Min 05/04/1976145
Wichita Falls , Texas
Memorial Auditorium Bldg.
May 4, 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 8:30 o'clock A.M. , with the following members present:
J. C. Boyd, Jr. Mayor
Hardy McAlister
Dr. Guillermo Garcia X
Bill E. Gowan X Aldermen
Ray Ashbrook
W. E. Ryle
Jerry F. Mathis
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson City Clerk
Wilma J. Thomas Deputy City Clerk
The invocation was given by John E. Mitchell, of Guadalupe Catholic Church.
Item 3
Moved by Alderman Garcia that minutes of the meeting held April 20, 1976,
be approved.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 4
The public hearing was opened on demolition of hazardous structures .
Pete Martinez, 4604 Lake Park Drive, appeared regarding his property at
107 Tulsa. He felt that an undue amount of pressure and time was spent on his
four lots. He was notified to demolish the structures. He cleared the land
with the exception of one building which has four brick walls. He has not been
told why this structure is considered hazardous. He feels like he is being
chastized personally rather than because of the property. He sold one of the
four lots to repay the loan which he had obtained to demolish the other structures.
The new owner placed a building on that lot which looks worse than it did when
he had it, and a building permit was issued. He feels there are other areas in
town within six blocks of this room which are worse than his was at the time
he had to demolish them. He has been an employee of the City and served on
several boards, and does not understand why the finger was pointed at him. He
stated that he is not against the ordinance, but feels the pressure should be
applied equally to all. If his property goes then he feels there are other
properties which should go.
City Manager Gerald Fox stated that there are many structures in the City
which are in this condition, but they cannot take care of all of them at the
same time. They are not picking on him except to comply with the law. The
issue is not that there are other homes like this , but the issue is whether it
meets the requirements of the ordinance.
Ernest Lillard stated that Mr. Martinez could be issued a building permit to
bring his property up to acceptable standards. If the next door neighbor does
not act on his building permit then it will be cancelled. The ordinance
states that the buildings must be brought up to living standards.
Mr. Martinez felt he was being picked on first. Mayor Boyd stated that he
is not first; that they have had these ordinances continually. Mr. McBee
stated that Mr. Martinez is not getting special attention, and that the building
next door came from Kell right-of-way; not from any of the demolition programs.
146
Item 4, -cont'd.
Mr. Martinez stated that he does not have any money available to reconstruct
this building. His son is a student at the University of Texas, and he would
rather spend his money this way than on demolition or repair of this structure.
No one else desired to be heard, and the hearing was closed.
ORDINANCE NO. 3079
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR
STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR,
VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY
30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY
Moved by Alderman McAlister that Ordinance No. 3079 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 5a
V. r
A report on Midtown 2000 was presented. Midtown is bounded on the west by
Brook, on the east by the railroad tracks , on the North by the Wichita River,
and on the south by Kell Boulevard. The City Manager stated that redevelopment
of the area includes several recommendations for housing, off-street parking,
streets and traffic patterns, human resource and learning center, and urban
beautification of many of these areas. The staff is requesting authority to
prepare a final draft based on the preliminary draft, to be presented to the
Board of Aldermen by July. A non-profit corporation has already been created,
and they hope to work with this group to include use of private resources for
redevelopment of this area.
Moved by Alderman McAlister that this plan be approved in concept, and that
the staff be authorized to proceed with preparation of a final draft.
Motion seconded by Alderman Garcia, and carried unanimously.
Alderman Ryle noted that we seem to have communicated poorly with our
citizens, stating that this is only one sector of town which needs improvement.
This happens to be the target area which we are working on at this time, but we
will perhaps be looking at others later. The City Manager confirmed this.
Item 5b
Discussion was held on the request of several Baptist Church groups for
reconsideration of Ordinance No. 3072 pertaining to possession or consumption
of alcoholic beverages in certain parks. The City Manager noted that this
ordinance recently passed prohibited possession or consumption of alcoholic
beverages in certain parks for the first time. Persons involved in the City
softball association requested that certain ball diamonds be exempted from this
ordinance. Up until this time the City had no regulations concerning this
matter in any parks. Reconsideration was requested by the Baptist Association
and Central Baptist Church.
Fred McDowell, 5206 St. Helena appeared as a representative of Wichita
Archer Clay Baptist Association. He stated that parks are supported with
taxpayers money. We should not allow anything in our parks which would permit
someone to become intoxicated and drive home over city streets . He noted that
we have church and little league teams who play in these parks. He also presented
a letter from City View Baptist Church in regard to this matter.
Mr. David Odom stated that he lives on Stratford Street near Scotland Park,
and he has noticed faster driving and more drinking since the ordinance was
passed which permitted drinking on the ball diamonds.
147
Item 5b, cont'd.
Howard Chapman, 4503 Wynnwood appeared as athletic director of the First
Baptist Church, stating that he did not want to subject his girls and boys to
beer being brought into the stands. Alderman Garcia noted that it is rather
strange that no one paid any attention to this before the ordinance was passed.
Bob Norsworthy, 4508 Dunbarton, stated that some members of Lamar Baptist
Church near Bridwell Park had cars damaged, and some windows in the church
building had to be replaced because of beer cans being thrown through them.
It was pointed out that Bridwell Park is not included in this ordinance. He
believes when we do not restrict alcohol that it will grow.
After further discussion it was moved by Alderman Ryle that an ordinance
be prepared for consideration at the May 18 Council meeting to repeal Ordinance
No. 3072.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 6a
A proposed appropriation ordinance from the general fund was presented.
Discussion was held on the parking ticket mail in fund in the amount of
1,325.00. It was decided to not appropriate this amount. Alderman Ryle
mentioned the Auditorium roof repairs in the amount of $7,500.00. The City
Manager recommended that these repairs be made on an emergency basis due to
water on the roof. Other appropriations include $2,216.00 for Library repairs
and furnishings. Total appropriations amount to $9,716.00.
ORDINANCE NO. 3080
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO
ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Ryle that Ordinance No. 3080 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Moved by Alderman Mathis that the City Manager be authorized to
negotiate with M. A. Vardenbaum and Sons to repair the roof of the Auditorium
on an emergency basis.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 6b
A proposed appropriation ordinance from the water and sewer fund was
presented in the amount of $9,000.00 for the City's portion of operation
and maintenance for Lake Kemp.
ORDINANCE NO. 3081
AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND
TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Garcia that Ordinance No. 3081 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 6c on general revenue sharing was passed over.
148
Item 7a
A proposed ordinance was presented reducing the number of Planning Board
members from 12 to 9, and amending Sections 2-133, 2-134, and 2-138 of the Code
of Ordinances.
ORDINANCE NO. 3082
AN ORDINANCE AMENDING SECTION 2-133, SECTION 2-134, AND 2-138 OF THE
CODE OF ORDINANCES, AND REDUCING THE NUMBER OF PLANNING BOARD MEMBERS
FROM TWELVE TO NINE.
Moved by Alderman McAlister that Ordinance No. 3082 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Moved by Alderman Garcia that Charles Harper be reappointed as chairman
of the Planning Board and that Jackie Allen be reappointed to the Planning Board
for a three-year term, and that Jean Puckett also be reappointed for a two-
year term.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 7b
A request was presented from Cowden Cab Company for a rate increase. The
City Manager stated that adjustments were made in late 1974. Net revenue
received by the cab company during the past fiscal year was in the amount of
3,500. They have requested a basic, or flag drop , rate increase, as well as
elimination of the gross receipts payment to the City, and also that the Board
of Aldermen allow him to experiment with a zone fare system to determine if this
would be a viable system in Wichita Falls. The City Manager recommended an
increase in the flagdrop from 60 to 75¢ for the first 1/6 mile; that the gross
receipts payment be eliminated, but establishing a fee of $50.00 per year for
each taxicab for license and inspection; that a zone fare system plan be
presented to the Board of Aldermen for consideration no later than October 1, 1976;
and that these provisions would become effective on June 1, 1976.
Glynn Purtle appeared as attorney for Cowden Cab Company, stating that
they agree to the 15 cent rate increase. He stated that the gross receipts is
an expense the City is charging to the customer. The zone fare system is
required in order to request federal funds for elderly, handicapped etc. It
is also available to any other passenger. He stated that the ownership has had
no salary for the past year. They presently operate 18 taxicabs , with a $3,000
gross receipts payment to the City. The zone fare will be advertised that there
are two options available to the public. Bob Cowden stated that most of their
riders are either elderly, handicapped, or have a low income. A decrease in
ridership has occured. Community Action Corporation is carrying all the welfare
patients, and this is something they would like to be able to bid on.
ORDINANCE NO. 3083
AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NO. 1631, AS AMENDED,
INCREASING THE RATE OF FARE TO BE CHARGED BY TAXICABS
Moved by Alderman Ryle that Ordinance No. 3083 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote..
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
ORDINANCE NO. 3084
ORDINANCE REPEALING ORDINANCE NO. 1444, AS AMENDED, WHICH LEVIED A
STREET RENTAL CHARGE FOR TRANSPORTING PASSENGERS BY TAXICAB, AND
AMENDING SECTION 31-35 OF THE CODE OF ORDINANCES TO
PROVIDE FOR A TAXICAB OPERATOR'S LICENSE FEE.
149
Item 7b, cont'd.
Moved by Alderman Garcia that Ordinance No. 3084 be passed.
Motion seconded by Alderman Ashbrook.
Moved by Alderman Gowan that the motion be amended to provide an annual
license fee of $10.00 per car instead of $50.00.
Motion seconded by Alderman McAlister, and failed by the following vote:
Ayes : Aldermen McAlister, Gowan, and Mathis
Nays : Mayor Boyd , Aldermen Garcia, Ashbrook, and Ryle
The original motion carried by the following vote:
Ayes : Aldermen Garcia, Ashbrook, Ryle, and Mathis
Nays : Mayor Boyd, Aldermen McAlister, and Gowan
ORDINANCE NO. 3085
ORDINANCE AUTHORIZING, FOR A TEMPORARY TIME, THE ESTABLISHMENT AND
EXPERIMENTATION WITH A ZONE FARE PLAN FOR TAXICABS.
Moved by Alderman McAlister that Ordinance No. 3085 be passed.
Motion seconded by Alderman Mathis , and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 7c
A request was presented from the Downtown Merchants Association for
permission to hold their annual sidewalk sale on July 17 in the Central Business
District. It is recommended that additional liability insurance be purchased
by the Association to cover this sale period if a waiver is granted.
ORDINANCE NO. 3086
ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF
ORDINANCES ON JULY 17, 1976 FOR ANNUAL SIDEWALK SALE IN THE CENTRAL
BUSINESS DISTRICT.
Moved by Alderman Ashbrook that Ordinance No. 3086 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 8a
r. A proposed resolution was presented authorizing application for a grant
from HUD for comprehensive planning assistance.
RESOLUTION NO. 1804
A RESOLUTION AUTHORIZING APPLICATION FOR A GRANT FROM THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR COMPREHENSIVE PLANNING ASSISTANCE.
WHEREAS , the City of Wichita Falls desires to implement innovative and
sophisticated approaches to urban problem solving and such implementation is
essential to the development of the Urban Development Goals which were adopted
by the Board of Aldermen by Resolution No. 1269; and,
WHEREAS, Federal funds for such project are available under the provisions
of Title VII, Section 701 of the Housing Act of 1954, Public Law 83-560, as
amended by Public Law 89-117, and Public Law 93-383, through the Department of
Housing and Urban Development; and,
150
Item 8a, cont'd.
WHEREAS, the City's Planning Division has prepared an application for a
grant in the amount of $34,900 for the purpose of financing the necessary studies,
surveys and publications required for the implementation of such approvals .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS THAT:
SECTION 1. Gerald G. Fox, City Manager, is authorized and directed to
complete and file the application for such grant with the Department of Housing
and Urban Development; the City Manager is further authorized to sign any
necessary documents requested to carry out and complete such project on behalf
of the City.
SECTION 2. With regard to this grant, the City shall follow Title VIII of
the Civil Rights Act of 1968, which provides that it is the policy of the
United States to provide, within constitutional limitations, fair housing
throughout the United States, and requires the Secretary of the Department of
Housing and Urban Development to administer the department's programs and
activities in a manner affirmatively to further the policies of such Title VIII.
SECTION 3. With regard to this grant, the City agrees to follow the Equal
Employment Opportunity Clause contained in Part II, Terms and Conditions,
Comprehensive Planning Grant Agreement, which provides that the grantee shall
not discriminate against any employee or applicant for employment because of
race, color, religion, sex or opportunity in its employment practices.
Moved by Alderman Garcia that Resolution No. 1804 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 8b
A proposed resolution was presented authorizing the City Manager to
execute an advertising lease with the Fiesta Motel at Municipal Airport.
RESOLUTION NO. 1805
RESOLUTION APPROVING LEASE AGREEMENT WITH MRS . RUDOLF TOUS, D/B/A
FIESTA INN MOTEL, FOR ADVERTISING SPACE AT MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain lease agreement, a copy of which is attached hereto, between
the City of Wichita Falls and Mrs. Rudolf Tous, d/b/a/ Fiesta Inn Motel, providing
for advertising space at Municipal Airport, is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Mathis that Resolution No. 1805 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote: AW
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 8c
A proposed resolution was presented authorizing the use of 30 acres in Lucy
Park for a nature study area by the North Texas Bird and Wildlife Club.
RESOLUTION NO. 1806
RESOLUTION AUTHORIZING NORTH TEXAS BIRD AND WILDLIFE CLUB TO DEVELOP
NATURE STUDY AREA IN LUCY PARK.
151
Item 8c, cont'd.
WHEREAS , the North Texas Bird and Wildlife Club has adopted as its
Bicentennial project a plan to develop a nature study area in Lucy Park; and,
WHEREAS, this club has requested authority to develop such a nature study
area by laying out nature trails, planting trees, shrubs and other plants,
placing signs identifying plants and making such other improvements as may be
appropriate for an area of this type; and,
WHEREAS , it appears to the Board of Aldermen that such development of a
portion of Lucy Park is desirable and advisable.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The North Texas Bird and Wildlife Club is hereby authorized to so develop
that portion of Lucy Park shown on the attached plat as a nature study area;
provided, however, that all such improvements to the area by the club shall
first be approved by the Director of Parks and Recreation.
Moved by Alderman Gowan that Resolution No. 1806 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
y Item 8d
A proposed resolution was presented approving right-of-way agreement
between White Stores , Inc. , Have Faith, Inc. , and the City of Wichita Falls.
RESOLUTION NO. 1807
RESOLUTION APPROVING AGREEMENT WITH HAVE FAITH ASSOCIATES AND WHITE
STORES , INC. FOR ACQUISITION OF ADDITIONAL RIGHT-OF-WAY FOR WIDENING
CALL FIELD 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, Have Faith Associates, and White Stores, Inc. , whereby
the City will acquire additional right-of-way needed for widening of Call Field
Road, is hereby approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls .
Moved by Alderman Ashbrook that Resolution No. 1807 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 8e
A proposed resolution was presented authorizing the City Manager to extend
a lease agreement with Beacon Baptist Church.
V RESOLUTION NO. 1808
RESOLUTION APPROVING THIRD AMENDMENT TO LEASE TO BEACON BAPTIST CHURCH,
EXTENDING THE TERM TO DECEMBER 31st, 1978.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement entitled Third Amendment to Lease Agreement, a copy
of which is attached hereto, between the City of Wichita Falls and Beacon
Baptist Church, amending the lease agreement dated April 20th, 1971 is hereby
approved, and the City Manager is authorized to execute the same for the City
of Wichita Falls.
152
Item 8e cont'd.
Moved by Alderman McAlister that Resolution No. 1808 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 8f
A proposed resolution was presented authorizing a fire protection agreement
with the City of Lakeside City.
RESOLUTION NO. 1809
RESOLUTION APPROVING FIRE PROTECTION SERVICES AGREEMENT WITH CITY OF
LAKESIDE CITY.
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 City of Lakeside City concerning the furnishing of
fire protection services, 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. 1809 be passed.
Motion seconded by Alderman Garcia.
Alderman Ryle noted the cost of fire protection to each residence. He
questions whether we should sell it cheaper to someone else than we do our own
citizens. The City Manager explained that this cost is based on what we charged
the County, but we do not charge them on a per call basis . The costs were
based on actual hours of fighting fires rather than on a per capita basis .
Alderman Ryle feels that the costs should be based on all costs, including over-
head. This is one tool which we can have in planning for the overall development
of the City of Wichita Falls . Mayor Boyd stated that we have no obligation to
Lakeside City, but we did with some of the industries which we discussed earlier.
Jon Rivkin, Mayor of Lakeside City, stated there has been one house fire
there in 14 years. They have not had a grass fire the past two years to his
knowledge. They investigated the possibility of a volunteer fire department,
but feel they will have better fire protection from the City of Wichita Falls.
Alderman Ryle stated that he does not believe these fees will retrieve the
City's cost. There has been a 50 percent increase in expenses since 1970.
The motion for passage of Resolution No. 1809 was carried by the following
vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Moved by Alderman Ryle that the agreement be amended to read $5,000.00 444,
annually (instead of $3,500) , and that there be no response call fees.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 9a
Bids were considered on 100,000 pounds of sodium hexametaphosphate for water
purification. It was recommended that the one bid received be awarded to
Chemical Supply Company in the amount of $26,750.00.
Moved by Alderman Ryle that the bid be awarded as recommended.
153
Item 9a, cont'd.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : Mayor Boyd
Alderman Ryle requested that Ben Shelton get the escalator clause off on
our contracts.
Item 9b
Bids were considered on 580 tons of ferrous sulphate for water purification.
It was recommended that the low bid be awarded to Chem-Serv, Inc. , in the amount
of $37,223.00.
Moved by Alderman Ryle that the bid be awarded as recommended.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 9c
Bids were considered on 360,000 pounds silicate of soda for water purification
in tank truck quantities, and 41,600 pounds in drum quantities. It was recommended
that the low bids be awarded to Chemical Supply Company in the amount of $15,470.40
for 360,000 pounds, and to Van Waters and Rogers in the amount of $15 ,371.68 for
41,600 pounds.
Moved by Alderman Gowan that the bids be awarded as recommended.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 9d
Bids were considered on 1,800 tons of quicklime for water purification.
There was a three-way tie for low bid in the amount of $77,040.00 between
Texas Lime Company, Chemical Lime Company, and United States Gypsum Company.
State law provides that the successful bidder will be determined by the casting
of lots . All names were placed in a hat, and the one drawn was Texas Lime Company.
Moved by Alderman Gowan that the bid be awarded to Texas Lime Company in
the amount of $77,040.00.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 10
Permission was requested to advertise for bids on the following items.
J.r
a. 160,000 pounds of fluosilicic acid
b. Jefferson Street drainage project
c. Standard computer paper
Moved by Alderman Garcia that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 11
Moved by Alderman Gowan that minutes of the meetings of the Planning
Board held April 14, 1976, and the Traffic Safety Council held April 7, 1976, be
received.
Motion seconded by Alderman Mathis, and carried unanimously.
154
Item 11 , cont'd.
The Board of Aldermen adjourned at 12 :00 P.M.
i
PASSED AND APPROVED this day of c. ?-k. 1976.
G r
MAYOR
ATTEST:
DEPUTY CITY CLERK
i7
S.
A G R E E M E N T
THIS AGREEMENT entered into this 4th day of May
1976, between the City of Wichita Falls, Texas, hereinafter called Lessor,
and Mrs. Rudolf Tous D/B/A The Fiesta Inn Motel
of Wichita Falls, hereinafter called Lessee.
W I T N E S S E T H :
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 1st day of June, 1976, and ending on the 31st day of May, 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.
III.
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.
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 coven-
ant herein be breached by Lessee, then Lessor may terminate this agreement
and remove Lessee therefrom.
2-
if
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year above written.
CITY OF WICHITA FALLS, TEXAS :
BY: J.:
Gerald('. Fox,
Citi
Manager
ATTEST:
Clerk
LESSEE:
MRS. RUDOLF TOUS D/B/A
THE FIESTA INN MOTEL
BY: i / l
APPROVED AS TO FORM:
Li
H. P. Hodge, J01K ity Attorney
LUCY PARK
DEVELOPED
PARK AREA
NATURE STUDY
PRIVATE
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AGREEMENT
This Agreement, made and entered into this day of
1976, by and between HAVE FAITH ASSOCIATES, a Trustee-
ship, having its principal place of business at Suite 200, 12800 Hillcrest
Road, Dallas , Texas (hereinafter called "Owner") , the CITY OF WICHITA FALLS,
TEXAS, a municipal corporation, having its principal place of business at
1301 Sixth Street, Wichita Falls, Texas (hereinafter called "City") , and
WHITE STORES, INC. , a Delaware corporation , having its principal place of
business at 3910 Call Field Road, Wichita Falls , Texas;
WITNESSETH THAT:
WHEREAS, Owner represents and warrants that it is the owner of the
fee simple title to that certain real property, as outlined in red, on the
survey attached hereto as Exhibit A, and as described by field notes at-
tached hereto as Exhibit B and by this reference made a part hereof (herein-
after called "Owner's property") ; and
WHEREAS, White is the owner of all outstanding and issued stock of a
wholly-owned subsidiary corporation which is the owner of the fee simple title
to that certain real property, as outlined in blue on said Exhibit A (herein-
after called "White's property") ; and
WHEREAS, the City is proposing to widen the roadway, commonly known
as Call Field Road, which lies between Owner's property and White's property;
and
WHEREAS , the parties hereto acknowledge that it is for their mutual
benefit and in their interest to set forth their understanding of which por-
tion of Owner's property and White's property, respectively, will be required
by the City for the purposes of such widening, all as hereinafter provided;
NOW THEREFORE, for and in consideration of Ten ($10.00) Dollars, the
agreements herein contained, and other good and valuable considerations , the
receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows :
1 . Owner hereby agrees to dedicate to City, for street purposes , Owner's
property, together with any other property owned by Owner lying between
Owner's Property and the present Call Field Road, within fifteen (15) days
after request therefor by City, said dedication to be dated within said
fifteen day period.
City hereby agrees that Owner will not, in any way, be responsible
for furnishing any title insurance and/or abstract of title in regard to
Owner's property and that all obligations of Owner, including but not
limited to those for real estate taxes, shall cease as of the date of
said dedication.
Owner hereby agrees to give possession of Owner's property to City
on the date of said dedication.
2. Upon receipt of confirmation from City and Owner that the transaction
provided for in Paragraph 1 hereof has occurred, White hereby agrees to
deliver to Owner the sum of One Thousand ($1 ,000.00) Dollars as and for the
pi'rchase price of Owner's property by City, and further agrees to have a
survey of Owner's property made, with the legal description thereof shown
hereon, and to furnish Owner with a copy thereof.
3. If it is necessary to relocate any utility lines located on Owner's
property in order that they be clear of such widening, such relocation shall
be without expense to White and Owner.
The City further agrees that the acquisition of Owner's property
hereunder shall not, in any way, place the remainder of any adjacent lands
owned by Owner in violation of any zoning ordinance or regulation.
4. The City hereby agrees that none of the White's lands shall , in any
way, be required for such widening, and further agrees that the grade of
said roadway shall not be changed by such widening in a manner that would
affect the ingress and egress to White's property or to the remainder of
adjacent lands owned by Owner.
5. This agreement is performable in Wichita Falls , Texas.
6. In the event of default by any party hereto, any of the parties shall
have the right to specific performance.
7. The parties hereto acknowledge that this agreement is the result of
fair and prior negotiation of the parties , that there have been and are no
representations, statements or promises made other than those contained
herein, and that this agreement is the sole agreement between the parties.
2-
IN WITNESS WHEREOF, this agreement has been duly executed on the
day and year first above-written.
HAVE FAITH ASSOCIATES
By
A. Robert Beer, Sole Trustee
WITNESSES :
THE CITY OF WICHITA FALLS, TEXAS
By
Gerald G. Fox, City Manager
ATTEST:
City Clerk
WHITE STORES, INC.
By
Vice President
ATTEST:
Assistant Secretary
The undersigned , as mortgagee of Owner's property, hereby consents
to the execution and delivery of the foregoing Agreement.
David Andrews
W. S. McCasland
3-
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9
EXHIBIT B
Field Notes for Owner's Property
Being 0.0655 acres of land, more or less, out of and a part of a tract
of land in Block 9, Faith Village Unit I , Addition to the City of Wichita
Falls ; said tract of land being the same land described in a deed from W.
David Andrews and J. V. McCasland to A. Robert Beer, Trustee (Have Faith
Associates) dated July 30, 1974, recorded in Volume 1162, Page 687, Deed
Records of Wichita County, Texas ; said 0.0655 acre tract of land being
more particularly described by metes and bounds as follows :
BEGINNING at the Northwest corner of said Block 9, said corner being in
the South line of Midwestern Parkway (Call Field Road) and 175.02 feet
S 89°56'03" E of the intersection of the East line of Gossett Drive and
the South line of Midwestern Parkway; said point also being 30.00 feet
right of proposed base line Station 67 + 63.43;
THENCE S 89°56'03" E a distance of 434.90 feet along the North line of
Block 9 to a point of angle;
THENCE S 81°36'45" E a distance of 257.30 feet along the North line of
Block 9 to a point in the West line of Rhea Road;
THENCE S 08°21 '06" W a distance of 3.50 feet along the West line of Rhea
Road to a point that is 30 feet right of proposed baseline Station 74 +
58. 19;
THENCE N 81°42' 16" W along a line 30 feet from and parallel to the center-
line of Midwestern Parkway a distance of 121 .20 feet to the point of be-
ginning of a curve to the left ;
THENCE Northwesterly along said curve whose radius is 1879.86 feet a dis-
tance of 270.02 feet;
THENCE N89°56'03" W along a line that is 34 feet from and parallel to the
centerline of Midwestern Parkway a distance of 93.43 feet to the point of
beginning of a curve to the right ;
THENCE Northwesterly along said curve whose radius is 4929.00 feet a dis-
tance of 140.85 feet to the end of the curve to the right and the point
of beginning of a curve to the left , the tangent to said curves at the
point of reverse bears N 88°17'50" W;
THENCE Northwesterly along said curve to the left whose radius is 4869.00
feet a distance of 65.69 feet to a point in the West line of said Block 9;
the bearing of the tangent to the curve at said point being N 89°04' 12" W;
THENCE N 00°48' W along the West line of Block 9 a distance of 0.55 feet
to the place of beginning, containing 0.0655 acres , more or less.
THE STATE OF TEXAS X
COUNTY OF WICHITA X
THIRD AMENDMENT TO LEASE AGREEMENT
WHEREAS, heretofore, the City of Wichita Falls
and Beacon Baptist Church entered into a lease agreement
dated April 20th, 1971, whereby the City leased to the
Church a certain tract of land containing . 25 acre out
of Lot 1-B, as shown on the replat of Lot 1, Block 7
of the Bellevue Addition to the City of Wichita Falls;
and,
WHEREAS, the City and Church thereafter amended the
lease to extend the term thereof to December 31, 1976;
and,
WHEREAS, the Church has requested that the City
extend the term of the lease to December 31st, 1978,
and the City is agreeable to doing so.
NOW, THEREFORE, for and in consideration of the
premises and of the mutual covenants herein contained,
the City of Wichita Falls and the Beacon Baptist Church
do hereby agree that such lease dated April 20th, 1971,
as amended, be, and the same is hereby, further amended
as follows:
Section 2 of such lease agreement is amended so that
the term of such lease shall be extended to December 31st,
1978.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed the 4th day of May, 1976.
CITY OF WICHITA FALLS, TEXAS
BY:
Gerald G. Fox, City Manager
ATTEST:
BEACON BAPTIST CHURCH
BY:
City Clerk
AGREEMENT
This agreement made and entered into between the City of Wichita Falls,
Texas, hereinafter called Wichita Falls, and the City of Lakeside City, Texas, here-
inafter called Lakeside, under authority of the Interlocal Cooperation Act, Article
4413 (32c) of the Revised Civil Statutes of Texas,
WITNESSETH:
For and in consideration of the mutual agreements herein contained, Wichita
Falls and Lakeside do hereby agree as follows:
I.
Wichita Falls hereby agrees to furnish fire fighting equipment and personnel
within the city limits of Lakeside, upon the terms and conditions hereinafter set out.
II.
Lakeside shall pay to Wichita Falls for such fire fighting services on the
following basis: an annual fee of $5, 000 called a standby fee.
III.
This agreement shall be in full force and effect for a period of one (1) year,
beginning May 1, 1976 and ending April 30, 1977. It shall be automatically renewed
for two (2) additional one (1) year periods, unless either party notifies the other party
in writing not less than thirty (30) days prior to the end of any contract year, that the
same shall not be renewed.
IV.
As provided in paragraph (g) of Section 4 of said Interlocal Cooperation Act,
any civil liability related to the furnishing of such fire protection services is the
responsibility of Lakeside.
V.
Wichita Falls shall furnish fire fighting equipment and personnel in response
to all fire calls made to the fire alarm room of Wichita Falls to points within the cor-
porate limits of Lakeside, subject to the following limitations relating to equipment
and emergency conditions. The fire fighting equipment to be furnished shall be a
pumper truck and such other equipment deemed available and necessary by the Wichita
Falls Fire Chief or his duly designated representative.
VI.
It is hereby declared and agreed that an emergency condition shall be con-
sidered to exist within the corporate limits of Wichita Falls when one or more fires
are in progress; when such condition exists, the Wichita Falls Fire Chief shall deter-
mine the advisability of sending fire fighting equipment and personnel beyond the
corporate limits of Wichita Falls, and the judgment of such fire chief shall be final.
VII.
The annual standby fee provided for in paragraph II shall be paid on or
before May 20th each year of the contract period. All such payments shall be made
from current revenues available to Lakeside.
In witness whereof, the parties hereto have caused these presents to be
executed this the day of 1976.
CITY OF WICHITA FALLS, TEXAS
BY:
GERALD G. FOX, CITY MANAGER.
ATTEST:
DEPUTY CITY CLERK
CITY OF LAKESIDE CITY
BY:
MAYOR
ATTEST:
CITY SECRETARY