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Min 11/21/1972 667 Wichita Falls, Texas Memorial Auditorium Building November 21, 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: J. Winston Wallander Mayor Harry Campsey Harrison E. Taylor X Larry Lambert Aldermen Willard Still J. C. Boyd, Jr. X Mrs. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Taylor. Item 3 Moved by Alderman Boyd that minutes of the meetings held October 31 and November 7, 1972, be approved. Motion seconded by Alderman Still, and carried unanimously. Item 4a Mayor Wallander presented an honorary citizen award to Airman Gregario Villareal, who was chosen as Airman of the Month. Item 4b Mrs. William H. Hall, 4301 Lake Park Drive, appeared in regard to the high water they had on Lake Park Drive during the last big rain. She stated that she could not get her car out of the driveway, and all her neighbors suffered in the same way. She feels it is a drainage problem that needs to be corrected. She explained that she has lived there one year, and water has been in her garage 3 times. She stated that water almost came into her house. She stated that the City created this problem. Drainage from North Winds, South Winds, and Edgemere flows down on them. The drainage ditch behind her house is stopped up. Water completely covers her back yard during heavy rains. Her stockade fence was washed down, and the gate washed away. Mayor Wallander read the memorandum from Ernest Lillard explainirg the drainage problems in that area. The run-off from the south exceeded the capacity of the existing channel, along with the high water from Holliday Creek. Both of these flows met near Brenda Hursh Drive and began expanding from that point. The Mayor stated that the City did not develop those residential areas, and they did not cause the problem. Mrs. Pete Graham appeared, who lives on Barna Road. She stated that they had not had this problem to this magnitude before. Until three weeks ago they could always drive through the water in the streets, but after this last rain they could not. She mentioned that all the drainage from the Edgemere area flows down to their area. There is no place for it to go except in the streets and yards. She stated that the water cannot get to Holliday Creek from where it is coming from. She mentioned a bridge across Brenda Hursh which provides a good dam, preventing the water from draining. The City Manager explained that the project is scheduled to go to Brenda Hursh with a concrete lined ditch, and will probably be completed 666 Item 4b, cont'd. within the next six months. From Brenda to Weeks, it would take a capital improve- ments program to fund it. Mrs. Graham related a story of she and her husband both trying to get home, and how the water was chest deep to her husband. They also lost a car. Mayor Wallander stressed the importance of comprehensive planning. The staff is working on this, and he believes that perhaps we can prevent these things in the future. Mrs. Robert Scheurer, 4219 Lake Park Drive, mentioned the ditch behind her home, which has been gradually stopping up. Trash has been dumped into this ditch. She also mentioned the strong current of the water. She stated that it has never been as severe as this last rain, in the 15 years she has lived there. Johnny Watson, 3903 Lake Park Drive, appeared stating that they have not seen it as bad in the past 11 years they have lived there as it was this time. He mentioned possible relief in correcting the bridge repair at Brenda Hursh. He stated that this problem is not caused by Holliday Creek, but through develop- ment of North Winds , South Winds, and Edgemere, and proper drainage facilities not being provided. Earl Deland stated that the reason the bridge is not functioning as it should at this time is that the flow line of the downstream channel going north from Brenda Hursh is higher than the bottom of the culvert. Once the bridge is com- pleted the channel will be lowered and it will function properly. He stated that it has been the City's policy for the past ten years to require developers to provide drainage improvements in new subdivisions. He is not required to provide drainage outside his subdivision. If downstream areas are not designed to take care of the water, then they may get some flow from it. Mr. Watson stated that it seemed that something could be done to clean out the ditch until funding can be made from Brenda Hursh to Weeks. Jack Carnes, 4005 Lake Park Drive, stated that they have a tremendous problem, and would like to know what they can expect in the future. He feels the City has adequate means to take care of this situation, and is asking for help in solving this problem. Earl Deland stated that if the ditch is lowered it will help the situation, but does not think it will alleviate the problem. Alderman Boyd stated that in 1941 this same thing happened. They borrowed some vehicles from the Air Force to get in the area. He stated that he waded in water to his arm pits at that time, and there were no housing developments there then. Johnny Waston stated that he remembered that incident in 1941, but at that time the water was caused from Holliday Creek, but this time it wasn't. There has been a lot of work done on Holliday Creek in the past 30 years. Mayor Wallander stated that we are perhaps looking at another drainage bond program. When we get the ditch from Brenda to Barna, then it should help some. This is part of a bond program. Dr. Hall stated that he previously requested that the ditch be cleaned out, and would like to have some relief. The City Manager stated that cleaning the ditch is a legitimate request. Item 5a A proposed ordinance was presented accepting improvements on the Old Jacks- boro Highway. ORDINANCE NO. 2755 1 ORDINANCE ACCEPTING IMPROVEMENTS OF A PORTION OF LOOP 473 FROM THIRTIETH STREET TO CHRISTINE STREET IN THE CITY OF WICHITA FALLS , TEXAS, AS DESIGNATED IN ORDINANCE NO. 2667 DECLARING THE CONTRACT WITH THE TEXAS STATE HIGHWAY DEPARTMENT, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES 669 Item 5a, cont'd. IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; 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 Taylor that Ordinance No. 2755 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays None r j r Item 5b A proposed annexation ordinance was presented. 7 � ORDINANCE NO. 2756 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS , TEXAS , BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Campsey that Ordinance No. 2756 be introduced, elimin- ating Tracts II, III, and IV, and retaining Tracts I and V. Motion seconded by Alderman Still. It was pointed out that Tract I was in the Kell Freeway area, and Tract V is Lake Arrowhead. Alderman Campsey ekplained that he believed that best in- terests would be served by leaving out those three tracts. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough. Nays : None Alderman Still stated that there are indications that things have been done and said concerning annexation policies without consulting the Council. He read an industrial annexation policy into the record (copy attached) . Moved by Alderman Still that the industrial policy of annexation for Wichita Falls be adopted. Motion seconded by Alderman Lambert, and carried unanimously. J d Item 6a A proposed resolution was presented accepting Texas Highway Commission Minute Order No. 66778 for TOPICS improvements at various locations. RESOLUTION NO. 1365 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The provisions of Minute Order No. 66778 passed by the Texas Highway Commission on November 3, 1972, a copy of which is attached hereto, and is made a part thereof, providing for assistance in channelizing and signali- zing the intersections of Kell Boulevard and Lawrence Road, Kell Boulevard and Grant Street, and Fairway Boulevard and Midwestern Parkway are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the Texas Highway Department and fulfill its obligations so stipulated in said Minute Order as being the responsibilities of the City. 670 Item 6a, cont'd. BE IT FURTHER RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls desires the State Highway Department to include the City's portion of the work in the State 's construction contract, and the City Manager of the City of Wichita Falls is hereby authorized to enter into a fixed sum agreement with the State Highway Department for such work and its cost as may be mutually agreed upon. Moved by Alderman Campsey that Resolution No. 1365 be passed. Motion seconded by Alderwoman McCullough. The City Manager explained that the only costs, if any, which we would incur would be minor utility relocations. Ed Whitnell, Director of Traffic, stated that a fire hydrant and two poles are the only items to be considered, and Texas Electric may move the poles. The motion for passage of the resolution was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough. Nays : None j Item 6b A proposed resolution was presented authorizing an application for compre- hensive planning assistance grant. The City Manager explained that this would be for a second funding year beginning next July; however, the application must be submitted ahead of time. Alderman Boyd inquired what was meant by a reference in Mr. Ondrejas ' memo to a decent home (under Housing and Community Development) . Steve Ondrejas commented on what they will be doing to find out what other cities are doing in this respect, and what courses of action are available to be considered by the City. The City Manager mentioned the demolition ordinance as an example of the City's efforts to provide a better place for its citizens to live. He also men- tioned that the City could make it known to families what is available in other agencies to assist them in doing for themselves to obtain a decent home. RESOLUTION NO. 1366 WHEREAS, the City of Wichita Falls does not have an adequate and complete comprehensive plan for the development of the city, and such a plan is essential to the implementation of the Urban Development Goals which were adopted by the Board of Aldermen by Resolution No. 1269; and , WHEREAS, Federal funds for such project are available under the provisions of Title VII, Section 701 of the Housing Act of 1954, Public Law 83-560, as amended by Public Law 89-117, through the Department of Housing and Urban Development; and, WHEREAS, the City Planning Department has prepared an application for a grant in the amount of $56,213.00 for the purpose of financing the necessary studies, surveys and publications required for the completion of such a comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Gerald G. Fox, City Manager, is authorized and directed to com- plete and file the application for such grant with the Department of Housing and Urban Development; the City Manager is further authorized to sign any necessary documents requested to carry out and complete such project on behalf of the City. SECTION 2. With regard to this grant, the City shall follow Title VIII of the Civil Rights Act of 1968, which provides that it is the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States, and requires the Secretary of Department of Housing and Urban Development to administer the department's programs and activities in a manner affirmatively to further the policies of such Title VIII. 671 Item 6b, cont'd. SECTION 3. With regard to this grant, the City agrees to follow the Equal Employment Opportunity Clause contained in Part II, Terms and Condi- tions , Comprehensive Planning Grant Agreement, which provides that the grantee shall not discriminate against any employee or applicant for em- ployment because of race, color, religion, sex or national origin, and will take affirmative action to insure equal opportunity in its employment practices. Moved by Alderwoman McCullough that Resolution No. 1366 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6c A proposed resolution was presented authorizing a contract with Texas Water Development Board for water resource investigations for the 1972-73 fiscal year. RESOLUTION NO. 1367 RESOLUTION APPROVING CONTRACT WITH TEXAS WATER DEVELOPMENT BOARD FOR CERTAIN WATER RESOURCE INVESTIGATIONS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain contract dated August 31, 1972, a copy of which is attached hereto, between the City of Wichita Falls and the Texas Water Development Board providing for certain water resource investigations for the state fiscal year ending August 31, 1973 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls.' Moved by Alderman Boyd that Resolution No. 1367 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6d A proposed resolution was presented continuing the Health Unit and mak- ing an appointment to the Board of Health, as required by law. / RESOLUTION NO. 1368 RESOLUTION CONTINUING CITY-COUNTY HEALTH UNIT FOR TWO YEARS AND ,Y APPOINTING MEMBER TO BOARD OF HEALTH BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS : SECTION 1. The Wichita Falls City-County Health Unit shall be continued as a City-County health unit under Article 4436a-1 of the Revised Civil Statutes of Texas for the two year period from January 1, 1973 through December 31, 1974. SECTION 2. Kenneth C. Bebb, M.D. , is hereby appointed a member of the Wichita Falls City-County Board of Health for a term of two years, commencing January 1, 1973. Moved by Alderman Campsey that Resolution No. 1368 be passed. Motion seconded by Alderman Boyd. Alderman Still inquired at what ratio the City and County support the Health Unit. The City Manager explained that most of it is supported by City and State. The County contributed toward construction of the new Health Center. They presently spend approximately $25,200.00 per year for travel expenses. The City Manager explained that the statute provides for appointment of the members. 672 Item 6d, cont'd. The motion for passage of the resolution was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Item 6f A proposed resolution was presented approving an amendment to Funland lease. RESOLUTION NO. 1369 RESOLUTION APPROVING AMENDMENT TO FUNLAND LEASE PROVIDING FOR FIVE YEAR OPTION AND SUBORDINATION OF LEASE. WHEREAS , heretofore the City of Wichita Falls entered into a contract with Wichita Falls Funland, Inc. , dated July 12, 1965 authorizing the operation of an amusement park in Weeks Park for a period of five years ; and, WHEREAS, the parties executed an amendment, dated April 30, 1971, to said lease, which amended Paragraph 3 of the original lease and also provided that such lease had been extended for period of five years from July 1, 1970; and, WHEREAS, Wichita Falls Funland, Inc. is applying for a Small Business Administration loan, and desires to obtain an option to extend the July 12, 1965 agreement for a period of five years after July 1, 1975 and a subordination of any landlord's lien which the City may have on the property of Wichita Falls Funland, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Such an amendment to said contract dated July 12, 1965 granting to Wichita Falls Funland, Inc. an option to renew such contract for a period of five years after July 1, 1975 upon not less than 30 days written notice to the City, and subordinating to such Small Business Administration loan any landlord's lien which the City may have on the property of Wichita Falls Funland, Inc. , is hereby approved, and the City Manager is hereby authorized to execute such amendment to said contract. Moved by Alderman Still that Resolution No. 1369 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None f Item 7a Permission was requested to advertise for bids for an estimated annual supply of automotive storage batteries. I Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Boyd, and carried unanimously. s Item 7b & c Permission was requested to advertise for bids for an estimated annual supply . / of oil and grease, and diesel fuel. Moved by Alderman Still that authority be granted to advertise for bids as requested. Motion seconded by Alderman Boyd, and carried unanimously. Item 7d i Authority was requested to purchase the necessary equipment and chemicals for fluoridation of the water supply. f 673 Item 7d, cont'd. i Moved by Alderman Boyd that authority be granted to advertise for bids for fluoridation equipment and fluoride itself. Motion seconded by Alderman Lambert, and carried unanimously. Item 8 f Moved by Alderman Still that minutes of the meetings of the following Boards be received. a. Special Planning Board--October 26, 1972 b, Planning Board--November 8, 1972 c. Board of Electrical Examiners--November 14, 1972 Motion seconded by Alderman Taylor, and carried unanimously. f Item 9 A request from Skyline Developers, Inc. for variances from require- ments of the Subdivision Regulations was presented. Alderman Still com- mented that he believed this request complied with the proposed townhouse ordinance now under consideration by the staff of the Planning Department. Moved by Alderman Still that the variances from the subdivision regu- lations be granted. Motion seconded by Alderman Boyd, and carried unanimously. „ Fred Beech appeared as the owner of a mobile home behind a Premier Station on the Iowa Park Road. He inquired why he was being asked to move it. j,. Mayor Wallander explained that they had only allowed it to be left there for 90 days. It does not meet the requirements of the ordinance. If it were tied on to the building, then it would probably meet the ordin- ance requirements. Alderman Still explained that another man had made the request for the variance from the ordinance due to some possible problems in the area. The Council has received the report, and they believe there are no unusual police problems in that area, and that the mobile home should comply with the ordinance. He was directed to talk with Mr. Deland, who would direct him to the Building Inspection Department. Item 6e The Mayor canvassed the returns of the Municipal election held on November 7, 1972, on fluoridation, assisted by the City Attorney, City Clerk, and some members of the Council. The vote was in favor of fluoridation. RESOLUTION NO. 1370 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS , ON NOVEMBER 7, 1972, FOR THE PURPOSE OF DETERMINING WHETHER RESOLUTION NUMBER 1338, PROVIDING FOR CONTROLLED FLUORIDATION OF THE CITY'S WATER, SHALL BE ADOPTED, AND DECLARING THE RESULTS THEREOF. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas, held in the Memorial Auditorium building on the 21st day of November, 1972, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 7th day of November, 1972 for the purpose of determining whether or not Resolution No. 1338, which provides for a program of controlled fluoridation of the city water supply by which the fluoride content shall be 1.0 part per million, shall be adopted. WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and there were cast at said election 25,209 votes on such referendum; and that votes were cast as follows : - 674 ' Item 6e, cont'd. For Resolution No. 1338 14,977 votes Against Resolution No. 1338 10,089 votes And, it appearing that the greatest number of votes at said referendum election were for Resolution No. 1338. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Said Resolution No. 1338 was duly and legally approved and adopted, and that said election was in all respects legally held in accordance with the laws of the State of Texas and the charter and ordinances of the City of Wichita Falls. Moved by Alderman Lambert that Resolution No. 1370 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough. Nays : None Moved by Alderman Lambert that the meeting be adjourned. Motion seconded by Alderwoman McCullough, and carried unanimously. The Board of Aldermen adjourned at 12 :17 P.M. �? PASSED AND APPROVED this day of �X�O e v_� c� J 1972. i Mayor ATTEST: City Clerk • :,. ..- •.SY a/C y.1,l I II WIC r J24.44J-a _ 4JxC3i;"!a w County -----------5---•--- F'I 6' e �'� 1-DIE Page__._- ----of..— ---- ''1688 District No.—___- — - 1 1 U r �L 0 1 St�. _. _ : The Texas Nighway Department twill provide for ir'st.:llatioz of '2".:a is Signala, Signing, Delineation an:. Ch annerlizat.ion on Zell noulev'; 4 at the Intersections of L awrenca Uoad and Grant Stroot: and on Fairway Boule- vard at T:idwcistern Parkway, at: an cuti=ted coat of �ZJ,000. Upon acceptance of the provisions of this ydcb by t;Ys ap, ropri t tr-,ici�', of the City of Wichita Zalls, IT IS C2 2ED tip'at pairway BaiAQV. I:d £rcal a,4 an to ,asrt et Road 369 to Nall Boulev�:xd, a distance ar :ap�_v.zr.;st s"/ 1.1 u:ilc a, be and is hereby designated as a alact f.w:c .7 Ti �iati,`r'�ly .Engineer is directed to anLer into ngrrec-a cat with tide City datailc of the pro?oz od to procce TT-Itli the went of the project and after the Cit has fulfilled its proceed with con st-,uctiOn autho-&iced harain in thz SliJzt and cc.z- nomical manner, financing the coast in the lreeeral TO wC.3 Prog am. This Order mull becouc operative upon acceptance by ti.e City of Wic hiL"Pall; and if not acceptad within 90 d.«js of t::3 data :iG'tl y t:'e aCtior. hereia coa- taine.-.. shall be automaticax y cancelled. y Submitted by: Examined and recommended by: (Title) Program Engineer Assistant State Highway Engineer ----- Approved . _-- — State Highway Engineer r— Approved: ---- ------.-.___-- Commissioner Minute Number ____�_— . Commissioner Date Passed Y 7 ----.-_- --.—_.___.._ —_._Commissioner .Note: This form is to be submitted in quintuplicate. ♦s.♦.W w wry YYyrt►p.tlgi I�OttA gJ .. >, MCHTTA County District No.__._____.3__. .__ MINUTE ORDER P��a� Ot -�-—Pa�ea :M 'n ""3, in F'TLC".Zi 0.737 .� , on ti'a ne,,; loc 'tion of 13. S, Yip a �+'.b (132 AVID. 277 (Zell Do:alevard) and Vai=ny Bo^alevarc2, tha City of Wichita Fa"Us has roqu`oted assistance in Channalizing and SiSnaliain2 the Fntersactions at Lawrence Road, Cra.,t Strect and l idwestern Qarw-�z.;y; and 673::'M&S, it has been daterminEd that such work is aligible for participa- tion in the Federal xCr-IZCS Program; Cnd LMMMS, it is the desire of tka cr=s rYighuay TpmrtmQnt to ai;siat the City of Wichita Falls in sacra Work: N=, !=Z2G S, the State HiSL=-zy 22nginear iQ di:eactcd to fo1- 10-Jin; p oposal to the City of Wichita Falls for the e3evolo ma—at of such a project: Provided the City will: 1. Provide for ti:Q ad uatu. ; t of utilitiez as jacy ba squired. 2. Maintain all of the work ccastrusted as a part of the P oject and agree to reVL IQtO traffic and pravont e-acroachmant on the right of rrsy. T 11 E<ST 'E. Or' F Z_`A- S Texas Water Development Board COUNTY OF TRAVIS Contract No. SW-64-73 The Texas Water Development Board, hereinafter referred to as the Eio,ardl' and Citv of Wichita Falls ­Ully or"aniz.l2c! suL)divis`on oll tiie Statc, of Texas, i�.orelnafter refol­r('Id to as Cooperator, as participants in a Cooperative Water Resources investigation Proc-ram sponsored by the Geological Survey of the United States Department of the Interior, hereinafter referred to as the Survey, hereby make the following contract and agreement: 1. The Board, or the Survey at the instance of L,:e Board, shall perform t1l,e investigations listed in Attachment No. 1, whicili is 1-nade a part hereof, pu-,suant to the maSter a,,:,-et n lent *co,,,erila,-,, same Oet%i.een the Board and the Survey entitled "1973 COOPER.ATI-VE A�LASTER AGREEMENT FOR INVESTIGATION OF WATER RESGUIRC-'ES I.-,\- TEXAS" and the -Mernorandum, a copy of which the Cooperator acknowledges having received, dated juIX 24, 1972 from I. D. Yost, District Chief, Watel- Resources Division of the Survey, to the Board. 2. The estimated cost of the listed invest gations is $9,450.00 of which the Cooperator shall remit to the Board the sum of $3,875.00 on demand after the 1st day of September, 1972. 3. In the event the funds are not- available for the Board's share of the costs, this a-reernont shall be null and void, and any funds contributed by the Cooperator shall be refunded in full. 4. In the event of major damage to any of the stations listed in Attachment No. -1 by floods or other causes, or in case ;it becomes desirable to move a StL.,ion or stations to a nee', location, the cost of repairing such damage or moving such station v;ill be mutually agreed upon by the 1i parties hereto, and me Cooperator if su'fLcIL:en- funds ar available t shall conribute on tlie same basis as for other L Sufficient work provided herein. 5. The Board may cancel and terminate tirlis agreement by written notice n if the Cooperator fails to remit its share of the costs. T-f this agreement is terminated prior to the time of full performance, the Cooperator sh.all be obligated to pay to the Board for worK aiready performed hereunder, or, as appropriate, the Board shall re-und the unexpended portion of the Cooperator's contribution 0.- the portion thiereot which the 'Board is not obligated to expend on tivork performed up to the date of termination. 6. This agreement may be amended as to work. to be performed and consideration to be paid by advance written agreement of the parties. S This agreement supersedes every previous cooperative contract between t,fte Board and the Cooperator. In Witness %V ereof, the parties have caused this contract and agreement to be dully executed in quadruplicate, this the 31F' day of August, 1972. CITY OF WICHMA FALLS TEAS WATER I)EVELOP.\/IENT BOARD COOPER-ATOR, By Gordon Carlson Director, Z' clrninistrative Services -A TTEST: TWDSL-5 (Rev. 7-14-72) UNiTSD STATES. DEPAF2TiviE1VT O� `FiE IN'TERiOR- '-.;, GEOLOGICAL SURVEY WATER RESOURCES O!VISION FEDERAL SU'LDIN,3 300 EAST e7H STREET AUSTIN. TEXAS 73701 July 24, 1972 ATTACH`sZ,7 NO. 1 Descriptior of «ork and fundin- for wale:--resources investigations (surface .aster) under cooperative a;;r-e: e nt between Texas Water Derelopxent Board, CITY CF trlC:_il' FALLS. and the U.S.- Geological Survey for the State fiscal year ending 1,ugust 31, 1G73. Program DeEcr4ntior. I. Surface-Water Investigations: A. Continued cperation_ and mainten rce of the following streacaflow and reservoir-content stations: 07311800 Swath Fork Wichita Ri•.er rear Benjamin, Tex. C73Z�50t) Little Wichita River near Arcber City Tex. C7314Q00 lake Arrowhead near Henrietta, Tex. C-7315000 Little Wichita River near Henrietta, Tex. Total 1973 program costs-------------------$9,450 City of Wichita Falls share----$3,875 TWDB share--------- S,0 USGS share--------------------- 4,725 1/ Includes $3S0 for ca.:,put3ticn ofcurrent recorLs at. stations 07314;00, 073i4800, and 07315000. 1 .y November 21, 1972 INDUSTRIAL ANNEXATION POLICY CITY OF WICHITA FALLS, TEXAS This Industrial Annexation Policy is formally adopted by the Board of Aldermen in the interest of providing prospective industries, the Board of Commerce and Industry and the City Administrative Staff with definitive guidelines to be used in the Annexation Policies of the City. This Policy shall be applicable to both defined industrial parks and to areas outside industrial parks which are susceptible or planned for industrial land uses. Industries locating outside of the city limits of Wichita Falls utilizing the City's water and/or sewer utility facilities shall be annexed to the city limits of Wichita Falls within the calendar year of their beginning in- dustrial operations within their plant. Industrial plants not utilizing water and/or sewer utility services of the City but located within the logical growth pattern areas of the City or on the fringes of the city limits shall be annexed to the city limits of Wichita Falls at such time as the logical step by step annexation program would encompass this area. Because the City does not have land use controls, any vacant land outside the City can be considered as potential industrial land. Therefore, vacant land annexed to the City should be accomplished in a logical step by step manner con- sidering its location and potential for any development. The only exception could be defined Industrial Parks with such annexation taking place upon development as stated above. 5 Y t Final Draft LAND USE CONTROLS STATEMENT The building of our city is a noble task, for it is this city which shelters us, which creates the environment wherein we exist, and which represents the very state of our modern civilization. It is the place where we put down our roots, make our living, raise our families. During a mere lifetime, the character of Wichita Falls has undergone many changes. In the last 90 years, the city has passed through five identifiable stages of development: from early ranch settlement to agricultural center; from an oil (export-oriented) to a military (service-oriented) based economy; and now into a period of urban and industrial expansion. It is easy to see that our city is changing. Last month's vacant lot is next raonth's apartment complex. Last year's county road is next year's super expressway. Last decade's thriving business street could become next decade's abandoned slum strip. But change does not mean catastrophe. It could -- uncontrolled, spiraling and directionless -- without appropriate action. It need not. Mr. Charles White of the Texas Environmental Coalition states "in one way or another the problems we have today stem from land use, or misuse". This seems true for Wichita Falls. The lack of adequate land use controls has brought about structural and environmental deterioration in Wichita Falls. The failure of the city to employ proper land use controls is, next to aging, the major cause of urban blight. Incompatible land use types have been and are still being allowed to mix indiscriminately, especially in the older sections of the city . Sucai land use conflicts not only have a blighting effect on residential areas, but: the proximity of residences to certain nonresidential land use types has hampered orderly growth and expansion of commerce and industry. The absence of land use controls has perpetuated overcrowding of structures and dwelling units on the land. Many homes crowded together on small lots in the past, and since converted to apartments create a dismal atmosphere where there is not enough room for off-street parking, let alone adequate open space play areas. Also, such closely-spaced, overcrowded housing has invariably allowed structural deterioration to spread from one structure to another since owners often tack incentive to make necessary repairs if the homes nearby are run down. The lack of adequate land use controls has allowed structures to be built in flood plains. The lack of adequate land use controls has made the city ineligible for many programs now benefiting other Texas cities. (Example: National Flood Insurance Program, Community Development Programs) The lack of adequate land use controls has precipitated a loss of local self-determination. (Example: State Highway Beautification Act) Page 2 Without appropriate land use codes and ordinances, the five factors mentior-'ed above will continue. Such continuance could well be detrimental to not only residents of the city, but to the total image of our community. Also, in the interest of the long-range continued operation of Sheppard Air Force Base, it is evident that the intensity of development within the "approach-departure" and "noise, exposure limit" zones needs to be adequately controlled. In conclusion, as time changes, so do cities. The uses we now make of our land determine the future economic, social and environmental well-being of our community. We can no longer afford to have no controls over the use of land. By the same token we cannot afford to have obsolete, inflexible, and discriminatory controls which encourage disunity. A review of model codes and ordinances reveals that new land management techniques are available and can be molded into a "'land resource management" ordinance which can, on one hand be a conservation tool to preserve existing critical areas from illigocal land use intrusions, and on the other hand a creative tool which stimulates new approaches to city building. Thus, it is the joint recommendation of the Planning Board Subcommittee on Land Use, and the Mayor's Citizens Advisory Board on Land Use that: I. Complementing the development of a new "City General Plan", should h,. the development of a land use ordinance which can protect critical areas as well as stimulate city building. The ordinance(s) should reflect development standards rather than inflexible discriminatory districting. Such develop„,ent standards should include but not be limited to the following examples: setbacks, density limitations, parking ratios, sign standards, height limitations. In addition, "critical areas" are those in which occupancy would entail unusual risk to human health, safety, and life. Examples include, but are not limited, to airport approach zones and flood plains. 2. The Board of Aldermen should instruct the Planning Division to begin the necessary detailed research and preparation of such ordinance(s) . 3. These two committees be consolidated and charged with the responsibility: a. To assist in the preparation and drafting of such ordinance(s) , and b. To present a final draft to the Planning Board. In final, such an ordinance aimed at protecting both the health, safety, and welfare of individuals as well as the common interest of the public will offer to future generations the capability to have a more functional, more sightly, more healthy city in which to live. Office of the MAYOR. O J dL kiet>ex5: a dedicated individual and a civic-minded ci tizen of the City of Wichita Falls, Lt. Colonel (Retired) Floyd Taylor, is leaving Wichita Falls to take up residence in Son Antonio, Texas. In 1959, Colonel Taylor recog- nized a need to improve the human relations between Sheppard Air Force Base and the City of Wichita Falls, Texas. He introduced, originated and sold to the community of Wichita Fat*s a program of businesses and civic groups adopting military units. WHEREAS an activity known as the Squadron Adoption Program was created to promote social, cultural, and recreational activities between the military cnd civilian communities. WHEREAS : Colonel Floyd Taylor unselfishly contributed much of his valuable time, effort and resources toward the succe,-> of Squadron Adoption Program as a people to people community relations activity. 'rNHEREAS: this program has received national recognition for many years because of the homogenius relationships and mut�uai respect between the military of Sheppard Air Force, Bc.sc_ and the civilian community of our city. THEREFORE, I, J . Winston Wallancier, Mayor of the City ui Wichitn Falls, Texas, do hereby pr-_�claim the dray of March 21, 1913, as FLOYD TA`r'I_"'�R [--)A" in the City of Wichita Falls, Texas an(� tali upon, Dur citizens to join with our community it expressirna :').n si;''- cere appreciation to Colonel Taylor vvlr, has wc,4 ,d so devoted and dedicated through lcop`'or,: Plc'--rC -:� for the ulPirr,ate in community hca. �v In witness whereof, I 'r ave iie c caused to ue affixed the sea( this Sixth i`uy of Mar:. , nIiriPtfpr, .` ' ,..i�j three . CONTRACT FOR PERSONAL SERVICES COMPREHENSIVE PLANNING ASSISTANCE PROJECT THIS AGREEMENT, entered into as of this 20th day of February, 1973, by and between Pinnell-Anderson-Wilshire and Assoc- iates, Inc. , herein called the "Contractor" and the City of Wichita Falls herein called the "Planning Agency" , WITNESSETH THAT: WHEREAS the Planning Agency desires to engage the Contractor to render certain technical or professional services hereafter des- cribed in connection with an undertaking which is expected to be partially financed under Section 701 of the Housing Act of 1954 , as amended: NOW THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency the services herein- after set forth in connection with the project of the Planning Agency under Comprehensive Planning Grant Contract No. CPA-TX-06-16-1041. 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, herein called the "planning area" : TRANSPORTATION STUDY AREA OF THE WICHITA FALLS URBAN TRANSPORTATION PLAN 3 . Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Planning Agency, the following services : (a) Review of Analysis Techniques - Review of methodology used in projection - Review of conceptual framework of General Plan (b) Review of ,Preliminary Draft (Approximately 200 pages, prologue, 8 chapters, appendix. ) (c) Assistance in Refining Analysis, Providing Additional Perspectives , and Making Appropriate Text Revision (d) Prepare All Figures and Illustrations - Approximately 15 - 20 color plates - One comprehensive land use map - 7 photos to be reproduced - Design color-coded text - Design illustration theme (e) Prepare Preliminary Draft for Review by Mayor, Board of Aldermen Planning Board and Staff - 25 copies (f) Prepare Final Draft (g) Publish Final Document - 300 copies of Final Report (prologue, 8 chapters, appendix) 4 . Personnel. (a) The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. (b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. (c) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the Planning Agency. 5. Time of Performance . The services of the Contractor are to commence as soon as practicable after the execution of this Con- tract and shall be undertaker and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the services required hereunder shall be completed by April 30, 1973 . 6 . Compensation. The Planning Agency agrees to pay the Contractor on a reimbursable rate fee basis , using the rates and procedure as indicated in the attached schedule (Attachment No. 1) , subject to a maximum amount of $10 ,000. 00. In no event shall the total fee paid exceed this maximum amount without the prior written approval of the Planning Agency. 7. Method of Payment. The Contractor shall submit monthly progress reports accompanied by a summary of hours worked by labor classification. Payment will be made , however, upon completion of the work and submission of the prescribed number of copies of the printed report. ' 8. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants , agreements, or stipulations of this Contract, the Planning Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 5 days before the effective date of such termina- tion. In that event, all finished or unfinished documents, data, studies, surveys , drawings, maps, models , photographs , and reports or other material prepared by the Contractor under this Contract shall, at the option of the Planning Agency, become its property, and the Contractor shall be entitled to received just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the Contract by the Contractor , and the Planning Agency may withhold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning Agency. The Planning Agency may terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 above shall, at the option of the Planning Agency, become its property. If the Contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amount which bears the same ration to the total compensation as the services actually performed bear to the the total services of the Contractor covered by this Contract , less payments of compensation previously made : Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply• 10 . Changes. The Planning Agency may, from time to time, require changes in the scope of: the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract. 11. Equal Employment Opportunity. (a) The Contractor will not discriminate against any employee or applicant for employment because of race , color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following : employment, upgrading, demotions, or transfers , recruitment or recruitment advertising; layoffs or terminations ; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials . (b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Secretary may require. (c) The Contractor agrees to comply with such rules, regulations or guidelines as the Secretary may issue to implement these requirements. 12 . Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency and no members of its governing body, and no other public official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest of the interest of any corporation, partnership, or association in which he is , directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof . 13 . Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 14 . Interest of Contractor. The Contractor convenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed of this Contract no person having any such interest shall be employed. 15. Findings Confidential. Any reports, information, data, etc. , given to or prepared or assembled by the Contractor under this Contract which the Planning Agency requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Planning Agency. 16 . Officials Not To Benefit. No members of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 17. Identification of Documents. All reports , maps, and other documents completed as a part of this Contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block) containing the name of the Planning Agency : The preparation of this report, map, document, etc. , was financed in part through a Comprehensive planning grant from the Department of Housing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954, as amended, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. 18• Publication, Reproduction and Use of Material. No material produced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The Planning Agency and HUD shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. 19 . Audits and Inspections. At any time during normal business hours and as often as the Planning Agency , HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the Planning Agency, HUD and/or representatives of the Comptroller 'General for examination all of its records with respect to all matters covered by this Contract and will permit the Planning Agency, HUD and/or representatives of the Comptroller General to audit, examine and make excerpts of transcripts from such records, and to make audits of all contract, invoices, materials, payrolls , records of personnel, conditions of employment and other data relating to all matters covered by this Contract. IN WITNESS WHEREOF the Planning Agency and the Contractor have executed this agreement as of the date first above written. CITY OF WICHITA FALLS ATTEST: By CITY CLERK CITY MANAGER Contractor By Title Title or Capacity M Attachment No. 1 PINNELL-ANDERSON-WILSHIRE l AND ASSOCIATES , INC. P.O. Box 31334 Dallas , Texas 75231 i STANDARD RATES REIMBURSABLE FEE BASIS February, 1972 i A. Salaries : Classification Rate per Hour i *Principal $12 .00 *Associate Engineer 9 . 50 *Senior Tra-L"fic Engineer 8 . 75 i **Senior Planner 8. 75 Senior Systems Analyst 8. 50 Traffic Engr. Aide 4 . 50 Draftsman 3 . 50 i Secretary 3. 25 *Registered Professional Engineers - Texas . Principals licensed to paractice in Texas , Oklahoma, Missouri , and Nebraska. **Certified Planner-In-Charge - Texas , Oklahoma. Salary cost times a multiplier of 2 .0 is used to compute the fee charged for employee ' s salaries , overhead, and profit. To this is added any direct non-salary expenses as described below. i jB. Direct Non-Salary Expenses : { Direct non-salary expenses for any assignment are those expenses incurred by PAWA for supplies , transportation, equipment, travel , communications , subsistence and lodging i away from home, and similar incidentals in connection with that assignment. These expenses are billed at actual invoice cost plus a ten (10) percent service charge for handling. i i i r i T 9023(8) ` s TM 5158(1 ) MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT made this day of 1973, by and between the State of Texas , hereinafter referred to as 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 day of 1973, hereinafter called the "City", Party of the Second Part. WITNESSETH WHEREAS, the State and the City wish to cooperate as evidence in Minute Order 66222 dated May 1 , 1972, and Minute Order 66778 dated November 3, 1972, in the modernization and installation of traffic signals and channelization at the intersections of Taft Boulevard and Midwestern Parkway, Kell Boulevard and Grant Street, Kell Boulevard and Lawrence Road, Fairway Boulevard and Midwestern Parkway (Call Field Road) in the City of Wichita Falls. The proposed work to be accomplished under the Federal-Aid Traffic Operation Program to Increase Capacity and Safety, hereinafter referred to as TOPICS; and, WHEREAS, it has been determined that such work is eligible for Federal- Aid participation under TOPICS. The project shall be construction in accordance with "EXHIBIT A" , Plans and Specifications, attached hereto and made a part thereof. 1-8 i J AGREEMENT 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: 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 incorporated limits of such city, unless otherwise modified by law or agreement, and that the City has requested and consented to the construction of the project and the State in -construction of such project does so at the special instance and request of the City. The City, in consider- ation of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to install signalization and channelization at the locations, and in the agreed on 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 State will (1 ) provide for the modernization and/or installation of the requested Traffic Signals and (2) provide for the intersection channelization. The City will provide for the adjusting of all utilities as may be required. The construction plans and specification will be prepared by the City and approved- by the State. The State will be responsible for the construction of the channelization and provide for the installation of conduit, pull boxes, 2-8 r r traffic signal controller foundations and signal pole foundations, all in accordance with the plans and specifications. All the remaining construction activities connected with the modernization and/or installation of the traffic signals will be done by the City. The State will pay to the City the cost of said construction on a "Force Account" basis, the,.specifics to be stated under Special Conditions. SPECIAL CONDITIONS. The State will reimburse the City for the cost of construction of specific traffic signals at the intersections as shown, listed in, and as to location and manner of construction, as shown therein, and described in the plans and specifications , "Exhibit A", under a "Force Account" basis. Under said "Force Account", payment to the City will be made as follows: 1 . The State will reimburse the City for properly supported costs incurred in the adjustment of their facilities under the terms and conditions of this agreement. Costs incurred prior to the issuance of a written "Work Order" by the State will not be reimbursed. Reimbursement will be made by the State to the City for materials and equipment provided the City has paid from City funds their obligations covering items of costs billed. The City will install all signal equipment and materials for the complete signal control system as required by the plans at no cost to the project. The State will pay to the City as follows : a. Periodic Partial Payments: If the City so elects, the State will make payments monthly as partial payments 3-8 which must include properly prepared and executed Form 132 and a billing summarizing costs by each classification of costs showing description, quantity, unit price, extensions and total . 4 b. Final Billing: Upon completion of the project and final acceptance of the project by the State, if the City so elects , the State will make one payment when all work is completed and the City has submitted a final and complete billing of all costs. This billing must include properly prepared and executed Form 132 and a final bill summarized by each classification of costs showing description, quantity, unit price and extensions and total . - Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. Prior to final payment an audit of the records supporting the costs claimed will be made. These records must be made available to authorized repre- sentatives of the State and other agencies involved in the funding of this project during the normal workday. All records relating to this project must be maintained by the City for 3 years after receipt of final payment from the State as required by Policy and Procedure Memorandum 30-9. 2. The City will purchase all major items of equipment and material , such as traffic signal controllers, traffic signal poles , traffic signal heads, vehicle detectors , conduits, multiple conductor cable and single conductor wire, and any other items of equipment necessary 4-8 for the proper installation of the signal systems , 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 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. 3. 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 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 provision of the Federal Aid Highway Act of 1968 and regualtions applicable to this Act. 5-8 4. 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 th6 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 methods to meet the provisions of plans and specifications, and the City will take such measures as necessary to obtain acceptable systems , components and installation procedures without delay. 5. All equipment and materials salvaged from existing signal and control installations at the locations shown in "Exhibit A" shall b2 removed by the City from their present locations and shall become the property of the City. 6. The City will operate and maintain the complete project, and will be responsible for all costs incident thereto. 7. 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 the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State. 6-8 i 8. The City will comply with the Special Provision "Specific Equal Employment Opportunity Responsibilities" (000---003) included in the specifications for the project. TOPICS CONDITIONS 1 . The City will pass and enforce any ordina ftes and regulations necessary to prohibit angle parking and to provide for traffic operations in accordance with proper and effective utilization of the traffic signal and control system. 2. The City will maintain its existing traffic engineering department which is capable of operating, and maintaining the improvements covered by this agreement in a manner- satisfactory to the State. 3. Should an evaluation of the effectiveness of the project in increasing capacity and safety of streets in the project area, be required under the program for financing the proposed improvements in the Federal Highway Act of 1968 and applicable regulations pertaining to this Act. The City and State shall cooperate in collecting and analyzing the necessary data., Each party shall be responsible for its share of the cost of this evaluation. In the event the terms of this Agreement are in conflict with the provisions 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. 7-8 i 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 P By City Clerk City lijager 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. 67022 APPROVED AS TO FORM: . By _ . Assistant State Highway Engineer RECOMMENDED FOR APPROVAL: City Attorney District Engineer Chief Engineer of Highway Design Chief Engineer of Maintenance Operations Director, Finance 8-8 AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT made this day of A.D. , 1973 , by and between the State of Texas , acting by and through its Highway Engineer, Party of the First Part, hereinafter referred to as the State, and the City of Wichita Falls, a municipal corporation, hereinafter referred to as the City, and Wichita County Parties of the Second Part: WITNESSETH WHEREAS, the State and City on February 2 , 1967, did agree to participate in a continuing, comprehensive, cooperative transportation planning process for the Wichita Falls Urban Transportation Study Area as provided in the Federal Highway Act of 1962; and, WHEREAS, the State and City on January 20, 1972 , did agree to extend indefinitely the terms of the aforesaid agreement of February 2 , 1967; and, WHEREAS, the Wichita Falls Urban Transportation Study Area is defined as encompassing all of Wichita County with an intensive Study Area as delineated on the map marked Exhibit A attached hereto and made a part hereof; and, WHEREAS, Wichita County has consented to formally join the State and City in such continuing, comprehensive, cooperative planning process and it is the desire of the parties hereto that the Study organization be revised to provide a top committee for guiding the Study to be composed of all elected officials; NOW, THEREFORE, it is hereby agreed that the aforementioned agree- ments of February 2 , 1967 , and January 20, 1972 , shall be considered null and void and the organization and responsibilities set out in the former documents shall be replaced in their entirety by the following paragraphs: I . Organization A. A Policy Advisory Committee will furnish policy guidance and direction for the continuing trans- portation study. This Committee will consist of an elected official who will represent the City of Wichita Falls and an elected official who will represent the County of Wichita . In addition, the City of Pleasant Valley will be invited to name an elected official to serve as a member of the Committee . All State Senators and State Representatives whose areas include the Wichita Falls Study Area and the U. S . Congressman serving the Study Area shall be invited to serve as Committee members . The functions of this Committee shall be as follows: 1. Provide general policy guidance for the transportation planning process . 2 . Review annually the transportation plan (revised as necessary) and recommend its adoption and implementation by local govern- ments and agencies . 3 . Take appropriate action on the recommendations of the Steering Committee including those relative to certification and recertification action for the study. 4 . Meet at intervals as necessary to perform its functions . 5 . Hold a public meeting to discuss the status of planning at least once a year . -2- B. A Steering Committee composed principally of elected city and county officials or their designated repre- sentatives shall be formed. The voting members of this Committee shall be representatives of the City, Wichita County, elected State officials as appropriate, and representatives of the Texas Highway Department including those for the District Engineer and the Chief Engineer of Highway Design . The voting member- ship shall be as indicated in the following table: VOTING MEMBERSHIP City of Wichita Falls 4 County of Wichita 1 Texas Highway Department 2 Elected State Officials 3 (Those desiring to serve) The NORTEX Regional Planning Commission and the Federal Highway Administration shall each be repre- sented by a non-voting member. The functions of this Committee shall be as follows: 1. Provide routine guidance to the planning process . 2 . Examine the adequacy of the continuing planning process at appropriate intervals and at least annually have each agency assigned responsi- bility for updating various study elements make a progress report from which an annual written progress report will be prepared. 3 . Recommend to the Policy Advisory Committee any revisions to the Plan found necessary. 4 . Determine if the current transportation data are i -_ accord with previous projections and recommendations or if there are discrepancies of a nature that would require significant changes in the Plan. A complete review and, if necessary, revision of all elements of the Plan shall be made at approximately five year intervals . 5. Review this agreement annually and determine if it should be supplemented or renegotiated and recommend action to the Policy Advisory Committee. 6. Review the operation plan annually and recommend revisions if necessary. 7 . Review the limits of the Study Area and, if necessary, make minor revisions (not to include deletion or addition of any political subdivision) . 8. Designate such technical committees or task forces as found necessary to carry out the planning process . II. The study elements involved in the first phase of the Wichita Falls Urban Transportation Study and presented in the report entitled the Wichita Falls Urban Transportation Plan, Volume II, shall continue to provide the basic data for the continuing planning process and shall be maintained current or updated as necessary. Forecasts shall be reevaluated as necessary and at approximate five year intervals with new forecasts made for the succeeding five and twenty year periods . III. The primary responsibility for maintaining current or updating the basic study elements shall be vested in the agency whose routine operations normally involve maintenance of records relative to the study elements and as indicated in the following list: -4- A. Population City B. Land Use City C. Existing Street Use City D. Accidents City E. Bus Transit City F. Parking City G. Airport, Railroad, Bus and Truck City H. Traffic Engineering Features City I. Community Controls City J. Community Value Factors City K. Capacity State L. Travel Time State M. Traffic Volumes State N. Travel Patterns State O. Economic Factors State P. Financial Resources State-City-County IV. A Planning Coordinator will be assigned by the State to work in close cooperation with the City and County. His principal duties will be as follows : A. Arrange for meetings of the Policy Advisory Committee when appropriate or at least once a year . B. Arrange for meetings of the Steering Committee as necessary. C. Maintain liaison and act in an advisory capacity to both committees . D. Coordinate the continuing planning process with the City and Wichita County and maintain liaison between the City, the County and the State. E. Make available to participating agencies all projected traffic and other data relative to the Study Area . -5- F. Recommend to the Policy Advisory Committee and/or the Steering Committee special studies , revision of the Transportation Plan, or renegotiation of this agreement when considered appropriate . G. Maintain file of annual summaries of all study elements involved in the continuing planning process and prepare an annual progress report to reflect general development and plan implementa- tion within the area . H. Arrange for additional or modified traffic assign- ments and assist in the procurement of additional data for zonal traffic forecasts . I. Maintain current record of expenditures by the State and the Federal Highway Administration for transportation facilities within the Study Area . It is further agreed that: A. An Operations Plan shall be prepared by the parties hereto that will outline the conduct of the continuing Study, the assignment of responsibilities and the methods to be used in the surveillance and reappraisal of the various elements . B. The expense involved in the continuing planning process , data gathering, review, and updating the various study elements will be assumed by the participating agency assigned responsibility as listed in this agreement . C. This agreement may be supplemented or renegotiated as necessary to meet changing conditions and as recommended by the Policy Advisory Committee . D. By mutual agreement, the parties hereto may terminate this agreement. -6- IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the dates indicated. Party of the First Part Parties of the Second Part STATE OF TEXAS CITY OF WICHITA FALLS Certified as being executed for f-he purpose and effect of acti- By: vating and/or carrying out the City Manager orders, established policies, or work programs heretofore approved and authorized by the State Date:_ Highway Commission: ATTEST: By: State Highway Engineer under _ Authority of Commission City Clerk Minute 60394, 4 APPROVED AS TO FORM: Date: RECOMMENDED FOR EXECUTION: City Attorney District Engineer - District 3 COUNTY OF WICHITA By: Chief Engineer of Highway Design County Judge Date: County Commissioner County Commissioner County Commissioner County Commissioner ATTEST: ' County Clerk APPROVED AS TO FORM: County Attorney -7-