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Min 09/01/1981 107 Wichita Falls, Texas Memorial Auditorium Building September 1 , 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 W. Hampton Curtis W. Smith Aldermen 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 Carol Russell Absent The invocation was given by Jim McCurley, Westside Baptist Church. Item 3 Moved by Alderman Thomas that minutes of the meeting held August 18, 1981 , be approved. Motion seconded by Alderman Shearman, and carried unanimously. Items 4a-9h Moved by Alderman Thomas that the consent agenda be approved. Motion seconded by Alderman Shearman. Item 4a Alderman Thomas inquired if we have already approved the expenditure of funds for Kiwanis and Bellaire Parks? The City Manager stated that we have. Dorcas Chasteen, Parks Department, stated that tennis courts and playground equipment have already been installed in Bellaire Park. ORDINANCE NO. 3815 AN ORDINANCE MAKING AN APPROPRIATION FROM THE HERITAGE CONSERVATION AND RECREATION SERVICE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays: None Item 5a ORDINANCE NO. 3816 ORDINANCE ACCEPTING IMPROVEMENTS OF LOOP 473 (OLD JACKSBORO HIGHWAY) FROM THE NORTH PROPERTY LINE OF THIRTIETH STREET TO THE SOUTH PROPERTY LINE OF CHESTER AVENUE, AND LOT 5, BLOCK C, J. A. KEMP ADDITION IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 3622; DECLARING THE CONTRACT WITH TEXAS STATE HIGHWAY DEPARTMENT, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN 108 Item 5a, cont'd. AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPRO- PRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays: None Item 5b ORDINANCE NO. 3817 ORDINANCE ACCEPTING IMPROVEMENTS OF A PORTION OF THE 1977 RECONSTRUC- TION PHASE I ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 3247; DECLARING THE CONTRACT WITH STUCKEY CONSTRUCTION COMPANY, WICHITA FALLS, TEXAS, FOR THE CON- STRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECT- ING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPRO- PRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays: None Item 5c ORDINANCE NO. 3818 ORDINANCE ACCEPTING IMPROVEMENTS OF THE 1976-1977 RECONSTRUCTION PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDIN- ANCE NO. 3200; DECLARING THE CONTRACT WITH TIMMINS-ANDERSON CORPORATION, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays: None Item 6a RESOLUTION NO. 2835 RESOLUTION CALLING PUBLIC HEARINGS ON THE GENERAL REVENUE SHARING AND OPERATING FUNDS BUDGETS AND APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1981 . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Public hearings are hereby called for September 15 and September 29, 1981 , at 8:30 o'clock A.M. in the Council Room in the Memorial Auditorium Building to con- sider the adoption of the General Revenue Sharing budget and the operating funds budget and the appropriations ordinance for the City of Wichita Falls for the fiscal year beginning October 1 , 1981 . The City Clerk is directed to give public notice of the hour, date and place of such public hearings by placing a notice in at least one newspaper of general circulation in the city not more than 30 days nor less than 10 days before said public hearing. 109 Item 6a, cont'd. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays: None Item 6b RESOLUTION NO. 2836 RESOLUTION APPROVING CONSTRUCTION AND AUTHORIZING IST AND FINAL PAYMENT TO THE CONTRACTOR ON THE 1981 SEAL COAT PROGRAM. WHEREAS, the contractor has completed work on the 1981 Seal Coat Program in accordance with the plans and specifications; and, WHEREAS, the contract for such work was based on unit prices for estimated quantities; on this basis , it was originally estimated that the total cost of the contract would be $123,409.23; and, WHEREAS, the actual quantities used in the project were more than the quan- tities which were originally estimated, therefore, the total amount of the con- tract based on the unit prices applied to the actual quantities is $130,174.18. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such project is hereby accepted by the City of Wichita Falls. The total amount due such contractor on the 1981 Seal Coat Program is $130,174.18, and the City Manager is authorized to make final payment to such contractor based on this amount. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays: None Item 6c RESOLUTION NO. 2837 RESOLUTION APPROVING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR ON 1976-77 STREET RECONSTRUCTION (ASPHALT) PROGRAM. WHEREAS, the contractor has completed work on the 1976-77 Street Reconstruc- tion (asphalt) Program in accordance with the plans and specifications; and, WHEREAS, the contract for such work was based on unit prices for estimated quantities; on this basis, it was originally estimated that the total cost of the contract would be $185,640.00; and, WHEREAS, the actual quantities used in the project was less than the quanti- ties which were originally estimated; therefore, the total amount of the contract based on the Unit prices applied to the actual quantities is $184,526.16. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such project is hereby accepted by the City of Wichita Falls. The total amount due such contractor on the 1976-77 Street Reconstruction (asphalt) Program is $184,526.16, and the City Manager is authorized to make final payment to such con- tractor based on this amount. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas , and Boston Nays: None Item 6d RESOLUTION NO. 2838 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING LEASE AGREEMENT ON THE LANDFILL ACCESS ROAD, AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 110 item 6d, cont'd. That certain interlocal road agreement, a copy of which is attached hereto, between the City and Wichita County, whereby the County leases to the City land for the landfill access road, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. The fact that the present landfill is almost filled creates an emergency, and this is declared to be an emergency measure. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays : None Item 6e RESOLUTION NO. 2839 RESOLUTION APPROVING FINAL PAYMENT FOR THE 1981 HEATER-SCARIFICATION. PROJECT. WHEREAS, the contractor has completed work on the 1981 Heater-Scarification Project in accordance with the plans and specifications; and, WHEREAS, the contract for such work was based on unit prices for estimated quantities; on this basis , it was originally estimated that the total cost of the contract would be $206,225.00; and, WHEREAS, the actual quantities used in the pro.iect was less than the quantities which were oriqinally estimated; therefore, the total amount of the contract based on the unit prices anlied to the actual quantities is $204,049.32. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such project is hereby accepted by the City of Wichita Falls. The total amount due such contractor on the 1981 Heater Scarification Project is $166,034.58, and the City Manager is authorized to make final payment to such contractor based on this amount. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays : None Item 6f RESOLUTION NO. 2840 RESOLUTION APPROVING TAX ADJUSTMENTS #507 THROUGH #514. WHEREAS, the Tax Department has accounts, totaling a net gain of $104.84, that need to be adjusted for the following reasons: unable to locate the owners of per- sonal property, double assessments , calculation errors , property not owned on Janu- ary 1 of a particular year, non-taxable servicemen's personal property, correction of value errors , property not taxable within the jurisdiction, 65 and over homestead exemptions and VA exemptions; and, WHEREAS, the net receivable amounts to be adjusted in 1980 are $49.90 gain, in 1979 are $207.56 gain, in 1977 are $74.26 loss , in 1976 are $41 .76 loss , and in 1975 are $36.60 loss; and, WHEREAS, a copy of each adjustment with an explanation is on file in the Accounting and Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such tax adjustments, #507 through #514, are hereby approved. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas , and Boston Nays: None Item 7a The bid for an annual supply of computer paper and forms was awarded to Moore Business Forms in the amount of $45,516.32. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays : None Item 7b RESOLUTION NO. 2841 RESOLUTION AWARDING, AND AUTHORIZING CITY MANAGER TO SIGN, CONTRACT FOR IRRIGATION SYSTEMS IN BELAIR PARK AND WOOD MEMORIAL PARK TO HOLT LANDSCAPE AND NURSERY. WHEREAS, the City has advertised for bids for the construction of irrigation systems at Belair and Wood Memorial Parks; and, WHEREAS, five bids were received, and the bid of Holt Landscape & Nursery in the amount of $23,607.23 is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Holt Landscape & Nursery in the amount of $23,607.23 is hereby accepted, and the City Manager is authorized to execute a contract with Holt Landscape & Nursery for the construction of such improvements. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays : None Item 8a Authority was granted to advertise for bids for traffic signal equipment to be used at Hatton Road at Jacksboro Highway. Estimated cost is $6,600. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays : Alderman Shearman Item 8b Authority was granted to advertise for bids to furnish and install a Police Building security system. Alderman Shearman stated that it would take less lighting inside to use Newvicon tubes. He recommended that he look into it. He noted that recorders are pretty sophisticated equipment. A pretty specialized person has to work on this equipment. Not only do they have to be a technician, but licensed by the State of Texas. Alderman Hampton noted that the 1040 would not hack it here in Wichita Falls . He mentioned minimum and maximum temperatures. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas , and Boston Nays: None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Council--June 3 and August 5, 1981 b. Plumbing Advisory Board--August 6, 1981 c. Planning Board--August 12, 1981 d. Board of Electrical Examiners--August 13, 1981 e. Parks Board--August 17, 1981 f. Design Review Commission--August 20, 1981 g. Arts Commission--August 18, 1981 Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith , Thomas , and Boston Nays : None 112 Item 10a Robert E. Henderson, an employee of the Planning Department, was honored as Elm.Ployee ofthe Month of September. Mayor Hill presented him with a plaque, and two tickets each to a theatre and dinner. Item 10b Mayor Al Myers, of Olney, made a presentation concerning their water supply needs. He stated that right now their lakes are full , but they are concerned about not letting happen to them what happened before. They have exhausted all of their efforts to get a new water supply. They would like to participate in the Ringgold site in buying their demand. When droughts hit, they hit all of this area. They would like to go ahead and lay a pipeline to Lake Kickapoo as soon as possible. They would come up with some kind of formula for their need. They have two good reservoirs, but not a good water shed. They do feel they have to be foresighted, and work with the Council to put up money and buy their portion of their water needs . They would like to explore this possibility. They are willing to put up money, and lay the pipeline. He feels they have about a five-year water supply left now. Alderman Smith stated that there are methods used for a city to pay a percent- age of cost of construction and impounding that water. There are formulas which can be worked out. Burkburnett and Iowa Park have already expressed an interest in this. He feels it would be advantageous to take them in as partners on this , where they purchase a certain percent or a number of gallons based on their needs. He further stated that they are very close to getting figures on Ringgold, and he feels a delay on this request would be in order. This request will be postponed until we have more information from Ringgold. Item 10c A public hearing was opened on the 1981 Community Development Paving Program. Ernest Lillard stated this is in an area of low to modest property values, and they asked the engineers to give us a cost which would enhance these properties by that amount. City Manager Stuart Bach stated that we have not received final word saying we cannot have assessment paving programs with community development funds . No one desired to be heard. ORDINANCE NO. 3819 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1981 COMMUNITY DEVELOPMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPEC- TIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MUNUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 3819 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas , and Boston Nays: None Item 10d A public hearing was opened on the Weeks Street Assessment Paving Program. Ernest Lillard stated that this paving amount follows the letter of the law on enhancement of property, which is 90 percent of the cost of paving, and 100 percent of the cost of curb and gutter, unless it exceeds enhancement to the property. No one desired to be heard. 113 Item 10d, cont'd. ORDINANCE NO. 3820 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING WEEKS STREET ASSESSMENT PAVING PROGRAM, IN THE CITY OF WICHITA FALLS, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDIT REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Smith that Ordinance No. 3820 be passed. Motion seconded by Alderman Boston, and carried by the followina vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas, and Boston Nays: None Item lla A proposed ordinance was presented waiving Ordinance No. 2491 , as amended, to allow the sale, possession, and consumption of beer at Our Lady of Guadalupe Church during its annual bazaar. ORDINANCE NO. 3821 ORDINANCE WAIVING ORDINANCE NO. 2491 , AS AMENDED, TO ALLOW SALE, POSSESSION, AND CONSUMPTION OF BEER AT OUR LADY OF GUADALUPE CHURCH AT THEIR ANNUAL BAZAAR ON SATURDAY, SEPTEMBER 12, 1981 . Moved by Alderman Thomas that Ordinance No. 3821 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Aldermen Shearman, Hampton, Thomas , and Boston Nays : Mayor Hill and Alderman Smith Item Ilb A proposed ordinance was presented granting authority to Lone Star Tool Company to construct piers in street right-of-way on Mississippi and Elm Streets . ORDINANCE NO. 3822 ORDINANCE GRANTING AUTHORITY TO LONE STAR TOOL COMPANY TO CONSTRUCT PIERS FOR NEW BUILDING INTO MISSISSIPPI AND ELM STREETS RIGHT-OF-WAY. Moved by Alderman Hampton that Ordinance No. 3822 be passed. Motion seconded by Alderman Thomas. Ernest Lillard stated that they will construct the piers ten feet down, and the encroachment would be approximately nine inches at that depth, with no en- croachment into the right-of-way at qround level . The motion was carried by the followinq vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas , and Boston Nays : None 114 Item llc A proposed ordinance was presented granting authority to First Wichita National Bank to construct an aerial walkway and columns in the alley between the new park- ing building and existing bank building. ORDINANCE NO. 3823 ORDINANCE GRANTING AUTHORITY TO FIRST WICHITA NATIONAL BANK TO CONSTRUCT AERIAL WALKWAY, WITH SUPPORTS, OVER AND ON THE ALLEY IN BLOCK 164, ORIGINAL TOWNSITE. Moved by Alderman Hampton that Ordinance No. 3823 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas , and Boston Nays : None Item 12a A proposed resolution was presented authorizing the publication of a Notice of Intention to issue Series 1981 water and sewer revenue bonds. RESOLUTION NO. 2842 RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1981 , IN THE PRINCIPAL AMOUNT OF $1 ,070,000. WHEREAS, the Board of Aldermen of the City of Wichita Falls , Texas, deems it necessary and advisable that the bonds hereinafter described be authorized, issued, sold, and delivered. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the foregoing notice shall be published in a newspaper published in, and having general circulation in, the City of Wichita Falls, Texas , on the same day of each of two consecutive weeks, with the date of the first publication to be at least two weeks prior to the date upon which the Board of Aldermen intends to pass the ordinance described in the following notice. "NOTICE OF INTENTION TO ISSUE CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1981 , IN THE PRINCIPAL AMOUNT OF $1 ,070,000. Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes , that the Board of Aldermen of the City of Wichita Falls, Texas, intends to pass at a regular meeting to be held at 8:30 A.M. , on September 15, 1981 , at the City Hall , an ordinance authorizing the issuance, sale, and delivery of an issue of negotiable coupon bonds to be designated as "City of Wichita Falls Water and Sewer Revenue Bonds, Series 1981 ", in the maximum principal amount of $1 ,070,000, to be payable from and secured by an irrevocable first lien on and pledge of the Net Revenues of the City's Waterworks and Sewer System, all as will be defined and provided in the aforesaid ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid ordinance. Said bonds will be authorized, issued, sold, and delivered pursuant to Articles 1111b, 1112, 1113, and 1114, Vernon' s Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the combined Waterworks and Sewer System of the City of Wichita Falls. "CITY OF WICHITA FALLS, TEXAS" Moved by Alderman Thomas that Resolution No. 2842 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas , and Boston Nays : None 115 Item 12b A proposed resolution was presented authorizing the submission of an applica- tion to the Heritage Conservation and Recreation Service for an Urban Park and Recreation Recovery Grant. The City Manager stated that they had heard that some money was available, so they would give it their best shot. Alderman Shearman asked if a study is re- quired, and if we could do it ourselves? The City Manager stated that we do not have the staff for this. Alderman Shearman stated that he would like to see us do this one time for ourselves. Alderman Thomas was also concerned about this . He stated this will not be $20,000 that will come to us free. Alderman Smith stated that he had mixed emotions about it also, and if it would save any money he would not be in favor of it, but they will just give it to someone else. RESOLUTION NO. 2843 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION AND EXECUTING CONTRACTUAL AGREEMENTS WITH THE DEPARTMENT OF THE INTERIOR, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN PARK AND RECREATION RECOVERY (UPARR) ACT OF 1978, AS AMENDED. WHEREAS, the Secretary of the Interior is authorized to make discretionary grants to local urban governments for the revitalization of their recreation systems; and WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision by it of a local share of project costs; and WHEREAS, it is required by the U. S. Department of the Interior in accord- ance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Park and Recreation Recovery Act of 1978, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Ri'ghts Act of 1964 and the the U.S. Department of the Interior requirements thereunder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is authorized to execute and file an application and execute contractual agreements on behalf of the City of Wichita Falls with the U. S. Department of the Interior, to aid in the financing of the Urban Park and Recreation Recovery (UPARR) Discretionary Grant, Federal Catalog Number 15.919. SECTION 2. The City Manager, Stuart A. Bach, is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of the Interior effectuating the purpose of Title VI of the Civil Ri ghts Act of 1964. SECTION 3. The City Manager is authorized to furnish such additional infor- mation as the U. S. Department of the Interior may require in connection with the application or the project. Moved by Alderman Smith that Resolution No. 2843 be passed. Motion seconded by Alderman Hampton. City Manager Stuart Bach stated that right now we don't have data on which to make decisions about where future parks and improvements should be, and it will help us save money in the long run. Alderman Thomas stated that Bill Hursh should already know this . He does not see why we should go get someone to tell us when we have people who already know this. The City Manager stated that we do not have the kind of overview we need on this. We operate now on a park by park basis. We don 't have the staff time for long range planning. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, and Boston Nays: Aldermen Shearman and Thomas 116 Item 13a Mayor Hill stated that he knew a man who wants to give a duplex away for the rehabilitation housing program if he could get it moved. He asked Roger McKinney to check into it. Ernest Lillard stated that CAC had done this in the past. Wayne Tarkington, President of AARP, expressed appreciation to the Council for giving them a write-off on taxes. Items 13b and c The Board of Aldermen recessed at 9:35 A.M. for an executive session on board appointments. The meeting resumed at 9:55. Moved by Alderman Thomas that the following be reappointed to the Mental Health Mental Retardation Center Public Responsibility Committee for terms to expire August 31 , 1982. Mrs. Gerry Awtry Mrs. Martha Conner Mr. Lynn Hammond Mrs. Betsy Harper Lt. Col . Joseph Koncelik Joseph J. McGraw Mrs. Billie Woodard Motion seconded by Alderman Boston, and carried unanimously. Moved by Alderman Thomas that Lt. Colonel Glenn H. Coleman be appointed to the Aviation Advisory Board for a term to expire December 30, 1981 . (Replacing Lt. Col . Ronald L. Miller) Motion seconded by Alderman Shearman, and carried unanimously. The Board of Aldermen adjourned at 10:00 A.M. PASSED AND APPROVED this day of 1981 . Mayor ATTEST: City Clerk 1�v -Z ,7,D Lb I L Page .2 of 5 Pages AA Agenda Item No. 11-c- aovuvo oNixuvd DKIISIXE -7 �7 Tarilorillis DNINUVCI M3N Page 3 of 5 Pages gen a e 0. C. INTERT OCAL ROAD AGRETMF-�NTI THIS AGR=LENT is made and entered into this 9th day of --:'alv l9____81 by and between the County of �Jichita, a gevernmental subdivision of the State of Texas , hereinafter referred to as Lessor, and the City of Wichita Falls , a munici-oal corporation, hereinafter referred to as Lessee , pursuant to the provisions of the Interlocal Cooperation Act , Article 4413 (32c) of the Tex-as -Revised Civil Statues . ARTICLE 1 . PURPOSES The purposes of this agreement are to provide for the construction of a road to facilitate the use of Lessee ' s Sanitary Landfill by Lessee and the public and provide for the repairs and maintenance of such road. AR'Lr'ICLT,.,' 2 . DEMISE OF LEASED PREMISES Lessor for and in consideration of the rents , covenants , annd promises herein contained to be kept , performed, and observed bv Lessee , does hereby lease and demise to Lessee, and Lessee does hereby rent and accept from Lessor, that real property, referred to as the leased nrerises and more particularly described in Exhibit A., attached hereto and' made a part hereof. TO HAVE AND TO HOLD the said leased premises , together With all rights , privileges , easements , appurtenances , and immunities 'belonging to and in any way appertaining to said leased nremises , including , 'Dut not limited to , any and all easements , rights , title, and privileF-es o4: Lessor now or hereafter existing. ARTICLE 3 . LEASE TERMT Fixed Commencement and Termination Date 3 . 01. This lease shall be for a term of twenty-five (25) years , referred to as the lease term, commencing on the 20th day of Julv 1931, and ending on the 19th day of July 2C 06 , subject, however , to earlier termination as hereinafter -provided. Right to Extend 3 . 02 . Lessee may extend this lease for a further period of five ( 5) years by giving, Lessor written notice of Lessee' s intention to do so at anv time within the last two (2) years prior to the expiration of the lease term, under all the terms and con- ditions of this lease . -D age of pages Agenda item No. Holding Over 3 . 03 . If Lessee shall hold over after the expiration of the lease term, or any extension, such tenancy shall be from month to month on all, the _-erms , covenants , and conditions of t1ais lease . ARTICLE 4. RE'N'.1f Fixed Sum - - Annual Installments Lessee agrees to pay to Lessor as rental for the use and occupancy- of the leased premises under--this lease—the---following sur-r.s :- - $ 25 .00 payable in equal annual installments of $1 . 00 each, _J.n advance, on the __1s_t _ __ day of July of' each year during the term of this lease . ARTICLE 5 . CONSTRUCTION BY LESSEE General Conditions Lessee shall construct a road on the demised premises which road shall conform to the requirements and standards of the Texas Highway CD Department for Farm to Market Roads . ARTICLE 6 . REPAIRS , UPKEED , AND RESTORATION Lessee' s Duty to Repair 6 . 01 . Lessee, at Lessee' s own cost and expense at all times during the term of this lease, agrees to keep and maintain, or cause to be kept and maintained the road and improvements which may be erected on the leased premises in a good state of appearance and repair, reasonable wear and tear excepted. Lessee, at his own expense, shall keep the demised premises free of trash, debris and all other waste materials . Damage or Destruction -- Repair 6 . 02 . In the event the road or any improvements thereafter con- structed on the leased premises is damaged, regardless of the extent of such damage or destruction, Lessee shall within 30 days from the date of such damage or destruction, commence the work of reT)air, recon- struction, or replacement of the damaged or destroyed road or improvement and prosecute the same with reasonable diligence so that the road, to the extent originally constructed by Lessee, shall be restored to substantially the condition it was in prior to the happening of the damage ; grovided, however, that if the commencement , construction, or completion of said repair, reconstruction, or replacement work shall be prevented or delayed by reason of war, civil commotion, acts of God, strikes , governmental restrictions or regulations , or interferences , fire or other casualty, or any other reason beyong the control of Lessee, whether Page of pages Agenda Item No. similar to any of those enumerated or not , the ti-ne for the commencina, or cor-pleting , or both, of til-le construction of said road as the case may be, shall. automatically be extended for the period of each such delay. ,Aeclhanic ' s Lien 6 . 03 . (1) Lessee shall not suffer or iDermit any pechanics ' liens or other liens to be filed against the fee of the 'Leased premises nor against Lcsscc ' s leasehold-int-ores-1 in- tlr�e land -nor-any- or improvements on the leased premises by reason of any worl_'- , labor, ser-, vices , or materials supDlied or claimed to lhave been supnliei to Lessee or to anyone holding tll.e leased premises or any part thereof through or under Lessee . (2) If any such mechanics ' liens or materialmen' s liens shall be recorcled.. against the leased premises , or any improvements thereof , Lessee shall cause the same to be removed or, in t1he alternative, if Lessee in good faith desires -to contast the same, Lessee s1l)-all be nriv- il.edged to do so , but in such case Lessee hereby agrees to indemnify anj hold Lessor harmless from all liability for damages occasioned thlereby and shall- , in the event of a judgment of foreci-os-are on said mechanics ' lien, cause the same to be discharged and removed prior to the execution of such judgment. ARTICLE 7 . INDEMINNIFICATIMI Lessor shall -not be liable for any loss , damage , or injury of any kind or character to any person or property arising from any use of the leased premises , or any part thereof, or caused by any defect in the roads , structure, or other improvement thereon or in any equipment- or other facility therein, or ca-ased by or arising from any act- or omission of Lessee, or of any of his agents , employees , licensees , or invitees , or by or from any acciJent on the land or any fire or other casualty thereon, or occasioned by ths failure of Lessee to maintain the premises in safe condition, or arising from any otlIer cause wlhatso- ever; and Lessee hereby waives on its behalf all claims and demands against Lessor for any such loss , damage , or injury to Lessee, and hereby agrees to indemnify and hold Lessor entirely free and harmless from all liability for any such loss , damage, or injury of other persons , and from all costs and expenses arising therefrom. Pao,e of pages A4enda Item 'No. ARTICLE 8 . DEFAULT AND MEIMEDIES Termination on Default 8 . 01. Should Lessee default in the performance of any covenant, condition, or agreement in this lease, and such default is not corrected - within ten (10) days afterreceipt -of written noti-ce.-fro-m Lessor to Lessee, Lessor may declare this lease, and all rights and interest created by it, to be terminated. Upon Lessor electing to terminate, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof. Lessor, his agent or attorney, may resume possession of the premises and relet the same for the remainder of the term at the best rent Lessor, his agent or attorney, may obtain for the account of Lessee, who shall make good any deficiency. Other Remedies 8 . 02 . Any termination of this lease as herein provided shall not relieve Lessee from the payment of any sum or sums that shall be due and payable to Lessor hereunder, and any claim for damages then or theretofore accruing against Lessee hereunder, and any such termination shall not prevent Lessor from enforcing the payment for by law, or from recovering damages from Lessee for any default thereunder. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. ARTICLE 9 . GENERAL PROTECTIVE PROVISIONS No Waiver 9 . 01. No waiver by Lessor of any default or breach of any covenant condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation hereof . Use Clause 9 . 02 . Lessee agrees to keep the road to be constructed on the leased premises open to the public for the public ' s use. Page of pages Agenda Item No. Use Clause 9 . 03. Until the new road is complete, the Lessee ' s trash disposal vehicles shall use only the Parker Ranch Road as an access route to and from its sanitary landfill Repair Clause 9 . 04. Lessee shall maintain and repair the Parker Ranch Road during the time its trash disposal vehicles use said road as an access route to and f rom its sanitary lanf ill-;--and af ter Les-see-- ceas-esto-use said road as such an access route, Lessee shall repair any then existing, damage which was incurred during the time Lessee used said road as such an access route. Use Clause 9 . 05 . After the new road is COMDlete, Lessee' s trash disposal vehicles shall not use any of Lessor' s roads , other than that portion of Parker Ranch Road which is a part of the new road, which is the subject of this agreement , as an access route to and from its sanitary landfill. ARTICLE 10. TITSCELLA14EOUS Delivery of Rents and ,Zotices 10 . 01. All rents or other sums , notices , demands , or requests from one party to another may be personally delivered or sent by mail, certified or registered, postage prepaid, to the addresses stated in this paragraph, and shall be deemed to have been given at the time of personal delivery or at the time of nailing. All payments , notices , demands , or requests from Lessee to Lessor shall be given to Lessor at Room 202 , County Courthouse, wichita Falls , lexas , or at such other address as Lessor shall request in writin All payments , notices , demands , or requests from Lessor to Lessee shall be given to Lessee at c/o City Manager, P.O. Box 1431, Wichita Falls , Texas 76307 , or at such other address as Lessee shall request in writing. Parties Bound 10. 02 . This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors , where permitted by this agreement. Texas Law to Apply 10. 03. This agreeLient shall be construed under and in accordance with the laws of the State of Texas , and all obligations of the parties Page of pages Agenda Item No. created hereunder are performable in wichita Count�jlr Texas . Legal Construction 10 . 04 . In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal , or unenforceable in any respectr such invalidity, illegality, or unenforceabilitY shall not affect any other provision thereof and this agreement shall be construed as if . suchinvali'd, jileg-al , or— unenforc-eable provision had never been -contained-herein. Prior Agreements Superseded 10 . 05 . This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Amendment 10. 06 . No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. Rights and Remedies cumulative 10. 07 . The rights and remedies provided by this lease agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies . Said rights and remedies are given in addition to any other rights the party may have by law, statute, ordinance, or otherwise. Attorney' s Fees 10 . 08 . In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails , then the defaulting party agrees to pay the other party reasonable attorney ' s fees so incurred by such other party. Time of Essence 10 . 09 . Time is of the essence of this agreement. Definitions 10. 10 . As used herein the following terms shall have the following meanings : (a) "New road" shal,l mean .the road which Lessee has agreed to construct in Article 5 hereof . Page — of pages Agenda Item No.___---— (b) "Trash disposal vehicles" shall mean Lessee' s waste and debris disposal vehicles. s on the date and THIS AGREEMENT has been executed by the partie year first above written. LESSOR: county Of Wichita ATTEST: By:: ��-4 County Judge Vernon Cannon., ounty c erk Tom BacuS! 0-- BY: �'O HELEN STAPLE ON, COUNTY CLERK CHIEF DEPUTY LESSEE: City of Wichita Falls ATTEST: Wilma Thomas, ity Clerk BY:-ff—tuart Bach, i��ity Manager pages Page __. Of Agenda Item No. --------- EXHIBIT "A" All those certain lots , tracts and parcels of land lying and being situated in Wichita Countv, Texas , described as follows : TRACT ONE: - Beginning at the northwest corner of Block 37 , ?-I thence South along the west boundary line of said Block 37 , a distance of 11-69.44 feet to the southwest corner of said Block 37 ; thence east 60 feet ; thence north 1169 . 44 -feet ; thence -west- 60 feet to the- place of beginning and containing 1. 61 acres of land. TRACT TWO: - Commencing at the northwest corner of Block 19 , of the South Side Farms ; thence south 2638. 8 feet to the southwest corner of said Block 19 ; thence east 60 feet ; thence north 2638. 8 feet ; thence west 60 feet to the place of beginning and containing 3. 64 acres of land. TRACT THREE: - Commencing at the northwest corner of Block 18 of the South Side Farms ; thence south along the west boundary line o�7 said Block eighteen 2638. 8 feet to the southwest corner of said Block 18 ; thence east 60 feet ; thence north 2638. 8 feet ; thence west 60 feet to the place of beginning and containing 3. 64 acres of land . TRACT FOUR: - Beginning at the northwest corner of Block 17 of the South Side Farms thence along the west boundary of said Block 17 , 2638. 8 feet to the southwest corner of' said Block 17 ; thence east 60 feet ; thence north 2638. 8 feet ; thence west 60 feet to the place of be- ginning and containing 3 . 64 acres of land. TRACT FIVE: - Commencing at the northwest corner of Block 16 of the South Side Farms ; thence south along the west boundary of said Block 16 , 2638. 8 feet to the southwest corner of said Block 16 ; thence east along the south boundary of said Block 16 , 433. 6 feet ; thence north 60 feet ; thence west 373. 6 feet ; thence north 2578. 8 feet to the north line of said Block 16 ; thence west along said north line to the place of beginning and containing 4. 1- acres of land. TRACT SIX: - Commencing at the northwest corner of Block 2 of the M. Ramsey Survey, Abstract #471 , thence south along the west line of said Block 2 , 2430. 5 feet to the county road; thence east 60 feet ; thence north 2430. 5 feet to the north line of said Block 2 ; thence west 60 feet to the place of beginning and containing 3. 35 acres of land. Page of pages Agenda Item No.