Min 07/05/1977399
Wichita Falls, Texas
Memorial Auditorium Building
July 5, 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 X
Fred E. Bassett X
Carol Russell X Aldermen
Ray Ashbrook X
W. E. Ryle X
Jerry Mathis X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Judy Baird Assistant City Clerk
The invocation was given by Mr. Bill English, First Baptist Church.
Item 3
Moved by Alderman Mathis that minutes of the meeting held June 7, 1977, be approved.
Motion seconded by Alderman Russell, and carried unanimously.
Item 4a
The public hearing was opened on hazardous structures.
Charlie Ingram requested a 30-day extension on his property at 601 - 607 E. Third.
Doris Johnson appeared for Alfred Mims regarding property at 209 Liveoak and
requested a 30-day extension.
ORDINANCE NO. 4000
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO
BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID
BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS
ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Bassett that Ordinance No. 4000 be passed with the exception
that Charlie Ingram and Alfred Mims be given additional 30-day extensions.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 5a
Mayor Boyd presented a plaque to J. Dale Terry, retiring committee chairman of the
Citizens Traffic Safety Council, who served as a member from 1975 to 1977 and chairman
from 1975 to 1976.
Item 5b
Employee of the Month Award was presented to Nancy McGava of the Fire Department.
Mayor Boyd presented her with a plaque and two tickets to El Babo's and an interstate
theatre.
Item 5c
Because Dr. Bebb was not in the audience to present his request for the Family
Practice Residency Program, City Manager Gerald Fox summarized the proposal. He
400
Item 5c, cont'd.
stated the Family Practice Residency Program is asking that the funds appropriated by
the City and County in 1976 for the medical phase be used instead for the purchasing
and remodeling of property at Seventh and Brook. The Wichita Falls General Hospital
Board purchased this property to accomodate the program. Bids were taken for the
remodeling and expansion of the property. The low bid was for $149,000. If the City
and County donated the $149,000 a question that might arise would be who owns the
structure--the City or County.
Moved by Alderman Bassett that this matter be postponed.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 5d
Abell Oil Co. asked for a waiver concerning distance from a public school for sale
of alcoholic beverages for property at 1211 Broad. Charlotte Abell did not appear
regarding this matter. Abell Oil Co. was denied an application to sell beer for off-
premise consumption because they were within 280 ft. from a school instead of 300 ft.
as required by ordinance. Another establishment at 1401 Broad had been approved for
the sale of alcoholic beverages over a previous ordinance in effect at that time.
ORDINANCE NO. 4001
ORDINANCE WAIVING SECTION 4-24 OF THE CODE OF ORDINANCES, CONCERNING DISTANCE
FROM PUBLIC SCHOOL WITHIN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD, WITH REGARD
TO PROPERTY AT 1211 BROAD STREET.
Moved by Alderman Bassett that Ordinance No. 4001 be passed.
Motion seconded by Alderman Russell.
Alderman McAlister stated his objection to passing the ordinance. If this
waiver is granted, you lose all basis for the 300 ft. restriction.
The City Manager stated reasoning was since we have one establishment selling
alcoholic beverages on one side it would be no worse than having one on each side.
Alderman Ryle stated it would be twice as bad.
Motion failed by the following vote:
Ayes: Alderman Bassett
Nays: Alderman McAlister, Russell, Ashbrook, and Ryle (Alderman Mathis did not
vote because of conflict of interest.)
Item 5c
Dr. Burross appeared for Dr. Kenneth Bebb to give the presentation on the Family
Practice Residency Program. He stated they are mainly asking that the operating funds
previously allocated in July 1976 by the City and County in the amount of $184,000 be
used instead for construction funds for the facility at Seventh and Brook and go ahead
with the building of it.
Dr. Burross suggested a committee be formed with a representative from the Hospital
Board, City, County, and Medical Foundation to discuss the most advantageous method of
proceeding with the funding and construction of the Family Practice Residency building.
Moved by Alderman Ryle that Jerry Mathis be appointed as the City representative
for this committee.
Motion seconded by Alderman Ashbrook, and carried unanimously.
V Item 5e
Ikard Smith, President of Midtown Now Inc. , appeared requesting the position of the
Redevelopment Specialist be extended until December 31, 1977. The Board of Aldermen had
originally authorized this position for 1 year in March 1976 and then was filled in
July 1976.
Moved by Alderman Bassett that the Redevelopment Specialist position be extended
until December 31, 1977.
Motion seconded by Alderman Russell, and carried unanimously.
401
Item 5f
A proposed resolution was presented suspending Texas Electric Service Company's
proposed rate increase for 120 days to provide for the study and recommendations by the
staff to the Board of Aldermen.
RESOLUTION NO. 1975
RESOLUTION SUSPENDING THE OPERATION OF TEXAS ELECTRIC SERVICE COMPANY'S
PROPOSED INCREASE IN RATES FOR 120 DAYS.
WHEREAS, on June 29, 1977, Texas Electric Service Company filed with the City of
Wichita Falls a statement of intent to increase its rates, which shows the proposed
effective date of such rate increase as August 3, 1977; and,
WHEREAS, the detailed data with which Texas Electric Service Company seeks
to support their request is documented in several thick volumes of testimony, figures and
calculations, and it will take the City staff a lengthy period of time to read and
study this great mass of data and to make a recommendation to the Board of Aldermen
regarding the rate request.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS THAT:
The operation of the proposed schedules for increased rates are hereby suspended
for a period of 120 days beyond the date on which the schedules of rates would otherwise
go into effect; this suspension period will end on December 1, 1977.
Moved by Alderman McAlister that Resolution No. 1975 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Tom Locke of Texas Electric Service Company explained that TESCO's reason
for the rate increase is to construct lignite and nuclear power plants. The length
of time required to build these plants is also a factor for the request.
Item 5g
Before Buford Rice appeared concerning his tax problems, Mayor Boyd asked the City
Attorney what authority the Board of Aldermen have concerning tax matters. City
Attorney H. P. Hodge stated the Board of Aldermen sets the tax rates and if a citizen
is not happy with the assessment he can appeal to the Board of Equalization. The Board
can change the assessment.
Alderman McAlister suggested that Mr. Rice read the four-page memo from the
Tax Department giving a history of Mr. Rice's properties.
Mr. Rice stated he would be glad to read the memo, but that he was just requesting
some guidelines that the Tax Department has for taxation.
Mr. Rice then retired to the Conference Room to read the memo from the Tax
Department. When he returned to the Council Room he gave a summary on his properties
located at Seymour Hwy. and Beverly Drive, 3200 Northwest Frwy. , and 1604 State Hwy. 79.
Mr. Rice thought he was being taxed more for his property than other people with the
the same type of land or land near his. He stated he had pulled records on other
property to check how others were being taxed. Also, he stated that a member of the
Board of Equalization who owns the Sands Motel was given a gift of $28,000 in reduction
on his property because he was a board member. Mr. Rice is complaining about the way
he is being treated by the Tax Department.
Mayor Boyd asked if this information had been taken to the Board of Equalization.
Mr. Rice stated the last time he appeared before the board was 1975. He asked for some
guidelines for taxation. He suggested perhaps everyone in the same area be taxed
about the same.
Mayor Boyd stated Mr. Rice was making strong accusations. One, that Mr. Rice's
taxes were raised because he was a "burr in the saddle"; and, two, that a member on
the Board of Equalization was given special treatment because he was on the board.
The Mayor suggested the appointment of two members of the Board of Aldermen to check Mr.
Rice's complaints and report back to the Council.
402
Item 5c, cont'd.
Mr. Rice was agreeable to this.
Mayor Boyd appointed Alderman McAlister as chairman, and Alderman Ashbrook toinvestigatethismatter.
Alderman Ashbrook stated most of his complaints from citizens are about the taxes.He is encouraged that David Coombs is the new tax assessor.
Item 6a
A proposed ordinance was presented appropriating $7,000 for CATV study.
ORDINANCE NO. 4001
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERSLISTEDBELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Mathis that Ordinance No. 4001 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
The City Manager stated there will be an open meeting with the consultant on
i July 13 at 1:30 in the Conference Room.
Item 7a
A proposed ordinance was presented closing a portion of a street and alley.
ORDINANCE NO. 4002
AN ORDINANCE CLOSING A PORTION OF BRIDGE STREET, WICHITA STREET, AND PARTS
OF ALLEYS IN BLOCK 75 AND 76 OF THE ORIGINAL TOWN OF THE CITY OF WICHITA FALLS,TEXAS; AND RESERVING CERTAIN DRAINAGE AND UTILITY EASEMENT RIGHTS.
Moved by Alderman Ryle that Ordinance No. 4002 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None
Item 7b
A request was presented from the Downtown Merchants Association for permission toholdtheirannualsidewalksaleonJuly16intheCentralBusinessDistrict. It is
recommended that additional liability insurance be purchased by the Association to coverthissaleifawaiverisgranted.
ORDINANCE NO. 4003
ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF ORDINANCEONJULY16, 1977 FOR ANNUAL SIDEWALK SALE IN THE CENTRAL BUSINESS DISTRICT.
Moved by Alderman Bassett that Ordinance No. 4003 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 7c
A proposed ordinance was presented awarding the contract on the 1976 and 1977ReconstructionProgramtoTimmins-Anderson, Inc.
t.,
403
Item 7c, cont'd.
ORDINANCE NO. 4004
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF
IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR THE 1976-1977 RECONSTRUCTION
PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS;
AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR HEARING
OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING
THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY.
Moved by Alderman McAlister that Ordinance No. 4004 be passed.
Motion seconded by Alderman Mathis and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis.
Nays: None
Item 7d
f A proposed ordinance was presented awarding the contract on the 1976 Assessment
Paving Program to Timmins-Anderson, Inc.
ORDINANCE NO. 4005
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF
IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS
THE 1976 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS;
FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO
ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING;
AND DECLARING AN EMERGENCY.
Moved by Alderman Ashbrook that Ordinance No. 4005 be passed.
Motion seconded by Alderman Bassett, and carried by the following vote:
Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: Alderman McAlister
Item 7e
A proposed ordinance was presented determining the necessity for curb and gutter
assessment on Barnett Road.
ORDINANCE NO. 4006
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE
IMPROVEMENT OF A PORTION OF BARNETT ROAD FROM F.M. HIGHWAY NO. 369 (SOUTHWEST
PARKWAY) TO 2736 FEET SOUTH IN THE CITY OF WICHITA FALLS, TEXAS; ACKNOWLEDGING
THE FACT THAT APPROPRIATIONS FOR PAYING THE CITY'S PORTION OF THE CONSTRUCTION
COST OF THIS FACILITY HAVE BEEN MADE; MAKING PROVISIONS FOR THE LEVYING OF
ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR CURB AND GUTTER AND THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS:
DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF COST: DIRECTING THE CITY
CLERK TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF
WICHITA COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT
PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT
TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE
STATE OF TEXAS, CHAPTER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE 1105B
OF VERNON'S TEXAS CIVIL STATUTES: AND DIRECTING THE CITY CLERK TO ENGROSS
AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF
THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPRO-
PRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING
SUNDRY OTHER MATTERS.
Moved by Alderman Ryle that Ordinance No. 4006 be passed.
Motion seconded by Alderman Ashbrook and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
404
Item 7f
A proposed ordinance was presented adopting estimates of cost of curb and gutter
f-'
improvements on Barnett Road and setting benefit hearing for August 2, 1977.
ORDINANCE NO. 4007
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF
IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A
PORTION OF BARNETT ROAD FROM F.M. HIGHWAY NO. 369 (Southwest Parkway) TO
2,736 FEET SOUTH IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE
FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED;
DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING
THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION
OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE
ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN
EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND
DECLARING AN EMERGENCY.
Moved by Alderman Bassett that Ordinance No. 4007 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 7g
A proposed ordinance was presented prohibiting possession and consumption of
alcoholic beverages in TESCO Park.
ORDINANCE NO. 4008
ORDINANCE AMENDING ORDINANCE NO. 3018, AS AMENDED, TO PROHIBIT POSSESSION AND/OR
CONSUMPTION OF ALCOHOLIC BEVERAGES IN TESCO PARK.
Moved by Alderman Mathis that Ordinance No. 4008 be passed.
Motion seconded by Alderman Ashbrook.
Alderman Russell asked if prohibition in other parks has been difficult to enforce
and if there were signs posted prohibiting alcoholic beverages.
Curtis Harrelson, Police Chief, stated some arrests have been made since these parks
are on the regular patrol.
Alderman McAlister asked if only one letter had been received requesting the
prohibition ordinance for TESCO Park.
Bill Hursh, Director of Parks, stated several other letters had been received
concerning problems at TESCO Park.
A substitute motion was moved by Alderman McAlister that action on this be
deferred for 30 days pending circulation of this notice to all active parties that use
the park, including the baseball teams. ,
Motion died for lack of second.
Original motion carried by the following vote:
Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: Alderman McAlister
Item 7h
A proposed ordinance was presented regulating location of adult businesses. City 1 •
Attorney H. P. Hodge stated the main change in the ordinance was the addition of the
grandfather clause.
ORDINANCE NO. 4009
ORDINANCE PROHIBITING THE OPERATION OF CERTAIN ADULT BOOK STORES, ADULT
MOTION PICTURE THEATERS, NUDE HUMAN MODELING STUDIOS AND BUSINESSES OFFERING
PHYSICAL CONTACT WHEN ONE OR MORE OF SUCH PERSONS ARE NUDE OR SEMI-NUDE, WITHIN
405
Item 7h, cont'd.
ONE THOUSAND FEET OF ANY CHURCH, SCHOOL, RESIDENTIAL DWELLING, PUBLIC PARK OR
CERTAIN MILITARY INSTALLATIONS.
Moved by Alderman Mathis that Ordinance No. 4009 be passed with the exception that
the word "separate" be added to Section 4a in order to exclude grocery stores, quick
food stores, etc.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
The Board of Aldermen recessed at 12:00, and the meeting resumed at 12:30.
Item 7i
A proposed ordinance was presented adopting the 1976 Edition of the Fire Prevention
Code.
ORDINANCE NO. 4010
AN ORDINANCE AMENDING SECTION 15-15 AND REPEALING SECTION 15-15.1 OF THE CODE
OF ORDINANCES OF THE CITY OF WICHITA FALLS, ADOPTING THE 1976 EDITION OF THE
FIRE PREVENTION CODE AND REPEALING THE CHANGES, DELETIONS AND AMENDMENTS TO
THE PREVIOUS EDITION OF THE FIRE PREVENTION CODE.
Moved by Alderman Ryle that Ordinance No. 4010 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 13d
Assistant City Manager Voin Campbell gave the divisional briefing on the General
Administration Division.
Item 7j
A proposed ordinance was presented creating Administrative Services Division to
replace General Services and General Administration Divisions.
ORDINANCE NO. 4011
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, TO MAKE VARIOUS
CHANGES IN THE ADMINISTRATIVE CODE OF THE CITY OF WICHITA FALLS.
Moved by Alderman Bassett that Ordinance No. 4011 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 7k
Vs A proposed ordinance was presented amending Section 7-15 of the Code reducing the
setback line for carports.
fr ORDINANCE NO. 4012
ORDINANCE AMENDING SECTION 7-15, SUBSECTION (1) OF THE CODE OF ORDINANCES TO
REDUCE SETBACK LINE FOR CARPORT.
Moved by Alderman Ryle that Ordinance No. 4012 be passed.
Motion seconded by Alderman Ashbrook.
406
Item 7k, cont'd.
The City Manager read letters from the Wichita Falls Board of Realtors and the
Wichita Falls Chapter of American Institute of Architects both stating they are opposed
to changing the ordinance. Mayor Boyd also read a letter from the Nortex Home Builders
Association stating they also were opposed to changing the ordinance.
Alderman Bassett stated he is opposed to passing the ordinance because of the three
professional organizations stating opposition. We have an ordinance now that is working
and we should stay with it.
Steve Ondrejas, Director of Planning, stated in addition to detracting from the
neighborhood, some of the hazards involved in reducing the setback lines are that boats
might be parked under the carport and a car would be partially parked under the carport,
on the street, or in the front yard.
The motion carried by the following vote:
Ayes: Aldermen McAlister, Mathis, Ryle, and Ashbrook
Nays: Aldermen Bassett and Russell
v Item 71
A proposed ordinance was presented determining the necessity for the 1977 Assessment '
Paving Program and a portion of the 1977 Reconstruction Program Phase I.
ORDINANCE NO. 4013
AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE
IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF
WICHITA FALLS, TEXAS, DESIGNATED AS THE 1977 ASSESSMENT PAVING PROGRAM AND
A PORTION OF THE 1977 RECONSTRUCTION PAVING PROGRAM, PHASE I, APPROVING THE
PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER AND DIRECTING THE
ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO.
Moved by Alderman Ashbrook that Ordinance No. 4013 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
v Item 8a
A proposed resolution was presented and discussion was held on the purchase of
property for Depot Square.
A motion was made and seconded for passage of the resolution acquiring this property.
Mr. and Mrs. Guy Mathews, Jr. , 1516 25th St. , appeared asking if the City really
wanted the property and what the purpose was for the property; namely, the Littlest
Skyscraper. They want to keep the building from being torn down.
Steve Ondrejas, Director of Planning, stated the Littlest Skyscraper will be restored.
Some additional structures may or may not be able to be restored. It will depend on an
analysis and recommendations by an architect.
It was suggested that the City contract with the Mathews' stating exactly what the
City wants to do with the building and what the Mathews' want to do with it.
After discussion posed by Mr. and Mrs. Mathews, the following action was taken.
RESOLUTION NO. 1976
RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS, AND
AUTHORIZING PURCHASE OR CONDENMATION OF CERTAIN PROPERTIES FOR DEPOT SQUARE
PROJECT.
WHEREAS, it is necessary to acquire the property hereinafter described for the
Depot Square project; and,
407
Item 8a, cont'd.
WHEREAS, such property has been appraised by independent appraisers employed by
the City for this purpose, and the amount of these appraisals has been studied
by the Board of Aldermen, and a copy of same is now in the possession of the Director
of Public Works.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS THAT:
Section No. 1 It is necessary to acquire the fee simple title to the following
properties in Wichita Falls, Texas for the Depot Square project:
The East 16-2/3 ft. of W. 50 ft. of Lot 1, and the W.50 ft of Lot 2, Blk. 162
Original Townsite as recorded in Wichita County Clerks Deed Records in Vol.
1152, Pg. 276.
The East 25 feet of the west 75 feet of Lots 1-2, Block 162 Original Townsite
as recorded in Wichita County Clerks Deed Records in Vol. 689, Pg. 298.
The NW 30 x 90 feet Lots 1 & 2, Blk. 177, Original Townsite as recorded in
Wichita County Clerks Deed Records in Vol. 1102, pg. 185.
The E. 50 x 90 ft. of Lots 13 & 14, Blk. 177, Original Townsite as recorded
in Wichita County Clerks Deed Records in Vol. 1103 Page 175.
Combined total of values approved in this resolution 37,750.00
Section No. 2 The approved value of such properties are hereby approved and the
City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in
the name of the City of Wichita Falls, Texas. The authorized price to be paid for each
tract is the value as determined by the appraisal made by the independent appraisers
referred to above.
Section No. 3 In addition to the purchase price provided for in Section 2, if
the acquisition of such property makes it necessary that any person be displaced, the
City Manager is authorized to pay such person his moving expenses and relocation payments,
rental supplements and compensation for expenses incidental to the transfer of property
to the City, as authorized under the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Program, and Article 3266 b, Revised Civil Statutes of Texas.
Section No. 4 In the event the City Manager is unable to purchase any such tract or
tracts for such approved values, he is hereby authorized and directed to cause to be
instituted condemnation proceedings to obtain such tracts in the name of the City of
Wichita Falls, Texas.
A substitute motion was moved by Alderman Ryle that Resolution No. 1976 be passed
with the exclusion of the purchase of the Mathews property, Item #1.
Motion seconded by Alderman Ashbrook,and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Steve Ondrejas asked the Mathews' to join in the review of the architect's
recommendations of the buildings. The Mathews' were agreeable to this.
Item 8b
A t;' A proposed resolution was presented approving updated appraisals on Kell Boulevard.
RESOLUTION NO. 1977
RESOLUTION APPROVING UPDATED APPRAISAL OF PROPERTY ON KELL FREEWAY AND
AUTHORIZING THE PURCHASE OR CONDEMNATION.
WHEREAS, by the adoption of Resolution No. 1940 the Board of Aldermen of the City
of Wichita Falls has heretofore found that it is necessary to acquire the property
hereinafter described for construction of the Kell Freeway, Project 52-380, and approved
the appraised value of such property; and,
408
Item 8b, cont'd.
WHEREAS, the appraisal of such property has now been updated by the independent
appraiser employed by the State Department of Highways and Public Transportation to
reflect present market prices, and the updated appraisal has been approved by the
State Department of Highways and Public Transportation and has been studied by the BoardofAldermen, and a copy of same is now in the possession of the Director of Public Worksand/or Assistant City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT:
Section No. 1 The project and property to be purchased by Warranty Deed is asfollows:
Kell Freeway, Project 52-380
Warranty Deed
Lot 1, Block 3, Spivey Addition
The total of value approved in this resolution 15,200.00
Section No. 2 The updated value of such property is hereby approved and the CityManagerisherebyauthorizedtopurchaseinthenameoftheStateofTexas, or the
City of Wichita Falls, by Warranty Deed such tract of land as shown on the project
right-of-way map. The authorized price to be paid for such tract is the state
approved value as determined from the updated appraisal (rather than the original
appraisal approved by the resolution set out above) made by the independent real
estate appraiser employed by the State Department of Highways and Public Transportation.
Section No. 3 In the event the City Manager is unable to purchase such tract for
such approved updated value, he is hereby authorized and directed to cause to be
instituted condemnation proceedings to obtain such tract in the name of the State of
Texas or the City of Wichita Falls.
Moved by Alderman Mathis that Resolution No. 1977 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 8c
A proposed resolution was presented approving payment for utility adjustment on
Kell Right-of-Way.
RESOLUTION NO. 1978
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT FOR UTILITY
ADJUSTMENTS FOR THE KELL FREEWAY PROJECT.
WHEREAS, the City of Wichita Falls and the State Department of Highways and Public
Transportation are cooperating in the construction of Kell Freeway, Project 52-380,
under the 1967 Capital Improvements Program of the City of Wichita Falls; and,
WHEREAS, the City of Wichita Falls, Texas and the Texas Highway Department enteredintoacontractualagreementdatedJanuary31, 1968, wherein the State and the City
will participate equally in the right of way and utility adjustments required for theKellFreewayProject; and,
WHEREAS, the said proposed Kell Freeway, Project 52-380 crosses undergrounddistributionfacilitiesownedbyTexasElectricServiceCompany; and,
WHEREAS, adjustments will have to be made to the underground facilities to allow
the construction of the proposed Kell Freeway Project; and,
WHEREAS, the Texas Electric Service Company has prior easements for the underground
facilities; and,
WHEREAS, the Texas Electric Service Company has proposed estimates of utility
adjustments in which the City of Wichita Falls and the State Department of Highways
and Public Transportation are to reimburse the Texas Electric Company for the cost of
the adjustments to the underground utility facilities.
409
Item 8c, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager is authorized to execute an agreement whereby the City will pay
Texas Electric Service Company, after such Texas Electric Service Company has completed
such adjustments, either the approved firm estimate of the cost of the adjustment as
prepared prior to the work, or the actual cost thereof as computed and approved after
the work is completed.
Moved by Alderman Mathis that Resolution No. 1978 be passed.
Motion seconded by Aldermen Ashbrook and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Mathis
Nays: None (Alderman Ryle was out of the room)
Item 8d
V/A proposed resolution was presented amending water permit #504 with Water Rights
Commission at Lake Kemp.
RESOLUTION NO. 1979
RESOLUTION APPROVING APPLICATION FOR AMENDMENT OF PERMIT NO. 504.
WHEREAS, the City of Wichita Falls and Wichita County Water Improvement District
No. 2 hold Permit No. 504, issued by the Board of Water Engineers of the State of Texas
on March 22, 1921, which authorized the holders thereof to impound 444,168 acre feet of
water in Lake Kemp and 45,000 acre feet of water in Lake Diversion, and to divert and
appropriate from such lakes an amount of water not to exceed 1,000,000 acre feet per
annum for irrigation, power and municipal water supplies; and,
WHEREAS, these figures are now inaccurate, as the capacity of Lake Kemp has been
reduced by sedimentation to 268,000 acre feet, and the two lakes are capable of yielding
much less than 1,000,000 acre feet of water per year; and,
WHEREAS, Texas Water Rights Commission has informed the parties that no further
action will be taken on the application of West Texas Utilities Company for a contractual
permit to take water from Lake Kemp and Lake Diversion unless the parties apply for a
reduction to a more realistic figure of their water rights under Permit 504.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain application, a copy of which is attached hereto, whereby the City and
the Water District request that the authorized capacity of Lake Kemp be reduced to
268,000 acre feet of water, and that the annual appropriation of water be reduced to
193,000 acre feet of water per year, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Ryle that Resolution No. 1979 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 8e
A proposed resolution was presented authorizing a letter of agreement with Sheppard
Air Force Base for pavement maintenance and repairs to taxiway C at Municipal Airport.
1' RESOLUTION NO. 1980
RESOLUTION APPROVING LETTER AGREEMENT BETWEEN CITY OF WICHITA FALLS AND
SHEPPARD AIR FORCE BASE CONCERNING TAXIWAY "C".
WHEREAS, Sheppard Air Force Base officials plan to make extensive repairs on
Taxiway "C" east, and it is deemed advisable to execute a letter agreement with
Sheppard Air Force Base officials to formalize the responsibilities of each of the parties
hereafter.
410
Item 8e, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute, for the City of Wichita Falls,a letter agreement with the appropriate parties at Sheppard Air Force Base, which
shall contain the following agreements:
1. City to assume pavement maintenance responsibility only of Taxiway "C" westtoRunway35whenTaxiway "C" east is closed for repairs by the U.S. Air Force.
2. City to assume pavement maintenance responsibility only of Taxiway "C"east to Taxiway "D" when Taxiway "C" east repair is completed.
3. Taxiway "C" lights maintenance, painting, mowing along the edges of thetaxiway, killing grass around taxiway lights, sweeping, snow/ice removal, etc. , tocontinuetobetheresponsibilityoftheU.S. Air Force.
4. Municipal Airport airport access taxiway lights maintenance, killing grassaroundsuchairportaccesstaxiwaylights, painting such airport access taxiway, andsweeping, snow/ice removal, mowing around edges of ramp, etc. , to be responsibilityoftheU.S. Air Force.
5. Daily inspection rights of Taxiway "C" condition by both parties.
6. Final inspection of Taxiway "C" by the City Engineer, together with SheppardAirForceBaseauthorities, before City assumes any pavement maintenance responsibility.A condition report is to be prepared mutually by the City Engineer and Sheppard AirForceBaseauthorities.
7. Municipal Airport - Sheppard Air Force Base lease is to be amended to reflecttheaboveuponcompletionoftherepairtoTaxiway "C" east.
Moved by Alderman Ashbrook that Resolution No. 1980 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Alderman Ryle stated we should be very grateful Sheppard AFB is maintaining theairportforus.
Item 8f
A proposed resolution was presented approving amendment of Municipal Airport Fixed 1./
Base Operations contract with Southern Aviation of Texas, Inc. Eel *-
Alderman Mathis asked when someone is in arrears why are we now willing to forget
about it. The Council was not aware of the fact that Southern Aviation was in arrearsintheamountof $39,203 until a few weeks ago.
Assistant City Manager Voin Campbell stated he had contacted two other parties who
might be interested in taking over as fixed based operators. Neither party was interested.
Mr. Richard 0. Morrison, President of Southern Aviation of Texas, Inc. appeared
stating that Southern Aviation made a profit until two years ago when a lack of fuel
sales to Continental Airlines, the energy crunch, and the city tax on planes caused
the expected revenues to stop.
Moved by Alderman Ryle that action be postponed and the City Manager be instructed
to obtain bids for fixed base operators based on the same terms as Southern Aviation.
Motion seconded by Alderman Ashbrook and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis
Nays: None
Item 8g
A request was presented from the Wichita Falls Museum and Art Center for a two year
extension of their financial agreement with the City.
411
Item 8g, cont'd.
RESOLUTION NO. 1981
RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND WICHITA
FALLS MUSEUM AND ART CENTER.
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 Wichita Falls Museum and Art Center is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Mathis that Resolution No. 1981 be passed.
Motion seconded by Alderman Russell, and carried by the following vote:
Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis
Nays: None (Alderman Bassett did not vote because of a conflict of interest)
Item 9a
Bids were considered on a backhoe for Water Distribution Department. Since the
first two bidders had exceptions to their bids, it was recommended that the bid be
awarded to the third low bidder, Case Equipment Co. , Wichita Falls, Texas, in the
amount of $15,933.84.
Moved by Alderman Mathis that the bid be awarded as recommended.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 9b
Bids were considered on 350 tons of chlorine for Water Purification. It was
recommended that the low bid be awarded to Thompson-Hayward Chemical Company, Dallas,
Texas, in the amount of $68,250.
Moved by Alderman McAlister that the bid be awarded as recommended.
Motion seconded by Alderman Russell, and carried unanimously.
At this point Aldermen Bassett and Ashbrook left to attend another meeting.
Item 9c
V .
Bids were considered on the Sanitary Sewer Relocation on Kell Boulevard. It
was recommended that the low bid be awarded to Bowles Construction Company, Burkburnett,
Texas, in the amount of $55,991.35.
RESOLUTION NO. 1982
RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION COMPANY FOR CONSTRUCTION
OF SANITARY SEWER RELOCATION, PHASE II, KELL FREEWAY.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction of
sanitary sewer relocation, Phase II, Kell Freeway, which will be along the proposed
north frontage road of Kell Boulevard from Kemp to Fairway; and,
WHEREAS, two bids were received, and it is found that Bowles Construction Company,
who bid $55,991.35, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Bowles Construction Company in the amount of $55,991.35 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita Falls
a contract with Bowles Construction Company for the construction of such improvements.
Moved by Alderman McAlister that Resolution No. 1982 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
412
Item 9c, cont'd.
Ayes: Aldermen McAlister, Russell, Ryle, and Mathis
Nays: None
Item l0a
A proposed resolution was presented approving final estimate and change order for
Eastside Phase II Sanitary Sewer.r' _ ^d,
c'
RESOLUTION NO. 1983
RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF SANITARY
SEWER EXTENSION ON EAST SIDE-PHASE II.
WHEREAS, the City of Wichita Falls and Bowles Construction Company entered into
a contract dated March 19, 1976, wherein the contractor agreed to construct sanitary
sewer extension on the East Side-Phase II; and,
WHEREAS, said construction has been completed in accordance with the plans and
specifications; and,
WHEREAS, the contractor has submitted the final estimate on this project, which
final estimate shows a total amount of work done as $230,793.15, which includes
6,800.00 for rock excavation; the sum of $211,222.53 has been paid by the City to the
contractor, leaving a balance due of $19,570.62.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of the sanitary sewer extension on East Side-Phase II is
accepted by the City of Wichita Falls, the final estimate is approved, and the City
Manager is directed to pay to Bowles Construction Company the balance due as shown on
such final estimate.
Moved by Alderman Russell that Resolution No. 1983 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Russell, Ryle, and Mathis
Nays: None
Item 10b
A proposed resolution was presented approving final estimate and change order for
elevated water storage tank for Industrial District East.
RESOLUTION NO. 1984
RESOLUTION APPROVING CHANGE ORDER AND FINAL ESTIMATE AND ACCEPTING CONSTRUCTION
OF 500,000 GALLON ELEVATED STEEL WATER TANK IN EXPRESSWAY EAST INDUSTRIAL
DISTRICT.
WHEREAS, the City of Wichita Falls and Pittsburgh-Des Moines Steel Company entered
into a contract dated April 21, 1976, wherein the contractor agreed to construct a
500,000 gallon elevated steel water tank in Expressway East Industrial District; and,
WHEREAS, said construction has been completed in accordance with the plans and
specifications; and,
WHEREAS, the contractor has submitted a change order increasing the contract amount
by $702.00, and has submitted the final estimate on this project, which final estimate
shows a total amount of work done as $205,102.00, of which $194,180.00 has been paid by
the City to the contractor, leaving a balance due of $10,922.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of said elevated steel water tank is accepted by the City of
Wichita Falls, the change order and final estimate are approved, and the City Manager is
directed to pay the said contractor the amount due as shown on such final estimate.
413
Item 10b, cont'd.
Moved by Alderman McAlister that Resolution No. 1984 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen McAlister, Russell, Ryle, and Mathis
Nays: None
Item 10c
The final estimate on the 1976 Seal Coat Program was presented.
Moved by Alderman McAlister that final payment on the 1976 Seal Coat Program be
made to Dircon Corporation in the amount of $50,601.67.
Motion seconded by Alderman Russell, and carried unanimously.
Item lla
Permission was requested to advertise for bids for copier equipment for Central
Duplicating.
Moved by Alderman Mathis that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 12a,b,c
Moved by Alderman Ryle that minutes of the meetings of the following boards be
received.
a. Planning Board - June 10, 1977
b. Electrical Advisory Board - June 14, 1977
c. Aviation Advisory Board - June 22, 1977
Motion seconded by Alderman Russell, and carried unanimously.
Item 13a
A request was presented appointing the audit firm of Jarratt, Cocke, and Tillery
to perform the audit of the Community Development Block Grant and the comprehensive
Planning Grant for the year ended June 30, 1977.
Moved by Alderman McAlister that the appointment be made.
Motion seconded by Alderman Ryle, and carried unanimously.
Alderman Ryle suggested that in the future a letter on estimate of cost be
included.
Item 13c
A discussion was held on the need and alternatives to meet Environmental Protection
Agency pollution control requirements at Jasper Street Water Plant. The Texas Water
Quality Board order gives the City until September 1, 1977 for completion of plans and
specifications and until June 30, 1978 for the construction of pollution control
facilities.
The City Manager suggested to purchase and use existing TESCO Lake adjacent to
Jasper Street Water Treatment Plant. Engineer's cost for construction would be
910,000. An alternative construction method would be for $805,000. Added to this
would be the cost of purchasing TESCO Lake.
Negotiations have been going on with Texas Electric Service Company to purchase
the Power Plant Lake. The City's final offer was $20,000 per acre for the 10.5
acre lake site and $39,000 for relocation of pipe and overhead electric lines for a
total of $249,200. TESCO's last offer was $294,320. Therefore, the alternative
construction method would cost the City $1.1 million.
414
Item 13c, cont'd.
Moved by Alderman Ryle to purchase TESCO Lake for one of the two amounts offered
by the City and to proceed with the architectural plans.
The motion died for lack of a second.
Another motion was made by Alderman McAlister that we accept the plans of Black &
Veatch and make a final bid to TESCO of $250,000 for TESCO Lake and send TESCO a tax IIIF
statement re-evaluating their land for $210,000.
Motion seconded by Alderman Mathis and failed by the following vote:
Ayes: Aldermen McAlister, Mathis, and Ryle
Nays: Alderman Russell
After further discussion a motion was made by Alderman McAlister that the City
Manager offer TESCO a bid of $250,000 for the lake and the relocation for moving the
utilities be included.
Motion seconded by Alderman Mathis, and carried unanimously.
Alderman McAlister stated if TESCO refuses our offer then they are saying the
property is worth more so the City should change the evaluation on the tax rolls.
Item 13e
Mr. and Mrs. Guy Mathews, Jr. returned stating the architect informed them that
they would be getting around to the Littlest Skyscraper by December 31.
Steve Ondrejas stated the architect may have some erroneous information. The
project is to be completed by August 31 for the architect's recommendations.
The City Manager stated the priority was Farmers Market. What did the Council want
as the priority item the Farmers Market or the Littlest Skyscraper?
Aldermen McAlister stated we should make a reasonable effort to comply with what
the Mathews want and try to answer their questions by the September 6, 1977 meeting.
At this time the Board of Aldermen went into Executive session.
When the Board of Aldermen returned, the Mayor stated appointments to the various
boards were discussed along with a community activity center.
The following appointments were made:
Moved by Alderman Ryle that Robert Buckbee be appointed to the Electrical Advisory
Board and that Ward Parker, Bill Drake, and George Moss be reappointed.
Motion seconded by Alderman Russell, and carried unanimously.
Moved by Alderman Mathis that Charles Brown and Wilfred Welch be appointed to the
Plumbing Advisory Board and that Marvin Nunn be reappointed.
Motion seconded by Alderman Russell, and carried unanimously.
Moved by Alderman Russell that Bob Mataska and William Phillips be appointed to the
Board of Adjustments and Appeals and Allen Sharpe be reappointed.
Motion seconded by Alderman Ryle, and carried unanimously.
The appointments for the Wichita Falls Community Mental Health-Mental Retardation
Board of Trustees and the Wichita County-City Hospital Board will be appointed at a later
date.
Mayor Boyd stated he had received an offer by the owners of the old Dillard's
building downtown of $800,000 for a community activity center.
Since the price was higher than expected, the Council instructed the City Manager
to look into the possibility of acquiring the Fed-Mart Building on Jacksboro Highway.
415
Alderman Russell asked about the new garbage containers which were to serve four
families if more than one per four lots could be used in congested areas.
Ernest Lillard stated it could be investigated and it certainly is feasible.
Alderman Mathis stated he had received some anonymous letters and that this type
of thing does nothing to help him. Mayor Boyd also stated he had received letters that
were unsigned and he too disregards them.
The Board of Aldermen adjourned at 6:00 P.M.
PASSED AND APPROVED this o4/z,e7 day of 4;e al„ 1977.
C-
2,7‘? MAYOR
ATTEST:
CITY CLERK
a. ....
T-1 . 6. L.....1.. .. n- we Fib-
r,
ANIi';NI)1VIl?NT 'FO
Pi ii1V11'i' 'I'()
A-PPROPRIAT:E S'1'A'1'E WATER
1)I-0. ,iCJ\T1ON' NO. 51 OA PE1 1V11'T NO. 504A TYPE: Amend,
y
ity of Wichita. i:cal.ls Address 402 East. Scott
1-r> n i.ttc.e.;
and Wichita County Water Wichita. [Falls, Texas
girlirroven)ent I)istrict No. 2
Is,,(.eived iul}'y 20, 1977 Idled August. 29, 1.977
c';,..I„Ied August 29, 1977 Coinities : Wichita, Archer
and Baylor
S
c\ ,,Li (~course : Wichita River,: tr ibu- Watershed: Red River 'Basin •
r
to ry of lied liver
Wl iI"fl EA 5, the 7'c::as Water Rights Commission finds that jurisdiction of
f
1I, nppiica.tion is cshll)l.islred; and
wig1, '.b\5, a public hearing has been held and the City of Wichita halls and
c'.!Oi.ta. Courtly \VaIcr. Intprovernent District No. 2 named as parties; and
t ' ` no person appeared to ,rotest.•the granting of this application; and
WIiERir;./\5, the issuance of this a.rnerrdnrenI granting this al)plicat.i.on is not
r'50 to ally party; and
i,ll;}i1';AS, Permit No. 504, issued on March 22, 1921, to Wichita County
r';1:1(c:)' Inip-coven-lent. District No. 1 and now owned by Wichita. County Water Irn-
mient t)iehicI No. 2 a.nd the City of \Vichita Falls, authorized the construe-
I ...in .-._rld maintenance of two reservoirs, Lake Kemp ri.ucl Lake Diversion, with
r i n•.rr!rldinf c•n1,,aci.t.i-es of 444, 1.60 acre-feet, and 45, 000 acre-Feet, respectively,
I tine diver-.;ion and use of 1, 0'iO, 000 acre-feel; of water per annum From the
E r.voir;-r For ir•r•ifation, power and murlioi.f,m1. purposes; and
WiIT,RI:IAS, ahp.licant5 have requested an amendment to Permit No. 504 to
y authorized
r du. e the ie rnlrt fed c<rlr city of I_,a1:e Rein)) fr:•orn the previously
1260-0 ___- itv to 2Gtl, 000 acre-feetIcet. a.t an elevation of 1144. 0 Feet above mean sea level.;
i. call it appr olrrr choir to 19:3, 000 acre-feet per antlurrt;t :'cl,uc'e the log tl author r c.d
r rcl to reclassify the author Ized uses at-id to allocate specific portions of the annual
Ire c,pr'iation to these uses.
NU V. I'i (I'lt1. 1' OIii;, this amendment to Permit No. 504 is iss1.1e.d to the
it';- Of \AQ clriIa L'alls and WiclnLa County Wager- Impr•ovemerrt District No. 2 sub-
1( to the fol.lowrng ter•rus and conditions:
i
1 . 1.1\i l '( rl (NI );VI l?`V'I';
1-In :, I ,, , ()f ihr' pi'0\ iini s rulhnt'i: ,r iut) to maintain I ,;Il<u l ,einp -it a
u
1 Th,.li'! IV o `14`1 , t,rru acre-feet of wale'', permitt.el. : are authorized
to tn5intaiir sa.ic.I lake al a eapi.n:it..' of 2r;0;, 000 acre-'net at 1144, 0
feet above mean sea. level.
2. 1 SI.
0
1 1 I len of i.lie previous authorization to cp.u'ni'.r•i ite and rl.:c 1 , (x00, Oc
act ,,- i'cet of water pet. ,Il)rturn For' rr'rir,alioir, per\:c I and municipal par-
po•:;,,.:•-; from the reservoirs, pern,_rttees are author [.zed to use the reset
Ririe 1 of 2
for recreationalcational purpose ; and to appropriate and use 193, 000 acre-
feet of water Iaer- ;a'no'n from the reservoirs for the purposes and
in the following amounts:
irrigation 120, 000 acre-feet per annum
Industrial 40, 000 acre-feet per annum
1lunici.pal 31, 000 acre-feet per annum
f\litail7%>' 2, 000 acre-feet per annum
TO'1'Al. 103, 000 acre-feet per annum
Phis aniertdnient is issued subject to all terms, conditions and provisions
contained in Permit No. 504, except as herein amended.
This aa.irendment is issued subject to all superior and senior water rights
in the Red RiVer Basin.
Pet•n.-tittc es agree to be bound by the terms, conditions and provisions coil-
taincil herein and such a reernent is a condition precedent to the granting of this
ALL other matters requested in the application which are not specifically
r a.incd.by this atrrendnrent are denied.
This a.meni.lnient is issued subject to the flutes of the Texas Water Rights
Commission and to its .right of continual supervision of State water resources
con. intent with the public policy of the State set forth in Water Code Section 1. 003.
TEXAS \-AT/\=C'i 1t B ICI ITS C'Oi\1.11l•l SII)i^•'
s/ Joe D. Carter
Toe D. C'a'rter, Ch li rm;rtr -- -
sl Joe R. Carroll
Joe U. Carroll, Commissioner — —J
s/ Dorsey B. I ardernan
Dorsey iL Irardernau, Commissioner
n;,l„ ',sued:
1rtoust 30, 1977
SEAL)
s/ Mary Ann Hefner
H inn Ann Hefter, Sec
ter Page 2 of 2
AGREEMENT
77
WHEREAS, the following facts presently exist:
1. Wichita Falls Museum and Art Center ("Museum") is a Texas Non-Profit
Corporation organized in 1964; the Museum maintains its principal place
of business at 2 Eureka Circle, Wichita Falls, Texas 76308.
2. The City of Wichita Falls, Texas, ("City") in Wichita County, Texas is
duly organized pursuant to a Texas Home Rule Charter.
3. The Museum owns and operates a facility at its principal place of business
and there conducts a museum program in science, history, art and a broad
range of related instruction for persons of all ages.
4. Heretofore the Museum and City have entered into a two year agreement for
financial support so that additional services can be rendered by the Museum
to the City and its citizens and visitors. This agreement expires on September 30,
1977.
5. This agreement would be a continuation of the previous and expiring agree-
ment under terms as indicated.
NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS THAT,
for value received, the receipt and sufficiency of which is hereby acknowledged,
the Museum and City agree:
Section 1. 0: Community Services. The Museum has heretofore rendered a
broad range of educational and cultural services to the City and all of its
citizens and visitors on a regularly scheduled, daily basis (locally observed holi-
days excepted), and admission to the Museum is free of any charge. During the
term hereof, the Museum shall use its best efforts to continue present services
and to expand and add to its current programs with the annual fee herein set as
its Board of Trustees may determine.
Section 2. 0: Fee. The said activities of the Museum and its program accrue
to the benefit of the City, and during each year of the term hereof, the City
shall pay the Museum a fee (Annual Fee) for such services. The amount of the
Annual Fee shall be approximately 10% of the Museum's annual operating budget
each year, but no more than $13, 000 for the first year and $14, 000 for the second
year of this agreement. The Museum's annual operating budget as adopted and
certified each year by the Museum's Board of Trustees shall be presented to the
City of Wichita Falls prior to February 27th of each year. The Annual operating
budget so presented shall specifically indicate new and/or expanded programs pro-
posed to be funded that fiscal year. The Annual Fee shall be so paid in four (4)
equal installments on or before the tenth day of October, January, April, and July
of each year.
Section 3. 0: Term. This Agreement shall commence and be effective as of
October 1, 1977, and it shall continue thereafter for the next two (2) con-
secutive years. The City and the Museum contemplate the City's continued pay-
ment of the Annual Fee after October 1, 1979, upon such terms as are then mutually
agreeable to the City and the Museum.
Section 4. 0: Appointments and Liason. The Mayor with the concurrence of the
Board of Aldermen of the City of Wichita Falls under this agreement shall have the
right to appoint two (2) persons to the Museum Board of Trustees, one of whom
shall also be a member of the Museum Executive Committee. Such appointees
shall have all of the rights accorded to other members of the Board of Trustees
and Executive Committee. The persons first appointed shall serve one and two year
terms respectively and thereafter all appointments shall be for two year terms. In
addition, the Board of Aldermen may appoint one of its own members who shall liaise
with the Board of Trustees and Executive Committee with no right to vote.
THUS executed at Wichita Falls, Texas, this /Sz'/ day of `. .tom/,
1977.
CITY:
CITY OF WICHITA FALLS, TEXAS
BY:
QA-
CITY MANAGER
ATTEST:
ITY CLERK
MUSEUM:
WICHITA FALLS MUSEUM & ART CENTER
BY: i,/
ATTEST:
p c.-12, , r
r
SECRETARY
e
6