Min 01/06/197662
Wichita Falls, Texas
Memorial Auditorium Bldg.
January 6, 1976
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 9:00 o'clock A.M. , with the following members present:
J. C. Boyd, Jr. Mayor
Hardy McAlister X
Dr. Guillermo Garcia
Bill E. Gowan X Aldermen
Joe N. Prothro
Lonny Morrison
Peggy McCullough X
Gerald Fox City Manager
H. P. Hodge, Jr.City Attorney
Wilma J. Thomas Deputy City Clerk
The invocation was given by Bruce Weaver, Minister of First United Methodist
Church.
Item 3
Moved by Alderman Garcia that minutes of the meeting held December 16, 1975 , be
approved.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 4a
The public hearing was opened on the Community Development Block Grant
Application.
City Manager Gerald Fox mentioned improvements to be made in various areas,
such as Lynwood East Park in which the drainage ditch will be concrete lined , picnic
tables and barbecue pits will be provided, and basketball courts will be constructed.
Tennis courts will be considered the second year. Some street paving adjacent to
Fannin Park will be provided, schmetic drawings for a human resource center and an
allocation to the Heritage Commons for research and design. The proposed program
would amount to $1,017,000, with an $18,000 contingency fund. It is requested
that the public hearing process be closed, but that the application not be approved
at this time since the $1 ,017,000 is a tentative figure from the Department of
Housing and Urban Development. The Housing Authority has been asked to assume the
role of administering agent for Housing.
Alderwoman McCullough requested clarification of the concrete lining in the
ditch at Lynwood Park as opposed to an underground system. Steve Ondrejas stated that
he had toured the park and discussed some possibilities with them. They are aware
of the discussions involved. A report has been mailed to them.
Stephen L. Neal, 1611 Grayfox, stated that neither he nor Mr. Esther has received
a copy of the report mentioned by Mr. Ondrejas. Regarding the open ditch, at the
time they requested it they were not aware of the standards required by the federal
government. If they are met it would cost a lot of money to do the work on the
ditch. He stated that they set priorities before they came to Council previously,
and that was a mistake. They have further cut their requests. They hope to get the
complete basketball court. A pavillion was proposed. Mr. Ondrejas felt that two
small ones would be more economical than one large one. They also desire barbecue
63
Item 4a, cont'd.
pits , tables, and chairs. Children frequent this park every day, and he is more
concerned with getting something for the kids to play with. He leans more toward
completing the basketball court, tennis courts , and baseball diamond. The restrooms
are imperative. It was pointed out that the basketball court is in the plans, and
tennis courts in the second year. Play ground equipment was mentioned. Mr. Neal
felt it should be concentrated in one area.
Moved by Alderwoman McCullough that the public hearing be closed.
Motion seconded by Alderman Gowan, and carried unanimously.
Moved by Alderman Garcia that the Mayor and Board of Aldermen make a formal
request to the Public Housing Authority to administer the Section 8 housing law.
Motion seconded by Alderwoman McCullough, and carried unanimously.
5a
Discussion was held concerning the liquor zone ordinance. Alderman Morrison
suggested that the basic decision to be made is not a decision which falls within a
special expertise of the Planning Board, and he feels this is the reason they made
no specific recommendations at this time. He suggested that a public hearing be
opened up for consideration and debate. Alderwoman McCullough agreed, stating that
she feels this decision should rest with the Council, whatever it may be.
Moved by Alderman Morrison that a public hearing be opened on this matter.
Motion seconded by Alderman Garcia, and carried unanimously.
Dr. Donald Terry, 4500 Nassau, appeared for 60 families in the Colonial Park/
Brentwood areas who have signed a letter to the Planning Board requesting that no
change be made in the present city ordinances which prevent the sale of alcoholic
beverages for either on or off premise consumption in the area of or adjacent to
Midwestern Parkway from Hamilton to Maplewood , and Taft from Kell to Southwest
Parkway. Copies of this letter were presented to the Mayor. He stated they
oppose changes in the liquor zone as presented. They are not objecting to the sale
of liquor, but to the sale of it in this area. They do not want topless bars on
on Midwestern Parkway. He realizes that alcohol will be sold, but he believes that
the seller will also realize that it will be abused. He stated that he has heard no
demand for the sale of it. It is not that hard to find, and not that far away from
anyone. Public properties in the areas in question are building and expanding without
the sale of liquor. The few persons who are interested is not in keeping with the
wishes of the majority of the citizens of Wichita Falls. Liquor sales are defined
as any and all--on or off premise.
Richard Milisci stated that he feels if this is expanded it would open the door
for elimination of other zoning. He is opposed to further expansion of the existing
zoning of liquor. The overall planning of Wichita Falls should be looked at.
Bobby Buchanan appeared as minister of the Bible Baptist Church. He is against
the sale of any liquor. He feels that beer is just a stepping stone to something a
lot worse. He mentioned some statistics from the Rider Roundup regarding the incidence
of drinking among teenagers. He stated that it would cost more to care for alcoholics
than the money that will come in. He strictly opposes anything that will do away with
our existing laws. He stated that he had tried to get information on tickets issued
in connection with drinking, but had been unable to do so. C. C. Daniel, Police
Chief, stated that court records are public, but police records are not. Numbers
are available, but not names.
George Ritchie, 4 Trenton Terrace, opposed extension of the liquor zone
ordinance. Any value would be taken away by the detriment to our family neighborhood.
He is also a property owner on Midwestern Parkway.
Martha Menzies, 4419 Martinique, opposed the sale of alcoholic beverages in an
area where children can go and take their friends.
64
Item 5a, cont'd
Mark Galloway, 3501 Wagonwheel Circle opposed the extension of the
liquor zone. He cited statistics that 13 of the 18 traffic fatalities in Wichita
Falls in 1975 were alcohol related. Alcohol is a drug. He is opposed to it for
financial reasons for his family. Alderman Morrison mentioned various categories
of licensing. Mr. Galloway was opposed to the extension of the sale of any liquor
in Wichita Falls.
Forrest Robertson, 4511 Nassau, stated that in the 1940's we had off premise
stores scattered all over Wichita Falls. The town was voted dry because of these
things. He is opposed to any extension of the zones. He is not taking up the issue
on a moral basis.
Richard Rogers , 3716 Cedar Elm, opposed the extension of the liquor zone.
Junior and Senior high school kids go to the shopping center. He feels it should
be left as it is.
Dr. Benny Fleming, 4515 Barbados, opposed any extension of the liquor zone.
He does not want his children in that environment.
Bob Norsworthy, 4508 Dunbarton, appeared as minister of Lamar Baptist Church.
He is opposed to the expansion of the liquor zone on a moral basis. The basic home
ingredients in society are affected. He cited such things as traffic, youth, and
harm to the body.
Ronnie Adams, 4204 Randel, mentioned Kemp and Kell. He is opposed to further
expansion of the sale of any alcoholic beverages. He read certain information from
a recent newspaper story regarding alcohol and road deaths. With the lowering of
age, teenagers are becoming more problem drinkers. If we relax our laws we are just
adding more problems to the City. He belives we need more strict law enforcement
in regard to zoning, and not an expansion.
Mrs. Wanda Tole, 4416 Montego, strongly opposed expansion of the liquor zone
on Midwestern Parkway. To sell it here would only downgrade the area. She lives about
three blocks from there.
Clyde Fillmore appeared representing Bob Seabury (French Quarter) and Jim
and Fred Lowder (Jiffy Food Stores) . The original liquor zone was extended in
1969 along commercial highways which had arisen since the first zone confining
it to downtown Wichita Falls. On some of these streets you will find a few houses,
but they have become commercial areas for the most part. The purpose of the City
Council is to control the sale of alcoholic beverages as voted by the citizens of
Wichita Falls. He does not feel that a valid argument lies in the fact that
someone can drive into the zone and purchase liquor. The Jiffy Stores offer it
for off-premise consumption. The French Quarter has a restaurant. He does not
believe the extension of the zone would infringe upon the right of any citizen of
Wichita Falls. The argument that there would be constantly a request from the original
zone if this is approved now is not valid. Orderly growth of the City is not a
valid argument. More crime and more police and fire protection is also an argument.
There is no proof that in 1969 when the zone was extended that there has been
greater consumption since that time. In keeping with the progress and develop-
ment of Wichita Falls it would not be detrimental to anyone's rights to extend
the zone along the commercial area as outlined on the map. Fred Lowder stated
that they did not take into consideration the location of their stores, but only
on arterial and commercial streets. Mr. Fillmore recommended expansion of the
liquor zone as presently exists along commercial streets.
Mayor Boyd inquired if the areas in yellow on the map are designated
highways. The City Manager stated that only two of them are. Alderman
Morrison noted that development of the private clubs would seem to present more
of a threat to the homeowners around the French Village than any on-premise
consumption in the area.
Spencer Crouch appeared for Sikes Senter. He noted that sale of liquor
is authorized in Wichita Falls. He feels the danger of traffic accidents might
be reduced somewhat by not having to drive across town. Sales are allowed on
the main arteries. He suggested that there is no reason to prohibit sales on
these other arteries in Wichita Falls. Sikes Senter serves a large segment of the
citizens of Wichita Falls, and not just local residents. They recognize the fear
65
Item 5a, cont'd
of residents in residential areas , but the areas shown in yellow on the map are
primarily commercial, and not residential. He does not believe that changing the
liquor zone would change the citizens and the character of this municipality.
Buford Rice, 3709 Sheridan Road, appeared as a licensed holder. The requests
in yellow were made at the Planning Board meetings. He mentioned that we have
several taverns on state highways which obtain a dance license. He feels this is
a slip-up on the part of the Council, and was not intended that way, but it is
the way it came out.
T. W. Manchester, 4402 Martinique, stated that he has not heard a crying
need for this type of expansion. Within a mile of where he lives, alcoholic
beverages can be obtained in a package store or a restaurant.
W. F. Patterson, representing Joyce's 7-11 on Fairway, stated he is in favor
of expansion. More driving to get a drink means more traffic. If this expansion
is approved he would like to see something placed in the ordinance which would
keep the Council from facing this decision again in a short time. Each establish-
ment should be considered on its own merits. He suggested a review board with
a non-biased judge.
Fred Lowder, President of Jiffy Food Stores , stated that he had talked with
Doyle Davis at the Alcoholic Beverage Commission before he contacted his attorney.
Mr. Davis stated it would not create anymore enforcement for them. The sale of
alcoholic beverages is very high between 11:30 and 12 :00 P.M. If something is
not done we will have to deal more with private clubs. He stated that he probably
would be concerned if he lived in the area of the French Quarter. In 1946,
taverns were relegated to a third or fourth class situation. Federal and state
highways were picked in 1969 because these were the commercial areas. The commercial
areas have now extended into other areas. The growth in this city has been
curtailed by the existing ordinance which we now have. He mentioned home deliveries
of kegs of beer.
Curtis Conner, of Curtis Discount Store on Southwest Parkway, stated that
in 1954 or 1955 an ordinance was passed to prohibit home deliveries of kegs of
beer. This was verified by City Attorney H. P. Hodge in the Code of Ordinances .
The public hearing was closed.
Moved by Alderman Morrison that the City Attorney be requested to prepare
for consideration at the next Council meeting an ordinance which would extend
the sale of beer and wine by restaurants, and defining restaurants very narrowly
to include total sales of at least 70 percent foodstuff, and change the reporting
requirements of the seller from an annual reporting to a quarterly reporting.
Restrictions should be considered with respect to location of residences, churches,
schools, and any other institutional facility that we might jointly agree upon,
and that sale from this classification not have any territorial application at
all, but that it be allowed at any location.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Moved by Alderman Garcia that an ordinance be prepared for consideration
allowing the sale of beer and wine for off-premise consumption in food stores
presently designated on the map as commercial streets.
Motion seconded by Alderwoman McCullough. m
City Attorney H. P. Hodge stated that a commercial area would be hard to
define. Alderman McAlister stated that without a comprehensive zoning ordinance
there is nothing to preclude any of these areas from becoming commercial , and
coming back to us. He is not inclined to agree with package stores in the yellow
area.
The motion was carried unanimously.
66
Item 5a, cont'd
Alderman Gowan noted that he did not participate or vote on this matter
because of a conflict of interest.
Moved by Mayor Boyd that an ordinance be prepared for consideration
indicating that no changes be made.
Motion seconded by Alderman Morrison, and carried unanimously.
Forrest Robertson stated that he would like to have copies of the map
available for study. It was agreed that maps and proposed ordinances would
be sent to those who appeared today.
Dr. Forrest Whan, 4100 Emerson, stated that package stores were not
considered. It was pointed out that it had not been requested. A motion was
made by Alderman McAlister that we include an ordinance on package stores.
No second was received.
Item 6a
A proposed ordinance was presented setting refuse rates on certain properties
abutting alley paving projects.
v ORDINANCE NO. 3043
ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY
PAVING PROJECTS.
Moved by Alderman Prothro that Ordinance No. 3043 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison and McCullough
Nays: None
Item 6b
A proposed ordinance was presented closing a portion of 27th Street.
j ORDINANCE NO. 3044
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF 27TH STREET IN THE
HOLLIDAY GARDENS ADDITION OF THE CITY OF WICHITA FALLS; RETAINING
CERTAIN EASEMENT RIGHTS, AND DECLARING AN EMERGENCY.
Moved by Alderwoman McCullough that Ordinance No. 3044 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison and McCullough
Nays : None
Item 7a
A proposed resolution was presented approving an easement from Gordon T.
West and others on Ft. Worth and Denver right-of-way. Alderman Morrison
abstained from participation in this matter because he had previously represented
Mr. West.
RESOLUTION NO. 1751
RESOLUTION APPROVING PURCHASE OF EASEMENT FROM GORDON T. WEST, ET AL, FOR
RAILROAD RELOCATION.
WHEREAS , by Resolution 1239, the Board of Aldermen authorized the purchase
67
of surface easement rights by subordination of mineral lease on a tract out of
Blocks 4, 5, 8, and 9, League 1, D. C. S. L. Survey in Wichita County, Texas
from Gordon T. West, et al, for $2,325.00, which was the estimated cost to West
of moving certain oil and gas production equipment off said tract which was being
acquired for railroad relocation; and,
WHEREAS, City was unable to negotiate a purchase of the subordination
agreement from West, but West removed and relocated such production equipment; the
actual cost of such removal and relocation was $2,924.51, of which $387.88 was
paid by City, and $2,536.63 was paid by West; and,
WHEREAS, Gordon T. West and the other owners of the oil and gas leases
are willing to execute an easement to the City for the sum of $2,536.63.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
The value of said easement in the amount of $2,924.51 is hereby approved,
and the City Manager is authorized to pay to Gordon T. West and the other owners
of such oil and gas leases the sum of $2,536.63 for such easement.
Moved by Alderwoman McCullough that Resolution No. 1751 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister Garcia, Gowan, Prothro, and McCullough
Nays : None
1 Item 7b
A proposed resolution was presented approving appointments to the Board of
Health by the Commissioners Court.
RESOLUTION NO. 1752
RESOLUTION CONFIRMING APPOINTMENTS OF TWO MEMBERS TO THE BOARD OF HEALTH
BY COMMISSIONERS COURT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
The appointments by the Commissioners Court of Wichita County, Texas of
P. F. Richardson, D. D. S. and Arch Hughes as members of the Wichita Falls City-
Wichita County Board of Health for two year terms commencing January 1st, 1976,
be and the same are hereby confirmed.
Moved by Alderman Garcia that Resolution No. 1752 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and Morrison
Nays : None (Alderwoman McCullough was out of the room) .
Item 7c
A proposed resolution was presented approving an agreement with Wichita
County for fire protection services.
RESOLUTION NO. 1753
RESOLUTION APPROVING CONTRACT WITH WICHITA COUNTY FOR FIRE FIGHTING SERVICES.
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 the County of Wichita, whereby the City would provide certain
fire fighting services to the County, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
68
Item 7c, cont'd
Moved by Alderman McAlister that Resolution No. 1753 be passed.
Motion seconded by Alderman Garcia and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough
Nays : None
Item 7d
A proposed resolution was presented amending a lease agreement with Wichita
Valley Water Supply Corporation. Alderman Morrison abstained from participation
because he is a shareholder in that Corporation. City Manager Gerald Fox noted
that there is the same type of assignment clause in the lease as is in the water
contract.
NO. 1754
RESOLUTION APPROVING FIRST AMENDMENT TO LEASE TO WICHITA VALLEY WATER SUPPLY
CORPORATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS
THAT:
That certain First Amendment to Lease Agreement, a copy of which is attached
hereto, amending the lease agreement dated September 3, 1975 between the City
of Wichita Falls and Wichita Valley Water Supply Corporation for two (2) tracts of
land at Lake Kickapoo, is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : None
Item 8a
Bids were considered on construction of a bridge over McGrath Creek in
Weeks Park. The City and Robert Seabury will pay equal costs of this construction.
Timmins-Anderson Corporation submitted the low bid in the amount of $23,578.88.
v RESOLUTION NO. 1755
RESOLUTION AWARDING CONTRACT ON THE CONSTRUCTION OF A BRIDGE OVER MCGRATH
CREEK IN WEEKS PARK
WHEREAS, The City of Wichita Falls has advertised for bids for the construction
of a bridge over McGrath Creek in Weeks Park; and
WHEREAS, three bids were received, and it is found that Timmins-Anderson
Corporation, who bid $23,578.88, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
Said bid of Timmins-Anderson Corporation, in the amount of $23,578.88 is
hereby accepted, and the City Manager is authorized to execute for the City of
Wichita Falls a contract with Timmins-Anderson Corporation for the construction
of such improvements.
Moved by Alderman Garcia that Resolution No. 1755 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough
Nays : None
69
Item 8b
Award of bids on high pressure sodium luminaires was considered. The bid
had previously been awarded to Buffalo Electric Company. Ed Ilschner stated
that Buffalo Electric had called him, stating they could not provide the fixtures
which had been awarded to them. They breached their contract and it is recommended
that the bid be awarded to United Electric Company in the amount of $27,765. This
figure is $1,694 more than the bid of Buffalo Electric. He recommended that
a suit be filed for breach of contract. Alderman Gowan inquired if we are
entitled to attorney's fees. He stated that some penalty should be attached to
these contracts for failure to perform. The City Attorney stated that he would
look into it.
Moved by Alderman Prothro that the bid be awarded to United Electric Company
in the amount of $27,765.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 9
Moved by Alderman Prothro that minutes of the meetings of the following
board and commission be received:
a. Planning Board-December 10, 1975
b. Mayor's Commission on the Status of Women-December 4, 1975
Alderwoman McCullough gave a report on the activities of the Mayor's
Commission on the Status of Women. She mentioned the rape concern center, a
roster of women who can serve in various capacities, day care centers , MHMR,
and career day in the public high schools for senior girls. She feels that women
are moving, and would like men to be aware of them.
The motion was carried unanimously.
Item 10
The traffic study at Avondale and Martin was discussed. Ed Ilschner stated
that the property owner does not want to move the hedge, and if he does so, he
feels that he is entitled to damages. Speed bumps in the street were mentioned.
Mr. Ilschner stated that they have been tried and found not to be adequate. He
also stated that their studies show there is not an excessive speed on this
street. The average speed is below 35 mph. Alderman McAlister feels some positive
action is needed. Mr. Ilschner stated that he has recommended removal of the
hedge to eliminate the sight problem. Alderman Prothro agreed, but disagrees
with the speed. He feels speed is very excessive along that street, and that
better enforcement is needed. Selected enforcement was requested by Alderman
Morrison. Alderman Prothro requested a report in 60 days after enforcement is
begun.
ti/ Item 10b
Alderman Gowan reported on the charter revision committee. The following
were named as members :
Mrs. Margaret Sims-League of Women Voters
Mr. John Copeland-Attorney
Dr. Leo Sabota-Midwestern State University
Gary Southard-Asst. City Attorney
Alderman McAlister noted that we do not have a business representative. He
feels this would be good. He also questions whether a member of the City staff
should be a voting member of this Commission since they would be available anyway.
He feels a great deal of wisdom and experience is needed in revising a charter.
Alderwoman McCullough suggested the name of Bill Donnell. Action was postponed
until the next meeting.
70
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71
n
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adjourned at 2:10 P.M.
Aldermen adj
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1976.
IIlk
Ob-
The Board of A
day of
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PASSED AND
APPROVED this„
PA
Mayor
ATTEST:
Deputy City Clerk
5 .
4
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
AGREEMENT
THIS AGREEMENT between the City of Wichita Falls, a municipal corporation
in the State of Texas, acting by and through its duly appointed City Manager,
Gerald G. Fox, and the County of Wichita, acting by and through its duly elected
County Judge, Calvin Ashley and the Commissioners Court of Wichita County,
hereby agree as follows:
I.
That City of Wichita Falls hereby agrees to furnish fire fighting equipment and
personnel outside the City Limits of the City of Wichita Falls and within Wichita
County upon the following terms and conditions:
That the County of Wichita will pay to the City of Wichita Falls for fire fighting
service at the following rate: $20,000 for the first year of the contract; at a rate
satisfactory to both parties but no greater than $35, 000 for the first option year and
50, 000 for the second option year. This rate would include all fires, emergencies
and false alarms answered by the Wichita Falls Fire Department outside the City Limits
of Wichita Falls but within Wichita County within the area as designated in Exhibit "A"
attached.
III.
This agreement shall be in full force and effect for one year beginning January 1,
1976 and ending on December 31, 1976. The County of Wichita may exercise two (2)
one year options for continuation of this agreement beginning January 1, 1977 by pro-
viding the City of Wichita Falls with a letter in writing at least 30 days prior to the
expiration of this agreement requesting such extension. This agreement may be ter-
minated by either party at the end of any contract year by notifying the other party of
such termination not less than thirty days prior to the end of such contract year.
IV.
A portion of the fee for fire fighting service as required in Paragraph II is in-
tended Co cover the County's responsibility for any civil liability imposed on it by
2-
Section 4, Paragraph (g) of the Interlocal Cooperation Act, and to pay a part of the
premium paid by the City for personal injury and property damage liability insurance
on its fire fighting vehicles.
V.
Fire Fighting Equipment." The term "fire fighting equipment", as used herein
shall mean a pumper truck and such other available 'fire fighting' equipment usable
at a given location.
VI.
Area of Responsibility - The City agrees to furnish fire fighting equipment and
personnel on all fire calls made to the fire alarm room of the City of Wichita Falls
to points beyond the corporate limits of the City of Wichita Falls, and within the
unincorporated areas of Wichita County, subject to the following limitation re-
lating to area and emergency conditions as hereinafter stated. The primary area
t% t ttP T'fi-.t
of responsibility shall be that area within the approximate five (5) file boundary as
shown on Exhibit "A" attached.-=.The Fire Chief or his representative shall have the
discretion of answering fire calls outside of this primary area of responsibility if,
in his judgment, such response would not be detrimental to providing adequate fire
protection for properties with the City Limits of Wichita Falls.
VII.
Emergency Conditions - It is hereby declared and agreed that an emergency
condition shall exist within the corporate limits of the City of Wichita Falls at a
time when one or more fires are in progress, and that when such condition exists
the Chief of the Fire Department shall determine the advisability of sending fire
fighting equipment beyond the corporate limits of the City of Wichita Falls, and the
judgment of the Fire Chief shall be final.
VIII.
The annual fee as indicated in Paragraph II shall be paid in quarterly allotments
in advance by the County to the City. Such payments shall be made from current
revenues available to the County.
ENTERED INTO on this the 29th day of December 1975.
a
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CITY MANAGER
WICHITA FALLS
ATTEST:
COUNTY JUDGE
WICHITA COUNTY
ATTEST:
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STATE OF TEXAS X
COUNTY OF ARCHER X
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement made and entered
into this the 7th day of January, 1976 , by and between the City
of Wichita Falls, Texas, hereinafter called "City" and
Wichita Valley Water Supply Corporation, hereinafter called
Corporation" ,
WITNESSETH:
WHEREAS, by Resolution No. 1702 , the Board of Aldermen
of City approved a certain lease agreement with Corporation;
and,
WHEREAS, the parties hereto do hereby desire to amend
such lease agreement.
NOW, THEREFORE, for and in consideration of the mutual
covenants herein contained, the parties hereto do hereby
agree as follows:
Paragraph II of said lease is hereby amended to read
as follows:
The term of this lease shall be forty-two (42) years,
beginning September 3rd, 1975. "
A new Paragraph X is hereby added to such lease, which
paragraph shall read as follows:
X.
This lease shall not be assignable without the approval
of City, except Corporation may assign and/or mortgage this
lease to the United States of America, acting through the
Farmers Home Administration. However, in the event of any
occurrence rendering Corporation incapable of performing
under this lease, any successor of Corporation, whether the
result of legal process, assignment or otherwise, shall
succeed to the rights of Corporation hereunder. "
Except insofar as such lease is amended herein, the same
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the day and year first set
out above.
CITY OF WICHITA FALLS, TEXAS
BY:
City Manager
ATTEST:
City Clerk
WICHITA VALLEY WATER SUPPLY
CORPORATION
BY:
President
ATTEST:
Secretary
2 -