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Min 04/05/1976124 Wichita Falls , Texas Memorial Auditorium Bldg. April 5 , 1976 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas , met in special session on the above date in the Council Room of the Memorial Auditorium Building at 2 :00 o'clock P.M. , with the following members present: J. C. Boyd , Jr. Mayor Hardy McAlister Dr. Guillermo Garcia X Bill E. Gowan X Aldermen Joe N. Prothro Lonny Morrison X Peggy McCullough Gerald Fox City Manager H.P. Hodge, Jr. City Attorney Wilma J. Thomas Deputy City Clerk The invocation was given by Robert W. Ewing, Park Place Christian Church. Item 3 Moved by Alderwoman McCullough that minutes of the meeting held March 16, 1976, be approved. Motion seconded by Alderman Gowan, and carried unanimously. Allen Palmatary again appeared as secretary-treasurer of the Wichita Falls Wrecker Association. He stated that it was his understanding that the City would purchase the radio, and they would take care of the dispatch services. Alderman Morrison stated that it was never his intention that the City would provide this radio equipment without reimbursement of expenses. He explained that we are trying to assess the cost of operating the wrecker rotation system to those who will profit from the operation. The City Manager pointed out that the radios are put in for their convenience, and not for the convenience of the City. The wrecker association is the one who decided they wanted radio communications. The City can contact the wrecker association members by telephone. Alderman Prothro requested the City Manager to recheck the calculations on the equipment. t' Item 4a Discussion was held on swine within the city limits and disannexation of a tract located on River Road where swine are presently kept. The Planning Board recommended that it not be disannexed. Dr. Charles Parker again opposed the keeping of swine for health reasons. Mr. Elvin Roberts, 805 Gerald, and Mr. Delgado, who resides on River Road, both appeared. Mr. Roberts was in favor of keeping the swine and Mr. Delgado was opposed ; however, both stated that there is no way that hogs can be kept 500 feet away from a residence. Mr. Roberts stated that there are hogs within 80 feet of every residence out there. ORDINANCE NO. 3070 ORDINANCE AMENDING SECTION 14 OF ORDINANCE NO. 3000, TO ALLOW THE KEEPING OF SWINE WITHIN CERTAIN AREAS UNDER CERTAIN CONDITIONS. Moved by Alderman McAlister that Ordinance No. 3070 be passed, making the distance 100 feet from owners of residences, and that a waiver form be approved by the City Attorney, and filed with the City Clerk. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Gowan, and McCullough Nays : Aldermen Prothro and Morrison 125 j Item 4b G.- David Tate appeared representing Sikes Senter for reconsideration of an ordinance concerning pet shops in shopping centers. He feels it is unreasonable to require a purchaser to take his pet out the back door. William Berlin, Manager of Sikes Senter, presented information to the Council from two physicians and from other cities. He stated that they lost a tenant spring because of the ordinance requirements. They have two prospective tenants at this time. Most malls have a pet store. The open front area would be for pet supplies. Pets would be kept in cages behind glass doors. Neither of the proposed tenants feel they can accept it under the present rules and regulations which the city has. David Bonnett presented pictures of his proposed operation. He feels that requiring a customer to exit the back door would discourage business . He showed boxes which are used to carry out pets. ORDINANCE NO. 3071 ORDINANCE AMENDING PARAGRAPH 5, AS AMENDED, OF SECTION F OF THE 1962 EDITION OF THE UNITED STATES PUBLIC HEALTH SERVICE FOOD SERVICE SANITATION ORDINANCE AND CODE, ADOPTED BY SECTION 16-1 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TO CHANGE THE REQUIREMENTS CONCERNING PET SHOPS IN SHOPPING CENTER, INCLUDING ANY OPEN AND/OR ENCLOSED MALL SHOPPING CENTER. Moved by Alderman Prothro that Ordinance No. 3071 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Prothro, Morrison, and McCullough Nays : None (Alderman Gowan did not take part in this discussion, nor vote, because of a possible conflict of interest) . Item 4c Discussion was held on the request for reconsideration of the prohibition of drinking alcoholic beverages in Hamilton and Scotland Parks. Dana Terry, 1319 Oakhurst, made this request on behalf of the softball association. He requested that an emergency clause be put into the ordinance because tournaments are scheduled this month. ORDINANCE NO. 3072 ORDINANCE AMENDING ORDINANCE NO. 3018, AS AMENDED, TO EXEMPT HAMILTON AND SCOTLAND BALL PARKS FROM THE PROHIBITION AGAINST POSSESSION AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 3072 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None v' Item 4d Mayor Boyd presented a proclamation to members of the Rider Distributive Education Club designating the week of May 3-9, 1976, as DECA Week. f Item 5a A proposed appropriation ordinance was presented in the amount of $9,306 to provide funds for purchase and operation of radio equipment to handle wrecker rotation service, and for salary and fringe benefits for the new City Clerk. 126 Item 5a, cont'd. ORDINANCE NO. 3073 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Alderman Morrison that Ordinance No. 3073 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None (Alderman Prothro was out of the room) . Item 5b A proposed appropriation ordinance was presented in the amount of $7,000 V to fund a community center coordinator for Rosewood Neighborhood Groups through September 30, 1976. ORDINANCE NO. 3074 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderwoman McCullough that Ordinance No. 3074 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough Nays : Alderman Morrison Item 5c A proposed ordinance was presented changing the term "Meals on Wheels" to Social Services Delivery" for the $18,000 appropriation for this program which was approved on January 21, 1975. This recommendation is made in order to avoid the possibility of confusion at some later point in time. ORDINANCE NO. 3075 ORDINANCE AMENDING ORDINANCE NO. 2932, TO CHANGE THE TERM "MEALS ON WHEELS" TO "SOCIAL SERVICES DELIVERY". Moved by Alderman Garcia that Ordinance No. 3075 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None Item 6a A proposed ordinance was presented providing an emergency clause for Ordinance No. 3068 which was adopted on March 16, 1976. ORDINANCE NO. 3076 ORDINANCE READOPTING ORDINANCE NO. 3068, WHICH PROVIDED FOR A WAIVER OF THE DISTANCE RESTRICTION FROM RESIDENCES FOR RESTAURANTS SELLING ALCOHOLIC BEVERAGES, TO PROVIDE AN EMERGENCY CLAUSE THERETO. Moved by Alderman Morrison that Ordinance No. 3076 be passed. Motion seconded by Alderman Garcia, and carried by the following vote : 127 Item 6a, cont'd. Ayes : Aldermen Garcia, Gowan, Prothro, Morrison, and McCullough Nays : Alderman McAlister Item 6b r A proposed ordinance was presented changing certain positions in the Fire Department. ORDINANCE NO. 3077 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES, INCREASING BY 1 THE NUMBER OF FIRE LIEUTENANTS, AND DECREASING BY 1 THE NUMBER OF FIRE CAPTAINS. Moved by Alderman Morrison that Ordinance No. 3077 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 6c v A request for a sidewalk waiver in Riverbend Estates Subdivision was presented. The Planning Board recommended approval of this waiver. Charles Harper appeared as a minority member of the Planning Board. He stated that he feels it is time that the City requires the same standards of developers just outside the City as we require within the City. Water for this subdivision will come from the City. This area is a short distance from the present city limits. He feels it is time for us to become selfish. It should be the prerogative of the City Council to look at these subdivisions. Alderman Morrison stated that he finds Mr. Harper 's position logical and persuasive, but feels we should stay with the recommendation of the majority of the Planning Board. Mr. Harper stated that there was a long, drawn-out discussion in the Planning Board meeting, and he also feels they should go along with the recommendation of our boards . He stated that, as Chairman, he tried to stay out of the discussion as much as possible; however, following adjournment of the Planning Board meeting some of the members felt they would like to reopen the discussion. Mr. Harper requested that the Planning Board be allowed to reconsider this matter. Moved by Alderman Morrison that this matter be deferred at the request of Mr. Harper. Motion seconded by Alderman Garcia, and carried unanimously. Item 7a A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. RESOLUTION NO. 1788 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by appraisers employed by the Texas State Highway, Department and the amount of the value as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. 128 Item 7a, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Section No. 1 . The project and properties to be purchased by Warranty Deed are as follows : Kell Freeway Project 52-380 Warranty Deed 15,193 s.f. of Lots 3,4,5, & a portion of closed 15th Street, Block 224 Orig. Town. Lots 1 & 2, Block 224, Original Townsite Combined total of values approved in this resolution 59,334.00 Section No. 2. The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts are the State approved values as determined from appraisals made by real estate appraisers employed by the Texas State Highway Department. Section No. 3. In the event the City Manager is unable to purchase any such tracts for such approved values , he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Prothro that Resolution No. 1788 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None v- Item 7b A proposed resolution was presented approving a sewer easement from Ft. Worth and Denver Railroad Company to serve Browning Electric, Inc. located on the east side of Lawrence Road. RESOLUTION NO. 1789 RESOLUTION APPROVING EASEMENT FOR SANITARY SEWER FROM FORT WORTH AND DENVER RAILWAY COMPANY BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement dated March 9th, 1976, a copy of which is attached hereto, for a sanitary sewer line in Burlington Call Field Industrial Addition from the Fort Worth and Denver Railway Company is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Prothro that Resolution No. 1789 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None Item 7c A proposed resolution was presented authorizing the City Manager to execute a lease with Gateway Inn for advertising space at Municipal Airport. 129 Item 7c, cont'd. RESOLUTION NO. 1790 RESOLUTION APPROVING AGREEMENT WITH INVESTORS MOTEL CORPORATION FOR ADVERTISING SPACE AT MUNICIPAL AIRPORT TERMINAL BUILDING 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 and Investors Motel Corporation, concerning advertising space in the Municipal Airport Terminal Building, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman McAlister that Resolution No. 1790 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays: None Item 7d A proposed resolution was presented authorizing final closeout of the IMIS Contract. RESOLUTION NO. 1791 RESOLUTION AUTHORIZING CLOSEOUT OF CONTRACT H-1217 FOR THE IMIS PROJECT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: In order to complete the closeout of contract H-1217 with the United States of America for the IMIS Project, the City Manager is authorized to execute for the City of Wichita Falls the Contractor's Release and the Contractor's Assignment of Refunds, Rebates, Credits and Other Amounts , copies of which are attached hereto. Moved by Alderman McAlister that Resolution No. 1791 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, & McCullough Nays : None Item 7e Ed Daniel appeared as Executive Director of Nortex Planning Commission requesting application for a grant for emergency medical services for this region. The additional ambulance would be assigned to Gold Cross, which would enable them to station one ambulance in Burkburnett and one in Iowa Park. Local funding would be required in the amount of $4,875.00. RESOLUTION NO. 1792 RESOLUTION SUPPORTING AN EMERGENCY MEDICAL SERVICES SYSTEM PLAN FOR WICHITA COUNTY. WHEREAS, the Wichita County Commissioners Court and officials from Iowa Park, Burkburnett, Electra and Wichita Falls have discussed an Emergency Medical Services System Plan for Wichita County, which would require local funding in the amount of $4,875.00 and a federal grant in the sum of $49,550.00; and, WHEREAS, the services which would be provided under this plan are needed in Wichita County to cope with potential emergencies. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 130 Item 7e, cont'd. The Board of Aldermen of the City of Wichita Falls supports such an Emergency Medical Services System Plan for Wichita County, and the City of Wichita Falls will participate in the local funding of such a plan; the City Manager is authorized to work with officials of the other governmental entities to determine the details of the local funding. Moved by Alderman Garcia that Resolution No. 1792 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes: Mayor Boyd, Alderman Garcia, Prothro, and McCullough Nays : Aldermen McAlister, Gowan, and Morrison Alderman Morrison noted that his opposition is related to the lack of in- formation on committed expenses . Item lla Alderman Morrison introduced Mr. Gerald L. Carlson, stating that he has agreed to the employment package offered by the Council for the position of City Clerk. Moved by Alderman Morrison that Gerald L. Carlson be appointed as City Clerk. Motion seconded by Alderman Prothro, and carried unanimously. Mr. Carlson stated that he looks forward to working and making his home in Wichita Falls. Item 8a Bids were considered on park equipment storage buildings for three parks. It was recommended that the low bid be awarded to Virgil Mills Construction Company, Burkburnett, Texas , in the amount of $18,768.00. RESOLUTION NO. 1793 RESOLUTION AWARDING CONTRACT TO VIRGIL MILLS CONSTRUCTION CO. FOR CONSTRUCTION OF THREE RIGID FRAME STORAGE BUILDINGS FOR THE PARKS DEPARTMENT. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of three rigid frame storage buildings for the Parks Department; and, WHEREAS, seven bids were received, and it is found that Virgil Mills Construction Co. , who bid $18,768.00 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Virgil Mills Construction Co. in the amount of $18,768.00 is hereby accepted, and the City Manager is authorized to execute a contract for the City of Wichita Falls with Virgil Mills Construction Co. for the construction of such improvements. Moved by Alderwoman McCullough that Resolution No. 1793 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None 131 Item 8b Bids were considered on radio maintenance contract for all city departments. It was recommended that the low bid be awarded to Bob's Communications Service r"° in an annual amount of $26,369.40. RESOLUTION NO. 1794 RESOLUTION AWARDING CONTRACT TO BOB BROWN FOR RADIO MAINTENANCE SERVICE. WHEREAS, the City of Wichita Falls has advertised for bids for a five year radio maintenance contract for all City departments; and, WHEREAS, two bids were received, and it is found that the bid submitted by Bob Brown, d/b/a/ Bob's Communication Service, is the lowest and best bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Bob Brown is hereby accepted, and the City Manager is authorized to execute a contract for the City of Wichita Falls with Bob Brown for radio maintenance for all City departments for a period of five years, in accordance with the bid of Bob Brown as shown on the attached tabulation. Moved by Alderman Morrison that Resolution No. 1794 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 8c Bids were considered on word processing equipment. Only one bid was received, and it was from IBM in the amount of $9,641.60. Moved by Alderman Prothro tha t the bid be awarded to IBM in the amount of l 9,641.60. Motion seconded by Alderman McAlister, and carried unanimously. No action was taken on Item 9 (final estimate on emergency road to Lake Kemp) . Item 10 Moved by Alderwoman McCullough that minutes of the meetings of the following boards and commissions be received. a. Planning Board - March 10, 1976 b. Plumbing Advisory Board - March 12, 1976 c. Park Board - March 23, 1976 d. Bicentennial Commission - February 19, 1976 e. Traffic Safety Council - March 3, 1976 f. Mayor's Commission on Status of Women - March 4, 1976 Motion seconded by Alderman McAlister, and carried unanimously. Item llb Moved by Alderwoman McCullough that Dr. Bruce Weaver and Don Oliver be appointed to the Bicentennial Commission. Motion seconded by Alderman McAlister, and carried unanimously. 132 Item llb, cont'd. Moved by Alderman Prothro that Cecil Streich be appointed to the Board of Directors , Community Mental Health Mental Retardation Center for a term to expire July 10, 1976. (He replaces Jerry Mize, who resigned) . Motion seconded by Alderman McAlister, and carried unanimously. Moved by Alderman Morrison that Steve Gose be appointed to the Airport Advisory Board for a term to expire December 31, 1977. (He replaces Herb Smith) . Motion seconded by Alderwoman McCullough, and carried unanimously. Moved by Alderman Prothro that Dr. Hulen J. Cook, Jr. and Robert Pace be reappointed to the Wichita General Hospital Board for terms to expire April 1, 1978. Motion seconded by Alderwoman McCullough, and carried unanimously. Item llc Moved by Alderman Prothro that a public hearing on hazardous structures be held on May 4, 1976. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Prothro noted that he has received several complaints regarding employees parking in the downtown area, and not leaving spaces for customers. He requested that Ed Ilschner contact the downtown merchants, and that parking fees be reinstituted on Saturday morning from 9:00 A.M. to 1 :00 P.M. The Board of Aldermen adjourned at 5 :02 P.M. PASSED AND APPROVED this day of chi 1976. Z7155. 1/ MAYOR ATTEST: DEPUTY CI Y CLERK FIELD NOTES Beginning at the northeast corner of the John A. Scott Survey No. 14, said point being in the present city limits line as described in Ordinance 1954; Thence south along the easterly boundary of said John A. Scott survey, being the present city limits line, to the north right-of-way line of River Road; Thence southwesterly along the north right-of-way line of River Road a distance of 100.0 feet; Thence west to the east bank of the Big Wichita River; Thence following the meanders of the east bank of the Big Wichita River in a northerly and northwesterly direction to its intersection with the northern boundary of said John A. Scott Survey No. 14, said point being in the present city limits line; Thence east along the north boundary line of the John A. Scott Survey No. 14, being the present city limits line, to the place of beginning and containing 41 acres more or less. EXHIBIT A 1790 A G R E E M E N T THIS AGREEMENT entered into this 7th day of April 1976, between the City of Wichita Falls, Texas, hereinafter called Lessor, and Investors Motel Corporation D/B/A Gateway Inn of Wichita Falls, hereinafter called Lessee. W I T N E S SETH : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls, Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and; WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows: I. Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee's expense, a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room:reservations and/or courtesy transportation to and from the Airport. II. The term of this lease will be for a period of one (1) year, commencing on the 15th day of April , 1976, and ending on the 14th day of April 1977. Lessee shall have an option to renew such lease for two (2) successive one (1) year periods, provided that the provisions of said lease shall be subject to re-negotiations at the end of any or each of said one (1) year terms . In consideration of the privileges granted to Lessee herein, a total amount of Twenty-Five and No/100 Dollars ($25.00) shall be paid to Lessor in advance each month during the term of this agreement. IV. It is further agreed by and between the parties hereto, after ninety 90) days from the effective date hereof, that either the Lessee or the Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. r Lessee shall, in case of fire or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs. If the entire building shall be destroyed, then within thirty (30) days after the fire, or other casualty, either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, opera- ting or removing said advertising sign and direct line telephone, or in any other way contributed to by the advertising sign and direct line telephone or operation connected therewith. VII. If default in payment of rent is made by Lessee, or if any other cov- enant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. 2- i' IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. CITY OF WICHITA FALLS, TEXAS: BY: Gera d G. Fox, ty Manager ATTEST: Wilma J. Thom Deputy City C lerk LESSEE: Dati5,„__C BY: 41" c-, APPROVED AS TO FORM: till vurrAtOte,- H. P. `.dge, J j VrAttorney g -' y_ r 7: ,cV, f THE STATE OF TEXAS 4 4 CITY OF WICHITA FALLS 4 THIS AGREEMENT, made and entered into by and between the FORT WORTH AND DENVER RAILWAY COMPANY, a railroad corporation organ- ized and existing under the laws of the State of Texas, hereinafter called "Railway Company," and the CITY OF WICHITA FALLS, a Texas municipality of Wichita County, Texas, through its Mayor duly author- ized, hereinafter called "City": W I T N E S S E T H: Railway Company, for and in consideration of the sum of 10.00, receipt of which is hereby acknowledged, and other good and valuable consideration given by City, does hereby give, grant and de- mise unto the City, right of way easement for the purpose of sanitary sewer line as more specifically stated below and for the purpose of constructing, improving, maintaining and operating for said purposes said sanitary sewer line on the premises hereinafter described by metes and bounds as follows: TRACT NO. 1 Easement for proposed sanitary sewer line connection adja- cent to the westerly extension of theNorth line of Section 3, Lot 2-B in Burlington Call Field Industrial Addition, an addition to the City of Wichita Falls , Wichita County, Texas, said easement being more particularly described as follows: BEGINNING at the point of intersection of the west line of Lawrence Road with said extension of the North line of Lot 2-B, Section 3, said point being 1,209.3 feet west and 2,328 feet north of the south- east corner of Annie E. Cummings Survey, Abst. 610, Wichita Falls, Texas; THENCE, west along said extension of the North line of Lot 2-B, Section 3, 150 feet to existing north and south sanitary sewer line; THENCE, South along said existing sanitary sewer line 15.0 feet; THENCE, east 150 feet to the west line of Lawrence Road; THENCE, North along the west line of Lawrence Road 15.0 feet to the POINT OF BEGINNING, comprising an area of 2,250 square feet (0.0517 acre) , more or less. VOL 1200 PACE 554 Railway Company assumes no responsibility of liability for any injury to or death of any person or persons, or loss of or for damage to the property of any person or persons whomsoever, or for any other cause, including the parties hereto and their employees, in any manner arising from or growing out of the entry upon, occupa- tion or use of the said premises, or the location, construction or reconstruction, existence, use, operation, restoration, repair or maintenance of said drainage and sanitary sewer lines in Wichita Falls, Texas, and appurtenant facilities thereto, or for any other occurrences whether similar or dissimilar to the occurrences , occupation or uses herein enumerated. In the event said premises or any portion thereof shall at any time in the future be abandoned or cease to be used or maintained for drainage or sanitary sewer lines, the easements hereby conveyed, and any and all interest granted by this easement, shall cease imme- diately and revert to the Railway Company, its successors and assigns, with the right to enter upon said premises the same as if this agree- ment had not been made. WITNESS ;th-e signatures of the respective parties hereto, this day-of 1976. ATTEST J FORT WORTH AND DENVER RAILWAY COMPANY 2/'rC. • t - z; G By- - Se e tarecr Its: Presidentyi ATTEST: . = s CITY OF WICHITA FALLS v ,7/f! , l l BY1/ L fr-2y, City ere Its ti4 APPROVED AS TO'FORM: Attorney REC ONMET L+ :, G 1-. v 14.t.^.2 l Chief Engineer (}General Manager Mgr. Ind. Dev. & Real Estate STATE OF TEXAS voL 1260 PAGE 555 ss. COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public in said State and County, this date personally appeared G. F. DEFIEL, President of FORT WORTH AND DENVER RAILWAY COMPANY, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledges to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of said corpora- tion. GIVEN UNDER MY HAND AND SEAL this 1 day of % i A. D. 1976. r Notary Public, Tarrant Co nty, Texas M. S. RICHARD'S, Notary "rub... as Lounty, Texas My Commission Expires June 1 , 1977.