Loading...
Min 10/20/1981 151 Wichita Falls, Texas Memorial Auditorium Building October 20, 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, Jr. Carol G. Russell Aldermen Curtis W. Smith James B. Thomas Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by Charles King, Sacred Heart Catholic Church. Item 3 Moved by Alderman Thomas that minutes of the meeting held October 6, 1981, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a-6b Item 6b was moved to the regular agenda. Moved by Alderman Hampton that the remaining items on the consent agenda be approved. Motion seconded by Alderman Boston. Item 4a RESOLUTION NO. 2868 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACTS BETWEEN CITY OF WICHITA FALLS AND FRED RAY MOUNT, CITY OF BURKBURNETT, CITY OF IOWA PARK, AND COUNTY OF WICHITA FOR DEAD ANIMAL PICK UP AND DISPOSAL. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Fred Ray Mount, whereby Mount will collect and dispose of dead animals in Wichita County, and those certain three contracts, copies of which are attached hereto, between the City of Wichita Falls and the City of Burkburnett, the City of Iowa Park, and the County of Wichita, whereby Burkburnett, Iowa Park and Wichita County each agree to pay a part of the cost of this service, are all approved, and the City Manager is authorized to execute such contracts for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith , Thomas, and Boston Nays: None 0 i� i 152 Item 5a Minutes of the meeting of the Traffic Commission held September 15, 1981, were received. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 6a Authority was granted to advertise for bids for construction of a concession stand/restroom at Kiwanis Park. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 6b ✓ Permission was requested to advertise for bids for mini-park and parking lot lighting. Alderman Shearman asked where this park is located, and if it is public or private. The City Manager stated that it is between 9th and loth on Ohio; and it is public. It is located across the street from the old police station. Alderman Shearman also asked when the bus stop shelters will be installed? Jack Griffin, Acting Director of Traffic and Transportation, stated that he thought it would be in a few days, when they could get a crew together. Moved by Alderman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Boston Nays : Alderman Shearman Item 7a A public hearing was opened on the designation of a blighted area under the Texas Industrial Commission rules for issuance of industrial revenue bonds. Burl Kirkland, of the Trade Winds Motor Hotel , stated that he is strongly opposed to being classified as a blighted area. He stated that he has a feeling that the primary reason for this is the Kiva Inn. He is not afraid of competition, but we should not do something to lower its interest rate. He feels the Council should consider how the owners of all motels feel in this regard. He is opposed to banks, motels, etc. being designated as blighted. Denny Bishop appeared as one of the owners of the Wayfarer Motel . He asked the Council to consider the Kiva Inn proposal in their light. They are not afraid of competition, but they feel that unfair competition is not the way our city government should go. With the designation of the blighted area, they will be placed in an unfavorable light. He feels they are all being placed at a dis- advantage, and ask that they consider all of them. Alderman Shearman asked if he feels this will hurt the Activities Center in Wichita Falls? Mr. Bishop stated that he did not know, but there is the potential for it to hurt it, rather than aid it. City Manager Stuart Bach stated that the Activities Center is not being operated on a break-even basis at this time; however, he did not know exactly how much it is losing. 153 Item 7a, cont'd. Charles Harper, 2501 Amherst, spoke in favor of the designation of the blighted area. He is President of Midtown NOW, and he recognized the Board members who were present. He stated that blighted is defined as an impaired condition. Designation of a blighted area is a requirement of the Texas Industrial Bond Committee for these funds to be used for construction. He stated that $41,000,000 will be spent in the Midtown area under this program, which includes several business ventures besides Kiva Inn. He stated that everyone they have talked to, with an overall view, is in favor of it. He feels it will be an adjunct to the Activities Center. David Wolverton appeared as President of First Wichita National Bank, and President of the BCI . As a downtown property owner he recognizes that some refurbishing needs to be done downtown. He stated that there is no such thing as equality in business. These interest rates indicate that. He stated that he is glad that some of these businesses are going to be located around his bank. If they can make it work by declaring the downtown a blighted area, he is glad to have them. If these bonds are not supported by tax revenue, he does not feel they should have a tax designation, but they are here, and we have to make the best of them. He feels the question here is what is the practical thing to do? As for the Kiva itself, think how long it has been since a motel was built here. The record of the Kiva Inn has been a matter of complementary relationship. The whole issue of the blighted area should be based on a practical matter. Robert Seabury stated that he is proud of what is happening downtown. This action of declaring a blighted area creates an imbalance. They cannot compete with that kind of financing in the urban area. Kiva Inn could be built with financing today. They are looking for a handout. He noted that Fairway and Southwest Parkway is a blighted area. So is Jacksboro Highway at Midwestern Parkway--not 8th and Scott. He feels they are opening a Pandora's Box, and people will be asking for their area to be declared a blighted area. He would love to have the Kiva Inn, but he feels they should compete with the rest of us. The City Manager explained the process of approval of projects for a blighted area. Alderman Thomas stated that this is not a guarantee that these people can make a lot of money. They have to take their deals to a financial institution for the financing. Mr. Seabury stated that the downtown will have an enormous advantage. He cannot get those kinds of rates in the suburban area. J. C. Boyd, Jr. , Executive Director of Midtown NOW, stated that in the past four weeks he has been to Portland, Oregon, and to San Bernadino, California, as a Rudat team member. He stated that he found out how conservative and backward our city has been in taking advantage of these programs. San Bernadino has approved $500,000 of these bonds. It is amazing what some of these cities have done to preserve the downtowns. He feels we- are fortunate to have this program coming in now. Kiva Inn in Abilene spends as much or more money as the City does in getting conventions. They are very progressive. He stated that he hopes they will approve this program. Calvin Jones, 1811 7th Street, stated that he believes the people can come to an agreement on this. He feels the area is much too sweeping, and also too narrow, because it only takes into consideration the downtown area, and not unblighted area. Some of the included area is not blighted. If we include the blighted areas that are not presently included, they will have as much blighted area as they started out with. Alderman Hampton stated that downtown Midland is a blighted area to help facilitate the construction of a high-rise parking garage. Midland is very progressive. Mayor Hill asked if this will affect our bond rating? The City Manager stated that Moody's Investment Service has assured him that it would not. The public hearing was closed. e I 154 Item 7b A public hearing was opened on the initiative petition concerning the transfer station. Kerry Roach, 1604 Singleton, represents the Committee of Petitioners regarding the site for the proposed transfer station. He presented a supplemental report to the Council , prepared by Brookes H. Baker, their consulting engineer. Brookes H. Baker stated that Site A (Seymour Highway) is preferable, and the transfer station overall is feasible. The Seymour Highway location is one mile closer to the centroid of the collection point. He used the same data base that HDR used and he feels their calculations are correct. Alderman Thomas asked if there is a difference of opinion between Mr. Baker and HDR on the centroid of collection. Ernest Lillard stated that there is. Alderman Thomas noted that we do all our studies on how much it will cost the City. We do not have to pay for the private contractors' costs who haul privately. He further stated that we are trying to develop the most economical system for the City, and not the private contractors. Mr. Baker stated that the City has not identified and recorded where the refuse comes from when it is hauled to the landfill . The centroid of the refuse is not available. The centroid of the population based on the 1980 census is nearer Site A, and it will not change significantly. He stated that rail service is of no benefit. Kerry Roach addressed environmental factors which make Site A more preferable for land use. Lawrence Road is a highly developable area. The Seymour Highway site is in a very rugged terrain. North of it is in the flood plain. There are fewer people impacted in the Seymour Highway location than Lawrence Road. There is a natural screen at the Seymour Highway site. From the eye standpoint it is a better location. As far as windblown trash, there is less chance for it because of the screening in the gulley. He also mentioned collection vehicles that will be added to the existing traffic at both places. He stated that the traffic will increase greatly at Kell and Lawrence Road because the highway department will soon name Kell as U.S. 82, and remove the designation from the Seymour Highway. He believes the people would rather see the site hidden. Charles King, 1505 9th, wonders if the Council is considering any change in shift in population if the downtown is designated a blighted area? They might move closer to the downtown area. Bill Hindman, of HDR, stated that the transfer station is a means of decreasing the long haul costs to the landfill . This transfer station is a completely enclosed building. They will be dumping their loads in a truck which will be covered, and sent to the landfill . He disagrees with Mr. Baker on the centroid of the location. A couple of the census tracts are included and collected by Sheppard Air Force Base. Both of these locations are close to the centroid, and both have compatible land uses. Lawrence Road is served by a gravity sewer. The railroad does offer a distinct advantage because of its flexibility to the future. The distance to the landfill is approximately the same. Lawrence Road is the best site for the transfer station to serve the City of Wichita Falls. In the hearing by the Health Department, the health, transportation, traffic flow, surrounding land use, and building design of the facility were considered. The health department concluded that this site will not adversely affect the public health or create public nuisance at this location; also, that it is a proper land use of the property described in the permit. They examined the traffic, and concluded that it would not cause a traffic hazard. If the transfer station is moved, we are talking about a minimum of a one-year delay. We would probably incur additional citizen opposition to the new site. There would be increased wear amd tear on the collection fleet during the next year. There would likely be an additional one-half million dollars in cost to the citizens of Wichita Falls if it is moved. He feels Site B is much better as far as getting the traffic to the landfill . Mr. Roach stated that it would cost $15,000 to $20,000 to install a sewer lift station to serve the transfer station. Alderman Hampton noted that the $15,000 initial cost is not the problem. He mentioned maintenance costs involved. 155 Item 7b, cont'd. Lorna Higginbotham, 4503 Jennings , appeared representing Citizens for a Clean Environment. She noted that city officials are making a big effort to clean up our city. It appears that there are a few people who will cost the citizens a great deal of money in delay of the transfer station. She stated that there is a big difference in the transfer station and the landfill . She stated that the Seymour Highway is congested with traffic. This site is nestled between two hills. She would hate to see another hazardous area in our city. The public hearing was closed. Item 8a A proposed appropriation ordinance was presented authorizing expenditure of Arts Commission funds for the sculpture at Bellevue Park. ORDINANCE NO. 3842 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AUDITORIUM AND ACTIVITIES CENTER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3842 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Boston Nays: Alderman Shearman Item 9a A proposed ordinance was presented amending the City's franchise ordinance with Lone Star Gas Company to permit the installation, maintenance, repair, and/or replacement of customer service lines, and authorizing charging for same. ORDINANCE NO. 3843 ORDINANCE AMENDING ORDINANCE NO. 2244, WHICH GRANTED A FRANCHISE TO LONE STAR GAS COMPANY, BY ADDING A SECTION 6A TO MODIFY THE DEFINITION OF THE TERMS "SERVICE LINES" AND "YARD LINES" SO THAT THE COMPANY WILL BE RESPONSIBLE FOR THE SERVICE LINES, AND BY AMENDING SECTION 6 THEREOF CONCERNING LONE STAR GAS COMPANY'S OBLIGATION TO EXTEND SERVICE. Moved by Alderman Thomas that Ordinance No. 3843 be passed. Motion seconded by Alderman Smith. Mayor Hill clarified what this ordinance does. It gives the customer the option of having a plumber do the work or let Lone Star Gas Company do it, and charge for it. It prohibits Lone Star from capitalizing this in their rate. Alderman Shearman stated that he believes Lone Star can buy the supplies cheaper than plumbers. He feels Lone Star Gas is getting into something, and stepping on people's toes. All they have to do is come to the Council and ask for a rate increase. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays : Alderman Shearman a i 157 Item 9b A proposed ordinance was presented amending the Code of Ordinances regarding criteria for utility deposits for persons 65 years of age or older. ORDINANCE NO. 3844 ORDINANCE AMENDING SECTION 32-21 OF THE CODE OF ORDINANCES, TO REVISE THE CRITERIA FOR UTILITY DEPOSITS OF PERSONS 65 YEARS OF AGE OR OLDER. Moved by Alderman Hampton that Ordinance No. 3844 be passed. Motion seconded by Alderman Russell . Alderman Thomas asked how this got on the agenda. The City Manager explained the reasons for it. Alderman Thomas stated that it seems this is discriminating against some other people in the city. Mayor Hill felt this could be applied to any age group in the city if they furnish us with a credit rating. Alderman Thomas noted that a strong point can be made on this, but we will increase fees in other places to offset these loss of funds in interest earnings. Mayor Hill asked why not give anyone their deposit back if they have good credit rating? He feels it should be expanded to all those who have a good credit rating. Texas Electric and Lone Star Gas returns deposits after one year of a good credit rating and payments. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Boston Nays: Alderman Thomas Item 10a A proposed resolution was presented designating a blighted area and requesting that the Texas Industrial Commission accept the blighted area as eligible for commercial projects. RESOLUTION NO. 2869 RESOLUTION DESIGNATING CENSUS ENUMERATION DISTRICTS 72 THROUGH 82 AND 59 AS A BLIGHTED AREA AND REQUESTING THAT THE TEXAS INDUSTRIAL COMMISSION ACCEPT THE BLIGHTED AREA AS ELIGIBLE FOR COMMERCIAL PROJECTS. WHEREAS, Census Enumeration Districts, 72 through 82 and 59 compose the area, within central Wichita Falls, which is bounded by the Big Wichita River from Brook Avenue northeast to Patterson Street; south on Patterson Street to Sixth Street; west on Sixth Street to Eastside Drive; south on Eastside Drive to Seventh Street; west on Seventh Street to the Forth Worth & Denver Railroad tracks; south along the Fort Worth & Denver Railroad tracks to the Missouri , Kansas & Texas Railroad spur; southwest along the Missouri , Kansas & Texas Railroad spur to Kell Boulevard; west on Kell Boulevard to Brook Avenue; and north on Brook Avenue to the Big Wichita River (see map in attached study) . WHEREAS, the attached study contains detailed findings which show that Census Enumeration Districts 72 through 82 and 59 contain a substantial number of sub- standard, deteriorating and deteriorated structures; suffer from a high relative rate of unemployment; and contain social and economic liabilities causing the arrest of sound economic growth within the central area. WHEREAS, an overall objective of Wichita Falls is the redevelopment of the central area, including Census Enumeration Districts 72 through 82 and 59, through public/private partnership and related financial technique. WHEREAS, the availability of financing projects for commercial use, within Census Enumeration Districts 72 through 82 and 59, will serve to increase employ- ment opportunities, increase the property tax base, promote commerce, generate income for residents and businesses, complement existing and planned projects , and stabilize the central area economy. 158 Item 10a, cont'd. WHEREAS, projects for commercial use, within Census Enumeration Districts 72 through 82 and 59, will be limited to construction or rehabilitation of hotel , motel , retail , wholesale, office and speciality establishments as well as light industry (such as car repair shops, electrical shops, cobbler shops, cottage industries, etc. ) which conform with the commercial/residential character of the central area. WHEREAS, the City of Wichita Falls has complied with regulatory standards of Rules for Issuing Industrial Revenue Bonds and the requirements of the Development Corporation Act of 1979, as amended, as related to commercial projects in blighted or economically depressed areas. WHEREAS, the outcome of required public hearing resulted in no opposition to designation of Census Enumeration Districts 72 through 82 and 59 as a blighted area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Pursuant to Rules for Issuing Industrial Revenue Bonds , from the Texas Industrial Commission, projected public improvements to be made in Census Enumeration Districts 72 through 82 and 59 include: - Historical District development (in progress , due to be completed in 1983; Community Development Block Grant (CDBG) funded) , - Midtown Manor construction , a 150-unit Section 8 subsidized, multi - family structure (in progress, due to be completed in early 1982; CDBG funded) , - Parking lot construction and mini-park beautification, near the CBD (due to begin January, 1982 and to be completed September, 1982; CDBG funded) , - Wichita River Greenbelt development (in progress, due to be completed in 1985; CDBG/Heritage Conservation & Recreation Service matched funding) , - Burnett Street Bridge reconstruction (due to begin in 1982 and to be completed in 1983; County, State and CDBG funded) , - Sodium vapor street lighting approximately 30 blocks (due to begin October, 1981 and be completed in April , 1982; CDBG funded) , - Bellevue Park redevelopment (due to begin in October, 1981 and be completed in September, 1982; CDBG funded) , - Senior Citizens parking lot paving (in progress and to be completed in September, 1982.; CDBG funded) . The Wichita Falls Board of Aldermen will review all project descriptions for approval of specific projects in order to determine whether such projects are consistent with objectives for redevelopment of Census Enumeration Districts 72 through 82 and 59. Census Enumeration Districts 72 through 82 and 59 (combined) are herein designated as a blighted area by the City of Wichita Falls and that the Texas Industrial Commission is requested to accept the blighted area for commercial projects. Moved by Alderman Thomas that Resolution No. 2869 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays: Alderman Shearman I 159 Item 10b A proposed resolution was presented approving the Kiva Inn as an acceptable commercial project within the blighted area. RESOLUTION NO. 2870 RESOLUTION APPROVING THE KIVA INN PROJECT AS AN ACCEPTABLE COMMERCIAL PROJECT WITHIN THE ELIGIBLE BLIGHTED AREA. WHEREAS, the Kiva Inn Project will contribute significantly to redevelopment objectives for the eligible blighted area, as defined by the Wichita Falls Board of Aldermen, and is in furtherance of public purposes, as defined by the Develop- ment Corporation Act of 1979, as amended; and WHEREAS, the Kiva Inn Project will contribute to the economic growth of Wichita Falls by increasing employment opportunities, increasing the tax base and promoting commerce with the City; and WHEREAS, the Kiva Inn Project is an acceptable commercial project of the hotel/motel type. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls approves the Kiva Inn Project as an acceptable commercial project within the eligible blighted area. Moved by Alderman Thomas that Resolution No. 2870 be passed. Motion seconded by Alderman Boston, carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays: Alderman Shearman Item 10c A proposed resolution was presented approving the purchase of Wichita Cab Company and Cowden Cab Company by the Greater Southwest Transportation Company. RESOLUTION NO. 2871 RESOLUTION APPROVING THE PURCHASE OF THE STOCK OF WICHITA CAB COMPANY AND COWDEN CAB COMPANY, HOLDERS OF CERTIFICATES OF CONVENIENCE AND NECESSITY FOR OPERATION OF TAXICABS, BY GREATER SOUTHWEST TRANSPORTATION COMPANY, A TEXAS CORPORATION. WHEREAS, presently Wichita Cab Company and Cowden Cab Company hold certificates of convenience and necessity for the operation of taxicabs in Wichita Falls , together with licenses for the operation of such taxicabs, and the owners of such companies desire to sell the stock of such companies to Greater Southwest Trans- portation Company, a Texas corporation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The sale of the stock of Wichita Cab Company and Cowden Cab Company to Greater Southwest Transportation Company is hereby approved by the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2871 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and Boston Nays: None 160 Item 10d A proposed resolution was presented designating the City Manager as contracting officer for the City of Wichita Falls in dealing with the National Endowment for the Arts for the sculpture in Bellevue Park. RESOLUTION NO. 2872 RESOLUTION DESIGNATING THE CITY MANAGER AS CONTRACTING OFFICER FOR THE CITY OF WICHITA FALLS IN DEALING WITH THE NATIONAL ENDOWMENT FOR THE ARTS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: STUART A. BACH, City Manager is hereby appointed as the authorized agent in dealing with the National Endowment for the Arts to secure funds by signing and providing necessary documents to such endowment as necessary to assist in the construction of a sculpture in Bellevue Park. Moved by Alderman Thomas that Resolution No. 2872 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Boston Nays: Alderman Shearman Item 10e A proposed resolution was presented authorizing the City Manager to enter into a contract for the design and installation of a sculpture. RESOLUTION NO. 2873 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN CONTRACT WITH GEORGE SUGARMAN FOR CREATION OF A SCULPTURE TO BE PLACED IN BELLEVUE PARK TO COMMEMORATE THE CITY'S 100TH ANNIVERSARY. WHEREAS, the Wichita Arts Commission has proposed, as a Centennial project, that a major sculpture piece be erected in Bellevue Park, and that Bellevue Park be upgraded as a place of beauty to compliment such art form; and, WHEREAS, the Wichita Falls Centennial Commission has endorsed the Art Commission's plan for such Centennial project; and, WHEREAS, the Wichita Falls Parks Board recommended the use of Bellevue Park as a Centennial site; and, WHEREAS, a matching grant of $50,000 has been approved by the National Endowment for the Arts to provide a total of $100,000 for purchase and installa- tion of the sculpture piece; and, WHEREAS, the Arts Commission, with the assistance of a number of outside art experts, has recommended the commissioning of George Sugarman of New York City to create such sculpture. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Mr. George Sugarman to design, create and install a major piece of sculpture in Bellevue Park in commemoration of the Centennial of the City of Wichita Falls, is hereby approved, and the City Manager is authorized to execute the same. Moved by Alderman Hampton that Resolution No. 2873 be passed. Motion seconded by Alderman Russell . Alderman Hampton suggested that the last phrase of the sentence in Article 8, Section (B) of the contract be omitted. This was agreed to b the Council . d� y 1 . i i 161 Item 10e, cont'd. Alderman Thomas stated that he went to Dallas to look at the sculpture in front of the City Hall . He stated that it was abstract, and attractive. He stated that he was told that it had been well received by the young, and the children. Alderman Shearman stated that abstract art is beautiful , but this statue is supposed to be representative of our heritage. We have to know where we came from before we know where we are going. „ The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays: Alderman Shearman Item 10f A proposed resolution was presented authorizing the City Manager to execute a contract for the cleaning and clearing of Holliday Creek. RESOLUTION NO. 2874 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT FOR CLEANING AND CLEARING HOLLIDAY CREEK. WHEREAS, the City desires to contract with a contractor to work on a day to day basis in clearing and cleaning the Holliday Creek channel ; and, WHEREAS, quotations have been received from two private contractors in this area having the type and size equipment needed for such work, and the low quotation was received from the Zack Burkett Company, who quoted a price of $85 per hour for a one cubic yard dragline and $45 per hour for a dozer to be used in clearing working area for the dragline and leveling the debris taken from the channel . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby approved a contract with Zack Burkett Company whereby such contractor will do clearing and cleaning work on the Holliday Creek channel , for which the contractor will be paid $85 per hour for a one cubic yard dragline and $45 per hour for a dozer, but the total consideration paid for first week's work shall not exceed $4,000. Thereafter, if the amount and quality of the work accomplished is determined to be satisfactory by the Public Works Department, the contractor shall be authorized to continue such work on a day to day basis at the above hourly rates. After the first week, the City, acting through the Public Works Department, shall have the right to stop the work and cancel the contract at the end of any day. The maximum amount which shall be paid to the contractor under this contract shall be $36,000. The City Manager is hereby authorized to execute such a contract with Zack Burkett Company. Moved by Alderman Thomas that Resolution No. 2874 be passed. Motion seconded by Alderman Shearman. Alderman Hampton asked whether we would be doing this work on the land where we have an easement, or where we own it? The City Manager stated it would also be on land given to us. Ernest Lillard stated they will be working with a bulldozer and dragline for about 12 weeks. Clearing will be done in the next two or three weeks. They will be working in the area alongside Patterson Oldsmobile just clearing out the ditch to see if it will be satisfactory. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None 162 Item 109 A proposed resolution was presented authorizing the City Manager to execute a lease agreement for a portion of the land to be used for the landfill . RESOLUTION NO. 2875 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENT WITH PROPERTY OWNER ON SANITARY LANDFILL PROPERTY. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain lease agreement, a copy of which is attached hereto covering a 149.98 acre tract of land owned by Mr. Cecil D. Parker, is hereby approved and the City Manager is authorized to execute said lease. Moved by Alderman Thomas that Resolution No. 2875 be passed, deleting Section 8.03 dealing with damage or destruction repairs. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 10h A proposed resolution was presented endorsing Amendment No. 1 of the proposed State constitutional revisions. The City Manager explained the provisions . Alderman Shearman asked if a business fails, who stands good on the bonds? Paul Latture, Executive Director of the BCI , stated that the holder of the bonds holds a first mortgage. RESOLUTION NO. 2876 RESOLUTION SUPPORTING AND ENDORSING PASSAGE OF AMENDMENT NUMBER ONE TO THE TEXAS CONSTITUTION AS PART OF THE NOVEMBER 3, 1981, CONSTITUTIONAL REVISION ELECTION. WHEREAS, the Texas State Legislature recognizes the need of Texas cities to improve, develop and redevelop economically distressed areas; and, WHEREAS, in pursuit of that recognition, the Texas State Legislature has promulgated an amendment to the Texas State Constitution which would permit Texas cities to provide tax relief and related assistance to encourage the improvement, development and redevelopment of economically distressed areas; and, WHEREAS, the City of Wichita Falls and its citizens could potentially benefit from voter approval of the proposed Amendment Number One to the Texas Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: All citizens be encouraged to vote in favor of the proposed Amendment Number One to the Texas Constitution at the November 3, 1981, election. Moved by Alderman Thomas that Resolution No. 2876 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays : Alderman Shearman Item l0i A proposed resolution was presented granting the Anniversary 100 Committee authority to approve requests for items sold, traded, or given away as part of the forthcoming centennial celebration. g r 163 Item 10i , cont'd. RESOLUTION NO. 2877 REQUESTING THAT NO INDIVIDUAL, COMPANY OR ORGANIZATION SELL, TRADE, OR GIVE AWAY ANYTHING THAT HAS A CENTENNIAL CELEBRATION REFERENCE OR CONNOTATION WITHOUT FIRST OBTAINING WRITTEN PER- MISSION FROM THE ANNIVERSARY 100 COMMITTEE. WHEREAS, the year 1982 marks the 100th year of the founding of City of Wichita Falls; and, WHEREAS, this important milestone provides an opportunity to focus our attention on the growth and progress of our city; and, WHEREAS, there has been formed a Celebration Committee to carry out plans for commemorating this memorable event; and, WHEREAS, it is the desire of us all that this event be a self-sustaining one financially, WHEREAS, the Celebration Committee anticipates revenue from such projects as admissions to an Historical Spectacle and historical program advertising booklet, a carnival and the sale of such novelties and souvenirs as Booster Badges, Member- ship Certificates, Commemorative Coins, Hats, Bonnets, Old Fashioned Wearing Apparel , plus Ties, Plates, and similar items. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT IT IS HEREBY REQUESTED THAT: No individual , company, or organization will sell , trade, or give away anything that has a Celebration reference or connotation without first obtaining written permission from the Anniversary 100 Committee. Moved by Alderman Thomas that Resolution No. 2877 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item lla David Murray, 2108 Clarinda, appeared as Chairman of the Arts Commission, requesting funding allocations totalling $50,000, as follows, for projects proposed by the Arts Commission. a. Centenial Project $23,000.00 b. Red River Lyric Theatre 5,859.52 c. Wichita Falls Ballet Theatre 4,870.78 d. Distinguished Artists Series 1,982.00 e. Wichita County Heritage Society 5,164.48 f. Midtown Fine Arts League 1,765.14 g. Backdoor Theatre 5,439.05 h. YWCA 1,919.03 Moved by Alderman Hampton that the requested expenditures be approved. Motion seconded by Alderman Russell , and carried unanimously. Item llb City Manger Stuart Bach gave an overview report concerning the possibility of purchase by the City of the electrical utility. In the fuel adjustment aspect, PUC says it is being applied the way it is supposed to be. Maintenance expenses appear high as compared to others. In regard to advertising, a .3 percent can be used. TESCO is using .2 percent. Cost to the City, and what it would mean to the rate payer to purchase the system would entail a 13 percent increase in the rates. The procedure for acquiring a utility should be outlined in the charter. 164 Item llb, cont'd. City Attorney H. P. Hodge, Jr. explained a situation in Fort Worth where there was no procedure outlined in the charter for the City to take over the Lone Star Gas operation. Our charter does not set out a procedure. It is set out in the franchise. Mayor Hill stated that he is disappointed in this report. Alderman Smith stated that it seems to show that there is no possible way that the City of Wichita Falls could own the electric utility. Mayor Hill feels this report shows why the City should not get into the electric business, rather than show how we could get into the business. cost.Aldermen Thomas and Hampton felt that it is a fine report based on the Item llc Alderman Thomas asked for an executive session to discuss personnel . The Board of Aldermen adjourned at 11:15 A.M. PASSED AND APPROVED this ���T�� day of 1981. Mayor / ATTEST: City"Clerk 0 I 1 COUNTY OF 'YICHI'TA n CONTRACT FOR COLLECTION AND DISPOSAL OF DEAD ANI`,iALS This agreement made and entered into this the lst day of October, 1981 , by and between the City of Wichita Falls , Texas , hereinafter called City , and Fred Ray Mount , hereinafter called Mount . WITNESSETH : For and in consideration of the mutual covenants herein contained, City and Mount do hereby agree as follows : 1 . Mount will pick up and collect all dead large animals wherever situated in Wichita County , Texas, and all small animals in containers located at the Humane Society Animal Shelter and at the Wichita Falls Animal Control Center. 2 . Mount will dispose of such dead animals at City ' s sanitary landfill ; City will dig a hole for the animals , and will cover them. Mount may dispose of such dead animals at some other suitable place, if approved in writing by City . 3. Mount shall provide such service 24 hours a day , five days a week, beginning at 12 : 01 o ' clock a.m. Monday morning and ending at 12 : 00 o ' clock midnight Friday night . In addition , Mount shall perform emergency collection and disposal on Saturdays and Sundays; such emergency service is defined to mean the collection and disposal of any dead animal which, by its very nature , constitutes a health or traffic hazard. 4 . This contract shall be in force and effect for a period of three years . 5. City shall pay Mount the sum of $1 , 375 . 00 per month for the services to be performed by Mount under this contract . Such payments shall be made monthly . It is understood that City is con- tracting with Wichita County , Burkburnett and Iowa Park, whereby City will be reimbursed a part of the consideration it is paying Mount . 6 . It is understood that Mount is an independent contractor under this contract . He shall furnish all labor and equipment necessary for performing these services, except that the City will furnish the necessary labor and equipment at its landfill necessary �r -2- to di- the holes and bury the dead animals . 7. Mount shall provide adequate liability insurance covering the use of his equipment . S . Mount shall provide to City ' s Animal Control Department records showing the number of dead animals collected, the locations where they are picked up , and the names of the owners , where known . 9 . A fee of $31 . 25 will be charged the owner for each dead large animal collected and disposed of . At the time of picking up a dead large animal , Mount will request payment of such fee from the owner, if known . Any money so collected by Mount shall be receipted for and will be remitted to City on a weekly basis . In each case where Mount is unable to collect such fee , he shall report that fact for billing purposes to the City ' s Animal Control Department . 10 . In the event Mount breaches any of the covenants contained in this contract , and fails to remedy such breach within fifteen days after having been requested by City in writing to do so, the City shall have the right to terminate this contract . The parties hereto have executed this instrument as of the day and year first set out above . CITY OF WICHITA FALLS , TEXAS BY: -0 �CITYANAGER ATTEST : FRED RA OUNT ,A, ' CITY CLERK APPROVED AS TO FORM: i .-H G JR CITY ATTORNEY RECEIVED IN CITY CLERIC'S 07- ICI+ STATE OF TEXAS 0 By _:.._.._._.._..:___. COUNTY OF WICHITA 0 This agreement made and entered into this the lst day of October, 1981 , by and between the City of Wichita Falls , Texas, and the City of Burkburnett , Texas , WITNESSETH : WHEREAS , Wichita Falls and Fred Ray Mount intend to enter into a contract whereby Mount will collect and dispose of dead animals in Wichita County ( including the City of Burkburnett) , for which Wichita Falls will pay him the sum of $1 , 375 .00 per month, and Burkburnett will derive benefits from such contract ; NOW, THEREFORE , for and in consideration of the mutual covenants herein, and the benefits to be derived by Burkburnett from such contract between Wichita Falls and Mount , the parties hereto do hereby agree as follows : Burkburnett shall pay to Wichita Falls the sum of $68 . 75 per month, payable monthly, for the three year term of such contract , for the service within its city limits . All fees which may be collected by Mount from the owners of dead large animals which he collects within the city limits of Burkburnett , and which fees are remitted by Mount to Wichita Falls , shall be credited on the $68 . 75 monthly consideration payable by Burkburnett to Wichita Falls . Burkburnett may obtain from Wichita Falls information furnished by Mount concerning the numbers , locations and owners of dead animals picked up in Burkburnett . Burkburnett shall have the right to collect a fee from the owner of each dead animal picked up in the city limits of Burkburnett , and Wichita Falls shall have the right to collect a fee from the owner of each dead animal picked up within the city limits of Wichita Falls . -2- Neither of the parties shall have any obligation to enforce collection from the animal owners of fees due the other party. The parties hereto have executed this instrument as of the day and year first set out above . CITY OF WICHITA FALLS , TEXAS BY : CITY MANAGER ATTEST : CITY OF BURKBURNETT i CITY CLERK TY MANAGER ATTEST: ITY SECRETARY ST-ATE OF i--HAS Coj:NTy OF TV I CHIT� This a,�re"men-� -,-,ido and of October, 1981 , by and io e L%v e e n r,h c, City' and the City of Iowa Park, Texas , WITNESSETH : WHEREAS , Wichita Falls and Fred Ray Mount intend to enter into a contract whereby Mount will collect and dispose of dead animals in Wichita County ( including the city of Iowa Park) , for which Wichita Falls will pay him the sum of $1 , 375 . 00 per month, and Iowa Park will derive benefits from such contract . NOW, THEREFORE , for and in consideration of the mutual covenants herein, and the benefits to be derived by Iowa Park from contract between Wichita Falls and Mount , the parties hereto do hereby agree as follows : Iowa Park shall pay to Wichita Falls the sum of $68 . 75 per month, payable monthly, for the three year term of such contract , for the service within its city limits . All fees which may be collected by Mount from the owners of dead large animals which he collects within the city limits of Iowa Park, and which fees are remitted by Mount to Wichita Falls , shall be credited on the $68 . 75 monthly consideration payable by Iowa Park to Wichita Falls . Iowa Park may obtain from Wichita Falls information furnished by Mount concerning the numbers , locations and owner of dead animals picked up in Iowa Park . Iowa Park shall have the right to collect a fee from the owner of each dead animal picked up within the city limits of Iowa Park and Wichita Falls shall have the right to collect a fee from the owner of each dead animal picked up within the city limits of Wichita Falls . Neither of the parties shall have any obligation to enforce collection from the animal owners of fees due the other party . The nar`ie� eret ci :lip ir:str:: �ent as 5 of the day and year first scat out abox, c CITY OF WICHITA FALLS BY : . �. _ ity Manager ATTEST: CITY OF IOIVA PARK City Clerk BY : Jo nn"ra ord , Mayor ATTEST: City Secre ry This contract , made and entered into this the 20th day of October, 1981 , by and between the City of Wichita Falls, Texas, hereinafter called "City" , and Zack Burkett Company, hereinafter called "Con- tractor" , WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1. Contractor shall perform clearing and cleanup work on Holliday Creek in Wichita Falls at the locations designated by City. 2 . City shall pay Contractor at the rate of $85 per hour for each hour, or fraction thereof, that the American 4120 dragline actually performs work on this project. City shall pay Contractor at the rate of $45 per hour for each hour, or fraction thereof , that the Cat D-5 dozer (or equal) _ is used on this project, such time to be computed on a portal-to-portal basis. 3. This contract shall have a minimum term of one week, and the total consideration paid by City to Contractor for such first week shall not exceed the sum of $4 , 000. There- after, if the amount and quality of the work accomplished is determined to be satisfactory by the Public Works Department, the work shall continue on a day-to-day basis at the above hourly rates; provided, however, the maximum amount which shall be paid by the City to Contractor under this contract shall be the sum of $36 , 000 . 4 . Contractor shall not be required to haul off the cleared debris. It will be knocked down by Contractor and levelled as directed by City' s Department of Public Works. 5. Billings will be submitted monthly by Contractor to City, and same shall be due and payable in Graham, Young County, Texas on or before the loth of the following month. 6. Contractor shall furnish to City certificates of insurance showing that it carries a min- imum of public liability insurance of $100, 000 and $300, 000 for bodily injury and $50 , 000 for property damage. 7 . Notwithstanding the other provisons contained herein, after the end of the first week, either City or Contractor shall have the right to stop the work and cancel the contract at the end of any day. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year — first set out above. CITY OF WICHITA FALLS, TEXAS B y: 4�uart ✓��7i.-Gt A. Bach, City Manager ATTEST : City Clerk ZACK BURKETT COMPANY By: Zack Burkett III , President i. r PROPOSED BLIGHTED AREA DESIGNATION Lam: f i i I r SF.PTEMBEP. 1981 Page 5 of 13 Pages WICHITA FALLS, TEXAS Agenda Item No. 10.a. i CENSUS TRACTS • , y � �-� � `��3, a=�,I��t-Try,i' !� � -`� ��` i; ' 112 '� tip,� �••1 `�`' r �x �----r-_._�'1 I VAs14 c �v. 11•6 ril' I��.i• ..a�, ,f A`..'� ` ., l.- `�, ,r, irk �� r'_ •!+1 ^'J��7� ! ,�1,, '�; —_ r ?Cq� ��J- T. 3 +Vwil� Sd�l'_h NZki . r rT L__ ' vl`/{1 7 �12 11 I T A y WICHITA I AL S. TEXAS i Page 7 of 13 Pages `� \ Agenda Item No. 10.a. HOUS TN(-, The housing WiLhin E.D.s 72-82 and 39 was recent iv surveyed usinq the Tyza-� PicLoral Method of Data Inventory. Tablo B shows tha ivquIL of the nur-ay- Table B HOUSING CONDITION STANDARD DETERIOATING DILAPIDATED % Housing Structures 32 57 11 E-D.s 72-S2 , 59 Source: City of Wichita Falls, planning Department, 1981 Housing classifications are defined below: Standard - No maintenance/repair problems or defects in structure. Deteriorating - Considerable damage to building elements (such as doors, windows, siding, etc. ) with potential damage to major structural items (such as roof, walls, foundation, etc. ) . Dilapidated - Major deterioration among the majority of building elements ffwith major damage to structural items. Repair to housing of this type is economically infeasible. The large number ofideteriorating and dilapidated housing units is basic to qualification of the area as blighted. Age of housing units is another important factor when evaluating housing stock conditions. The lack of technological innovation in design and construction materials, as well as energy efficiency, generally makes older homes uneconomical and harder to maintain. A large portion of the housing units in E-D.s 72-82 and 59 was built over 40 years ago (see Table Q and is for reasons mentioned earlier difficult to maintain. Much of the older housing may, therefore, be deteriorating. Table C AGE OF HOUSING STOCK ENUMERATION DISTRICTS Z HOUSING UNIT AGE 72 73 74 75 76 77 78 79 80 81 82 59 0-15 0 0 0 0 1.9 1. 3 0 0 0 0 0 2.3 16-20 2.8 0 0 11.9 0 0 0 0 0 0 0 6.5 21-30 16.9 22.6 2.7 0 1. 3 3.9 0 14.0 0 1.1 13.0 0 31-40 49.8 16. 1 61.8 7.8 7. 7 0 11 .5 56. 1 8. 7 37. 7 30.4 32.6 41 and over 30.5 61. 3 35. 5 30.3 89.1 94 .8 85.5 29.9 91. 3 61. 2 51.6 58.6 Source: U.S. Census , 1970 Page 9 of 13 Pages Agenda Item No. 10.a. Another indicator of economic activiLy within busiress and ce7nercial secLurs is retail sales amounts. Table F displAyq 1he loos "I reLak alc, in thu C0 while the City, as a whole ( including other commerciaL iunuars) . cxnKenced a dramatic increase in retail sales. Table F RETAIL SALES 1972 1977 CBD 66,133,000 60,532,000 CITY 251,285,000 476,210,000 Source: U.S. Department of Commerce, 1977 * SMSA Data: City data unavailable Additionally, during the period 1972-1977, the CBD lost 69 of its retail establishments. The figure amounts to 37% of the 1972 retail level. POPULATION The composition of q population says much about the type and intensity of activity taking place in an area. The figures in Table G display a large percent of families living in E.D.s 72-82 and 59 earning below 802 of median income ($6,350) . LTable G % OF FAMILIES EARNING BELOW L80% OF %iLDIAN INCOME ENUMERATION DISTRICTS 72 73 74 75 76 77 78 79 80 81 82 59 81 83 55 57 62 85 74 78 65 47 46 76 Source: U.S. Census , 1970 In addition to having a high portion of low income families , the study area maintains a high unemployment rate, another basic to qualification as a blighted J area. The unemployment rate in Census Tract 101 (which is composed of E.D.s 72-76) is 6.8Z. The unemployment rate of Census Tract 102 (which includes E.D.s 77 and 82) is 4 .9%. The unemployment rate for Census Tract 103 (which includes Page 11 of 13 Paves Agenda Item No. An POPULATION - A hi,h composition Of families earning; less than 80% of the median income reside within the area. - Relati:,e unemplovment rates are high compared to the KISA. - Census Tracts 101, 102 and 103 have lost 25% of their combined population since 1970. Although directly observable trends are important in the analysis of blight, interr^_lationships between trends must be addressed by efforts to redevelop these t areas. Complex interactions between low income population; underemployment; aged, deteriorating housing stock; and withering commercial activity within blighted r areas require a renewed public/private commitment. One method of leveraging public/private commitment is through the use of Industrial Revenue Bonds (IRBs) as financing tools. Created by an act of the Texas Legislature, the Development Corporation Act of 1979 allows the issuance of IRBs by development corporations within "blighted or economically depressed areas or Federally assisted new communities within a home-rule city or a Federally designated economically depressed county of less than 50,000 persons." IRBs are used within 46 states allowing the "users" of the bonds or facilities financed by the bonds to pay interest rates which are normally less than prime lending rates. Additionally, buyers of IRBs pay no income tax on interest earned. The function- alities and advantages of IRBs make them attractive as an implementation tool for the public/private redevelopment of Enumeration Districts 72 through 82 and 59. Page 13 of 13 Pages Agenda Item No. 10.a. f On this day of 1981, the City of wichita Falls, Texas (hereinafter referred to as the City) and George Sugarman (hereinafter referred to as the Artist) , an individual whose address is 21 Bond Street, New York City, New York 10012 do hereby mutually agree as follows : ARTICLE 1. Definititions r (A) Commission means the Wichita Falls Arts Commission. I (B) Contracting Officer means the City Manager of the City of Wichita Falls or his duly authorized representative. ARTICLE 2 . Scope of Services (A) The Artist shall perform all services and furnish all supplies, material and equipment as necessary for the design, execution and installation of a sculpture to be placed in Bellevue Park. The Artist shall execute the work in an artistic, professional manner and in strict compliance with all terms and conditions of this contract. (B) The theme of the sculpture shall be based on a crape myrtle or an alternative theme approved by an ad hoc committee comprised of the Commission and three members of the Board of Aldermen, City of Wichita Falls. (C) The Artist shall submit to the City a model of the proposed sculpture of size ratio not less than one-eighth inch equal to one foot and transport the model to Wichita Falls not later than The cost of transporting the model shall be at the Artist ' s expense. I The model, if and when accepted by the ad hoc committee as provided for in this Article, shall become the property of the City of Wichita Falls. (D) The work shall be of materials and of size mutually L acceptable to the Contracting Officer and the Artist. (E) The Artist shall furnish the following to the City: (1) Three 35 mm slides of the finished sculpture. (2) Three 8 x 10 color photos of the finished sculpture. (3) Monthly progress reports. ARTICLE 3. Changes (A) The Artist shall make any revision necessary to comply with such recommenations as the Contracting Officer may make L Page 4 of 10 Pages Agenda Item No. 10.e. for practical (non-aesthetic) reasons. (B) Any changes made by the Artist after submission of the model must be approved by the ad hoc committee. ARTICLE 4 . Inspection and Care (A) The Artist shall furnish facilities for inspection of the work in progress by authorized representatives of the Contracting Officer. The City will contact the Artist in advance to arrange a mutually convenient time for such inspections. (B) The Artist shall be responsible for the care and protection of all work performed by him until completion of the installed work and acceptance by the Contracting Officer. The Artist shall repair or restore any work damaged . prior to its acceptance by the Contracting Officer. ARTICLE 5 . Time for Completion The Artist shall complete all work as follows: (A) The model as required by Article 2 (C) calendar days after the receipt of notice to proceed. (B) The completed work in place by July 1, 1982, unless a time extension is granted by the Contracting Officer and approved by the National Endowment for the Arts. ARTICLE 6 . Ownership (A) The model and sculpture produced under this agreement shall be the property of the City of Wichita Falls. (B) The Artist shall neither publicly exhibit the final work nor shall he make exact reproductions or reductions of the finished work except by written permission of the Contracting Officer. ARTICLE 7 . Submission of Model (A) Upon completion of the model required in Article 2 (C) of this agreement, the model will be submitted to the ad hoc committee. (B) The Artist will accompany the model to the City of Wichita Falls to consult with the ad hoc committee on a date mutually agreed on between the Artist and the Contracting Officer. (C) Within 15 days after submission of the model, the Commission and the ad hoc committee will notify the Artist Page 6 of 10 Pages -2- Agenda Item No. 10.e. L ARTICLE 9. Travel All travel by the Artist and his agents or employees as may be necessary for proper performance of the services required under this contract is included in the amount set out in Article 8 of this agreement and shall be at no additional cost to the City of Wichita Falls . ARTICLE 10 . Responsibility of the Artist (A) Neither the City' s review, approval or acceptance of, Fa nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action aris- ing out of the performance of this contract, and the Artist shall be and remain liable to the City for all damges to the City in accordance with applicable law for all damages caused to the City by the Artist ' s negligent performance of any of the services furnished under this agreement. (B) The right and remedies of the City provided for under this agreement are in addition to any other rights and remedies provided by law. (C) The Artist guarantees all work to be free from defects or inferior materials and workmanship for one year Y after the date of final acceptance by the City. If within one year the Contracting Officer finds the work in need of repair because of defective material or workmanship, the artist shall without additional expense to the City, promptly and satisfactorily make the necessary repair. (D) The Artist shall furnish bond covering the faithful performance of all duties required by this agreement and the payment of all obligations arising thereunder, in such form as the Contracting Officer may prescribe and with such sureties as he may approve. (E) The Artist shall submit the model required in Article 2 (C) and plans for the sculpture to a registered Texas Professional Civil Engineer. The Engineer shall review and inspect the model and plans. The Engineer shall submit a letter to the Contracting Officer giving a report on his inspection. This must be delivered to the Contracting Officer prior to the commencement of construction. (F) The Artist shall, one hundred eighty days (180) prior to the anticipated arrival of the sculpture in Wichita Falls, -4- Page 7 of 10 Pages Agenda Item No. 10.e. sex or national origin. The Artist will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Artist agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity Clause. (B) The Artist will , in all solicitations or advertisements for employees placed by or on behalf of the Artist , state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (C) The Artist will send to each labor union or representative of workers with which he has a collective bargaining agree- ment or other contract or understanding, a notice, to be provided by the Contracting Officer, advertising the labor union or workers ' representative of the Artist ' s commitments under this Equal Opportunity Clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D) The Artist will comply with all provisions of Executive Order No. 11246 of September 24 , 1965 , as amended by Executive Order No. 11375 of October 13 , 1967 , and of the rules , regulations , and relevant orders of the Secretary of Labor. (E) The Artist will furnish all information and reports required by Executive Order No. 11246 of September 24 , 1965 , as amended by Executive Order No. 11375 of October 13 , 1967 , and by the rules , regulations , and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (F) In the event of the Artist' s noncompliance with the Equal Opportunity Clause of this agreement or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended , in whole or in part, and the Artist may be declared ineligible for further government contracts, in accordance with procedures authorized in fExecutive Order No. 11246 of September 24 , 1965 , as amended L -6- Page 9 of 10 Pages Agenda Item No. 10.e. LFASF AGR I';I ® This Lea :e Agreement is made and entered into this day of by and beti,wen Cecil Parker, the Lessor and the Mt of ?ichi.t:i Frills, the Less eu. ARTICLE 1 . DFEMIS 1 OF LEASED 1'RI;PIISFS Lessor for and in consideration of. the rents, covenants , and promises herein contained to be kept, performed and observed by 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 premises and more particularily des- cribed as Tract 2 A Hli.44 acre tract of land in Block 12, Cor:herd Brothers South Side Farms tb- divi inn out of the Palo Pinto County School Land, Abstract *";I , dichita County Texan: „nd being a part of a tract of land described by deed ; () Don:il•I G. l •rker as recorded in Volume 394, Page 20 and Cecil D. Parker as recorded in Vol, :-,e 39, , Page 21 , Deed Records , Wichita County, 'Texas, and being described by metes and bounds as follows: BI'GINNINC at a li-;" iron pipe found for the Southwest corner o� Blocl, 12, So�Ah Side Farms Subdivision. THF':`E N00o O6103"`.q at 1.,780.21 feet pass a 1" iron reinfor-ci?+g rod and continuing; on the same -course in all. 2,647.9 feet to a ._" iron pipe foundfor- the Northwest Corner of Block 12, South Side Farms 'Iubdi.vi Sian. IIIFrc:[ :3389 03'59"1: 1,010.0 feet along the North line of Block 12, Mouth ',ide garms ''ubdivi;ion to a Z" iron reinforcing rod. '111FPCE S09 33151,11E 1 ,590.4 feet to a '2" iron reinforcing rod THENCE, S42052116111-7 1 ,457.84 feet to a iron reinforcing rod on the South line of- Block 12, South Side Farms Subdivision 0 N'89 51 '43"[J along the South tine of Block 17, South ';(de Farms Suhdi.visi( n at 169.4 fc-t pa s a ' " iron --einforcing rod ,-nd continuing on the same course in all 2,261 .34 feet to the p) ,)ce of beginning and containing H4.44 acres of land more or less. Tract 4 A 28.45 acre tract_ of land in Block 9, Co;aherd Brothers South Side Firms tit;b- division out of the Palo Pinto County School Land, Abstract 241 , Wichita County, Texas and being a part of a tract of land described by deed to Donald C. P,:rker as rer orded in Volume 394, Page 20 and Cecil D. F.3 rl<er as recorded in Volume 39' , Page 21 , Deed Records , '.Jichita County, Texas, and being; described by metes and FKA Communcemept wnd Termination U,te 2XI This len.v AM he for a term A tnu ( 10) yrirq refe-ied t- �n the leas , term, Cownencing Un 319 and ending on _ 49 ; .ubjec � however to earlier termination as provided in this agreement. Right to extend 232 If Lessee desires to continue this lease after the expiration of the lea ;e term it shall have the right to so extend by proceeding in the following manner. Lessee shall , not less than three months before the expiration of the lease ter .1 give to Lessor written notice of its desire and election to continue the lease for an additional term of five years. In the notice Lessee shall include proposod terms for the five year extended period based upon the top market value of current grass lease prices not to be less than $32 per acyc per year. Upon receiving thl written notice Lessor either shall accept the proposed terms and notify Lessee in writing of its acceptance or shall appoint an individual to qct is an apprai ;el- an:1 shall then notify the Lessee in writin; of the appointment. Qon notificati )n of Lessor's oppointment of an appraiser Lessee AM appoint an individual to a :t as appraiser and shall then notify Lessor in writing of the appointment. The two appraisers so Appointed Kall review current grass lease prices and apprais ' the value of the lease at the top mark-t value of current ,grass lease prices. not -to be W5 than $12 per acre per year and the appraisal of the appraisers shall be binding and final for the purpose of this lease, in! thereupon without any further act this lease shall A extended for a further term A five years, upon the some term and conditions in all things as before, vxmpt that the annut, rent for such second term be such sum as is equal to the top market value of current grass lease prices or $12 per acre, whichever is greater, the same to be paid in annual installments as before; and Lessee shall pay all taxes and assessments and keep and observe all other coven nts and agreements , is during ARTICLE A. TAK-S rjyment by Lessee 4,01 Q addition to the rental , Lenree shn1l poy nnO disOnrge all taxes , generil and j,vcinj oasesswents , in! other chnrgeq of every de.c-4ptlnn Yhich during the term of this lcA3e may he levied on or assessed qgninst the leased premises and all interests therein and all improvements and other property thereon, whether belonging to Lessor or to Lessee, or to which either of them may become liable. Lessee shall pay all such taxes, charges , and assessments to the public officer charged with the collection thereof not less than Wteer (15) days before the same shall become delinquent , and Lessee agrees to in- demnify and save harmless Lessor from all such taxes, charges , and issessments. Lessee shall have the right in good faith at his own sole cost and expense (in his oT.7n nanic or in the name of Lev or, or both, as Lessee may dotcrmin,', appuoprinte) to contest any such t'Nms, chargas , and asqossmcnts aN Aall be obligated to pay the contested amounty only if and when finilly determined to be due. Payment by Lessor 4.02 qubject to the right of the Lessee to contest taxes , asseannents, and 3overnmental charges as provided in section 4.01 , Lessor miy at time that the payment of any item of taxes , special assessments or. Sovernmental. charges which Lessee is obligated to pay under the provisions of section 4.01 remains unpaid give written notice to Lessee of his default , specifyint the same, and if Lessee continues to fail to poy an itcm K taxes , speci !l assensment,or governmental charyn or to content the same in good faith, then at any tiers after ton (10) days from such written notice, Lessor miy pay the item specified in notice, with interest thereon at the rate of ten percent ( 101) per annum from the date of such payment by Lessor until repaid by Lessee, provided, however, if Lessor, without giving the ten ON dnyr notice provided for in this section, pays Any such item which hnq not b-cn p0d Lessee within the time required in CO'I 171, ic ili,: 7 C!1 Les if, f; I I I, t 1,, 1 t j i n- t i e. u r T i t I i e term of this Ic,.,-c,, to erect , maintain, .0ter, ici,io(Iel , rcp1c.ce, and rci.')vo ntllt'r jl,provcillellts on tl-.c,- le.,-IsCA prev!ises an correct and char—e tho contour of the pre-rJ.-, i 11)j c c t to t 11 e 'c.I 10'.-.-i I I general. Colld i ticln- (1 ) The cost of ,'IP.y such C',DTI.�trvctinn, reconstruction, demolition or of any chap-e, olteration or improve;:icnits , shall be home Lin:l paid for by Lesscf-,; ,,n ' (2) The leased peel i.s es shall at all times be. kept free of jucchanicE ' and mat-rialineri's licnS. Lessee's of Improvements and 'FiXti-II-P-S 7.02 All buildinrs , --tvIprovcmCljtc; , fi,'-,tl machinery and equipment of wl-1.1tevc -, nature at any time constructed, placed or m.-,int.ained on a.nv part of the leased premises shall be an,.1 remain the property of Lessee. Right to Improvements 7.03 Lessee shall hove the right at any time during Lessee'; occup.-Incy of the 1(--,.,ised premises , or within -a reasonable time there:[ter, tc remove, In-,,, and all buildings , improve-i'l(211ts , fixtures, --IIICI EIII f-(jLIjj)lIIC1lt o��ried or placed by Lessee, in, under, or on the leased premises , or acquired bV Lessee, r,.--hetller before or durinp' the lease term, but Lessee shAl -lot bn obli�,;,,tcO to do so. ,'inv buildin;s, improvement;;, fi:ftures or cquipv.ierit whicli are not removed ;h,-il I becoil.-Ic the punperty of the Lessor. for dawagen occasioned thereby and shall, in the event of a judgement cf foruclosure in said mechanics lien, cause the some to be dischare,ed and re- moved prier to the execution of the judgement.. ARTICLE 9. DEFAULT AND REWDIES Termination on Default 9.01 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 after receipt of written notice from Lessor to Lessee, Lessor may declare this lease, and all rights and interests 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 origionally fixed herein for the expiration of the i term hereof. Lessor, his agent or attorney may resume possession of the i premise_ and relet the same for the remainder of the term at the best rent i i Lessor, his agent or attorney, may obtain for the account of. Lessee, who shall make good any deficiency. i Other Remedies 9.02 Any termination of this lease as herein provided shall not relieve Lessee from the payment of any sum or sums that shall then be clue and payable to Lessee hereunder, or any claim for damages then or theretofore accruing against i ' Lessee hereunder, and any such termination shall prevent Lessor from enforcing i the payment of any such sum or sums or claim, for damages by any remedy provided 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 cummulativQ, 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. No waiver by Lessor of a breach of rinv of the covenants , conditions , or rc stricti.ons of *_him lease shall be construed or held to he a waive- of my succeedinq or prccedi_ng breach of the same or any other covenant , condition, or restriction herein contained. ARTICLE 10. 4ARIAHVIES Lessor's '.arr;?nty of Title 10.01 Lessor hereby represents and warrants that he is the owner in fee simple absolute of the leased premises subject to covenants , conditions , restrictions , easements and other mutters of record. Lessor's '-arranty of Quiet Enjoynent 10.02 Lessor covenants and agrees that Lessee on paying the rent and other chargis herein provided for and abserving and keeping the covenants , conditions, and terms of this lease on Lessee's part to be kept or performed, shall lawfully and quietly hold, occupy, and enjoy the leased premises during the term of this lease without hinderance or molestation of Lessor or any person claiming under lessor. ARTICLE. 11. GENFRAL PROTFCTIVF PROVISIONS Right of Entry and Inspection 11.01 Lessee shall permit Lessor or Lessor's agents , representatives , or employees to enter on the leased premises for the purpose of inspection, to determine whether Lessee is in compliance with the terms of this lease, for purpose of maintaining, repairing or altering the premises , or for the purpose of showing the leased premises to prospective lessees , purchasers, mortgagees, or beneficiaries under trust deeds. V Fartnership 11.02 The relationuhip between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. of any valid and applicable law, regulation or o:dhance of the United _Mates , the QAte of Texas , or the City of Vichitn Falls, or other liwful authority having jurisdiction over the leased premiNen , provided, however, that Mere shall be no violation by Lessee of this provision unless and until Lessor has notified Lessee in writing, specifying the alleged violation anjuntil there has been a final adjudication that the specified use is in violation of the law, regulation, or ordinance specified in such written notice, and that such specified law. , regulation or ordinance is valid and applicable to the leased premises , and until Lessee has had a reasonable time after such final adjudication to cure the specified violation. 1 i I ARTICLF. 12. MISCELLANEOUS { Delivery of Rents and Notices 12.01 All rents or other sums , notices , demands or requests from one party i 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 mailing. All payments, notices , demands, or requests from Lessee to Lessor shall 1 be given to Lessor at 3509 Regina, Wichita Falls or at such other address as Lessor shall request in writing, All payments, noticies, demands, or requests from Lessor to Lessee shall be given to Lessee at P.O. Box 1431 , Wichita Fills , Texas or at such other address as Lessee shal1 request in writing. Parties Bound 12.02 This agreement shall be binding; upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors , and assigns where permitted by this agreement. r whereby the party not in def,ult —Ployes jtterneys to protect or enforce its rights hereunder and prevail , than the defaulting party agrees to pay the other party rc->asonable Attor-ney's fees so incurred by such other party. Time of Essence. 12.09 Time is of the essence in this agreement. Further Documents 12. 10 Lessor agrees that he will from time to time and at any reasonable time execute and deliver to Lessee such other and further instruments and assurances as Lessee may reasonably request approving, ratifying, and confirming this leas( an0 the leasehold estate created hereby and certifying that the same is in full force and effect and that no default thereurder on the part of. Lessee exists , except that if default on the part of Lessee does exist , Lessor shall specify it said certificate each such default. This lease has been executed by the parties on the date and year first above written. Cecil Porker, Lesser Sworn and subscribed to before me, Kathleen L. Burbank, Notary this 8th day of October, 1981. Kathleen L. Burbank Notary, Wichita County