Min 09/12/1960 Agenda No. 204
Wichita Falls, Texas
Memorial Auditorium Bldg.
Sept acber 12, 1960
1 & 3 The Board of Aldermen of the Cityof Wichita Falls Texas met in regular session
, , gu�2r _
on the above date, in the Council Room of the Memorial Auditcrium Bldg., at 2-30 o'clock P.M.,
with the following members present:
Kenneth Johnson Mayor
J. R. Ray
E. J. Wininger �(
Roger E. T�hoes Aldermen
Dr. Al T. Witcher
Joe Bailey Meissner Jr.
sirs H. P. Ledford Q
C. J. Griggs City Manager
Frank Gibson ' City Attorney
A. L. Fitts City Clerk
The meeting was called to order by Kenneth Johnson, Mayor.
2 The Invocation was given by Rev. Ben L. Baits, Chaplain of the Fire Department.
4 Moved by Alderman Wininger that the Minutes of the regular meeting held July 25th
1960, be approved; likewise the Minutes of the called meetings held August 17th and August
31st, 1960, respectively, be approved.
Motion seconded by Alderman Ledford and carried.
5 The Minutes of the meeting of the Traffic Commission, held August 18, 1960,
were presented.
(''-a) Moved by Alderman Witcher, with regard to Item g, Paragraph 2, of Old Business,
that the Board of Aldermen not accept the recommendation of the Traffic Commission; and the
Traffic Engineering Department proceed with the installation of Traffi,� lights- a.1 the
intersection of Call Field Road, Archer and hake Road intersection, and if necessary, the
City Manager be authorized to secure the services of a Consulting Engineer.
Motion seconded by Alderman Meissner and carried. c �
(5-b) Moved by Alderman Witcher that Paragraph 1, under New Business, be amended to
include Hampstead Laae, ro::,j Kemp Bled+'. co Holliday Creek, in the list of streets
on which gross vehicle weight of 17,000 be posted.
Motion seconded by Alderman Thoes and carried.
(5-c) Moved by Alderman Witcher that the recommendation of the Traffic Commission, as
outlined in Paragraph 1, under Old Business, with regard to speed of ambulances, be approved,
and Ordinance No. 1641 be amended to limit such speed to 1OMPH over posted speed, and slowed
to 10 MPH through controlled intersection.
Motion seconded by Aldemman Wininger and carried.
(5-d) Moved by Alderman Meissner that the Minutes of the Traffic Commission meeting
held August 18, 1960, be approved, with amendments as listed above, copy of same attached
hereto.
Motion seconded by Alderman Witcher and carried.
ORDINANCE NO. 1920
AN ORDINANCE AMENDING ORDINANCE NO. 1641, THE TRAFFIC CODE, BY AMENDING SCHEDULE
xxVII2, SECTION 178, TO ADD HAMILTON BOULEVARD FROM TAFT TO HAMPSTEAD LANE, PIEDMONT STREET
FROM KEMP TO GINGHAM, HARRISON STREET FROM KELL TO HAMPSTEAD LANE, TAFT STREET FROM KELL
BOULEVARD TO HAMPSTEAD LANE, AND SPEEDWAY FROM FAIN TO HOLLIDAY ROAD; AND DECLARING AN
:E«RGEN CY.
205 -Agenda No.
Moved by Alderman Witcher that Ordinance No. 1920 be approved and passed as
read.
Motion seconded by Alderman Wininger and carried by the following vote:
Yeas: Aldermen Ray, Wininger, Thoes, Witcher, Meissner and Ledford.
Nays: None.
Moved by Alderman Meissner that the Minutes of the meeting of the Planning Board 7
held September 6, be approved, copy attached hereto.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman Meissner that the Dedication Plat of Meadowlake Addition, $
Section "B", an addition to the City of Wichita Falls, be approved, copy of which is attached
hereto and made a part of the records hereof.
Motion seconded by Alderman Witcher and carried.
I-loved by Alderman Meissner that the Dedication Plat of Mistletoe Drive Extension 9
including a Replat of Lot 6, Block 51 University Park, Section A-5, an addition to the City
of Wichita Falls, Texas, be approved, copy of same attached hereto.
Motion seconded by Alderman Ray and carried.
Moved by Alderman Witcher that the Plat of the Extended Section of Eighth Supple- 10
mental. Dedication. Plat to Country Club Estates First Section, an Addition to the City of
Wichita Falls, be approved, copy of same attached hereto.
Motion seconded by Alderman Meissner and carried.
Nerved by Alderman. Ledford that the Dedication Plat of Section 111" Newcomb Downs 11
Addition, an addition to the City of Wichita Falls, be approved, copy of same attached hereto,
Motion seconded by Alderman Thoes and carried.
Moved by Alderman Ray that the Plat of Colonial Park Section A-1, Wichita Falls„ 12
Wichita Gounty, 'Texa9, be approved, cope* of same attached hereto.
Motion seconded by Alderman Witcher and carried.
The request of Tennessee Gas and Oil Company for permission to construct housing 13
for their garbage cans on Burnett Street was presented.
Moved by Alderman Wininger that the request of Tennessee Gas & Oil Co. for
installation of garbage can containers be denied. The motion was then withdrawn.
Moved by Alderman Thoes that the request of Tennessee Gas & Oil Company for
garbage dousing for locations as shown in drawings be allowed, provided that installation
be at grade level, or below.
Motion seconded by Alderman Meissner and carried.
Moved by Alderman Meissner that the Board of Aldermen authorize water and sewer 14 thru ZZ
reimbursement contracts, for the amounts as listed, and that the City Manager be authorized
to execute same for and on behalf of the City of Wichita Falls:
Agenda No. 206
14-thru 22 Con't Water Reimbursement Contract with Wichita Building Corporation, covering mains in Section
D, Sikes Addition, in amount of $6,716.24, based on standard policy of reimbursement contracts.
Water Reimbursement Contract with M'eadowlake Company for mains in Section. A, Meadowlake
Addition, in amount of $22,295.30, based on standard policy of reimbursement contracts.
Sewer Reimbursement Contract with Meadowlake Company for mains in Section A, Meadowlake
Addition, in amount of $8,128.31, based on standard policy of reimbursement contracts.
Sewer Reimbursement Contract with Dennis Construction Co. for mains in Section 1,
Lakeview Manor, in amount of $7,964,90, based on standard policy of reimbursement contracts.
Water Reimbursement Contract with Dennis Construction Co. for mains in Section 1,
Lakeview Manor, in amount of $17083.83, based on standard reimbursement contracts.
Water Reimbursement Contract with R. D. Montgomery for mains in Section 2, Leffall
Heights, in amount of $2,509.89, based on standard policy of reimbursement contracts.
Sewer Reimbursement Contract with R. D. Montgomery for mains in Section 2, Leffall
Heights, in amount of $1,483.07, based on standard policy of reimbursement contracts.
Sewer Reimbursement 8ontract with International Paper Co. for mains in Section 1, South
Winds Estate, in amount of $18,668.30, based on standard policy of reimbursement contracts.
Water Reimbursement Contract with International Paper Co. for mains in Section 1, South
Winds Estate, in amount of $18,317.74, based on standard ,policy of reimbursement contracts.
Motion seconded by Alderman Witcher and carried,. with Alde man Thoes voting No.
RESOLUTION NO. 427
23 WHEREAS, the Board of Aldermen of the City of Wichita Falls, desires to change
, its policy to be applicgble to all developers of lands into subdivisions within the corporate
limits of the City of Wichita Falls; and
WHEREAS, the said Board of Aldermen propose to announce herein the policy that
shall govern the participation by the City in the cost of construction and installation of
street, drainage facilities, water and sewer lines in subdivisions hereafter developed in the
City of Wichita Falls.
NOW, T -OiEFORE, BE IT RESOLVED BY THE ,BOARD OF ALDEFJI 1N OF THE CITY OF WICiiITA
FALLS:
1. STREETS. (a) All streets are to be constructed according to City specifica-
tions and plans and specifications shall be approved by the Director of Public Works before
a contract is let.
(b) The City will furnish the necessary on-the-job inspection during
construction.
(c) Subdividers shall pay the total cost of street improvements, includijg
cost of curb and gutter and pavement.
(d) In residential area the City will pay the additional cost where the City
requires the streets to be wider than those needed to adequately serve the subdivision.
II. STORM S34ERS. (a) Where storm sewers are required in subdivisions all are to
be constructed in accordance with City specifications.
(b) Subdivider is to pay total cost of lines of sufficient size to drain
subdivision.
(c) The Director of Public Works shall approve all plans and specifications
before a contract is awarded and will furnish the Necessary inspection during construction.
(d) The City will pay the additional cost where larger lines than adequate
for particular subdivision are required.
III. WATER AND SM,M LLNES. (a) Water and sewer lines shall be required in all
subdivisions and are to be constructed in accordance with City specifications.
(b) The on-inal cost of water and sewer lines shall be paid entirely by the
subdivider. Upon transfer of such systems to the City, the City will reimburse the sub-
divider to the extent of ten per cent (1W of the cost thereof, in the manner described
in paragraph (e), provided t::e cost thereof hac been approved by the City:. Upon such transfer
the City ;gill also assume maintenance and operation of such system.
(c) Plans and specifications for such water and/or sewer lines shall be sub-
mitted to the Director of Public Works and/or the Director of Public Utilities for approval
before the contract is awarded.
(d) The City will pay the additional cost where larger lines are required than
adequate for particular subdivision.
207
Agenda No.
(e) If either sewer or water systems, or both, have been installed by the sub- 23-Con't
divider and are transferred to the City, the City shall pay to the subdivider on or before
March 1 of each year following completion of the construction work a sum equal to twenty-
five per cent (25%) of all water and sewer charge revenue received by the City of Wichita
Falls from sales within the boundaries of the subdivision during the preceding calendar
year until the full amount of such principal, without interest, has been paid or until
payments have been made from the income so received for a period of five (5) years from date
of completion and acceptance of systezi for which reimbursement is to be made, whichever first
occurs.
IV. Upon completion of the water and sanitary sewer system, or both, according
to the City's specifications, the City and the subdivider will enter into a contract whereby
the subdivider transfers such system or systems to the City, and the City accepts same and
agrees to maintain and operate said system, the cost of same will be fixed in said contract
and the City will agree to reimburse the subdivider as provided in the preceding paragraph.
V. All sewer and water lines are to be constructed under one of the following
plans:
(a) At the subdivider's request the City will construct the lines with the sub-
divider posting an est:imat4d amount of cost in advance and upon completion of the work making
whatever adjustment is necessary-between the estimate and the actual cost.
(b) At the subdivider's request the lines will be submitted for bids by the City
with the subdivider paying to the City the amount of the accepted bid at the time the contract
is signed with the successful bidder.
(c) At the subdivider's request the subdivider may enter into a contract with a
contractor of his choosing, however, the reimbursement contract entered into by the City will
be based on unit prices in effect at the time the contract was let; the subdivider making
payments direct to the contractor.
VI. The terms of this resolution will apply to all subdivisions planned and
approved after October 1, 1960. However, nothing herein shall be taken to alter any exist-
ing contracts or commitments made before October 1, 1960, under the terms of Resolution No.
297.
I-loved by Alderman Thoes that Resolution No. 427 be approved and adopted.
Motion seconded by Alderman Witcher.
Ex-Mayor Harold Jones, Messrs Dub Dennis, L. R. Bloodworth, Milam Vau#han and
Robert Seabury spoke against the adoption of Resolution No. 427, and in defense of the
present method of Re-Imbursement contracts.
Moved by Alderman Witcher that the motion to adopt Resolution No. 427 be tabled.
Motion seconded by Aldermen Meissner and carried by the following vote:
Yeas: Aldermen Ray, Wininger, Witcher, Meissner and Ledford.
Nays: Alderman Thoes.
Moved by Alderman Ray that the Board of Aldermen approve the following payments 23-A
on Water and Sewer Reimbursement contracts:
To Joe R. Farabee, $57.56, due 9-1-60, on sewer mains in Farabee Addition.
T. E. Hill Jr. and
Larry Moore 93.28, due 8-31-60, on sewer mains in Hursh Addn.
Hughes Devel&pment Co. 1414.85, due 8-30-60, on sewer mains in Faith Village Unit #4.
University Park Corp. 7403.06, due 9-1-60, on water mains in Univ. Park Addn. Sect
A, Al & A3; Sect B, B2 & B3; Sect. C & Cl.
Southmoor Manor Corp. 1236.10, due 9-1-60, on water mains in Manor Addn.
Sunnyside Development
Co. 392.43, due 8-23-60, on water mains in Sunnyside Heights Addn;
and the City Clerk is hereby authorized to issue checks for each of the above.
Motion seconded by Alderman Wininger and carried, with Alderman Thoes voting No.
ORDINANCE NO. 1921 24
AN ORDINANCE REGULATING ALL PERSONS, PARTNERSHIPS, ASSOCIATIONS, AND CORPORATIONS
ENGAGED IN THE BUSINESS OF PURCHASING SECOND-HAND PERSONAL PROPERTY, EXCEPT CERTAIN ENUMERATED
IIE:.SS, FOR THE PURPOSE OF RESALE TO THE GENERAL PUBLIC BY REQUIRI!dG ALL SUCH PERSONS, PART-
NERSHIPS, ASSOCIATIONS AND CORPORATIONS TO KEEP AND 1AINTAIN A REGISTER AS PROVIDED HEREIN;
208
Agenda No.
24-Conit REPEALING CHAPTERS SIX (6) AND EIGHT (8) OF THE CODIFICATION OF ORDINANCES OF THE CITY OF
WICHITA FALLS, TEXAS, 1941, ORDINANCE 1361 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR A SEVEILVILITY CLAUSE AND PROVIDING FOR A PENALTY.
Moved by Alderman Ledford that Ordinance No. 1921 be approved and passed as
read.
Motion seconded by AldermanRay and carried by the following vote:
Yeas: Aldermen Ray, Wininger, Thces, Witcher, "'eissner and Ledford.
Nays: None.
2.5 Moved by Alderman Thoes that the Board of Aldermen authorize payment to Wichita
General Hospital of $6,962.31, for charity patients for the month of July, 1960.
Motion seconded by Alderman Witcher and carried.
RESOLUTION NO. 428
26
` WHEREAS, the City National Bank of Wichita Falls, Texas, has deposited in trust
with the First National Bank in Dallas, Texas,the sum of $630,000.00 in U.S. Treasury
Bonds as security for the account of the City of Wichita Falls, Texas, asevidenced by
First National Bank in Dallas, Receipts No. A 1891 and No. A 19524, as hereinafter set forth:
Trust Receipt No. A 1891, $300,000.00 U.S. Treasury 3% Bonds, due 2-15-64
Trust Receipt No. A 19524,$330,000.00 U.S. Treasury 2 % Bonds, due U-15-61, and
WHEREAS, sufficient securities have been pledged by the City National Bark of
Wichita Falls, Texas, with the First°National Bank in Dallas, Texas, to secure the deposits
of the City of Wichita Falls,
NCW, THEREFORE, BE IT, RESOLVED BY THE BOARD OF ALDEE?H"Elq OF THE CITY OF TICHITA
FALLS, TEXAS:
as read. Moved by Alderman Wininger that Resolution No. 428 be approved and passed
Motion seconded by Alderman Thoes and carried by the following vote:
Yeas: Aldermen Ray, Wininger, Thoes, Witcher, Meissner and Ledford.
Nays: None.
27 Aiaerman i.eaiUtu
with recommendations from the Committee in the form of a Resolution.
RESOLUTION NO. 429
WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has had
under study the acquisition of an additional water supply for the City of Wichita Falls, and
WHEEREAS, the Board of Aldermen has heretofore received and approved an engineering
rej ort which selected a site on the Little Wichita River commonly icnown as the H0.13ell site
for the location of a reservoir for said additional water supply, and
WHERi�AS, the Board of Aldermen of the City of Wichita Falls now desires to proceed
with the plans for the a.cTui.sition of said water supply, and
1,^1HER.EAS, a study of financing of the proposed project has shovm that the most
equitable means of financing the project for tie average citizen would be a combination of
revenue and ad valorem bonds,
NOW, TFaliEFORE, BE IT RESOLVED BY THE BOARD OF ALD Td,1K1 OF THE CITY OF WICHITA
FALLS, TEXAS:
1. That the Halsell site is hereby selected as the most feasible site for the
location of the improvement to acquire an additional water supply.
2. That the City of Wichita Falls plans to issue a combination of Revenue Bonds
and Ad valorem Bonds to finance said improvement.
3. That November 18, 1960, is hereby set as a tentative date for the calling
of the bond election to finance slid project.
4. The City Attorney is hereby authorized and directed to file an application
for a water permit with the State Board of Water Engineers to impound waters on the Little
Wichita River at the site commonly known as the Halsell site.
209 Agenda No.
iioved by Alderman Ledford that Resolution No. 429 be approved and adopted as 27-Con't
read.
Motion seconded by Alderman Wininger and carried by the following vote:
Yeas: Aldermen Ray, Wininger, Thoes, Witcher, `leissner and Ledford.
Nays: None.
Mayor Kenneth Johnson commended the Special Water Committoe and the members of
the Council for their diligence, co-operation and sacrefice of time from personal affairs
in the preparation and presentation of their Report.
Moved by Alderman Ledford that the City enter into a Contract with Homer A. Hunter 27-A
Associates, Inc. of Dallas, Texas, and J. E. Biggs Jr. and R. E. Mathews, a partnership,
of Wichita Falls, pertaining to the Engineering services for the development of the improve-
ments embodied in Resolution No. 429; copy of such contract attached hereto; and that Mayor
Kenneth Johnson be authorized to sign said Contract, for and on behalf of the City of Wichita
Falls.
Motion seconded by Alderman Thoes and carried.
Moved by Alderman Ledford that the Mayor be authorized to meet with the directors 27 B
of the Wichita Co, Water Control & Improvement District No. 1 and' seek the release to the
City of Wichita Falls the water rights now held by the District.
Motion seconded by Alderman Thoes and carried.
Agenda Items Nos. 28 and 29 were postponed.
- - - - - - - - - - 30
:loved by Alderman Witcher that the Board of Aldermen approve Dedication Plat of �
Seymour Heights, Section Two, an' addition to the City of Wichita Falls, copy of said Plat
attached hereto.
Motion seconded by Alderman Wininger and carried.
At this point, Mayor Kenneth Johnson retired, and Mayor Protem Meissner assumed 31
the duties of Presiding Officer.
Mr. William Smith who resides on Covington Lane, presented a complaint regarding 32
drainage problems created by the regrading of Covington Lane.
Moved by Alderman Wininger that the above be referred to F. M. Rugeley, Director
of Public Works, and the City Manager.
Motion seconded by Alderman Witcher and carried.
Mr. E. C. Bales presented a Petition, requesting that the City close and abandon 33
a portion of Ve 'rntaist Street.
Moved by Alderman Witcher that the above be referred to the City Manager., the
Director of Public Works and the City Attorney.
Motion seconded by Alderman Wininger and carried.
Mrs M. W. Lambert was recognized to present a statement concerning the operation 34
of her Butane business.
210
Agenda No. `
35 Mr. Lee Miks presented a request for an exception to the Building Code, eliminating
the necessity of a fare wall in the construction of a new grain storage building.
Moved by Alderman Witcher that the Board of Aldermen grant the above exception
to the Building Code.
Notion seconded by Alderman Wininger and carried,. with the fol-lovd.ng vote:
Yeas: Aldermen Ray, Winin;er, Thoes and Witcher.
Nays: Alderman Ledford_ _ _ _ _ _ _ _ _
36 Mr. Melvin Evans presented a complaint about the conditon of the Scott Street
Bridge across the Wichita River, which was, by common consent of the Council, referred to
City Manager, C. J. Griggs, and Director of Public Works, F. M. Rugeley.
31 A petition, bearing the signatures of approximately 140 people residing in the
City View area, was presented, requesting that no changes be made in the present zoning
for the sale of whiskey, wine, beer or any type of alcoholic beaverages.
38 Moved by Aldeman Ray that the meeting be adjourned.
:lotion seconded by Alderman Witcher and carried.
The Board of Aldermen then adjourned, at 5:00 o'clock P.M.
APPROVED this the 2 day of � , 1960.
n
May
ATTEST:
City Clerk
�T / /
i
r
THE STATE OF TEXAS
COUNTY OF WICHITA )
This oontract entered into this day of
A., D. 1960, by and between the City of Wichita Falls, Wichita County,
Texas, a munlcipal corporation, acting by and thrf�-ugh, Kenneth Johnson,
Its duly authMrized Mayor , hereinafter called the CITY and a partner-
ship composed of Homer A. Hunter, Associates, Inc . , of Dallas, Dallas
County, Texas, acting by and through its duly authorized President,
Homer A. Hunter, and J. E. Biggs, Jr. , and R. E, Mathews, a partner-
ship doing business as Biggs and Mathews of Wichita Falls, Wichita
County, Texas, acting by and through J. E. Biggs, Jr. , a partner,
hereinafter called the ENGINEER.
W I T N E S S E T H
WHEREAS, the CITY intends to acquire ar, additional municipal
water supply by constructing a dam to hold waters on the Little Wichita
River at a site commonly known as the Halsell site and further proposes
to construct a dam, spillway, pump station, transmission line , and the
appurtenances necessary theretp in order to keep up with the overall
community development and desires technical and engineering assistance
in connection with the improvement program proposed, hereinafter called
the project. That in consideration of the covenants and agreements
herein csntained, the parties hereto do mutually agree as follows:
1. Employment of Engineer. The City hereby employs the
�..��i
Engineer and the Engineer agrees to perform all the necessary engineer-
ing services necessary hereinafter set forth in connection with the
project.
2. The Character and Extent of Service. The Engineer shall
render all engineering services necessary in the development and con-
struction of the project which shall include but not be limited to the
following:
(a) Preliminary Engineering Services. The Engineering
services shall inelade;
(1) Review of all previously prepared engineering
studies and reports and the making of further studies for a reservoir
on the Little Wichita River at the Halsell dam site.
(2) Prepare drawings, cost estimates, progress
schedules, approximate estimates of materials required, all in detail
2
sufficient to indicate clearly the scope of the project and make pass-
ible reliable estimates of cost.
( 3) Prepare ether preliminary reparts including
an engineering report for a bond prospectus, with necessary estimates
of operating revenues and expenses therefor.
(4) CInduct field surveys sufficient for prelimin-
ary designs and locations of the structure .
(5) Furnish engineering data necessary for applica-
tions for permits required by various governmental agencies including
the State Board of Water Engineers and appearances before those govern-
mental agencies.
(6) Attend necessary conferences with the City
Officials regarding the proposed project and meeting with other groups
of citizens of the City concerning the project.
(b) Design Phase . The Engineers services shall include :
(1) Planning and supervising all necessary sub-
surface explorations.
(2) Preparation of detailed contract drawings and
specifications for construction of new facilities .
(3) Assistance to the City in securing bids for the
construction work, analysis of the bids and recommendations concerning
the award of contracts, assistance in the award of construction eontractZ
and assistance in the preparation of the formal contract documents.
(c ) Construction Phase. The Engineers services shall
include :
( 1) Checking of shop and working drawings furnished
for contractors.
(2) Supervision and review of laboratgry, mill, and
shop tests.
( 3) Consultation and advice during the construction.
(4) General supervision of the construction work
and interpretation of the plans and specifications by periodic visits
to the site by the Engineers or their representatives .
(5) Preparation Gf monthly and final estimates for
payments to the contractors.
(6) Assistance in checking and testing of installed
equipment .
3
(7) Final inspection of the facility and revision
of the construction drawings to show the project as built.
(d) Negfltiatitn in Connection with Conflicting Facility.
The Engineer shall prepare estimates and assist the City in negotiations
with the State Highway Department , Railway companies , oil companies,
public utility companies, and such other agencies, companies, or
individuals who are the owners of facilities which are in conflict with
the project and which must be removed, modified, or relocated. Except
as may be specifically directed by the City, the Engineer shall not
prepare designs for any alternate facilities.
3. The City agrees to pay for engineering services as above
set forth a basic engineering fee of 4% of the cost of new improvements
and payments to the Engineer on account of his fee shall be as follows:
Upon completion of detailed plans and specifications as set out in
paragraph 2-b for the new construction work a sum equal to 3% of the
estimated cost of the construction covered by the plans and specifica-
tions . The balance �!f the engineering fee shall be paid during the
construction phase as the work is completed and accepted by the City
and shall be paid in proportion to the amount of work that is completed
and accepted by the City.
(a) In the event that bond funds are not made available
to complete the project when first submitted to the voters, then this
contract is terminated with no obligation on the part of the City to
pay the Engineer any thing.
(b) It is understood that the basic engineering fee
covers all engineering work done in the preliminary phase, as outlined
in paragraph 2-a above, and also includes all designs and plans for the
structures themselves and all preliminary survey work and other analysis
which must be done to complete the items set out in paragraph 2-a above;
however it is further understood that the following services are not
covered by the basic fee and the City will pay additional compensation
for the below described services an the schedule set out herein:
Laboratary inspectioxi of materials and equipment; test borings
and other sub-surface explorations; property, boundary, and right-of-way
surveys. Except these necessary in the preliminary phase , the services
of a resident engineer and inspectors for continuous on-the-site
inspection of construction work.
4
Services 'b!5 be paid for in addition to the basic engineering
fee shall be paid at nut thy.-exoead tri& fall.awing rates
Field Survey Parties $100. 00 per day
Resident Engineer 800.00 per month
Construction Inspector 600.00 per month
Draftsmen 4,00 per hour
Stenographer 2.50 per hour
Materials & Supplies (cost plus 10%)
Office Engineer 5.00 per hour
Witness in litigation with 100.00 per day
third parties
4. The Engineer will endeavor to guard the City against� de-
feets and deficiencies in the work of Centraotors; but he does not
guarantee the performance of their contracts. He will .furnish general
supervisi ,,n of the construction by periodical visits of the Engineer or
his representative from the office of the Engineers.
5. Original documents, surveys, notes and tracings as jnstxu-
ments of service are the property of the Engineers, whether the Work
for which they are made be executed or not. The Engineer will deliver
to the City five (5) sets of plans and specifications and contract
documents at his own expense and additional sets will be furnished at
the actual cost of reproduction. After the construction is completed,
the Engineer will furnish to the City two (2) sets of as-built drawings.
6. It is understood and agreed that should the City elect to
perform the work, or any portion thereof, for which detailed plans have
been prepared, without the awarding of a contract, then the same
schedule of payments of the engineering fee shall apply as under the
cfntract method.
7. The cost of the work as herein referred to means the cost
to the City of actual construction and does not include any attorney
fees , or engineering fees, or inspection fees, or interest, or the cost
of preparing any bonds, bond transcripts, or any court costs or litiga-
tion fees, or land or easement costs, or surveying fees , or the cost of
constructing conflicting facilities unless the Engineer is required to
design and supervise the construction or relocation, or reconstruction
of these conflicting facilities.
8. Termination of Contract. The City may terminate this
contract upon the abandonment of the project for any reason, or upon the
death or incapacity of Mr. Homer A. Hunter, by giving notice in writing
that the City elects to terminate this contract to the office of either
Mr. Homer A. Hunter or Mr. J. E. Biggs, Jr. If the contract is terminated
5
on this basis, the Engineer shall, unless the notice directs otherwise,
immediately discontinue all services and work anO, the placing of all
orders, or the entering into contracts for supplies, assitance , facili-
ties, and materials , in connection with the performance of this contract,
and shall proceed to cancel promptly all existing orders and contracts
insofar as said orders and contracts are chargeable to this contract.
The Engineer will be paid promptly that portion of the prescribed fee
to which the work actually performed under this contract bears to the
total work called for under this contract, less such payments a�s have
been previously made . It is also under.tood however, that in the event
funds are not available as set out in paragraph 3-a above, that there
shall be no obligation on the part of the City to p-,; the Engineer for
any services performed hereunder .
9 . The City and Engineer each binds himself, successors,
executors, administrators, and assigns to the othei party to this agree-
ment, and to the successors, executors, administrators, and assigns of
such other party in respect to all covenants of this agreement. Except
as above neither the City nor the Engineer shall assign, sublet; or
transfer his interest in this agreement without the written consent of
the ether.
IN TESTIMONY HEREOF, the parties hereto have executed this
agreement in the day and year first above written.
CITY OF WICHITA FALLS, TEXAS
ATTEST: By
Kenneth Johnson, Mayor
Fitts, City Clerk HOMER A. HUNTEL ASSOCIATES , INC.
By
ATTEST : homer A. Hunrcr, President
Mrs. Homer A. Hunter, Secretary
BIGGS AND MATHEWS
By
J. -E_'aiggs, -Jr. '
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