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Min 09/20/1977449 Wichita Falls, Texas Memorial Auditorium Bldg. September 20, 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 Carol Russell X Aldermen Ray Ashbrook W. E. Ryle X Jerry Mathis Gerald Fox City Manager H. P. Hodge, Jr.City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Dr. Earle Crawford, First Presbyterian Church. Item 3 Moved by Alderman Russell that minutes of the meeting held September 6, 1977, be approved. Motion seconded by Alderman Mathis, and carried unanimously. v Item 5a f Subir Mukerjee, an employee of the Planning Department, was honored as employee of the month for September. Mayor Boyd presented him with a plaque and two tickets each to an interstate theatre and El Babos. item 5b Mayor Boyd presented an appreciation award to former alderman Bill Gowan for his service on the Board of Aldermen from 1975 to 1977. Item 4a V The use hearing was opened for general revenue sharing funds appropriations. r -..., J City Manager Gerald Fox noted the midtown activities center ($1,000,000) which will be discussed later. He also recommended the meals on wheels program in the amount of $12,000, as well as the family practice medicine residency program in the amount of $25,000, from July to September 1978. 7 Roger McKinney, Acting Director of Planning, recommended $200,000 to purchase land for off-street parking in downtown renovation. As a part of the hearings held on community development block grant program this year and last year, $275,000 was appropriated for construction of the eastside neighborhood center. It will cost more than this amount, and we might want to use revenue sharing funds for this purpose so that it can be constructed under one contract rather than two. The City Manager clarified these requests. Ernest Lillard discussed drainage improvements in the amount of $500,000, stating that we have also earmarked $550,000 in community development block grant funds for these projects. He also recommended $250,000 for sanitation containers for another area of the city. Other projects requested were $75,000 for the surface overlay program, $60,000 for penetration surface treatment, $300,000 for street reconstruction, $100,000 for assessment paving, and $7,892 for urban systems program (formerly called TOPICS) for construction of major arterial and collector streets in the city. Bob Haley recommended Central Garage improvements in the amount of $100,000. The concept of contract maintenance will be reviewed. The present facility will 450 Item 4a, cont'd. still need some improvements any way they go, and the exact amount of funds needed will depend upon the outcome of the study. Other projects requested were an energy conservation program in the amount of $20,000 for city buildings, and a warning siren encoder in the amount of $14,000. Bill Hursh discussed tennis center improvements in the amount of $11,108 for clubhouse and restroom facilities. He also mentioned park improvements in the Belair Addition and Hamilton Park. He is also concerned about guard lights at several parks in the system. He also mentioned that someone wanted the city to purchase 71/2 acres on the north side of Lucy Park, but this is a low priority. Hurshel Johnson stated that we need two additional fire stations, but is requesting $225,000 for one station in the southwest part of the city, including Seymour Heights, Fountain Park, Tanglewood, and Belair Additions. No additional personnel would be required - only the station and equipment. The new station would reduce the present response time by one-half. Ed Ilschner proposed designation of 13th and 14th Streets as one-way streets. Thirteenth would be one-way westbound, and Fourteenth one-way eastbound. These streets would provide ease of movement from the eastern portion of the city to Broad and Holliday, and the hospitals. Cost would be $120,000, and the Traffic Engineering Department would prepare plans and specifications, and construct the project. If signalization is not provided, they would have to operate it by stop signs. They would hope to have it completed by next spring when the east side overpass is completed. He also mentioned repair of Hangars one, two, and three at the airport. They were constructed in 1959 with no significant repair on them since that time. They are of bolt and nut construction and need preventive maintenance every three to five years. It is estimated that $21,590 is needed for Hangar Number One, and $3,110 for Hangars Two and Three. Angus Thompson, Executive Director of CAC, requested $20,000 for their use out of general revenue sharing funds. They would like to work out their proposals to be presented to the Council before the next meeting. Mrs. James Phillips, 1200 34th and Armory Road, wanted to know what could be done about the drainage which flows on them because the bridge is stopped up. Their concrete porch has buckled from the water. Mr. Lillard was directed to clean out the bridge so that water could flow through. Alderman McAlister inquired if we had funded meals-on-wheels program out of revenue sharing funds before, and the City Manager stated that we did. Angus Thompson stated that $12,000 is about 30 percent of the cost of meals-on-wheels, and he expects it to be an on-going program. The City Manager stated that it appears there will always be a need for a local match to obtain revenue sharing funds. He does not know of any other local groups to handle it. Alderman McAlister felt that if it is to be an on-going program then it should be funded from the regular budget rather than revenue sharing. The City Manager stated that the City would pull out if revenue sharing funds were not available. The City Manager inquired if CAC has requested funds from other agencies, and Mr. Thompson stated that they have. Alderman McAlister questioned the energy conservation program. He suggested replacing the lights as they burn out, rather than all at once. The City Manager stated they would use the lights at other places. The cost savings is not as effective unless the whole building is converted at one time. He also stated that he is not in favor of the warning siren encoder and the whole program. He also inquired which streets would be controlled by 13th and 14th. Mr. Ilschner stated it would be the cross streets. Alderman Russell inquired concerning the $50,000 for initial development of Belair Park. Mr. Hursh stated it would include purchase of the property, curb and gutter, two tennis courts, some playground equipment, and a water fountain. The purchase price would amount to $37,500. Mayor Boyd inquired how close we are to having the tennis program self-supporting. The City Manager stated that we would consider Weeks and Hamilton tennis courts as self supporting, but not the whole tennis operation. Alderman Ryle mentioned the Central Garage operations. It was noted that the staff is making an in-depth study of the maintenance proposal presented by new car dealers, and that the whole program will be reviewed. Alderman Bassett mentioned the condition of parks in the city, stating that he has not heard any discussion on our ability to provide maintenance for all our parks. 451 Item 4a, cont'd. He feels we might hold up on the parking lot for a ball park. The City Manager stated that much of the time spent in the parks is for maintenance of the park roads. Alderman Bassett also requested a history of the downtown renovation projects, how much was appropriated and how much was spent, and what we plan to do in the foreseeable future. Mayor Boyd noted that there seems to be considerable interest from a group for the fire station and equipment mentioned earlier. It is probably something we should give serious consideration to this year. It has been discussed for two years. Mrs. J. Y. Riddles, 1232 34th and Travis, inquired if a deep ditch would be made when the street is constructed. Mr. Lillard explained that there would not be a ditch. The property line was mentioned, and Mr. Lillard stated that he would have someone contact her in this regard. The hearing on general revenue sharing appropriations was closed. Vltem 4b 1 Ernest Lillard presented information regarding appraisals made on properties abutting Bluff, Travis, and Fairfax Streets in the 1976 Assessment Paving program. Two realtors were asked to appraise these properties. Both realtors were in agreement that properties on Fairfax Street would be enhanced in the amount of the assessed value, and no change was recommended. On Bluff and Travis there were differing viewpoints on part of the properties. Letters have been written to property owners informing them of the recommended assessment. If the Board of Aldermen is in agreement with the present assessment, they will make the changes on the required documents. E. M. Stephens, 1711 Fairfax, was of the opinion that some property owners had been contacted by the Public Works Department, but Mr. Lillard explained that none had been, except to inform them of the latest action. Mr. Stephens stated that all families on Fairfax, except one, are retired. Mayor Boyd explained that the decision had already been made to pave the street, but the only question was on the cost of it. Moved by Alderman McAlister that the reduced street paving assessments on Bluff and Travis be accepted. Motion seconded by Alderman Ryle, and carried unanimously. d Item 6a Proposed ordinances were presented increasing charges, for commercial refuse s collection and landfill fees. ORDINANCE NO. 3221 ORDINANCE AMENDING SECTION 17-19 OF THE CODE OF ORDINANCES, WHICH ESTABLISHES RATES FOR REMOVAL OF GARBAGE AND REFUSE. Moved by Alderman McAlister that Ordinance No. 3221 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None ORDINANCE NO. 3222 ORDINANCE AMENDING SUBSECTION (b) OF SECTION 17-62 OF THE CODE OF ORDINANCES, ESTABLISHING LANDFILL USE FEES. Moved by Alderman McAlister that Ordinance No. 3222 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 452 A group of Jacksboro High School students were welcomed, who are studying local.government. Item 6b F A proposed ordinance was presented increasing building inspection fees. L',, J ;,z ORDINANCE NO. 3223 ORDINANCE AMENDING PARAGRAPH (A) OF SUBSECTION (3) OF SECTION 7-15 OFTHECODEOFORDINANCES, ESTABLISHING VALUE OF BUILDINGS IN THE BUILDINGCODE. Moved by Alderman Bassett that Ordinance No. 3223 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None V Item 6c Proposed ordinances were presented establishing water and sewer rates. ORDINANCE NO. 3224 ORDINANCE AMENDING SECTION 32-20 OF THE CODE OF ORDINANCES, ESTABLISHING WATER RATES TO BE COLLECTED BY THE WATER DEPARTMENT OF THE CITY. Moved by Alderman Bassett that Ordinance No. 3224 be passed, using Alternate No.2. Motion seconded by Alderman McAlister. Alderman Ryle stated he was interested in Alternate One. A substitute motion was moved by Alderman Mathis that the ordinance be passed with Alternate No. 1. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Mayor Boyd, Aldermen Russell, Ryle, and Mathis Nays: Aldermen McAlister, Bassett, and Ashbrook Moved by Alderman Mathis that the ordinance be passed as an emergency measuretobecomeeffectiveOctober1, 1977. Motion seconded by Alderman Ryle, and carried unanimously. VORDINANCE NO. 3225 ORDINANCE AMENDING PARAGRAPHS (b) AND (c) OF SECTION 32-57 OF THE CODE OF ORDINANCES, ESTABLISHING RATES FOR SEWER SERVICE. Moved by Alderman Ryle that Ordinance No. 3225 be passed, with Alternate Two,Exhibit B. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None Moved by Alderman Ryle that the ordinance be passed as an emergency measure tobecomeeffectiveOctober1, 1977. Motion seconded by Alderman Russell, and carried unanimously. Item 6d A proposed ordinance was presented establishing prima facie maximum speedlimitsoncertainstreets. r 453 Item 6d, cont'd. v/ORDINANCE NO. 3226 AN ORDINANCE AMENDING SECTION 29-91 OF THE CITY CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3226 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Mathis , Russell, Ashbrook, and Ryle Nays: None (Alderman Bassett was out of the room.) vitem 6e A proposed ordinance was presented closing an alley. This request was made by ABC Motors and Marine. ORDINANCE NO. 3227 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY IN BLOCK 1 OF THE COUNTRY CLUB ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman McAlister that Ordinance No. 3227 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Mathis, Russell, Ashbrook, and Ryle Nays: None (Alderman Bassett was out of the room.) Item 6f A proposed ordinance was presented granting waiver of an ordinance to allow Southwest National Bank to advertise on the scoreboard, which they purchased, in Jaycee Park. ORDINANCE NO. 3228 ORDINANCE WAIVING PROHIBITION IN PARAGRAPH (a) OF SECTION 22-1 OF THE CODE OF ORDINANCES, AGAINST SIGNS AND OTHER ADVERTISING DEVICES IN PARKS, FOR ELECTRIC SCOREBOARD AT JAYCEE PARK. Moved by Alderman McAlister that Ordinance No. 3228 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 6g r A proposed ordinance was presented granting waiver of an ordinance to allow sidewalk art sale in downtown area on October 8, 1977. vORDINANCE NO. 3229 ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF ORDINANCES ON OCTOBER 8, 1977 FOR ANNUAL SIDEWALK ART SALE IN THE CENTRAL BUSINESS DISTRICT. Moved by Alderman McAlister that Ordinance No. 3229 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: None 454 JItem 7a A proposed resolution was presented authorizing the City Manager to purchaseT-Hangars at Municipal Airport and g ivin public noticeatemporaryloanwillbeconsideredbytheBoardofAldermen on Octoberc4, a1977rizing Alderman Ryle stated that he would like to see the T-Hangars put up for sale andboughtbythepublic. The City Manager stated that if that is done an adjustmentwouldhavetobemadeinthefixedbaseoperator's contract. It was Alderman Ryle'sdesirethatthispurchasebeatemporarymeasure. Aldermen Bassett and Russellconcurred. RESOLUTION NO. 2013 RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE THE T-HANGARS ATMUNICIPALAIRPORTFROMSOUTHERNAVIATIONOFTEXAS, INC. AND GIVING PUBLICNOTICETHATTHEBOARDOFALDERMENWILLCONSIDERANORDINANCEAUTHORIZINGATEMPORARYLOANFROMPARKERSQUARESTATEBANKTOOBTAINTHENECESSARYFUNDSTOPURCHASETHET-HANGARS. WHEREAS, on September 6, 1977, the Board of Aldermen adopted Resolution No.1994 accepting the bid of Southern Aviation of Texas, Inc. for the Fixed BaseOperator's lease at Wichita Falls Municipal Airport; and, WHEREAS, it was a condition of the bidding for the Fixed Base Operator's leaseatWichitaFallsMunicipalAirportthattheCitywouldobtainownershipoftheT-Hangars located thereat; and, WHEREAS, Southern Aviation of Texas, Inc. was the maker of a promissory notepayabletotheCityNationalBankofWichitaFalls, Texas bearing interest at 9.8percentwithmonthlyinstallmentpaymentsof $396.00 to pay the sum now due of14,323.68 in forty-four payments; and, WHEREAS, the City deems it advisable to negotiate a new temporary loan withParkerSquareStateBankformoniestopayofftheSouthernAviationofTexas, Inc.note being held by the City National Bank at the interest rate of 3 3/4 percent; and, WHEREAS, the City will require Southern Aviation of Texas, Inc. to furnishabillofsaletotheT-Hangars at Wichita Falls Municipal Airport upon consumationofthefinancingarrangementdescribedabove. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITAFALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to purchase the T-HangarsatWichitaFallsMunicipalAirportfromSouthernAviationofTexas, Inc. SECTION 2. Public notice is hereby given that, at the meeting of the Board ofAldermenonOctober4, 1977, at 8:30 o'clock A.M. in the Council Room in MemorialAuditoriumbuilding, an ordinance authorizing such a temporary loan shall beconsideredbytheBoardofAldermen. Moved by Alderman Ryle that Resolution No. 2013 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None Moved by Alderman Ryle that the City Manager be authorized to put the T-Hangars up for bid to private owners. Motion seconded by Alderman McAlister, and carried unanimously. Item 7b A proposed resolution was presented authorizing the City Manager to completeandfileanapplicationforSection8Housingassistancepaymentsprogramforexistinghousing. Alderman Bassett noted that we are wanting to expand it, and havenotreceivedareportofthebenefitsofit. Roger McKinney stated that the waitinglistatCACindicatesthatadditionalunitsareneeded. The City Manager explainedthatifwedonotactbeforeSeptember30, the funding will not be available for50units. He stated that we are very satisfied with the administration of this program. 455 Item 7b, cont'd. RESOLUTION NO. 2014 A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING UNDER TITLE II OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-383) WHEREAS, the City of Wichita Falls currently has an approved Section 8 Housing Assistance Payments Program in operation; and WHEREAS, over 95% of the 157 authorized units are under lease; and WHEREAS, over 100 qualified families are on the waiting list; and, WHEREAS, the 1977 Housing Assistance Plan, adopted by the Board of Aldermen on December 7, 1976, indicates 50 additional units as a current year goal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to file an application for an additional 50 units of Section 8 - Housing Assistance Payments Program for Existing Housing and to execute an Annual Contributions Contract with the Department of Housing and Urban Development for providing housing assistance to lower income households. 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. 2014 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, Ryle, and Mathis Nays: Alderman Bassett Item 7c Discussion was held on an option contract to purchase park land in Midwestern I Park Addition for $5,000 per acre, plus development costs and improvements. Alderman McAlister inquired at what future date would we be obligated to spend the $30,000. The City Manager estimated within a year. The property is six acres located northbound on Maplewood, east and south of the creek crossing. Apartments to be built indicate open space and recreation facilities for those residents. Alderman McAlister stated that we do not have any money in the budget to fund or equip a new park. RESOLUTION NO. 2015 RESOLUTION APPROVING OPTION CONTRACT WITH ROBERT SEABURY AND OTHERS FOR PURCHASE OF PARK SITE IN MIDWESTERN PARK ADDITION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain option contract, a copy of which is attached hereto, between the City of Wichita Falls and Robert Seabury and any other owners of such property, granting to the City the right to purchase a tract containing approximately six acres for a park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Ashbrook that Resolution No. 2015 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen Bassett, Russell, Ashbrook, Ryle, and Mathis Nays: Alderman McAlister. Moved by Alderman Ryle that the City Manager be instructed to include these funds as one of the alternates for revenue sharing funds. Motion seconded by Alderman Ashbrook, and carried unanimously. 456 p Item 7d A proposed resolution was presented increasing golf fees. RESOLUTION NO. 2016 RESOLUTION ESTABLISHING GREEN FEES AND FEES FOR ANNUAL PERMITS FOR WEEKSPARKGOLFCOURSE, EFFECTIVE OCTOBER 1, 1977. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,THAT: SECTION 1. The following schedule of fees is hereby established for WeeksParkGolfCourse, effective October 1, 1977 Green fee - weekday - Adult 2.25Greenfee - weekday - Senior (65 & over) 1.75Greenfee - weekday (Before 11:00 A.M.)-Junior (18 & under) 1.75Latefee (after 4:00 P.M.) - weekday 1.75Greenfee - Saturday, Sunday and holidays 3.30Latefee (after 4:00 P. M.) - Saturday, Sunday & holidays 1.75Annualpermit - Adult 165.00Annualpermit - Adult couple 250.00Annualpermit - Senior (65 & over) 85.00Annualpermit - Junior (18 & under) 85.00 SECTION 2. Resolution No. 1714 is hereby repealed. Moved by Alderman Bassett that Resolution No. 2016 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None Alderman McAlister stated that he had received numerous comments on the excellent condition of the greens. The comments also indicate that service in the restaurant and golf facilities is the poorest it has ever been. Item 7e A proposed resolution was presented authorizing the City Manager to execute a contract of sale with Sikes Senter Partnership for purchase of the Dillard Buildingintheamountof $465,000, to be used as an activities center. Because of mortgageandbondingcommitmentsontheproperty, the deed cannot be turned over to the City.until December 31, 1978. The contract calls for an interim payment of $6,000 per month until such time as the City can take it over, beginning on October 1, 1977. RESOLUTION NO. 2017 RESOLUTION APPROVING CONTRACTS OF SALE TO THE CITY OF WICHITA FALLS OFBLOCKNO. 195, ORIGINAL TOWNSITE, AND OF LOTS 8 AND 9 OF BLOCK NO. 198,ORIGINAL TOWNSITE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,THAT: Those two certain contracts of sale, copies of which are attached hereto, whereby Sikes Center Partnership contracts to sell to the City of Wichita Falls all of Block No. 195 of the Original Townsite, and all of Lots 8 and 9 of Block No. 198oftheOriginalTownsite, are 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. 2017 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, Ryle, and MathisNays: None As suggested by Alderman Mathis, Mayor Boyd appointed Aldermen Russell (Chairman) and Bassett to assist the City Manager in selection of an architect to draw remodelingplans. 457 Item 8a Permission was requested to advertise for bids for construction of pedestrianimprovementsinMidtown. Funds for three intersections at 7th and Indiana, 8th andScott, and 10th and Scott have been budgeted in the 1976-77 Community Developmentprogram, Moved by Alderman Bassett that authority be granted to advertise for bids asrequested. Motion seconded by Alderman Ryle, and carried unanimously. Item 8b Permission was requested to advertise for bids for vending concession contract. Moved by Alderman Mathis that authority be granted to advertise for bids asrequested. Motion seconded by Alderman Ashbrook. Alderman McAlister stated that we should have some kind of quality standard inthecontract. The motion was carried unanimously. Moved by Alderman McAlister that prior to our next meeting we put mayonnaise,mustard, and sweet relish in the refrigerator for our lunches, along with plasticknives. The motion died for lack of a second. JItem 9 Moved by Alderman Ashbrook that minutes of the meetings of the following boardsbereceived. a. Board of Electrical Examiners - September 12, 1977 b. Traffic Commission - September 13, 1977 Motion seconded by Alderman Ryle, and carried unanimously. Item l0a Moved by Alderman Bassett that Tax Adjustments No. 548 through No. 593 beapprovedintheamountof $4,402.57. Motion seconded by Alderman Ryle, and carried unanimously. Item 10b JVMoved by Alderman McAlister that Joe Mike Pistocco be appointed to the PlanningBoardforatermtoexpireMay23, 1979. Motion seconded by Alderman Mathis, and carried unanimously. Moved by Alderman Ryle that Lt. Colonel William C. McPeek be appointed to theAviationAdvisoryBoardforatermtoexpireDecember31, 1978. Motion seconded by Alderman Bassett, and carried unanimously. VItem 10c Discussion was held on initiation of collection of hotel-motel occupancy taxauthorizedbyOrdinanceNo. 2500. Moved by Alderman McAlister that we advertise our intentions and set a publichearinginNovemberinconnectionwiththeDillardBuildingpurchase. Motion seconded by Alderman Mathis, and carried unanimously. 458 iltem 10d Moved by Alderman Bassett that the public hearing on adoption of the budget be set for October 7, 1977, at 8:30 A.M. Motion seconded by Alderman Ashbrook, and carried unanimously. The revenue sharing hearing will be held on October 4, 1977. Item l0e Moved by Alderman Ryle that the low bid meeting specifications for three rotary mowers for Parks Department be awarded to Northgate International in the amount of 4,042.80. Motion seconded by Alderman Ashbrook, and carried unanimously. Alderman McAlister clarified with the Health Department that the cost of Y removing the head of an animal for rabies tests is borne by the individual. The cost of sending it in to Austin is borne by the City. The Board of Aldermen adjourned at 12:50 P.M. PASSED AND APPROVED this ZtZ/day of7!:Xe__Xe5A/ , 1977. MAYOR ATTEST: i . Zia tcLJ " may CITY CLERK 8/16/77 P. 4-4 THE STATE OF TEXAS X COUNTY OF WICHITA X This agreement made and entered into this the day of 1977 , by and between the City of Wichita Falls, Texas , hereinafter called City, and Sikes Senter Corporation and Robert Seabury, hereinafter called Subdividers , WITNESSETH: WHEREAS , Ordinance No. 2118 , the comprehensive subdivision ordinance of the City of Wichita Falls, requires that all subdividers set aside land for park purposes when the master park plan of the City shows a park is required in the area to be subdivided; the ordinance provides that the City shall be granted an option to purchase the land so set aside for park purposes; and, WHEREAS , Developers have filed with the City the 10th Preliminary Plat of Midwestern Park, a subdivision of the City of Wichita Falls , and the parties desire to formalize the option which the City has by virtue of the above ordin- ance for park land out of the area of 291. 946 acres covered by such preliminary plat. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES and mutual covenants herein contained, and in compliance with such ordinance, the parties hereto do hereby agree as follows : Subdividers do hereby grant to City an option to purchase for park purposes the following described land situated in Wichita County, Texas , to-wit: All of Block 16 of Midwestern Park, as shown on the 10th Preliminary Plat thereof dated June 30 , 1977 , prepared by Biggs & Mathews , Inc. , which plat is on file in the Planning Department of City, save and except that part of Block 16 which lies south and east of a line running from the most westerly corner of Lot 34 of Block 2 to Miller Road, which line r is perpendicular to Miller Road, ; such tract contains approxi- mately six acres of land. City must exercise its option to purchase such land with- in sixty days after such time as 140 single family dwelling units (including town houses and patio houses) have either been built or are under construction within the total area of 291. 946 acres covered by said preliminary plat as shown in the -field notes thereon. Subdividers shall give written notice to City' s Director of Planning stating the date on which such 140 single family dwelling units have been con- structed or are under construction. If City fails to exercise this option, the option shall terminate , and Subdividers may proceed to develop the land in any way authorized by the subdivision ordinance, with no further requirement concerning park lands in the area covered by such preliminary plat insofar as Ordinance No. 2118 is concerned. To exercise this option, City shall give Subdividers notice in writing within such sixty day period, delivered by certified mail or by hand, stating the fact that it does exercise its option. If such notice is sent by certified mail, it shall be sufficient if the notice is actually de- posited in the United States mail within such sixty day period. If City does exercise its option, the purchase price to be paid by City to Subdividers for such land shall be the sum of $5 , 000 per acre cash. The actual quantity of land contained in the tract shall be determined by a licensed land surveyor. In addition, City shall pay its pro rata part of all development costs attributable to such park land including abutting streets and utilities necessary to serve such park land. Subdividers shall furnish to City either a complete abstract of title to said property, or shall furnish a policy 2 - CONTRACT FOR SALE OF CITY BLOCK UPON WHICH THE STORE FORMERLY KNOWN AS DILLARD' S DEPARTMENT STORE IS SITUATED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X Sikes Center Partnership , an Illinois general partner- ship (hereinafter called "Seller" ) , hereby sells and agrees to convey unto the City of Wichita Falls , a home rule municipal corporation organized under the laws of the State of Texas hereinafter called "Purchaser" ) , and Purchaser agrees to pur- chase and pay for, all as provided herein, that property situated in the City of Wichita Falls , Wichita County, Texas , and described as follows: All of Block No. 195 of the Original Townsite of the City of Wichita Falls ; subject to all outstanding easements , rights-of-way, restric- tions and mineral reservations , but together with all permanent improvements situated thereon. Further, Purchaser represents that Purchaser has made an inspection of the property and takes such property in its present physical condition "as is" , without any warranty, as of the date of this contract but with no material detrimental change -- except such as is compensated by insurance proceeds as hereafter discussed -- in such physical condition to occur between the date hereof and the date of delivery of posses- sion hereunder to Purchaser. However, Seller shall convey to Purchaser (by special warranty deed of Seller, warranting against all adverse claims by, through, and under Seller) good and marketable title to the subject property (free and clear of all liens) at closing. Also, Purchaser is to receive at closing that title insurance policy covering the subject property and hereinafter specified. PURCHASE PRICE: The purchase price shall be $465 , 000. 00 to be paid by Purchaser to Seller in cash at closing. DELIVERY OF POSSESSION OF PREMISES AND PAYMENTS OF INTEREST, AD VALOREM TAXES , INSURANCE, UTILITIES PENDING CLOSING: Seller shall deliver possession of the premises to Pur- chaser upon Purchaser' s request therefor and whenever (1) no valid referendum petition has been submitted questioning this transaction (as hereinafter detailed) within the time permitted for the submission thereof or (2) a valid referendum petition is timely submitted but the election held pursuant thereto fails to prevent the appropriation for this transaction. Upon such delivery of possession Purchaser shall thereafter be responsible for maintenance of the premises , maintaining the insurance coverage thereon, the payment of all utilities servicing the premises , and the payment of all ad valorem taxes which ad valorem taxes shall actually be prorated to October 1, 1977) , all as hereinafter set out in detail. Further, Purchaser upon receipt of such possession shall be entitled to utilize the premises for any purposes Purchaser desires and even by making structural changes to the improvements thereon or removing any of the improvements therefrom provided any consent necessary from the present mortgage holder is first obtained, which consent shall not be unreasonably withheld to the extent Seller can control such. Seller shall use its best reasonable efforts to obtain any consent from such mort- gage holder. Such request by Purchaser for delivery of posses- sion must be made (if the conditions precedent hereinabove set forth have occurred) by at least April 15 , 1978 . Upon such delivery of possession of the premises , Pur- chaser shall pay to Seller an "interim payment" sum (for the insurance, maintenance , utilities and interest on the purchase price accruing during the period from October 1 , 1977 , to the date of delivery of possession) in an amount equal to the number of months elapsing from October 1 , 1977 , until the date of the delivery of possession multiplied by the sum of $6 , 000. 00. 2 - For example, if the delivery of possession is given on January 15 , 1978 , then the amount of such payment shall be $21, 000. 00 , being 3. 5 multiplied by $6 ,000. 00. Upon closing (at the time hereinafter specified) of the transaction Purchaser shall pay to Seller in addition to the purchase price specified above an amount equal to 3 , 000. 00 multiplied by the number of months elapsing from the date of delivery of possession up until the date of closing with such sum representing interest accruing from the date of delivery of possession up until the date of closing on the purchase price) . PRORATION OF AD VALOREM TAXES AND PROVISION FOR TITLE INSURANCE : Seller will have paid by, or contemporaneously with, execution of this contract, all ad valorem taxes , with penalties and interest, if any (as well as any other special assessments) assessed against the subject property for all years up to and including the year 1976. All ad valorem taxes (and any other special assessments) assessed against the subject property for the year 1977 will be prorated to the date of October 1 , 1977 . Seller shall pay to Purchaser on date of delivery of possession Seller' s pro rata share at 1977 taxes , penalty and interest, and Purchaser shall be responsible for payment of taxes for 1977. And until the time of closing, Purchaser shall be responsible for the timely payment (or other adequate provision for) all such ad valorem taxes and special assess- ments against the subject property for the year 1978 and all subsequent years. Seller shall furnish to Purchaser within thirty days from the date of this contract a Lawyer' s Title Insurance Corporation or Pioneer. National Title Insurance Company owner' s title insurance policy binder with respect to the premises showing the status of the title to the subject property at a time as of the date of this contract. At closing hereof 3 - Seller shall deliver (at Seller' s expense) to the Purchaser an owner' s title insurance policy issued by either Lawyer' s Title Insurance Corporation or Pioneer National Title Insurance Company in the full amount of the purchase price and insur- ing merchantable title in Purchaser as to the subject property. PROVISION FOR CASUALTY AND LIABILITY INSURANCE , MAINTENANCE AND UTILITIES PENDING DELIVERY OF POSSESSION AND PENDING CLOSING: Seller shall continue to carry fire and extended coverage insurance on the permanent improvements situated on the premises up until the date of delivery of possession of the premises to Purchaser and in an amount of the lesser of (1) the insurable value thereof or (2) the purchase price hereof. Then, effective as of the date of delivery of possession of the premises, Purchaser shall furnish such fire and extended coverage insurance. Should any loss covered by such insurance occur and should delivery of possession of the premises also occur, then Purchaser shall be assigned all rights of Seller under such policy (or policies) and the transaction hereunder shall proceed as otherwise herein contemplated; but should such a loss covered by such insurance occur and delivery of possession of the premises not occur hereafter, then Seller shall retain all rights and proceeds under such policies and the transaction shall not close. It is recognized that the present mortgage holder of the property may require that it be named as beneficiary (to the extent its interest appears) in any such fire and extended coverage policies. If so, then such an endorsement as required will be carried on such policies and to the extent such mort- gage holder receives any insurance proceeds therefrom and should delivery of the possession of the premises occur here- under, then the sales price will be adjusted at closing for the amount of such insurance proceeds so paid to such mortgage holder. 4 - Liability insurance for accidents occurring on the pro- perty and in the amounts of at least $1, 000 , 000. 00 for per- sonal injury or death and $100 ,000. 00 property damage shall be maintained from the date of this contract to the date of closing and for the benefit of both parties hereto. Seller shall maintain such liability insurance up until delivery of possession of the property and then Purchaser shall maintain such thereafter until time of closing. All insurance policies shall be maintained with reputable insurance companies , naming both parties hereto as beneficiaries thereof , and the party hereto required to maintain such shall furnish a copy to the other party hereto (and any mortgage holder involved) . Seller shall pay for all utilities and furnish any maintenance needed for the premises up until the time of delivery of possession of the premises and Purchaser shall furnish such thereafter. PROVISIONS RECOGNIZING POSSIBILITY OF REFERENDUM ELECTION AND ALSO FOR DELIVERY OF POSSESSION OF THE PREMISES : Purchaser represents to Seller that any time within thirty days after the execution hereof by Purchaser' s designated representative a referendum petition may be submitted by some of the citizens of Purchaser seeking to prevent this purchase or the appropriation of the funds therefor. Should such an appropriate petition be submitted, then Purchaser will promptly schedule and hold the election therefor. Then, should such election result in the prevention of this purchase or the appropriation of funds therefor, Purchaser shall promptly give Seller written notice thereof and together with such notice shall remit to Seller an amount equal to a portion of the interim payment" hereinabove specified amounting to $5 , 000. 00 per month for that period of time elapsing from October 1, 1977 up until the date of the giving of such notice. And, 5 - s v . upon the giving of such notice and the making of such payment this contract shall be canceled and neither party shall be any further liable hereunder. Provided further, that if Purchaser has not taken delivery of possession of the premises by April 15 , 1978 , then Seller shall have the right to ter- minate this contract by giving Purchaser written notice of such termination. Upon such termination Purchaser shall pay Seller promptly the sum of $32 , 500. 00 (being $5 , 000. 00 per month multiplied by the 6. 5 months involved) and neither party shall be any further liable hereunder to the other. CLOSING: Closing of the transaction shall be held at the offices of a title company or attorney in Wichita Falls , Texas , specified by Seller and at a date specified by Seller which shall be after the date of delivery of possession of the pre- mises but not later than January 15 , 1979. Seller shall give such notice in writing to Purchaser at least fifteen days prior to the date of such closing. At such closing Seller shall deliver to Purchaser the special warranty deed herein contemplated together with the title policy herein contemplated. Purchaser shall pay to Seller at such closing the purchase price hereinabove pro- vided plus the $3, 000. 00 per month payment hereinabove specified attributable to interest on the purchase price. In the event that, because of title defects , Seller is unable to furnish a title policy insuring good and marketable title in Purchaser, this contract shall terminate, and the interim payment thereto made shall be returned by Seller to Purchaser. MISCELLANEOUS MATTERS : Time is of the essence in all matters provided herein and the performance of all covenants contained herein. All covenants hereof are material. Should litigation result hereunder then the prevailing party hereto shall be entitled 6 - to recover, in addition to any other relief available at law, a reasonable attorney' s fee for such litigation. The individuals executing for the respective parties hereof do personally warrant that they have authority to do so. This contract and all rights hereunder may not be assigned by Purchaser. All notices allowed or permitted to be sent hereunder to either party hereto shall be sent by certified mail, return receipt requested, with proper postage placed thereon to the following respective addresses (unless either party hereto subsequently gives the other written notice of a change of such address) , to-wit: SELLER: Sikes Center Partnership c/o Centre Properties 180 North LaSalle Street, Suite 3407 Chicago, Illinois 60601 PURCHASER: City of Wichita Falls P. O. Box 1431 Wichita Falls , Texas 76307 Attention: City Attorney It is recognized that the same parties hereto have entered into a contract dated this same date for the sale by Seller to Purchaser of Lots 8 and 9 , Block 198 , of the Original Townsite of the City of Wichita Falls, Wichita County, Texas , reference to such contract being hereby made. The parties hereto do agree that should delivery of possession of the subject premises occur, pursuant to the conditions set forth herein, that such other contract entered into by and between the parties shall also be performable by the par- ties hereto. However, if such delivery of possession herein does not occur and the present contract is terminated as herein provided then such other contract shall also be terminated. 7 - This contract is dated this the Vi day of September, 1977, in duplicate originals , one for each party hereto. SELLER: SIKE NTER PAei R HIP By A Managing Genera 4 artner B Q A Managing Gen-ral Partner PURCHASER: THE CITY OF WICHITA FALLS By CityMager ATTEST: 8 _ CONTRACT FOR SALE OF CITY LOTS FORMERLY USED FOR PARKING FOR THE STORE FORMERLY KNOWN AS DILLARD' S DEPARTMENT STORE THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA X Sikes Center Partnership, an Illinois general partner- ship (hereinafter called "Seller") , hereby sells and agrees to convey unto the City of Wichita Falls , a home rule muni- cipal corporation organized under the laws of the State of Texas (hereinafter called "Purchaser") , and Purchaser agrees to purchase and pay for, all as provided herein, that property situated in the City of Wichita Falls , Wichita County, Texas , and described as follows : All of Lots 8 and 9 of Block No. 198 of the Original Townsite of the City of Wichita Falls; subject to all outstanding easements , rights-of- way, restrictions and mineral reservations, but together with all permanent improvements situated thereon. Further, Purchaser represents that Purchaser has made an inspection of the property and takes such property in its present physical condition "as is" , without any warranty, as of the date of this contract but with no material detrimental change -- except such as is compensated by insurance proceeds as hereafter discussed -- in such physical condition to occur between the date hereof and the date of delivery of possession hereunder to Purchaser. However, Seller shall convey to Pur- chaser (by special warranty deed of Seller, warranting against ti all adverse claims by, through, and under Seller) good and marketable title to the subject property (free and clear of all liens) at closing. Also, Purchaser is to receive at closing that title insurance policy covering the subject property and hereinafter specified. PURCHASE PRICE : The purchase price shall be $50 , 000. 00 to be paid by Purchaser to Seller in cash at closing. DELIVERY OF POSSESSION OF PREMISES AND PAYMENTS OF INTEREST, AD VALOREM TAXES, INSURANCE AND UTILITIES PENDING CLOSING: Seller shall deliver possession of the premises to Purchaser upon Purchaser' s request therefor and whenever (1) no valid referendum petition has been submitted questioning this transaction (as hereinafter detailed) within the time permitted for the submission thereof or (2) a valid referendum petition is timely submitted but the election held pursuant thereto fails to prevent the appropriation for this transac- tion. Upon such delivery of possession Purchaser shall there- after be responsible for maintenance of the premises , maintaining the insurance coverage thereon, the payment of all utilities for utilities servicing the premises , and the payment of all ad valorem taxes (which ad valorem taxes shall actually be prorated to October 1, 1977) , all as hereinafter set out in detail. Further, Purchaser upon receipt of such possession shall be entitled to utilize the premises for any purposes Purchaser desires and even by making structural changes to any improvements thereon or removing any of the improvements there- from provided any consent necessary from the present mortgage holder is first obtained, which consent shall not be unrea- sonably withheld to the extend that Seller can control such. Seller shall use its best reasonable efforts to obtain any consent from such mortgage holder. Such request by Purchaser for delivery of possession must be made (if the conditions precedent hereinabove set forth have occurred) by at least April 15 , 1978. PRORATION OF AD VALOREM TAXES AND PROVISION FOR TITLE INSURANCE : Seller will have paid by, or contemporaneously with, execution of this contract, all ad valorem taxes , with penal- ties and interest, if any, (as well as any other special assessments) assessed against the subject property for all years up to and including the year 1976. All ad valorem taxes (and any other special assessments) assessed against the subject property for the year 1977 will be prorated to the date of 2 - October 1, 1977. Seller shall pay to Purchaser on date of delivery of possession Seller' s pro rata share of 1977 taxes , penalties and interest, and Purchaser shall be responsible for payment of taxes for 1977 . And, until the time of closing, Purchaser shall be responsible for the timely payment (or other adequate provision for) all such ad valorem taxes and special assessments against the subject property for the year 1978 and all subsequent years. Seller shall furnish to Purchaser within thirty days from the date of this contract a Lawyer' s Title Insurance Corporation or Pioneer National Title Insurance Company owner' s title insurance policy binder with respect to the premises showing the status of the title to the subject property at a time as of the date of this contract. At closing hereof Seller shall deliver (at Seller' s expense) to the Purchaser an owner' s title insurance policy issued by either Lawyer' s Title Insurance Corporation or Pioneer National Title Insur- ance Company in the full amount of the purchase price and insuring merchantable title in Purchaser as to the subject property. PROVISION FOR LIABILITY INSURANCE, MAINTENANCE AND UTILITIES PENDING DELIVERY OF POSSESSION AND PENDING CLOSING: Liability insurance for accidents occurring on the property and in the amounts of at least $1, 000 ,000. 00 for personal injury or death and $100 ,000. 00 property damage shall be maintained from the date of this contract to the date of closing and for the benefit of both parties hereto. Seller shall maintain such liability insurance up until delivery of pos- session of the property and then Purchaser shall maintain such thereafter until time of closing. Such insurance policies shall be maintained with reputable insurance companies , naming both parties hereto as beneficiaries thereof, and the party hereto required to maintain such shall 3 - furnish a copy to the other party hereto (and any mortgage holder involved) . Seller shall pay for all utilities and furnish any maintenance needed for the premises up until the time of delivery of possession of the premises and Purchaser shall fur- nish such thereafter. PROVISIONS RECOGNIZING POSSIBILITY OF REFERENDUM ELECTION AND ALSO FOR DELIVERY OF POSSESSION OF THE PREMISES : Purchaser represents to Seller that any time within thirty days after the execution hereof by Purchaser' s desig- nated representative a referendum petition may be submitted by some of the citizens of Purchaser seeking to prevent this purchase or the appropriation of the funds therefor. Should such an appropriate petition be submitted, then Purchaser will promptly schedule and hold the election therefor. Then, should such election result in the prevention of this purchase (or the appropriation of funds therefor) , Purchaser shall promptly give Seller written notice thereof. And, upon the giving of such notice and the making of that payment required under that other contract entered into by the parties hereto and here- inafter identified, then this contract shall be canceled and neither party shall be any further liable hereunder. Provided further, that if Purchaser has not taken delivery of possession of the premises by April 15 , 1978, then Seller shall have the right to terminate this contract by giving Purchaser written notice of such termination. Upon such termination Purchaser shall pay Seller promptly the sum required by such other contract between the parties and neither party shall be any further liable hereunder to the other. CLOSING: Closing of the transaction shall be held at the offices of a title company or attorney in Wichita Falls , Texas , specified by Seller which shall be after the date of delivery 4 - of possession of the premises but not later than January 15 , 1979 . Seller shall give such notice in writing to Purchaser at least fifteen days prior to the date of such closing. At such closing Seller shall deliver to Purchaser the special warranty deed herein contemplated together with the title policy herein contemplated. Purchaser shall pay to Sel- ler at such closing the purchase price hereinabove provided. In the event that, because of title defects, Seller is unable to furnish a title policy insuring good and marketable title in Purchaser, this contract shall terminate. MISCELLANEOUS MATTERS: Time is of the essence in all matters provided herein and the performance of all covenants contained herein. All covenants hereof are material. Should litigation result hereunder then the prevailing party hereto shall be entitled to recover, in addition to any other relief available at law, a reasonable attorney' s fee for such litigation. The indivi- duals executing for the respective parties hereof do personally warrant that they have authority to do so. This contract and all rights hereunder may not be assigned by Purchaser. All notices allowed or permitted to be sent hereunder to either party hereto shall be sent by certified mail, return receipt requested, with proper postage placed thereon to the following respective addresses (unless either party hereto subsequently gives the other written notice of a change of such address) , to-wit: SELLER: Sikes Center Partnership c/o Centre Properties 180 North LaSalle Street, Suite 3407 Chicago, Illinois 60601 PURCHASER: City of Wichita Falls P. 0. Box 1431 Wichita Falls, Texas 76307 Attention: City Attorney 5 - It is recognized that the same parties hereto have entered into a contract dated this same date for the sale by Seller to Purchaser of Block 195, of the Original Townsite of the City of Wichita Falls, Wichita County, Texas, reference to such contract being hereby made. The parties hereto do agree that should delivery of possession of the subject premises occur, pursuant to the conditions set forth herein, that such other contract entered into by and between the parties shall also be performable by the parties hereto. However, if such delivery of possession herein does not occur and the present contract is terminated as herein provided then such other contract shall also be terminated. This contract is dated this the day of September, 1977 , in duplicate originals , one for each party hereto. SELLER: SIKES CENTER PARTNERSHIP By A Managing General Partner By A Managing General Partner PURCHASER: THE CITY OF WICHITA FALLS By City Manager ATTEST: 6 -