Min 02/07/1978 552
Wichita Falls , Texas
Memorial Auditorium Bldg.
February 7 , 1978
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.
Jerry Mathis Mayor
Hardy McAlister
Fred E. Bassett
Carol Russell Aldermen
Ray Ashbrook
W. E. Ryle
Peggy McCullough
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 Lynn Rhodes, Tenth and Broad Church of Christ.
Item 3
Moved by Alderwoman McCullough that minutes of the meeting held January 17, 1978,
be approved.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Items 4 through 9
Moved by Alderman Bassett that the following items on the consent agenda be
approved.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
ORDINANCE NO. 3284
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF WISCONSIN AVENUE WITHIN
WESTMORELAND PARK ACREAGE SUBDIVISION TO THE CITY OF WICHITA FALLS, TEXAS.
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
,;RESOLUTION NO. 2083
RESOLUTION APPROVING PIPELINE LICENSE WITH MISSOURI-KANSAS-TEXAS RAILROAD
COMPANY FOR SEWER LINE IN RAILROAD RIGHT-OF-WAY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT:
That certain pipeline license, a copy of which is attached hereto, between the
City and Missouri-Kansas-Texas Railroad Company for a sanitary sewer line in the
railroad right-of-way is hereby approved, and the Mayor is authorized to execute same
for the City of Wichita Falls.
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays: None
RESOLUTION NO. 2084
RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR
ELECTRIC DISTRIBUTION LINE AT WEEKS PARK.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain easement, a copy of which is attached hereto, from the City of Wichita
Falls to Texas Electric Service Company, for an electric distribution line on a ten foot
wide strip of land in Weeks Park, is hereby approved and the City Manager is authorized
to execute the same for the City of Wichita Falls.
553
Items 4 through 9, cont'd.
RESOLUTION NO. 2085
RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR
ELECTRIC DISTRIBUTION LINE AT WEEKS PARK.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain easement, a copy of which is attached hereto, from the City of Wichita
Falls to Texas Electric Service Company, for an electric distribution line on a ten
foot wide strip of land in Weeks Park, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None _
, RESOLUTION NO. 2086
RESOLUTION AUTHORIZING CITY MANAGER TO MAKE APPLICATION FOR FEDERAL FUNDS
FOR IMPROVEMENTS IN LIONS PARK AND HAMILTON PARK.
WHEREAS, the City desires to make certain improvements in Hamilton Park, which
will cost $24,575; and,
WHEREAS, matching funds are available through a federal grant for this type of
development.
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 such federal
grant with the Texas Parks and Wildlife Department; the City Manager is further
authorized to execute any necessary documents required to carry out and complete such
grant, including the execution of the grant agreement.
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
The low bid for an annual supply of linen service for various city departments was
awarded to National Linen Service in the amount of $8,712.60.
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
,RESOLUTION NO. 2087
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT FOR JASPER STREET
WATER TREATMENT PLANT WASTE DISPOSAL FACILITIES PROJECT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain Change Order No. 1 to the contract with Power Builders , Inc. , for the
Jasper Street Water Treatment Plant Waste Disposal Facilities project, a copy of which
change order is attached hereto, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
Minutes of the meetings of the following boards and commissions were received.
a. Planning Board - January 11 , 1978
b. Board of Adjustments and Appeals - January 27, 1978
c. Mayor's Commission on Status of Women - January 12, 1978 4
Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
/A public hearing on demolition of hazardous structures was set for t"arch 7, 1978.
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays: None
554
(Item 1Oa
f A public hearing was held on hazardous structures. No one desired to be heard at
this time; however, just before the Council went into executive session at 11 :45, Mr.
Webster appeared regarding his property at 402 Walnut, stating that he is trying to
fix up his house. The City Manager explained that he needed to talk with Mr. McBee to
see if what he is doing will meet code enforcement requirements. If not, he will have
to tear it down. He was referred to Mr. McBee.
ORDINANCE NO. 3285
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 McAlister that Ordinance No. 3285 be passed .
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
Item 10b
A public hearing was held on community development block grant application. Roger
McKinney explained that improvements include street paving on the east side, sodium vapor
lighting, water and sewer improvements, continuation of depot square project, Eastside
Neighborhood Service Center parking lot, health services, park improvements, and demolition
of hazardous structures.
Alderman Ryle inquired if sidewalks are included in our improvements around parks,
as well as to those property owners who are assessed? The City Manager stated that one
reason they have not included sidewalks in target areas is because of the burden on
the property owners in low income areas and low property values. They are proposing
$25,000 to be used for sidewalks in certain areas where they are petitioned. Under this
program the property owners would pay $2.00 per foot and the City would also pay $2.00
instead of the property owner paying the entire $4.00 per foot cost.
Alderman Bassett inquired concerning sodium vapor lights. The City Manager stated
they are much more expensive on a monthly basis if TESCO puts them in. They are less
expensive for us to put them in with CD funds. Mayor Mathis stated that the most
requests voiced in the public hearings was for more lighting in the residential areas.
It was pointed out that they cannot be used in residential areas under this program,
but for arterial streets. Sidewalks were the next most requested item. Street sweepers
were also mentioned in every neighborhood meeting, but this is a low priority item.
Alderwoman Russell requested that publicity be given to the availability of the $25,000
for sidewalks , by petition from property owners.
Earl A. Jackson appeared from the East Lynwood Addition in regard to a structure
in East Lynwood Park. They propose that the land on which this building is placed be
leased to their association. They would like to use this building in their neighborhood
watch program, work opportunities for teenagers , disaster preparedness, and for classes
and programs which would benefit their community.
Bob Carpenter, of North Texas Skills Center, requested $19,000 for parking
facilities for the adult vocational-technical training facility located at the old
Travis School in Sector 2.
Ikard Smith appeared representing the Midtown Now organization, endorsing and
urging the council to accept the allocations presented by the city staff for Sector One.
He stated that they are now independently sound financially, supported by private
contributions of 213 contributors for $226,000.
Dick Webber appeared as Executive Director of Individual Development Center. They
have been functioning from the Opportunity Workshop on Armory Road, but they would like
to move their career guidance program to another area more accessible to those with
whom they work. The Human Resources Center would be ideal for this.
The public hearing was closed. The next public hearing on this subject will be
held on February 21 .
The City Manager commended the East Lynwood Association for putting a package
together, stating that they suggested that the City acquire a building from Sheppard
555
Item 10b, cont'd.
Air Force Base to be used in Lynwood Park. They found that they could obtain two
buildings at no cost. The other building would be placed in Jalonick Park. Their
neighborhood watch program was also cited.
,,;Item 1la
AttorneyBill Gowan v appeared representing Bell Processing dba City Iron and Metal
Company. They would like the council to consider the nature of the business proposed
by the city staff. They feel the figures presented to the council are either not accurate
or not a total cost. This is a multimillion dollar business. The City has started
to enter into competition with City Iron and Metal . He asked that two questions be
considered. First, should the City get into competition with private enterprise?
Second, if we decide that we should, then where do we go next? The criteria is not
whether they are doing a good job. It is a private enterprise. If the council decides
to get into the roll off container system then they should know the entire cost. He
has people who can give them facts and figures on the costs.
Alderman Ryle stated that this subject was brought up at the last meeting, and there
was no input by private industry. Mr. Gowan stated that the action which they took
was such a small part of the cost of the program. The City Manager asked Mr. Gowan how
he feels they are competing with Bell Processing? Mr. Gowan stated that if the city
agrees to haul material for a given company, the truck has to be in operation for a
full day to be financially sound. Other solid waste and roll off container business
will have to be searched out, and in that case they are in competition with Bell Processing.
These investments are being made for a few private contractors, and paid for by the
citizens of Wichita Falls. The City Manager pointed out that the City is charged to
handle commercial and industrial waste, and this system is the most economical way to
provide this service. He feels it is an exaggeration to say that we compete for
accounts. The City is handling many of these accounts now.
Alderwoman McCullough inquired how this particular situation came about? She
confirmed that his client had a contract with PPG that expired on December 31 , and
asked why that contract was not renewed? Mr. Gowan did not know why.
Alderman Ryle stated that his first question was should the city be in competition
with private enterprise? He recognizes that the City has the responsibility for
disposal of garbage for residential customers, but that is different from waste coming
out of these industrial plants.
The Council agreed to a work session to discuss this matter further on Tuesday,
February 14, 1978, at 10:00 A.M.
The City Manager stated that Bell Processing asked to put a program together in
November 1977, and to this date he has not seen one. Alderman Ryle stated that there
is an alternate way. If they can 't get anyone to do it, then they can handle it themselves.
The City Manager stated that the city has obligated themselves to handle disposal of
solid waste.
Alderman Bassett desired rate information. He does not feel the city has any
intention to compete with private enterprise.
Ernest Lillard was directed to furnish cost justification to Bell Processing, and
Bell should furnish their costs to the city so that they can discuss it at the work
session. Mayor Mathis desired that Mr. Brown, from Certainteed, also be present for
this meeting, as well as any other interested parties.
Item 12a
A proposed ordinance was presented prohibiting smoking in certain places during
certain events.
ORDINANCE NO. 3286
ORDINANCE PROHIBITING POSSESSION OF LIGHTED TOBACCO PRODUCTS AND SMOKING OF
TOBACCO IN CERTAIN PUBLIC MEETINGS IN THE CITY.
Moved by Alderman Ashbrook that Ordinance No. 3286 be passed.
Motion seconded by Alderman Ryle.
Alderman McAlister inquired if in the passage of this ordinance, we would run the
risk of violating someone 's civil rights? City Attorney H.P. Hodge stated that he did
not think so. This has been in existence in court rooms for a long time.
556
Item 12a, cont'd.
Lavonne Bell questioned a person's right to smoke and the right of a non-smoker
when the smoking annoys them.
The motion was carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
Planning Director Steve Ondrejas was welcomed back by the Mayor following his
leave of absence.
'Item 13a
A proposed resolution was presented adopting an industrial annexation policy. Roger
McKinney, Acting Director of Planning, explained the policy, stating that the Board of
Commerce and Industry has been provided with a copy of the proposed resolution, and were
aware that it was on the agenda today. Alderman Ryle stated that he appreciates the work
done by the Planning Board , and feels it is fair and equitable to corporations of all sizes.
RESOLUTION NO. 2088
A RESOLUTION ADOPTING AN INDUSTRIAL ANNEXATION POLICY , ESTABLISHING ELIGIBILITY
CRITERIA FOR INDUSTRIES TO CONTRACT WITH THE CITY OF WICHITA FALLS, TEXAS FOR
IMMUNITY FROM ANNEXATION AND PROVIDING FOR CONTRACT TERMS AND CONDITIONS.
WHEREAS, the City of Wichita Falls , Texas in the interest of providing prospective
industries, the Board of Commerce and Industry, and the City' s administrative staff
with definitive guidelines to be used in the Annexation Policies of the City; and ,
WHEREAS, this policy shall be applicable to both defined industrial parks and to
areas outside industrial parks which are susceptible or planned for industrial land uses ; and,
WHEREAS, the Planning Board referred the question of an Industrial Annexation Policy
to the Industrial Annexation Subcommittee for formulation of recommendations; and,
WHEREAS, after conducting a thorough study of this matter, the Industrial Annexation
Subcommittee made its report to the Planning Board which adopted said Subcommittee report
and recommended its adoption by the Board of Aldermen; and
WHEREAS, the Board of Aldermen deems this report to contain an important policy for
future industrial annexation for the City, which requires its immediate attention.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The Industrial Annexation Policy recommended by the Planning Board, a copy of which
is attached hereto, is hereby formally adopted.
Moved by Alderman Bassett that Resolution No. 2088 be passed.
Motion seconded by Alderwoman Russell , and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
Item 13b
A proposed resolution was presented authorizing the City Manager to execute a
cooperative service agreement with Wichita Falls Independent School District. The City
Manager explained that this is an exchange of services for the use of Reagan Junior High
School gymnasiums for police and fire department physical fitness and recreation programs.
In turn for the use of these facilities , the City would provide a maximum of 20 million
gallons of raw water annually to the school for irrigation purposes on their 80 acre
farm near Lake Wichita.
RESOLUTION NO. 2089
RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS INDEPENDENT SCHOOL DISTRICT
CONCERNING USE OF REAGAN JUNIOR HIGH SCHOOL GYMNASIUMS.
557
Item 13b, cont'd.
WHEREAS, the Wichita Falls Independent School District owns a farm located west of
Lake Road and north of the Lake Wichita dam, which is traversed by a raw water transmission
line owned by City; and ,
WHEREAS, the School District desires raw water service for farm irrigation purposes
and the City desires gymnasium facilities for Police and Fire Department physical fitness
programs.
NOW, THEREFORE, 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 and
the Wichita Falls Independent School District concerning an exchange of raw water for
irrigation purposes and the use of Reagan Junior High School gymnasiums for Police and
Fire Department physical fitness programs, is hereby approved, and the Mayor is hereby
authorized to execute the same for the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 2089 be passed.
Motion seconded by Alderwoman Russell , and carried by the following vote:
Ayes : Aldermen McAlister, Bassett, Ashbrook, Ryle, Alderwomen Russell and McCullough
Nays : None
Item 14a
A proposed resolution was presented awarding the bid for concession operations `
at Hamilton and TESCO Parks.
RESOLUTION NO. 2090
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR CONCESSION OPERATIONS
AT HAMILTON PARK AND TESCO PARK.
WHEREAS, sealed bids were taken for concession operations at Hamilton Park and
TESCO Park; and,
WHEREAS, Richard Downing bid nineteen and one-half percent of gross sales for
concession rights at Hamilton Park and ten percent of gross sales for concession rights
at TESCO Park, and these bids were the highest and best bids received for such concession
rights.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Such bids of Richard Downing for concession rights at Hamilton Park and TESCO
Park are hereby accepted, and the City Manager is authorized to execute contracts with
him for concession rights at such parks during the 1978 season.
Moved by Alderman Ryle that Resolution No. 2090 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Bassett, Ryle, and Alderwomen Russell and McCullough
Nays: None (Alderman Ashbrook was out of the room. )
Identical bids were submitted by Richard Downing and Frank R. Vinson for concession
operation at Scotland Park. Lots were cast, and Mr. Vinson won.
1. RESOLUTION NO. 2091
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONCESSION OPERATION AT
SCOTLAND PARK.
WHEREAS, sealed bids were taken for concession operations at Scotland Park; and,
WHEREAS, Richard Downing and Frank R. Vinson each bid twenty-one percent of the
gross sales for concession rights at such park, and it was decided to resolve the tie
bid by casting of lots; and,
WHEREAS, the casting of lots was won by Frank R. Vinson.
558
Item 14a, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
The bid of Frank R. Vinson for concession rights at Scotland Park is hereby
accepted, and the City Manager is authorized to execute with him a contract for the
concession rights at such park during the 1978 season.
Moved by Alderwoman Russell that Resolution No. 2091 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes: Aldermen McAlister, Bassett, Ryle, and Alderwomen Russell and McCullough
Nays : None (Alderman Ashbrook was out of the room. )
Item 14b
Discussion was held on award of bids for construction of the Farmers Market.
v Mrs. Robin King appeared representing the Heritage Society. They recommended that
the contract not be awarded now. They have a second design which she showed to the
Council . The cost of the first design was $210,000. She requested additional brick
work in the amount of $15,000, plus extension of stalls in the amount of $75,000. A
covered area in the second design affords an opportunity to also use it for other
activities.
Bill Buchanan, who submitted the low bid, stated that the cost of brick paving
was included in his bid of $210,000, and that the original project had a preliminary
estimate of $265,000.
Roy Parish asked the Council to call an election on April 1 for the people to vote
on this project. The Council showed no inclination to do this. Mayor Mathis stated
that surveys taken support this projectpercent.
Moved by Alderman Ryle that the bids on the farmers market be rejected, and that
we re-advertise for bids for demolition and clearing, and another contract for erection
✓ of the farmers market.
Motion seconded by Alderman McAlister, and carried unanimously.
Moved by Alderman Bassett that we set a maximum ceiling of $300,000 as the amount
we are willing to spend on this project.
Motion set by Alderwoman McCullough, and carried unanimously.
The City Manager stated that community development funds cannot be used in
construction of the farmers market, but can be used for demolition. We have $210,000
now, but we do not have $300,000. Other revenue sharing funds will be available in
September.
Mrs. King requested that the asphalt be bladed off the bricks from Ohio Street to
the railroad tracks. Ernest Lillard will schedule it when weather permits .
Item 14c
Bids were considered on traffic signal control equipment to be utilized on the
Midwestern Parkway-Call Field project. The cable could not be purchased in the exact
quantities dmight nwottbeuneeded. Itewas1recommended1thatfthe cablembids,bee vrejectedr,
that amount might
and re-advertised.
Moved by Alderman McAlister that the bids be awarded as follows, and that the
bids on cable be rejected and authority granted to readvertise.
a. 2 controllers and 15 detectors - Trans-Tronics , Inc. ; $12,980.00.
b. 24 traffic signal assemblies (alternate - Poly-Carbonate) ; $5,220.00
c. 8 traffic signal poles (anchor base) ; $8,160.00
d. 4 pedestrian pushbuttons; $40.00
Motion seconded by Alderwoman Russell , and carried unanimously.
559
Item 15a
Moved by Alderman Ryle that discussion of rates for the roll off container system
be postponed until after the work session.
Motion seconded by Alderwoman Russell , and carried unanimously.
Item 15b
area. Discussion was held on establishing priorities for land acquisition in the midtown
Moved by Alderman McAlister that we establish the human resource center as the
first priority.
Motion seconded by Alderman Ryle.
Ikard Smith and Joe Meissner spoke in favor of this priority.
The motion was carried unanimously.
Alderman Bassett noted that Mental Health Mental Retardation owes the City $12,500,
and he moved that this amount be forgiven.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Bassett, Ashbrook, and Alderwoman Russell .
Nays : Alderman Ryle and Alderwoman McCullough
,,Item 15c
Discussion was held on organization of Wichita Falls Arts Commission. Alderwoman
McCullough wondered if Midwestern State University should have more representation
because they have three forms of art. Alderman Ryle questioned that the museum and
art center should be represented because we are supporting them in another way. The
City Manager explained that he would like to have all the arts and cultural agencies
in the city represented on the commission just for coordination purposes. The Commission
will be composed of nine agency members and eight community members , as follows:
a. Wichita Falls Art Association
b. Wichita Falls Symphony Association
C. Wichita Falls Ballet Association
d. Wichita Falls Museum and Art Center
e. Wichita County Heritage Society
f. Backdoor Theatre
g. Broadway Theatre League
h. Midwestern State University
i . Civic Chorus of Wichita Falls
j . Financial and service institutions
k. Service and manufacturing industries
I . News media
m. Foundations
n. Professional groups
o. Public-at-large
Moved by Alderman Ryle that the City Manager be authorized to implement the Arts
Commission.
Motion seconded by Alderwoman McCullough.
Alderwoman Russell feels very strongly that voting of the members should be left
in lay volunteer workers , and not paid board members. Alderman Bassett feels that the
boards should be able to choose who they want to represent them.
The motion was carried by the following vote:
Ayes: Aldermen McAlister, Ashbrook, Ryle, and Alderwomen Russell and McCullough
Nays: Alderman Bassett
560
Item 15d
The following appointments were made to the Museum and Art Center Board of
Trustees and the Mental Health Mental Retardation Public Responsibility Committee.
Moved by Alderman Bassett that the appointment of Dr. Richard Sutton to the
executive committee of the Museum and Art Center Board of Trustees for a term to
expire September 30, 1979, and the appointment of Roger Sanford for a term to expire
September 30, 1978, be approved.
Motion seconded by Alderwoman McCullough, and carried unanimously.
,, Moved by Alderman McAlister that the following appointments to the Mental Health
Mental Retardation Public Responsibility Committee be approved.
a. Mrs. Sue Crosnoe
b. Mrs. Margaret Darden
c. Dr. Mark Huff
d. Mrs. Margie Johns
e. Dr. Joseph J. McGraw
f. Mrs. Virginia Crawford
g. Dr. Walter Speakman
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 15e
An executive session was held at 11 :45 A.M. on the status of a federal case
involving Rivera et al vs. City of Wichita Falls.
Item 15g
Before the Council went into executive session, other business was discussed.
Alderwoman Russell again inquired into the status of their inquiry to the highway
department regarding the use of the median on Kell . Bill Hursh stated that they have
asked to see a plan. The City Manager estimated a month before anything concrete is
ready.
Alderwoman Russell inquired concerning the ordinance on solicitation. The City
Attorney stated that he expected to have something prepared in March.
Alderman Bassett inquired what could be done about the museum lake? It was
pointed out that it is private property. All the City can do is furnish information
requested.
Alderman Ashbrook stated that he had been getting calls concerning the release
of water into Lake Wichita from Lake Kemp. Joe Smith, Director of Public Utilities,
stated that no water has been released for six or eight years. Neither the City nor
the Water District has let any water in. The Water District has not had a request for
irrigation since November. Alderman Ashbrook inquired if we are letting water out of
Lake Wichita. The City Manager explained that we are letting it out in Holliday Creek
for irrigation purposes , but none has been through the channel to Texas Electric's
plant for six months. It was pointed out that Lakeside City residents requested water
from Lake Kemp to maintain the water level of Lake Wichita.
' Alderman Ryle stated that he does not feel we are ready for a show like Oh Calcutta
l
to be staged here in Memorial Auditorium.
Joe Robertson, President of International Art Association, recommended that the
Arts Commission be given the capacity to handle the funds , and also lay out laws to
regulate what is shown in our city.
The president of Morality and Media appeared in opposition to pornography, and
distributed copies of a proposed model statute.
The City Manager noted that the Board of Aldermen had given no policy guidelines
to the Auditorium Manager on what shows to book.
561
Item 15g, cont'd.
Alderman Ryle mentioned the possibility of having the Arts Commission study what
is shown on cable TV and the stage, also.
Curtis Smith stated that he feels the Council has the responsibility of seeing
that something of value is left in the city, and he does not believe that Oh Calcutta
would do that.
City Attorney H. P. Hodge stated that there are some legal limitations on what
a governing body can do about someone using public buildings.
Mayor Mathis noted correspondence from a citizen regarding door to door salesmen,
and also a letter from Mr. Horany concerning chloride content of water. Alderman
McAlister requested direct input into the solicitation ordinance from law enforcement
agencies which are charged with control and enforcement of these laws.
The Board of Aldermen returned from executive session at 12:50 P.M. Mayor Mathis
announced that they had been briefed by Attorney Lonny Morrison on the present status
of the case.
Item 15f
The meeting was recessed until 2:00 P.M. , following which Mayor Mathis opened the
bids on cable TV. Five bids were received as follows.
a. Century Community Cablevision Corporation
b. Storer Cable TV of Texas , Inc.
c. American Television Communications Corporation
d. Communications Properties , Inc.
e. Wire, Inc.
Moved by Alderman Bassett that we forward the necessary copies of the bid
proposals to the consultant for their review.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Mayor Mathis announced that at some meeting in March the bidders would be given
an opportunity to make comments.
The Board of Aldermen adjourned at 2:15 P.M.
i
PASSED AND APPROVED thisl�ay of , 1978.
MAYOR
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to rnt, -it, handnzid by T� as E p�.
lectric s _
,_ke compv have &Za- sold and conve,,cd ai�d `-y these pr�-seiits -do grant,.so]'
convey unto th,? said C "'hcmpany, an en�;urnent of ri� ,of-way L,_- an electric di:Arib�A'ion consisting, o,.' variable numbers of
wires, and aK necessar-,, or desirable aupuiltenancos ,including; poles made oj wood,I r41(;Z_11 or other ' telephone and
telegraph -,,6rc, props, gvys and anchorages), at or nez-, the .l location and alon� the general. course now located and staked )at
1
b aaid Company, along, over, under,., nder, across and uPxi the fellowing described lands located in_._........_-W.i.chit a-..................
Runty, Texas, 'w wit: ...............
Being described as Weeks Park of the City of Wichita Falls , >.,Tich ita County ,
Texas .
The centerline of the ten-foot wide easement herein granted is described as
follows :
BEGINNING at a point in the East Right-of-Way line of Weeks Par.k Lane ,
said
-
point being 535 feet East and 195 feet South of
the point of intersection
of the North Right of-Way line of Weeks Park Lane and the East Pight-of-Way
line of Midwestern Parkway :
THENCE South 720 East 2-1-0 feet to turning point Number One;
THENCE North 210 East 35 feet to a point .
BEGINNING again at said turning point Number One;
THENCE South 680 East 185 feet to turning point Num!D� i_ Two;
THENCE South 680 East 35 feet,,to a point.
BEGINNING again at said turning point Number Two;
THENCE North 560 East 143 feet to a point. '
Grantor recognizes that the general course of said line, as t�bove desc ri'Lod, is based upon preliminary surveys only, and
hereby agrees that the �,ascment hereby granted shall apply to the actual location of s id 1:-LL whcn ronstructed.
Tod ethi,r -with the right of ink osq and egress over my adj,,Cont lands to or from said light-ofx, y for the purpose of
inspecting. maintaining, ectnstrivting and -.-amoving said line and ZpPurtenUTIU—,; the right to re_-';Ocate along the sarne, gf,rioral
direction of say 6 lines; the right to relocate uaid line in the same relative _00Sft'.0n W any �CljLN nt roar] if and as such ro,,,d is
widened in the future; the right to lease pole rpaeo for the PUrj�OSC'Of permitting others to string wiro or other df.-.'rable appur-
tcnances on, said lin6; the right to preve.-:11 thic construction of, for a dLstnLnc6 of 5 feet or, each side of tl. actual center of said
line, any or all buildings, structures or other obat-uction.z which, in.the sole jj,,jgr1enL of tlhe CompFrl�v, n ay endanger or intc
fore with the nfflcic,ncy. safety, and/or convenient oi)erLtion of said line and As appu;-iknamos; an,- t-ht? right totrill: or cut
, , , ,
dwwn trees or shu�bt�ry within but not I:mited to sai�ll 10-foot Gpace to the extent, in the sin<e judninent of rho Company, as
may 1,o necessary to prevent possible interference with the operation of said line or to ri?n-ovo pushible hazard thereto.
TO TIAVE AND TO IfOLD the above described easement and right., unto the Said Company, its successors and assigns, until
said line shall be abandoned.
And I do hereby bind myself, my heirs and legal representatives, to ;warrant and forevar def-,md --.1 i
aril singular the above
described easement and rights unto theCompany,;;aid Co any, its successors and asslig-ns, against every percon w hrjrsj��uever lawfully
claiming or to claim tho same or any part thereo:r
X; ,
WITNESS .......... ....... .............. ....... Z-�_'.. day of ................ ...... ...........................
Company Agent or THE CITY OF WICHITA FALLS
Employee Securin'g Easement- LILT ..........................................
ATTEST :
.............................................
-----------------------BY Gerald i o City la rLa.........er..........................
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THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersia led, a Notary 'Public in and for said County and St-te, en this day personally appeared
kno,vn to me to be the person whose name subscribed to.tha forey;oin instrument, and acknowledged to
me that he executed the'same -for the purposes and consideration thoreitz expressed.
GIVEN UNDE1: MY HAND AND SEAL OF OFFIC this the day of A. D. 19
Notary Public in and for County, Texas.
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said Cowity and Slate, on this day personally appeared
Down to me to be the person whose name subscribed to the foregoing iEistrurnent, and acknowledged to
me that he executed tI:e same for the purposes and consideration therein oxpressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICL this the day of A. D. 19
Notary Public in and. for County, Tex-as.
THE STATE OF TE-XAS
COUNTY of WI CH ITA
BEFORE ME, the uncles:igned, a Notary Public in and for said County and Stale, on this day personally appeared
Gerald -Fox, City Manager , k nos4m to -ua to be the person, and officer
whose name is.subscribr,d to the foregoing instrument and acknowledged to me that the same was the act of the said
THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION
;xx=oMi x, and that he executed the same as the act of such co—poration for t1w purposes and consideration therein
expressed, and inz the capacity therein stated.
GIV --'N UNDER i,TY BAND AND SEAL OF OFFICE this the Sth1 l.y of Febru ry A. D. 1978
Notary ?}aplie in and fo' ryf j_c' �a County, Texan.
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THE STAfz OF TEXAS 'wi. CI t�:T nLL i:i - i�Cf BY ��E r.���L 1 1�t �.1Y r1�
S•
COUNTY OF ------ WTZ CIS I TA---------- ------�
That THE CITY OF WICHITA FALLS ,. A MUNICIPAL CORPORATION, ACTING HERE,IN
BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
(heri;in referred to lit thu singular, whether one or mor;�i of...... T'�?.Ch? [ cx..............__County? Texas, for and in consideration
of..QNU '.......-. ....-.....-.............-............-.........I—.._..._........`—.......y":.-....`.-- Dollars
to me in hared paid by Texas lllectric Service Comp,n-- lmve gra -d, sold and conveyed and .y these pre:,-rts do ;rant, scli and
convey. mto the said C.,nipanv, an easerlent of right-of-way for ;":r; c;lectric ai tribut-ran iine-, consistint; of varirab4, numbers of
wir,•s, and all ri(7cessar., or" GesirZt.:e :,ppurtenancr (includirt I,nius egad I o£ wood, metal or other materials, tclephonf and
telegraph wire, props, guys and :anchorage,), at or near &le ioc::.+ion and alt,ng the pen ral cu.rrsa now located and staked out
byy said Company, along, over, under, across and upon the iollc} .ing da:;c:ri'ued lands located in---.---.--.. � .G 11-i-c-••„„„_,•---•-
Runty, Texas, to wit:
Being described as Weeks Park of the City of Wichita Falls , �,,7ichita County,
Texas .
The centerline of the ten-foot wide easerttent herein granted is described as
follows :
BEGINNING at a paint in the East Right--of-Way line o-ff Midwestern Parkway,
said point being 588 feet North 300 East of -the point of intersection of
the East Right-of-Way line of Midwestern Parkway and the Nor-�:.h Right-of-
Way line of Weeks Park Lane;
THENCE South 720 East 460 feet to a point.
Grantor recognizes that the general course of said line, a, above desc:rit•ed, is Lased upon preliminary surveys only, and
herei)y agrees that the casement hereby granted shall apply to the actual location of said line Nvhon constructed.
Top;ether with the right of ingress and egress over my adjacent. lands to or from said right-of-way for the purpose of
inspecting. maintaining, constructing and removing said line and appurtennrces; the ri+girt to relocate along the same general
direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is
tvidenod in the future; the right to polc space for the purpose t;E ;itting Others to trip=; t�•irc or other desirable appur-
tenances on said line; the right to prevent the construction of, for a dirt irce. of 5 feet on .such side of the actual center of s id
line, :any or till lb.;ildings, strilctures or other obstructions which, in the s,,l,_ ii 1p,;ment of iiie �;air"p n:, rnta, endanger or inter-
fere with the efficiency, ;afety, a nd1 ,r conviinient onc-ration of ,aid lit:, a siu its appurtOTIMW s; arFd �iic nght to trim or cut
down trees or shubbery within, but not limited to, sicd 10-rout t.;pare, to the extent, in th:: sr,,c judgm-rent of the Company, as
may b4 necessary to preterit possible interference with the o_reration of sa:d line or to ,einlavc possible hazarf° thereto.
TO IJAV', AND TO HOLD the :allove described casement and rights unto the said Company, its successors and assigns, until
said line shall be abandoned.
And I do hereby bimi myself, my heirs and legal re pros o'n7:a es, t,, warrant and forev,2r dcfenc• ii and ,;ngular the above
described easement and rights unto the ai said Gold iy, its succesSrars and a:;signs, ag'air'_�it "every pers,;n whomSo#'ver lawfully
claiming* or to claim the same or anY part thereof.
WITNESS ..........��'...(..::.',...............hand this........ %'�
u..y of ..........r:.::...............:.... .._........._...._............, 'L9........;
Core :any Agent Or
THE CITY OF WICHITA ALLS , A
�IJ�LLCL?'AL..; (�R?.C�. ti . .Q14...............................................
Ernpoyc c Securing Easement: ATTEST :
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THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in a;irl for said County and State, on this day personally appeared
knowm to nie to be the person whose narno subscribed to "-ho foro�,,'L)ing instrument, tend aclmowledged, to
me that lie executed Lhe came for the Purposes and, consideration there'TI
GIVEN UNDER IMY HAND A',�,D SEAL OF OriFICE tri-, the day o-" A. D. 19
NotzxT Pulalle in ao.0 For County,'Texas.
THE ST, T-E OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public iii and for said County and State, on this,day personally appeared
hmown to me to be the person whose name 2ubscribed 4-o tho foregoing instrument, and acknowledged to
me that be executed the same for the purposes and consideration therein expressed.
GIVEN UNDER I-EY HAND AIND SEAL OF OFFICE this the day of A. D. 19
Notary Public in and for County, Texns.
THE STATE OF TEXAS
COUNTY OF WICHITA
BEFORE 1JE, the undersigned, a Notary Public in and for siaid. County and State, on this day personally appeared
Geraid .Fox, I City Manca 'P-r , knowm to Ine to be the person and officer
whose name. L3 subscribed to the foregoing instrument and rowledged to me that the swnla vas Cie act of the said
THE CITY OF WICHITA FALLS , A MUNICIPAL COPPORATION
aMZ7=-kg and that lie executed the same as the act of such corporation for the purposes and consideration therein
cxpre,ised,, and in the capacity therein stated.
Gi—VZ'N U-NDE.,Z A IIAND AND SEAL OF OFFIC',, this the 8th day of February
A. D, 1a 78
_W1 CEEt a
Notaxy -Publ4c `9 aTad County, TexL3.
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INDUSTRIAL ANNEXATION POLICY
CITY OF WICHITA FALLS, TEXAS
This Industrial. Annexation Policy is formally adopted by the Board of Aldermen
in the interest of providing prospective industries, the Board of Commerce and
Industry and the City Administrative Staff with definitive guidelines to be
used in the Annexation Policies of the City. This Policy shall be applicable
to both defined industrial parks and to areas outside industrial parks which
are susceptible or planned for industrial land uses.
The Standard Industrial Classification (SIC) code shall be used to classify
industries. Only economic activities with the SIC code 2 and 3, Manufacturing,
shall be eligible to be considered as qualified industries.
This Policy shall apply to any new industry of a desirable type that will
create new employment, that will benefit the local economy, that does not
locate adjacent to Wichita Falls in order to primarily serve the Wichita Falls
trade area and that desires to build an industry on a tract of land adjacent
or in close proximity to, but not in the City of Wichita Falls. This policy
is to secure new industries which have a freedom of choice as to location and
not to encourage an existing industry within the City to request special con-
sideration through a contract simply because they must expand due to normal
growth. In addition, this Policy shall not apply to any industry locating in
the vicinity of Wichita Falls by reason of its own convenience and necessity
in order to serve Wichita Falls and its trade area. To do so would jeopardize
the position of competitive industries already located in and paying taxes in
the City of Wichita Falls.
Industries locating outside of the city limits of Wichita Falls utilizing
the City's water and/or sewer utility facilities shall be annexed to the city
limits of Wichita Falls within the calendar year immediately after the calendar
year of their beginning industrial operations within their plant. Or, prior
to beginning construction of their plant facilities or occupying existing
facilities, an industry may make application to the Board of Aldermen for a
formal contract with the City of Wichita Falls under one of the two following
conditions:
1. The City of Wichita Falls guarantees the continuation of the extra-
territorial status of the industryes tract of land., and its immunity from
annexation by the City for a period of five (5) years beginning with the
January 1st immediately following the execution of the contract. In
addition, the City agrees to furnish an industry that it enters into a formal
five (5) year contract the following:
a) Water service to the industryes tract of land at rates equal to 200%
of the rates charged to users located within the city limits throughout
the terms of the contract.
b) Sanitary sewer service to the industryes tract of land at rates equal
to 200% of the rates charged to users located within the city limits
throughout the term of the contract.
c) Solid waste collection and removal service to the industryes tract
of land at rates equal to 150% of the rates charged to commercial and
business establishments within the city limits throughout the term of
the contract.
2. The City of Wichita Falls guarantees the continuation of the extra-
territorial' status of the industry's tract of land and its immunity from
annexation by the City for a period of seven (7) years beginning with the
January 1st immediately following the execution of the contract, and the
industry will pay to the City each year during the seven (7) years of the
contract, as payment in lieu of taxes, an amount in cash equal to 25% of
that amount that their normal City taxes would have been that year had they
been in the city limits. In addition, the City agrees to furnish an industry
that it enters into a formal seven (7) year contract the following:
a) Water service to the industry's tract of land at rates equal to 150%
of the rates charged to users located within the city limits throughout
the terms of the contract.
b) Sanitary sewer service to the industry's tract of land at rates
equal to 150% of the rates charged to users located within the city
limits throughout the term of the contract.
c) Solid waste collection and removal service to the industry's tract
of land at rates equal to 125% of the rates charged to commercial and
business establishments within the city limits throughout the term of
the contract.
Industries not utilizing water and/or sewer utility services of the City but
located within the logical growth pattern areas of the City or on the fringes
of the city limits shall be annexed to the city limits of Wichita Falls at such
time as the logical step by step annexation program would encompass this area.
Presented to the Planning Board by the Industrial Annexation Subcommittee.
January 16, 1978
61/ Jean Puckett, Chairman Date
12-r�W"L�Al�:11�11 �
Buddy Iles Member
H. M. Garrett, Jr. , Member
ti
AGREEMENT
This Agreement entered into this day of 1978
between the City of Wichita Falls, hereinafter called "City" and the Wichita Falls
Independent School District, hereinafter called "School" is to formalize an Exchange
of Services between the two bodies.
WITNESS
Whereas, the School has owners:lip of a farm located to the west of Lake
Road and to the north of Lake Wichita Dam; and
Whereas, the City has a raw water transmission line traversing this
property; and
Whereas, the School owns two gymnasium facilities located at Reagan
Junior High School; and,
Whereas, the School desires raw water service for farm irrigation pur-
poses, and the City desires a facility for Police and Fire Department physical fitness
programs.
RESOLVE
The City will allow its raw water pipeline to be tapped by the School at
the School's expense and under the supervision of the City. The School will also
install a meter at its expense; and.
The School will be allowed to consume 20 million gallons annually at no
cost for farm irrigation purposes. All usage over the 20 million gallons annually will
be billed at the rate of $0.20 per 1,000 gallons, except that this rate may be changed
from time to time as the domestic water rates of the City change. Water usage may
also be reduced or restricted in times of emergencies as determined by the City; and
The School will involve the City Fire and Police Chiefs in preparing sche-
dules for use of Reagan gyms for physical fitness and recreation programs. There
will be no cost imposed for the use of these gyms by the School; and
This agreement may be terminated by either party with ninety (90) days
written notice to the other party. If irrigation water is then continued to be used
by the School, it shall be billed at the established rate at that time per 1, 000 gallons.
If School gyms are continued to be used by the City, an agreed upon usage fee shall
be established.
CITY OF WICHITA FALLS
CITY MANAGER
ATTEST:
CITY CLERK
IA7ICHITA FALLS INDEPENDENT SCHOOL
DISTRICT
PRESIDENT
ATTEST:
1 Form 179
Rev 1/77 0;2
PIPE LINE LICENSE
THIS AGREEMENT No. made this 23rd day of January 19_78_.
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
Thin ITY OF WICHITA FALIS, TEXAS}
hereinafter called "Licensee
W ITNESSETH:
ARTICLE I.
1. Term:This agreement shall take effect the date hereof,and unless sooner terminated as provided herein,shall continue
in force so long as used for the purpose herein set Out until terminated by either party
giving the other party not less than thirty(30)days'advance notice 7-7 writing of an intention to terminate the same,the agreement
to terminate upon the expiration of such notice.
2. Consideration and Description: In consideration of A ONE-TIME CONSTD RATION of S X HUNDRED
AND NO/100 ------------------------------------------------------ (g 600.00 ) DOLLARS
receipt of which is hereby acknowledged,and of the covenants of Licensee as hereinafter set forth,Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by hors method,
One pipe lines(s) encased in a carrier pipe not exceeding six ( 6 inches in diameter, to be
used for carrying water
across or
along Licensor's property at or near Wichita Falls in the County of Wichita and State
of Texas . For convenience, the said pipe line is hereinafter referred to as"Crossing". The location of said
Crossing is more particularly described as follows:
Said six (6") inch p.v.c. force main enters said Railroad
Company's Westerly main track right of way line at a point that
is distant 19 feet measured Northerly at right angles from the
centerline of Bacon Switch Road at an angle of 45 degrees, more
or less, measured to the right, Northeasterly from said Westerly
right of way line;
Thence continuing Northeasterly a distance of 30 feet, more
or less, to a point that is distant 30 feet measured Westerly at
right angles from the centerline of said main track;
Thence Northwesterly parallel with and distant 30 feet West-
erly from said main track a distance of 228 feet, more or less,
to an angle point;
Thence deflecting an angle of 45 degrees, more or less, to
the left, Westerly, a distance of 30 feet, more or less to the
point of leaving said Railroad Company's right of way.
All as shown on Licensor's Print of Drawing No. A-30,026,
dated January 12, 1978, Office of Chief Engineer, Denison, Texas,
attached hereto and made a part hereof.
ARTICLE IL
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and with
material satisfactory to Licensor's Chief Engineer,with its top at least five and one-half(5�/2)feet beneath the base of the rail under
the track,and at least three(3)feet below the surface of the ground elsewhere,so it will not interfere with the safe operation of said
railroad or cause damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad
track, and for at least twenty-five (25) feet on each side of the center line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor,so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof,howsoever such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of,and shall protect,indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property,including livestock killed or injured,resulting from
or incident to the construction,maintenance,use,operation,relocation,reconstruction or existence of said Crossing on Licensor's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether OHMA iftjUff,
'—;AMR employees or. other-wise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way,from all claims,demands,suits or actions growing out of any such loss,injury or demands,including
investigation costs, court costs,and attorneys'fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend,settle,and/or otherwise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims,demands,or suits,it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licenser's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver:To waive all right to question the validity of this License or any of the terms or provisions hereof,or the right
or power of Licensor to execute and enforce the same.
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner,and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing,or any part thereof,or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
or operation of Licensor's railroad, or any of its present or future appurtenances,or telegraph,telephone,signal or other lines on
Licensor's right of way,and in the event it is found necessary for Licensor to use its entire right of way,or any portion of it occupied
by the Crossing,licensee shall at its sole expense,and within thirty(30)days after notice so to do,(or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) if Licensee shall fail to perform any of' its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing oras to the protection of wires from electrical interference on Licensor's property orto make
any necessary repairs, or to relocate said Crossing,then Licensor may cause such condition to be made safe,or change of location
to be made,or repairs to be made, or Crossing to be removed from Licenser's property, Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten(10)days'advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep anv of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities,if any,of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of
Article 1, or Paragraph 2 or 4 of Article III,or otherwise, Licensee shall promptly remove said Crossing from Licensor's right of
way,and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the
expense therefor to the licensee on the basis provided in Paragraph @(b) of Article 111.
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4. Miscellaneous:(a)This License and all of the provisions herein contained shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any
name changes.Licensee agrees not to assign this License or any interest therein,without the consent of Licensor in writing,and any
and every such attempted assignment without such prior wr tr en consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental,if any,herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty(30)days'written notice.Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e)No oral promises,oral agreements,or oral warranties shall be deemed a part of this License,nor shall any alteration,
amendment,supplement,or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By
Vice-President
The CITY OF WICHITA FALLS, TEXAS
By
Title Mayor
Address: post Office Box 1431
Wichita Falls, Texas 76307
� _e: T-18142