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Min 11/17/1981 186 Wichita Falls, Texas Memorial Auditorium Building November 17, 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 Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer Horace 0. Boston Absent The invocation was given by Les McGalliard, Faith Village Church of Christ. Item 3 Alderman Hampton pointed out two instances in the minutes of the meeting held November 3, 1981, in which Alderman Shearman abstained from voting. The items were 12a, Page 177, and 12c, Page 178. Alderman Shearman stated that he would vote "No" on both these items. With the above corrections, it was moved by Alderman Thomas that minutes of the meetings held November 3 and 13, 1981, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 9c Moved by Alderman Russell that Items 4a through 9c on the consent agenda be approved. Motion seconded by Alderman Shearman. Item 4a RESOLUTION NO. 2906 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN A LEASE AGREEMENT WITH LYNWOOD EAST NEIGHBORHOOD GROUP FOR NEIGHBORHOOD CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and Lynwood East Neighborhood Group, a non-profit corporation, whereby the City leases to such corporation property for the Lynwood East Neighborhood Center, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays: None 187 Item 4b RESOLUTION 2907 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GAB BUSINESS SERVICES, INC. , PROVIDING FOR THE ADJUSTMENT OF FLEET LIABILITY AND GENERAL LIABILITY CLAIMS. 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 GAB Business Services, Inc. , providing for the adjustment of fleet liability and general liability claims, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas " Nays: None Item 5a RESOLUTION NO. 2908 RESOLUTION ACCEPTING CONSTRUCTION OF CREATIVE PLAY AREA AT WOOD MEMORIAL PARK, AND APPROVING FINAL PAYMENT. WHEREAS, the City of Wichita Falls, as owner, and Scales Concrete Construction Co. , Inc. , as contractor, entered into a contract dated June 9, 1981 , wherein said contractor agreed to construct the creative play area at Wood Memorial Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the total contract price, with Change Orders No. 1 and No. 2, is $35,432, of which $30,000 has been paid to the contractor, leaving a balance of $5,432. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the creative play area at Wood Memorial Park is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the amount due as set out above. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays: None Item 5b RESOLUTION NO. 2909 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE WEEKS STREET ASSESSMENT PAVING PROJECT. WHEREAS, the City of Wichita Falls and Timmins-Anderson Corporation, as contractor, entered into a contract dated July 7, 1981, for the construction of the Weeks Street Assessment Paving Project; and, WHEREAS, Change Order No. 1 in the amount of $3,651.68 will increase the estimated contract price to a final value of $101,787.72. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1 to the contract dated July 7 , 1981, with Timmins- Anderson Corporation, a copy of which Change Order No. 1 is attached hereto, is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays : None 188 Item 6a The low bid for front-loading containers for the Sanitation Division was ` awarded to Duncan Equipment, Inc. , Arlington, Texas, in the amount of $10,120. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays : None Item 7 Minutes of the meetings of the following board and commission were received. a. Mayor's Commission on Status of Women - October 1, 1981 b. Parks Board - October 29, 1981 Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays : None Item 8a y. Excessively high bids were rejected, and authority was granted to re-advertise for bids for removal and installation of scales at the sanitary landfill . Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith and Thomas Nays: None Item 8b Authority was granted to advertise for bids for demolition of the old San Jacinto School building for the Midtown Manor project. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith and Thomas Nays : None Item 9a A public hearing on hazardous structures was set for December 1, 1981. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith and Thomas Nays: None Item 9b A proposed ordinance appropriating monies to provide for payment of fiscal agent fees associated with the sale and refunding of Certificates of Obligation was presented. ORDINANCE NO. 3848 AN ORDINANCE MAKING AN APPROPRIATION FROM THE CERTIFICATE OF OBLIGATION FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith and Thomas Nays: None Item 9c The payment of fiscal agent fees for services rendered in the sale and refunding of Certificates of Obligation was authorized. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith and Thomas Nyas: None Item l0a A proposed ordinance was presented appropriating funds for use in making parking lot improvements at Jaycee Park. 189 Item 10a, cont'd. ORDINANCE 3849 AN ORDINANCE MAKING AN APPROPRIATION FROM THE SPECIAL REVENUE AND GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 3849 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays: None Item 11a A proposed resolution was presented authorizing the acquisition of certain property in the Expressway Village addition for public purpose use. RESOLUTION NO. 2910 RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY IN THE EXPRESSWAY VILLAGE ADDITION FOR USE FOR PUBLIC PURPOSES. WHEREAS, by letter dated February 23, 1976, Dave W. Rhone, the developer of Expressway Village Addition, granted to the City an option to purchase Lot 2, Block 19 of said addition for park purposes. Under this option, the City will pay the sum of $21,500, and in addition will pay one-half the cost of paving that part of the street which abuts the west side of the property when such paving is completed; the payment of any other subdivision development costs attributable to the land will not be required; and, WHEREAS, it is deemed to be advisable to purchase such land for a park site and fire station site. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized and directed to purchase from Mr. Dave W. Rhone Lot 2, Block 19 of the Expressway Village Addition to the City of Wichita Falls , as shown on the Revised Preliminary Plat of such addition, which plat was prepared by Biggs & Mathews, Inc. , dated August 28, 1979, and approved by the Planning Board on September 12, 1979. The purchase price will be $21,500 cash; in addition, the City shall agree to pay one-half the cost of paving that part of the street abutting the west side of said Lot 2 as shown on the above Revised Preliminary Plat, at such time as said street has been paved. Moved by Alderman Thomas that Resolution No. 2910 be passed. Motion seconded by Alderman Shearman. City Manager Stuart Bach stated that he feels they have justification for a park in this location due to the great distance from Lions Park. Mayor Hill questioned the taking of another park, no matter what the location, since the Park Board has studied and questioned the number of parks which we have. Mr. Bach stated this is for a fire station, also. Alderman Shearman asked if it is not the natural trend for the City to grow to the North since most of the manufacturing companies are located in that direction? The City Manager stated it is one of the trends. Alderman Thomas asked if the Park Board had an opportunity to review this area for a park? Bill Hursh, Director of Parks and Recreation, stated that they did about a year ago. They decided on this site for that area, and rejected all other offers. Alderman Smith is hopeful that we can get some trees in it, and Mayor Hill hopes we can make a park out of it. i 190 Item lla cont'd Roger McKinney, Director of Planning, stated that most of the land within one to two miles North of the present city limits is in our extraterritorial jurisdiction. Alderman Russell asked if these figures will cover what is needed for a sprinkler system? Bill Hursh stated that it will . The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays: None Item llb A proposed resolution was presented authorizing city participation in a joint venture to construct a parking lot at Jaycee Park. RESOLUTION NO. 2911 RESOLUTION APPROVING AND AUTHORIZING CITY PARTICIPATION IN A JOINT VENTURE TO CONSTRUCT A PARKING LOT AT JAYCEE PARK. WHEREAS, Mr. Harry Campsey and other parties whom he represents have made a very generous offer to the City of Wichita Falls to join with the City in funding the construction of parking Lots A and C at Jaycee Park; under this offer, for every $2.00 the City provides, Mr. Campsey and his parties would provide $1.00 up to a maximum of $30,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The joint project for construction of such parking lots at Jaycee Park as detailed in the letter agreement, a copy of which is attached hereto, dated November 5, 1981, between City Manager Stuart A. Bach and Mr. Harry Campsey, is hereby approved, and the City Manager is authorized and directed to proceed with the project. SECTION 2. The gratitude of the citizens of Wichita Falls for this generous contribution to the betterment of our City is hereby expressed to his associates and to Mr. Harry Campsey, who heretofore has contributed his time and talents to the City by serving on the Board of Aldermen. Moved by Alderman Hampton that Resolution No. 2911 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays : None The Board of Aldermen expressed its appreciation to Harry Campsey for this offer. Item llc Discussion was held on a proposed resolution concerning assumption of cable television rate modification authority. A motion was made by Alderman Thomas, and seconded by Alderman Russell , for adoption of the resolution declining rate modification authority. This motion and second were later withdrawn. Mayor Hill stated that he disagrees with the City Manager's recommendation on this. He realizes it is not like the other utilities, but a subscriber would be required to pay what Vista cable company asked, or not have it, because they have a monopoly. If this were truly a free enterprise then, he would agree with Mr. Bach, but it isn 't. r 191 Item llc, cont'd. The City Manager noted that if several subscribers disconnect from the cable, then it will affect Vista's pocket. Mayor Hill stated that he does not believe in a ceiling because they would raise their prices to the ceiling amount. Alderman Shearman believes we have a responsibility to the public , and he agrees with the Mayor. Alderman Thomas stated that he believes Americans in general are tired of government regulation, and this is another government regulation, in our city. Mayor Hill stated that since this Council is not likely to grant another cable franchise, then he feels we should have control . Lewis Pierce, with Vista Cablevision, stated that they have competition in St. Louis and Philadelphia. Alderman Thomas asked what happens if they do assume responsibility for rate modification, and the City turns them down, what other place can they go? City Attorney H. P. Hodge explained that if the Board of Aldermen refuses to allow them an increase, he believes they would have a right to go to court. Alderman Smith stated that since past Councils have granted them exclusive rights in Wichita Falls, then the Council should retain some control over this. Alderman Hampton noted that an individual subscriber does not have a choice of bargaining of rates. This Council is the only one who has authority to bargain for them. Even though Vista is not a monopoly, it is the closest thing we have going. RESOLUTION NO. 2912 RESOLUTION ASSUMING RATE MODIFICATION AUTHORITY OVER CABLE TELEVISION. WHEREAS, Section 22 of Ordinance No. 3305, which granted a franchise to Vista Cablevision, Inc. to operate a cable television system with the City, provides that the rates specified in Section 21 of such Ordinance shall be in effect for a minimum period of two years from the date of providing initial service, and there- after the company may establish rates from time to time by filing with the City Manager a schedule of rates 30 days prior to their implementation; and, WHEREAS, Section 22 of such Ordinance further provides that, between September 1 and November 30 of the years 1981, 1984, 1987 and 1990, and each three years there- after, the Board of Aldermen shall determine whether it will assume rate modification authority, whereby any proposed change in rates would have to be approved by the Board of Aldermen; and, WHEREAS, the Board of Aldermen finds that, at this time, the cable television company is a monopoly, there is no competition which will force the company to charge reasonable rates, and there is a need for governmental regulation of such rates. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen hereby determines that it will assume rate modification authority over cable television service at this time. For the next three years such rates shall be subject to modification only by the Board of Aldermen and only in accordance with the procedures set out in Section 22, Subsection (c) of Ordinance No. 3305. This matter will again be considered between September 1 and November 30, 1984. Moved by Alderman Hampton that Resolution No. 2912 be passed, assuming rate modification authority. Motion seconded by Alderman Shearman. Lewis Pierce stated that their basic rates are lower than most any other in the state. Ninety-nine cities have deregulated rates. Volume builds a lot of things besides just a dollar or two. We can do things better if we have more people involved. Rate regulation would be only on the basic service and installation rates. 192 Item 11c, cont'd. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , and Smith Nays : Alderman Thomas Item 11d A proposed resolution was presented authorizing the emergency purchase of a replacement pump for the Lincoln Street underpass. RESOLUTION NO. 2913 RESOLUTION AUTHORIZING EMERGENCY PURCHASE OF PUMP FOR ✓ LINCOLN STREET UNDERPASS. WHEREAS, the pump system which services the Lincoln Street underpass has quit functioning, and it is essential that this pump be replaced as soon as possible, and the purchase price of such a pump is $8,500; and, WHEREAS, Article 2368a, Revised Civil Statutes of Texas , provides that a City shall not make any contract calling for an expenditure exceeding $5,000 without submitting such a proposed contract to competitive bids; however, it further provides that this provision shall not apply when it is necessary to preserve or protect the public health of the citizens ,of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: As the emergency purchase of such pump is necessary to preserve or protect the public health of the citizens of the City, the Public Works Department is authorized to purchase such pump from the Chicago Pump Factory for the quoted price of $8,500. Moved by Alderman Shearman that Resolution No. 2913 be passed. Motion seconded by Alderman Russell . Alderman Thomas asked why we would purchase the same pump as the one installed in 1941? Joe Smith, speaking for Ernest Lillard, stated that he believed it is the one that will fit into the station we have. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays : None Item 12a A proposed resolution was presented awarding the bid for construction of the Southside Community Center. RESOLUTION NO. 2914 RESOLUTION AWARDING CONTRACT TO JOE WOOD, D/B/A JOE WOOD CONSTRUCTION CO. FOR CONSTRUCTION OF SOUTHSIDE COMMUNITY CENTER. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of the Southside Community Center; and, WHEREAS, seven bids were received, and it is found that Joe Wood, d/b/a Joe Wood Construction Co. , who bid $96,739, 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 Joe Wood, d/b/a Joe Wood Construction Co. , in the amount of $96,739 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with said contractor for the construction of such improvements. 193 Item 12a, cont'd. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays: None Item 13a City Clerk Wilma Thomas presented her certification to the Board of Aldermen ` pertaining to the initiative petition measure on the transfer station. Moved by Alderman Shearman that the Certification from the City Clerk on the initiative petition measure, be received. Motion seconded by Alderman Thomas, and carried unanimously. Item 13b A proposed resolution was presented submitting the initiative petitioners' resolution on the transfer station site to a vote of the electors. Wording of the ballot was prepared by the Committee of Petitioners. RESOLUTION NO. 2915 V RESOLUTION SUBMITTING INITIATIVE PETITIONERS' RESOLUTION CONCERNING LOCATION OF SOLID WASTE TRANSFER STATION, TO A VOTE OF THE ELECTORS ON JANUARY 16, 1982. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the initiative petitioners ' resolution, selecting the abandoned Ready- Mix concrete plant on the north side of the Seymour Highway as the site for the solid waste transfer station, shall be submitted to the electors at the election on January 16, 1982. The official ballots for said election shall be prepared so as to permit the electors to vote "FOR" or "AGAINST" the proposition which shall be stated as follows: "A resolution selecting Site A, the abandoned Ready- Mix concrete plant on the north side of Seymour Highway between Tanglewood Drive and Rogers Street, as the site for the solid waste transfer station. " Moved by Alderman Shearman that Resolution No. 2915 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays: None Item 13c A proposed resolution was presented establishing the ballot title for a referendum election on the transfer station site. Discussion was held on the wording of the ballot to further clarify the site. It was decided to include the name of Lawrence Road on the ballot, and to indicate that this is the resolution which was passed by the Board of Aldermen. RESOLUTION NO. 2916 RESOLUTION ESTABLISHING BALLOT TITLE FOR THE REFERENDUM ELECTION TO BE HELD JANUARY 16, 1982. WHEREAS, by Resolution No. 2898, the Board of Aldermen called a special election on Saturday, January 16, 1982, at which election Resolution No. 2656 shall be submitted to the electors. Such Resolution No. 2656 selected the Burlington-Call Field Industrial District location as the site for the solid waste transfer station. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: i 194 Item 13c, cont'd. The official ballots for said election shall be prepared so as to permit the electors to vote "FOR" or "AGAINST" the proposition which shall be stated as follows: "Resolution No. 2656, as passed by the Wichita Falls Board of Aldermen, which selected the Burlington-Call Field Industrial District location on Lawrence Road as the site for the solid waste transfer station. " Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Thomas Nays : None Item 13d Mayor Hill asked Police Chief Harrelson for a complete written report on the shooting last Saturday, and how our communications break down. The Board of Aldermen adjourned at 9:40 A.M. PASSED AND APPROVED this day of 1981. Mayor ATTEST: _ City Clerk f THE STATE OF TEXAS t 1 COUNTY OF VV I HITA i LEASE .a(;1'E1_­'11ENT This lease made and entered into as of the day of , by and between the City of Wichita Falls , Texas , hereinafter called Lessor , and the Lynwood East Neighbor- hood Group a non-profit corporation , hereinafter called Lessee . WITNESSETH : For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : 1 . Lessor hereby leases to Lessee the following described property situated in Wichita Falls , Wichita County, Texas to wit : beginning at southernmost SE corner of Block 20 of Lynwood Subdivision; thence with south line of block 20 N 89° 47112" E a distance of approx- imately 300 feet to a point ; thence northerly approximately 102 feet to a point for a corner; thence N 77' 13 ' 4" west approximately 175 feet to the northwest corner of Lot 19 , Block 21 of Lynwood; thence with the west and south lines of Lot 19 , Block 21 to its intersection of the west right of way at New Haven Road; thence S 120 461S8" E along the west right of way line of said New Haven Road to the place of beginning . 2 . The term of this lease shall be for a period of ten (10) years commencing on , and ending on At the conclusion of the original term of this lease , Lessee may request an extension of this lease , for not more than four (4) additional periods of five (5) years , ending on If Lessee desires an extension, it shall notify the Lessor in writing no less than sixty (60) days prior to the ending date of the original term or any extension thereof. In the event Lessee chooses not to request an extension by the specified time above, this lease and any further requests for extensions shall terminate . Lessor shall have the right to approve , reject , or modify any requested extensions . Lessee agrees that the decision of Lessor concerning an extension shall be final , conclusive, and binding upon Lessee . 3 . Lessee shall 7a to a ioL i o � I i pavable in advance at -.-e oxO,I-IItA_cI irate 0 T C jre l 0 p, with an additional ail-: do I 1-1 r or Baca r extension of this agreement . 1 4 . Lessee shall operate the Lynwood East Neighborhood Center and lease other space as appropriate . All interior renovation shall be the responsibility of the Lessee and must be approved by the Lessor prior to commencement . S . Lessee shall provide all furnishings , furniture and office equipment (including all consumable and disposable items) which are necessary for the effective and efficient operation of the office . Lessee shall be responsible for the replacement of such items . 6 . The property and strucure (s) owned by the Lessor, shall be used by the Lessee primarily for purposes and activities involving services for the Lynwood East Neighborhood Group and the tenants as are normally provided. 7 . This Lease Agreement shall remain in full force and effect according to the term of the Lease in Section 2 and cancellation provision as included in Section 13, except that, if the Lessee becomes inactive this lease may be cancelled by thirty (30) days written notice to Lessee from Lessor . 8. Lessee shall be fully responsible for all maintenance and repairs of the structure (s) , equipment and grounds . The Lessee shall be responsible for the maintenance and repairs of any structural defects and roofs . (Approved funding for these repairs may be obtained from neighborhood, city, volunteer, grant or other sources . ) Before the Lessee makes any major improvements to the structure (s) or grounds , it shall review such with the Lessor ' s City 'Manager and obtain his approval of such. Maintenance shall be accomplished continuously in a good, reasonable and workman-like manner so that the premises are maintained in as close to original condition as possible , less normal wear and tear . 9 . Lessee _-;hall pay all .it . 'I'd J :M ; e the building (s) and (,rounds here lti 1ea-_;ea c C�__-c t iti 0 on I ti.e ;'_ate of this agreement . These tor-.-,is -7taV !10 to 1 e,-TO t 4i a t I On contract with the City OF �e'ichita FaLl -; :111dlor its department,LC or any other tenants utilising the Lynwood East Xoiahl)orhood Center. 10 . Lessee shall carry sufficient fire and extended ccv--rage insurance on the structure (s) to protect the interest of the Lessor and the Lessor shall be made named insured on such policy. The Lessor ' s City Manager shall approve such insurance policy and an insurance certificate shall be on file with the Lessor at all times . Upon the effective date of this lease , the Lessee shall provide insurance coverage for 801 of the replacement value of the structure , times a square foot- age cost , and shall provide proof of the above specified insurance in the initial coverage amount of $50 , 400 . The amounts of insurance may be changed from time to time as approved by the City Manager. 11 . Lessee shall hold the Lessor harmless for any personal injury which may occur on the property or within structure (s) . Public liability insurance , in the amount of $100 , 000 per person, $300 , 000 per accident and $50 , 000 for property damage (all limits per incident) , shall be in force at all times during the term of this lease and an insurance certificate for such on file with the Lessor at all times . These require- ments may be amended from time to time by the Lessor ' s City Manager. The Lessor shall be identified as an "additional named insured" and an insurance certificate -for such shall be on file with the Lessor at all times . 12 . Lessee shall not rent or sub-lease these premises to a third party without the prior approval of Lessor. The Lessor shall review all sub-leases , excluding short-term rentals , and shall approve such leases prior to occupation by a third party. 13. In the event Lessee breaks any of the covenants of this lease, Lessor shall not 'L I'V Sk2f- ri- 10 f e C Lessor shall have 50 days to correct —the are not corrected within z h I � "-"Ise 4ria :'0 t 0 r In Ina t c-J within 15 daNs after the initial ;Jefect- correction period. Upon termination of this lease , all property owned lov the Lessor shall be returned to the Lessor in as close to its original condition as possible less normal wear and tear . IN WITNESS WHEREOF, the parties hereto have caused those presents to be executed as of the date written above . CITY OF WICHITA FALLS , TEXAS BY: ATTEST: CITY CLERK LYNWOOD EAST NEIGHBORHOOD GROUP BY : ATTEST: SECRETARY Cify of h1gd WICHITA rALL5 1300 7th Street P.O. Box 1431 817-322.5611 Wichita Falls, Texas 76307 OFFICE OF CITY MANAGER r" r November 5, 1981 Mr. Harry Campsey FWA Drilling Oil and Gas Building Wichita Falls, Texas 76301 Dear Harry: Per our conversation this morning regarding construction of parking lots A and C at Jaycee Park (as depicted on the layout I sent you on October 21, 1981) , the following was agreed to: 1. That for every $2.00 the City provides toward the aforementioned lots, you and the constructionof parties you represent would provide $1.00. Furthermore, your total matching contribution would be for an amount not to exceed $30,000. 2. That the City would prepare the construction plans and specifica- tions, advertise for bids and award a contract for construction of the parking lot improvements. At this time, we anticipate that City Council authorization to seek bids would be obtained during the Council's December 1, 1981, meeting, that a bid would be awarded at the Council's January 5, 1982, meeting, and that construction would commence within 30 days thereafter. 3. That the City's two-thirds share of the parking lot improvement project (estimated to be approximately $60,000) would be paid out before requesting payment of your one-third share. ' 4. That City Council approval of the project additionally needed City funds would have to occur obefore we priation f i could formally proceed with the project; this too would probably happen in early December. I believe the above embraces the major points of our conversation. If You concur in these arrangements and are willing to commit yourself and/or the parties you represent to them, please so indicate by signing and dating this letter in the spaces provided hereinbelow. An additional executed copy Of this letter has also been enclosed for your execution and retention. I would appreciate having the original copy (this letter) returned to my office upon your execution and dating. L Page 2 of 5 Pages "'`°'= Agenda Item No. 1I.b . r - kA f r � I i Ak iipf i'- MOUSPuitp E ' - Its p. L --- - - — - :. JAY h' i ,�..-,r' FIELD P� i j 7� IM6 LOT l d !j�am' rF7Cis ly a 'Y•:�• '�klt'? IrlWO' ►l1Ch fDAD :j — a . age 4 of 5 Pages Q � ��' FNII7�T •WIL YaRO •, 0x ...s.- Agenda Item No. r " , 11.b . GABContract Services 'r ✓� Form 449(9/81) Tailored Especially for City of Wichita Falls, Texas P.O. Box 1431 Wichita Falls, Texas 73307 Contract for Administrative, Investigative and Adjustment Services for Auto Liability and General Liability claims. Period October 1, 1981 through September 30, 1982 covering Losses and Claims Uk occurring ❑ reported during period Price -AutgLilbility I. General Liability - $143.50 per occurrence Premium Base Rate of % X Deposit payments of monthly. Final payment Deferred to Territory City of Wichita Falls, Texas Account(s) Customer Contact City of Wichita Falls, Texas Address P.O. Box 1431, Wichita Falls, Texas 73307 - Telephone GAB Account Executive Karl Giessmann GAB Office Dallas Texas Telephone 214-526-7971 Renewal Agreement To be negotiated Terms; GAB Business Services, Inc., 123 William Street, New York New York 10038 (hereinafter referred to as GAB) agrees GA—B Contract Services contract continuation Faye 2 of 4 Wichita Falls in connection with Auto Liability and Gener to provide all its usual administrative, investigative and adjustment services to City of Period of one (1) year commencing with October 1, 1981 through al Liability claims during a September 30,during is accordance with the requirements of any regulatory authority having jurisdiction. 1• In consideration of the contract agreement, GAB agrees to provide all its usual administrative, investigative and adjustment services with no additional charge, except for the following: a• City attorney will provide all defense attorneys services, either through his Office or outside counsel, and City will be responsible for paying for such services. b. City of Wichita Falls agrees to pay the cost of all experts and professional assistance required to investigate and adjust claims. All such costs shall have the prior approval of the City. C. GAB may submit any invoices or request for pa experts and other professional assistance as described bedin l of a and1b es of a above to City of Wichita Falls for payment approval. If so instructed by City of Wichita Falls GAB will make payment as outlined in 4A. Such expenses shall be classified as "allocated expenses" defined legal fees, court costs, independent medical examinations, and such other professional assistance as is necessary to properly handle all matters assigned to GAB and which it is not possible or feasible for GAB to provide with its own Personnel. No such expenses shall be incurred without prior approval of the City. Allocated expenses, when paid by GAB, will be shown on draft copies as expense items. 2• GAB will forward its recommendations regarding claim payments to the Cit o Wichita Falls for final disposition including payment. y f 3. Additional services included in this contract for service are as follows: a. GAB will provide a Key Account Representative at Wichita Falls, Texas. Key Account Representative will provide liaison between City of Wichita Falls, their representatives and GAB. 4• The contract price payable to GAB shall be determined in accordance with the following: a• GAB's charges shall be $122.50 $143.50 per occurrence for General Liabilityrence ci imsor he c tomerAutotwilland be billed for each individual file and bill will be submitted with closing report. Customer will pay each invoice as submitted. .AB Contract Services contract contlnwtion Page 3 or 4 b• It is mutually agreed and understood that during the term of this agreement GAB is the only claims administrator of City of Wichita Falls to connection with Auto Liability claims. All new notices of such claims during the terms Of this agreement will be providing administrative, inv stigative and 1 djustm nB y to GA for the purpose of services, and City of Wichita Falls shall not administer such new claims or forward or assign new notice to any claims administrator or person other than GAB, excepting cases where there is apparently no liability on the part of City and these cases will not be assigned to anyone except City attorney or Risk Management Administrator. Any occurrence forwarded to GAB more than 30 days after date of loss shall be handled on a Time and Expense basis per GAB prevailing pricing schedule. C. GAB shall at reasonable times and during normal business hours, either through its own employees or through its accountants or auditors, have the right to inspect the books and records of City of Wichita Falls for the sole Purpose of verifying total number of claims. S• The contract covers the initial period of twelve (12) months stated herein. Any continuation or renewal shall be the subject of the following options: further negotiation between the Parties. If the contract is not renewed, City of Wichita Falls shall exercise one of a• City of Wichita Falls may require GAB to conclude the handling of all open claims occurring during the contract period. b• City of Wichita Falls may require GAB to return all open files at the expiration of the contract. s• At the conclusion of the terms of this contract, an accounting shall be mad subject to paragraph 3a of the amount due either e contract but in no event shall the payment of the amount due eithermpart the deferred beyond August 31, 1983. y 7• Indemnity Agreement - City of Wichita Falls agrees that it will defend an indemnify GAB against all claims, demands d and expenses to which GAB may � Proceedings, actions, damages, costs, obligations under this agreement, if subjected caused by thee willful misconduct q f fulfilling its negligence of GAB employees, whether or not caused by the willful misconduct or negligent acts of City of Wichita Falls or its employees. 8• Indemnity Agreement - GAB agrees that it will defend and indemnify City o Wichita Falls against all claims, demands, proceedings, actions, damages, costs, and expenses, to which City of Wichita Falls may be subjected solely as a consequence of the willful misconduct or negligent acts or omissions of GAB, its employees or servants in connection with fulfilling its obligations under this ageement. GABContract Services Contract Continuation Page 4 4� of 9. During the period of this agreement, and for a Period of one year GAB agrees not to solicit for employment, or employ, any City)Of Wichita thereafter employee contacted during the performance of this agreement; and City of Wichita Falls agrees not to solicit for employment or employ during the period of this agreement and for a period of one (1) year thereafter any employee of GAB contacted by City of Wichita Falls during the performance of this agreement. 10. It is agreed that this contract shall be interpreted and construed in accordance with the laws of the State of Texas. 11. The provisions set out herein constitute the whole and entire agreement between the parties hereto and may be altered only by mutual agreement, reduced to writing and executed by authorized officers of both parties. GAB BUSINESS SERVICES, INC. r 1 By. dQd fitness Senior Vice President Date CITY OF WICHITA FALLS, TEXAS By: Witness Date CONTRACT CHANGE ORDER ORDER NO. 1 DATE: 11/17/81 CONTRACT FOR: Weeks Street Assessment Paving Project OWNER: City of Wichita Falls TO: Timmins - Anderson Corporation Wichita Falls, Texas You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGE AMOUNT I. Change in contract value due to changes in quantities of bid items. {increase} $2,439 2. Change in contract value due to changes in quantities of bid items. {increase} $1,740 3. Change in contract value due to change from Class III 36" R.C.P. to 24" R.C.P. {decrease} $527.32 Old Contract Price $ 98,136.04 {See attached payment estimate} New Contract Price $101,787.72 JUSTIFICATION: To facilitate the future concrete lining of a drainage channel which drains from the North and East, crossing Weeks Street. The amount of the contract will be increased by the sum of Three Thousand Six Hundred Fifty-One and 68/100 dollars----------------------------------------------$3,651.68. Percent increase to the original contract = 3.7% This document will become a supplement to the contract and all provisions will apply hereto. Requested: {Owner} {Date} Accepted: {Contractor} {Date} Page 2 of 4 Pages Agenda Item No.