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Min 04/19/1977357 Wichita Falls, Texas Memorial Auditorium Bldg. April 19, 1977 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 Fred E. Bassett Carol Russell X Aldermen Ray Ashbrook W. E. Ryle Jerry Mathis X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gary Lucus Assistant City Clerk Wilma J. Thomas Deputy City Clerk The invocation was given by Chaplain Thomas E. Gallenbach, Sheppard Air Force Base. Item 3 Moved by Alderman Ashbrook that minutes of the meeting held April 4, 1977, be approved. Motion seconded by Alderman Mathis, and carried unanimously. v4 Item 4a 7; ; ) Employee of the Month awards were presented to Kenneth Brasher (March) of the Water Distribution Department, and Robert Wilson (April) of Traffic Engineering. Mayor Boyd presented each with a plaque and two tickets to El Babo's and an interstate theatre. Item 4b Discussion was held on purchase of high pressure sodium vapor lighting system from TESCO. The City Manager explained the background of this request which was discussed by the Council in the summer of 1976. Monies are available in the Community Development Block Grant funds. Approval of a bill of sale in a total amount of $28,414.05 was requested. Fair value is determined from original cost and current reconstruction cost. Our lamps and luminaires will be installed on their poles. We presently own the expressway system. RESOLUTION NO. 1950 RESOLUTION ACCEPTING FROM TEXAS ELECTRIC SERVICE COMPANY BILL OF SALE FOR 605 HIGH PRESSURE SODIUM VAPOR LIGHTING SYSTEM, AND AUTHORIZING THE PAYMENT OF $28,414.05 FOR SAME. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Bill of Sale, whereby Texas Electric Service Company conveys to the City of Wichita Falls a 605 high pressure sodium vapor lighting system, is hereby accepted, and the City Manager is authorized to pay Texas Electric Service Company the sum of 23,414.05 for such Bill of Sale. Moved by Alderman McAlister that Resolution No. 1950 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None y Item 4c Dr. Aubrey Cox and Tom Edmondson presented the Health Department briefing. Alderman McAlister mentioned the dark smoke rising from Certainteed. Mr. Edmondson explained that Texas Air Control is working with Certainteed at the present time, and they are given 358 Item 4c, cont'd. a certain amount of time to meet these guidelines. Alderman Ryle inquired if out-of-city people can use our trash dump by paying the city? It was explained that they can, and Mr. Edmondson feels that we need a collection point in our own perimeter. It will take some money to provide this, but Ernest Lillard is working with the County on it, also. Alderman Russell inquired if milk from the seven county area is marketed in Wichita Falls, and Mr. Edmondson stated that it is. A class from Reagan Junior High School was recognized by Mayor Boyd. Item 5a A proposed appropriation ordinance was presented to fund replacement of a vehicle in y Traffic Engineering which was demolished by a speeding car which went out of control and collided with the city vehicle parked in the front yard of the driver. ORDINANCE NO. 3179 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3179 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Moved by Alderman Mathis that authority be granted to advertise for bids for vehicle replacement. Motion seconded by Alderman Ashbrook, and carried unanimously. V Item 6a A proposed ordinance was presented amending the traffic ordinance by deleting certain parking restrictions. ORDINANCE NO. 3180 AN ORDINANCE AMENDING PARAGRAPH (d) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, BY DELETING PARKING RESTRICTIONS ON THE NORTH SIDE OF NINTH STREET BETWEEN 4:30 PM AND 6:00 PM. Moved by Alderman Ashbrook that Ordinance No. 3180 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 4/ Item 6b T A proposed ordinance was presented providing for numbering of residential units in apartment complexes. Aldermen Ryle and McAlister were concerned about a layout plan being located at various points to show where a certain apartment is located, and also a numbering system and the logic and reasoning for assigning the numbers. The City Manager explained that the City would be assigning the numbers, and should have some consistency in these assignments. Steve Ondrejas, Director of Planning, pointed out that we have standardized procedures in locating these numbers, using a clockwise position from the office. ORDINANCE NO. 3181 AN ORDINANCE AMENDING SECTION 27-52(e) AND ADDING SECTION 27-57.1 TO THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS PROVIDING FOR THE NUMBERING OF RESIDENTIAL UNITS IN AN APARTMENT COMPLEX; PROVIDING FOR THE TYPE OF ADDRESS NUMBERS IN APARTMENT COMPLEX, AND PROVIDING FOR ENFORCEMENT. Moved by Alderman Ashbrook that Ordinance No. 3181 be passed. 359 Item 6b, cont'd. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 6c Discussion was held on a proposed ordinance regulating massage parlors. City Attorney H. P. Hodge, Jr. explained that this ordinance was modeled after the National Institute of Municipal Law Officers model ordinance. There have been a number of test cases around the country testing this ordinance, and he feels it is about as close to meeting any constitutional tests as we can find. Extra copies of the ordinance were made available to anyone requesting them. Mr. Bartley at the YMCA was concerned about some of the provisions, such as the exemptions on Page 2. Cases have already well established that this type of exemption is allowable. Mr. Bartley has suggested that they go further in exemptions, such as requirements for persons giving massages, and those owning the establishment. A lengthy discussion of this proposed ordinance developed, with various members of the Council and Police Chief Harrelson contributing to it. Matters such as location, educational requirements of a masseur or massuese, massaging a person of the same or opposite sex, homosexual activities, prostitution, the official designated to approve or disapprove the application for a license, and color of clothing to be worn were considered. The City Attorney explained that a lot of detail is required in this ordinance. Alderman Bassett feels that we should place the age requirement in the first part of the ordinance; that we should put in the ordinance what we feel is best for the City of Wichita Falls; and that we should be bold in applying it. Some consideration should be given to someone such as the YMCA, whose primary source of income is not from massages. Further discussion revealed that these ordinances are widespread over the country, and Chief Harrelson stated that the police chief in San Antonio had told him that massage parlors are operating there legitimately under the provisions of the ordinance. Section 22 (a) is the most objectional part of the ordinance for Alderman McAlister. Mayor Boyd stated that we are trying to react to a request which we have had for a new type of business which alleges that it is not what it purports to be. Alderman Ashbrook inquired if there are any facts to back up the charges? Chief Harrelson stated that they have not been able to get into these places to make a case, but there is definitely a problem. Bill Bartley appeared as Director of the YMCA, stating that this ordinance would hurt an organization such as theirs. They make no additional charge for massages. It is part of their program the same as swimming, etc. He stated that he can find no school for training of this type, and the educational requirement would cause a hardship. Most of the people who have given massages at the YMCA have been blind or legally blind. Keeping a record of patrons would be very difficult for them since he is blind. Athletic trainers for Midwestern State University and high school athletics were mentioned. Section 22(b) and (c) were discussed, and certain recommendations made. He did not feel that the YMCA should be exempted from health requirements of this ordinance. Ann Turner, of Kate Haynes PTA, presented a petition requesting that certain types of businesses be regulated in their neighborhood. She stated that since massage parlors have gone in, they have prostitutes in the neighborhood. She stated that they are in front of the Village General Store, Wackers, etc. This has been going on for the past month, and businessmen have also noticed it. Earl Mann, Minister of Eden Hills Baptist Church, requested that the Council do something to remove what has moved into the area within the last few months. Moved by Alderman Ryle that the City Attorney be instructed to prepare another ordinance for review and possible action at the next council meeting along the guidelines which we will give him. Motion seconded by Alderman Ashbrook. Alderman McAlister stated that it occurs to him that we are reacting rather than taking any kind of action to make our community better. He feels the other environment which is there should also be addressed. Why not address it as a total problem? Mayor Boyd agreed that there is much more to be done, but we have been asked to look at this particular area. Alderman McAlister stated that we have the right and duty to regulate the health of the community, minors, and neighborhoods. He feels we do not have the right and duty to regulate the moral conduct of adults. He feels we have the right to zone selective businesses out of an area if it is harmful to minors. Mayor Boyd stated that he feels this Board should make some response to the request of General Fox. We are talking about the activities going on inside these businesses. We might look at 360 Item 6c, cont'd. the whole thing later. The motion was carried unanimously. Pat Powers appeared as Secretary of Kate Haynes PTA, stating that they seem to have forgotten that there are hundreds of families who live in the Lincoln Heights-Eden Hills area. Children pass these businesses, signs, bookstores, movies, etc. If massage parlors are run out, everything else will still be there. There are not many businesses there which are not pornography. Mayor Boyd informed her that their petition will be given every consideration. The Council suggested the following guidelines for the City Attorney to use in preparing another ordinance. 1. Not apply to non-profit and educational organizations (Section 1(d) and Section 3) .A. 2. Substitute work experience for education (Section 1(j) , 4(m) , and 5(i)) . 3. Move Section 17 to Section 2, and renumber remaining sections. Also, add or accompanied by a parent or guardian" to Section 17. 4. Change the regulatory power from the Chief of Police to the Health Department in each section where it is mentioned. 5. Omit fingerprinting process, and streamline the renewal process. 6. Add Section 5(p) requiring that each applicant pass a written exam concerning this ordinance. 7. Omit Section. 12 (Record of Patrons) . 8. Remove the word "white" from Section 15(c) dealing with proper clothing. 9. Remove the word "buttocks" from Section 22(b) . Mr. Bartley stated that a massage of the buttocks was particularly relaxing for someone who sits all day. 10. Remove Section 22(a) . Alderman Ryle disagreed with Alderman McAlister, stating this is the whole guts of the ordinance. 11. Remove Section 22(f) pertaining to massages on an outcall basis. Alderman Mathis suggested a public hearing on pornographic zoning at a later date. The City Manager suggested that the staff make a report on it before the hearing is set. Item 6d A proposed ordinance was presented requesting a waiver of side setback restrictions. f ._• This waiver will enable the Church of the Good Shepherd at Tenth and Burnett to construct a new office building. ORDINANCE NO. 3182 AN ORDINANCE WAIVING SIDE SETBACK RESTRICTIONS ON LOT 7A, BLOCK 190, A REPLAT OF A PORTION OF LOT 7 AND ALL OF LOTS 8, 9, AND 10, BLOCK 190, ORIGINAL TOWNSITE OF WICHITA FALLS, TEXAS AND DECLARING AN EMERGENCY. Moved by Alderman Ryle that Ordinance No. 3182 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None (Alderman McAlister was out of the room.) Item 7a A proposed resolution was presented authorizing a quit claim deed from the City to the State of Texas for right-of-way on Loop 11. RESOLUTION NO. 1951 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE QUIT CLAIM DEED TO STATE OF TEXAS FOR 0.5166 ACRE TRACT OF LAND SITUATED IN DAVID WELCH SURVEY, ABSTRACT 324, WICHITA COUNTY, TEXAS, SAME BEING A PART OF LOOP 11 RIGHT-OF-WAY. 361 Item 7a, cont'd. WHEREAS, on the 20th day of December, 1976, a judgment was filed in the condemnation case styled State of Texas, et al vs. First Baptist Church of Wichita Falls, Texas, et al, Cause No. 11,351, in the County Court of Wichita County, Texas, which vested title to a certain tract of land located within the city limits of the City of Wichita Falls, Texas, and described as a 0.5166 acre tract of land situated in the David Welch Survey, Abstract 324, Wichita County, Texas, and being a part of a 5.02 acre tract conveyed by Eleanor O'Hara Roberts, et vir to the First Baptist Church of Wichita Falls by deed dated July 24, 1959, and recorded in Volume 776, Page 211, Deed Records of Wichita County, Texas, to the City of Wichita Falls and the State of Texas; and, WHEREAS, this parcel of land was condemned for the purpose of including it in the Loop 11 right-of-way; and, WHEREAS, the State of Texas and the City of Wichita Falls had entered into an agreement by which the City of Wichita Falls would take the responsibility for condemning the parcels of land which were required for the Loop 11 project and upon vesting of fee title in the parcels of land required for right-of-way in the State of Texas, the state would reimburse the City of Wichita Falls fifty percent (50%) of the cost of acquisition; and, WHEREAS, through an error the Judgment taken on December 20, 1976, vests title to the above described tract of land in the State of Texas and the City of Wichita Falls whereas it should have vested title only in the State of Texas. 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 execute a quit claim deed, a copy of which is attached hereto, conveying unto the State of Texas all its right, title and interest in and to the 0.5166 acre tract of land situated in the David Welch Survey, Abstract 324, Wichita County, Texas. Moved by Alderman Bassett that Resolution No. 1951 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Item 8a Bids were considered on two subcompact vehicles for housing inspection. The low bidder, Birge Motor Company, bid an exception from a four speed transmission to a three speed. The engine he bid was, however, much larger than the minimum engine called for and it was the recommendation of Ben Shelton, Director of General Services, that the bid be awarded on the three speed transmission because it is standard equipment for that size engine. The Mayor suggested that in the future the specifications should perhaps state what is standard for the vehicle. Moved by Alderman Ryle that the bid for two AMC Gremlins be awarded to Birge Motor Company in the amount of $6,412.26. Motion seconded by Alderman Mathis, and carried unanimously. Item 8b Discussion was held on award of contract for bus bench advertising. Kenneth Knowles, of Claytex Enterprises, Inc. , appeared as one of the bidders, stating that he had made a proposal to the Traffic Department four years ago which would have made the City over $2,000.00 per year at that time. He stated they have been in the business eight years, and have 240 paying locations now. He questioned whether the City knows how much money they will receive on a percentage basis, and whether 22 or 27 percent would be higher, depending on the amount made. Tom Chesser, another bidder, stated that he hoped to have the benches out in thirty to forty-five days. He stated that they are not out to cut any business, but that they are looking for an opportunity. Insurance can be furnished within 24 hours. They plan to put out 100 benches. Ed Ilschner stated that the purpose of them is to place them at bus stop locations. 362 Item 8b, cont'd. RESOLUTION NO. 1952 RESOLUTION AUTHORIZING CONTRACT WITH TOM CHESSER AND KEN HOGGARD FOR ERECTION AND MAINTENANCE OF BUS BENCHES. WHEREAS, heretofore the City of Wichita Falls advertised for bids for a contract for erection and maintenance of bus benches for the use of users of busses in Wichita Falls; and, WHEREAS, two bids were submitted, and the bid of Tom Chesser and Ken Hoggard, who bid 27.1 percent of the gross receipts from the business, was the best bid submitted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A contract with. Tom Chesser and Ken Hoggard, on the form attached hereto, under which they would pay to the City an amount equal to 27.1 percent of the gross receipts, is hereby approved, and the City Manager is authorized to execute such a contract for the City of Wichita Falls with Tom Chesser and Ken Hoggard. Moved by Alderman McAlister that Resolution No. 1952 be passed, awarding the bid to Tom Chesser and Ken Hoggard in the amount of 27.1 percent of the gross receipts. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None Alderman Mathis suggested that a minimum dollar amount, as well as a percentage, be used next time bids are taken. Item 9a Moved by Alderman McAlister that authority be granted to advertise for bids on an estimated annual supply of 160,000 pounds of fluosilicic acid for use in the fluoridation f , , program. Motion seconded by Alderman Mathis, and carried unanimously. Item 9b Moved by Alderman Bassett that authority be granted to advertise for bids for an estimated annual supply of computer paper for the Data Processing Department. Motion seconded by Alderman Russell, and carried unanimously. Item 10 Moved by Alderman Ashbrook that minutes of the meetings of the following boards and v' commissions be received. a. Planning Board - March 9 and 23, 1977. b. Aviation Advisory Board - March 18, 1977 c. Traffic Commission - April 12, 1977 WM` d. Board of Electrical Examiners - April 12, 1977 seconded by Alderman Russell, and carried unanimously. Item lla Mayor Boyd commented that it has been customary for a mayor pro tem to serve only one year, and that Alderman McAlister has held this position in a very conscientious manner, assisting him on those occasions in which he was unable to attend. He recommended the appointment of Alderman Mathis as the new Mayor Pro tem. Moved by Alderman Ryle that the appointment of Alderman Mathis be confirmed. Motion seconded by Alderman Ashbrook, and carried unanimously. The following appointments were recommended by Mayor Boyd. 363 Item lla, cont'd. IA. Hospital Board - Hardy McAlister b. Community Center for MHMR - Fred Bassett c. _Airport Advisory Board - Ray Ashbrook d. Planning Board - Carol Russell e. Park Board _. Jerry Mathis df. Traffic Commission - W. E. Ryle g. Data Access Control Board - Hardy McAlister h. Policy Advisory Committee for Urban Transportation Study - Hardy McAlister i. Mayor's Commission on Status of Women - W. E. Ryle j. Nortex General Membership Committee - Carol Russell, Fred Bassett, and W. E. Ryle k. Nortex Executive Committee - J. C. Boyd and Jerry Mathis 1. Charter Commission -- Ray Ashbrook Moved by Alderman Bassett that the recommended appointments be confirmed. Motion seconded by Alderman McAlister, and carried unanimously. llb To implement the provisions of Proposition No. 1 of the Charter Election held April 2, 1977, the following action was taken. Moved by Alderman Russell that Wilma Thomas be appointed as City Clerk to replace Gerald Carlson. Motion seconded by Alderman McAlister, and carried unanimously. Moved by Alderman McAlister that the position of Deputy City Clerk be eliminated from the salary plan, and the position of City Clerk be entered in a Salary Range 43. Motion seconded by Alderman Ashbrook, and carried unanimously. Moved by Alderman Ryle that Gerald Carlson be appointed as Chief Accounting Officer in an open salary classification. Motion seconded by Alderman Mathis, and carried unanimously. Item llc David Ball, 5107 Inlet Street, requested permission to build a carport on his property. There are other carports in the area, and he has secured the written permission of all property owners in his block to build it. The City Manager stated that his appeal should go before the Board of Adjustments and Appeals. Alderman Ryle stated that numerous carports have been in the area for a long time. They are not part of the original structure of the homes. It was pointed out that the City filed on Gene Pace to tear down his carport. He was denied a permit because the ordinance did not allow it. He built it anyway, and it went to court. Ernest Lillard, Director of Public Works, noted that we have had various carport ordinances through the years, and other complaints have been filed. Alderman Ryle felt that changing economic conditions makes it appropriate to review the ordinance again. Mr. Lillard pointed out that the purpose of the setback requirement is to keep the yards free and clear. The City Attorney stated that sight distances can be impaired if there is no restriction in the ordinance. The City Manager noted that the theory is to provide some open space. Alderman Ryle requested that the Planning Board address this matter. Moved by Alderman Ryle that we grant the exception to David Ball, and that other exceptions may be considerea if a carport is not located closer than five feet from the property line, that no walls are constructed, and that signatures are obtained from 85 percent of the property owners living in the block stating that they do not object to the construction. Motion seconded by Alderman McAlister. Alderman Bassett complimented Mr. Ball on his efforts, and wanting to do what is right, but feels that the Council will open up a big problem if this is done before a study is made. We will get a lot of flack by continually making exceptions. The motion was carried by the following vote: Ayes: Mayor Boyd, Aldermen Russell, Ryle, and Mathis Nays: Aldermen McAlister, Bassett, and Ashbrook 364 Item llc, cont'd V Alderman McAlister pointed out the need for some type of review of our ordinances to weed out those that are not needed. A report from the staff is needed. Alderman McAlister also complimented the Traffic Department on moving the traffic warning signal on Highway 287 from the downhill side to the uphill side. Mr. Ilschner stated it was the work of the Department of Highways and Public Transportation, and he would be glad to pass the information on to them. AW Alderman McAlister inquired of Ernest Lillard why the McGrath Creek project is taking so long to complete? Mr. Lillard explained that they are waiting for the gas company to l l ;r-._._ get its utilities out of the way so they can finish. He stated that they have worked out there on a continuing basis, but that the project has been a real problem for them, as he previously told them it would be. He stated that he does not know why the gas company has been so slow. They have been the biggest problem for the past three months. It finally took a telephone call from Mr. Fox to get them started. The City Manager pointed out that some of the residents who are complaining to the Council have caused the Engineering Department to spend two or three days changing the construction plans to suit them. Mayor Boyd criticized the gas company for their attitude, and suggested that their franchise be reviewed to see if there is anything we can do. Alderman McAlister inquired if Mr. Lillard could document these delays, and he stated that it had been done by telephone, but that he could be assured that written documentation would be made in the future. Mr. Lillard further stated that even if they put the entire Street Department on that job that they can only work in one small area at a time, no matter how many people they have. The City Manager stated that he would be happy to provide Alderman McAlister with a log of what has transpired during the past few months. Alderman McAlister thanked Mr. Ilschner for the duck crossing sign on Midwestern Parkway. He also mentioned poor visibility of fire trucks entering Kell, and requested some type of flashing device, and report back to the Council. Mr. Ilschner stated that he had discussed this with the Fire Chief. He also mentioned the request to close McGregor Street. The City Manager explained that they would discuss with the Highway Department as to who should hold it. A work session on cable TV was set for 7:00 P.M. , April 26, 1977. Alderman Mathis inquired concerning the signal lights on 9th Street. Mr. Ilschner stated that no progress has yet been made. Alderman Mathis inquired why the normal appeal process was denied Mr. Gene Pace in the matter of constructing the carport. The City Manager stated that he did not comply with the time period of appearing before the Board of Adjustments and Appeals. The Court has ruled on the matter and upheld the City. Alderman Russell stated that she hopes that appropriate response will be made to citizens requests (such as recent letters in the paper) in the interest of public relations, and encouraging citizens input. It was noted that this is being done. Alderman Ryle inquired if anyone has reviewed the matter concerning IBM typewriters. I Response from interested parties will be made available to the Council. City Attorney H. P. Hodge, Jr. reported that briefs will soon be filed in the matter of charging the extra four cents in the Lone Star Gas Company case. The Board of Aldermen adjourned at 2:25 P.M. PASSED AND APPROVED this 4Ge day of 1977. CE:):ATTEST: MAYOR 1,2" ik6 CITY CLERK 72 QUIT CLAIM DEED THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X THAT, the City of Wichita Falls, a municipal corporation situ- ated in Wichita County, Texas, acting herein by its City Manager, Gerald G. Fox, for and in consideration of the sum of One Dollar 1.00) in hand paid by the State of Texas, the receipt of which is hereby acknowledged, does by these presents, BARGAIN, SELL, RE- LEASE, AND FOREVER QUIT CLAIM unto the said State of Texas all of its right, title and interest in and to that certain tract or par- cel of land lying in the County of Wichita and State of Texas, de- scribed as follows, to-wit: Being a 0.5166 acre tract of land situated in the David Welch Survey, Abstract 324, Wichita County, Texas, and being a part of a 5.02 acre tract conveyed by Eleanor O'Hara Roberts, et vir to the First Baptist Church of Wichita Falls by deed dated July 24, 1959, and recorded in Volume 776, Page 211, Deed Records of Wichita County, Texas, said 0.5166 acre tract being more parti- cularly described as follows: BEGINNING at the point of intersection of the north line of the above referenced 5.02 acre tract with the existing west right- of-way line of F. M. 367, said point being located North 78° 22 ' 226 East, a distance of 402.00 feet from the northwest corner of the above referenced 5.02 acre tract; THENCE South 24° 57' 44" East, along said west right-of-way line, a distance of 541.50 feet to its intersection with the south line of said 5 .02 acre tract; THENCE South 65° 02 ° 16" West, along the south line of said 5.02 acre tract, a distance of 40.00 feet to a point in the pro- posed west right-of-way line of State Loop 11; THENCE North 24° 57' 44" West, along said proposed west right- of-way line, a distance of 358.73 feet to the beginning of a curve to the left having a radius of 1,849.86 feet, the tangent to the curve bearing North 24° 57' 44" West at this point; THENCE northwesterly, continuing along said proposed west right- of-way line, and along the above described curve, through a central angle of 6° 02 ° 28" , an arc distance of 195.05 feet to its intersection with the north line of the above referenced 5.02 acre tract, the tangent to the curve bearing North 31° CO ° 12" West at this point; THENCE North 78° 22° 22" East, along said north line, a dis- tance of 51.67 feet to the point of beginning and containing 0.5166 acres of land. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any QUIT CLAIM DEED Page 1 of 2 pages manner belonging unto the said State of Texas and its assigns, for,- ever, so that the said City of Wichita Falls nor any person or per- sons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurt- enances, or any part thereof. EXECUTED this day of 1977 . ATTEST: CITY OF WICHITA FALLS By: City Clerk Gerald G. Fox City Manager APPROVED AS TO FORM H. P. Hodge, Jr. City Attorney THE STATE OF TEXAS X X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared GERALD G. FOX, City Manager of the City of Wichita Falls, Texas, a municipal corpora- tion, known to me to be the person and officer whose name is sub- scribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Wichita Falls, Texas, a munici- pal corporation, and that he executed the same as the act of said City of Wichita Falls, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1977. My Commission Expires: Notary Public in and for Wichita County, Texas QUIT CLAIM DEED Page 2 of 2 pages