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Min 12/07/1976272 Wichita Falls , Texas Memorial Auditorium Building December 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 Building at 8 :30 o'clock A.M. , with the following members present: J. C. Boyd, Jr. Mayor Hardy McAlister Dr. Guillermo Garcia 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 James Garrett, Superintendent of Wichita Falls District United Methodist Church. Item 3 (Approval of Minutes) was skipped. Mayor Boyd recognized three members of the Notre Dame football team, noting that they were the only area team to reach the state playoffs. Item 4a The second public hearing was opened on the community development block grant application. The City Manager noted that there will be $1,523,000 in funds available beginning July 1977. He mentioned projects which are scheduled for improvement during this year. These funds are to be used for revitalization of sub-standard sections in our city. The City Manager suggested that an additional $300,000 be appropriated for midtown improvements out of general revenue sharing funds , also. This would equal the $720,000 requested by Midtown Now. Cheryl Pink, Staff Executive for BCI, presented the endorsement of BCI for the Human Resource Center, stating that they support the use of revenue sharing funds for land acquisition for the Center. She stated that various state agencies in Austin endorsed the concept presented by BCI about three years ago, stating that the program would work if the local community designed it. They also took their program to the legislature to see if there would be available funding. The City Manager explained that the report on the human resource center should be available in about 30 days. The public hearing was recessed for a moment to honor Dr. Beyer, who could not stay for the entire meeting. Item 7g RESOLUTION NO. 1890 RESOLUTION RECOGNIZING DR. ARTHUR BEYER FOR HIS WORK AS CHAIRMAN OF THE AMERICAN REVOLUTION BICENTENNIAL COMMISSION OF WICHITA FALLS. WHEREAS, in 1974, when his community called upon Dr. Arthur Beyer to act as chairman of the American Revolution Bicentennial Commission of Wichita Falls , he responded with his typical boundless energy and enthusiasm, in spite of the many other demands on his time from his work and the many other civic activities in which he is always deeply involved ; and , WHEREAS , under the dynamic leadership of Dr. Beyer, the American Revolution Bicentennial Commission has carried on a program commemorating the 200th birthday of our country which has made all of us more aware and thankful for our wonderful heritage; and, 273 Item 7g, cont'd. WHEREAS, while working with the commission, if any member failed to carry out aresponsibility, Dr. Beyer himself would take up and accomplish the task; he was always ready to accept any challenge, his philosophy being that a person cannot lose,as long as he is trying to win; and, WHEREAS, although Dr. Beyer spent untold hours on the American RevolutionBicentennialCommissionandothercommunityactivities, he always gave top priority vor to his students and his teaching activities; and, WHEREAS, by reason of his earnest love of country and optimism for its future,Dr. Beyer is a model for all of us to follow in seeking to carry on and to improve the many blessings which have been bestowed upon all of us as Americans. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT: Special recognition is hereby given to Dr. Arthur Beyer for his work as chairman of the American Revolution Bicentennial Commission of Wichita Falls , and he is hereby highly commended for this and all other activities which he has carried out forhiscommunityandhiscountry. Moved by Alderman Mathis that Resolution No. 1890 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Mayor Boyd presented the resolution to Dr. Beyer, along with a certificate of official recognition from the American Revolution Bicentennial . Dr. Beyer expressedhisappreciation, stating that it is particularly unique that we conclude these activities on this day thirty-five years after we were attacked at Pearl Harbor. Hecalledforasilentprayer. Item 4a, cont'd. f p Ikard Smith, President of Midtown Now Corporation, presented the endorsement of the Board of Directors of the concept which is now before us. Alderman Gowan inquired where he would cut ten percent from his proposal if he were asked to do so. Mr. Smith stated that he could not give a definite answer without going back over his material. He did consider the human resource center and depot square to be number one projects. He felt that depot square could have an immediate effect on the citizens , especially the farmers market. He did not know the cost of the market alone, but perhaps it could run around $150,000. The farmers market and historicalbuildingsweretoppriorityindepotsquare. Alderman Ryle inquired if they had any idea what it would cost the citizens of Wichita Falls to operate and maintain thefarmersmarket? Mr. Smith stated that he did not anticipate much cost to the citizens. The City Manager stated that community development funds would be used for seed money, and they expected to operate it in such a way that it would be a break even operation. Mayor Boyd noted that the Council will have another opportunity to approve or disapprove any specific projects later. George Adams appeared stating that he does not own any property downtown, and as a citizen he feels this would be good for our town; that it is a balance which we need. Alderman McAlister brought up some questions on the short term objectives. Alderman Ryle also mentioned the increase in grant administration from $45,000 to 62,000 in a two-year period. The City Manager stated that they are looking at an additional staff person to assist in grant administration work. He further stated that they are not wedded to 1978-79 or 1979-80, but these are our best estimates. Alderman Ryle stated that he would like to see overhead costs kept to a minimum so that we may get more benefit from the funds available. The public hearing was closed. RESOLUTION NO. 1891 A RESOLUTION APPROVING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 PUBLIC LAW 93-383) BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: 274 Item 4a, cont'd. An application for Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383) is hereby approved, and the 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 execute any necessary documents requested to carry out and complete such grant. The application shall include a statement of needs, long range objectives, short range objectives , a first year budget, and the Housing Assistance Plan. Further, such application shall contain certifications providing the assurances which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. Moved by Alderman Mathis that Resolution No. 1891 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis Nays : None J Item 5b ter,. `Mayor Boyd and Police Chief Daniel presented service awards to each member of the Police Reserve; namely, Grady H. Evans, Lanny R. Evans , Stephen E. Marchand , James Creagle, J. Wilson Pemberton, Melvin E. Russell, Frank Quintero, Bobby E. Shaver, and Artie Woods . Dwaine C. Grant was unable to be in attendance. Dr. Garcia was commended by the Mayor for bringing this matter to the Council's attention. Item 4b The public hearing was opened on hazardous structures. Manuela Mendez and Mrs. Julian Mendez appeared concerning the Guellermo Rodriquez Estate at 321 and 325 Flood Street. She stated that there is some property in the house which should be removed before it is torn down. The City Manager explained that the City has no authority to contract for the removal of dwellings until after the hearing today. He requested that Mr. McBee discuss the alternatives with her after the hearing. The property owner has 30 days from the date of this ordinance to either repair or demolish the structure before the City is authorized to do so. J. A. Simmons appeared regarding the property at 1506 Austin. He stated that he purchased this property six months ago, and has done some work on it. He stated that he could get a building permit and secure and skirt the property within the next thirty days. Following a question from Alderman Ryle, the City Manager explained that we are only dealing with vacant structures. None are occupied; however, we are approaching the time when we will be looking at structures which are occupied. Ernest Lillard stated that from the time when the first inspection is made by Preston McBee sometimes as much as six months passes before they are contacted the second time, and the public hearing is held even later. It is only after every effort has been exhausted that it comes before the Board of Aldermen. If the owners show signs of compliance it never comes before the Council . Preston McBee stated that in more than 75 percent of the cases, they are asking for rehabilitation of the structures rather than demolition. Cost of rehabilitation is prohibitive in most cases. He explained that he feels more responsibility to those who are forced to live next door to some of these places than he does to the owner who takes little or no interest in his property. Alderman Ryle requested some analysis of the program on those structures which have been rehabilitated. He is concerned that what we do is a positive type approach. Mrs. David Powers, 1545 Malcolm, stated that she has lived two doors from a hazardous structure for seven years . She has seen smoke coming out the windows, high grass, rats , and broken windows. There is also a chest type freezer there which children could get in and die. The public hearing was closed. v ORDINANCE NO. 3148 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. 275 Item 4b, cont 'd. Moved by Alderman Ashbrook that Ordinance No 3148 be passed, Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and MathisNays : None V Item 5a Dr. Leo Sabota gave a report of the Charter Revision Committee. The sevenpointswerearrivedatfromtestimonyreceivedfromvarioussources. The first itemdealswiththechiefaccountingofficer. It was recommended that the naming of aspecificincumbentofaccountingfunctionsberemovedfromthecharterandsetup byordinance. The Council would have authority to make the appointment and provide fordesiredchecksandbalancesandpermitflexibilitytoadjusttochangingneedsorconditionsastheyoccur. The second point deals with the number of signaturesrequiredforinitiativeandreferendumpetitions. They recommended a minimum of 750signaturesofelectors. They felt that a low number tends to remove the burden ofresponsibilityfromtheelectedofficialsoftheCity. It also invites frivalous andharassingattemptsatinitiativeandreferendum. The third item deals with the recall of members of the Board of Aldermen. Theyrecommendedthattherecallprocedurebemaintained, but that a replacement for apositionbefilledinthesamemannerasrequiredinotherareasofthecharter. TheBoardofAldermenwouldselectareplacementtoserveuntilthenextregularlyscheduledmunicipalelection. The fourth item pertains to discrepancy between the charter provisions dealingwithelectionsandtheTexaselectioncode. The present city charter requires a petition containing a minimum of 100 signatures to place a candidate in nominationfortheBoardofAldermen. The proposed change is removal of the requirement ofsignaturesof100electors, and filing an application rather than a petition. Anoverabundanceofcandidatesisnotexpected. A revised Section II would moreclearlydescribethenominatingprocedure, and remove contradictions between thecharterandTexaselectioncode. The fifth point considered was whether there should be a change from the presentsystemofelectingmembersoftheBoardofAldermenatlargetoawardsystem. Itwastheirrecommendation, after study, that due to certain court decisions and nodiscriminationofanygroupsthattherebenochangeinthisprocedure. The sixth item dealt with their recommendation to delete Section 152 which is unconstitutional.in that it states that in case of conflict between the city charterandstatelaw, the charter shall prevail. The seventh point deals with the salary ofthemayorandboardofaldermen. They are recotmuending that each receive $250.00permonth. They feel that an increase would cause more interest in city government.It might encourage more people to run for the office, as well as encourage more voterturnoutfortheseelections. Dr. Sabota stated that they feel they have barely scratched the surface. The charter has many portions which should be studied carefully and revisions recommended.He proposed that this study be continued, and suggested that graduate students at MSUcouldprovidethisserviceforthechartercommission. Mayor Boyd suggested that he make a proposal or recommendation on how this can be accomplished. Alderman McAlister expressed the appreciation of the Council for this monumentaltaskwhichtheyperformed. Alderman Ryle stated that he felt the study had beenwelldone, but that it should be continued until the entire charter is addressed. Alderman McAlister suggested a work session between the Council and members of thecharterrevisioncommittee, and requested preparation of a working paper for them tofollow. The Council agreed to meet on Thursday, January 6, 1977 at 7:00 P.M. in theconferenceroom. ftItem6a A proposed annexation ordinance was presented. (Area near Certain-Teed) I, ORDINANCE NO. 3149 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. 276 Item 6a, cont'd. V. Moved by Alderman Garcia that Ordinance No. 3149 be introduced. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, and Mathis Nays : None (Alderman Ashbrook did not vote because of a conflict of interest) . Item 6b 4 Discussion was held on tattoo establishments. Dr. Parker mentioned several cities which they surveyed, and Ft. Worth and El Paso are the only ones who have ordinances regulating tattoo establishments. He feels this will cover the situation except that it will be very difficult for the health department to enforce. It will be very hard to know if the dye which is injected under the skin is completely sterile. Ray Gene Smith, attorney for John Shiloh, stated that it seems the problem here is whether the Council should restrict any business. He stated that Sheppard Air Force Base wants it so they can see what is happening nearby. He stated that he could see no health problem here. The dye is non toxic, and sterilization material is better than most of the hospitals in this city. This man has been in the business many years. Moved by Alderman McAlister that this matter be deferred to our next meeting in December. Motion seconded by Alderman Gowan, and carried unanimously. Item 7a A proposed resolution was presented adopting a policy on display of obscene material. J` RESOLUTION NO. 1892 RESOLUTION ADOPTING POLICY STATEMENT ON DISPLAY OF OBSCENE MATERIAL. WHEREAS, Section 43.22 of the Texas Penal Code makes it a Class C misdemeanor for a person to intentionally or knowingly display or distribute obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution; and, WHEREAS, the Board of Aldermen desires to adopt a policy to be followed by the City Attorney's Office and by the Police Department in filing complaints against and prosecuting persons considered in violation of such Section 43.22. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Policy on Display of Obscene Material, a copy of which is attached hereto, is hereby adopted, and shall be followed by the City Attorney's Office and by the Police Department of Wichita Falls in filing complaints against and prosecuting persons considered in violation of Section 43.22 of the Texas Penal Code. Moved by Alderman Ashbrook that Resolution No. 1892 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 7b A proposed resolution was presented increasing contributions to the Firemen's Relief and Retirement Fund. RESOLUTION NO. 1893 RESOLUTION PROVIDING FOR INCREASED CONTRIBUTIONS TO THE FIREMEN'S RELIEF AND RETIREMENT FUND. 277 Item 7b, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: From and after January 5, 1977, each participating member fireman in the Fire Department shall contribute seven and one-half (7 1/2%) percent of his monthly salary to the Firemen's Relief and Retirement Fund. From and after said date, the City shall also contribute monthly to such fund an amount equal to seven and one- half (7 1/2%) percent of the total monthly salaries of the participating member firemen. Moved by Alderman Ryle that Resolution No. 1893 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 7c A proposed resolution was presented authorizing the city manager to execute a v transportation license for transit operations on Sheppard Air Force Base. RESOLUTION NO. 1894 RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT TRANSPORTATION LICENSE FOR THE OPERATION OF CITY TRANSPORTATION SYSTEM BUSES ON SHEPPARD AIR FORCE BASE WHEREAS, the City of Wichita Falls desires to maintain the operation of its bus system at Sheppard Air Force Base; and, WHEREAS, in order to continue operation of City transportation system buses at Sheppard Air Force Base, it is now necessary for an authorized agent of the City to execute DD Form 694 which will grant to the City of Wichita Falls a five year transportation license permitting the operation of City buses on United States Government property at Sheppard Air Force Base for a five year period beginning November 22, 1976 and ending November 21, 1981 ; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls finds that it will be to the mutual benefit of the citizens of Wichita Falls and military personnel stationed at Sheppard Air Force Base to operate the City bus system at Sheppard Air Force Base. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager of the City of Wichita Falls is hereby authorized to accept on behalf of the City of Wichita Falls, Texas, a transportation license, DD Form 694, a copy of which is attached hereto, for the operation of City transportation system buses at Sheppard Air Force Base, Texas, for a five year period beginning November 22, 1976 and ending November 21, 1981. Moved by Alderman McAlister that Resolution No. 1894 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 7d A proposed resolution was presented creating an industrial district and authorizing the city manager to execute a contract with John Vitek guaranteeing immunity from annexation for seven years. vRESOLUTION NO. 1895 RESOLUTION DESIGNATING A TRACT OUT OF DENTON COUNTY SCHOOL LANDS, LEAGUE 2, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH JOHN R. VITEK AND WIFE GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR SEVEN YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 278 Item 7d, cont'd. if SECTION 1. That certain tract of land out of Denton County School Lands, League 2, a description of which is shown on Exhibit A to the attached contract, being a part of the area located in the extraterritorial jurisdiction of the City of Wichita Falls , is hereby designated as an industrial district in accordance with the pro- visions of Section 5 of the Municipal Annexation Act, Article 970a of the Revised Civil Statutes of Texas. SECTION 2. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and John R. Vitek and wife, whereby the City guarantees the continuation of the extraterritorial status of said tract of land and its immunity from annexation by the City for a period of seven years from January 1st, 1977, 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. 1895 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 7e A proposed resolution was presented creating an industrial district and authorizing the City Manager to execute a contract with Texas Electric Service Company guaranteeing immunity from annexation for seven years. RESOLUTION NO. 1896 RESOLUTION DESIGNATING A TRACT OUT OF DENTON COUNTY SCHOOL LANDS , LEAGUE 2, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH TEXAS ELECTRIC SERVICE COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR SEVEN YEARS. BE-IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That certain tract of land out of Denton County School Lands, League 2, a description of which is shown on Exhibit A to the attached contract, being a part of the area located in the extraterritorial jurisdiction of the City of Wichita Falls, is hereby designated as an industrial district in accordance with the provisions of Section 5 of the Municipal Annexation Act, Article 970a of the Revised Civil Statutes of Texas. SECTION 2. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Texas Electric Service Company, whereby the City guarantees the continuation of the extraterritorial status of said tract of land and its immunity from annexation by the City for a period of seven years from January 1st, 1977, 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. 1896 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 7f A proposed resolution was presented authorizing the city manager to execute a contract with Community Action Corporation for operation of Housing Assistance program. v RESOLUTION NO. 1897 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA FOR ADMINISTRATION OF THE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING. WHEREAS, the 1975 Housing Assistance Plan, prepared as part of the 1975-76 Community Development Block Grant application, stated that over 5,000 families in Wichita Falls need housing assistance; and 279 Item 7f, cont'd. WHEREAS, the Board of Aldermen authorized the City Manager to complete an application for Section 8 - Housing Assistance Payments Program for Existing HousingonFebruary3, 1976; and WHEREAS, on July 22, 1976 the Department of Housing and Urban Development approved the City's application for the Section 8 program; and WHEREAS, on October 7, 1976, the Board of Aldermen approved a motion that the Community Action Corporation be awarded the subcontract for the Administration of the Section 8 program; and WHEREAS, on November 30, 1976 the Department of Housing and Urban Development approved the required Administrative Plan and budget for the Section 8 program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Gerald G. Fox, City Manager, is authorized to execute a contract with the Community Action Corporation of Wichita Falls and North Texas area for the administration of the Section 8 Housing Assistance Payments Program for Existing Housing. Moved by Alderman McAlister that Resolution No. 1897 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 8a Bids were considered on a street sweeper for the Sanitation Department. It was recommended that the low bid be awarded to Martin Equipment Company, Dallas, in the amount of $30,362.40. Moved by Alderman Ryle that the bid be awarded as recommended. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 8b Bids were considered on a magnetic metal extracator for the Sanitation Department. It was recommended that the low bid be awarded to Sabine Machinery Company, Dallas , in the amount of $2,654.00. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Garcia, and carried unanimously. Item 8c Bids were considered on an articulated wheel loader for Parks Department. It was recommended that the low bid meeting specifications be awarded to C.A.S.E. Equipment, Inc. , Wichita Falls, in the amount of $23,487.00. Moved by Alderman Ashbrook that the bid be awarded as recommended. Motion seconded by Alderman Ryle, and carried unanimously. Item 8d Discussion was held on award of bids for police cars. Joe Pistocco was the apparent low bidder, however, their bid reflected four exceptions to the specifications, . including an 80 amp alternator vs a 90 amp alternator, no guage type aumieter, no manual fast idle control, and no antenna cable installed from the trunk to the center of the roof. A cost of $945.00 would have to be added to their bid to correct their deficiencies. Morgan Dodge was the second low bidder, but they indicated that 20.00 per unit would have to be added to their bid for two-tone paint if the paint were other than production colors. Baggett Bridwell was the third low bidder, and their bid was according to specifications. 280 jltem 8d, cont'd. Chester Ludlam, from Joe Pistocco, stated that they could not bid the 90 amp alternator, but that the 80 amp would be more than sufficient. He indicated that General Motors does not offer these other items. Moved by Alderman McAlister that the bid be awarded to Baggett Bridwell as the lowest and best bid meeting specifications. Motion seconded by Alderman Ryle. John Kidwell, from Kidwell GMC, stated that he has attended these specifications meetings for five years. From that meeting we come out with a full set of specifications which are agreeable to the vendors and to the City. He stated that had anyone brought up a specification which he could not bid then they would change the specifications so they could. Mr. Ludlam stated that he attended this last specification meeting. He stated that he brought up the objection that certain items could not be bid , and was told that he would have to bid it as an exception. The motion failed by the following vote: Ayes : Aldermen McAlister and Ryle Nays: Aldermen Garcia, Gowan, Ashbrook, and Mathis Moved by Alderman Garcia that new specifications be drawn, and the police cars be re-bid. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : Alderman McAlister John Eckert, of American Motors Corporation, stated that he was not a bidder on the police cars. This is his first bid. He stated that he was also told to bid exceptions. Ben Shelton verified that that statement was made, stating that it would be taken under consideration depending upon the degree of the exception. John Kidwell stated that the Purchasing Department makes the Council 's job a lot easier. He stated that they have always been treated with courtesy, and he respects the Purchasing Department for not making that decision. The motion was withdrawn. Moved by Alderman Gowan that the bids be reconsidered. Motion seconded by Alderman Garcia, and carried unanimously. Moved by Alderman Garcia that the bid of Joe Pistocco be accepted in the amount of $69,176.80 for the police cars. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Mayor Boyd, Aldermen Garcia, Ashbrook, and Mathis Nays : Aldermen McAlister, Gowan, and Ryle (Alderman Gowan originally voted for the motion, but later changed it to against, stating he realized he had made a mistake.) City Attorney H. P. Hodge stated that he knew of no provision in the law that provides for taking exceptions to items requested. A slight variance can be granted because it in effect meets specifications. Alderman McAlister stated that we have discriminated against the people who did it right in favor of the minority who did it wrong. This is not right. Bids were considered on two staff cars. It was recommended that the low bid be awarded to Baggett Bridwell in the amount of $8,416.00. Moved by Alderman Garcia that the bid be awarded as recommended. Motion seconded by Alderman Ryle, and carried unanimously. Bids were considered on a compact station wagon. It was recommended that the low bid be awarded to Morgan Dodge in the amount of $4,336.25. Moved by Alderman Ryle that the bid be awarded as recommended. Motion seconded by Alderman Ashbrook, and carried unanimously. 281 Item 8d, cont'd. Bids were considered on an intermediate station wagon. It was recommended that the low bid be awarded to Baggett-Bridwell in the amount of $4,758.00. Moved by Alderman Garcia that the bid be awarded as recommended. Motion seconded by Alderman Ryle, and carried unanimously. Bids were considered on four sub-compacts. It was recommended that the low bid be awarded to Longhorn Chevrolet in the amount of $14,615.08. Moved by Alderman Gowan that the bid be awarded as recommended. Motion seconded by Alderman Ryle, and carried unanimously. Bids were considered on a 6000 GVW van. It was recommended that the low bid be awarded to Moore Ford in the amount of $4,961.34. Moved by Alderman Ashbrook that the bid be awarded as recommended. Motion seconded by Alderman Ryle, and carried unanimously. Bids were considered on a compact pickup. It was recommended that the low bid be awarded to Longhorn Chevrolet in the amount of $3,382.80. Moved by Alderman Garcia that the bid be awarded as recommended. Motion seconded by Alderman Ryle, and carried unanimously. Bids were considered on eleven half-ton pickups. It was recommended that the low bid be awarded to Kidwell GMC in the amount of $40,891.75 . Moved by Alderman Ashbrook that the bid be awarded as recommended. Motion seconded by Alderman Garcia, and carried unanimously. Bids were considered on a three-quarter ton pickup. It was recommended that the low bid be awarded to Kidwell GMC in the amount of $4,024.00. Moved by Alderman Ashbrook that the bid be awarded as recommended. Motion seconded by Alderman Gowan, and carried unanimously. Bids were considered on four 9,000 GVW trucks. It was recommended that the low bid be awarded to Morgan Dodge in the amount of $16,515 .72. Moved by Alderman Garcia that the bid be awarded as recommended. Motion seconded by Alderman Ashbrook, and carried unanimously. Bids were considered on a 15,000 GVW truck. The low bidder did not meet specifications, and it was recommended that the lowest acceptable bid be awarded to Kidwell GMC in the amount of $5,901.70. Moved by Alderman Garcia that the bid be awarded as recommended. Motion seconded by Alderman Ashbrook, and carried unanimously. Bids were considered on four 23,000 GVW trucks. It was recommended that the low bid be awarded to Morgan Dodge in the amount of $26,237.56. Moved by Alderman Garcia that the bid be awarded as recommended. Motion seconded by Alderman Ashbrook, and carried unanimously. Bids were considered on a 39,000 GVW truck. The low bid contained four exceptions to the specifications. The second low bidder bid the specifications except for the gas tank being mounted on the right side instead of the left. Moved by Alderman Ryle that Kidwell GMC be awarded the lowest acceptable bid in the amount of $19,211.60. Motion seconded by Alderman McAlister, and carried unanimously. 282 Item 8d, cont'd. Bids were considered on a 41,000 GVW truck. It was recommended that the low bid be awarded to Kidwell GMC in the amount of $14,169.00. Moved by Alderman Ashbrook that the bid be awarded as recommended. Motion seconded by Alderman Garcia, and carried unanimously. Item 8e Bids were received on dump bodies for trucks in various departments. It was recommended that the bids be rejected and permission be granted to readvertise because none of them met the specifications as requested. Specifications will be f- changed to meet current manufacturing practices. Moved by Alderman Garcia that the bids be rejected, and authority granted to readvertise. Motion seconded by Alderman Ashbrook, and carried unanimously. JItem 8f Only one bid was received on two 3-wheel vehicles for various departments. The one bid exceeded budgeted funds, and it was recommended that this bid be rejected, and permission be granted to readvertise. i° Moved by Alderman Ashbrook that the bid be rejected, and authority granted to readvertise. Motion seconded by Alderman Gowan, and carried unanimously. JItem 9a Moved by Alderman Garcia that authority be granted to advertise for bids for replacement of the roof on the Senior Citizens Center. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 9b Moved by Alderman Garcia that authority be granted to advertise for bids on blood counter equipment for the Health Department. Motion seconded by Alderman McAlister, and carried unanimously. Item 9c Moved by Alderman Ashbrook that authority be granted to advertise for bids on an annual supply of automotive storage batteries. i Motion seconded by Alderman Ryle, and carried unanimously. Item 9d Moved by Alderman Ashbrook that authority be granted to advertise for bids for an estimated annual supply of tires and tubes for all departments. Motion seconded by Alderman Ryle, and carried unanimously. Item 10a Moved by Alderman McAlister that minutes of the meeting of the Board of Adjustments L and Appeals held November 19, 1976, be received. y Motion seconded by Alderman Gowan, and carried unanimously. 283 Item lla Alderman McAlister commented on a utility postcard billing system, stating if f envelopes are not provided, payments will be made later. He also stated that the policy statement to news media on Board of Aldermen meetings is acceptable to him. He also spoke in favor of briefings of divisional activities at council meetings. Alderman McAlister stated that he does not believe CATV is a referendum issue. The only reason it comes before the Council is for permission to string cable along our right-of-way. The public can either subscribe or not subscribe to it, and he does not feel the Council should spend a lot of time in studying it. Alderman Mathis felt there was a lack of information on the part of the citizens in 1972. FCC rules have also changed since then. The City Manager noted that Gold Cross Ambulance matters need to be discussed V at an early date. An emergency meeting was set for 4:00 P.M. today. The Board of Aldermen adjourned at 1:00 P.M. PASSED AND APPROVED this A// j day of eC_././-7-t.X,'1 1976. AK MAYOR ATTEST: CITY CLERK POLICY ON DISPLAY OF OBSCENE MATERIAL The following policy shall be followed by the City Attorney's Office and by the Police Department in filing complaints against and prosecuting persons considered in vio- lation of Section 43.22 of the Texas Penal Code. Section 43.22 of Texas Penal Code prohibits a person from intentionally or knowingly displaying obscene material and being reckless about whether a person is present who will be offended or alarmed by the display. Material" means a book, magazine or newspaper; or a picture or other pictorial representations. Obscene Material" means any material which shows: a) Human male or female genitals, buttocks or pubic area with less than a fully opaque covering, or covered male genitals in a dis- cernibly turgid state. b) Any portion.of the female breast at or below the areola. c) Persons engaged in sexual intercourse, or in such position that gives the appearance of being engaged in sexual intercourse. d) Persons engaged in other sexual contact, same being the touching, with the hands or other part of the body, of the genitals or buttocks of another person or the breast of a female. Such material shall not be considered obscene if its dominant theme does not appeal to the prurient interest in sex, nudity or excretion, or, if it has redeeming social value. A person is reckless about. whether a person is present who will he offended or alarmed by the display, if he openly displays such material to persons entering his place of busi- ness or a separate area of the place of business enclosed by walls and doors who have not been warned before entering, by prominent signs, that material depicting nudity or sexual conduct is on display inside. The dealer may avoid this if such materials are displayed as follows: 1. All such materials may be displayed on open shelves with paper blinders, wrappers or boxes so that only the title of the material shall be visible. Or all such material may be displayed on shelves or racks which are so constructed so that only the title of the mater- ial may he visible. 2. All such material shall be displayed with a tape or tab locking the material closed or a completely sealed wrapper so that its con- tents may not be viewed at the place cf business displaying such material. This policy pertains only to prosecutions under Section 43.22, and not to prosecutions under 43.23 and 43.24 of the Texas Penal Code. Nothing contained herein is intended to be used in defense of any charged violation of Sections 43.23 or 43. 24 of the Texas Penal Code. After adoption of this policy, all known places of business displaying such material will be provided with a copy of this policy. Enforcement will begin thirty (30) days after adoption of the policy. TRANSPORTATION LICENSE DEPARTMENT Lk'Y'`0 Military Reservation)ARMS'l AIR FORCE6FLICENSEE PERIOD L---- BEGINNING ENDING c NOV The City of Wichita Falls TX 5 yrs 22 Novi' 76 21 Lv 81 INSTILLATION Sheppard AFB, The above named is hereby granted a license for the period stated, but revocable at will by the Secretary of _the Air Force , to operate and maintain a motor-transportation service on the above installation. THIS LICENSE is granted subject to the following provisions and conditions: 1. That the licensee shall operate and maintain an adequate and suitable transportation service, satisfactory to the Commanding Officer of said reservation, without cost or expense to the United States, over such roads and upon such schedules and with such stops on said reservation for the discharge and loading of 7asseagerS as may be approved by the said Commanding Officer or other competent military authority. 2. That the vehicles operated shall be modern, equipped with pneumatic tires, kept clean, in ood repair, well ventilated and properly heated, and otherwise subject to the approval of the said Commanding Officer, and shall be operated by competent and careful drivers. The Ccrtmandin; Officer may require the licensee to remove from operation on said reservation any vehicle, equipment, or personnel not deemed by him to be satin- factory. 3. That the rates and fares shall be as mutually agreed upon from time to time by the said Commanding Officer and the licensee, provided that such'rates and fares shall not exceed those prescribed by competent authority pursuant to law. 4. That the licensee and the agents and employees of the licensee shall observe and comply with all rules and regulations now in force on said reservation or that may be hereafter prescribed by the said Com- manding Officer or other competent military authority. 6. That the privilege herein granted shall not be construed to prevent the furnishing of trans- portation service by such other persons or companies as may be authorized by the Secretary of the w R. That the licensee shall carry and keep in force insurance in such amount and in such re- sponsible company as the said Commanding Officer may approve, covering liability for injury to persons and damages to properly in the operation and maintenance of said service. 7. .That any property of the United States damaged or destroyed by the licensee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the licensee to the satisfac- tion of the said Commanding Officer, or in lieu of such repair or replacement the licensee shall, if so required by the said Commanding Officer, pay to the United States money in an amount sufficient to compensate for the loss sustained by the United States by reason of damage to or destruction of Government property. R. That the United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the prop- erty of the licensee, or for injuries to the person of the licensee (if an individual), or for damages to the property or injuries to the person of the licensee's officers, agents, servants, or employees, or others who may be on said premises at their invitation or the invitation of any one of them, arising from governmental activities on the said premises, and the licensee shall hold the United States harmless from any and all'ssch claims. 9. That, should the licensee desire to relinquish this license and discontinue the operation of the said service, a written notice of not less than sixty (F0) days shall be given to the said Commanding Officer. 10. That, on or before the date of expiration or w relinquishment of this license, the licensee shell vacate said reservation and remove all property of the licensee therefrom. If, however, this license is revoked, the licensee shall vacate said reservation and remove said property within such time a:> the Secretary DD t `1.E0,3' 694 REPLACES Ertl. tOkUS I36 AND '364A. MiIGI ,vIE uBSOLETL. w of the Air Force may de,ignate. In either event, if the licensee shad fall or neglect to remove said property, then, at the option of the Secretary of the Air F U r c e , said property shall either become the property of the United States without compensation therefor, or the Secretary of the Air Force may cause said property to be removed at the expense of the licensee, and no claim for damages against the United States, or its officers or agents, shall be created by or made on account thereof. 11. Nothing herein contained shall be construed to be in derogation of the rights and remedies afforded aggrieved parties under the Federal Tort Claims Act (60 Scat. A42). IN WITNESS WHEREOF I have hereunto set my band by authority of the Secretary of the Air Force this day of NOV 19 76 . A The above license, to ether with all theg provisions and conditions thereof, is hereby accepted this day of 19 1 THE STATE OF TEXAS § COUNTY OF WICHITA This contract made and entered into by and between the City of Wichita Falls , Texas , a municipal corporation , hereinafter called City" , and John R. Vitek and Doris J . Vitek, hereinafter called The Viteks" , WITNESSETH: WHEREAS, The Viteks are the owners of a certain tract of land , hereinafter called "Subject Property" , located in Wichita County, Texas , said land being more fully described in Exhibit A, which is attached hereto and incorporated herein , and which land is located within City' s extraterritorial jurisdiction, and which land has been leased by the Viteks to American Resin & Chemical Corporation; and , WHEREAS , the Board of Aldermen of City has , by Resolution No , designated Subject Property as an industrial district , and authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the City . NOW, THEREFORE, for and in consideration of the mutual co- venants hereinafter contained to be performed by the parties here- to , City and The Viteks do hereby agree as follows : 1 . City guarantees the continuation of the extraterritorial status of Subject Property, and its immunity from annexation by City for a period of seven (7) years from January 1st , 1977 . 2 . City will furnish water service to The Viteks on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this con- tract , unless City' s Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event The Viteks shall thereafter pay the same rates charged to users within the City limits . 3. City will furnish sanitary sewer service to The Viteks on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this contract , unless City ' s Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance , in which event The Viteks shall thereafter pay the same rates charged to users within the City limits . 4 . City will furnish solid waste collection and removal service to The Viteks on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments with- in the City limits throughout the term of this contract , unless City ' s Board of Aldermen completely eliminates the standard out-of- city additional charge established by ordinance, in which event The Viteks shall thereafter pay the same rates charged to users within the City limits . 5 . The water service , sanitary sewer service and solid waste collection service provided to The Viteks by City shall be sub- ject to the ordinances of City as presently existing and as may be hereinafter amended . 6 , City will furnish fire protection service to The Viteks on Subject Property. 7 : The Viteks will pay to City each year during the seven (7) years of this contract , as payment in lieu of taxes , an amount in cash equal to 25% of that amount that their normal City taxes would have been that year had they been in the City limits . Each annual payment shall be made between October 15 and December 31 of each year ; the first such payment in lieu of taxes shall be pay- able between October 15 and December 31, 1977 . In computing the amount that their taxes would be each year during this contract , the following rules shall be applied . a. The appraised value of the land shall be determined in the same manner that other land in the City is appraised . b . The intial appraisal of the buildings and other improve- ments shall be an amount equal to 92% of the actual costs of such buildings and improvements , which cost figures have been furnished to City by The Viteks . c . The appraised value of the machinery, equipment and other personal property except for inventory shall be , throughout the term of this contract , an amount equal to 65% of the actual costs of such machinery, equipment and other personal property , which cost figures have been furnished to City by The Viteks . d . The appraised value of the inventory shall be determined in the same manner that the inventory of other firms in the City are appraised . e . Each year the then current assessment ration established by the Board of Aldermen shall be applied to the appraised value in order to obtain the assessed value ; the then current tax rate as established by the Board of Aldermen shall be applied to the assessed value to obtain the amount that the taxes would have been that year had the property been located within the City limits . The payment in lieu of taxes shall be 25% of the amount so computed . 8 . This contract does not release or waive any obligations to the City in connection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 9 . In the event The Viteks should breach any of the pro- vision of this contract , and it fails to remedy such breach within thirty (30) days after having been notified by City to do so, then City shall have the right to terminate this contract , and to proceed to annex Subject Property . 10. City shall initiate proceeding to annex Subject Property into the City limits early enough to be able to complete such pro- ceeding by December 31, 1983 , and Subject Property shall be in- cluded on the tax rolls of City on January 1, 1984 . 11. This contract shall be effective as of January 1 , 1977 . 12 . This agreement shall be binding upon and inure to the benefit of the heirs , executors , administrators , successors and assigns of the respective parties hereto . Any such heir , executor , administrator , successor , or assign shall execute a contract iden- tical to this instrument with the City for the balance of the seven year term remaining and uncompleted as of the date such heir , executor , administrator , successor, or assign shall receive or be entitled to receive possession of the subject property. IN WITNESS WHEREOF, the parties hereto have caused this con- tract to _ e executed by their duly authorized officers on this the ( '(] k, day of fpV4 — ber 1976. CITY OF WICHITA FALLS , TEXAS By: Gerald G. Fox City Manager EXHIBIT A Being located in Denton County School Lands, League 2, A-57, Wichita County, Texas, more fully described as follows: Beginning at the southwest corner of a 7.76 acre tract heretofore conveyed to Jack C. Wessler, Trustee, by deed recorded in Vol. 1082, page 98, Deed Re- cords of Wichita County, Texas; said point being in the north right-of-way line of FM Hwy No. 369, said point being S 89° 59' 10" W 359.50 feet from the east line of Block 11 League 2, Denton County School Land; Thence S 89° 59' 10" W along the north right-of-way line of said FM Hwy No. 369, parallel with and 60. 0 feet at right angles from the center line of said Highway, 1269. 36 feet to the intersection of said Highway right-of-way line with the south- east right-of-way line of the Fort Worth and Denver Railroad; Thence N 57° 12' 22" E along the southeast right-of-way line of said railroad, parallel with and 50. 0 feet at right angles from the center line of said railroad, a distance of 1507. 86 feet to the northwest corner of the Wessler 7. 76 acre tract; Thence S 00° 07' 38" F along the west line of said 7. 76 acre tract 816.38 feet to the place of beginning and containing 11.894 acres of land. r THE STATE OF TEXAS COUNTY OF WICHITA X This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", and Texas Electric Service Company, hereinafter called "TESCO". WITNESSETH: WHEREAS, TESCO is the owner of a certain tract of land, hereinafter called Subject Property", located in Wichita County, Texas, said land being more fully described in Exhibit A, which is attached hereto and incorporated herein, and which land is located within City's extraterritorial jurisdiction; and, WHEREAS, the Board of Aldermen of City has, by Resolution No. ifq%% designated Subject Property as an industrial district, and authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the City. NOW, THEREFORE, for and in consideration of the mutual covenants herein- after contained to be performed by the parties hereto, City and TESCO do hereby agree as follows: 1. City guarantees the continuation of the extraterritorial status of Subject Property, and its immunity from annexation by City for a period of seven (7) years from January 1st, 1977. 2. City will furnish water service to TESCO on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event TESCO shall thereafter pay the same rates charged to users within the City limits. 3. City will furnish sanitary sewer service to TESCO on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through- out the term of this contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event TESCO shall thereafter pay the same rates charged to users within the City limits. 4. City will furnish solid waste collection and removal service to TESCO on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments within the City limits throughout the term of this contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event TESCO shall thereafter pay the same rates charged to users within the City limits. 5. The water service, sanitary sewer service and solid waste collection service provided to TESCO by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 6. City will furnish fire protection service to TESCO on Subject Property. 7. TESCO will pay to City each year during the seven (7) years of this con- tract, as payment in lieu of taxes, an amount in cash equal to 2-';;. ofthat amount that their normal City taxes would have been that year had they been in the City limits. Each annual payment shall be made between October 15 and December 31 of each year; the first such payment in lieu of taxes shall be payable between October 15 and Decem- ber 31 of 1977. In computing the amount that their taxes would be each year during this contract, the following rules shall be applied. a. The appraised value of the land shall be determined in the same manner that other land in the City is appraised. b. The initial appraisal of the buildings and other improvements shall be an amount equal to 92% of the actual costs of such buildings and improvements, which cost figures have been furnished to City by TESCO. c. The appraised value of the machinery, equipment and other personal property except for inventory shall be, throughout the term of this contract, an amount equal to 65% of the actual costs of such machinery, equipment and other personal pro- perty, whcih cost figures have been furnished to City by TESCO. d. The appraised value of the inventory shall be determined in the same manner that the inventory of other firms in the City are appraised. e. Each year the then current assessment ratio established by the Board of Aldermen shall be applied to the appraised value in order to obtain the assessed value; the then current tax rate as established by the Board of Aldermen shall be applied to the assessed value to obtain the amount that the taxes would have been that year had the pro- perty been located within the City limits. The payment in lieu of taxes shall be 25% of the amount so computed. 8. This contract does not release or waive any obligations to the City in con- nection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 9. In the event TESCO should breach any of the provisions of this contract, and it fails to remedy such breach within thirty (30) days after having been notified by City to do so, then City shall have the right to terminate this contract, and to pro- ceed to annex Subject Property. 10. City shall initiate proceeding to annex Subject Property into the City limits early enough to be able to complete such proceeding by December 31, 1983, and Sub- ject Property shall be included on the tax rolls of City on January 1, 1984. 11. This contract shall be effective as of January 1, 1977. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the '/ k- day of 4 cy;1 ,(u°.4,/ 197k. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox City Manager ATTEST: City Clerk TEXAS ELECTRIC SERVICE COMPANY BY: ATTEST: i%P zie 2- r EXHIBIT A TESCO Tract Being located in Denton County School Lands, League 2, A-57, Wichita County,Texas, more fully described as follows: Beginning at a point which is S 89° 59' 10" W 359. 50 feet from the intersection of the east line of Block 1, Denton County School Land, League 2, with the north right-of-way line of FM Hwy 369; Thence N 000 07' 38" W 816. 38 feet to the southeast right-of-way line of the Fort Worth and Denver Railroad; Thence N 57° 12' 22" E along said southeast right-of-way line to its intersection with the east line of said Block 1, Denton County School Land, League 2; Thence southerly with said east line of Denton County School Land, League 2, Block 1 to its intersection with the present city limits line as described in Ordinance 2598; Thence westerly along the said present city limits, parallel to and 200 feet north of the north right-of-way line of FM HINT 369 to an ell corner in said city limits line, said point being 200 feet west of the west right-of-way line of Gregg Road extended; Thence south along said city limits a distance of 200 feet to the north right-of- way line of FM Hwy 369; Thence south 89° 59' 10" W along the north right-of-way line of FM Hwy 369 to the point of beginning and containing 6. 7 acres more or less.