Min 11/03/1981 165
Wichita Falls, Texas
Memorial Auditorium Building
November 3, 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 John Muir, First Christian Church.
Item 4a
A proposed ordinance was presented closing an alley in Floral Heights and
Lilly Additions.
ORDINANCE NO. 3845
AN ORDINANCE CLOSING, VACATING, AND ABANDONING AN ALLEY
LOCATED BETWEEN LOT 12, BLOCK 5, FLORAL HEIGHTS ADDITION
AND LOTS 1, 2, 3, AND PART OF 4, LILLY ADDITION TO THE
CITY OF WICHITA FALLS, AND RESERVING AN UTILITY EASEMENT.
Moved by Alderman Thomas that Ordinance No. 3845 be passed.
Motion seconded by Alderman Russell .
Alderman Shearman asked who owns the property and who requested it? Roger
McKinney, Director of Planning, stated that a portion of it is owned by John
Justice, and he was the one who requested it. It was approved by the Planning
Board.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Item 5a
A proposed resolution was presented proclaiming Physical Fitness Day.
RESOLUTION NO. 2878
RESOLUTION PROCLAIMING NOVEMBER 21, 1981 AS "PHYSICAL FITNESS DAY".
WHEREAS, it is universally recognized that physical fitness improves both the
physical and the mental health of an individual , and a regular program of physical
exercise is a very important factor in maintaining physical fitness; and,
WHEREAS, it is deemed to be in the best interest of the citizens of Wichita
Falls that they be concerned with their physical fitness, and they should be
encouraged to maintain a high level of physical fitness; and,
166
Item 5a, cont'd.
WHEREAS, on November 21, 1981 the Park and Recreation Department of the City of
Wichita Falls will sponsor the first annual Wichita Falls Fun Run to begin at Loch
Lomand Park at 10:00 o'clock A.M. , which 6.2 mile run will be co-sponsored by the
Wichita Coca-Cola Bottling Company.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
In order to bring public attention to this activity, and to stress the importance
to everyone of a program of physical exercise, November 21, 1981 is hereby proclaimed
as "Physical Fitness Day" in Wichita Falls, and all citizens who are physically
qualified to do so are urged to participate in the Fun Run.
Moved by Alderman Thomas that Resolution No. 2878 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Bill Hursh, Director of Parks and Recreation, invited the Council to participate
in the Fun Run to be held November 21. Glen Jamison, Recreation Superintendent,
presented T-shirts to all Council members.
Item 5b
A proposed resolution was presented authorizing execution of a supplemental
agreement to the lease with the National Weather Service.
RESOLUTION NO. 2879
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO LEASE WITH
UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, NATIONAL WEATHER SERVICE SOUTHERN
REGION CONCERNING OCCUPANCY OF SPACE AT MUNICIPAL AIRPORT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the City
of Wichita Falls and National Weather Service setting annual rent is hereby approved
and the City Manager is authorized to execute same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2879 be passed.
Motion seconded by Alderman Russell .
Alderman Shearman asked why this is coming before the Council 30 days late? Jack
Griffin, Acting Director of Traffic and Transportation, stated that they started this
procedure in mid August, and with their procedure they only got it back a couple of
weeks ago. The rate increase is effective October 1.
Alderman Hampton noted that the past two years the Council has passed this in
September. Did we start late or have they changed procedures on us? Jack Griffin
stated that procedures have been changed.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Item 5c
A proposed resolution was presented authorizing execution of a supplemental lease
agreement for use of space at Municipal Airport by the Federal Aviation Flight Service
Station.
167
Item 5c, cont'd.
RESOLUTION NO. 2880
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT TO THE
LEASE OF THE FEDERAL AVIATION FLIGHT SERVICE STATION
RELATIVE TO ANNUAL RENTAL OF SPACE AT MUNICIPAL
AIRPORT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAME.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain agreement, a copy of which is attached hereto, between the
City of Wichita Falls and Federal Aviation Administration, Flight Service
Station, setting annual rental , is hereby approved and the City Manager is
authorized to execute same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2880 be passed.
Motion seconded by Alderman Smith.
Alderman Shearman stated that it looks like we are contributing to the
cost of someone who has contributed so much to our community, and also
contributing to inflation. The City Manager explained that we are just breaking
even.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Item 5d
A proposed resolution was presented authorizing execution of a supplemental
lease agreement with the Federal Aviation Sector Field Office for space at
Municipal Airport.
RESOLUTION NO. 2881
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 3 TO THE
LEASE OF THE FEDERAL AVIATION SECTOR FIELD OFFICE RELATIVE
TO ANNUAL RENTAL OF SPACE AT MUNICIPAL AIRPORT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the
City of Wichita Falls and Federal Aviation Administration Sector Field Office,
setting annual rental , is hereby approved and the City Manager is authorized
to execute same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2881 be passed.
Motion seconded by Alderman Russell .
Alderman Hampton requested that the date be filled in on the contract, and
the motion was amended .to fill in today's date.
The motion was carried b the following vote.
y
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Item 5e
A proposed resolution was presented approving final estimate, and accepting
construction of Lakeshore Drive water and sewer extensions.
168
Item 5e, cont'd.
RESOLUTION NO. 2882
RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION
OF THE INSTALLATION OF WATER DISTRIBUTION AND SANITARY SEWER
LINES IN LAKESHORE DRIVE.
WHEREAS, the City of Wichita Falls and Opex, Inc. , as contractor, entered into
a contract in April , 1981, wherein said contractor agreed to construct the said
facilities; and,
WHEREAS, said construction has been completed in accordance with the plans and
specifications; and,
WHEREAS, the final estimate has been submitted on this project and shows a
total amount of work performed as $142,846.00 of which $105,404.85 has been paid
to the contractor, leaving a balance due of $37 ,441.15.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of the water and sewer lines in Lakeshore Drive is accepted
by the City of Wichita Falls , the final estimate is approved, and the City Manager
is directed to pay the contractor the amount due of $37 ,441.15.
Moved by Alderman Thomas that Resolution No. 2882 be passed.
Motion seconded by Alderman Russell .
Alderman Hampton questioned why the additional extension of the water line was
not brought before the Council before it was done? Joe Smith, Director of Public
Utilities, stated that he did not think about it since it was such a small amount.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Item 5f
A proposed resolution was presented accepting a bill of sale from Texas Electric
for street lighting system used in converting to high pressure sodium street lighting.
RESOLUTION NO. 2883
RESOLUTION ACCEPTING FROM TEXAS ELECTRIC SERVICE COMPANY BILL OF
SALE FOR STREET LIGHT SYSTEM USED IN CONVERTING TO HIGH PRESSURE
SODIUM VAPOR LIGHTING SYSTEM.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain Bill of Sale, whereby Texas Electric Service Company conveys to
the City of Wichita Falls certain facilities used for the High Pressure Sodium
street light system, is hereby accepted, and the City Manager is authorized to pay
Texas Electric Service Company the sum of $24,796.00 for such Bill of Sale.
oe
Moved by Alderman Thomas that Resolution No. 2883 be passed.
Motion seconded by Alderman Russell .
Alderman Shearman asked when this was passed by the Council ? Jack Griffin,
Acting Director of Traffic and Transportation, stated that it was a Community
Development Block Grant Program for 1980-81, and it was started in October, 1980.
The motion was carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
169
Item 5g
A proposed resolution was presented authorizing the City Manager to terminate
a contract with Nortex for administration of a portion of the CETA Program.
RESOLUTFON NO. 2884
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO
TERMINATE CONTRACT WITH NORTEX REGIONAL PLANNING
COMMISSION FOR MANPOWER SERVICES.
WHEREAS, the City of Wichita Falls no longer desires to contract with the
North Texas Regional Planning Commission to operate, plan, and deliver manpower
programs and services for Wichita County; and,
WHEREAS, the existing contract between the City of Wichita Falls and the
North Texas Regional Planning Commission permits either party to withdraw from
the contract within sixty days written notice to the other party; and,
WHEREAS, the North Texas Regional Planning Commission is agreeable to
terminating this contract.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Board of Aldermen hereby approve termination of the contract with
the Nortex Regional Planning Commission (as currently authorized by Resolution
No. 1832 passed and approved July 6, 1976) and the City Manager is hereby
authorized to terminate this contract. This contract should be terminated at
a time and date not more than 60 days hence agreeable to both the North Texas
Regional Planning Commission and the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2884 be passed.
Motion seconded by Alderman Russell .
Alderman Hampton asked why this was not done before? The City Manager
explained that before we had a larger base and more money to draw from. The
program has been reduced in size considerably, and some programs cut out
altogether.
The motion was carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6a
Bids were considered for an annual supply of 1000 gallons of malathion
91% concentrate to be used in mosquito control .
Moved by Alderman Thomas that the low bid be awarded to American Cyanamid
Company, Princeton, New Jersey, in the amount of $15.33 per gallon (bulk
quantities) .
Motion seconded by Alderman Russell .
Alderman Shearman asked if this price is F.O.B. Wichita Falls. It was
stated that it is. Kerry Brown, Health Department, stated that it is easier
to buy it in bulk quantities.
The motion was carried unanimously.
Item 6b
lids were considered on an annual supply of ready-mix concrete and bulk
cement for all city departments , effective January 1, 1982. Low bidders
meeting specifications are recommended, as follows.
170
Item 6b, cont'd.
a. City Concrete, Inc. (Ready-Mix) 3-month bid
2000# Mix (4 sk) - $39.10 cyd
2500# Mix (4-1, sk) - $40.85 cyd
3000# Mix (5 sk) - $42.60 cyd
3500# Mix (51-2 sk) - 44.35 cyd
b. A-1 Rentals & Sales (Ready-Mix) 1-year bid
2000# Mix (4 sk) - $52.50 cyd
2500# Mix (41-2 sk) - $54.75 cyd
3000# Mix (5 sk) - $57.00 cyd
3500# Mix (51-2 sk) - $59.25 cyd
c. City Concrete, Inc. (Bulk) 1-year bid
$15.25 bbl net
Moved by Alderman Thomas that the bids be awarded, as recommended.
Motion seconded by Alderman Russell , and carried unanimously.
Item 6c
A proposed resolution was presented awarding the bid for the construction of
a restroom at Wood Memorial Park.
RESOLUTION NO. 2885
RESOLUTION AWARDING CONTRACT TO JOHN J. MILLER, D/B/A J. MILLER
CONSTRUCTION CO. FOR CONSTRUCTION OF RESTROOM AND STORAGE
FACILITY IN WOOD MEMORIAL PARK.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of a restroom and storage facility in Wood Memorial Park; and ,
WHEREAS, seven bids were received, and it is found that John J. Miller, d/b/a
J. Miller Construction Co. , who made a base bid of $23,904, is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of John J. Miller, d/b/a J. Miller Construction Co. , in the amount of
$23,904 is hereby accepted, and the City Manager is authorized to execute for the
City of Wichita Falls a contract with such contractor for the construction of such
improvements.
Moved by Alderman Thomas that Resolution No. 2885 be passed.
Motion seconded by Alderman Smith.
Alderman Hampton clarified that this construction was being done right, and we
are not cutting quality.
Alderman Shearman asked who put the tile on the restrooms at Loch Lomand Park,
stating that the quality of workmanship is poor.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6d
Bids were considered on ten (10) 28 C.Y. packer bodies and trucks for the
Sanitation Department. It was recommended that the low bid for diesel powered
units be awarded to Pak-Mor Manufacturing Company, San Antonio, in the amount
of $464,617.50.
171
Item 6d, cont'd.
Moved by Alderman Thomas that the bid be awarded, as recommended.
Motion seconded by Alderman Boston, and carried unanimously.
Item 6e
Bids were considered on a video security system for the Police Department.
It was recommended that the low bid be awarded to Wholesale Electronic Company
in the amount of $12,805.
Moved by Alderman Thomas that the bid be awarded, as recommended.
Motion seconded by Alderman Russell .
Alderman Shearman noted that a Class B license is required by the State,
and the license number of the installer must be on display. Installer service
should also be considered. Don Pilcher, of the Police Department, stated
that the license number is B-1514.
The motion was carried unanimously.
Item 6f
Bids were considered on disk units for Data Processing.
RESOLUTION NO. 2886
RESOLUTION AWARDING BID FOR ONE IBM 3333-11 DISK
STORAGE/CONTROL UNIT.
WHEREAS, an additional disk storage/control unit is required and was
planned, programmed and budgeted for FY 81/82; and,
WHEREAS, funds can be transferred to appropriate account to purchase
the item; and,
WHEREAS, the City advertised for bids for such equipment; bids were
received from five suppliers , and Computer Sales International , Inc. was the
lowest bidder in the amount of $32,565.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
There is hereby accepted the bid of Computer Sales International , Inc.
for one IBM 3333 Model 11 Disk Storage/Control Unit for the purchase price
of $32,565.00
Moved by Alderman Thomas that Resolution No. 2886 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Item 7a
Moved by Alderman Shearman that minutes of the meetings of the following
boards be received.
a. Planning Board - October 14, 1981
b. Board of Electrical Examiners - October 15, 1981
c. Traffic Safety Council - October 7, 1981
Motion seconded by Alderman Russell .
The Council questioned the change in examination date from weekly to
quarterly for electricians. The City Manger stated that he would follow-up
on this .
The motion was carried unanimously.
172
Item 8a
Moved by Alderman Thomas that authority be granted to advertise for bids for
traffic control signs for 1981-82 Community Development Block Grant program.
Motion seconded by Alderman Russell , and carried unanimously.
Item 8b
Authority was requested to advertise for bids to furnish meals for the city
confinement facility.
Moved by Alderman Thomas that authority be granted to advertise for bids , as
requested.
Motion seconded by Alderman Boston, and carried unanimously.
Mayor Hill also asked about the contract for food at the Activities Center.
Item 8c
Permission was requested to advertise for bids for materials and labor to
complete the 1981-82 Community Development Block Grant street lighting program.
Moved by Alderman Hampton that authority be granted to advertise for bids,
as requested.
Motion seconded by Alderman Thomas , and carried unanimously.
Item 9a
Loretta Waggoner, of Parks and Recreation, was honored as Employee of the
Month for November. Mayor Hill presented her with a plaque, and two tickets
each to a theatre and dinner.
Item 10a
A proposed ordinance was presented suspending parking meter enforcement on
Saturdays, from November 7 through December 28, 1981.
ORDINANCE NO. 3846
ORDINANCE SUSPENDING THE ENFORCEMENT OF PARKING METERS ON
SATURDAYS, BEGINNING NOVEMBER 7, 1981 THROUGH DECEMBER 28, 1981.
Moved by Alderman Russell that Ordinance No. 3846 be passed.
Motion seconded by Alderman Shearman.
Alderman Smith stated that he is going to vote against this ordinance because
employees in the downtown area tie up the parking meters. Until this ceases,
they should not come to the Council for this.
Alderman Russell stated that she hoped the Downtown Association would be
forceful enough with their employees, especially at this special time. Alderman
Smith stated that he had not seen it in the past.
The City Manager stated that he feels perhaps it is the office type employees
who are parking on the meters, and they won't be working on Saturday.
Alderman Shearman noted that various cities suspend parking on Saturdays.
Jack Griffin, Acting Director of Traffic and Transportation, stated that the
revenue loss would be about $150.00 per Saturday. Alderman Shearman noted that
the increased sales tax alone would take up the slack. Mr. Griffin explained that
the Downtown Association has said that they will make an all out effort to keep
their employees off the meters.
173
Item 10a, cont'd.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Thomas , and Boston
Nays: Alderman ,Smith
Item 11a
A proposed resolution was presented authorizing the City Manager to execute
a contract with the Individual Development Center for continuation of maintenance
and clean-up services.
RESOLUTION NO. 2887
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE INDIVIDUAL DEVELOPMENT CENTER,
INC. , FOR CONTINUATION OF MAINTENANCE AND CLEAN-UP SERVICES.
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 Individual Development Center, Inc. , for maintenance
and clean-up services of certain City properties by vocationally handicapped
persons, is hereby approved, and the City Manager is authorized to execute
the same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2887 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
Item 11b
Proposed resolutions were presented approving and accepting certain
proposed projects as eligible blighted area projects.
Paul Latture, Executive Director of the BCI , stated that all corporations
meet the criteria.
RESOLUTION NO. 2888
RESOLUTION APPROVING THE RADIO BUILDING PROJECT AS AN
ACCEPTABLE COMMERCIAL PROJECT WITHIN THE ELIGIBLE
BLIGHTED AREA.
WHEREAS, the Radio Building project will contribute significantly to
redevelopment objective in the eligible blighted area, as defined by the
Wichita Falls Board of Aldermen, and is in furtherance of public purposes , as
defined by the Development Corporation Act of 1979, as amended; and,
WHEREAS, the Radio Building 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 Radio Building project is an acceptable commercial project
of the general office 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 Radio Building project as an
acceptable commercial project within the eligible blighted area.
174
Item 11b, cont'd.
Moved by Alderman Thomas that Resolution No. 2888 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
RESOLUTION NO. 2889
RESOLUTION APPROVING THE WHITE STORE BUILDING PROJECT OF MR.
TAYLOR AN ACCEPTABLE COMMERCIAL PROJECT WITHIN THE ELIGIBLE
BLIGHTED AREA.
WHEREAS, the White Store Building Project will contribute significantly to
redevelopment objectives in the eligible blighted area , as defined by the Wichita
Falls Board of Aldermen, and is in furtherance of public purposes, as defined by
the Development Corporation Act of 1979, as amended; and,
WHEREAS, the Whites Store Building 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 White Store Building Project is an acceptable commercial project
of the professional office 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 White Store Building Project as an
acceptable commercial project within the eligible blighted area.
Moved by Alderman Thomas that Resolution No. 2889 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
RESOLUTION NO. 2890
RESOLUTION APPROVING THE WHITE STORE BUILDING PROJECT OF MATHIS,
WEST & HUFFINES & COMPANY AN ACCEPTABLE COMMERCIAL PROJECT WITHIN
THE ELIGIBLE BLIGHTED AREA.
WHEREAS, the White Store Building Project will contribute significantly to
redevelopment objectives in the eligible blighted area, as defined by the Wichita
Falls Board of Aldermen, and is in furtherance of public purposes, as defined by
the Development Corporation Act of 1979, as amended; and,
WHEREAS, the White Store Building 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 White Store Project Building is an acceptable commercial project
of the profession office 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 White Store Building Project as an
acceptable commercial project within the eligible blighted area.
Moved by Alderman Hampton that Resolution No. 2890 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
175
Item Ilb, cont'd.
RESOLUTION NO. 2891
RESOLUTION APPROVING THE T. C. WHITE & COMPANY PROJECT
AS AN ACCEPTABLE COMMERCIAL PROJECT WITHIN- THE ELIGIBLE
BLIGHTED AREA.
WHEREAS, the T. C. White & Company Project will contribute significantly
to redevelopment objectives in the eligible blighted areas , as defined by the
Wichita Falls Board of Aldermen, and is in furtherance of public purposes , as
defined by the Development Corporation Act of 1979, as amended; and,
WHEREAS, the T. C. White & Company 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 T. C. White & Company Project is an acceptable commercial
project of the parking garage/retail 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 T. C. White & Company Project as
an acceptable commercial project within the eligible blighted area.
Moved by Alderman Smith that Resolution No. 2891 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
RESOLUTION NO. 2892
RESOLUTION APPROVING THE NATIONAL HERITAGE INC. PROJECT AS
AN ACCEPTABLE COMMERCIAL PROJECT WITHIN THE ELIGIBLE
BLIGHTED AREA.
WHEREAS, the National Heritage, Inc. Project will contribute significantly
to redevelopment objectives in the eligible blighted area, as defined by the
Wichita Falls Board of Aldermen, and is in furtherance of public purposes, as
defined by the Development Corporation Act of 1979, as amended; and,
WHEREAS, the National Heritage, Inc. 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 National Heritage, Inc. Project is an acceptable commercial
project of the professional office and parking garage 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 National Heritage, Inc. Project
as an acceptable commercial project within the eligible blighted area.
Moved by Alderman Thomas that Resolution No. 2892 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays: Alderman Shearman
RESOLUTION NO. 2893
RESOLUTION APPROVING THE MALD, INC. PROJECT AS AN
ACCEPTABLE COMMERCIAL PROJECT WITHIN THE ELIGIBLE
BLIGHTED AREA.
176
Item 11b, cont'd.
WHEREAS, teh Mald, Inc. Project will contribute significantly to redevelopment
objectives in the eligible blighted area, as defined by the Wichita Falls Board of
Aldermen, and is in furtherance of public purposes , as defined by the Development
Corporation Act of 1979, as amended; and,
WHEREAS, the Mald, Inc. 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 Mald, Inc. Project is an acceptable commercial project of the
office/retail 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 Mald, Inc. Project as an acceptable
commercial project within the eligible blighted area.
Moved by Alderman Thomas that Resolution No. 2893 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
RESOLUTION NO. 2894
RESOLUTION APPROVING THE HOLT SQUARE PROJECT AS AN ACCEPTABLE
COMMERCIAL PROJECT WITHIN THE ELIGIBLE BLIGHTED AREA.
WHEREAS, the Holt Square Project will contribute significantly to redevelopment
objectives in the eligible blighted area, as defined by the Wichita Falls Board of
Aldermen, and is in furtherance of public purposes, as defined by the Development
Corporation Act of 1979, as amended; and,
WHEREAS, the Holt Square 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 Holt Square Project is an acceptable commercial project for an
office and hotel .
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 Holt Square Project as an acceptable
commercial project within the eligible blighted area.
Moved by Alderman Russell that Resolution No. 2894 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays: Alderman Shearman
RESOLUTION NO. 2895
RESOLUTION APPROVING THE K. Y. M. , INC. PROJECT AS ACCEPTABLE
COMMERCIAL PROJECT WITHIN THE ELIGIBLE BLIGHTED AREA.
WHEREAS, the K. Y. M. , Inc. Project will contribute significantly to redevelop-
ment objectives in the eligible blighted area, as defined by the Wichita Falls
Board of Aldermen, and is in furtherance of public purposes, as defined by the
Development Corporation Act of 1979, as amended; and,
WHEREAS, the K. Y. M. , Inc. 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,
177
Item 11b, cont'd.
WHEREAS, the K. Y. M. , Inc. Project is.an acceptable commercial project for
medical offices.
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 K. Y. M. , Inc. Project as an
acceptable commercial project within the eligible blighted area.
Moved by Alderman Thomas that Resolution No. 2895 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays : Alderman Shearman
Item 11c
A proposed resolution was presented authorizing the City Manager to execute
a tax collection contract with the Wichita Falls Independent School District.
RESOLUTION NO. 2896
RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS INDEPENDENT
SCHOOL DISTRICT PROVIDING FOR COLLECTING SCHOOL TAXES BY THE
CITY TAX ASSESSOR AND COLLECTOR.
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 Wichita Falls Independent School District, whereby
the City Tax Assessor and Collector shall collect taxes for the School District,
is hereby approved, and the City Manager is authorized to execute the same for
the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2896 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: Ncne
Item 12a
The Board of Aldermen met as a Committee of the Whole to consider the transfer
station initiative petition.
City Attorney H. P. Hodge, Jr. explained the steps which have been taken up
to this time. A public hearing was held at the last Council meeting. They need
to acknowledge that they are meeting as a Committee of the Whole, and making
recommendations.
Alderman Thomas reported that the Committee of the Whole recommends that
the Board of Aldermen refuse to pass an ordinance or resolution, as requested
in the petition.
Moved by Alderman Thomas that the report from the Committee of the.Whole
be adopted.
Motion seconded by Alderman Boston and carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas , and Boston
Nays : Alderman Shearmar
178
Item 12a, cont'd.
The City Attorney stated that the Committee of the Whole report having been
made, the next step the charter requires is that final action be taken on this
matter, which would be to either adopt such resolution as they requested, or to
take final action refusing to adopt such resolution.
RESOLUTION NO. 2897
RESOLUTION REFUSING TO ADOPT AN ORDINANCE OR RESOLUTION
REQUESTED BY INITIATIVE PETITION, WHICH WOULD HAVE SELECTED
AS THE SITE FOR THE SOLID WASTE TRANSFER STATION THE
ABANDONED READY-MIX CONCRETE PLANT ON THE NORTH SIDE OF
SEYMOUR HIGHWAY BETWEEN TANGLEWOOD DRIVE AND ROGERS STREET.
WHEREAS, an Initiative Petition has been filed, requesting the adoption of a
resolution or ordinance selecting as the site for the solid waste transfer station
the abandoned Ready-Mix concrete plant on the north side of Seymour Highway
between Tanglewood Drive and Rogers Street; and,
WHEREAS, this petition has been submitted to the Committee of the Whole,
which Committee has reported the petition back to the Board of Aldermen, with its
recommendation that the Board of Aldermen refuse to adopt the requested resolution
or ordinance; and,
WHEREAS, the Board of Aldermen has considered such Initiative Petition, and
determined that the requested action should not be taken.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Board of Aldermen hereby refuses to pass the proposed resolution or
ordinance which would select as the site for the solid waste transfer station
the abandoned Ready-Mix concrete plant on the north side of Seymour Highway.
Moved by Alderman Thomas that Resolution No. 2897 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
The City Attorney explained that if the Committee of Petitioners wish to require
this matter to be submitted to the voters, then they shall certify that fact to the
City Clerk. If this is done, the next step would be up to the Council to submit
it to an election.
Item 12c
City Attorney H. P. Hodge stated that the next matter to be considered is the
referendum petition on the transfer station. The petition filed with the City
Clerk requested that this be either repealed, or brought to a vote.
The question was posed before the Council on whether Resolution No. 2656 shall
be repealed? The consensus of the entire Council was that it should -not be. repealed.
RESOLUTION NO. 2898
RESOLUTION CALLING ELECTION ON THE QUESTION OF REPEAL OF
RESOLUTION NO. 2656, WHICH SELECTED THE BURLINGTON-CALL
FIELD INDUSTRIAL DISTRICT LOCATION AS THE SITE FOR THE
SOLID WASTE TRANSFER STATION.
WHEREAS, a Referendum Petition requested that the Board of Aldermen repeal
Resolution No. 2656, which selected the Burlington-Call Field Industrial District
location as the site for the solid waste transfer station; and,
179
Item 12c, cont'd.
WHEREAS, the Board of Aldermen reconsidered such resolution, and voted not
to repeal it.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
A special election shall be held in the City of Wichita Falls on Saturday,
January 16, 1982, at which election Resolution No. 2656 shall be submitted to
the electors.
Moved by Alderman Thomas that Resolution No. 2898 be passed.
Motion seconded by Alderman Hampton and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Items 12d, e
The Board of Aldermen went into executive session at 9:45 A.M. to consider
personnel matters. The meeting reconvened at 10:30 A.M.
RESOLUTION NO. 2899
RESOLUTION APPOINTING TWO MEMBERS TO THE WICHITA COUNTY
APPRAISAL DISTRICT BOARD OF DIRECTORS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
THAT:
Kenneth Hill and James B. Thomas are hereby appointed as members of the
Appraisal District as representatives of the City of Wichita Falls. All
appointments made herein are for a two-year term beginning on January 1, 1982.
Moved by Alderman Smith that Resolution No. 2899 be passed, appointing
Kenneth Hill (replacing Clifford Burross) and James B. Thomas (replacing
J. B. Featherston) to the Wichita County Appraisal District Board of Directors
for two-year terms, beginning January 1, 1982.
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 12f
Alderman Shearman prefaced and ended the following comments by stating
that he is neither pro-union nor anti-union.
He stated that as he understands it, city employees are prohibited by
law from striking or from collective bargaining. He gave the definition
of an association, as defined by Webster's dictionary, stating that he doubted
that there were many people in the meeting who did not belong to some kind of
association.
He commented that he reads in the paper that a Milwaukee attorney, known as
a union preventor, has been hired to deal with a municipal employees association.
Since a contract has not been before the Council , he wants to know how much
this consultant is to be paid and how much with the taxpayer's money? He
would like to see our management and employees work together in harmony. He
believes this can only be done when they can meet and communicate and exchange
ideas without intimidation.
180
Mayor Hill asked how long it has been since they have had a street sweeper on
Britain Street at Avenue E? He had received a complaint about the conditions there.
Ernest Lillard will check into this matter.
The Board of Aldermen adjourned at 10:35 A.M.
PASSED AND APPROVED this day of 1981.
Mayor
ATTEST:
Cit_V Clerk
UNITED STATES DEPARTMENT OF COM�,!ERCT7
NATIONAL OCEANIC AND ATM'OSPHERIC ADz!I'NTISTa"ATION
NATIONAL WEAT-HER SERVICE SOUTHERN REGION
Fort Worth, Texas 76102
SUPPLE.',1ENTAL AGREEMENT NO. 2
THIS AGREEMENT, made and entered into on by and between
The City of Wichita Falls, Texas, whose address is Wichita Falls, Texas 76301, herein-
after called the Lessor and The United States of America, hereinafter called the Govern-
ment, witnesseth;
TH.AT, WHEREAS the parties have heretofore entered into Lease NiA79WBF00037 dated July 1,
1979 and Supplemental Agreement 1 dated October 1, 1980 covering occupancy of the pre-
mises by the Government in the Administration Building, Municipal Airport, Wichita Falls,
Texas;
z
�1'
'WHEREAS said lease has been duly renewed through September 30, 1982; and,
14HEREAS it is now the intent of the parties hereto to amend said lease to reflect an
increase in rental;
NOW, THEREFORE, it is mutually understood and agreed, by and between the parties hereto,
that, effective as of October 1, 1981, paragraphs 3 and 5 of said lease are amended, in
their entirety, to read as follows:
Paragraph 3:
The Government shall pay the Lessor annual rent of $7,650.44 at the rate of $637.54
per month in arrears. Rent for a lesser period shall be prorated. Rental checks are
to be payable to: City of Wichita Falls, Wichita Falls, Texas 76301.
Paragraph 5:
This lease may be renewed at the option of the Government' for the following terms and
at the following rentals: Seven Thousand Six Hundred Fifty and 44/100 Dollars ($7,650.44)
and otherwise upon the terms and conditions herein specified; PROVIDED, that no renewal
shall extend the period of occupancy of the premises beyond the thirtieth day of September,
1984; and, provided notice be given in writing to the Lessor at least thirty (30) days
before the end of the original lease term or any renewal term; all other terms and condi-
tions of this lease shall remain the same during any renewal term. Said notice shall be
computed commencing with the day after the date of mailing.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their name as of the date
first above written.
UNITED STATES OF AMERICA, Dept. of CITY OF WICHITA FALLS, TEK-kS
Commerce, NOAA, National Weather Service
By: By:
Title:
Title:
STANDARD FJRNI 2
FEBRUARY I'kS ELMON
GENERAL SERVICES U-S. GOVERNMENT
ADMINISTRATION SE FOR Rr-.AL PROPERTY
FPR(41 CFR)1-t6.601 L A
DATE OF LEASE LEASE NO
DTFA07-82-L-01014
THIS LEASE, Made and entered into this date by and between
CITY OF WICHITP% FALLS, TEXAS
Municipal Airport
whose address is Route 4, Box 8
Wichita Falls, TX 76301
and whose interest in the property hereinafter described is that of O'.'1NER
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Go,.ernmen(:
WITINESSETH: Ile parties hereto for the considerations hereinafter mentioned,covenant and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
A total of 2,554 square feet Of bare space located in the Airport
Administration Building on the Wichita Falls Municipal Airport,
Wichita Falls, Texas; and as more particularl
shown in Paragraph 9,
Space Occupancy Schedule hereof. y
tobeusedfor Flight Service Station and Sector Field Office Shops
2. TO I IAVE AND TO HOLD the said premises with their appurtenances for the term be
ginning on
.......lactober---1-1---1-981------------------------------ through .....�ep��mber 30, 1982
nafter set forth.
and renew'al rights as may be herei. bject to termination
3. The Government shall pay the Lessor annual rent of 5 7 6
... ... ............................. ----------------- ...............
at the rate of S ............... Government Fiscal Quarter
------------ ----- per
Rent for a lesser period shall be prorated. Rent checks shall Ile inade payable to: in arrears.
LESSOR
wholly or in part
4. The Government may terminate this le,se/11 an)' ti'lle by giving at least ---thi.rty...(30). -,%'
da� notice in %%rit'
to the*Lessor and no rental shall accrue after tile effectke date of (ermination. Said no(ice shall lie computed colllnlc'rnt�
ing with(lie(lay after tile date of mailing.
provided notice be gi%en lig I,) tile Lussor at le.ist
........ .......... dits bufore the :n,l of the ()r*L;,Iljl
lease term
Of ln%* ren in; all other terms and conditions of thi
s le-"c �11-111 renmill tile same durint: in% r��rieljl l".".
-----------
6. The Lessor shall furnish to tile Go,ernrnent, as part of the rental t1le following:
Janitor-i6l , custodial and utility services as more particularly
set forth in Articles l8and 19 attached hereto.
�7-
7. The following are attached and made a Part hereof:
ne General Provisions and InsLructions (Standard Form 2-A,
2- Special Lease Provisions (Articles 9 th May---1-970— edition).
rough 19)
8. The following Chan
ges were made in this lease prior to its execution:
The words "wholly or in part" were added to Article 4. Article 5 was
deleted. Article 11 on Standard Form 2-A was deleted. Articles 17
and 18 and Amendment 2 noted as page 3 were added to Standard Form 2-A.
Disputes Clause was added.
IN WITNESS
written. WHEREOF,, the parties hereto have hereunto subscribed their names �Is of the date fir
BY---------------------------jj7-------------------------......
IN PRESENCE OF: ignature) ----------------------------
ur
---------------------------------------
M. --------------------------
------------------------------- ---
--------------
By
MT� e)------------------—----- -------C-ontract,
;TANDARD FORM 2 --------i ng__ cer---------------------------
'F-SRUARY 1961 ECITI-�N Wil) . --
U- -S- GOVERNMEN'T PRINTING OFFICE L974 0-
DEPAR"LIENT OF TRA1,4SPORTATION
FEDERAL AVIATION AD,MI2\1ISTRATIC'!
SOUTHWEST REGI0.\J
POST OFFICE BOX 1689
FORT WORTH, TEXAS 76101
Lease No. DOT-FA73SW-1163
Sector Field Office
Ter,minal Building, Municipal lirport
a 1-1-
Wichita Falls, Texas
SUPPLEMENTAL AGREEMENT- NO. 3
THIS SUPPLEMENTAL AGREEMENT-, made and entered into this day
of --- 1981, by and between THE UNITED STATES—0F AME—RICA,
hereina t��'—called the Government, represented by the Federal Aviation
Administration, and THE CITY OF WICHITA FALLS, TEXAS, hereinafter called
the Lessor, whose address is Municipal Airport, Route 4, Box 8, Wichita
Falls, Texas 76301, WITNESSETH, That:
WHEREAS, on the Ist day of March 1973, the parties hereto entered
into Lease No. DOT-FA73SW-1163, as amended by Supplemental Agreement No. I
dated September 8, 1976, and Supplemental A-reement No. 2 dated September 3,
0
1980, for the considerations and Purposes more particularly stated in
said lease; and
WHEREAS, a request for renegotiation to increase the custodial and
utility service rate was given boy the Lessor by letter dated June 18, 1981;
and
WHEREAS, in accordance with Artic'le 11 of said lease, as amended,
it is mutually agreed that .the custodial and utility service rate shall
be adjusted from $2.45 per square foot to $2.65 per square foot for 400
square feet for an increase of $80.00 per annum.
NOW, THEREFORE, effective October 1, 1981, the parties hereunto agree
to amend the basic lease, as amended, in tile following particulars only, viz:
a. Article 33: Amend annual rent to read �1,972.00 at the rate of
$493.00 per Government Quarter in arrears.
b. Article 9: Amend "Custodial Rate" column to read $2.65 per square
fo.ot. Cfi�n—geamounts shown under said column to read as follows:
a. SFO Chief's Office $294.15
b. Secretary/Reception Area 392.20
C. Supply Spec. /Storage Area 137.80
d. Storage/Training Area 235.85
�1,060.00
Change "Total" to read $1,972.00 per annum.
Supplemental Agreement No. 3 to
Lease No. DOT-FA73SW-1163
Sector Field Office
Terminal Building, Municipal Airport
Wichita Falls, Texas
c. Article 10: Chan1ge rental to read $1,972.00 per annum.
ALL OTHER TERMS AND CONDITIONS of the basic lease, as amended, are
hereby ratified and except as amended herein shall be and remain the same.
IN WITNESS WHEREOF, the parties hereto have executed this aareement
as of the date and year first above written.
THE CITY OF WICHITA FALLS, TEXAS
By:
Title:
THE UNITED STATES OF AMERICA
By:
LOTTIE M. KIRSCH
Title: Contracting Officer
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA
THIS CONTRACT made and entered into as of the day of
by and between the Individual Development Center, Inc . ,
hereinafter called "IDC" , and the City of Wichita Falls , herein-
after called "City" .
WITNESSETH:
I .
IDC, as an independent contractor, hereby agrees to employ
crews of vocationally handicapped persons composed of one (1 )
supervisor for each six (6) vocationally handicapped employees .
These crews will carry out assigned work authorized by the City
of Wichita Falls , which may include but will not be limited to :
- cleaning and sweeping curbs and gutters
- picking up litter and debris
- storm drain clearing and cleaning
- removing growth from concrete and other surfaces .
Ii .
The IDC crew supervisor will accept work assignments from
the City of Wichita Falls . The IDC crew supervisor shall provide
satisfactory documentation of all Extended Rehabilitation Services
records, including but not limited to daily work/task location
logs and time sheets . The IDC crew supervisor will work forty (40)
hours a week, and the crew members will each work a maximum of
thirty-five (35) hours weekly . Training for the supervisor and
employees will be provided by the City . All tools and materials
needed to carry out the project will be supplied by the City .
III .
IDC will be responsible for completing work assignments
thoroughly and satisfactorily, with the acceptability of the work
performed to be determined by the City. IDC will be responsible
for informing the Extended Rehabilitation Services supervisor at
the Texas Rehabilitation Commission of work assignments . Cost
effectiveness analyses will be the result of joint effort between
-2-
the City and IDC with the City determining the time frame in
which such analyses shall be accomplished.
IV.
IDC will bill Community Council monthly for standard agency
reimbursement of each month ' s Extended Rehabilitation Services
fees for supervisory costs . The City shall reimburse IDC all
remaining contract costs (such as payroll , accounting, super-
visory overhead, and administrative services) that are documented
by IDC according to standard accounting practices .
V.
IDC, through the Community Council , or otherwise , will
assure that a vehicle is available for the transportation of
project employees from a predetermined location(s) to assigned
work sites . The vehicle will be stored, maintained and fueled
at the expense of the City . The vehicle will be insured by or on
behalf of its owner.
Vi .
IDC shall operate hereunder as an independent contractor
as to all rights and priviledges herein contained, and nothing
herein shall be construed as creating a partnership or joint
enterprise between IDC and the City. IDC further covenants and
agrees to indemnify, hold harmless and defend the City and its
respective agents, servants and employees from and against any
and all claims for damages or injuries to persons or property to
whatsoever kind of character, whether real or asserted, arising
out of or incident to IDC ' s operations arising under or incident
to the provisions of this contract ; and IDC hereby assumes as
between the parties to this contract all liability and responsi-
bility for injuries , claims or suits for damages to persons or
property of whatsoever kind or character, whether real or asserted,
occurring during the term of this agreement arising out of or by
reason of IDC ' s operations arising under or otherwise incident to
the provisions of this contract . IDC further agrees to purchase
4
-3-
and have in effect the following:
( 1) Worker ' s compensation for all employees .
(2) Automobile liability for IDC-owned vehicles with limits
of $250 , 000/$500 , 000 bodily injury ; $100, 000 property
damage ; $2 , 500 medical payments and $10, 000/$20, 000/
$5 , 000 uninsured motorist protection .
Texas Multi-Peril policy which provides all risk
coverage on buildings and contents and comprehensive
general liability with limits of $300, 000 bodily
injury and 100/$100, 000 property damage on
center operations facilities .
(4) Excess umbrella liability in the amount of $1 , 000, 000.
The policies of insurance stated in Section VI 2 , 3 and 4
shall state that the City is additionally insured and that
no term of policy will be altered, nor will the policy be
cancelled without thirty (30) days written notice to the City .
A certificate of insurance shall be filed with the City on each
Policy of insurance stated in Section VI 2 , 3 and 4 .
VII .
This agreement is effective from and on 1981 ,
and will remain in effect until September 30, 1982 , and
thereafter upon 30 days written notice of intent to continue
the contract by either party. This agreement may be terminated
at any time with thirty (30) days written notice by one party to
the other party.
VIII .
Not withstanding anything in this contract to the contrary,
both parties specifically agree that the total maximum liability of
the City under this contract for salaries , overhead, expenditures ,
-4-
materials , supplies , and all other items shall not exceed the
sum of Twenty-Four Thousand ($24 , 000 . 00) Dollars .
Executed in duplicate originals the date first above
mentioned.
CITY OF WICHITA FALLS , TEXAS
ATTEST : BY :
Stuart A . Bach, City Manager
Wilma Thomas, City Clerk
APPROVED:
H.P. Hodge, City Attorney
ATTEST: INDIVIDUAL DEVELOPMENT CENTER, INC.
BY:
Richard F. Weber, Executive
Director
THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA 0
That tl-ds contract and agreement made and entered into by and
between the City of Wichita Falls, a Municipal Corporation, and Wichita Falls
Independent School District.
WITNESSETH:
1.
It is agreed among all parties hereto that the City Assessor and
Collector shall act as an agency and instrumentality for collecting the taxes
for the Wichita Falls Independent School District and shall perform all the
duties imposed and possess all the power and authority given by the statutes
of the State of Texas , with respect to the collecting of school taxes for and in
behalf of said Wichita Falls Independent School District.
11.
It is further agreed that as full compensation to the City of Wichita
*d Assessor and Collector, and
Falls for the services herein required of its sal chool District, the
its other officers and employees for the benefit of sa I id S its Board of Education
Wichita Falls Independent School District by and through
shall pay to the said City fifty percent (50%) of the total direct and indirect
costs to collect taxes for the City and School District to be computed as
follow s: (1) As direct costs, the total approved budget for the City Tax
Collection office- dget for the City Tax Collection
(2) Add 10% of the total approved bu and overhead support.
office as indirect costs for administration
(3) Add the salary of a City Attorney I Plus 15% for fringe benefits.
(4) Add 6% of the total approved Data Processing budget.
The City will ,make available to the School District the proposed budgets as
described above and the final budgets as approved by the City. The School
District shall make seven equal payments to the City of the total amount due
beginning on November jo of each year and ending on May 10 of each year.
III.
The said City of Wichita Falls agrees and obligates itself to maintain in
its tax office modern accounting methods, which shall provide that in separate
columns on a ledger or roll maintained for the purpose shall be posted the
thereOl as ,11-ctecl for the Wichi
and receipts L
'dual amounts ly
dailv deposit slips shoWincr separate
Falls Independent School District; that ted and placed to the credit
the amount Of current and delinquent taxes collec
of said School District in the depository of the school funds, shall be fur-
nthly reports Of all sums of money collected
nished said District; that MO Board of Education for each and every
shall be made to said District and the hall be paid to the
month ; that all interest and penalties collected on taxes s nses of
School District; that all stationery, roll books , stamps and other expe
collection of current and delinquent taxes, penalties and interest, are to be
paid for by the City-
IV.
It is further agreed and understood that the said District and its
Board of Education are to set its own tax rate-
V.
It is further agreed and understood that the said City Assessor aTid
Collector shall furnish a bond in the sum of $25,000-00; said bond to be
payable to the President of the Board of Education of Wichita Falls Independent
nditioned that said
School District and his successor in office, and to be co
collector will faithfully collect the taxes due for school purposes within said
District and will pay same over to the depository of said District daily as nd
collected, and will faithfully perform the duties imposed upon him by law a .
this contract, for the benefit of said District9 and bond shall cover the period
from October 1 to and including September 30 for each yearly period during
said bond shall be executed by an
which this contract is to be in effect; that aid Board of Education, and all
approved surety company and accepted by S ta Falls independent School
premiums thereon shall be paid by the Wichi
District.
V1.
It is also agreed that a taxpayer who offers to Pay his city taxe s
shall be required, if possible, to pay at the same time his taxes due to the
Wichita Falls Independent School District. The time for payment of school
taxes may be extended only by the School Board.
V11.
It is further agreed that said City may in its own name, or in the
name of said School District, bring and prosecute any and all suits which May
3
be found necessary for the collection of said School taxes, but said City
shall not have the power or authority to compromise or dismiss without full
payment any suits involving taxes belonging to aid District without first
obtaining the consent of their Board of Education.
Vill.
Attorney's services for collection of delinquent taxes are to be fur-
nished to School District by the City, and the City shall file suits for
delinquent taxes when suits for delinquent city taxes are filed, provided,
'thdraw from the
however, that said School District reserves the right to wl nt or accounts,
collector of taxes of the City of Wichita Falls any tax accOu
which they may elect, and place the same for collection with any attorney
selected by said School District. If this latter option is taken by the
School Board, item 11, (3) , shall be eliminated from the total cost Of
ining proportionate costs
collecting taxes for determi
IX.
The contract and agreement is not to be construed as the appointment
of City Tax Assessor and Collector as the Tax Collector of the Wicl-dta Falls
independent School District, and he shall not be considered as holding the
office of Tax Assessor and Collector of the Wichita Falls independent School
District, but the purpose and intention of this contract is that the City Of
Wichita Falls, Texas, collect all taxes, penalties and interest for the full term
of this contract in accordance with its terms and conditions as herein fully
set forth.
X.
Said School District and the City Of Wichita Falls shall concur in the
appointment of and the amount of compensation to be paid to the Board of
Equalization, so long as such Board of Equalization is required by law.
XI.
The School Board reserves the right to have the books of the District
audited at any time it may elect.
Xii.
It is contemplated by the taxing departments to this contract that
delinquent taxes will in the future, as in the past, when agreed upon, be paid
in monthly installments, and in such event, it is agreed that all installments so
4
paid shall be among the respective taxing departments as their interest
t' Z:�
therein appear, according to the tax records of the respective ta-ding
departments.
Xill.
it is further agreed that this contract shall have become effective
on the 1st day of October, A.D. , 1981, and shall be and remain in full
force and effect until the expiration of the 30th day of September 1982.
Thereafter this contract shall be automatically renewed for a like period of
time on a year-to-year basis unless and until either party gives written
notice of intention to terminate at least 30 days before the next yearly
period ensuing, provided, that if at any time , either of these contracting
parties shall fail to comply with their obligations hereunder, the party so
aggrieved shall give the defaulting party written notice particularly descriptive
of its noncompliance with the terms of this contract, and such defaulting party
shall have thirty (30) days in which to comply fully with the terms of this
agreement, and upon failure to do so, the aggrieved party shall have the right
to rescind this contract in its entirety and each of these contractors shall be
placed in status quo as before the execution of this agreement. However, any
monies paid the City shall be retained by the City in the event such contract
is forfeited.
IN TESTIMONY WHEREOF the parties hereto have executed this
instrument in duplicate, this day of 9 A.D. 1981.
CITY OF WICHITA FALLS
BY:
ATTEST:
WICHITA FALLS INDEPENDENT SCHOOL
DISTRICT
BY :
Presi ent of Board of Education
ATTEST:
Secretary, Board of E ucation
Wichita Falls Independent
School District