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Min 09/07/1982 i 422 Wichita Falls , Texas Memorial Auditorium Building September 7, 1982 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. Gary D. Cook Mayor Gene Shearman John W. Hampton � Carol G. Russell Aldermen Craig A. Wilson Howard M. Morris Howard 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma H. Thomas City Clerk Fred Werner Chief Accounting Officer - - — — — — — — — — The invocation was given by James Palmer, Floral Heights United Methodist Church. Item 3 Moved by Alderman Shearman that minutes of the meeting held August 17, 1982, be approved. Motion seconded by Alderman Russell , and carried unanimously. I - - — — — — — — — — i Items 4a - 8d Moved by Alderman Shearman that Items 4a through 8d on the consent agenda be approved. Motion seconded by Alderman Boston. Item 4a ORDINANCE NO. 82-82 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE, UNPAVED, NORTH-SOUTH ALLEY IN BLOCK 47-A OF THE HIGHLAND ADDITION TO THE ' CITY OF WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston. Nays : None RESOLUTION NO. 141-82 RESOLUTION APPROVING FINAL ESTIMATE AND CHANGE ORDER #1 FOR 1982 WATER LINE REPLACEMENTS (HARLAN LANE & PIEDMONT AVENUE) WHEREAS, the City of Wichita Falls and Rhode Pipe Company, as Contractor, entered into a contract February 15, 1982, wherein said Contractor agreed to construct the 1982 Water Line Replacement; and, WHEREAS, Change Order #l , adjusting the unit quantities for a net decrease of $405.00, has been submitted; and, WHEREAS, said construction has been completed and inspected in accordance with the plans and specifications ; and, 423 Item 5a, cont'd WHEREAS, the final estimate, including Change Order #1 , has been submitted which shows a total amount of work in place of $140,575.00, of which $126,517.50 has been paid to the Contractor, leaving a balance due of $14,057 .50. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the 1982 Water Line Replacements is accepted by the City of Wichita Falls, Change Order #1 and the final estimate are approved, and the City Manager is directed to pay the Contractor the amount due of $14,057 .50. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 5b RESOLUTION NO. 142-82 RESOLUTION ACCEPTING REMODELING OF POLICE BUILDING BY MEYERS BROS. INC. WHEREAS, the City of Wichita Falls, as owner, and Meyers Bros. Inc. , as Contractor, entered into a contract dated April 12, 1982, wherein said Contractor agreed to remodel the Police Building; and, WHEREAS, said remodeling has been completed in accordance with the plans and specifications; and, WHEREAS, the total contract price for such project is $36,186.00, of which $32,371 .96 has been paid to the Contractor, leaving a balance of $3,814.04. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The remodeling of the Police Building 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 Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 5c RESOLUTION NO. 143-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A DISTRIBUTION EASEMENT AND RIGHT-OF-WAY TO TEXAS ELECTRIC SERVICE COMPANY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain distribution easement and right-of-way, a copy of which is attached hereto, from the City of Wichita Falls to Texas Electric Service Company, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 5d RESOLUTION NO. 144-82 RESOLUTION APPROVING ASSIGNMENT OF BUDGET RENT A CAR LEASE AT WICHITA FALLS MUNICIPAL AIRPORT TO METRO RENTALS, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: i 424 Item 5d cont'd That certain assignment, a copy of which is attached hereto, whereby Jay-Wey Investments, Inc. , d/b/a/ Budget Rent a Car of Wichita Falls assigns to Metro Rentals, Inc. , that certain Budget Rent a Car lease agreement at Wichita Falls Municipal Airport, is hereby approved, and the City Manager is authorized to execute such assignment for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6a I The low bid for an annual supply of computer paper, cards and special forms for data processing was awarded to Moore Business Forms in the amount of $45,730.79. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 7a RESOLUTION NO. 145-82 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE 1981 COMMUNITY DEVELOPMENT PAVING PROGRAM. WHEREAS, the City of Wichita Falls and Timmins-Anderson Corporation, as Contractor, entered into a contract dated August 4, 1981 , for the construction of the 1981 Community Development Paving Program; and , WHEREAS, Change Order No. 1 has been submitted which shows an increase to contract quantities and the addition of one item for a net increase price of $12,000.00; and, WHEREAS, such change order will provide the concrete cul -d-sac on Ft. Worth Street and paving improvements on Perigo Street to complete the Ft. Worth Street bridge removal . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, that; Such Change Order No. 1 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays : None Alderman Shearman asked how long it will take to get this work completed? Ernest Lillard stated it would take three weeks. Item 7b RESOLUTION NO. 146-82 RESOLUTION ACCEPTING CONSTRUCTION OF JAYCEE PARK PARKING LOT BY ZACK BURKETT CO. WHEREAS, the City of Wichita Falls, as Owner, and Zack Burkett Co. , as j Contractor, entered into a contract dated March 5, 1982, wherein said Contractor agreed to construct Jaycee Park parking lot; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the total contract price for such project is $90,829.50, of which $81 ,386.74 has been paid to the Contractor, leaving a balance of $9,442.76. i r f 425 It6m 7b cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the Jaycee Park parking lot 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 Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays : None Item 8 a - d Minutes of the meeting of the Human Relations Commission held June 22, 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Planning Board held August 11 , 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Design Review Commission held August 19, 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Minutes of the meeting of the Aviation Advisory Board held July 22, 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 9a Todd Gates, an employee in the Planning Department, was honored as Employee of the Month for September. Mayor Cook presented him with a plaque and two tickets to a theatre and dinner. Item l0a A public hearing was opened on the proposed annual budget and work program for the fiscal year 1982-83. City Manager Stuart Bach addressed the proposed budget through a series of transparencies. He stated that the general fund is the largest fund, and the largest expenditure is in the area of personnel costs and bonds issued. He stated that 11z positions have been cut back in the general fund. The largest expendi- tures are in the Police and Fire Departments due to an increase in pay, and a new fire station on Missile Road. The weed lot program has been consolidated in the Code Enforcement Department. Positions have been cut back in the Health and Traffic Departments. One person has been designated as Transit Systems Manager for both Airport and Transportation Divisions. Certain positions have been cut in these departments. i 426 Item 10a cont'd. There will be a slight increase in revenues at the Activities Center. The hotel-motel tax is expected to increase. The overall revenues in the transit fund are down $118,000. We will still be subsidizing our bus system, but at a much less rate than last year. Bus rates will be increased somewhat. Some routes have been cut out, in addition to six positions in the transit system. We will also purchase some smaller busses which will cut down on the operation expenses. Water and Sewer revenues are primarily up. Expenditures are also up somewhat. We plan to purchase a computerized system for meter readers. Utilities, electricity, and chemicals are our greatest costs. Five positions have been cut in the Wastewater Treatment facilities. Mr. Bach stated that only the operating budget has been presented. It does not include our capital improvements program. No one else desired to be heard, and the hearing was closed. Item 10b i A public hearing was opened on the proposed general revenue sharing budget. The City Manager again presented a series of transparencies. The revenue sharing budget totals $1 ,309,922. Alderman Shearman questioned the expenditure of $212,000 in Bellevue Park in 1981 . We are now looking at another $35,000 plus $85,000 for the Wichita River Greenbelt. While both are viable projects, it seems it would be better to put this money in updating our fire equipment for the safety of lives and property of the citizens. This would be a higher priority than in parks. We need to put our priorities in the right perspective, and safety is more valid than parks projects. The public hearing was closed. Item 10c A public hearing was opened on a proposed Sheppard Air Force Base/ Wichita Falls Airport height-hazard and land use zoning ordinance. Director of Planning, Roger McKinney, stated that at the last Planning Board meeting they voted that the ordinance be presented to the Council for their consideration. A public hearing has been set today, after which the Council may take whatever action they desire. I Alderman Hampton pointed out that the next step is the public hearing, but there is nothing that required the Council to take action today. Mayor Cook requested that all persons appearing hold their remarks to five minutes. Bruce Martin, P.O. Drawer 876, Iowa Park, Texas, appeared as attorney retained by citizens opposed to these height restrictions. This involves examination of taking land without due process of law. He stated that there is no need for this type of ordinance. The land necessary for effective zoning has been previously purchased by the Air Force in fee and easements. It has been 42 years since the original land was set aside for Sheppard. Only six accidents have occurred at Sheppard in the last twelve years. There have been no injuries to any civilians or property damage to these civilians in this area unless there was damage to crops where a plane landed. Where the severity is greatest, there are no known developments, nor none planned. It is strictly an agricultural area. There is very little residential density at all . There are no water and sewer services in the area that would allow residential areas. There is also the noise level . L 427 Item 10c cont'd. Alderman Shearman noted that the federal government has paid these people from $39.00 to $115.00 per acre for an air easement over these people's property. He asked Mr. Martin why they paid for an air easement? Mr. Martin stated that he feels it was for protection of their pilots, and for taking an easement. It would be to avoid a lawsuit. Recognizing that this air easement was bought and paid for by the federal government, has this land depreciated in value, and if so, to what extent? Mr. Martin stated that the Army Corps of Engineers indicated that it would, in fact, devalue the property because of any inconvenience. Alderman Shearman noted that the Wichita County Appraisal District has devalued the property 30 ;percent. Mr. Martin did not know how many other people's property has been devalued by them, but in this particular area, the County's tax base will be reduced. Alderman Shearman read the first paragraph of the ordinance, asking if he sees this as taking an air easement for the use of the public? Mr. Martin stated that the taking of the land would be for the use of the public, but it would benefit Sheppard Air Force Base solely. Mr. Martin stated that he is familiar nvith Article I , Section 17 of our State Constitution. It deals with the taking of property without just compensation and due process of law. Alderman Shearman asked if any of these ordinances in other cities have been taken to court? Mr. Martin stated that they have. He mentioned the Pittsburg airport cases, and the San Antonio River Authority case. The first one went to the United States Supreme Court. These two cases are not the only ones , but they stand out in his mind as pertaining to this case. City Attorney H. P. Hodge, Jr. discussed the Allegheny airport case. These planes came across his house at such a close distance that he claimed this constituted the taking of his property. The United States Supreme Court ruled that if you take an air easement by constantly flying airplanes so low over his house that it materially prevents him from enjoying his house, then it constitutes taking an easement. In the Caussey case they were coming over his house 50-60 feet. He had a chicken farm. The chickens were flying into the side of the coop and killing themselves. If we took an air easement, and no airplane continually comes over, then he feels the Griggs Caussey case would not apply. Mr. Martin noted that if they find it is necessary, why don't they just add a compensation schedule in the ordinance to land which is affected? Alderman Wilson mentioned water and electricity in that area. Mr. Martin stated that the only electricity available is for the very few homes already there. It is not feasible to add other electrical service because the land is agricultural . When it is not going to be residentially developed, Texas Electric cannot bear the cost for it. Judy Boyette, 508 E. Hurst, requested that the land not be taken by height control . The Air Force has already taken this. Unless they will pay and the people give them permission, they have no right to take it. She stated that this is not for the people's health, safety, and welfare. It is for some reason that they are not telling them. Roger Cranipton, attorney, 505 Lamar, represents a group of people most of whom do not live in the City of Wichita Falls. He stated that he does not believe this is the proper forum for arguing the constitutionality of this ordinance. He feels they will be asked to look at this ordinance for scare Al tactics. He discussed compatible use as it relates to anti-noise. He stated that the Director of Planning would have almost dictatorial authority. It is also an umbrella over 65 square miles, which includes the downtown business district of Wichita Falls. We have 150 feet height downtown. It will exceed the heights which we already have. It is also taking property without compen- sation. The State Statute under which this ordinance has its authority to be passed provides that you can give these people just compensation for taking their property. This was left out or the ordinance. Another thing wrong with with this ordinance is that you force litigation for enforcement of it. This is the only method these property owners have. ' 428 Item 10c cont'd. Mr. Crampton suggested that they sack the present ordinance. Send it back to the Planning Board and tell them to modify the 65 mile umbrella clause. Make provisions for paying compensation to some of these people. Join the County in this because under the State Statute they can join with them. Most of these people live in the County. Alderman Shearman asked Mr. Crampton if the Fifth Amendment to the constitution provides for just compensation? Mr. Crampton stated that it does. The constitutional issue always comes down to a question of fact. You are exposing the City budget to innumerable claims. What kind of jurors will pass on this? Many of them will come from the County, and they will not mind sticking the taxpayers of Wichita Falls. Alderman Shearman stated that it is his belief that a man's conscience is his best opinion regarding our laws, and asked if Mr. Crampton believes that to some degree? Mr. Crampton stated that he had a professor who said to try to figure out what is right and wrong, and when you find out what is right you will find law to support it. Alderman Shearman mentioned the 14th Amendment, asking Mr. Crampton if he believes this ordinance to be equal protection under the laws? Mr. Crampton stated that he believes a brief can be made on both sides. If the provision of the legislature gives the Council authority over these people, certainly there is some law in other jurisdictions which have had some problems which would give them authority over this. Alderman Shearman stated that his conscience dictates that there is quite some problem of the state and federal constitution. City Attorney H. P. Hodge, Jr. stated that he would look into this. Chester Cox, Route 1 , Box 702, stated that he lives three miles north of Sheppard. He stated that we still have not heard anyone argue for it from the public. He stated that this is the liability of Sheppard Air Force Base; not the City of Wichita Falls. We are talking about 65 square miles valued at $1000. per acre. If it must be passed, why not put it to a referendum and let the citizens of Wichita Falls vote on it? City Attorney H. P. Hodge, Jr. stated that he would hesitate to say that a referendum could be held on this because there is some authority that zoning is not subject to the referendum. Comprehensive zoning is not subject to referendum. He is not sure about airport zoning. Mr. Cox stated that we need to be good neighbors. We need to get this enabling act off the books. We are not trying to close down Sheppard Air Force Base. They are well protected. If they need other land, Congress will be happy to provide it. David Kimbell , 4319 Lake Park Drive, spoke in opposition to this ordinance. He stated that his family owns a 400-acre tract of land setting at the end of one of the runways. This land would fall under one of the most restrictive provisions of the ordinance. In December, 1981 a structure burned down on this tract of land. He does not believe the Planning Board saw fit to include this one piece of equity. They would not be compensated. The broad principle is that it is the taking of property rights without any form of compensation. If they are passing it in order to encourage Sheppard Air Force Base to remain the viable part of the community that it is, then we run into the problem of taking the property without just compensation. We fall into more big brotherism of telling people what they can do with their land. He objects for personal reasons of not being treated equitable, and also with taking property rights without due compensation. It will be challenged by the courts, and he feels it would go all the way to the Supreme Court. He would object to his tax money being spent to defend something which he feels is morally wrong. City Attorney H. P. Hodge, Jr. gave the Council his opinion on the legality and constitutionality of it. He stated that he cannot tell them the exact janswer. Back in 1957 a treatise was written on Municipal law. All but eight states have airport enabling acts. This is not unusual , unheard of piece of legislation. I Ili 429 Item 10c, cont'd With regard to air easements the Allegheny Airport case stated that it is their airport and the City is the one that is going to have to pay, if anyone does. The public has the right to use the air space. The question we are looking at is if we are taking the property rights without compensation. Courts have said that the owner of property has the right for the amount of air space that he may reasonably be expected to use. He does not think they would be reasonably expected to build something over 500 feet high. The second question is if you do interfere with the airspace right, does it constitute a constitutional taking? Both the United Stated Constitution and the State Constitution states that you shall not take property without compensation. The Texas Constitution states that you shall not take or damage property without just compensation. He feels that we could not say that this ordinance constitutes a taking of property. You have to look at individual situations. He does not believe that you can say categorically that any of these property owners have a right to damages. There is a law that states a person can suffer minimal damages, if it is not substantial , without taking of property. If this ordinance is passed there may be some pieces of property that they might be able to prove in court that it was substantially affected, and they were entitled to compensation. The comprehensive zoning ordinance applies to everyone in town. It has been upheld in court. Mr. Hodge stated that in his research he has found some cases in which they talked about the constitutionality of airport zoning. None of them are in Texas. He stated that it would be his best opinion that it would be constitutional to pass the ordinance, but as far as any individual piece of property goes, it might be held by a court that it would be taking a constitutional rights that the City of Wichita Falls might have to pay some damages. Alderman Shearman stated that the constitutionality rests in court as well as the individual who votes on this. We will probably get several Texas cases if this is passed. He explained that he swore to uphold the Constitution of the United States, and the State of Texas. If he votes for this ordinance as is proposed here, he would breach his oath of office. He does not feel comfortable with this ordinance. Alderman Wilson stated that the spirit under which this legislation comes to us is contrary to our basic system of laws. We had a joint City-County board which could have addressed this. He does not know why we did not use this vehicle. He wishes a representative of the Air Force were here to address this ordinance. He wonders what the extent of the need is, and what is the best mechanism to address this need, and who is going to pay for it. He does not believe this mechanism set forth in front of us is in the spirit of our constitution and system of laws. Bob Haley, 4404 Weeks Park, Lane, stated that he was formerly with the Air Force, and also a member of the City staff. He is a current member of the Military Advisory Board. He stated that this legislation was not only passed for Wichita Falls, but was part of an omnibus bill that affects all . If the government were taking care of the problem it would not be before us now. It is a city problem. Sheppard Air Force Base is an 800 million dollar per year industry. We enjoy a fantastic airport facility with little cost to us. This is a benefit to the citizens. We have an allied training program at Sheppard. People do not really appreciate the impact of this yet. Germany and eleven other nations are affected. Flying activities have been restricted or shut down in other areas because of incursions from outside activities. It is the Council 's decision. It is a community decision. We have to decide if we want the Air Force to remain in our community, and come up with some facts which would assure them remaining here. It can be solved. Alderman Wilson stated that he does not question the need for Sheppard Air Force Base in our area, but what we need to do to insure that their needs are met. The public hearing was closed. 430 Item lla A proposed ordinance was presented transferring funds within the General Fund to make a reimbursement to the Federal Emergency Management Agency. Certain enhancements made to various parks facilities following the tornado were disallowed. A motion was made by Alderman Boston, and seconded by Alderman Morris that the ordinance be passed. Alderman Wilson asked who was responsible for doing this consulting with their guidelines? City Manager Stuart Bach stated that he guessed it was hard to tell what were enhancements, and what were not. Alderman Hampton stated that to the best of his recollection they knew they were expanding it, and were told they would not receive all of these monies. He questioned the $53,000. Mr. Bach stated that it is actual enhancement. Alderman Hampton stated that they were narrow in their regulations. One example was a school which was destroyed, and the school district wanted to relocate it, but they would not be funded if they did so. Further discussion was held on transferring this money from the Police Department as proposed. It was decided to appropriate it, rather than transfer it. OR'DINANC'E NO. 83-82 AN ORDINANCE APPROPRIATING "FUNDS FROM. THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Wilson that Ordinance No. 83-82 be passed, as amended, by deleting the transfer and appropriate from the General Fund equity. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None - - - - - - - - - - Item llb A proposed ordinance was presented in the amount of $26,447. transferring funds within the general fund to make emergency flood-damage repairs to Weeks Park Golf Course. Bill Hursh, Director of Parks and Recreation, stated that he thought they could take some grass from certain greens and repair others with it so that they do not have to replace all of it. He stated that the above amount will not cover the drainage. It would cost $96,000. to do the whole project. Alderman Hampton emphasized that we should do it right or don't do it at all . To do it right, we should spend the $96,000. He told Mr. Hursh that he should stand up and tell the Council what they need to do to make it right. Alderman Shearman stated that he believes this is one of the few park areas that pays for itself. The Council amended the ordinance to appropriate $48,000 to do 10 greens because that is all the Parks Department will be able to do at this time. The money will also come from the general fund equity. ORDINANCE NO. 84-82 AN ORDINANCE APPROPRIATING FUNDS WITHIN THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Wilson that Ordinance No. 84-82 be passed, as amended, by appropriating $48,000 from the general fund equity. 431 Item llb, cont'd Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item llc A proposed ordinance was presented increasing the homestead exemption for persons 65 years of age and older. ORDINANCE NO. 85-82 ORDINANCE AMENDING SECTION 28-6.1 OF THE CODE OF ORDINANCES, TO INCREASE THE RESIDENCE HOMESTEAD EXEMPTION OF PERSONS 65 YEARS OF AGE OR OLDER. Moved by Alderman Shearman that Ordinance No. 85-82 be passed. Motion seconded by Alderman Wilson. Alderman Shearman asked why we can't raise this exemption to $15,000 this year? City Manager Stuart Bach stated that this would decrease our revenues by $36,000 more. Alderman Hampton commented that these exemptions snowball . When you start exempting people you end up destroying the equal taxation theory. Alderman Shearman stated that these people have lived and worked in the City of Wichita Falls. He does not believe it will be an exceptional hardship to exempt them. Quick calculations showed that it would mean only $7.00 to $8.00 difference for each property owner for the year. Moved by Alderman Shearman that we grant an exemption of $15,000. Motion seconded by Alderman Wilson. Alderman Russell commented that we are moving in this direction in planning, and for practical business order she would hate to see us deviate from the plan. A great deal of thought has gone into this plan. She stated that she would have to vote in the original progression that was designed to get us to this point. The motion failed by the following vote. Ayes: Alderman Shearman Nays: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris , and Boston. The motion for the original ordinance was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item lld A proposed ordinance was presented appropriating participation paving fund monies. ORDINANCE NO. 86-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE PARTICIPATION PAVING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No. 86-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 432 Item lle A proposed ordinance was presented awarding a contract for the 1982 Capital Improvements Street Construction program. A benefit hearing will be held on October 5, 1982. ORDINANCE NO. 87-82 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR PORTIONS OF AVENUES, STREETS, AND PUBLIC PLACES DESIGNATED AS THE 1982 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTION PROJECT 82-1 IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Moved by Alderman Wilson that Ordinance No. 87-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 12a A proposed resolution was presented authorizing the City Manager to execute an agreement with Harper Perkins Architects for design of a new fire station on Missile Road. RESOLUTION NO. 147-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN j AGREEMENT WITH HARPER PERKINS ARCHITECTS ASSOCIATED WITH THE DESIGN OF A NEW FIRE STATION TO BE LOCATED ON MISSILE ROAD. 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 Harper Perkins Architects, associated with the design of a new fire station to be located on Missile Road, is hereby approved with a provision that the maximum fee be $13,500, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Morris that Resolution No. 147-82 be passed. Motion seconded by Alderman Boston. Alderman Russell asked if we are still using the rotating system of architects? City Manager Stuart Bach explained that it was cheaper to use the same architect on this station as had been used on Johnson and Miller Road fire stations. i Alderman Shearman stated that it costs more per square foot to build a fire station than a custom home. Ernest Lillard stated that fire stations are built more maintenance free. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None I i I 433 Item 12b A proposed resolution was presented authorizing execution of an agreement for preparation of a water distribution system master plan. RESOLUTION NO. 148-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PREPARATION OF A WATER DISTRIBUTION SYSTEM MASTER PLAN AND RELATED ITEMS. WHEREAS, the City of Wichita Falls proposes to have prepared a water distribution system master plan and related items, and has requested proposals from engineering firms to do this work; and, WHEREAS, six proposals were received, and it has been determined that the proposal of Rady and Associates, Inc. should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract for engineering services for the preparation of such plan and related items, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Russell that Resolution No. 148-82 be passed. Motion seconded by Alderman Boston. Alderman Hampton asked what the words "most responsive" .mean, and does the State law read "most responsible"? City Attorney H. P. Hodge, Jr. stated that there are two different laws. One law states "most responsible bidder On the law governing professional contracts he would only have to guess, and he does not want to do that. The City Manager felt that this was done properly. Derrel Johnson, President of Rady and Associates, Inc. , explained that this is an unique type of study. No comprehensive system has been done since 1952. It deals with a very basic service of water supply. It will be a determination of deficiencies in the existing system, and to determine what is the most cost effective way to solve those deficiencies. This will be done on a computer program. They have taken a technical approach to solve these problems. They have done this for Waco. An energy audit probably pays for their fees. Alderman Wilson stated that he was impressed with the professionalism exhibited by him in contacting the council members. He was concerned that if there was a local firm who could do it then he would prefer that. Mr. Johnson stated that they will utilize information used in the rate study. Waco was finished in 1980 or 1981 . J. C. Boyd, Executive Director of Midtown Now, asked if in his study would he give to the Council the potential replacement schedule of the downtown system? Mr. Johnson stated that he is not sure about the replacement schedule, or which way costs more than another method of fixing it. They probably will not recommend replacement of the downtown water pipes. The problem will be addressed, but he does not yet know the answer. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 434 Item 12c A proposed resolution was presented authorizing execution of an agreement for the collection of delinquent taxes. A 15 percent fee will be assessed. RESOLUTION NO. '149-82 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH PERDUE, BRANDON, BLAIR & FIELDER, ATTORNEYS AT LAW, FOR COLLECTION OF DELINQUENT TAXES. WHEREAS, the City of Wichita Falls has heretofore advertised for proposals for the collection of delinquent taxes; and, WHEREAS, one proposal was received, that being the proposal of Perdue, Brandon, Blair & Fielder, Attorneys at Law of Ft. Worth, Texas, and this proposal is found to be fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Perdue, Brandon, Blair & Fielder, Attorneys at Law of Ft. Worth, Texas , for collection of delinquent taxes, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. i Moved by Alderman Morris that Resolution No. 149-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 12d A proposed resolution was presented authorizing the sale of three vacant lots to Community Action Corporation. RESOLUTION NO. 150-82 RESOLUTION AUTHORIZING SALE TO COMMUNITY ACTION CORPORATION OF THREE VACANT LOTS PURCHASED AT TAX SALE FOR RELOCATION OF EXISTING HOUSES FOR OCCUPANCY BY FLOOD VICTIMS AND SENIOR CITIZENS. WHEREAS, the three properties hereinafter described were purchased by the City (for the use and benefit of itself and other taxing agencies) at tax sales following court judgments for delinquent taxes; and, WHEREAS, Section 34.05 of the Texas Tax Code provides for the sale of such properties; and, WHEREAS, Community Action Corporation desires to purchase such vacant lots for relocation of existing houses for occupancy by flood victims and senior citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The sale of the following tracts of land for the prices shown to Community Action Corporation is hereby approved, and the Mayor, as provided in said statute, is authorized to execute deeds for the City of Wichita Falls, to-wit: Lot 15, Block 8, Scotland Addition (1218 North Ninth Street) ; Price $1 ,000. Lot 25, Block 1 , Rivers Addition (1215 Gladiolus) ; Price $950. Lot 21 , Block 2, Homewood Addition (439 Tulsa Street) ; Price $900. i 435 Item 12d cont'd Moved by Alderman Shearman that Resolution No. 150-82 be passed. Motion seconded by Alderman Boston and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 12e A proposed resolution was presented suspending operation of a proposed rate increase by Lone Star Gas Company. RESOLUTION NO. 151-82 " RESOLUTION SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY LONE STAR GAS COMPANY FOR A PERIOD OF 120 DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Lone Star Gas Company did, on August 11 , 1982, file a schedule of rates for gas service within the City of Wichita Falls to become effective September 16, 1982; and, WHEREAS, it is the opinion of the Board of Aldermen of the City of Wichita Falls that such schedule of rates should be suspended for a period of 120 days from and after September 16, 1982, for further study, investigation, presentation of evidence and public hearings; and, WHEREAS, a copy of this resolution has been provided Lone Star Gas Company prior to its consideration by the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Pursuant to Section 43 (d) of the Public Utility Regulatory Act of Texas , the operation of the Lone Star Gas Company proposed rate schedules filed with the City of Wichita Falls on August 11 , 1982 is hereby suspended for a period of 120 days from and after September 16, 1982, for further study, investigation, presentation of evidence and public hearings. Moved by Alderman Shearman that Resolution No. 151 -82 be passed. Motion seconded by Alderman Boston. David Liles, Manager of Lone Star Gas Company, stated that their earnings are three percent, which is not enough to keep them a viable operating business. He requested a temporary rate increase during the time of suspension for the rate increase. In order for Lone Star to be allowed to operate without undue financial burden, he requested that they be allowed to institute temporary rates, with any refunds made to users at the end of the rate hearings. They would stand a 60-day suspension, but a temporary rate increase is requested if they go to the 120 day period. Alderman Wilson asked what is the net effect of these losses: He stated that the company would have to stand the loss. Mayor Cook asked when was the last time dividends were increased? Mr. Liles stated that he did not know whether they were raised last quarter or not. The motion was carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 436 Item 12f A proposed resolution was presented authorizing the refund of tax overpayments. RE'SOLUT10N NO. 152-82 RESOLUTION APPROVING REFUNDS OF TAX OVERPAYMENTS. WHEREAS, Section 31 .11 of the Texas Tax Code provides for refund of overpayment or erroneous payment of taxes; however, if the amount of the refund exceeds $500, the governing body must also determine that the payment was erroneous or excessive and approve the refund; and , WHEREAS, the Finance Department has determined that the hereinafter set out tax payments were overpayments and were erroneous. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen finds that the following tax payments were over- payments and erroneous, and the refund of such overpayments to the entities shown is hereby approved: American National Management Corporation $23,454.54 Lake Ridge Village, Joint Venture $ 1 ,282.48 Jimmy Morris $ 1 ,248.06 North Texas Federal Savings and Loan $ 1 ,721 .92 Foster Mortgage Company $ 6,032.22 Moved by Alderman Russell that Resolution No. 152-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris and Boston. Nays : None (Alderman Hampton was out of the room) Item 13a It was recommended that the low bid for a high pressure sewer cleaner and manhole vacuum cleaner for the Sewer division be awarded to Environmental Sales and Service, Inc. , Hurst, in the amount of $87,990. Alderman Morris asked about this equipment. It is the same as the Camel except the hopper is smaller. Alderman Wilson asked Dane Bennett if he is pleased with this bid? Mr. Bennett stated that he is. City Attorney H. P. Hodge, Jr. also stated that he feels comfortable with it. No size was specified on the debris tank. Mr. Hodge was sorry that we did not put this in the specifications. Mr. Bennett does not feel that we are buying a truck too large. Alderman Morris asked Mr. Hodge if he feels the bid process was handled fairly, and he stated that he did. He recommended that the tank size be put in next time. Alderman Wilson asked why no pre-bid conference was held? Mr. Bennett stated that he had a telephone conversation with all of them, and they did not take any exceptions. Alderman Hampton stated that it is hard to believe that we have this controversy goinq on ,over this. When we don't spec right we have to suffer. He thought the intent was clear that we wanted them to re-bid on what we looked at before. Mr. Bach stated that it is hard to spec everything. Alderman Wilson stated that none of us in business would operate under the criteria we have here. Mayor Cook stated that we need to look very carefully at the bid process established by the Council . The vote to award the bid to Environmental Sales and Service was carried unanimously. - - - - - - - - - - 437 Item 14a Moved by Alderman Shearman that authority be granted to advertise for bids 'for water treatment plant improvements. Motion seconded by Alderman Boston, and carried unanimously. Item 14b Permission was requested to advertise for bids for Colonial Park storm water pump system. Moved by Alderman Shearman that authority be granted to advertise for bids for the pumps. Motion seconded by Alderman Boston. • Alderman Shearman asked how many gallons per minute would they pump? It was noted by Ernest Lillard that they are asking for a 10-year storm. They are asking the company to design their own system, and we will look at the one best for our needs. He feels we will wind up with two 25,000 gallon pumps instead of one 50,000 gallon. It seems to be cheaper to put in two for less horsepower than one with more horsepower. Alderman Shearman stated that we want something that is efficient, and not only cheap. He also asked if we could take bids on a 50,000 and a 75,000 gallon pump. Mr. Lillard stated that we could. Alderman Hampton asked how do we know what we need to handle the capacity for a 10-year flood until we have a comprehensive drainage plan? Mr. Lillard stated that drainage that normally flows in Colonial Park is isolated. He stated that McGrath Creek goes into Colonial Park at about the 30-year flood. Alderman Shearman stated that it happened in 1979 and 1982. Alderman Wilson asked if all of our storm sewer systems have been checked to see that they are not clogged? Mr. Lillard stated that all inlets had been checked in the City. Ninety-nine percent of the stoppage would be in the inlets. They have not checked every pipe. The motion was carried unanimously. Item 14c Moved by Alderman Morris that authority be granted to advertise for bids for the 1982 Street Improvement Program. Motion seconded by Alderman Russell . Mayor Cook asked about Harrison from Kell to Avenue F, stating that it was bad down by the Baptist Church. Mr. Lillard stated this is the worst part. The motion was carried unanimously. Item 15a Police Chief Harrelson addressed the proposed Police Department vehicle take home program. They have outlined some of the departments that have used this method. Improved accountability, improved vehicle maintenance, and reliability are important factors, along with improved response time. Available patrol time is increased. There is more officer time on the street by traveling to and from Central Garage for maintenance. Mayor Cook stated that it looks like a very in-depth report. Alderman Wilson emphasized that this is an example of the type of information he would like to see from department heads in the operation of their departments, and showing how they can be more productive. 438 Item 15a, cont'd Mayor Cook asked about the cost of the first year? Chief Harrelson stated it would be $405,000, not including the pool vehicles. Moved by Alderman Morris that this item be included in the budget for next year to be voted on. Motion seconded by Alderman Shearman, and carried unanimously. The Board of Aldermen recessed at 12 :30 P.M. for an executive session pursuant to Article 6252-17, Subsection (g) of the Revised Texas Civil Statutes. The meeting reconvened at 3:40 P.M. - - — — — — — — — — Item 15c Moved by Alderman Hampton that Glen Martin and Patricia Lee Allred be appointed to the Mental Health-Mental Retardation Center Public Responsibility Committee for terms to expire August 31 , 1983, with the approval of the County. (replacing Billie Woodard and Betsy Harper) Motion seconded by Alderman Morris, and carried unanimously. Moved by Alderman Hampton that Bettye Sanders be appointed as the Planning Board representative to the Motor Vehicle Salvage and/or Junk Yard Commission for a term to expire February 17, 1983. (replacing Wheeler Smith) Motion seconded by Alderman Wilson, and carried unanimously. Mayor Cook noted that the Council will request that the time of the meeting of the Design Review Commission be changed so that the current Council member can continue to serve. The Board of Aldermen adjourned at 3:45 P.M. PASSED AND APPROVED this day of � 1982. Ga Mayor ATTEST: Wilma J. Thomas, City Clerk II i i i i 0 DISTREBUTION EASENENT AND RIGHT-OF-WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ---•WICHITA__-_-_-_ THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREI14 That BY AND THROUGH ITS DULY AUTHORIZED OFFICERS Wlchlta ..Count Texas, for and in consideration (herein referred to in the singular, whether one or more) of.................._._.._........_............_.... y, � o f One and...No/10 0-------------=---------•-----.--- - -.-. -.-Dollars ($-1�.0.0....................... j to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out Wichita__ bv said Company, along, over, under, across and upon the following described lands located in...................... . . _... Bounty, Texas, to wit: Being described as Tract 1 out of Block 13 , of the Southside Farms Addition, Wichita County, Texas , and being more particularly described in that certain deed as recorded in Volume 1323 , Page 848 , Deed Records of Wichita County, Texas, to which reference is made for all purposes . The centerline of the 10 foot wide easement herein granted is described as follows : BEGINNING at a point 5 feet West of the Northeast corner of the above said Tract 1; said Tract 1 being a 39 .56 Acre tract of land. THENCE South, parallel to the East line, 805 feet to a turning point. THENCE South 730 17 ' 15" West, 167 . 68 feet, to a turning point; THENCE North 880 42 ' 24" West, 581.30 feet to a turning point; THENCE South 550 West, 395 feet to a point in the South line. Granter recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hc7reby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances or. said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of said lime, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns,until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above dcscribe(i easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS .......................................hand this....... day of ..................................._............................................ 19......... Company Agent or ATTEST: THE WIC HITA FALLS, A MUNICIPAL Employee Securing Easement: _.._.._...CITY._......_..OF_..................................................................................... CORPORATION Page 2 of 5 Pages _.._. _......_-...-._..-......... A genda..i tQm._N.S 5.C. -._.._.._.._........._._. . Wilma J. Thomas BY: ....Stuart. . A. Bach, City Manager CityClerk _._.__..-•--..............................................................-......_....._........._. ., li Z O: �� G j d GWW�7 'fir ' w' [-i U Q O F+ E+: O: ,. (� F1,'. I �� fir"• �i• �i A .U 7 o m 'I o 'l, n Cd CS U v �' O ai w0 ` A> ; wu [ ej 8p0 E= �• Ei: H: F e q o m xi 14 H Hi z d O C-4 LJ Q ' Cl� V2 i U b 4ID 0 a H I �' W E" ►" c" c o C7� i o w H .�3 U U THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared STUART A. BACH, CITY MANAGER , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION Page 3 of 5 Pages Agenda Item No.5.c. a corporation, and that he executed the same as the act of such corporation for the purposes and consideration th-Errm expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County,Texas. t j THE AMERICAN INSTITUTE OF ARCHITECTS I AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the twenty-fifth day of August in the year of Nineteen Hundred and Eighty-Two BETWEEN the Owner: The City of Wichita Falls P. O. Box 1431 Wichita Falls , Texas 76307 and the Architect: Harper Perkins Architects 4724 Old Jacksboro Highway Wichita Falls , Texas 76302 For the following Project: (Include detailed description of Project location and scope.) A fire sub-station in the north part of the City of Wichita Falls , to be known as Fire Station #9 . The Fire Station is to be an adaptation of the large Fire Station that we did for the City under our Contract dated 8 March 1978 . This Contract is to site adapt that Project exactly as built and to administer the Construction Contract. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1%1, 1%3, 1966, 1%7, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 • O\%NER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA* • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 Page 2 of 13 Pages Agenda Item No.12.a, TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1,5 CONSTRUCTION PHASE-ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1,2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1,3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT B141 - O%VNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - IULY 1977 - AIA3 - ©1977 THE AAIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.1V., WASHINGTON, D.C. 20006 B141-1977 3 Page 3 of 13 Pages Agenda Item No. 12.a. 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'siallew jayio to salnds!p 'swlEla aayio Aue S'L ydelSeJed ui paquasap sE iaal!y3jV aqi jo suo!1 uo suolslaap s,iaai!gDjv ayi •sivawnaoQ iaejiuoD aqi -eb!lgo jo sail!l!q!suodsai 'siySu ayi Appow iou lleys uo!i ;o lualul ay1 y1!M luaislsuoa ;! leu!} aq Heys 1aa}}a a!ls!iJe -eivasaldai iaafoid yans;o Sulgs!wn;ayi 1nq'�lioM aqi u! of Su!1ela� s�ailew u! suolslaap s,laai!ya�V ayl LL'S'L SaI3uaI3l;ap pue siaa;ap isUIESe jauMO aqi jo} u0113alojd -AI!aedEa vans ul yi!e; layijn} ap!nojd 01 Joneapua lleys laal!yalV ayi 'sanl;eivaS pooS ui pajapuai uo!s!aap ao uo!lEialdjaw! Aue ;o ilnsaj -alda-1 laafwd vans Aq suo!leAjasgo ayi ySnojyi E'9'L ayi ao; alge!l aq iou lleys pue 'Jayi!a of Al!le!iied Moys •sanlieivasajda-M laafoad vans lou lleys 'JO1aeJiuo' aqi pup jaumo ayi yloq Aq aaue ;o Al!joylne ;o suo!lei!wil pue sail!l!q!suodsai 'sa!1np aqi -wio}jad fn}yl!e; amaas of JOneapua IIEys laally:)jy ayi aynsap IIEys y3IyM 'luawaalSV s!yl of papuadde 1!q!y aSpnf Pup lalajdjaiu! ;o Al!3edea ayi ul woo} a!ydEjS -xa ue uI yi�o} 1as se iaai!y3�V ayi pup �auMO ayuaaM1 Jo uailuM uI aq IIEys pup sivawnaoa iaejiuo' aqi Luol; -aq paajSe Alleninuj se jo;ajayi palesuadwoa aq Ileys algEja;u! (Igeuoseaj pup ;o ivaiui ayi 41!M luaislsuoa aq 1aal!g3jV ayi pue 'iaai!yajV ayi Aq pai3aj!p pup paAold Ileys iaai!gajV ayi}o suolslaap pup suo!leiajdjalul OL'S'L -wa 'pai3alas aq lleys sanjlEivasaldad 13afoJd yanS Z'9'L •sivawnao(i lae11uO:) aqi }o uo!leiaidialui ayi jo )IoM •al!s ayi le sail!!!q!suodsai vans ino SUTAJIB3 ul laal!yaJV aq1 }o ssa�So�d to uo!inaaxa aqi of SuIiElal JOiaeJluO' ayi isISSE of sanlieivasaida-S 1aafOJd a10w to auo ap!n aqi pue aaumo aqi uaaMiaq uollsanb ui siailew jaylo pue -oid IIEys iaai!gDjv ayi 'pap!nad aq lleys S-L ydE�Seled sainds!p 'sw!ep lie uo `aw!i aigeuoseaj e UIyiIM 'suo!su ui paquasap sI ueyl ails ayi le uo!leivasaidal aAISual -ap uailuM Iapuaj lleys pue 'lolaeJluOD ayi to JauAAO ayi -xa afoul leyl aajge laai!yajV pup jauMO ay ;l L•9•L aayi!a ;o lsanbal uaii!jm uo ssauldwoad algeuoseaj yi!M TOM ayi ;o ssaiSoid jo uo!lnaaxa jadad ayi jo; tiessa S3JIA113S JISVB(INOA38 NOIlV1N3S3)id3H 1J31O8d 91 -aau suo!leiaidialui aapuaa lleys laai!gajV aqi •Jo1aEJiuOD -iaal!yaJV ayi pue aol3eai puE JauMO ayi yloq Aq aapunajayi aauewjo;jad ayi -uOD ayi 'lauMO aql jo luasuoa uall!aM inoyl!M papuaixa ;o abpnf aqi pup sivawnaoQ lmuluo:) ay }o sivawaimb to pal;!pow aq iou Ileys uo!ianjisuoa Suunp anlieivasal -aj aqi ;o aaiaidjaiui aqi aq llegs laal!yalV ayl 6'S'L -daj s jauMO aqi se laai!yalV ayi }o Aiuoylne 10 suo!lel! •wnS iaeliuoD -w!l pup sa!i!l!q!suodsaj 'sa!inp aqi }o ivaixa aqi 9L'S'L ayi ;o lunoaae uo p!Ed sAauow ayi pasn sey 101ae1iu0D •ivaw ayi asodind ley,H JO} pup Moy ululiaME 01 u011eu'wLxa -APd lo; alea!}ilia' leu!; a anss! lleys Pup 'aoiaeJluOD aqi Aue apew sey iaal!yajV ayi ieyl uo!ieivasajdaj a aq iou Aq palgwasse pue sivawnaoQ iaeaiuoD aqi Aq pai!nbai Ileys luaw/(Ed Jo} a1eal;!iaa' E ;O aauenss! ayi 'JanaMOH sluawn3op paielai puE saliuejjeM ua11uM MalnaJ s,JauMO •pa!}!ijaa iunowe aqi uI ivawArd of pall!lua sl lolaEjluo' ay jo; lauMO ay of pleMJo; pue an!a3al lleys 'uollald aqi ieyi pup 'OuaujAed IO; a1eal}!llaD aqi uI paleis suo!1 -wo3 feu!; pup uo!laldwOD lElluelsgnS ;o sale ayi aulw -E3I}!lenb a!j!aads Aue of pup'uo!laldwoa of loud algel3aj -jalap of suo!13adsu! 13npuo3 lleys i3al!y3jV aql SL'S'L -ioa sluawnDO(] 1aEJiuoD ayi wa} suo!lE!nap Jou!w of sivawnaoQ iawjiuoD ayjapun pawao;jad to Aq pai!nb sivawnaoQ _al sisal luanbasgns Aue ;o silnsal ay of 'uollaldwOD 13eiiuoD ayi ;o ivaiui aqi yi!M ivais!suoaul iou aye ya!yM lelluelsgnS uodn sivawnaoQ 13eJluOD ayi Om a3uewjo; awli iaeJlUOD ayi ;o uo!suaixa up to wnS 13ejiuoD ayi u! uo:) �o; 'i�oM ayi }o uo!ienlPAa ue of 13afgns) sivaw �I ivawisnfpe uE Sulnlonu! lou joM ayi ui sabuey3 jou!w -n3Oa 1aeIiuo:) ayi y1!M a3uepioaae u! sl IJOM ayi ;o Ap lapio of Ai!joglnE aney lleys pup'sluawn3oa iaeaiuo'ayi _lenb ayl'jai laq pue uoliewjo;u"aSpalMoul s,laal!yaJV 31-11 yilM aaueploa3e ui uo!1n3axa pup lenoidde s,lauMO ayi ;o 1saq ay of 'ieyi 'paiE3lpu! lu!od aqi of passaiboid sey lo; slapaO aSuLgD aledald Ileys iaal!galV ayi tL'S'L 11oM ayi ieyi 'luawAled lo; uolieallddV s,jolaelluo' ay 'ivauodwoa a sI wal! ayl ya!yM ;o Algwasse Su!sudwoa Eiep ayi uo pue i,•S•L ydelSejedgnS uI pap!n ue ;O lenoidde aiea!put lou lleys wai! :)!;!:)ads a ;o lenojd -ad se ails ayi 1e suo!iEAJasgo s,laal!yajV ay uo paseq -de s,iaal!yajV aqi ou asnea of se os ssauidwojd 'lauMO ayl of 1aal!yajV aqi Aq uo!lquasaldai a aini!isuoa algeuoseaj yi!M ualei aq IILgs uoliae yanS •sivawnaoa )legs luau.IAed JO} alEal;!iJa, a ;o aauenssi aqi g'S•L i3eJlUOD aqi ul uaAIS uOliewJo;u! ay yi!M pup j'oM •sivawnaoQ i3ejiuo:) aqi uI pap!nold se ayl jo idaauoa uSlsap aqi yi!M aauewao;uoa ao} Aluo 'slunowe vans ul luawAed 10; saiea!;!ljaD anssi lleys pue inq 'saldweS pue eiea ianpad 'SSuIMeJa doyS se y3ns luaul/+ed Jo; suo!iea!lddV s,JoiaeJluo' ayl }o suo!leniena slull!wgns s,ioiaejiuoD ay uodn uogae aieudoidde aayio uo pue ails aqi le suo!lenlasgo uo paseq JoiaeJlUOD aqi of 01121 Jo anoldde pue MalnaJ lleys 13al!yajV ayi EVS'L SuIMo siunowE ay au!wjalap lleys 13al!y3jV aqi •paialdwo3 jo pallels •ssa.iSad 10 uollunclaid ul sI i! Janalagm 110M -uI 'pale3uge; uayl aq ljoM y3ns lou jo aagiayM 'sivaw ayl of SSaaaE aney saw!i Ile le IIEys 1aai!y3jV aqi 9'S L -naoa iaejluo:) aqi ;o suolSlnoid ayi yi!M aauepjoaae ul J1OM aay ;o Sulisal 10 uo!13adsul lepads arinbai of Al! 'sivawnaoQ 1aE11uo' ay yi!M aauepjoa3e ul )EOM -Joyine aneq 1pm 13ai!y3 a jV ay Isluawn3o 1aejluoD aay;o aylno /.11ea o1 wayl ;o /,ue ;o ajnlle} aqi 10; to 'iljoM ivaiui aqi jo uo!lEwawaldwi aqi jo;algeslnpE 10 AJeSSaaaU ayi ;o /,ue Suluuo}1ad suoslad iaylo Aue to slol3elluo3 1 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance ronmental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis- Construction. sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval other documents when such revisions are inconsistent of submissions and for approvals of authorities having jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for thle Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project,and their source. AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - JULY 1977- AIA®- ©1977 THE A.MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W'., WA5HINGTON, D.C. 20006 B141-1977 5 Page-5—of 13 Pages Agenda Item No. 12.a. -b--Zj-0N ul011 vpua.-�F1 saJal;d Ej JO g 3.2ud 9(00Z 'D U 'N01')NIHSV,\\ ''A\N '3nN3AV '1\10A A\3N `f.:L 'S13311H3yV 30 3L'1111SN1 N'da1213V\\' ]Hi LL6L-lbl8 9 LLb. • aVIV . 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'ISOD uoil3n11suoD ;o salewils3 pue sauepunoq 'suoll3ulsal paap '2uiuoz 'sluawy3eon pallelaa pup 1SOD uollanllsuo' algegold ;O sluaw -ua 'sluawasua 'suoli3ulsal 'APANIO-S4Su 'Alladold Su! -alelS 'la2pnq 13afo1d s,lauMO ayl ;O suoilenleA3 L'Z-E -ulofpe pup sluawanpd 'sAalle 'slaalls ;O saull pue sapris ISO:) 80�AlIl181SNOdS3N VC 'algnildde se 'SuIAIS 'al ay1 1SO ;o Aanlns pue! pal;j11a3 E pup uolidu3sap Ipsal a gsluln; lle4s 1auM0 ayl b'Z •Z al:) 'sa3lAlas S,13al!ya1V aql -j11V ul papinold se 1aUmO a41 ;o Ailllglsuodsal a41 ale !o ssalSoid a41 u, Aelap algpuosealun p!one of 'Alldwad y3i4m siso3 1ay10 1O 'AeM-;O-Sl491, 'pup, aql ;o 1So3 ay olalagl Sululpllad suoisuap lapual l,eys pup 13al!g31V 941 sluellnsuo3 s,iaaily3lV ayi pup 13al!4DIV ayl ;o uolles Aq pall!wgns sluawn3Op ayi aulwexa lleys anllpivasaldal -uadwo3 ay1 apnlaui IOU saop ISOD uoil3n11suOD E'VE pazuoylne yans 10 1auMO ayl '13afO1d aql of 13adsal •13al!galV ayi yl!M ;legaq s,1auMO ay1 ul 13p 01 pazuoglne aA!ieluasal Aq 1o; pap!Aoid Allei3ads 10 pal3alas 'patjpads 'pauSls -dal p 'AJeSSa3aU uagm 'aleuSlsap lle4s 13uMO ayl E'Z with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly 5.1 Reimbursable Expenses are in addition to the Com- upon presentation of the Architect's statement of services rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which dhe Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PRO)ECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over the Project. 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. ARCHITECT'S ACCOUNTING RECORDS 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance requested taining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is OWNERSHIP AND USE OF DOCUMENTS the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect q payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B141 - OWNER-ARCHITECT AGRELMENT- THIRTEENTH EDITION - JULY 1977 - AIA*- ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., V,ASHINGTON, D.C. 20W6 B141-1977 7 Page 7 of 13 Pages Agenda Item No.12.a. •-e•Zi•oN wall BPuajv 9"0 '7 0 'N01�NIHSVM1\ 'M N InN3%V )IMOA MIN ML 'S1DI11HMV 30 31n111SN1 NVDI113WV 3H1 LL6L-LbLB g L46L OO • VIV • --'(,L.U'!f • NOWCII HLN331�IH1 1N3W33M9V 0311HD2W-b3NMO • LVL8 1N3WnJ0a VIV ul aul a •laai!4aJd Pup JauMO t'OL 4deJSeJe d P } P yi0q Aq pauSls ivawnJisul uan!JM Aq Aluo papuawe se sasuadx3 UogpulwJal Ile pup anp uayl sasuadx3 alge aq AEw luawaaJSV slyi •le3o Jo uall!JM Jaylla 'sluaw -singwla-d yl!M Jaylaft 'alep uolleulwJal of paw3o;Jad -aaJSe Jo suolipivasaJdaJ 'suolle1iogau Joud Ile sapasiadns sa�InJas Ile JO} palesuadwo� aq lleys i�al!43JV ayl 'l�al!4� pup 13al!4:)Jd a41 pup Jaun\O ay1 uaa,"iaq luawaaJSe -IV ayl }o llne} ayl IOU uolleulwJal ;o Juana ayl ul COL paleJSalul pup aJllua ayl sluasaidai luawaaJSV Sl41 VEL •pauopuege Alluauewiad sl laafold aql le41 ivana ay ul 1N3W33117V 30 1N31X3 1aal!4aJd a4i of a:)Ilou uallyM SAUP UanaS iseal le uodn JauMO ayl Aq paipulJal aq Aew luawaaJSV slyi Z'OL w EL 31JI12IV •uolleulwJal a41 8ulle13!u! 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A single stipulated sum Construction Contract: Four and one-quarter percent (4' -) A separate stipulated sum Construction Contract: Five and one-quarter percent(5�%) Minimum Compensation: A single stipulated sum Construction Contract: $, 9,500.00 A separate stipulated sum Construction Contract: $10,000.00 Maximum Compensation: A single stipulated sum Construction Contract: $13,500.00 A separate, stipulated sum Construction Contract: $14,000.00 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) 361S�i&474Xtf3X�d�f9tgIXGRX �����XXXX'X) Construction Documents Phase: Sixty percent( 60 %) Bidding or Negotiation Phase: Ten percent( 10 %) Construction Phase: Thirty percent( 30 %) TOTAL: One Hundred Percent (100%) These percentages are applied to whatever method used to determine the fee on this project. 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREE's1ENT - THIRTEfN1'H EDITION - ILLY 1977 - ALAS- C`1977 THE A,MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 9 Page 9 of13 Pages Agenda Item No.12.a. •-C*ZI*ON wall epua�� sated £I 3o 01 abed LL6L-LbLB OL 9()00Z -:)CIV'\017ti'14aS\".\ \\- \\3N �E_l '51�31.IH�21d 10 3Lf11i15N1 NV�IY3�ti'b' 3Hl tC181N3Wf1�04 L_bL' • mVIV --i'�'All'j ��OILIC7] Ili`-;11YIH1 L\31V33N'Jd 1�311f-1�21b-�3�AAO ' J Vitl •palsn(pe Ajgellnba aq lleys u!ajay yl�o}las sald!llnw a o l ne ou dnagl '}oa�ay alep ayl }0 syluow (Zl? pue sales 'uo!lesuadwoa }o slunowe aql 'hal!q»V q1 } I y 4 st � aaanoa S371n213S 3HI 31 Z'Cbl anTaMg u!yl!M palaldwO3 uaa lou ane luawaaa2V ql q P •palsn(pe dlgel!nba aq Ile4s eualew p a h aSUeg s! saa!,vaS s, al!4»V a41 }o ao laa(ad aql 10 3dODS 3H1 31 uoiiesuadwoa ;o slunowe aql 'All L'L'bl awaa�9 sl 1 ;o suo!1!puoJ pue sw�ai aq1 ql!-ti\ aauepJOaae u, aal2e hal!4�jV a4l pue �aunn0 ayl L'bl :legllu V .4 no s asps e o uoltr�ol ayt 'ssauisnq to sa)rld ledpuild s,)�at!y3JV pue s•Jaumo t va.oieti+ Jo sainsohsIp wt7u:H se vans stuawa�inba� �aylo �o uo))eai)Ipow 'uo!pJa aotatta�aaun lstu IAA�wa�nba�qo apuels,�nel AinsN )e�al aynads uoisinoid siyl )o Atipilen ayt Uaye new a�ay,Hasla pue l�alo�d ayt 1 ue atrts �eliwis 'UV yoipua� w yln�( I P 4 P gL� T uT ATM goagTgOzV aq-4 Aed ITegS zaumo aqg Pup ' zauMp aqg y) a suoneln8a� Jayto Opues'�eptp'Pa'a iaiunsuoa teao) P ` �Taoaz ap;q aze SQjTnx5S"[e40 OgTgoze zoj SG TOAuT (uodn paaj2e)salalu!)o atej Aue 11asu!aOH) Aq gdiaaaz uo LL P •daq,&P anP auq iuozj pa�nd)uoo aq ZTsus PuE. an 1ua4 o sa�l�isr j zo/pue s}uaivagegs Pup s sazagul Jo age2� laal14a'd 41 } guaozad �Teq—quo pue quo ge pagndiuoo aq Z oa a aquas e a 1 U. jo `N\olaq Pa'alua ales aql le anp ;o aaeld ledouud ayl le $u!11e^a'd ales leSai ayl le } 4l q an sluawAed TV s) luaw/�ed alep ay1 wa} lsa�alu! �eag pegs luawaaisV s!ql aapun p!edun pue laal!4»b aql P aaloa a i ;o lsa�a�u! aq1 ul sluellnsuoa pue saaAoldwa s,laal!t ayi ' lnw e V ayl �q PaPuad 1 d 4 sgguag—oMg pue auo }o ald!llnw e'sasuadx3 alges�nq -xa slunowe 341 saw!1 ( Z•T a at � u! a uasa se'S3SN3dX3 318VSIdnewl32I 2l03 S'bL _wla,i 5e St a,D,IjV u! papnhu! swat! Jayl0 /pue pue 'S 1 1 V P q. P pannba l 'Sl ala't'V u! sluellnsuo7)o sadA):)y):;ads A)ituapI) •saalnlas vans io; hal!4»V aql of Sgguag—oMg pue auo ;o aldlllnw e'saa!/UaS Ieuoli Z•T q pue saa!nIas Suuaau!Sua palltq slunowe aql saw!l t de�geiedgns iapun pap, aso 1 -tPPV ;o lied se St ah!11V u! pa!}!luap! 10 LZ'L'L 4 l Eaulaala pUe leDtuey�aw 'lejnlanils Ieuotl!pPe �u!pnlau! 'SiNVIInSNO7 30 S3�In213S IVNOIlIoaV 2103 Z'b'b •ape)u sabuego Aue alp azagg uagM guaun;oegge up se TM Pup zag�eazagg ATgzogs zo '£86T ;0 4szTJ agg ge pabuego zauMO aqg 04 PaTTddns aq TT. P uO au puadxa og ATa}[TT UUTJ STgg Jo aq TTTM asuadxa sTt[s •goaCozd sTgg p sT guauraazbV aadoTdula goea ao3 asuadxa Tauuoszad goazTa guazzno aqg 3o buTgSTT bug 'zauuey •L' Azze'I IgoagTqoav sTgg 00-4guauru0eggp av •goagTgO /zaauT uauiaazbv 'suTXzad 'g qdT� 'goagTgoz�i 'zadzeg •3 saTzeq3 :aze sTedTouTzd aL[g g s edTouTzd zoj znoq lad 00'SS$ J0 agez PaxTJ STgg jo asodznd aqg zo3 'a Tg T oazTQ aqg saMTg aaztzy geT3 e Pup WT qg ;o sa@AOTdua zo; asuadxg Tauuoszad g 3 a (Aiessa�au)! 'Aldde uopesuadwoa)o spoytaw jelnailied ya!yM o) say n�as�SaIeJ s A)nuapl P ailnbai)i 'saaAoIdwa A)issep pup s)edpuud A)puap) pue 'saaAoldwa pue sledpu!d jo) asuadx3 )auuosiad Uajid )o salditlnw jo/pup sates 9uipnpu 'uo)lesuadwo�)o siseq uasui a�aH) :SM0110;se palndwo�aq lleys uo!les euo!l! 3ut n axa lnq 'saa!naaS leuoll!pPV 3o lied se SL ap!lJV u! papnlp -uadwo) 'sluellnsuoa ;o saa!NaS l PP`d P I lA1as u l0 AUe pue 'L'L S ILuo!,!p u! paquasap se '1)311HJbV 3HI 3O S3DIAd3S 1VNOIIIaoV 2103 L'b'bL -ul say, 4 S3JIAd3S 1VNOIIIa4V 2103 NOIIVSN3dWOJ b'bL 1 ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 The venue for the arbitration or ligation of all claims, disputes, and other matters in question between the parties of this Agreement arising out of or relating to this Agreement or the breach thereof, shall be in Wichita Falls, Texas. 15.2 This Agreement is made in conformance with an Agreement between The City of Wichita Falls and Charles Harper Associates, dated 8 March 1978. Harper Perkins Architects, Inc. is the successors to Charles Harper Associates. That Agreement included the following paragraph: If in the future, the City of Wichita Falls desires to build this fire station as it is designed and detailed in the Drawings and Specifications caused to be performed by this Agreement, the Architect shall be paid one-half of the Percentage of Construction Cost agreed to above in this Agreement (4.25%) of the construction cost at the time the station is contracted for. This architectural fee shall include site adaptation of these plans and field observations as called for in the above paragraphs. " AIA DOCUMENT B141 OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA$• O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NL%%' 1ORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 11 Page 11 of 13 Pages Agenda Item No.12.a. '-e'Zi 'oN WDII EpuaJV sa,cjb-d E_F3oZi abed L�z0 •aV�VoLC U ninl,•I U ilffl H1N33 aIHHL M 3W33MDIN SUIL V11J3111H�bdV-S3NlM0 - LVL91N3Wf1 oo VIV LL61-Lti18 ZL u'solA `MZ eTDTIJV 'met uoTIaslsT3ag Sl09}Tg0sy eq1 sapun pasuaOTT sTenpTATPui nano uoTJ -oTpsT.inV seq `£9£T-SSb-GT9 :8u0gd `TSLSL Sexay 'uTjsny 'LIT-H 2plS "PATg se='I 'N SSSS `sJ9uTmsr.3 'Z86I g _go bu?gaatu z?at(-4 TEan;oa}Tgo.lV 3o P1_e0g sL'xey aq,L., go sag.nu?u atj-4 u? pazagua U'2=apTK £LZZ 'ON uo?�Ez�s?bag sexay _To pz2o$ auk jo AgTzogqnE auk A$ quap?sazd IVI`d zadaPH 'a saZzEuO zab2uEy1 Ag?O 'uoEg gzE S 8 8 J I sIIE3 PgTgO?M go AgT0 auy 'ONI 'SyOayIAOg�d 5NI?Ig3d 2i3d2iFIH 1D311 HD21d *13NM0 •anoge ua;iunn IsiIj jean( pue Aep aqj Io se olui paaa;ua luawaaJSV si41 �- CONTRACT FOR ENGINEERING SERVICES STATE OF. TEXAS COUNTY OF WICHITA This Contract entered into this day of ' 1982; by and between the CITY OF WICHITA FALLS, TEXAS, hereinafter called the "Owner" , acting by and through its City Manager, duly authorized to act, and RADY AND ASSOCIATES, INC. , Consulting Engineers, hereinafter ti called "Engineer". WITNESSETH: That in consideration of the covenants and agreements herein con- tained the parties hereto do mutually agree as follows: SECTION I ENGINEER RESPONSIBILITIES Task 1 (a) Collect and review ewgbUt eon ngof studies water and reports 1952 relating or later.to the supply and distribution (b) Organize and codify appropriate data for lines 6" and larger for incorporation into the Cand'SforteugtilizatMonaginent thelnhydraul�c system (IMIS) database model of the distribution system discussed under Task 4. (c) Prepare a program/procedure for entry of relevant data into the computerized IMIS database. Task 2 Based on available information from the Planning Department and other sources, estimate water demandfor thethe water system demand arequ�rementds its for various sections with attention to the years 1987 , 1992 and 1997. 1 of 5 Page 3 of 7 Pages Agenda Item No. Task 3 (a) Through the use of a digital computer mathematical model (which make is to be field validated to the actual distribution system) , hydraulic studies of the water distrib aon nd storagestem for sfaciix l) inch and larger mains, including all pumping ities, to determine present system deficiencies. The hydraulic studies must address adequacy of storage, improvements required to maintain at least s residual pressure s andadequacyto handlefire flows. In of peak demands, f energy standpoint deter- the system shall be savingscan beachieved byochanges mine if any significant energy in operating procedures, through pump and/or storage modifications or by other means. (b) Develop a comprehensive plan of water distribution system improve- ments to correct identified deficiencies 1992nands and 1997. to meet Constructione cost re- quirements for they estimates will be ewillfor be evaluated98orand is impact the ments. Each improvement all total system and a Pr10ritized furnished. The plan will pr�nclude maps in (up to the year 1997) will be sufficient detail to portray the distribution system in its essential features with recommended manddeforfacility fivechanges yearand inaaements for the current condition Task 4 hydraulic computer model Said created model t his,just sbedy along with all soft- capable b e of extended- ware is to be furnished. pip P period simulation of a system composed me er�f ande pumps, reservoirs, check valves. It is tanks, pressure regulating valves to be self-checking for user input errors and use a sparse matrix method for rapid solution. ufrom thevmodel. aThegmodel rade lmust be ines at each junction must be accessible inal to the accessible via remote term tlhe'database computer. A us and to make manual detailing procedures to modify as well as calculations is to be provided. The operating program the database is to be provided on magnetic tapes, and the material furnished is to be operable on the City computer. Task 5 Provide a detail ed cost estimate te onitori mond nitoringare systemdwh specifications l i sc capable for of a complete distribution system instantaneously reporting critical pressure readings, elevated an display. ground storage levels, and pump station flow rates on a visual 2of5 Page 4 of 7 Pages Agenda Item No. _ SECTION II FINAL ENGINEER PRODUCTS In accord with the tasks outlined above, the following will be pro- vided by the Engineer: 1. Five (5) copies of the program/procedure for data entry into the computerized IMIS database (see Task 1). 2. Fifteen (15) copies of the Comprehensive Water of Distribution System Improvements Plan and twenty ( ) cve Summary of that plan. The plan will incorporate the items stipulated under Tasks 2 and 3. uter ram 3. A computer- (5) copiesdofethedrelated hydraulic ser' spmanu lod(seegTaskg4). and ( ) 4. Two sets of aloncif�thldeta led one and set eestimatePro(seeble TasklS)S or drawings 9 Prior to finalization of any of the produ .ts es of specified dto bohe ,City the Engineer shall provide draft r r W ith msuchy appPoval , the Engineer shall staff for review and approval. proceed with printing of the final documents. It is anticipated thatt e execution oenddeavor will f this Contract.be completed within twelve (12) months of the SECTION III CITY RESPONSIBILITIES 1. As available and upon request, the City will provide the con- sultant information and data relative to the City's water distribution system. Such information and data shall include maps of the water system, construction plans of pumping facil- ities, water lines, storage tanks and control facilities, in- strument recording charts, copies of previous reports and printed summaries of water pumpage and sales records. The City will make available to the consultant other records for manual ex- traction of data or for compilation through use of the City' s computer, when feasible and if computer time is available. Basicauldy'wall ll be thecomputations re ponsabidli data ty ofcthe1cons�ltant ns relative to the study 2. The City will assign a staff member to serve as Project Coordina- tor and Consultant 1the t atlaison. This staff persn ng of data, the ett ing of lcriteria and assist the consultant i gathering in answering policy-related questions. 3of5 Page 5 of 7 Pages Agenda Item No. 3. Where field tests are required, the City will provide the work forces and equipment required to uncover water lines, provide line taps for insertion of instruments, manipulate valves assist the and pump controls as required to obtain pump consultant in the gathering and recording of field data. 4. The Planning Department land will confer they with present areas consultant development to past and future trends and provide population forecasts. 5. The Data Processing Division will extract from the database uti- lized by the Planning Division a table of nodal ID's with i h their corresponding geo-coordinates. The Data Processing ivision will capture on magnetic tape twelve months of water meter/cycle data. This data will be provided on magnetic tape. The Data Processing Division will consult with the Engineer relative to its the preparation of the water network analysis, program and for input data file (hydraulic computer model of the network) the use on the City' s computer system. The Data Processing Division will assist the Engineer in loading the FORTRAN program and data files on the City' s computer System. Information will also be provided about the computer system that will allow the Engineer to prepare an operator' s manual that will instruct Water Department maintenance of thee use of hydraulicthe modellt 'and themputer and the system and system database files. SECTION IV ENGINEERING FEE The Engineer will be reimbursed monthly on the basis of actual hours worked on this project at the not following hurr$130y rates plus direct expenses times 1.1, the total cost 0. Nourly Rates Principal $84.00 Project Manager $73.00 Project Engineer $45.00 Technician $30.00 Clerical $24.00 SECTION V The Owner and the Engineer, each binds himself, his partners, successors, executors, administrators and assigns of the other party to this agreement, and to the partner, i n respect successors, of ear lorcoveaantss of tthi s and assigns of such other party pect agreement. Neither the Owner nor the Engineer shall assign, sublet or transfer his interests in this agreement without the written consent of the other. 4 of 5 Page 6 of 7 Pages Agenda Item No. IN TESTIMONY WHEREOF, Owner and Engineer have executed this agree- ment on the day and year first above written. ATTEST: CITY OF WICHITA FALLS, TEXAS By City Secretary APPROVED AS TO FORM & LEGALITY: City Attorney ATTEST: RADY AND ASSOCIATES, INC. C) By 'Derrell on, President 5 of 5 Page 7 of 7 Pages Agenda Item No. CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS X COUNTY OF WICHITA X THIS CONTRACT is made and entered into by and between the CITY OF WICHITA FALLS , a political subdivision of the State of Texas, on behalf of itself and on behalf of the WICHITA FALLS INDEPENDENT SCHOOL DISTRICT, a taxing authority whose taxes arollected bodbyhere- CITY OF WICHITA FALLS, acting by and through its governing inafter called First Party, and PERDUE, BRANDON, BLAIR & FIELDER, Attorneys at Law, Fort Worth, Texas, or their duly authorized repre- sentatives , hereinafter called Second Party. I. Excluding delinquent accounts of victims of natural tdis ster, is accounts with pending lawsuits and/or judg against on which partial payment has been made on a regular bi-monthly basis prior to the date of this agreement, First Party agrees to employ and does hereby employ Second Party to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to First Party which the First Party' s Tax Assessor-Collector refers to Second Party, provided current year taxes becoming delinquent within the period of this contract shall become subject to its terms upon the following conditions. A. Taxes that become delinquent during the term of this contract that are not delinquent for any prior years be- come subject to the terms of this contract on the lstadaay of July of the year in which the become delinquent; nd B. Taxes that become delinquent during the term of this .contract on property that is delinquent for prior years shall become subject to its terms on the first day of delinquency. C. First Party reserves the right to review, approve , and make the a decision tax accouunt whether turnedooverr not tooSeco enforce Pabrty suit any delinquent for collection. II. Second Party agrees to perform its duties and obligations here- under in a manner that will conform to the provisions of the Texas Property Tax Code and any and all rules heretofore or hereafter promulgated by the State Property Tax Board. III . Second Party is to call to the attention of the collector or other officials any errors , double assessments or other discrepan- cies , including but not limited to all information pertaining to changes of ownership and addresses , coming under his observation during the progress of the work and is to intervene on behalf of First Party in all suits for taxes hereafter filed by any taxing unit on property located within its taxing jurisdiction. IV. Second Party agrees to make progress reports to First Party on request, and to advise and forward to First Party any information pertaining to the identity of all taxpayers who are unable to pay their delinquent taxes. V. First Party agrees to pay to Second Party as compensation for services required hereunder fifteen (150) percent of the total amount of all delinquent taxes , penalty and interest of the years covered by this contract which shall be paid to Second Party in the following manner: Personal Property: Fifteen (150) percent of the total amount of all delinquent taxes , penalty and interest which are actually collected and paid to First Party' s Collector of Taxes ; such com- pensation shall become the property of the Second Party at hettime such delinquent taxes , penalty and interest are actually pa First Party' s Collector of Taxes. Real Property.: Fifteen (150) percent of the total amount of all delinquent taxes , penalty and interest which are actually col- lected and paid to First Party' s Collector of Taxes by the taxpayer of the result of a forced sale of such real estate; such compensa- tion shall become the property of the Second Party at the time such delinquent taxes , penalty and interest are actually paid to First Party' s Collector of Taxes whether voluntarily by the taxpayer or from the proceeds of a forced sale, whichever occurs first. Other taxes , including current taxes not subject to the addi- tional collection penalty authorized by 533. 07 , Texas Property Tax Code, which are turned over to the Second Party by the First Party' s Tax Assessor-Collector because of the necessity for filing claims in Bankruptcy or for any other reason, become subject to the terms of this contract at the time they are turned ovoSecond of Pamounts arty and Second Party is entitled to fifteen (15%) percent actually received by First Party. Said Collector of Taxes shall pay over said compensation to Second Party monthly by check. In the event suit is necessary to collect any of the delinquent taxes , penalty and interest covered by this contract which are not subject to the additional collec- tion penalty as authorized by §33. 07 , Texas Property Tax Code, Second Party agrees to recover on behalf of the First Party reason- able attorney fees not to exceed fifteen (15%) percent of all such delinquent taxes , penalty and interest. VI. First Party agrees to furnish to Second Party all data and information as to the name , identity and location of necessary parties and the legal description of property necessary to the filing of any suit for taxes and to pay any expenses incurred in obtaining same. Second Party agrees to recover on behalf of First Party any such expenses so incurred in any suit for collection of such taxes to the extent provided by law. VII . Second Party agrees to furnish a performance bond payable to the First Party in the amount of $50 , 000. 00 executed by a solvent surety company conditioned upon the specific performance of the terms of this contract. VIII. This contract shall continence on the day of 19 and end when both parties mutually agree; provided, however, that either party of this agreement shall have the right to termi- nate this agreement by giving the other party thirty (30) days written notice of their desire and intention to terminate this agreement; and further provided that Second Party .shall have an additional six (6) months to reduce to judgment all tax suits filed prior to the date this agreement shall become terminated. In consideration of the terms and compensation here stated, Second Party hereby accepts said employment and undertakes the performance of this contract as above written. This contract is executed on behalf of First Party by the pre- siding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. WITNESS the signatures of all parties hereto in duplicate originals this the day of A. D. 19 , Wichita County, Texas. PERDUE , BRANDON, BLAIR & FIELDER Attorneys at Law P. O. Box 8801 Fort Worth, Texas 76112 B, / CITY OF WICHITA FALLS B �L Y ATTEST: