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Min 11/02/1999 (2) RESOLUTION WHEREAS, the League of United Latin American Citizens#4604 and the Wichita Falls Mexican American Democrats share a common belief that Lt. Manuel Borrego is an oustanding Hispanic police officer and community leader with an established,honorable service record, and WHEREAS,the League of United Latin American Citizens#4604 and Wichita Falls Mexican American Democrats and their respective state-wide organizations have taken an interest in the demotion of Lt.Borrego, and WHEREAS,the League of United Latin American Citizens#4604 and Wichita Falls Mexican American Democrats have become aware of questionable circumstances surrounding the demotion of Lt. Borrego and strongly believe said circumstances and reasons given by Lt. Borrego's superiors for the demotion to be without merit, and WHEREAS, the League of United Latin American Citizens#4604 and Wichita Falls Mexican American Democrats believe that there is sufficient evidence indicating that the demotion of Lt. Borrego was unfair and unjust and wrongfully denied Lt.Borrego the opportunity and right to apply and be considered for the position of Chief of Police for the City of Wichita Falls,Texas, and WHEREAS,the League of United Latin American Citizens#4604 and Wichita Falls Mexican American Democrats feel that there is sufficient justification to bring forth an investigation, conducted by proper authorities, into the demotion of Lt.Borrego and any wrongful conduct by those responsible for his demotion, and WHEREAS,the League of United Latin American Citizens#4604 and Wichita Falls Mexican American Democrats believe that the proper and just remedy for any wrong done to Lt.Borego would be to reopen the selection process for the position of Police Chief for the City of Wichita Falls. NOW,THEREFORE,BE IT RESOLVED that the League of United Latin American Citizens #4604 and Wichita Falls Mexican American Democrats respectfully request that the City Council of the City of Wichita Falls, Texas order that the selection process for the position of Chief of Police for the City of Wichita Falls,Texas be immediately reopened and that Lt.Manuel Borrego be given a fair opportunity to apply and be declared a viable candidate for said position. BE IT FURTHER RESOLVED that the League of United Latin American Citizens#4604 and Wichita Falls Mexican American Democrats respectfully request that an immediate investigation be conducted,at the direction of the City Council of the City of Wichita Falls, Texas, to deal with any wrongful conduct of those responsible for the demotion of Lt.Borrego and that upon finding of wrongful conduct being confirmed,those persons responsible for said wrongful conduct be appropriately punished and disciplined. IN WITNESS WHEREOF,we have hereunto set our hands this ;1. day of November, 1999. LEAGUE OF UNITED L{ACTIN AMERICAN CITIZENS#4604 By: I k t.(, Miriam Mas,Chair WICHITA FALLS MEXICAN AMERICAN DEMOCRATS: i James Armendarez, Chair .. EXHIBIT "A" City Council Meeting 11-16-99 CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 LAKE KEMP CABIN POSITION PAPER NOVEMBER 11, 1999 In September, 1967, the City of Wichita Falls and Wichita County Water Improvement District #2 (Owners) entered into a contract with the United States Corps of Engineers (Federal Government) to reconstruct the Lake Kemp dam and spillway. The purpose of the project was to ensure that Lake Kemp could continue to function as a recreational and flood control facility in a safe manner. The Federal Government paid for approximately 77.3% of the cost and the Owners paid the balance via a low cost loan from the Federal Government over a 50-year term. A provision of the contract between the Federal Government and the Owners called for the removal of all cabins which might be subject to flooding. The contract between the Federal Government and the Owners was amended in November, 1972, which required cabins below elevation 1147.0 to be removed by January 1, 1973; below elevation 1150.0 by January 1, 1978; and below 1159.0 by January 1, 2000. Additionally, the Owners were required to obtain a flowage easement below elevation 1163.0. The Owners then entered into a contract with the W.T. Waggoner Estate with the intent to accomplish the above actions. In this contract, the W.T. Waggoner Estate granted a flowage easement over all lands below elevation 1163.0; agreed not to extend or renew any leases below elevation 1150.0 after January 1, 1978; agreed not to extend or renew any leases below elevation 1159.0 beyond January 1, 2000; and agreed to obtain a release from all lessees from flooding damage. Additionally, the W.T. Waggoner Estate agreed not to permit the construction of any type of new habitable structure with a first floor elevation below 1159.0 and agreed that habitable structures below elevation 1159.0 with leases extending beyond January 1, 2000 would be removed or required to be removed. The W.T. Waggoner Estate further agreed that a structure left on a tract for a period of 30 days after the lease has lapsed for any reason or has been terminated (emphasis added) is considered to be abandoned. The W.T. City Council Meeting EXHIBIT "B" 11-16-99 Waggoner was paid $350,000 by the Owners in 1972 (present value of approximately $1,372,000 if compounded by 5%) in consideration of the 1972 contract. Based on the terms of the respective contracts, minutes of Owners meetings and related correspondence, the memory of participants, and the application of applicable statutes, it is the City of Wichita Falls and the Wichita County Water Improvement District #2 position that: a) The W.T. Waggoner Estate and the Owners agreed that all cabins with a first floor elevation below 1159.0 would be removed by January 1, 2000. b) The W.T. Waggoner Estate was adequately compensated for loss of revenue and flowage easements by the Owners in 1972. c) The intent of the 1972 contracts was for the value of the cabins to be amortized over the time period between 1972 and January 1. 2000. This intent was the reason for the 1972 Amendment to the contract between the Federal Government and the Owners which was made with the knowledge and concurrence of the W.T. Waggoner Estate. d) Public Law 91-646 (Uniform Relocation Act) does not apply to leaseholds with a 1-year duration. e) That the Owners are responsible for the cost of removal of cabins with a first floor elevation below 1159.0 if such removal or demolition is required by any governmental authority. The Federal Government, while primarily concerned for the safety of people and property, does recognize the potential hardship on the Owners of the affected cabins brought about by the lack of progress and the contractual obligations. Accordingly, the Federal Government has offered a further 10-year staged removal compromise as follows: 1) All cabins below elevation 1150.0 to be removed by January 1, 2000. 2) Cabins between 1150.0 and below 1151.0 to be removed by 2004. 3) Cabins between 1151.0 and below 1152.0 to be removed by 2005. 4) Cabins between 1152.0 and below 1153.0 to be removed by 2006. 5) Cabins between 1153.0 and below 1154.0 to be removed by 2007. 6) Cabins between 1154.0 and below 1155.0 to be removed by 2008. 7) Cabins between 1155.0 and below 1156.0 to be removed by 2009. 8) Cabins between 1156.0 and below 1159.0 to be removed or flood proofed by 2010. The Owners stand ready to work with the Federal Government and the W.T. Waggoner Estate to facilitate the compromise proposal and hope that all parties to the 1972 Contracts will recognize their respective obligations.