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Min 09/29/1981 Wichita Falls , Texas 133 Memorial Auditorium Building September 29, 1981 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called 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 John W. Hampton f Curtis W. Smith James B. Thomas Aldermen Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Director of Finance Gene Shearman Absent Carol Russell Absent The invocation was given by David 0. Thomas, Bible Missionary Church. Item 3 Moved by Alderman Thomas that minutes of the meetings held September 15 and September 25, 1981, be approved. Motion seconded by Alderman Boston, and carried unanimously. Mayor Hill announced the arrival of his new grandson, Rocky Wayne Covington, on September 28. Items 4a-7a Items 4a, 4d, and 7a were moved to the regular agenda. Moved by Alderman Hampton that the consent agenda be approved, with the exception of the above items. Motion seconded by Alderman Thomas. Item 4b ORDINANCE NO. 3830 AN ORDINANCE MAKING AN APPROPRIATION FROM THE CIVIC/COMMUNITY PROMOTION FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas , and Boston Nays: None Mayor Hill inquired concerning the study he had requested on electric utilities. The City Manager stated that it will soon be ready, following the City Attorney's review. 134 Item 4c ORDINANCE NO. 3831 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER/SEWER BOND FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays : None Item 5a ORDINANCE NO. 3832 ORDINANCE AMENDING CODE OF ORDINANCES SECTION 2-95 AND SECTION 2-96. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 6a RESOLUTION NO. 2854 / RESOLUTION APPROVING OPERATIONAL POLICIES FOR HAMILTON PARK AND WEEKS PARK TENNIS CENTERS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those certain operational policies for Hamilton Park and Weeks Park Tennis Centers, contained in the document dated October 1, 1981 , a copy of which is attached hereto, are hereby approved, and such policies shall be complied with in the operation of such tennis centers. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas , and Boston Nays: None Item 6b RESOLUTION NO. 2855 RESOLUTION ESTABLISHING COURT FEES FOR HAMILTON PARK TENNIS CENTER AND WEEKS PARK TENNIS CENTER, AND REPEALING RESOLUTION NO. 2631. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The following schedule for court fees is hereby established for Hamilton Park Tennis Center and Weeks Park Tennis Center, effective October 1, 1981 : Court Fees, Weekday--$1.75 per person for 1 1/2 hrs. ; Court Fees, Saturday, Sunday and Holidays--$2.00 per person for 1 1/2 hrs. ; Evening Fees (Beginning at 8:00 P.M. March through September, and 6:30 P.M. October through February)--$2.00 per person for 1 1/2 hrs. ; Annual Permit, Adult--$75.00; Annual Permit, Family (Husband, Wife and Children under 19)--$110.00; Annual Permit, Junior (18 and under)--$45.00; League Fees-- $1.00 per person league fee plus a court fee for each day of league play; Tournament Fees--$2.00 per person per tournament (The only tournaments exempted from this fee are the M.S.U. Fall Tournament, Wichita Falls Junior and Senior High School Tournaments and the Southwest Junior and Senior Tournaments). SECTION 2. Resolution No. 2631 is hereby repealed. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 6c 135 RESOLUTION NO. 2856 RESOLUTION APPROVING, AND AUTHORIZING CITY MANAGER TO SIGN, ANNUAL CONTRACTS WITH TENNIS PROFESSIONALS AT HAMILTON AND WEEKS PARK TENNIS CENTERS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, Those two certain contracts, copies of which are attached hereto, between the City and Johnny Simmons, for employment as tennis professional at Hamilton Tennis Center, and between the City and Jon Brotherton, as tennis professional at Weeks Park Tennis Center, each for a period of one year, commencing October 1, 1981, are hereby approved, and the City Manager is autorized to execute such contracts for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Hampton , Smith, Thomas , and Boston Nays : None Item 6d RESOLUTION NO. 2857 WHEREAS, the need for continuance of the day care services was advocated during neighborhood meetings for the 1981-82 CDBG program; and WHEREAS, Child Care, Inc. submitted a proposal to provide day care services in the Martin Luther King Center; and WHEREAS, the Board of Aldermen agreed to provide a maximum of $95,000.00 from FY 1981-82 CDBG Program funds; and WHEREAS, the negotiation of an agreement with Child Care, Inc. will provide for the day care services in the Martin Luther King Center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Stuart Bach, City Manager, is authorized to execute a contract, a copy of which is attached hereto, with Child Care, Inc. for the provision of the day care services in the Martin Luther King Center for an amount not to exceed $95,000.00. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 6e RESOLUTION NO. 2858 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE LEASE AGREEMENTS WITH VARIOUS AGENCIES FOR USE OF SPACE IN THE MARTIN LUTHER KING CENTER. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, The City Manager is authorized to enter into various lease agreements for the use of space in the Martin Luther King Center. Such agreements shall follow the general form of the lease attached hereto and may include such additional terms and agreements as deemed necessary by the City Manager for the safety, welfare, and protection of the City of Wichita Falls and its citizens. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas , and Boston Nays : None 136 Item 4a A proposed ordinance was presented reappropriating available monies within the general fund for use in funding unanticipated increases in electrical utility costs in the Traffic and Transportation Department. Alderman Thomas asked if this is because of rate increases in electricity? The City Manager stated that it is . ORDINANCE NO. 3833 AN ORDINANCE MAKING A REAPPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3833 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton , Smith, Thomas , and Boston Nays: None Item 4d A proposed ordinance was presented appropriating monies from the general fund for use in funding tornado related improvements associated with the Federal Emergency Management Administration Grant. Alderman Thomas asked if these instances are where we failed to do something, and the costs were not allowed? The City Manager stated that the fire station was relocated. The cost of the slab and site relocation had to be borne by the City. On the golf course we had $50,000 insurance on that facility, and they claimed to reconstruct the same building just as it stood would cost about $58,000. FEMA felt that it was repairable, but the City decided to build instead of repairing it. We have lost the battle with FEMA, even with congressional help. We have exhausted our efforts. ORDINANCE NO. 3834 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3834 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas , and Boston Nays: None Item 7a Bids were considered for a copier machine for the Police Department. Alderman Thomas stated that he remembered that the specifications for this photo- copier were very extensive. There is a tremendous difference in the bids. He asked what we would lose if we went with BMI or Hirst? Don Pilcher stated that the speed of copies was the prevailing factor. IBM will make 70 copies per minute; Xerox 45. There is no warm-up time on the IBM copier. There were some other exceptions to the bid. Supplies and maintenance are cheaper with IBM, also. Moved by Alderman Thomas that the bid be awarded to IBM for a two-year lease option in the amount of $1,044.38 per month. Motion seconded by Alderman Hampton, and carried unanimously. 137 Item 8a The public hearing was opened on the 1981-82 budget and work program. City Manager Stuart Bach showed charts of expenditures in various funds. He also stated that the performance productivity pay plan has been revised to include five to twenty percent permanent step increases. The second category is a quarterly award program. We hope to be able to implement the program in the next six months of the year. All other recommendations in the budget are the same. William Horton, 4702 Priscilla, stated that he was not here to address the Council as a labor representative for NAGE, but as a citizen and taxpayer of the City. He stated that because he is a former employee he feels competent to speak to their needs. He is speaking for a pay raise for city employees. He stated that we must try to resolve the lack of communication and mutual confidence between the City Manager and city employees. He stated that he believes that a merit pay system program would result in reduced morale, increased turnover through voluntary termination of employment, and lower productivity. He stated that the City Manager must understand that you cannot reward productivity, or penalize non-productivity, until you can effectively measure productivity. He proposed that instead of Mr. Bach's plan, that current classification grade levels be frozen until proper study and discussion can take place. He recommended a proposal to return pay steps in the Police Department, as well as to improve the salaries of firefighters. He proposed an across the board pay increase to civilian city employees in the amount of $75.00 each bi-weekly pay period. He stated that the manner in which the pay plan process has been handled has turned from a professional procedure into a challenge to all city employees to take it or leave it. Charles Thomas, 4510 Shady Lane, spoke to improvements at the airport, activities center, and lake sites , stating that he did not see much on the Ringgold lake study. He also stated that he sure would have hated to have operated his business for the past few years without merit raises. He feels they are needed to retain long-time employees. Elvin Dudley, 2415 Merrimac, appeared as a realtor, stating that he wonders where we are going to get the money to pay for the services in the budget. If property is appraised every year, the homeowners will be hit each year for more taxes. He feels the leaders should try to find some other way to find money for city operations. He asked the Council to think about people who have to pay it before they raise taxes on real property, and try to find another way. Nathan Brown, of Brown Properties, stated that tenants pay for these increases out of their pockets because the tax rate is built into the rental schedule. They are seeing more and more people forced out of housing because of the costs. If we select the over 65 age group to receive an additional homestead exemption, what are we going to do about the others? What about the disabled? He asked the Council to consider the effect it will have on each individual citizen, and the growth of the City? He stated that a resident per unit pays $300.00 per year in taxes. Alderman Thomas stated that we are not picking on homeowners and renters. Fees for water, sewer, garbage, tennis, etc. are being increased. Alderman Smith stated that tenants are getting a pretty good bargain for $300.00 a year for services such as streets, etc. Mayor Hill pointed out that the number of City employees has not doubled since 1964. He doubts that we have increased more than 50 since that time. Alderman Thomas stated that our ad valorem taxes are scheduled to increase. This will come from new construction and improved values because taxes will not be raised. He also asked about advanced payments from our large industries , and rental at Martin Luther King Center. The City Manager stated that the CETA program has been discontinued. The public hearing was closed. 138 Item 8b The public hearing was opened on the general revenue sharing entitlement program. The City Manager noted that there is $1,316,095 available. He went over the budget presented. Alderman Hampton asked about the impound yard. Mr. Bach stated that it is already included in last year's revenue sharing entitle- ment. The public hearing was closed. Item 9a J ORDINANCE NO. 3835 ORDINANCE AMENDING SECTION 32-57 OF THE CODE OF ORDINANCES, ESTABLISHING RATES FOR SEWER SERVICE. Moved by Alderman Thomas that Ordinance No. 3835 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 9b ORDINANCE NO. 3836 ORDINANCE AMENDING SECTION 32-20 OF THE CODE OF ORDINANCES, ESTABLISHING WATER RATES TO BE COLLECTED BY THE WATER DEPART- MENT OF THE CITY. Moved by Alderman Thomas that Ordinance No. 3836 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 9c ORDINANCE NO. 3837 ORDINANCE AMENDING SECTION 17-3; 17-6; 17-8; 17-14; 17-19; AND 17-62 OF THE CODE OF ORDINANCES TO INCREASE THE CHARGE FOR CARRY OUT SANITATION SERVICE; AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3837 be passed. Motion seconded by Alderman Smith. Alderman Hampton wanted to be sure that we are not eliminating curb-side pick-up without further action of the Council . It was noted that we are not authorizing roll -out services, nor are we eliminating the customer's choice of cans or bags. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton , Smith, Thomas, and Boston Nays: None I tem 9d 139 ORDINANCE NO. 3838 ORDINANCE AMENDING SECTION 28-6. 1 OF THE CODE OF ORDINANCES, TO INCREASE THE RESIDENCE HOMESTEAD EXEMPTION OF PERSONS 65 YEARS OF AGE OR OLDER. Moved by Alderman Smith that Ordinance No. 3838 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Smith, Thomas , and Boston Nays: None Item 9e ORDINANCE NO. 3839 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3839 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None i Item 9f ORDINANCE NO. 3840 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERN- MENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1981-82 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3840 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 9g A proposed ordinance was presented making an appropriation from the General Revenue Sharing Trust Fund to specific projects. m m 140 Item 99, cont'd. ORDINANCE NO. 3841 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL REVENUE SHARING TRUST FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3841 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 10a Discussion was held on a proposed resolution apportioning membership on the Wichita County Appraisal District Board of Directors. The City Manager stated that the property tax code allows taxing entities to determine the size of their tax boards. In this county we have ten taxing entities. The City and School have had four members. We pay 65 percent of the operating budget. We cannot be reduced below 50.1 on the board. The school district has voted in favor of a ten-member board. Other entities have voted for a nine- member board. Under a ten-member board we have only 60 percent; for a nine- member board, 55 percent. The City Manager recommended the ten-member board. It would be consistent with the school district vote. If there is any challenge in taxes in the courts, this would help us later in any court ruling. Mayor Hill noted that the other entities have all lined up together. Electra pays only less than one percent of the cost of this. Alderman Smith noted that there has been a great deal to do lately about equal representation. RESOLUTION NO. 2859 RESOLUTION APPORTIONING MEMBERSHIP ON THE WICHITA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, City of Wichita Falls is a legal entity entitled to vote under Texas law on the membership of the Board of Directors of the Wichita County Appraisal District; and WHEREAS, City of Wichita Falls desires to invoke the three-fourths rule to change the total number of members of the Wichita County Appraisal District Board of Directors to a number in excess of the five-member board provided by the Texas Property Tax Code in order to assure fair and adequate representation of all voting entities on that Board of Directors; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls, Texas, does hereby adopt the following proposals and does hereby authorize that the same be filed with the County Clerk of Wichita County, Texas, before October 1, 1981: 1. That the three-fourths rule of Section 6.031 of the Texas Property Tax Code be, and is hereby invoked in order to increase the number of members of the Board of Directors of the Wichita County Appraisal District. Item 10a, cont'd. 141 2. That the Board of Directors of the Wichita County Appraisal District shall consist of ten members apportioned among the various entities entitled to vote as follows: City of Wichita Falls - 3 members Wichita Falls I.S.D. - 3 members City of Burkburnett and Burkburnett I.S.D. - 1 member shared City of Iowa Park and Iowa Park I.S.D. - 1 member shared City of Electra and Electra I.S.D. - 1 member shared Wichita County and City View I.S.D. - 1 member shared 3. That each entity, or entities in the case of those sharing a member, shall independently appoint its own member or members, as the case may be, to the Board of Directors of the Wichita County Appraisal District, in lieu of the voting provisions of Section 6.03 of the Texas Property Tax Code. 4. That each voting entity, or group of entities, as the case may be, shall certify the name and address of its representative or representatives to serve on the Board of Directors of the District to the County Clerk before November 15, 1981. 5. That this change in the selection of Board members to the District remain in effect until changed in accordance with the Texas Property Tax Code. Moved by Alderman Smith that Resolution No. 2859 be passed, approving the 10-member board. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 10b A proposed resolution was presented authorizing the purchase of comprehensive general liability and comprehensive auto liability insurance Policies. RESOLUTION NO. 2860 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE A COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE AUTO LIABILITY INSURANCE POLICY. WHEREAS, Williams-Dwyer Company has submitted a quotation for a combination comprehensive general liability and comprehensive auto liability Policy with a $10,000,000 liability limit coverage, a $100,000 per occurrence self-insured retention with a $500,000 annual aggregate stop loss at a premium of $80,000 annually. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to purchase for the City such a combination comprehensive general liability and comprehensive auto liability with a $10,000,000 liability limit coverage, a $100,000 per occurrence self- insured retention with a $500,000 annual aggregate stop loss for the annual premium of $80,000. Moved by Alderman Thomas that Resolution No. 2860 be passed. Motion seconded by Alderman Hampton. 142 Item 10b, cont'd. Alderman Thomas commented on this insurance program. He was concerned that we would not be sued on a class action. He asked if this sort of thing is covered under this? Mark Wilson, Risk Management Administrator, stated that it was not. It would be covered under the public official or police professional coverage. The automobile liability deductible will be going up. The greatest percentage of claims is automobiles. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 10c RESOLUTION NO. 2861 RESOLUTION AUTHORIZING AN INCREASE IN THE COMPREHENSIVE GENERAL LIABILITY RESERVE FUND. WHEREAS, the City has heretofore established a $100,000 reserve fund for general liability claims, and it is deemed advisable to increase this reserve fund to $250,000 for general liability and auto liability claims. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The present $100,000 reserve fund shall be increased to $250,000 for general liability and auto liability claims, at the rate of $50,000 per year addition, beginning with fiscal year 1982-83. Moved by Alderman Thomas that Resolution No. 2861 be passed. Motion seconded by Alderman Smith , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, Thomas, and Boston Nays: None Item 10d ✓ RESOLUTION NO. 2862 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, AUTHORIZING CITY MANAGER TO HIRE APPRAISERS, AUTHORIZING ACCEPTANCE OF DONATIONS, AND AUTHORIZING PURCHASE OR CONDEMNATION OF RIGHT-OF-WAY EASEMENTS ON HOLLIDAY CREEK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is hereby found to be necessary to acquire right-of-way easements for the purpose of drainage, creek channelization and brush control on Holliday Creek, on those certain 17 tracts of land in Wichita County, Texas, which are fully described by metes and bounds in that certain document entitled "Field Notes, Proposed Holliday Creek Easements, City of Wichita Falls, Wichita Falls, Texas, August, 1981" prepared by Biggs & Mathews, Inc. , Consulting Engineers, copies of which are on file in the office of the Director of Public Works for the City of Wichita Falls, which descriptions are incorporated herein by reference. 143 Item 10d, cont'd. SECTION 2. The City Manager is hereby authorized to employ qualified independent appraisers to appraise such easements on such tracts of land. SECTION 3. The City Manager is hereby authorized to accept donations of such easements, and to certify the value of same based on such appraisals for the purpose of the landowner's deduction of the gift for tax purposes. SECTION 4. Upon receipt of the appraised values from the independent appraisers, the City Manager is authorized to purchase such easements on any of the above tracts which are not donated by the owners; the price to be paid for such easements are the values as determined by the independent appraisers. SECTION 5. In the event the City Manager is unable to purchase any such easement for the appraised value, he is authorized and directed to cause to be instituted condemnation proceedings to obtain such easements in the name of the City of Wichita Falls. 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 easements for an additional amount, over and above the amount of the appraisal , equal to the estimated cost of condemnation which may be saved by the City by avoiding condemnation. Moved by Alderman Thomas that Resolution No. 2862 be passed. Motion seconded by Alderman Smith. The City Manager stated that we are going to try to get people to donate this land. If they will not donate it, they can bring the values back to the Council for their authorization. Nothing has been heard from the federal level on the Holliday Creek project. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Smith, Thomas , and Boston Nays: None Item lla Alderman Thomas mentioned letters from people on River Lane regarding water and sewer facilities. He asked what the schedule is on it? Joe Smith, Director of Public Utilities, stated that we have no schedule now. There is no dedicated road. It never has been platted. Until it is platted, then we don't have any easements to use. It is about one-fourth mile back to any water main. The City Manager noted that if they would be willing to donate it, then they could look at it next year. It might possibly be founded by Community Development funds, depending on what we hear from HUD. Mr. Bach will write a letter to those people, and tell them what is available to them. The Board of Aldermen adjourned at 10:10 A.M. PASSED AND APPROVED this day of 1981. Mayor ATTEST: City Clerk 5 r µ PARKS AND REVRFA ! ON DEPARTMENT Tenn is p, I i , October 1 , 1981 P URPOSE : To establish standard "pPr ! r1n, Hamilton and Weeks Park Tennis Procedures and policies for RESPONSIBILITY : insure that It shall be the of as well as the contents of the Tennis pros Lo participants . this d -irp" Live are followed by employees , SCOPE : The Tennis Pros shall be regpon. 1ble taining , and supervising for recommending ,whereby a wholesome main- . the citizens of Wichita Falls and well-rounded tennis program tun'ty to Participate can be afforded an equal OPPor- shall in recreational and competitive tennis . Program include , but not limited to , the promotion and conduct of tournaments , supervision establishment and supervision tennis of all play , promotion of an instructional Program , and conduct Of the tennis program , and correlaLijn of of clinics , publicity schools and other tennis-orienLed orAani- tennis activities with local 2 . The Tennis pros Wichita shall be contracted employees of Falls and directly responslAe to the Recreation the City of Both Hamilton and Weeks Park Tennis Centers will Superintendent . is solely responsible for , the operaL ion of have a the Pro who 3 . The Tennis Pro shall conform to all that center. Policies and Procedures of the Parks and Recreation Department and the City of by Wichita Falls therein now in effect or those adopted in the future . and enforce all rules applicable The shall abide program. to the They of the tennis 4 . The City :enter , Shall employ two P"t- time Tennis Supervisors at each Ind who shall be directly responsible to shall assist in the Operation of the facility . hall employ at least the Pro at that location , one additional Each Tennis Pro AMPloyees will person for his center , and all be approved bY both the Pro and .ntendent before they are hired . the Recreation Super- lust be at least 16 Years Of age EmPloyees hired by the Tennis Pros n tennis , knowledgeable of cashiand a junior in high ersonality in dealing or procedures , and school , interested basis in order The Supervisors shall n a rotating with the puhlic . have a good he canters are open . to have One person on duty at all work Supervisors shall erchandise , collecting f... , be responsible times aintenance and taking for selling supervision Fes"vations , and general cleaning 5 . The hours of the facility . aril 01 operation shall be S , O, , ,, to through September ; and 9 : 00 , , , to irch , weather PermiLting . October through 6 . There shall be a cash ch center rBlister ainta provided by the city . m ined in the pro shop at nual Permits , tournament fee. , All receipts from daily court fees , ncessions shall be accounLed for s in the ale Of merchandise , lessons , and register . Page 3 of 6 Pages Agenda Item No . T.a. 7 . Receipts s(ra 11 on Monda trirned into tiro Parks and . Ys and Prid -s of I.ec_r. c�ation `- each we i; Office thour ception . 8 The dail}' court fees Sh.r11 b�� weekdays and $3 00 P , 1 . 75 An evening fee of per person for lr hours on Taeekendsl or 1 t irou on follows : beginning per person f 1'� hours will and lrolida be inning at S : p ys • October through February . 00 P m ' iar^h thro11"11 Se temberlia�n�d(a30 r Annual p . m. , l permit fees shall be $110 . 00 fcr and .$45. 00 for a r'amily , Juniors (1S years and under) . $75 00 for Adults , I 9• The plus 5% The City shall receive all daily from sale of merchandise , racquetcstr�nflns and annual and 5% from all lessons . permits , stringing , and concessions ; i 10. The Tennis Pros center , and onlyshall be permitted to 1 Purpose. iJith he°ur courts total at a give lessons at either permission of time will be utilized employee o£ either the Recreation for this :onjunction with r t ennis center ma Superintendent , an lesson Y give ' 01 assist with , lessons Che City shall receive program set up b the in Jerson taking5% of all lesson fees pro at that the lesson . plus a center . :ourt for Court fees will not court fee from the group lessons . exceed $7 . 00 total per 11 . The Tennis Pros shall be responsible nd such schedules for efore must be approved by the Recreation all leap it the league begins . Each Superintendentues Y $1 . 00 plus a Person entering a court fee For each day the league shall pay the Durtseague shall not use more Hurts pen to regular than 4 at a pimelclpate In the league . o courts Play and Shall be in order to leave limited to six week sessions . 12 . Tournament re only Players sha1:1 y exceptions to the Pay a $2 . 00 court fee for 11 Tournament , the IJ F tournament fees shall each tournament . urnament , and the Senior fii > be the following : MSU SO11thwest Jun:iorh Tournament , IJ. I Junior 1{igh urnaments shall Pay the above and Senior urnaments mentioned Tournaments . All other the b t1ed court fee rate including Y the Tennis Pros . I 13 . All tournaments must be L least three months approved annrlall Parks and Prior to tlic Y and formally requested Recreation . tournament by letter to the Director -ks Office . A1.1- tournaments must be contracted in the 14 . Tennis Pros shall not grant permion fo ups at either center , without securing Permission fr erintendent . r ally sales by outside oar the Recreation 15 . The Tennis ance of the courtul)Prolsho `; shall be responsible ision shall for the daily main- P , and spectator areas . The Parks perform maintenance tasks 3t > ted by the Recreation Superintcndek the tennis Maintenance rr cleaning tasks before centers when re- L such as painting , repairs tournaments . or L 'age 4 0f n - Page 3 16 . The aforementioned ten"i poLici_os ill be reviewed annually by the Paris and Recre rti_on p(,partment staff in order to riaintain the best possible operat. int' st.indirds Page 5 of 6 Pages Agenda Item No . -G a. SERVICE CONTRACT CHILD CARE, INC. THIS AGREEMENT, entered into on this day _ "Contractor" and the City Of Inc. , herein called the Contractor by and between Child Care, A encyit WITNESSETH THAT: Wichita Falls, Texas, herein called the "Planning g WHEREAS, the Planning Agency desires to engage the Contractor to render certain professio nal services hereafter described in connection with an undertaking Agency. which is expected to be financed by the Planning g agree as follows: NOW, THEREFORE, the parties hereto do mutually Agency hereby agrees to engage 1. Employment of Contractor. The Planning A g the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency. services perform all the necessary 2. Area Covered. The Contractor shall p the following area: rovided under this contract in connection with llsd particularly cularly respecting the p of Wichita Fa , the incorporated area of the City shown on the attached map. i needs of Planning Sector 2, perform, and carry out in 3. scope of Services. The Contractor by the dePlanning Agency, the following a satisfactory and proper manner, determined by Provision of day care services in accordance with the Texas State services' provision of meals in accordance with Care Centers and p forty-five (45) Minimum Standards for Day goal of serving U.S.D.A. Child Care Food Program Standards for a g months to six (6) children from low- and moderate-income families from three served must reside in years of age. Seventy-five percent (75%) of the children 104 and 105. Parents of Planning Sector 2, which contains Census Tracts 103, program in order to the child must be working or in an educational or arfeeaofi2g of their gross monthly qualify for services. Clients will be charged of z% will be assessed income per week for the first child. An additional charge nt for any numb umber of children in the same family thereafter. � 1e Child Care, Inc. statement validating their income with the obligation of notifyingchange of income of any position or income chang e. Every six (6) months or up ent Child Care, Inc. will validate the client's incomsta Iri case of through or position, employer. contacting the client and receiving a pay stub from the g o through a special fee assessment a client may extreme financial hardships, Inc, The special fee assessment process approved by the Board of Child Care, regular will be valid for no more than three (3) months and then return to the fee schedule, unl ess extended by the Board for not more than another three (3 months. Page 3 of 9 Pages Agenda Item No. -4- other party of their intention to terminate this agreement; otherwise, this agreement shall continue in full force and effect until the expiration of the term set out. above. If work is 10. Termination of Contract for Cause by the Contractor. stopped for a period of thirty (30) days by the Planning Agency, or as a result t such as a declaration of a national emergency, through of an act of government, r may, upon seven (7) no act or fault of the Contractor; then the Contracto additional days' written notice to the Planning Agency, terminate the contract and recover from the Planning Agency payment for all work executed. may, from time to time, require 11. Changes. The Planning Agency changes in the scope of services of the Contractor to be performed hereunder. 1 Such changes including any increase or decrease in the amount of the contractor' s compensation, deviations in project schedule, and/or work scope which are mutually agreed upon by and between the Planning Agency and the Contractor shall be incorporated in written amendments to this contract. 12. r_qual Employment Opportunity. (a) The Contractor will not discriminate against any employee or appli- can t for employment because of age, race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are m to ed and that employees are treated during employment, without regard to their e p Y race, color, religion, sex or national origin. Such actions shall include, age, ment,em upgrading, demotions, or to but not be limited to the following: P Y nt or recruitment advertising; layoffs or terminations, transfers, recruitme rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor will in all solicitations or Page 6 of 9 Pages Agenda Item No. -2- In order to monitor the effectiveness of the contract, attainment of the following management objectives wil_1. be reported by the loth day of the following month to the Planning Agency: (a) an average of 45 children served each month primarily in Target Sector 2 (i.e. , list including number of children served by address) . (b) identify developmental and health problems of the children served and refer them to proper assisting agency as needed; (c) supply nutritional meals and snacks to children in accordance with U.S.D.A. standards. 4. Personnel• cure all (a) The Contractor represents that he has, or will, se personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. (b) All of the services, required hereunder will be performed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and Local laws to perform such services. (c) None of the work or services covered by this contract shall be subcontracted without the prior written approval of the Planning Agency. nce. The services of the Contractor are to commence 5. Time of Performa October 1, 1981. All of the services required hereunder shall be completed by September 30, 1982. 6. Compensation. The Planning Agency agrees to pay the Contractor a sum not to exceed $95,000 for the services provided herein. Page 4 of 9 Pages Agenda Item No. -3- Contractor will continue to search for additional funding from tion The C from other agencies in order to support child care services. gi-monthly documentation ported to the Planning Agency" as to the status of the search will be iet Payment. The first payment will be made in advance equal 7. Method of Paym — ' st month' s normal operating expenditure not covered by to an estimate of the fir will be equal to the client fees. Each month' s payment, after the first month, cli client tin. expenditures of the previous month not covered. by actual normal operating expenditures to the fees. The Contractor will submit documentation of monthly Planning Agency. Termination of Contract for Cause. If, through any cause except g, or shall fail to fulfill in timely for fault of Planning Agency, the Contract er manner his obligations under this contract, or if the Contractor and pro P of the covenants, agreements, or stipulations of this contract, sh�a.11 violate an y Agency shall thereupon have the right to terminate this contract the Plannin g g specifying giving written notice to the Contractor of such termination and date by g g effective date thereof, at least five (5) days before the effective the just and such termination. The Contractor shall be entitled to receive °f prior to such equitable compensation for any satisfactory work completed p termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virt ue of any breach of the contract by the Contractor, and the Planning withhold any payments to the Contractor for the purposes of setof Agency may A enc from until such time as the exact amount of damages due the Planning g Y the Contractor is determined. 9. Termination for Convenience of Plannin Agency or Contractor. If agreement should desire to terminate it prior to the date o either party to this to the expiration, they may do so by giving sixty (60) days notice in writing Page 5 of 9 Pages A4,enda Item No. _ -5- advertisements for employees placed by or on behalf_ of the Contractor, state ualified a plicants will receive consideration for employment without that all q p regar d to age, race, color, religion, sex or national origin. The Contractor will isions to be inserted in all subcontracts for any work cause the foregoing prov u on such covered by this contract so that such provisions will be binding p su bcontractors provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants and employees as the Planning Agency may require. (c) The Contractor agrees to comply with such rules, regulations, or d Urban Development (HUD) may issue guidelines as the Department of Housing an to implement this project. 13. Interest of Members of Plannin A enc and Others. No officer, member, or employee of the Planning Agency and no members of its governing body of the locality or localities in which the Project is situated or being carried royal out who exercises any functions or responsibilities in the review or app of the undertaking or carrying out of this Project, shall participate in any decisions relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, direct or indirect, in this contract or the proceeds thereof. 14. Assignability. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation) , without the prior written consent of the Planning A ency thereto: Provided, however, that claims for money due or to become due g to the Contractor from the Planning Agency under this contract may be assigned p to a bank, trust company, or other financial institution without such approval, Page 7 of 9 Pages Agenda Item No. -6- notice of any such assignment, or transfer shall be furnished promptly to the Planning Agency. 15. tor. The Contractor covenants that he Interest- of Contrac terest, direct or indirect, presently has no interest and shall not acquire any in which would conflict in any manner or degree with the performance of services required to be performed in this contract. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 16. Audits and Inspections. At any time during normal business hours Y enc A or HUD may deem necessary, there shall be made as often as the Planning g available to the Planning Agency or HUD for examination all of its records with respect to all matters covered by this contract and will permit the Planning or HUD to audit, examine and make excerpts or transcripts from such records Agenc y and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered b this contract. It is understood that the Contractor' s accounting system is Y nt Regulation and Cost based upon the requirements of the Federal Procureme Accounting Standards. IN WITNESS WHEREOF, the Planning Agency and the Contractor have executed this agreement as of the date first above written. Ellen Dean, President - Board of Stuart A. Bach, City Manager Directors ATTEST: ATTEST: Page 8 of 9 Pages Agenda Item No.......___ ___— SECTOR 2 if •is .L �1L , .'/ 0/ \ l ,3 .p _. (� �}\ \j, L `. l =.1/.,( �� �j'` �` .%./'��'i\` .� I �:a i, 1Ll , �� it �••\�.�';i �, vim\ p r (� ka = j ( Y it f. v l 0 500 2000 3000 1000 SCALE: 1"z 3000' if Page 9 of 9 Pages Agenda Item No. �eZ�C�o Gl' �t�✓c,�e�-C� STATE O' TEXAS NOW ALL _'1E% BY COUNTY OF WICHITA This agreement ::jade and entered into this the lst October 1981 , by and between tale City of Wichita Falls , o%as , a municipal corporation, hereinafter called "City" , acting herein bv and through its City `Tanager , and Jon Brotherton hereinafter called "Tennis Pro" , WITNESSETH : For and in consideration of the mutual covenants hereinafter con- tained , the parties hereto do hereby agree as follows : I. City does hereby employ Jon Brotherton as a tennis professional at the Weeks Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop located at the Weeks Tennis Center , for a period of one year , commencing October 1 , 1981 , and thereafter on a month-to-month basis . II. Tennis Pro shall be considered a contract employee of City and his salary shall be $685. 00 per month. It is expressly agreed and under- stood by Tennis Pro and City the Tennis Pro is an independent contractor and shall not be eligible for any fringe benefits to which regular City employees are entitled. III . Tennis Pro shall be in charge of and responsible for the operation of Weeks Tennis Center. He shall perform all duties and responsibilities as are required of him by the laws of the State of Texas , the ordinances- of City , the current Tennis Policies of the Parks and Recreation Department of City, and the directions of the Recreation Super- intendent of the Parks and Recreation Department of City. A copy of the current Tennis Policies of the Parks and Recreation Department is attached hereto and made a part hereof as is copied in full herein. IV. Tennis Pro shall collect for City all daily court fees , annual permit fees , and tournament fees for play at the Weeks Tennis Center. All daily court fees , annual permit fees , and tournament fees shall be kept in a cash register provided therefor . Tennis Pro shall keep an accurate account of all ,daily court fees , annual permit fees , and herein leased :Ind remove all persons therefrom wit',-out eiaq ia'- r any claim for damages by reason of such cancellation and esud= tien of possession. In the event said contract is so cancelled during the term hereof , City shall guarantee the sale of , or at its option may purchase from Tennis Pro , any usable equipment and merchandise that he might have and use in his operation under this contract (except for tennis equipment) which he shows has been fully paid for by him at the cost price of same , less depreciation. XI . Tennis Pro shall hold City harmless for any damages or injury to persons or property caused by or arising out of Tennis Pro ' s operation of the Weeks Tennis Center . Tennis Pro further agrees to provide City with a certificate of insurance attesting to the ownership of a general liability insurance policy , with City named as an additional insured , protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro' s operation of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100 , 000. 00) dollars per person and three hundred thousand ($300 , 000. 00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50, 000. 00) dollars per occurrence. Fire and theft coverage for property belonging to Tennis Pro shall be the sole responsibility of Tennis Pro . XII . Tennis Pro shall provide adult supervision at Weeks Tennis Center during all open hours . XIII. This contract and agreement , when signed and effective, cancels , abrogates , and renders a nullity all previous contracts and agreements between the parties heretofore entered into concerning the employment of contractor. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first written above. ATTEST : CITY OF WICHITA FALLS , TEXAS BY : City Clerk Stuart A. Bach, City Manager Approved as to form: City Attorney Tennis Pro STATE Of TEXAS '1::10', ALL `IEN BY THESE PRES ENT S COUNTY OF WICHITA This agreement lade and en tired into this the lst lay of October 1981 , by and between the Cite of Llichita Falls , Texas , a municipal corporation, hereinafter called "City" , acting herein by and through its City 'tanager , and Johnny Simmons hereinafter called "Tennis Pro", WITNESSETH : For and in consideration of the mutual covenants hereinafter con- tained , the parties hereto do hereby agree as follows : I. City does hereby employ Johnny Simmons as a tennis professional at the Hamilton Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop located at the Hamilton Tennis Center , for a period of one year , commencing October 1 , 1981 , and thereafter on a month-to-month basis . II. Tennis Pro shall be considered a contract employee of City and his salary shall be $685 . 00 per month. It is expressly agreed and under- stood by Tennis Pro and City the Tennis Pro is an independent contractor and shall not be eligible for any fringe benefits to which regular City employees are entitled. III . Tennis Pro shall be in charge of and responsible for the operation of Hamilton Tennis Center. He shall perform all duties and responsibilities as are required of him by the laws of the State of Texas , the ordinances of City , the current Tennis Policies of the Parks and Recreation Department of City, and the directions of the Recreation Super- intendent of the Parks and Recreation Department of City. A copy of the current Tennis Policies of the Parks and Recreation Department is attached hereto and made a part hereof as is copied in full herein. IV. Tennis Pro shall collect for City all daily court fees , annual permit fees , and tournament fees for play at the Hamilton Tennis Center. All daily court fees , annual permit fees , and tournament fees shall be kept in a cash register provided therefor. Tennis Pro shall keep an accurate account of all daily court fees , annual permit fees , and herein leased and re cove all persons t?;erefro� it::outeinc 0r any claim for damages by reason of such cancellation and resu possession. In the event said contract is so cancelled during the term hereof , City shall guarantee the sale of , or at its option may purchase from Tennis Pro , any usable equipment and merchandise that he might have and use in his operation under this contract (except for tennis equipment) which he shows has been fully paid for by him at the cost price of same , less depreciation. XI . Tennis Pro shall hold City harmless for any damages or injury to persons or property caused by or arising out of Tennis Pro ' s operation of the Hamilton Tennis Center . Tennis Pro further agrees to provide City with a certificate of insurance attesting to the ownership of a general liability insurance policy , with City named as an additional insured , protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro' s operation of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100 , 000. 00) dollars per person and three hundred thousand ($300 , 000. 00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50, 000. 00) dollars per occurrence. Fire and theft coverage for property belonging to Tennis Pro shall be the sole responsibility of Tennis Pro . XII . Tennis Pro shall provide adult supervision at Hamilton Tennis Center during all open hours . XIII. This contract and agreement , when signed and effective, cancels , abrogates , and renders a nullity all previous contracts and agreements between the parties heretofore entered into concerning the employment of contractor. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first written above. ATTEST : CITY OF WICHITA FALLS , TEXAS BY : City Clerk Stuart A. Bach, City Manager Approved as to form: City Attorney Tennis Pro PARKS AND RECREATION DEPARTMENT October 1 , 1981 Tennis Policies PURPOSE : To establish standard operating procedures and policies for Hamilton and Weeks Park Tennis Centers . RESPONSIBILITY : It shall be the responsibility of the Tennis Pros to insure that the contents of this directive are followed by employees , as well as participants . SCOPE : 1. The Tennis Pros shall be responsible for recommending , main- taining, affrded an and supervising a wholesome and well-rounded tennis program whereby the citizens of Wichita Falls and competitive tennis . can e Program tunity to participate inrecreationalthe promotion and conduct of tennis shall include , but not limited to , ram, tournaments , establishment and supervision of an instructional prog and conduct supervision of all play , promotion of clinics , publicity of the tennis program, and correlation of tennis activities with local schools and other tennis-oriented organizations . yees of the City Of 2. The Tennis Pros shall batoeahemReireation Superintendent . Wichita Falls and directly responsible Both Hamilton and Weeks Pak Tennis eters of twillhatcavera Tennis Pro who is solely responsible foroperation 3 . The Tennis Pro shall conform to all policies and procedures of the Parks and Recreation Department and the City of Wichita Falls therein now in effect or those adopted in the futuon• ofTthe shalltenni abide by and enforce all rules applicable to the ope program. 4 . The City shall employ two part-time Tennis Supervisors at each center , who shall be directly responsible to the Pro at that location, nis Pro and shall assist in the operation of the facility . Each Ten and all shall employ at least one additional person for his center , the Pro and the Recreation Super- employees will be approved by both hied by the Tennis Pros intendent before they are hired. Employees r must be at least 16 years of age and a junior in high school , interested in tennis , knowledgeable of cashier procedures , and have a good personality in dealing with the public . The Supervisors shall work basis in order to have one person on duty for all times on a rotating responsible for selling the centers are open. Supervisors shall be resp general cleaning merchandise, collecting fees , taking reservations , and maintenance and supervision of the facility . tion shall be 8 : 00 a .m.m. , October. 5 . The hours of opera through April through September ; and 9 : 00 a.m. to 9 : 00 p• March, weather permitting. d in the at 6 . There shall be a cash egister meceiptsefrom daily rocourt pfees , each center provided by tain he y lessons , and annual permits , tournament fees , sale of mercister se , concessions shall be accounted for in the register . Page 2 7 . Receipts shall be turned into the Parks and Recreation Office on Mondays and Fridays of each week without exception. 8. The daily court fees shall be $1. 75 per person for 12 hours on weekdays and $2. 00 per person for 112 hours on weekends and holidays . An evening fee of $2 . 00 per person for 12 hours will be charged as follows : beginning at 8 : 00 p.m. , March through September ; and 6 : 30 p .m. , October through February. Annual permit fees shall be $110. 00 for a Family , $75 . 00 for Adults , and $45. 00 for Juniors (18 years and under) . 9. The City shall receive all daily court fees and annual permits , plus 5% from sale of merchandise, racquet stringing , and concessions ; and 5% from all lessons . 10. The Tennis Pros shall be permitted to give lessons at either center , and only four courts total at a time will be utilized for this purpose. With the permission of the Recreation Superintendent, an employee of either tennis center may give, or assist with, lessons in conjunction with the lesson program set up by the pro at that center. The City shall receive 5% of all lesson fees plus a court fee from the person taking the lesson. Court fees will not exceed $7 . 00 total per court for group lessons . 11. The Tennis Pros shall be responsible for scheduling all leagues and such schedules must be approved by the Recreation Superintendent before the league begins . Each person entering a League shall pay the City $1. 00 plus a court fee for each day they participate in the league. Leagues shall not use more than 4 courts at a time in order to leave courts open to regular play and shall be limited to six week sessions . 12. Tournament players shall pay a $2. 00 court fee for each tournament . The only exceptions tothe tournament fees shall be the following : MSU Fall Tournament , the W. F. Senior High Tournament, W. F. Junior High Tournament , and the Southwest Junior and Senior Tournaments . All other tournaments shall pay the above mentioned court fee rate including tournaments sponsored by the Tennis Pros . 13 . All tournaments must be approved annually and formally requested at least three months prior to the tournament by letter to the Director of Parks and Recreation. All tournaments must be contracted in the Parks Office. 14 . Tennis Pros shall not grant permission for any sales by outside groups at either center , without securing permission from the Recreation Superintendent . 15 . The Tennis Supervisors shall be responsible for the daily main- tenance of the court , pro shop , and spectator areas. The Parks Maintenance Division shall perform maintenance tasks at the tennis centers when re- quested by the Recreation Superintendent , such as painting , repairs , or major cleaning tasks before tournaments . Page 3 16. The aforementioned tennis policies will be reviewed annually by the Parks and Recreation Department staff in order to maintain the best possible operating standards . �L%RTI`; LL THER ti-C, BUT"DING LEASE THE STATE OF TEXAS X COUNTY OF WICHITA Y This lease, made this day of 19 between the City of Wichita Falls, Texas, a municipal corporation, as Lessor and , as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee square feet of floor space in the building known as the Martin Luther King Multi- Purpose (MLK) Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be utilized for to have and to hold the same for the term of months beginning the day of , 19 Lessee yielding and paying in g to Lessor rent at the rate of for the full term to be paid in equal monthly installments of on the day of each month, the first of such payments to be made on the day of , 19 , and at the same rate for any part of a month unexpired at the legal determination of this lease. Should Lessee desire to renew this lease on an annual basis beginning October 1, 19 , all terms of this lease shall automatically renew, except that the total rental fee provided for herein shall increase fifteen (15) per cent per year for each year that Lessee exercises their option to renew, such option to be made at least sixty (60) days prior to the expiration of the term. Should it be determined that a fifteen (15) per cent increase would cause this rent to be inconsistent with fair market rental of similar premises in Lessor's City, a fair rate will be negotiated. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent at the times and in the manner aforesaid. 2. Lessee agrees he will keep all and singular the said premises in such repair as the same are in at the commencement of the term, or may be put in by Lessor during the continuance thereof, reasonable use and wearing thereof and damage by accidental fire or inevitable accidents only excepted. -1- 3. Lessee .agrees he will not 7:ako or .-uffer and: additions or alterations in or to the premises without the written consent of Lessor. 4. Lessee agrees he will not maize or suffer any waste of the promises -ind will not suffer rant/ holes to be drilled or made in the stone or brickwork, or any placard to be placed on any of the walls, or any signs to be on the premises, except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful, improper, or offensive use of the premises, or any use thereof other than as herein specified. S. Lessee agrees to conform to such reasonable regulations as may be established from time to time by Lessor for the general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting apparatus which may be used on the premises shall be of such kind as Lessor shall approve. 7. Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the protection thereof. 8. Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections or additions upon or to the same, in such repair as aforesaid, and vacant and unencumbered, and in good and tenantable order and condition. 9. Lessor hereby agrees to pay for the electricity, water and gas bills of the center, and to maintain such systems as may be reasonably necessary, but, however, in no event shall Lessor be liable for the failure to furnish said services. 10. In case the building or any part thereof shall at any time during said term be damaged by fire, flood, tornado or other casualty so as to be unfit for use and occupation, as determined by the MLK Center Coordinator, the rent is hereby reserved or a just and proportionate part thereof, according to the nature and extent of the damage sustained, shall be abated until the premises shall have been restored by Lessor, or the lease may be terminated at the election of Lessor. Lessor shall not be liable to or responsible for providing any additional space for Lessee to occupy during such time the leased premises is damaged. 11. Lessee shall have the right to remove only those items which are not attached or bolted to the building or any part thereof, and any items that have not -2- been purchased nv Communit°. Development Block Crant Funds of the City' of Wichita Falls. 12. In no event shall Lessor, its agents, :servants or employes, h iiUbl: for any damages, breach of contract, or any action in the nature of a tresspass of and• kind or character, for terminating this lease under the provisions herein. 13. The Martin Luther King Center building will be closed to observe six (6) holidays each year. The days which have been designated holidays are: 1. New Year's Day. . . . . . . . . . . . . . . .January 1 2. Memorial Day. . . . . . . . . . . . . . . . . .Last Monday in May 3. Independence Day. . . . . . . . . . . . . .July 4 4. Labor Day. . . . . . . . . . . . . . . . . . . . .First Monday in September 5. Thanksgiving Day. . . . . . . . . . . . . .Last Thursday in November 6. Christmas Day. . . . . . . . . . . . . . . . .December 25 14. Payments by Lessee shall be payable to the City of Wichita Falls, Texas, and delivered to the Accounting and Finance Department, Memorial Auditorium, Room 202, P. 0. Bost 1431, Wichita Falls, Texas 76307. 15. The opinion of the majority of the Board of Aldermen of the City of Wichita Falls, Texas as to the necessity of cancellation of this lease or any renewal thereof or refusal to renew shall be conclusive upon the parties hereto. 16. Lessee also accepts the additional covenants with Lessor as found in Exhibit "A" attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. CITY OF WICHITA FALLS, TEXAS BY: ATTEST: City Clerk BY: ATTEST: Y -3-