Min 09/07/1976204
Wichita Falls , Texas
Memorial Auditorium Building
September 7, 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 Buildingat8:30 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
Ray Ashbrook
W. E. Ryle
Jerry F. Mathis X
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 Alanson Brown.
Item 3
Moved by Alderman Ashbrook that minutes of the meeting held August 3, 1976,be approved.
Motion seconded by Alderman Mathis, and carried unanimously.
U Item 4a
The public hearing was opened on hazardous structures. No one desired tobeheard.
U/ORDINANCE NO. 3110
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/ORSTRUCTURESTOBEDANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR,VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Garcia that Ordinance No. 3110 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Ashbrook, Garcia, Gowan, Ryle, and MathisNays : None
vItem 4b
The public hearing was opened on a proposed ordinance granting a permit toJ-A-C Electric Cooperative, Inc. to provide electric service to certain parts oftheCity (Lake Arrowhead) .
Frank Douthitt appeared as attorney for J-A-C Electric, stating that theywereservingthisareapriortoconstructionofLakeArrowheadandthesubsequentannexation. They desire to serve their existing facilities, along with 200feeteithersideofsuchexistingservice. The area concerned is a dual area,along with Texas Electric Service Company, and could be served by either.
Tom Locke, Division Manager of Texas Electric Service Company in WichitaFallsopposedthe200feeteithersideofJ-A-C's existing, service on groundsofduplicationofservice. He did not object to them serving the previouslyexistingarea.
205
Item 4b, cont'd.
ORDINANCE NO. 3109
AN ORDINANCE GRANTING A PERMIT TO J-A-C ELECTRIC COOPERATIVE INC. ,
ITS SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN IN THE
CITY OF WICHITA FALLS , TEXAS, AN ELECTRIC DISTRIBUTION SYSTEM CONSISTING
OF WIRES, POLES AND OTHER APPURTENANCES TO INDUSTRIAL, COMMERCIAL
AND DOMESTIC USERS IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING THE
RIGHT TO THE SAID J-A-C ELECTRIC COOPERATIVE, INC. TO USE THE STREETS,
ALLEYS AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE, AND MAINTAIN
ITS ELECTRIC DISTRIBUTION SYSTEM; PROVIDING THAT THIS PERMIT DOES NOT
CONFER ANY EXCLUSIVE RIGHTS; PROVIDING THAT THIS PERMIT SHALL CONTINUE
FOR A TERM OF FORTY (40) YEARS; PROVIDING FOR PAYMENT TO CITY OF THREE
PERCENT OF GROSS REVENUES; PROVIDING FOR THE ACCEPTANCE OF THIS PERMIT
BY GRANTEE.
Moved by Alderman Gowan that Ordinance No. 3109 be passed, as written.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
A proposed resolution was also presented for approval of an easement to
J-A-C Electric, to serve property located outside the city limits.
v
RESOLUTION NO. 1844
RESOLUTION APPROVING AN EASEMENT TO J-A-C ELECTRIC COOPERATIVE, INC
FOR AN ELECTRIC LINE AT LAKE ARROWHEAD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain easement, a copy of which is attached hereto, from the City
of Wichita Falls to J-A-C Electric Cooperative, Inc. for an electric line across
certain land owned by the City of Wichita Falls at Lake Arrowhead in Clay County,
Texas is hereby approved, and the City Manager is authorized to execute and
deliver the same for the City of Wichita Falls.
Moved by Alderman Garcia that Resolution No. 1844 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item 5a
Mrs. Roy Bates, 1400 34th Street, appeared as a representative of Wichita
Falls City Council PTA. She presented honarary memberships to a local junior
high to Mayor Boyd and members of the Board of Aldermen.
VItem 5b
David Liles , Regional Manager of Lone Star Gas Company, requested a rate
surcharge of one cent per Mcf, as ordered by the Railroad Commission, in order
to pay Lo Vaca Gathering Company out-of-period adjustments in the amount of
968,630 owed and unpaid. The City Manager recommended that this request be
denied at this time. It was felt by various members of the Council that Lone
Star should fight this Railroad Commission order through the courts. Dallas has
taken the same position. This is in addition to the rates currently authorized
to be billed in the City of Wichita Falls. Alderman Gowan inquired if Mr. Liles
had consulted with his attorney regarding action they could take if they decided
AW
to fight it, and he stated that he had not. Alderman Gowan feels the Railroad
Commission should not be allowed to readjust their contract. Lone Star should
not have to pay for Lo Vaca's mistake, and certainly the customers should not be
forced to pay it. Alderman Ashbrook noted how his personal cost for gas has
206
Item 5b, cont'd.
increased in the past four years . He also noted the increased earnings of
Enserch Corporation, owner of Lone Star Gas Company. Mr. Liles stated that the
utility company has not earned as much as other companies in Enserch Corporation.
A motion was made and seconded to table this matter.
A substitute motion was moved by Alderman McAlister that the ordinance
not be passed which would allow the surcharge.
Motion seconded by Alderman Mathis, and carried by the following vote :
Ayes : Aldermen McAlister, Garcia, Ashbrook, and Mathis
Nays : Aldermen Gowan and Ryle
Items 6a & b
Proposed appropriation ordinances were presented to meet projected1
expenditures for workmen's compensationp program during the remainder of fiscal
year 1975-76 ($15,000 from the general fund and $5,000 from the water andsewerfund.)
ORDINANCE NO, 3111
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO
ACCOUNT NUMBER 11-091-4516, AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS :
SECTION 1. There is hereby appropriated out of the General Fund the
sum of $15,000.00 which shall be placed in Account Number 11-091-4516.
SECTION 2. The fact that this amount is now due and that it is essentialfortheimmediateuseoftheCityofWichitaFallscreatesanemergency, therefore
this ordinance shall become effective immediately upon its passage.
Moved by Alderman McAlister that Ordinance No. 3111 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
ORDINANCE NO. 3112
AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND
TO ACCOUNT NUMBER 81-861-4516, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,TEXAS :
SECTION 1. There is hereby appropriated out of the Water and Sewer Fundthesumof $5,000.00 which shall be placed in Account Number 81-861-4516.
SECTION 2. The fact that this amount is now due and that it is essentialfortheimmediateuseoftheCityofWichitaFallscreatesanemergency, therefore
this ordinance shall become effective immediately upon its passage.
Moved by Alderman Garcia that Ordinance No. 3112 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
207
Item 7a
A proposed ordinance was presented setting refuse rates on certain alleys.
ORDINANCE NO. 3113
ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY
PAVING PROJECTS.
Moved by Alderman Ryle that Ordinance No. 3113 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item 7b
A request was presented from the Wichita Falls Art Association requesting
that they be allowed to hold an art show in the central business district on
October 9, 1976.
ORDINANCE NO. 3114
ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF
ORDINANCES ON OCTOBER 9, 1976 FOR ANNUAL SIDEWALK ART SALE IN THE
CENTRAL BUSINESS DISTRICT.
Moved by Alderman Mathis that Ordinance No. 3114 be passed.
Motion seconded by Alderman Ryle and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
V Item 7c
A proposed ordinance was presented extending for one year the period of
street rental agreement with Southwestern Bell Telephone Company.
ORDINANCE NO. 3115
ORDINANCE ALLOWING THE EXTENSION OF ORDINANCE NO. 2138 FOR A PERIOD
OF ONE YEAR AFTER SEPTEMBER 30TH, 1976, AND DECLARING AN EMERGENCY.
Moved by Alderman Gowan that Ordinance No. 3115 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Gowan, Ashbrook, Ryle, and Mathis
Nays : Alderman Garcia
1,, Item 7d
A proposed ordinance was presented increasing homestead exemptions for the
elderly to $4,000.
ORDINANCE NO. 3116
ORDINANCE AMENDING ORDINANCE NO. 2840 TO INCREASE TO $4,000.00 THE
EXEMPTION FROM AD VALOREM TAXES OF THE ASSESSED TAXABLE VALUE OF
RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER,
AND DECLARING AN EMERGENCY.
Moved by Alderman Ashbrook that Ordinance No. 3116 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
208
V,
Item 8a
Consideration was given to a water purchase agreement with the cityofArcherCity. The City Manager recommended approval of the contract for600,000 gallons per day with a $200.00 per month minimum charge.
Mayor Boyd commented that he is not trying to be anti-Archer City,but feels we should be pro-Wichita Falls . He feels it is very difficult to propose40yearsfromnowwhatourwatercommitmentswillbe. This is not somethingweshouldapprovelightly. Alderman Ashbrook supported the mayor in his remarks.
Alderman McAlister noted that the Farmers Home Administration requires the40-year period in contracts which did not have any federal funding. Alderman
Ryle was concerned with whether the City is getting the full value of its costsoutofthesecontracts. Alderman Ashbrook does not like the 40-year period, andalsofeelsweshouldbeentitledtomakeaprofitonit.
Jack Mueller, Mayor of Archer City, stated that they are on the verge of
rationing water right now. If they do not get a 40-year contract with WichitaFalls, it will probably kill the loan from Farmers Home Administration. He
stated that they need the water bad. They had to have water in the 50's.
Moved by Alderman Ashbrook that this matter be referred to the PlanningDepartmentandPlanningBoardfortheirreview, and bring it back to theCouncil.
Motion seconded by Alderman McAlister, stating that more definitive
guidelines should be given the Planning Board.
Charles Harper, Chairman of the Planning Board, stated they would be
willing to assist the Council in any way which they could. They would likesomeguidelinestofollow. It was agreed that treated and untreated water shouldbediscussedalongwithadvantagesanddisadvantagestoWichitaFalls. Alderman
Mathis noted that Wichita Falls is surrounded on all sides by cities receivingwaterexceptArcherCitytothesouth.
The motion was carried by the following vote:
Ayes : Mayor Boyd, Aldermen McAlister, Garcia, Ashbrook, and Ryle
Nays: Aldermen Gowan and Mathis
Item 8b
Moved by Alderman Ryle that consideration of the water purchase contract
with Dean Dale Water Supply Corporation be referred to the Planning Board.
Motion seconded by Alderman Ashbrook.
A substitute motion was moved by Alderman McAlister to table this matter.
Motion seconded by Alderman Gowan, and failed by the following vote:
Ayes : Aldermen McAlister, Gowan, and Mathis
Nays : Mayor Boyd, Aldermen Ashbrook, Garcia, and Ryle
The original motion carried by the following vote:
Ayes : Mayor Boyd, Aldermen Ashbrook, Garcia, and Ryle
Nays : Aldermen McAlister, Gowan, and Mathis
V Item 8c
A proposed resolution was presented approving plan implementation chapteroftheMidtown2000Plan.
RESOLUTION NO. 1845
A RESOLUTION APPROVING THE PLAN IMPLEMENTATION CHAPTER OF THE
MIDTOWN 2000 PLAN
209
Item 8c, coned.
WHEREAS, on May 4, 1976 the Board of Aldermen approved the draft of the
MIDTOWN 2000 Plan with the exception of a financial strategy; and
WHEREAS, the Board of Aldermen instructed the Planning Division to complete
the financial strategy section of the Plan Implementation Chapter; and
WHEREAS, the Planning Division has prepared a financial strategy and
incorporated such strategy within the Plan Implementation Chapter.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The Plan Implementation Chapter of the MIDTOWN 2000 Plan is hereby approved.
Moved by Alderman Ryle that Resolution No. 1845 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays: None
Item 8d
A proposed resolution was presented approving an advertising lease at
Municipal Airport with Medical Center Inn.
RESOLUTION NO. 1846
RESOLUTION APPROVING LEASE WITH MEDICAL CENTER INN (LTD.) FOR ADVERTISING
SIGN AND TELEPHONE AT WICHITA FALLS MUNICIPAL AIRPORT.
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 Medical Center Inn (Ltd.) , doing business as Towne
Crest Inn, providing for space for an advertising sign and direct line telephone
in the claim bag area at Wichita Falls Municipal Airport is hereby approved,
and the City Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Gowan that Resolution No. 1846 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
J Item 8e
A proposed resolution was presented authorizing the City Manager to execute
Supplemental Agreement No. I to the lease with the Federal Aviation Authority
for space at Municipal Airport.
RESOLUTION NO. 1847
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DOT-
FA73SW-1163 WITH THE UNITED STATES OF AMERICA COVERING CERTAIN SPACE
IN THE MUNICIPAL AIRPORT TERMINAL BUILDING.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain Supplemental Agreement No. 1 to Lease No. DOT-FA73SW-1163
between the City of Wichita Falls and the United States of America, covering
certain space in the Municipal Airport Terminal Building used by the Federal
Aviation Administration, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
210
Item 8e, cont'd.
Moved by Alderman Mathis that Resolution No. 1847 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and MathisNays: None
Item 8f
A proposed resolution was presented calling a public hearing on the1976-77 budget for October 7, 1976.
RESOLUTION NO. 1848
RESOLUTION CALLING PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE
BUDGET AND THE APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNINGOCTOBER1ST, 1976.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,THAT:
A public hearing is hereby called for October 7, 1976, at 8:30 o'clockA.M. in the Council Room in the Memorial Auditorium Building to consider the
adoption of the budget and the appropriations ordinance for the City of WichitaFallsforthefiscalyearbeginningOctober1st, 1976. The City Clerk isdirectedtogivepublicnoticeofthehour, date and place of such public hearingbyplacinganoticeinatleastonenewspaperofgeneralcirculationinthe
City not more than thirty days nor less than ten days before said public hearing.
Moved by Alderman Garcia that Resolution No. 1848 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and MathisNays: None
Item 8g
A proposed resolution was presented supporting additional revenues forTexashighways.
RESOLUTION NO. 1849
RESOLUTION SUPPORTING ADDITIONAL REVENUES TO SOLVE THE CURRENT TEXASHIGHWAYFUNDINGCRISIS.
WHEREAS, citizens of Texas are concerned that state and federal highwayconstructionandmaintenancefundshaveremainedforseveralyearsataninadequateanddeclininglevelwhilecostshavemorethandoubledsince1967; and,
WHEREAS, the current highway funding crisis has resulted in a drasticreductioninthepaceofimprovingthestatehighwaysystem; and,
WHEREAS, there is a backlog of $11 billion in highway improvement projectsandanticipatedrevenuesforconstructionduringthenext20yearsofonly $1.9billion; and,
WHEREAS, all existing revenue will be needed by 1980 just to maintain thestatehighwaysystem, with no funds available for upgrading obsolete roads andbridgesorfornewconstruction; and,
WHEREAS, the State Highway and Public Transportation Commission has
undertaken a thorough study of road improvement needs and revenues which will berequired; and,
WHEREAS, Texas highway user taxes--including the motor fuel tax andautomobileregistrationfees--are the lowest in the nation; and,
WHEREAS, the present inadequate funding level will adversely affect thestate's economy, will result in increased unemployment, will contribute to
continued death and destruction on Texas highways at a rate higher than thenationalaverage, and will result in higher costs for the movement of goodsandpeople;
211
Item 8g, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
Governor Dolph Briscoe and members of the 65th Texas Legislature convening
in January, 1977, be urged to provide adequate additional revenues to meet the
basic highway transportation needs of the people of Texas. Additional revenue
should be sufficient to restore highway funds eroded by inflation and to recognize
transportation as a high priority responsibility of the state government.
Moved by Alderman Gowan that Resolution No. 1849 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
V Item 8h
A proposed resolution was presented calling a public hearing for October
19, 1976, on proposed location of portable classroom buildings in Scotland
Park adjacent to Huey Shcool.
RESOLUTION NO. 1850
RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED LOCATION OF TWO
PORTABLE SCHOOL BUILDINGS IN SCOTLAND PARK ADJACENT TO HUEY SCHOOL.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
In accordance with Article 5421q, Revised Civil Statutes of Texas , a public
hearing is hereby called on Tuesday, October 19th, 1976 at 8:30 o'clock A.M. to
consider the approval of the location of two portable classrooms, one 40 feet
by 50 feet and the other 25 feet by 110 feet, in Scotland Park adjacent to Huey
Elementary School. The City Clerk is directed to publish a notice stating the
proposed project and the date and place for the public hearing, which notice
shall be published once a week for three consecutive weeks in a newspaper of
general circulation in the City; the last publication shall not be less than one
week or more than two weeks before the date of hearing.
Moved by Alderman Gowan that Resolution No. 1850 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 9a
Bids were considered on three 40,000 GVW trucks mounted with 28 cubic yard
compaction bodies for Sanitation Department. It was recommended that the low
bid be awarded to Pak-Mor Manufacturing Company in the amount of $116,325.99.
Moved by Alderman Ryle that the bid be awarded as recommended, subject to
appropriation of money in next year's budget.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 10a
A proposed resolution was presented for approval of final estimate and
change orders for waste water treatment plant.
RESOLUTION NO. 1851
RESOLUTION APPROVING CHANGE ORDERS NO. 2, NO. 3, NO. 4 AND NO. 5,
AND ESTIMATE NO. 28 (FINAL) , AND ACCEPTING CONSTRUCTION OF ADDITIONS
AND IMPROVEMENTS OF THE WASTEWATER TREATMENT FACILITIES.
212
Item 10a, cont'd.
WHEREAS, the City of Wichita Falls and Katy Engineering Company entered
into a contract dated August 8, 1973, wherein said contractor agreed to construct
additions and the improvements to the Wichita Falls wastewater treatment facilities;
and,
WHEREAS, it is found on this date that said construction has been sub-
stantially completed in accordance with the plans and specifications as determined
by the City's engineers, Black and Veatch, Inc. ; and,
WHEREAS, the contract price for such construction was $4,398,000.00; five
change orders were made, making the total amount due on said contract $4,348,719.62.
The contractor has submitted Estimate No. 28 (Final) . Of the total amount due
on the contract, $4,196,824.52 has been paid, leaving a balance due the contractor
of $151,895.10.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of such additions and improvements to the wastewater
treatment facilities is accepted by the City of Wichita Falls, Change Orders
No. 2, No. 3, No. 4 and No. 5, and Estimate No. 28 (Final) are approved, and
the City Manager is directed to pay to said contractor the balance due in the
amount of $151,895.10.
Moved by Alderman Gowan that Resolution No. 1851 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item lOb
f'` A proposed resolution was presented approving payment for construction of
storage buildings for parks and recreation shops.
RESOLUTION NO. 1852
RESOLUTION ACCEPTING CONSTRUCTION OF THREE RIGID FRAME STORAGE
BUILDINGS FOR THE PARKS DEPARTMENT.
WHEREAS, the City of Wichita Falls and Virgil Mills Construction Co.
entered into a contract dated May 18th, 1976, wherein the Contractor agreed
to construct three rigid frame storage buildings for the Parks Department; and,
WHEREAS, said construction has been completed in accordance with the plans
and specifications; and,
WHEREAS, the contract price for such construction was $18,768.00; of this
amount, $16,891.20 has been paid, leaving a balance due the Contractor of
1,876.80.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of such rigid frame storage buildings is accepted by the
City of Wichita Falls, and the City Manager is directed to pay to said Contractor
the balance due in the amount of $1,876.80.
Moved by Alderman Garcia that Resolution No. 1852 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook , Ryle, and Mathis
Nays : None
v Item lla
Permission was requested to advertise for improvements to Municipal Airport,
Phase II. This will consist of concrete for parking apron.
213
Item lla, cont'd.
Moved by Alderman McAlister that authority be granted as requested.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 12
V
Moved by Alderman Ryle that minutes of the meetings of the following boards
be received.
a. Planning Board-August 11, 1976
b. Citizens Traffic Safety Council-August 4, 1976
c. Bicentennial Commission-August 12, 1976
Motion seconded by Alderman McAlister, and carried unanimously.
Item 13a
V
Moved by Alderman Gowan that a public hearing be held on October 7 on
hazardous structures.
Motion seconded by Alderman Ashbrook, and carried unanimously.
v
Item 13b
Alderman McAlister noted that certain pornographic material is being
displayed in bookstores springing up in various parts of the City. One such
establishment is located next door to Baskin Robbins. He wonders if this body
can do anything to prevent its spread to residential areas. The City Attorney
was directed to do some research into this matter.
Alderman McAlister requested that the matter of access on Kell Boulevard
be placed on the next agenda.
Mr. Snead, 4508 Pasadena, appeared protesting being forced to pay for r
alley paving when Woods Nursing Home and University Pentecostal Church put up
half the money. He did not want the paving. There are seven property owners
other than the two institutions.
Tommy Robinson, 708 Jalonick Street, complained that CAC had presented
a request to be placed on this agenda to discuss Section 8 housing program. The
City Manager stated there was nothing in the letter requesting that it be placed
on the agenda, and that it was not ready yet. Mr. Robinson requested that it be
placed on the agenda for the next meeting.
Silvia Nanez failed to appear at the public hearing on August 4 in regard to
i
paving North 2nd and North Brook. She felt it was too much money for the
property involved. She was informed that the public hearing had been closed,
and it was also too late to appeal through the courts.
The Board of Aldermen adjourned at 12:55 P.M.
PASSED AND APPROVED this
e
day of l -e.4.> ' 1976.
MAYOR
ATTEST:
CITY CLERK
EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF CLAY
That the City of Wichita Falls , a municipal corporation, acting
herein by and through its duly authorized City Manager , Gerald Fox
herein called Grantor) of Wichita County, Texas , for and in consideration
of the sum of One and no/100 Dollars ($1 . 00) in hand paid by J-A-C
Electric Cooperative, Inc . (JAC) a rural electric cooperative organzied
pursuant to Article 1528b, V.A.T .S . , have granted, sold and conveyed
and by these presents do grant, sell and convey unto the said JAC,
an easement and right-of-way for an electric distribution line consisting
of variable numbers of wires, at or near the location and along the
general course now located and staked out by JAC along, over , across
and ,upon the following described lands located in Clay County, Texas ,
to-wit :
A tract of land situated in the W.C. R.R. Co.
Survey No . 20 , Abst. No . 854 , Clay County, Texas,
described by metes and bounds as follows :
BEGINNING at a point which is the Northeast corner
of this tract, said point being the Northernmost
Southeast corner of a tract of land described
in a Deed from A.R. Hatfield et ux to James Short
as "Second Tract" said Deed being recorded in
Vol . 227 , Page 172 , Clay County Deed Records;
THENCE South 85° West 1386 feet to the Northwest
corner of this tract;
THENCE South 342 feet to a point in the North
right-of-way line of a county road;
THENCE North 85° East 1386 feet, along the North
right-of-way line of said county road to a point
for the corner of this tract;
THENCE North 342 feet to the place of BEGINNING.
The general course of said line across said land is shown on
the plat attached hereto as "Exhibit A" and is further described
as follows :
BEGINNING at a point on the South boundary line
of the above described tract, said point being
South 85° West 60 feet from the Southeast corner
of said tract, said point also being in the North
right-of-way line of a county road and immediately
North of a stake which is the proposed location
for a J-A-C Electric Cooperative distribution
line pole , said pole being wholly within the
county road right-of-way;
THENCE Northerly across the above described tract
to a point where a pole location is staked for
J-A-C Electric Cooperative, Inc. , said point
being 110 feet North and South 85° West 70 feet
from the Northeast corner of the above described
tract.
This easement and right-of-way is limited to the specific purpose
of crossing the above described lands and is limited to an aerial
easement only, and confers no right of any kind upon JAC to set any
poles or other appurtenances on the lands owned by the Grantor and
is only for the purpose of allowing JAC to deliver electric service
from its present facilities located outside of the City of Wichita
Falls to a point of delivery also situated on lands outside the City
of Wichita Falls where a consumer has requested retail electric utility
service.
Grantor recognizes that the general course of said line as above
described is based upon preliminary surveys only and hereby agrees
that the easement hereby granted shall apply to the actual location
of said line when constructed.
Together with the right of ingress and egress over Grantor ' s
adjacent lands to or from said right-of-way for the purpose of inspecting
maintaining, constructing and removing said line; the right to relocate
along the same general direction of said line; the right to relocate
said line in the same relative position to any adjacent road if and
as such road is widened in the future; the right to prevent construction
of for a distance of 5 feet on each side of the actual center of
said line any or all buildings , structures or other obstructions
which in the sole judgment of JAC may endanger or interfere with
the efficiency, safety and/or convenient operation of said line;
and the right to trim or cut down trees or shrubbery within, but
not limited to, said 10 foot space , to the extent, in the sole judgment
of JAC, as may be necessary to prevent possible interference with
the operation of said line or to remove possible hazard thereto.
To have and to hold the above described easement and rights
unto the said JAC, its successors and assigns, until said line shall
be abandoned.
Grantor hereby binds itself, its legal representatives and assigns
to warrant and forever defend all and singular the above described
easement and rights unto the said JAC, its successors and assigns ,
against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
Executed this day of September, 1976 .
CITY OF WICHITA FALLS
by
Gerald Fox, City Manager
2-
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, on this day personally
appeared Gerald Fox, City Manager of the City of Wichita Falls,
Texas , known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in
the capacity therein set forth.
Given under my hand and seal of office this day of September,
1976 .
Notary Public in and for
Said County and State
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A G R E E M E N T
THIS AGREEMENT entered into this 8th day of September
1976, between the City of Wichita Falls, Texas, hereinafter called Lessor,
and Medical Center Inn (Ltd.) D/B/A Towne Crest 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 Fall ,
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 10th day of September, 1976, and ending on the 9th day of September, 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 cov-
enant herein be breached by Lessee, then Lessor may terminate this agreement
and remove Lessee therefrom.
2-
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year above written.
CITY OF WICHITA FALLS, TEXAS
BY:
Gerald G. Fox, City Manager
ATTEST:
City Clerk
LESSEE:
MEDICAL CENTER INN (Ltd.) D/B/A
TOWNE CREST INN
BY:
APPROVED AS TO FORM:
H. P. Hodge, Jr. , City Attorney
w
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
POST OFFICE BOX 1689
FORT WORTH, TEXAS 76101
Lease No. DOT-FA73SW-1163
Sector Field Office
Terminal Building
Municipal Airport
Wichita Falls, Texas
podrN--4
SUPPLEMENTAL AGREEMENT NO. 1
THIS SUPPLEMENTAL AGREEMENT, made and entered into this 8th day of
September 1976, by and between THE UNITED STATES OF AMERICA, herein-
after called the Government, represented by the Federal Aviation Administration,
and THE CITY OF WICHITA FALLS, TEXAS, hereinafter called the Lessor, whose
address is Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas 76307,
That:
WHEREAS, on the 1st day of March, 1973, the parties hereunto entered into 11110!a
Lease No. DOT-FA73SW-1163 for the consideration and purposes more particularly
stated in said lease; and
WHEREAS, a request for renegotiation to increase rate of custodial services
was given by the Lessor by letter dated July 9, 1976; and
WHEREAS, in accordance with Article 11 of said lease, it is mutually agreed 6'a:
that the custodial services rate shall be adjusted from $1.37 per square foot
to $2.20 per square foot for 400 square feet for an increase of $332.00 per Ommr-
annum, making a total of $880.00 per annum.
NOW, THEREFORE, effective August 1, 1976, the parties hereto agree to
amend the basic lease in the following particulars only, viz:
1. Article 3: Amend annual rental from $1,460.00 to $1,792.00 and
quarterly rental from $365.00 to $448.00; and
2. Article 9: Amend Custodial Rate $1.37 from $1.37 per square foot
to $2.20 per square foot and the grand Total from $1,460.00 to
1,792.00; and
3. Article 10: Amend annual rental from $1,460.00 to $1,792.00.
ALL OTHER TERMS AND CONDITIONS of the basic lease are hereby ratified and
ti,except as amended hereinabove shall be and remain the same.
f':'7 '"1`d i, '`'G"r#a.'---'c_''=:'+5''- -,=_,YFf s.lc`'¢
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mss _F id
n.'S! ,i-F
Supplemental Agreement No. 1
Lease No. DOT-FA73SW-1163
Sector Field Office sumaL
Terminal Building
Municipal Airport
Wichita Falls, Texas
IN WITNESS WHEREOF, the Parties hereto have executed this agreement as
of the date and year first written above.
THE CITY OF WICHITA FALLS, TEXAS THE UNITED STATES OF AMERICA..
erald G. Fo Michel D. Hinton
Title: City Manager Title: Contracting Officer
CORPORATE CERTIFICATE
r.
I, Gerald L. Carlson certify that I am the City Clerk
OPIPPIIF
Seer - a--y of the corporation named in the attached agreement; that
Gerald G. Fox who signed said agreement on behalf of the
corporation was then City Manager thereof; that said agree-
ment was duly signed for and in behalf of said corporation by authority of
its governing body and is within the scope of its corporate powers.
Dated this day of J7/eollf? r 1976.
CORPORATE SEAL By: Z.
T"" {
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