wish to cooperate as evidenced in
Minute Order , dated , in the construction of
Midwestern Parkway from Herring Street to Armory Road, a distance of 0.76
miles, and the installation of traffic signals and controls at the intersection
of Midwestern Parkway and Jacksboro Highway (Spur 473) in the City of Wichita
Falls. The proposed work is to be accomplished as an Urban Project being part
of the Federal-Aid Urban System as set forth in the 1970 Federal-Aid Highway
Act. The project shall be constructed in accordance with EXHIBIT 1, PLANS,
attached hereto and made a part thereof:
A G R E E M E N T
NOW, therefore, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively
kept and performed, as hereinafter set forth, it is agreed as follows:
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The complete plans and specifications for improving Midwestern Parkway
from Herring Street to Armory Road into a four-lane divided arterial street
and installation of traffic signals and controls at the Jacksboro Highway
(Spur 473) intersection, supplemented by certain essential provisions for
handling by the State, and subsequently approved by the City and the State,
, as shown in EXHIBIT 2, SPECIFICATIONS, attached hereto and made a part thereof,
describe the work to be done under this agreement, in compliance and conformity
with the Texas Highway Department Standard Specifications for Road and Bridge
Construction and applicable recognized standards of American Association of
State Highway Officials and the Institute of Traffic Engineers as referred to
therein, and in conformity with other standards for materials, manufacture
and performance, as referred to in EXHIBIT 2.
D I V I S I O N O F R E S P O N S I B I L I T I E S
1. The State will be responsible for the construction of pavement and
its support.
2. The City will furnish free of cost, all the necessary right of way
clear of all obstructions, including utility adjustments. The City shall
assume the financial responsibility for curb and gutter, sidewalks and
driveways, storm sewers, all as may be necessary for a complete project.
3. The City and the State consent to the construction of the traffic
signals at the intersection as shown listed in EXHIBIT 1, and to the location
and manner of construction as shown therein and described in EXHIBIT 2.
The State will reimburse the City for the cost of all labor, equipment,
and materials required to perform the work of installing the traffic signals
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and controls at the Jacksboro Highway (Spur 473) and Midwestern Parkway
Intersection, as provided for in the plans and specification, EXHIBITS 1
and 2. Monthly partial reimbursement and final reimbursement to the
City will be made upon receipt of properly certified Form 132 after
compliance with the following provisions:
a. The City will install all equipment and materials for the
complete signal and control system required by the plans using
labor and supervisory personnel employed directly by the City,
and using City-owned or leased machinery and vehicles necessary
for the work, at wage, salary and rental rates consistent with
those being paid or charged by the City for similar work on
other construction and maintenance operations being currently
carried on by the City, and subject to prior agreement between
the State and the City as to the "Labor Additive Rate" and
equipment rental schedules.
b. The City will purchase all major items of equipment and material,
such as traffic signal controllers, traffic signal poles, traffic
signal heads, vehicle detectors, conduit, multiple conductor
cable and single conductor wire, for the complete signal and
control system, on competitive bids from at least two competent
and reputable suppliers. All equipment and materials for
use on existing equipment may be purchased by the City from a
factory authorized dealer or distributor for the original
basic equipment that is being repaired, modified or additions
made thereto and the State will reimburse the City for such
purchases. On other items of equipment and material, normally
carried in stock by the City, the use of City stock items will
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be satisfactory and the State will reimburse the City for the cost of
such items, provided these items were purchased on competitive bids
obtained from at least two competent and reputable suppliers, and provided
the State shall have given prior approval to the use of these items.
All equipment and materials used for the work shall be new and undepreciated
items purchased at the low bid price submitted by approved bidders
for the equipment or materials involved.
c. The State shall make suitable, frequent, and complete inspections
of all materials, equipment, and the work of installation to determine
and permit certification that the project and its components meet all
applicable requirements of the plans and specifications for the purpose
of constituting a complete traffic signal and control system, in suitable
condition for operation and maintenance by the City after its completion.
The State and the City will cooperate to provide for inspections as required
by agencies of the United States Government in administering the provisions
of the Federal-Aid Highway Act of 1970 and regulations applicable to
this Act.
d. The City will provide opportunities, facilities, and representative
samples to enable the State to carry on suitable, frequent and
complete inspection of all materials, equipment and installation
methods, sufficient to afford determination and certification by
the State that all parts of the installation and the component
materials and equipment comply with the requirements of the approved
plans and specifications. The State will promptly notify the
City of any failure of materials, equipment or installation
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methods to meet the provisions of plans and specifications, and
the City will take such measures as necessary to obtain acceptable
system components and installation procedures without delay.
e. The City shall keep and furnish to the State complete and detailed
records of the cost of all labor, materials, equipment and in-
cidental items required for the complete system and its installation,
to permit an accurate final audit of the cost of the system
for which the State is to reimburse the City, and these basic
records shall be retained by the City for a sufficient length
of time to comply with the terms of the Department of Transportation,
Federal Highway Administration Policy and Procedure Memorandum 30-9.
All equipment and materials salvaged from existing signal and control
installations at the locations shown in EXHIBIT 1 shall be accounted
for, and if sold, returned to City stock or to use in signal
installations in other parts of the City, the actual depreciated
value of such items shall be accounted as a credit to this project.
The City shall make available to the State, and to any other
agency involved in the funding of this project, the complete records
covering the cost and salvage credits for all parts of the materials,
equipment and work of installation of this system of signals and
controls.
4. After completion of the project, the City shall be responsible for
signing, striping, maintenance of the pavement, its supports and all other
features necessary now or in the future to provide an adequate travel facility.
S. The City will operate and maintain the traffic signals and control
system upon completion of the installation, and will be responsible for all
costs incident thereto.
6. The City will return any and all parts of the equipment and materials
in the system covered by this agreement to the State should they be removed by
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the City for any reason other than for installation on a State or Federal
numbered highway route at a location approved by the State.
7. The City will pass and enforce any ordinances and regulations necessary
to provide for traffic operations in accordance with proper and effective
utilization of the traffic signal and control system.
8. The City will operate the control system with the objective of
increasing or optimizing the capacity and safety of traffic operations on
streets in the project area, with due regard to the needs of both urban and
highway traffic, in accordance with recognized principles of current traffic
engineering practice. Any questions that may arise concerning general
operating practices involving the system and the streets in the project
area will be negotiated by the City and the State.
9. The City will pass and enforce an ordinance eliminating angle
parking in the project area.
10. In the event the terms of this Agreement are in conflict with the
provisions of any other existing Agreements and/or Contracts between the
City and the State, this Agreement shall take precedence over the existing
Agreements and/or Contracts.
7 -
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be executed in triplicate on the day above stated.
ATTEST: CITY OF WICHITA FALLS
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City Clerk City pager
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies,
or work programs heretofore
approved and authorized by the
State Highway Commission under
Minute Order No. 60394
APPROVED AS TO FORM: By
Assistant State Highway Engineer
RECOMMENDED FOR APPROVAL:
General Avt5brney
o th City
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance 'Operations
g OP
Director, Finance
Form 179
Pipe Line License
27th December __� D. 19_.71_.between
AGRE'E1MF,NT, nade this_ -- --____-- -- ---__--_dav of--_-__
�11SSOURI K/1NS,�S TL?XAS RAII•I.OAI► l'�ll\11':1 _hereinafter called "Licensor," and
CITY OF WICHITA FALLS_,_ TEXAS ddress - . Wichita-Fal Is- -_ -State of
Texas hereinafter called "Licensee."
1. In consideration of ONE TIME CHARGE OF ONE HUNDRED TWENTY AND NO/100 ($120,001
DOLLARS hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Licensor
hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, niain-
tain, and operate_ 011e _pipe line_, hereinafter called the "Crossing," not exceeding 12
sanitary sewa e
inches in diameter to be used for carrying__ ___.__gross or along the right of way or other grounds
constituting a part of Licensor's railroad at or near the Station of Wichita Falls --.in the
INi ch i t a Texas
County of _— and State of --------
Said twelve (1211) inch sanitary sewer pipe line enters said Railroad
Company's Northeasterly right of way line at an angle of 14 degrees,
more or less, measured to the left northwesterly from said Railroad
Company's Northeasterly right of way line, said point being opposite
main track valuation chaining station 193+62.3;
Thence continuing Northwesterly a distance of 23 feet, more or
less , to an angle point, said point being distant 6 feet measured
to the left, southwesterly, at right angles from said Railroad Company's
Northeasterly right of way line;
Thence deflecting an angle of 14 degrees, more or less, to the right,
northwesterly, parallel with and distant 6 feet, measured south-
westerly at right angles from said Railroad Company's northeasterly right
of way line, a distance of 245 feet, more or less, to an angle point;
Thence deflecting an angle of 6 degrees 10 minutes to the left, north-
westerly, a distance of 185.9 feet, more or less, to an angle point;
Thence deflecting an angle of 6 degrees 09 minutes to the right, north-
westerly, parallel with and distant 22 feet, more or less, measured
northeasterly at right angles from the centerline of said Railroad
Company's main track, a distance of 226.3 feet, more or less, to an angle
point, said point being a proposed manhole;
Thence deflecting an angle of 90 degrees to the left, southwesterly,
crossing under said Railroad Company's main track at main track valuation
chaining station 200+38, a distance of 72 feet, more or less, to the point
of leaving said Railroad Company's Northwesterly right of way line.
All as shown on print of Drawing B-4110 dated December 16, 1971, Office
of Chief Engineer, Denison, Texas, attached and made a part hereof.
Said pipe line shall be encased in a larger pipe where it passes tinder any railroad track and for at least
ten (10) feet on each side of the center line of any such track.
2. The crossing shall be laid and maintained ;it the sole cast of Licensee in a manner and with
material satisfactory to Licensor's Chief Fnginecr, with its top at least four- (4) feet below the bottom
of the ties under the track, and at Ic;ist two (2) feet below the surface of the ground elsewhere, so it
will not interfere with the safe operation of said railroad or cause darnage to said Licensor's premises.
If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no-
tice from Licensor so to do, Licensor may make such repairs as the lgcnt and at the cost and risk of
Licensee, and licensee shall, upon demand, reimburse to Licensor all such cost with ten -per cent (10%)
thereon as a charge for supervision, accounting and use of tools. But failure of Licensor to make such
repairs shall not release Licensee from liability for injury or damage resulting therefrom.
3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized shill
At anv time, in the Judgment of Licensor, interfere with any use Licensor may desire to make of said prenr
or vyith the safe or ronvenicnt operation of its business, or if Licensee shall fail to keep any of I.+-
� ,�,c� 'ti covenants herein, I_.1cenS()1' uray cancel and icrnninate this contract on giving to Licensee not letis
th;u, ten days (10) days' advance written notice of its desire and intention so to do.
4. Upon the termination of this agreement, whether in accordance with the provisions of Paragraph
3 „r of Paragraph 6 hereof, or otherwise, Licensee small remove said Crossing from Licensor's premises,
and restw-C said premises to their prior condition or to a condition satisfactory to Licensor's Chief Engineer,
and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this
agrccnu�ntI Licenor may remove the same and restore. said premises as herein provided as the agent and
atIthe expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten
per ! 1(M i thereof as a charge for supervision, accounting and use of tools, within ten (10) days after
dum;wd therefor.
S. Licensor shall not be liable for any damage to said crossing or the contents
thereof, howsoever such damage shall be caused, whether by the negligence of Licen-
sor, its agents, servants, or employees, except when caused by the willful acts of
Licensor, its agents, servants, or employees .
Licensor and Licensee each agree to be responsible for their respective acts
of negligence causing injury to or death of persons whomsoever or damage to property
whosesoever which result from or are incident to the construction, maintenance, use,
operation or existence of said crossing on Licensor's premises, or the removal there-
of from said premises, or to the restoration of or failure to restore said premises
to their prior or other condition as herein provided. It is further agreed that if
any claim or liability shall arise from the joint or concurring negligence of both
parties hereto, it shall be borne by them equally. It is understood that it is not
the intention of the parties hereto to create liability for the benefit of third
parties, but that this agreement shall be for the benefit of the parties hereto.
Licensee shall not have or make against Licensor any claim or demand for or
on account of any damage Licensee may suffer or sustain because of any failure of
Licensor's title to the right of way and lands occupied by said crossing or any part
thereof.
This agreement shall bind and incur to the benefit of the parties hereto, their successors and as
signs, or heirs, executors and administrators, but l.iccnsee shall not assign the same without the Hritten
consent of Licensor.
27th December 71
This agreement shall take effect thc__- 12_--
and unless terminated as above provided, shall continue in force for one '(1) year and thereafter
until terminated by one of the parties giving to the other not less than thirty (30) days' advance no-
tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such
,).mice.
In TESTIMONY WHEREOF, witness our hands, this the day and year first above written.
MISSOURI-KANSAS-TI?XAS RAILROAD COMPANY---- --.---.
(Licensor)
By
Title Vice President
CITY OF WICHITA FALLS, TEXAS
(Licensee)
By
Attest: Title Mayor
Lc/o Biggs & Mathews
�QJ •�•�� Address- 017 Faith Road
' Wichita Falls, Texas 76308
Approwd as Jci .fora
City Attorney
File: T-18142
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