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Min 06/02/1981 48 Wichita Falls, Texas Memorial Auditorium Building June 2, 1981 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 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Gene Shearman John Hampton, Jr. Carol Russell Aldermen Curtis Smith James B. Thomas Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Director of Finance The invocation was given by Alderman Smith. Item 3 Moved by Alderman Thomas that minutes of the meeting held May 19, 1981 , be approved. Motion seconded by Alderman Smith, and carried unanimously. Items 4a - 8a Item 5b was moved to the regular agenda. Moved by Alderman Hampton that the remainder of the consent agenda be approved. Motion seconded by Alderman Shearman. Item 4a ORDINANCE NO. 3794 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT SEWER EASEMENT IN THE PROPOSED SAFEWAY ADDITION NO. 1 SUBDIVISION. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 4b ORDINANCE NO. 3795 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE TEN (10) FOOT UTILITY EASEMENT BETWEEN LOTS D AND E OF STANFORD ADDITION, SECTION 1 . Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None 49 Item 4c ORDINANCE NO. 3796 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF SUNSET DRIVE FROM 5TH STREET TO THE NORTH BOUNDARY EXTENDED OF LOT 22, BLOCK 4, SUNSET HEIGHTS ADDITION. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5a /RESOLUTION NO. 2790 RESOLUTION AWARDING CONTRACT TO BROWNING ELECTRIC, INC. FOR INSTALLATION OF BALLFIELD LIGHTING AT JAYCEE PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the installation of ballfield lighting at Jaycee Park; and, WHEREAS, three bids were received, and it is found that Browning Electric, Inc. , who bid $18,089, including their bid on alternate No. 1 , is the lowest responsible bidder; and, WHEREAS, the unit price bid for installing lighting fixtures under alternate No. 1 was $59 per fixture, and therefore by the expenditure of an additional $826, an additional 14 lighting fixtures can be installed which will complete the new lighting on the two existing fields at Jaycee Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said total bid, including alternate No. 1 , of Browning Electric, Inc. , in the amount of $18,089 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Browning Electric, Inc. , for the installation of such ballfield lighting at Jaycee Park plus the installation of an additional 14 lighting fixtures on the existing fields for an additional $826. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 5c The bid for a 1 ,500 gallon elliptical two-compartment refueling tank and installation on our truck, was awarded to Star Tank and Trailer Manufacturing Company, Rhome, Texas, in the amount of $5,100.00. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 6a Authority was granted to advertise for bids for water distribution system improvements on Brook and Garfield, with alternates for Harlan and Piedmont. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 6b Authority was granted to advertise for bids for utility line replacements in portions of Grant, Taylor, Avenue F, and Bluff Streets. This is part of the 1980-81 Community Development Block Grant program. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and Boston Nays : None 50 ✓Item 7 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners--May 14, 1981 b. Planning Board--May 13, 1981 c. Traffic Safety Council--May 6, 1981 d. Arts Commission--March 17 and May 19, 1981 Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None ' Item 8a A public hearing on hazardous structures was set for July 7, 1981 . Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None ✓ Item 9a Kathy Burbank, secretary to the City Manager, was honored as Employee of the Month for June. She was presented a plaque and two tickets each to a theatre and dinner by Mayor Hill . Item 9b Mrs. Herbert Ezell appeared concerning platting requirements for her property on East Lincoln Street. She stated that the property is not subdivided, and she does not plan to subdivide it. All she wants is her utilities. The City Manager explained that it is our opinion, and the City Attorney's opinion, that the subdivision ordinance does apply, and she needs to plat it. She contended that she is not a subdivider, and is therefore not subject to the ordinance. It was pointed out that metes and bounds are not identified until the land is subdivided. Public easements and public rights of way need to be identified. City Attorney H. P. Hodge stated that Mrs. Ezell considers that she is not a subdivider, and in that sense she is not a subdivider. The land is described as an unrecorded plat. It was actually subdivided in 1942 before she got it. It was subdivided without following state law. No one caught it at that time, and nothing was done about it. Our subdivision ordinance was clarified last October. Our subdivision ordinance says that it will be subdivided. The state law says the same thing. If the state law had been followed in the past, we would not have this problem which we now have. The state law which was passed in 1927 states that we cannot do what Mrs. Ezell is asking us to do. Alderman Smith noted that this platting is for her protection, too. He stated that it is clear to him that she needs to replat it and he will not vote to do anything else. Mrs. Ezell feels that this is violating many of her constitutional rights. She indicated that she contemplated some other type of action. The City Attorney stated that he admired Mrs. Ezell for the way she has handled this matter in her diligent search of the law. %Item 5b Discussion was held on award of bids for annual supply of fluoride for Water Purification Division. Alderman Smith questioned the identical cost bids , even to the cent. Joe Smith, Director of Public Utilities , stated that he believes these are legitimate bids. It was noted by the City Attorney that the terms were not identical ; therefore, the bid may be awarded without the casting of lots. 51 Item 5b, cont'd. Moved by Alderman Smith that the bid for fluoride be awarded to Thompson- Hayward, Dallas, in the amount of $168.83 per ton, with terms of 30 days. Motion seconded by Alderman Hampton, and carried unanimously. �✓ Item 10a Chuck Dennis, 4811 E1 Dorado, requested a waiver of the zero lot line ordinance for proposed Block 4, University Park, Section A-5. Roger McKinney, Planning Director, stated that this request was made at the last Planning Board meeting. Mr. Dennis desires to develop 2.36 acres under the . zero lot line, rather than the minimum of five acres required by the ordinance. The ordinance has only been in effect for eleven months. He desires to construct zero lot line in an already established neighborhood. This waiver could set a precedent for future waiver requests. Alderman Thomas questioned doing anything until the fee is settled. City Manager Stuart Bach recommended that consideration of this matter be deferred until the July 2 meeting in order to work out a mutually agreeable value for the purchase and release of a 100 foot wide irrigation easement for a portion of this area, which the Council previously authorized him to negotiate with Water District No. 2 and Mr. Dennis. Mr. Dennis stated that this is why they have to have it. They want to plat it for twelve zero lot lines , but they would only build on eight without the purchase of the easement. Mayor Hill asked if we make a waiver on this size parcel , what would keep someone else from coming back with even less acreage, and asking for the same thing? Mr. Dennis stated that he is asking for the waiver to develop it as single family units. ✓ ORDINANCE NO. 3797 AN ORDINANCE WAIVING THE SINGLE FAMILY ZERO LOT LINE SUBDIVISION MINIMUM SITE AREA REQUIREMENT OF APPENDIX A, COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118, OF THE CODE OF ORDINANCES FOR PROPOSED BLOCK 4, UNIVERSITY PARK, SECTION A-5. Moved by Alderman Thomas that Ordinance No. 3797 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : Mayor Hill ✓Item 10b Discussion was held on a proposed ordinance amending the Code of Ordinances concerning the Human Relations Commission. The City Manager stated that the basic changes in this ordinance concern the duties and responsibilities of the Human Relations Commission. The Commission is comprised of lay people. They do not have the time, education, training, and professional expertise to do this kind of work. Since other agencies have professionally trained people regarding discrimination, then we should use them. Alderman Shearman questioned what was meant by not being educated. The City Manager explained that it was educational training especially for this purpose. He also stated that they would be responsible to the City Council . City Attorney H. P. Hodge, Jr. stated that he does not believe this commission is under the open meetings law in an advisory capacity. Mayor Hill asked if they would be held legally liable if a member of the commission made a statement outside the meeting? The City Attorney stated that it would depend upon what was said. They would not unless they violated someone's legal rights. Under certain circumstances they could be liable for certain decisions , but not like they would have been under investigatory powers . 52 Item 10b, contd. A motion was made by Alderman Hampton, and seconded by Alderman Smith for the passage of an ordinance setting out the duties and responsibilities of the Human Relations Commission. It was withdrawn after the following discussion. Reginald Robinson, Jr. , 1609 Gray Fox, presented proposed amendments to the Human Relations Commission ordinance from the National Association for the Advancement for Colored People. City Manager Stuart Bach stated that he had met with Mrs. Margaret Davis last week. Mrs. Davis stated that she had met with him after the fact. Mr. Robinson stated that the Council would be taking the powers of the Commission away from them. He stated that there have not been any major issues. He cited three incidents in which investigation was needed, such as the Hirschi uprising last week, the murder of a prominent school teacher, and the testimony of two brothers who stated that police had given them ammunition to kill someone. Mr. Robinson stated that they are asking that the Commission retain the investigative powers. He suggested that someone be trained to have the education they need. He urged that the meetings not be closed. They want to have a hand in deciding who these individuals are. Alderman Thomas suggested that they take more time to study the twelve items presented by Mr. Robinson, along with any others presented to them for consideration. Moved by Alderman Thomas that action be delayed on this item until the first meeting in July in order that they may study this proposal , and any others which they may receive. Motion seconded by Alderman Hampton, and carried unanimously. Alderman Smith cautioned that the people accused of these violations also have rights , and it is dangerous if we let amateurs get into a legal field where they have no expertise. People tend to believe what they read in the newspaper. v Item lla A proposed resolution was presented authorizing the City Manager to execute a contract with ADLS Professional Services , Inc. , Dallas, for consulting services to develop a valid selection process for entry level firefighters. v' RESOLUTION NO. 2791 RESOLUTION APPROVING CONTRACT FOR CONSULTING SERVICES WITH ADLS PROFESSIONAL SERVICES, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and ADLS Professional Services , Inc. , 3716 Shady Hollow Lane, Dallas, Texas 75233, for consulting services required to develop a valid selection process for entry level firefighters for the City is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Russell that Resolution No. 2791 be passed. Motion seconded by Alderman Boston. Alderman Shearman asked if there were not a study of the Fire Department by a Chicago firm that was supposed to be given to the Council on April 1? The City Manager stated that this was the pay and classification plan, and it is not the same thing as this. This is a testing program by the Civil Service Commission. We are trying to update some old tests. This has nothing to do with salary. Alderman Shearman commented that firemen must like their jobs because they are not very highly paid. 53 Item lla, cont'd. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays: Alderman Shearman ✓I tem 11 b A proposed resolution was presented approving appraisals and authorizing the purchase of land for a sanitary landfill site. An emergency clause was added to the resolution prior to adoption. ✓ RESOLUTION NO. 2792 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE SANITARY LANDFILL SITE. WHEREAS, it is necessary to acquire certain properties hereinafter described for the Sanitary Landfill Site; and, WHEREAS, such properties have been appraised by an independent appraiser employed by the City of Wichita Falls for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works , NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF 14ICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas : SANITARY LANDFILL SITE Parcels in Blocks 9, 10, 11 , 12, and 13, of the Southside Farms, Wichita County, Texas described as follows : Tract 1 A 39.90 acre tract of land in Block 13, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas , and being a part of a tract of land described by deed to Malcolm Karstetter as recorded in Volume 1146, Page 818, Deed Records , Wichita County, Texas , and being described by metes and bounds as follows : BEGINNING at a 2" iron pipe found for the Northeast corner of Block 13, South Side Farms Subdivision. THENCE South 810.0 feet along the East line of Block 13, South Side Farms Subdivision to a ' iron reinforcing rod THENCE N89051 '37"W 1 ,650.0 feet to a 2" iron reinforcing rod THENCE N50040'24"W 1 ,281 .74 feet to a 12" iron pipe found for the Northwest corner of Block 13, South Side Farms Subdivision THENCE S89051 '43"E along the North line Block 13, South Side Farms Subdivision at 2,091 .94 feet pass a 2" iron reinforcing rod and continuing on the same course at 2,261 .34 feet pass a 2" iron reinforcing rod and continuing on the same course in all 2,641 .54 feet to the place of beginning and containing 39.90 acres of land more or less. Tract 2 A 84.44 acre tract of land in Block 12, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas, and being a part of a tract of land described by deed to Donald G. Parker as recorded in Volume 394, Page 20 and Cecil D. Parker as recorded in Volume 394, Page 21 , Deed Records , Wichita County, Texas, and being described by metes and bounds as follows: 54 Item llb, cont'd. BEGINNING at a 12" iron pipe found for the Southwest corner of Block 12, South Side Farms Subdivision. THENCE N00006'03"W at 1 ,780.21 feet pasta 2" iron reinforcing rod and continuing on the same course in all 2,647.9 feet to a 2" iron pipe found for the Northwest corner of Block 12, South Side Farms Subdivision THENCE S89003'59"E 1 ,010.0 feet along the North line of Block 12, South Side Farms Subdivision to a 2" iron reinforcing rod THENCE S09033'59"E 1 ,590.4 feet to a 2" iron reinforcing rod THENCE S42052'16"E 1 ,457.84 feet to a 2" iron reinforcing rod on the South line of Block 12, South Side Farms Subdivision THENCE N89051 '43"W along the South line of Block 12, South Side Farms Subdivision at 169.4 feet pass a 2" iron reinforcing rod and continuinq on the same course in all 2,261 .34 feet to the place of beginning and containinq 84.44 acres of land more or less. Tract 3 A 91 .79 acre tract of land in Block 9, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas, and being a tract of land described by deed to Malcolm Karstetter as recorded in Volume 1146, Page 818, Deed Records , Wichita County, Texas, and being described by metes and bounds as follows : BEGINNING at a 12" iron pipe found for the Southeast corner of Block 9, South Side Farms Subdivision. THENCE 89035212"W 1 ,514.35 feet along the South line of Block 9, South Side Farms Subdivision to a 2" iron reinforcing rod at the midpoint of the South line of Block 9, South Side Farms Subdivision THENCE N00004' 53"W 2,634.5 feet to a 2 iron reinforcing rod at the midpoint of the North line of Block 9, South Side Farms Subdivision THENCE N89054'23"E along the North line of Block 9, South Side Farms Subdivision at 593.39 feet pass a 2" iron reinforcing rod and continuing on the same course in all 1 ,513.39 feet to a 2" iron pipe found for the Northeast corner of Block 9, South Side Farms Subdivision THENCE S00006'03"Ealong the East line of Block 9, South Side Farms Subdivision at 867.69 feet pass a 2" iron reinforcing rod and continuing on the same course in all 2,647.9 feet to the place of beginning and containing 91 .79 acres of land more or less. Tract 4 A 28.45 acre tract of land in Block 9, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas, and being a part of a tract of land described by deed to Donald G. Parker as recorded in Volume 394, Page 20 and Cecil D. Parker as recorded in Volume 394, Page 21 , Deed Records, Wichita County, Texas , and being described by metes and bounds as follows : BEGINNING at a 2" iron reinforcing rod at the midpoint of the South line of Block 9, South Side Farms Subdivision which bears N89035'12"W 1 ,514.35' from a 12" iron pipe found for the Southeast corner of Block 9, South Side Farms Subdivision. THENCE N38055'47"W 859.53 feet to a 2" iron reinforcing rod THENCE N00003' 50"W 1 ,965.0 feet to a 2" iron reinforcing rod on the North line of Block 9, South Side Farms Subdivision THENCE N 89054'23"E 538.5 feet along the North line of Block 9, South Side Farms Subdivision to a 2" iron reinforcing rod at the midpoint of the North line of Block 9, South Side Farms Subdivision THENCE S00004'53"E 2,634.5 feet to the place of beginning and containing 28.45 acres of land more or less . Tract 5 A 33.96 acre tract of land in Block 10, Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas, and being a part of a tract of land described by deed to W. H. Hammon as recorded in Volume 391 , Page 331 , Deed Records, Wichita County, Texas , and being described by metes and bounds as follows: 55 Item llb, cont'd. BEGINNING at a 2" iron pipe found for the Southeast corner of Block 10, South Side Farms Subdivision. THENCE S89054'23"W 920.0 feet along the South line of Block 10, South Side Farms Subdivision to a 2" iron reinforcing rod THENCE N00 17'02"W 1 ,616.49 feet to a 2" iron reinforcing rod THENCE S89003'59"E at 427.75 feet pass a 2" iron reinforcing rod and continuing on the same course in all 920.0 feet to a 2" iron reinforcing rod on the East line of Block 10, South Side Farms Subdivision THENCE S00017'28"E 1 ,600.0 feet along the East line of Block 10, South Side Farms Subdivision to the place of beginning and containing 33.96 acres of land more or less. Tract 6 A 37.09 acre tract of land in Block 11 , Cowherd Brothers South Side Farms Subdivision out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas, and being a part of a tract of land described in the Report of Commissioners to Donald G. Parker as recorded in Book 8, Page 243, Minutes of 78th District Court, Wichita County, Texas , and by deed to Cecil D. Parker as recorded in Volume 394, Page 21 , Deed Records, Wichita County, Texas, and being described by metes and bounds as follows : BEGINNING at a 2" iron pipe found for the Southwest corner of Block 11 , South Side Farms Subdivision. THENCE N00017 '28"W 1 ,600.0 feet along the West line of Block 11 , South Side Farms Subdivision to a 2" iron reinforcing rod THENCE S89 03'59"E 1 ,010.0 feet to a 2" iron reinforcing rod THENCE S00017'28"E at 649.4 feet pass a 2" iron reinforcing rod and continuing on the same course in all 1 ,600.0 feet to a 2" iron reinforcing rod on the South line of Block 11 , South Side Farms Subdivision THENCE N89003'59"W 1 ,010.0 feet along the South line of Block 11 , South Side Farms Subdivision to the place of beginning and containing 37.09 acres of land more or less . Total value approved in this resolution---------------$309,900. Section No. 2 The approved value of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tracts if the value as determined by the appraisal made by the independent appraiser referred to above. Section No. 3 In event the City Manager is unable to purchase any such tract for such approved value he is .hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls, Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Section No. 4 The fact that the sanitary landfill presently operated by the City is almost completely filled, and a new landfill is urgently required, creates an emergency on the ground of urgent public for the preservation of the peace, health and safety of property of the city, and this resolution is declared to be an emergency measure, effective immediately. Moved by Alderman Thomas that Resolution No. 2792 be passed, with the emergency clause. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None The landfill roadway was mentioned. The City Manager stated that he wanted the right-of-way established before they ask the Council to advertise for bids. 56 Item 11c an apA Proposed r pos dtoesol tion waspresented es construction authorizing the City Manager to submit Texas Parks and Wildlife Department for acboat launching rampeandtparwith kin tle at Deer Creek Park at Lake Arrowhead. g of �/RESOLUTION N0. 2793 RESOLUTION APPROVING CONSTRUCTION AGREEMENT WITH TEXAS PARKS AND WILDLIFE DEPARTMENT FOR BOAT RAMP FACILITY AT DEER CREEK PARK AT LAKE ARROWHEAD, APPROVING A LEASE AGREEMENT TO SUCH DEPARTMENT FOR SUCH FACILITY, AND AUTHORIZING FILING OF AN APPLICATION. WHEREAS, the City of Wichita Falls is desirous of providing for the construction of a boat ramp facility on Lake Arrowhead at Deer Creek Park; and WHEREAS, the State of Texas, acting through the Texas Parks and Wildlife Department, would provide for such construction; and, WHEREAS, the construction of such a facility would be of benefit to the citizens of Wichita Falls as well as transient boaters from the State and other states. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City of Wichita Falls will enter into a construction agreement With the— Texas and Wildlife Department to provide for this construction a reinbursement-for-cost basis. 9 ment tion on SECTION 2. Stuart A. Bach, City Manager, is hereby authorized to sign any and all d�ents pertaining to the construction. SECTION 3. That the City of Wichita Falls will , upon completion, furnish the necessary lease agreement or land documents to the Texas Parks and Wild Department, on a form similar to the sample attached hereto. life SECTION 4. The City will perform the necessary housekeeping and minor maintenance at said facility, repair not necessitating special tools,maintenanceor tools, skilled labor,dor�laa9 p as necessary of eria mat I . The City agrees to pick up trash, now and otherwise maintain the said facility in a clean, neat and sanitary condition and surveillance to eliminate the possible creations of a nuisance hazard to Public or adjacent property owner. he foSECTION 5. The City Manager is hereby authorized to file with such Department an applic on r a grant for a share of the cost of such facility. Moved by Alderman Smith that Resolution No. 2793 be passed. y Motion seconded by Alderman Russell . The City Manager explained the City's responsibility in the amount of 7 for construction of this boat ramp, and stated that the City would also ,500 Provide an all-weather entrance road. Total City project related costs aree to estimated at $37,500. Alderman Hampton asked if the camping area would be closed off. Alan Whitmire, Parks Department, stated that it would be different location. . The ramp will be at a The City Manager recommended that the Council not appropriate any money until we receive money from the state. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas Boston Nays: None and 57 Item 11d resolution was presented authorizing an gthe access drivewaytfromeitse an A proposed easement providing Midwestern State University property to Miller Road. V RESOLUTION N0. 2794 RESOLUTION APPROVING AND AUTHORIZING CITY S MANAGER EWAYTOEXE FROMIUTEP N EASEMENT TO MIDWESTERN STATE UNIVERSITY FOR ACC ERTY TO MILLER ROAD. BE IT RESOLVED THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, As THAT: from the City of That certain easement, a copy of which is attached hereto, Wichita Falls to Midwestern State University, granting it an easement for an to its property from Miller Road, is hereby approved, and the City access driveway Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Russell that Resolution No. 2794 be passed. Motion seconded by Alderman Boston. ro erty? then we would Alderman Hampton asked who woflWebfailatoema�ntainr an a our ddriveway,ent on ty Property? portion, then The City Attorney explained that be liable, but if Midwestern State Uniresult outity loft the afailure tofl the odri�er to le. they would be liable. If an acciers- dent exercise proper caution, then it would be his fault, and the driver would be liable. Alderman Hampton also mentioned undue wear and tear on the driveway caused by concre te trucks , etc. Ernest Lillard stated that Dr. Rodriguez requested this roadway as an alternate access. amended toeientire fire hstationadrivewayMidwestern The motion and second were would be responsible for maintenance of th The motion for passage of Resolution No. 2794 was carried by the following vote. A es: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and y Boston Nays: None Item lle Manager to execute an A proposed resolution was presented authorizing the City agreement with the State of Texas to furnish an intoxilyzer to the Police Department. v RESOLUTION NO. 2795 RESOLUTION APPROVING AND AUTHORIZINACINTOXILYZER TO THE EXECUTE POLICE DEPARTMENT. WITH THE STATE OF TEXAS TO FURNISH N BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: between the City of That certain agreement, a copy of which is attached hereto, theState the Falls and the State of Texas , whereby Manaeragse furnish authorizedto eoxecuteCthe a nit i ntoxilyzer, is hereby approved,roved, and the City 9 an same for the City of Wichita Falls . Moved by Alderman Thomas that Resolution No. 2795 be passed. Motion seconded by Alderman Smith, and carried by the following vote. A es: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and y Boston Nays: None 58 ,Item 12a A proposed resolution was presented awarding the bid on the 1981 Reconstruction Program. RESOLUTION NO. 2796 RESOLUTION AWARDING CONTRACT FOR THE 1981 STREET RECONSTRUCTION PROGRAM TO TIMMINS & ANDERSON CORPORATION. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of the 1981 Street Reconstruction Program; and, WHEREAS, two bids were received, and it is found that the bid of Timmins & Anderson Corporation in the amount of $915,577.33 is the lowest responsible bid; and, WHEREAS, the bids were lower than estimated, and the City has $1 ,200,971 available for this program; and, WHEREAS, the bid documents stated that the quantities of work to be done at unit prices and materials to be furnished may be increased or decreased as may be considered necessary to complete the work fully as planned and contemplated. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Timmins & Anderson Corporation is hereby accepted, and the City Manager is authorized to execute a contract with Timmins & Anderson Corporation for the streets heretofore included in such program num additional streets from the list of streets needing�reconstruction,plus aent so thatethef total contract price shall be $1 ,220,971 . Moved by Alderman Hampton that Resolution No. 2796 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None ` Item 13a Mayor Hill noted that he was in Montgomery, Alabama last week. The Alabama legislature had authorized twelve cities to sell industrial bonds in order for them to own their own electrical plant. He realizes this would be terribly expensive, but he is receiving more and more calls on utility bills. He understands that a utility company can spend as much as they want to, and then they can come up here and say they have spent so much, and need a certain amount of profit. They are not responsible to anyone for their expenses. We are buying plants now, and when they are paid for we will not own them. Alderman Thomas stated that he feels his whole idea is good. to purchase from someone else, and they are subject to charges t Electra has hat come down to them. Mayor Hill requested that the City Manager look into this what can be done. matter to see Alderman Smith noted that utility bills are working an extreme hardship on many people. He stated that the Public Utility Commission is beginning to crack down on them more, and are not rubber stamping everything. Alderman Hampton stated that the Council is continually being told that the City can get the work done cheaper if it is contracted out. Mayor Hill criticized Texas Electric for them purchasing an air conditioner or electric appliance for those who are able to buy them. If they are not able to buy them, they won 't do anything for them. They are not held responsible for any of their expenses . 59 Item 13a, cont'd. City Attorney H. P. Hodge, Jr. stated that a TML group has banded together to protest rate increases, but each time the Public Utility Commission has overruled us in these cases. Item 13b The Board of Aldermen recessed at 10:10 A.M. for executive session under Article 6252-17, Section 2, subsection (g) of the Revised Texas Civil Statutes. They reconvened at 10:25 A.M. Alderman Thomas did not return. Item 13c RESOLUTION NO. 2797 RESOLUTION APPOINTING DIRECTORS OF THE WICHITA FALLS HOUSING FINANCE CORPORATION TO FILL THE UNEXPIRED HAS EXPIRED. OF ROBERT D. HALEY AND TO SUCCEED KENNETH HILL WHEREAS, Robert D. Haley was heretofore appointed a director of the Wichita Falls Housing Finance Corporation for a term expiring December 26, 1982, and Kenneth Hill was appointed a director of such corporation for a term expiring December 26, 1980; and, WHEREAS, Robert D. Haley has resigned from his employment as Assistant City Manager for the City, and the Articles of Incorporation orpoiaii noffthe suc Corpty s ration provide that the term of any director who public off exceed the period for which such on the Board of Drecos hasll be a ficial �acant;City; and, therefore, Mr. Haley's position WHEREAS, the term of Kenneth Hill as director has expired. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . Stuart A. Bach, who resides within the City of Wichita Falls, is hereby appointed a director of the Wichita Falls Housing Finance Corporation, to fill the unexpired term for which Mr. Haley had been appointed, such term expiring December 26, 1982. SECTION 2. Kenneth Hill , who resides within the City of Wichita Falls, is hereby appointed a director of theWichita Falls Housing Finance Corporation, for a term expiring December 26, 4. Moved by Alderman Hampton that Resolution No. 2797 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Boston Nays : None Moved by Alderman Hampton that Sandrea Marvel and Blanche Donnell be appointed to the Mayor's Commission on the Status of Women for terms to expire September 30, 1981 . (replacing Gayle Backstrom and Mary Jo Gruca, who resigned.) Motion seconded by Alderman Smith, and carried unanimously. Mayor Hill appointedNancySherrilland and n Mal2ne1983 the Wichita Falls Housing Authority for two-year t expire Moved by Alderman Hampton that the appointments be approved. Motion seconded by Alderman Smith, and carried unanimously. City Manager Stuart Bach noted that two landfill items might need a special council meeting. 60 The Board of Aldermen adjourned at 10:30 A.M. PASSED AND APPROVED this -��- ),4`t1day of ,' ..L ; 1981 . MAYOR ATTEST: i I •----� :_.t i i C�. ' � < 1.�i/L s''L;�- CITY CLERK � r - . ,:�, �.v�,�'' l d t T'T'R���,`1 }OR SLRVICL� Coyr n 2'; E z LL �1� 1L, ,T � ZRVICES I 1,,,D �1 D L S PROFESSIC1111L THE CITY OF �'JICHITA FULLS, 1�.��.� _ s, Inc. (herein after Service 1 D L S professional aeration with staff the CompanY) in coo �- d as the �'lichita Falls, lea agree referre �O City of personnel supplied by does hereby g (here in after referred to as the City rent services rovide personnel research ando 1 o o the pro jec � is to p City a, stipulated. The g de_ensiblO to the rofessionally the City with a p hterse The to provide level fire fig selection of entry follows: progra-a for fished are as f l wort; elements to be accomp 1. Revs-evr of relevant literature 2. Job analysis the literature E 7 � Test development as indicated 1n include but > data which may �1d by job analysis b• strength and wri a. tten test2 to : is not limited sment Center. and c, Asses r the back- agility test, 1 4. Review and revision, as necessary, ground procedureso analyses of test Tryout of tests and statistical analy b. determine 5• y lity estimat;e�, I_-- '• a. reliability c, estab- results includin'- difficulty and item discrimination in, ee item for each test. oints and time limits li.sh norms, passlpn for suU�eq uent test validation. prepare p the require- • c ort addre:�sed to 7, prepare final r p the Uniform Guidelines on Trent o f an d compliance with s ur es. Employee Selection procedures- tter of �, estimate of costs were '1teTt]1.zCd in our �= The eJ the Company ~rill, �;rit11 19 31. In sum]:ary, � supplies and L ;;arch 23 of Gd.�y from City staff and limited use page 2 of 4 pages Agenda Item No. ll.a. I _ I 2M`�'� .-_:. all 'o fro✓_fie y foz, o �o eXceed k�7 �� fur:li�t: „a 1 ;+ s > Monti! t Imo 11 ; nvoice �. 30% r a_ d I1 t O'. t . S� � y �� E� � 1 a� -, e'.'o �0d J_. 2111; 0e^ Ow ,� to 1. 1^ Qr o i"C4_ .� - - Cv b?L +— : 5 per /di e eac 1 staff memT r m rate a� - ;_ trµn t . . �e assi�,led h _ r �D^ 02 � d TO ' i p ^ , t:1O 11 OLilOr direct �''O ]OC` i ty ac�_,al y � z UO fay anount due i e'''�en es nn,ti„y, d,1, dur T t n conned; cn ed, =1b liecy e _ r �I_ on of %he a,- r 7� Ci Y f"r'eO tO rOtr; U� 1 ,? O I ^ 10 _ art 'O- f+ a ' r t - ya.e nc. �u her agrees - aS175 5?0 0l L, paY ADLn nc' e'vlc TMzs.�; oIl Or 1., trithin 0 d `- 1 �e montll s aft per oub_ 1�• st dt;e -t�merlt referred for sarviceo =enderad r to above, - i _ reCeil�t o�^astPayM021t snail be made et=_ n of Project atelne:l o ct after s p. . a�isfac;,�r,r o co?lt.� ac s?Tall be ,1 1 it Junc Z� 98i full forc:� a l ci t s until and UpO effect eC frO: stipula�.y I1 comple lon oj, d herein alld is, horcby sig b a' or'; ele 1e lt, aC iIl j 1n ' heir off1C nec �' file �2r3On3 iai Ca1)acit For: Y for tz:, - 1iC' 01:1: _1..a P a 1 0 7� AL r Pr;-� v, signature r L 'ignature i�am c Ham _L Date e D. O, ?o;; 1�, Dato L i c' rJ_ -----._- S :11 7b�07 ��� �had�r�7101_lU�: LaIlO Dalla� _. Page 3 of 4 Pages L Agenda Item No. 11,a. l: SO1;TRACT FOR SERVICE'S 13 ;;T'i;Zi_,I'r A D L S PROFESSIONAL SERVICES I"C. AND THE CITY OF VIICIIITA FALLS, TEXAS A D L a r professional Services, Inc. (herein after referred to as the Company) in cooperation With staff the City of vli.chita Falls, Texas !z personnel supplied by j (herein after referred to as the City) does hereby agree to provide personnel research and development services to the City as stipulated. The goal of the project with a professional) defensible professionally t to provide the CiL,y fighters. The tt program for selection of entry level fire work elements to be accomplished are as follows: 1. Review of relevant literature 2. Job analysis 3. Test development as indicated in the literature and by job analysis data, which may include but itten test, b. strength and is not limited to : a. wr �. t, and C. Assessment Center- agility tes L,. Review and revision, as necessary, of the baclL- ground pro cedures. .5. Tryout of tests and s tati.�tical analyses of test Mbility etimates, b. determine results including,': a. relia cs -- item difficulty and item discrimination index, c. estab- lish norms, pass points and time limits for each test. 6. Prepare plan for subsequent test validation. ?. Prepare final report addressed to the require- ments of and compliance with the Uniform Guidelines on Employee Selection Procedures. The estimate of costs �'rcre itemized in our letter loom ;March 23 19f31• In summary 9 the Company ~'rill� with emu'. c from City staff and limited use of City supplies and Page 2 of 4 Pages Agenda Item No. ll.a. ac- 0 4­ all Cle!nen Of th4 b- ; 0 r eo- to P r 3 V ae the service-- o u t fol, nog to exceed <k17 furn; - I eachMontl" Invoices setting forth t",,Le nu-,-be-r of sta Id-ajv:- d-evo-11-cc, to 'Gil C pro i ec-�- u ,, d a a cable each s-;- ;,.:, �al-� n em b 0 r as s 4,0 h r t-,anz3no ay c ct,,�aj On a2ad other direct '"OjOct expens-es incurred, arl-i tho total a-mount, due in conn- -c ' J 02, wit-h d2l'ac` dulri-,,I�r the month. LC03 Ti c0rl=' de:�at` On of the -i on "he -)a---�- o T I u I . 4- A "le City agree: to provide aU7s5D0 of j n ccc e S, and fu:�tlae-r agrees to pay ADLS witlajn 50 days after sub- Of the montilly Statements `cfC-rod to above� amount;; U'3 f0r services :-,enderod. Final payment shall be made day:; after rece� pl- Of statel',1clat, after satisfactor, completion of the project 4..3 CO-'f.Ltra- t shall be in full force jnd effect fromc JU-La c 25 190-1, until and upon, CO1',1',1jlet-JLOn of all Viork, ele.mc-,1 z � lu Sti-Uu1a-L-..:,,d herein and isy hereby signed by tIle nercojjc acti,­� in official capacity for t,, 1 : 0 Principal par tips. For: For t` of ',71 C I,I t-a Fa 11 s A T) 1, Inc. signature signature 11arra j,Tazno-L.011.C-'A ) 1W Date P. O. :3 0 x 3710" ')'hady HO' lov,, Laill- FalL3, TOX. 76)507 Dalla:t J. Page 3 of 4 Pages Agenda Item No. 11.a. AGREE ENT THE STATE OF TEXAS COBVTY OF TRAVIS I. This AGRFE`LEST between the'State of Texas, ;actin7. through its Departments of Highways and Public Transportation (DHPT_) and of Public Safety (DPS), and the City of Wichita Falls, hereinafter cited as the Local Agency (LA), acting. through its authorized officers, witnesseth: II. The DHPT is charged with coordinating and cooperating with other departments of the State and with political subdivisions of the State in a statewide traffic safety program, including expen- ;t diture of traffic safety funds for property to be used in 't program activities. The DPS is charged with the administration of a statewide breath testing program involving all law enfor- cement agencies in the state. The LA, as part of its respon- sibility for protecting the safety and welfare of its citizens, is responsible for enforcing laws and ordinances concerning operation of a motor vehicle by a driver whose faculties or abi- lities are or may be impaired by alcohol. (` To accomplish these purposes, these three entities agree to cooperate in a program in which breath testing devices belonging to the State of Texas and maintained on the inventory of DHPT will be placed in the possession of the LA for its use in a program coordinated by and conducted in accordance with the rules and regulations of DPS, including the Texas Chemical Breath Test Regulations (TCBTR). The LA acknowledges that it has requested the benefits of this program as a part of its local highway safety program and in furtherance of its governmental responsibilities, and therefore consents to participate in this program and accepts possession of these devices. III. The parties further agree as follows: A. The DHPT agrees to furnish instruments and security cabinets to the DPS for distribut'.on to the .A. It it specifically agreed between the parties that the DHPT is to retain title to the instruments and security cabinets and to retain them on its inventory of accountable assets. DPS is not to be held responsible or accountable for instruments or security cabinets. B. The LA agrees to: 1. .Take possession from DPS of the breath test instruments and allied equipment listed on attachment A, under- standing that Ciese tnstr,i,­!-its pad allied eq:ii-inen_ are and re-nain the property of the State of Texas and are accountable on the inventory of DHPT. 2. Deliver to DPS all existing breath test instruments currently in its possession to be used as a trade-in on the purchase of the new instruments. f 3. Control, protect, and preserve the newly received t_ instruments and allied equipment, exercising wit, regard to such property such care as would be c.cercised by a t reasonably careful owner. 4. Maint iin the instruments in good condition and effective wor":Iog nr92r, with the to^,n'_cs1 as:is[ance of DPS as set forth iz C-3, below. Page 2 of 8 Pages 1 Agenda Item No. 11.e. r 5. Replace the instruments and equipment raceived in the } event of loss, theft, accident, or circumstances ot'.^.er ji than aornal wear, so long as the equl?meat is necessary for the operation of the local breath testing-program. {{{ 6. Cooperate with DPS in its meeting its responsibilities f _ for administration of the breath testing program by: tt a. maintaining. and operating the instruments in accor— dance with the TCBTR and directives from the Office of the Scientific .Director of DPS; b. permitting DPS to monitor local testing programs to insure testing integrity and compliance with breath testing regulations; c. permitting DPS, through certified local technical supervisors, to calibrate and perform technical maintenance on, and to certify the instruments in { accordance with the TCBTR. jt 7. Cooperate with DHPT in its maintaining accurate inven— tort' records concerning the instruments, particularly by (\ making the instruments available to DHPT (acting through certified technical supervisors) for inventory at rea— sonable times and upon reasonable notice. B. Send their certified operators to schools certified by the Office of the Scientific Director of DPS for addi— tional training on the new instruments. The funding of the additional training will be the responsibility of the LA. _ C. The DPS, through the Office of the Scientific Director, agrees to: 1. Deliver to the LA breath test instruments and allied . equipment listed on Attach,,eat A. 2. Receive from the LA all existing breath test instruments that the LA possesses and deliver the old instruments to the new instrument manufacturer as a trade—in as part of the purchase price of the new instrum_nts. t 3. Provide technical assistance and guidance as necessary through certified technical supervisors to the LA to fenable that LA to maintain the instru-nents in good con— dition and efEactive wo ':ing oc,iar. i'ii5 i,s_stan e LLL shall include, as a minimum: a. Providing the LA with a copy of the TCBTR. _ b. *faking available to the LA instrument operators and . technical su?er•✓isor; the onportuni_y to receive training in tha o>>r,itioa and maintenance of the instcuments througgh schools that are certified by DPS. c. Having certified technical supervisors calibrate, perform all technical maintenance on, and certify the instruments in the LA in accordance with the provisions stated in the TCBTR. 4. "monitor the LA testing progrma to insure testing L integrity and compliance with breath testing regula— tions. _ Page 3 of 8 Pages Agenda Item No. 11.e. { 2 - 5. Acting on behalf of DHPT„ physically inventory at laast once annually the instruments and equipment placed with the LA. The inventory will veri_y the presence of the user identification number of the instrument, the instrument description, includin3 manufacturer's szrial number, and the instrument location. A certification of the performance of this inventory will be submitted to DHPT, File D-187S. 6. Remove and relocate any instrument not being used or maintained so as to insure an effective breath' testing program. IV. This agreement pertains only to physical possession and :.ain- tenance of the breath testing equipment shown on Attachment A and not to the agreement between DPS and the LA under which that LA participates in a certified chemical breath test program. V. No modification to any instrument shall be made without prior •. written approval from the Office of the Scientific Director of the DFS; modification of any instrument without prior written approval shall be grounds for removal of such instrument pro- vided under this agreement. VI. This agreement shall terminate upon the end of the useful life I of the equipment (including replacement equipment provided pur- suant to Article III-8-5) or upon termination of the local breath test program, whichever occurs first. Page 4 of 8 Pages 3 Agenda Item No. 11.e. THE CITY OF WICHIT?. F,,LLS T�?' STATE OF TEXAS Certified as being executed APPROVED: to carry out the orders, policies, or approved and authorized Work programs of the DPS: Mayor Director, Department of Public Safety s Date: I � Date: Certified as being executed ATTEST: for the purpose and effect of activating and/or carrying out the orders, established policies, or Work programs heretofore approved and Secretary authorized by the State Highway and Public Transportation Commission: APPROVED AS TO FO%14: Assistant Engineer-Director SDHPT { Executed and approved for the !{L SDHPT under authority of Minute Order 77446 Title: Date: RECO.'LIENDED FOR EXECUTION: Chief Engineer Safety 6 Maintenance Ope-ations Division Director, Finance Division 4 Page 5 of 8 Pages Agenda Item No. 1I.e. D Z A o 1 z -• c co M -s _l � 0 I n 1 n C D J. r^ n Q 37 cm -i D .� m O O (7 GKi Z rf O I+L 0 <' ^ C: t'tl 71 f C r _ a �. z x .� o n m cr R c n+ Z co (n O m C r O 0 x -n .; D0 s n m o r- -4 H Z C to f 9i V2 '' o o 0-4 0 3 0 n. ;a n z M (D I C-+ rD C - 0 (U 1 �+ C `+ -h 0 J. CA G 0 c� (1 V) C o N (rj (D (D U � • � C 7 N N co • 0 T) • � f Q L m m rrl c L LL m m w o G < r G» x 3 v 7 z 111111 C�� n77 O -_I G O c ^ 2 L m O cun G < 7 G T G ?m-N mZm (D. I q 71Z < IrJ (] n O j< � < rOcF O _ c p n T a __. < _ (D P. n. m O `In ` J 0 ➢N -y lJ 3 M N 6 1 m aU o o >• O n 3 n !rr n Iy 5 -� �a na rt Or o C 7 n �. T�1 l G ,7 5 cD c u N 9 _ s^ Kl-j SG =-� Mn 7 N tG n'CCD < CD X G r d 1 O. �. G ^ _ G C C v (D< :3 G n^ " c O C CD ° o n f< a0 C.m =G mCD r/1- 0U) i3T n' aa3 ��" O �j� Z J m O N v, n n y 7 Dr C) C � >1 52 c a n C O '--m r. � o o O�. N (D m tm G cC-i 0 G C .C. M »: �OI �O c, C no .+ o n µ = c m � p rm �a^_ on] u D co y � F=� N >c -* m lZI n m G C) on O F) C N O ' N to � CD d 7 LT CD O < - moo: tHrm o G = � D M. ~m p C G• o ma Z C �� 0 0 � ��� � o Orcn N. _ C D m O C D o CL O�m, rn C� r�l U. � aT"'� C7 ` O� 0r tit m d f zi � cn ° - ^� c -w cn S; R m D c a c of jN � J^ y' C m �� o N G J^ CD ' �r m r r, 0 n m np y 'c^^ Z OC V+ �N @ O Ziii o' o - O J C � 1p O OI .N �I rr rt D co r ' N c _ 6/80 / r 6 SAMPLE LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF X This agreement made and entered into this day of by and between the Texas Parks and Wildlife Department ("Lessee") and ("Lessor") each acting herein by and through its duly authorized officers. WITNESSETH WHEREAS, Lessor owns a tract of land hereinafter described on which Lessee desires to construct, maintain and operate a boat launching facility; and WHEREAS, Lessor desires to grant a leasehold property interest for the aforesaid purposes and perform certain maintenance and operational duties. NOW THEREFORE, in consideration of the premises and the agreements herein contained, Lessor hereby leases, demises, and lets unto Lessee for the purpose of constructing, maintaining and operating a boat launching ramp and associated support facilities all that certain tract of land situated in County, Texas being more particularly described as follows: (legal description) This lease 'is made subject, however, to the following terms and conditions: 1. The term of this lease shall be from the day and year above written for a period of twenty-five years unless and until terminated as provided herein. 2. It is understood and agreed the Lessee may at its option at any time during this lease term cease the operation of said boat ramp facilities by serving written notice on the Lessor in which event and thereupon this lease shall automatically terminate and the leasehold interest shall revert automatically to the Lessor without suit or reentry and without any further obligation to the Lessee. 3 + 3. It is understood and agreed that the Lessee shall construct or cause to be constructed on the leased premises a boat launching ramp and appurtenances. Title to all such improvements shall be in the Lessor. 4. It is understood and agreed the Lessor shall at its sole expense maintain the said facility at all times during the lease term in a clean, neat and sanitary condition. In this connection, the Lessor agrees to keep the leased premises free of litter and the grass mowed. Further, the Lessor covenants to keep the facility under surveillance sufficiently to preclude it from becoming a nuisance or hazard to the public or adjacent property owners. 5. It is agreed and understood the operation of the said facility shall be exclusively under the control of and governed by the Lessee. IN WITNESS WHEREOF, this agreement is executed and effective as of the day and year first above written. (Lessor) by: STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this the day of , 1980. Notary Public in and for County, Texas TEXAS PARKS AND WILDLIFE DEPARTMENT by: CHARLES D. TRAVIS, EXECUTIVE DIRECTOR STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this the day of , 1980. Notary Public in and for County, Texas —2- 6/9/E1 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X That the City of Wichita Falls, Texas, hereinafter called Grantor, for and in consideration of the sum of $1. 00 and other consideration to it in, hand paid by Midwestern State University, does hereby grant, sell and convey unto Midwestern State University, an easement for a driveway on that certain tract of land situated in Wichita Falls, Wichita County, Texas, which tract is described in Exhibit A, which is attached hereto and incorporated herein by reference. Said land shall be used for a right-of-way for ingress and egress to and from adjoining Midwestern State University land from and to Miller Road. Such right-of-way may be used by Midwestern State University' s officers, employees , agents, students, licensees and invitees. Midwestern State University shall, at its expense, widen the existing driveway at Miller Road Fire Station to a width of 30 feet, using concrete paving material. Midwestern State University shall construct, at its expense, using concrete paving materials, a driveway across the above described land, from the Fire Station driveway to Midwestern ' s property line. It is understood and agreed that this easement shall not be for a public street. Midwestern State University shall be responsible for the maintenance of all of the improved driveway on such easement, including the presently existing 24 foot wide driveway which connects with the Fire Station parking lot, and Midwestern State University shall be liable for any damages which may arise out of the failure to properly maintain such driveway. Further, by accepting this easement, Midwestern State University agrees to indemnify and hold harmless the City of Wichita Falls from all damages arising out of the failure to properly maintain such driveway. TO HAVE AND TO HOLD said easement unto Midwestern State University and its successors for so long as Midwestern State University uses such easement for access to its property; provided, however, that in the event the City of Wichita Falls ever needs the above described property for another public purpose, the City may cancel and terminate this easement. IN WITNESS WHEREOF, the City of Wichita Falls has caused �this instrument to be executed the - day of 1981 . CITY OF WICHITA FALLS BY. tuart A. Bach, City Manager ATTEST:City Clerk THE STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Stuart A. Bach, City Manager of the City of Wichita Falls, Texas , a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Wichita Falls , Texas, a municipal corporation, and that he executed the same as the act of said City of Wichita Falls , for the purposes and consideration therein expressed, and in the capacity therein stated. VEN UNDER MY HAND AND SEAL OF OFFICE, this the ��ay of 1981. Notary Public in and for Wichita County, Texas My commission expires on the 9�da y 0f ;P-�1 19W. -2- EXHIBIT A FIELD NOTES - June 4, 1981 35 foot Easement off E. side of 6 Acre Tract BEGINNING at a point in the North property line of Miller Road, said point being the Southeast corner of a 6.0 Acre tract recorded in Vol. 1262, Page 540, Wichita County Texas also being the Southwest corner of Block 2, Midwestern Park Unit 2. THENCE, North 56 degrees 53 minutes 07 seconds West 37.1 feet along a chord for a curve that has a radius of 553.09 feet also being the North property line of Miller Road. THENCE, North 13 degrees 47 minutes East 362.0 feet to the South line of Midwestern University Land. THENCE, South 83 degrees 12 minutes 30 seconds East 35.24 feet along the South line of Midwestern University Land. THENCE, South 13 degrees 47 minutes West 378.52 along the West line of Block 2, Midwestern Park Unit 2, to the place of beginning. 6/80 SAMPLE LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF X This agreement made and entered into this day of by and between the Texas Parks and Wildlife Department ("Lessee") and ("Lessor") each acting herein by and through its duly authorized officers. WITNESSETH WHEREAS, Lessor owns a tract of land hereinafter described on which Lessee desires to construct, maintain and operate a boat launching facility; and WHEREAS, Lessor desires to grant a leasehold property interest for the aforesaid purposes and perform certain maintenance and operational duties. NOW THEREFORE, in consideration of the premises and the agreements herein contained, Lessor hereby leases, demises, and lets unto Lessee for the purpose of constructing, maintaining and operating a boat launching ramp and associated support facilities all that certain tract of land situated in County, Texas being more particularly described as follows: (legal description) This lease 'is made subject, however, to the following terms and conditions: 1. The term of this lease shall be from the day and year above written for a period of twenty-five years unless and until terminated as provided herein. 2. It is understood and agreed the Lessee may at its option at any time during this lease term cease the operation of said boat ramp facilities by serving written notice on the Lessor in which event and thereupon this lease shall automatically terminate and the leasehold interest shall revert automatically to the Lessor without suit or reentry and without any further obligation to the Lessee. 6/9/81 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X That the City of Wichita Falls , Texas , hereinafter called Grantor, for and in consideration of the sum of $1. 00 and other consideration to it in. hand paid by Midwestern State University, does hereby grant, sell and convey unto Midwestern State University, an easement for a driveway on that certain tract of land situated in Wichita Falls, Wichita County, Texas , which tract is described in Exhibit A, which is attached hereto and incorporated herein by reference. Said land shall be used for a right-of-way for ingress and egress to and from adjoining Midwestern State University land from and to Miller Road. Such right-of-way may be used by Midwestern State University ' s officers, employees , agents , students, licensees and invitees. Midwestern State University shall , at its expense, widen the existing driveway at Miller Road Fire Station to a width of 30 feet, using concrete paving material. Midwestern State University shall construct, at its expense, using concrete paving materials, a driveway across the above described land, from the Fire Station driveway to Midwestern ' s property line. It is understood and agreed that this easement shall not be for a public street. Midwestern State University shall be responsible for the maintenance of all of the improved driveway on such easement, including the presently existing 24 foot wide driveway which connects with the Fire Station parking lot, and Midwestern State University shall be liable for any damages which may arise out of the failure to properly maintain such driveway. Further, by accepting this easement, Midwestern State University agrees to indemnify and hold harmless the City of Wichita Falls from all damages arising out of the failure to properly maintain such driveway. TO HAVE AND TO HOLD said easement unto Midwestern State University and its successors for so long as Midwestern State University uses such easement for access to its property; provided, however, that in the event the City of Wichita Falls ever needs the above described property for another public purpose , the City may cancel and terminate this easement. IN WITNESS WHEREOF , the City of Wichita Falls has caused this instrument to be executed the 4---7 day of 1981 . CITY OF WICHITA FALLS BY: -fit . tuart A. Bach, City Manager ATTEST: City Clerk THE STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Stuart A. Bach, City Manager of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Wichita Falls , Texas , a municipal corporation, and that he executed the same as the act of said City of Wichita Falls , for the purposes and consideration therein expressed, and in the capacity therein stated.VEN UNDER MY HAND AND SEAL OF OFFICE, this the ��' //day of 1981. Notary Pub is in and for Wichita County, Texas My commission expires on the day of 198'r` . -2- EXHIBIT A FIELD NOTES - June 4, 1981 35 foot -Easement off E. side of 6 Acre Tract BEGINNING at a point in the North property line of Miller Road, said point being the Southeast corner of a 6.0 Acre tract recorded in Vol. 1262, Page 540, Wichita County Texas also being the Southwest corner of Block 2, Midwestern Park Unit 2. THENCE, North 56 degrees 53 minutes 07 seconds West 37.1 feet along a chord for a curve that has a radius of 553.09 feet also being the North property line of Miller Road. THENCE, North 13 degrees 47 minutes East 362.0 feet to the South line of Midwestern University Land. THENCE, South 83 degrees 12 minutes 30 seconds East 35.24 feet along the South line of Midwestern University Land. THENCE, South 13 degrees 47 minutes West 378.52 along the West line of Block 2, Midwestern Park Unit 2, to the place of beginning. -- AGREE`ENT . THE STkTE OF TEXAS COUNTY OF TRAVIS I. This AGREEYEST between the'State of Texas, acting• through its Departments of Highways and Public Transportation (DHPT_) and of Public Safety (DPS), and the City of Wichita Falls, hereinafter cited as the Local agency (LA), acting. through its authorized officers, witnesseth: I II. The DHPT is charged with coordinating and cooperating with other departments of the State and with political subdivisions of the State in a statewide traffic safety program, including expen- diture of traffic safety funds for property to be used in t program activities. The DPS is charged with the administration of a statewide breath testing program involving all law enfor- cement agencies in the state. The LA, as part of its respon- sibility for protecting the safety and welfare of its citizens, is responsible for enforcing laws and ordinances concerning operation of a motor vehicle by a driver whose faculties or abi- r lities are or may be impaired by alcohol. [` To accomplish these purposes, these three entities agree to cooperate in a program in which breath testing devices belonging to the State of Texas and maintained on the inventory of D'dPT will be placed in the possession of the LA for its use in a program coordinated by and conducted in accordance with the h - rules and regulations of DPS, including the Texas Chemical ":t ...^+ ?!L'�, .s( cst_•dF:a .�, -'',3'.� Breath Test Regulations (TCBTR). The LA acknowledges that it has requested the benefits of this program as a part of its local highway safety program and in furtherance of its governmental responsibilities, and therefore consents to participate in this program and accepts possession of these devices. [ III. The parties further agree as follows: ` A. The DHPT agrees to furnish instruments and security cabinets to the DPS for distribut'.on to the LA. It is specifically agreed between the parties that the DHPT is to retain title to the instruments and security cabinets and to retain them on its inventory of accountable assets. DPS is not to be '.... held responsible or accountable for instruments or security cabinets. B. The LA agrees to: 1. .Take possession from DPS of the breath test .instruments .,,...,_ and allied equipment listed on Attachment A, under- M4a�aY.+cam stsndi,ig that r.lese in stru.elts and allied aq:ii»ent are and remain the property of the State of Texas and are accountable on the inventory of DHPf. 2. Deliver to DPS all existing breath test instruments currently in its possession to be used as a trade-in on the purchase of the new instruments. 3. Control, protect, and preserve the newly received instru.nants and allied equipment, exercising with regar.l to such pro;erty such care as would be exercised by a i reasonably careful owner. 4. Maintitn the instruments In -ood condttion and effective it wor':In on- r, with the t3zanicil assistance of DPS as set forth tz C-3, below. - Page 2 of 8 Pages 1 Agenda Item No. 11.e. r k - 5. Replace the instruments and equipment .,2ceived in to f event of loss, theft, accident, or circumstances ot^ar f( than normal weir, so long as the equipnent is necessary for the operation of the local breath testiig.program. 6. Cooperate with DPS in its meeting its responsibilities ' for administration of the breath testing program by: a. maintaining and operating the instruments in accor- dance with the TC3TR and directives from the Office } of the Scientific .Director of DPS; f( b. permitting DPS to monitor local testing programs to insure testing integrity and compliance with breath } testing regulations; + c. permitting DPS, through certified local technical supervisors, to calibrate and perform technical maintenance on, and to certify the instruments in accordance with the TCSTR. 7. Cooperate with DHPT in its maintaining accurate inven- C tort' records concerning the instruments, particularly by i making the instruments available to DHPT (acting through !tj certified technical supervisors) for inventory at rea- sonable times and upon reasonable notice. 8. Send their certified operators to schools certified by the Office of the Scientific Director of DPS for addi- tional training on the new instruments. The funding of the additional training will be the responsibility of the LA. C. The DPS, through the Office of the Scientific Director, agrees to: 1. Deliver to the LA breath test instruments and allied . equipment listed on Attachment A. 2. Receive from the LA all existing breath test instruments that the LA possesses and deliver the old instruments to the new instrument manufacturer as a trade-in as part of the purchase price of the nev instrum_�ts. 3. Provide technical assistance and guidance as necessary through certified technical supervisors to the LA to enable that LA to maintain the instruments in good con- dit ion and effective c,oc'<ing or.iar. T'ti 5 iss istance C shall include, as a minimum: ` a. Providing the LA with a cony of the TCBTR. = 4[L b. Making available to the LA instrument operators and - technical super•Jtsor; the opoortuntty to receive training in tha oOar tLOn and maintenance of the in;tr+sments through schools that are certified by DPS. C. Havin; certified technical supervisors calibrate, perfor-n all technical maintenance on, and certify the instruments in the. LA in accordance with the provisions stated in the TCBTR. 4. Monitor the LA testing prograa to insure testing integrity and compliance with breath testing regula- tioas. Page 3 of 8 Pages f Agenda Item No. ll.e. 2 r - 7 f �- : Gs1}.a•q!� �. +3 ter �Y {:�. 5. Acting on behalf_ of DHPT; p`lysically inventory at '_east once annually the instruments and equipment placed with the LA. The inventory will varif the presance of the user identi°icaCLon number of the instrument, the instrument description, includin 7aanufacturer's ,,a__a1 number, and the instrument location. A certification or the performance of this inventory will be submitted to DHPT, File D-131S. 6. Remove and relocate any instrument not being used or maintained so as to insure an effective breath' testing program. IV. This agreement pertains only to physical possession and ain— tenance of the breath testing equipment shown on Attachment A and not to the agreement between DPS and the LA under which that LA participates in a certified chemical breath test program. } V. No modification to any instrument shall be made without prior written approval from the Office of the Scientific Director of the DPS; modification of any instrument without prior written approval shall be grounds for removal of such instrument pro— vided under this agreement. VI. This agreement shall terminate upon the end of the useful life of the equipment (including replacement equipment provided pur— suant to article III-3-5) or upon termination of the local breath test program, whichever occurs first. - - L Page 4 of 8 Pages Agenda Item No. 11.e. THE CITY OF WICHITA FALLS TEE STATE OF TEX�kS Certified as being executed APPROVED. to carry out the orders, policies, or approved and authorized work programs of �•_ _ _� .= .. -= the DPS: Mayor Director, Department of Public Safety � Y Date: ` Date: t _ Certified as being executed ATTEST: for the purpose and effect of activating and/or carrying out the orders, established ` policies, or work programs heretofore approved and Secretary authorized by the State Highway and Public Transportation Co=ission: t - APPROVED AS TO FORM: tt Assistant Engineer-Director SDHPT Executed and approved for the SDHPT under authority of Minute Order 77446 Title: Date: SGI ' RECO.IL4ENDED FOR EXECUTION: Chief Engineer Safety 6 Maintenance _ Operations Division Director, Finance Division 4 Page 5 of 8 Pages Agenda Item No. 11.e. 1 Z Ln ` II m o 41 0 O 'L7 J Q 41 co 41 I< u) a O OCJ 0 Z LU .c O ¢ Z i r FLU - /� r, 0 Q v� Oo z O W 1J CA U WQ 7 - '� v W ° c 5'z •� N.= j J :J J a J � �:ram. 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