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Min 12/07/1982 i 8 Wichita Falls, Texas Memorial Auditorium Building December 7, 1982 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. Gary D. Cook Mayor Gene Shearman John W. Hampton Carol G. Russell Aldermen Craig A. Wilson Howard M. Morris Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer - - — — — — — — — — The invocation was given by Michael L. Parsons , Fain Memorial Presbyterian Church. Item 3 Moved by Alderman Shearman that minutes of the meetings held November 16 and November 23, 1982, be approved. k Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 9c { Item 6h was moved to the regular agenda. Moved by Alderman Shearman that the remaining items on the consent agenda be approved. Motion seconded by Alderman Hampton. Item 4a i ORDINANCE NO. 111-82 AN ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS BY CORRECTING SUBPARAGRAPHS (F) , (G) , AND (AJ) , WHICH ESTABLISHES PRIMA FACIA MAXIMUM SPEED LIMITS ON CERTAIN STREETS. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 4b ORDINANCE NO. 112-82 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE SOUTH TWO HUNDRED EIGHT (208) FEET OF A TWENTY-FIVE (25) FOOT WIDE ALLEY IN BLOCK 166, ORIGINAL TOWNSITE OF WICHITA FALLS, TEXAS AND RETAINING A UTILITY EASEMENT. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 9 Item 4c ORDINANCE NO. 113-82 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY-FIVE (25) FOOT WIDE ALLEY IN BLOCK 149, ORIGINAL TOWNSITE OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 4d ORDINANCE NO. 114-82 ' AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE, NORTH-SOUTH ALLEY IN BLOCK 18A, HIGHLAND ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 5a RESOLUTION NO. 219-82 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A CAPITAL ASSISTANCE GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and, WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures are established and shall be administered to ensure that minority businesses will have the maximum feasible opportunity to compete for contracts when procuring equipment contracts, or other services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS: That the City Manager is authorized to execute and file an application on behalf of the City of Wichita Falls with the U.S. Department of Transportation to aid in the financing of capital improvements to the transit system, transit equipment. That the City will provide the local share of the funding; the Board of Aldermen will appropriate funds as necessary to ensure the full amount of local share. That the City Manager is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transpor- tation effectuating the purposes of Title VI of the Civil Rights Act of 1964. That the City Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. That the City Manager is authorized to set forth and execute affirmative minority business policies in accordance with the City's Affirmative Action Program for Minority Business Enterprises in connection with the project's procurement needs. 10 Item 5a, cont'd. That the City Manager is authorized to execute grant contract agreements with the U.S. Department of Transportation for aid in financing this capital itimprovement project. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6a Low bids were awarded as follows. a. Trans Tex Company - Automatic Tapping Machine - $13,490.20. b. Bowes and Eden Company - Power Operator - $2,330.00 Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6b Low bids were awarded as follows. a. Cessco Sales - Air Compressor - $7,952.00 b. Moody Day - 2 Air Hammers - $1 ,300.00 Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6c The bid for a hydraulic gate valve operator for water distribution was awarded to Tools Unlimited, . in' the amount of $6,626.00. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6d The low bid for a backhoe/front-end loader was awarded to Case Equipment Company, in the amount of $26,948. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6e The bid for a container carrier vehicle for the Sanitation Division was awarded to Pal-Bodies, Little Rock, Arkansas, for the Pal-Body unit on a Chevrolet chassis, in the amount of $14,516. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 6f Bids were awarded to Pak-Mor Manufacturing Company for refuse collection vehicles for the Sanitation Division. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 11 Item 6g The low bid for an annual supply of sanitation containers was awarded to Wittke Iron Works, Inc. , in the amount of $14,482.50. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 7a RESOLUTION NO. 220-82 RESOLUTION APPROVING CHANGE ORDER NO. 3 AND ACCEPTING CONSTRUCTION OF TENNIS PRO SHOP AT HAMILTON PARK TENNIS CENTER BY WALLACE & RAUB CONSTRUCTION COMPANY. WHEREAS, the City of Wichita Falls, as Owner, and Wallace and Raub Construction Co. , as Contractor, entered into a contract dated April 9, 1982, whereby such Contractor agreed to construct a tennis pro shop at Hamilton Park Tennis Center; and, WHEREAS, the construction of such project has been completed in accordance with the plans and specifications, except for the furnishing and installation of the bronze plaque; and, WHEREAS, Change Order No. 3 has been submitted, which calls for increased wire sizing which was necessary for operation of exterior security lighting, and for exchange of exterior light, which adds $393.75 to the contract price; and, WHEREAS, the total contract price is $102,858.95, of which $90,930.56 has been paid to the Contractor, leaving a balance due of $11 ,928.39; and, WHEREAS, it is proposed that the City retain $1 ,000.00 until such time as the bronze plaque is furnished and properly installed by the Contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Change Order No. 3 is hereby approved, the construction of such project is hereby accepted by the City of Wichita Falls, and the City Manager is authorized to pay to the Contractor the sum of $10,928.39; at such time as the Contractor furnishes and properly installs the bronze plaque, the City Manager shall pay to the Contractor the final $1 ,000.00. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 7b RESOLUTION NO. 221-82 RESOLUTION ACCEPTING CONSTRUCTION OF REMODELING OF JALONIC COMMUNITY CENTER BY C.D. GRAHAM CONSTRUCTION CO. , INC. WHEREAS, the City of Wichita Falls and C.D. Graham Construction Co. , Inc. , as Contractor, entered into a contract dated July 28, 1982, wherein said Contractor agreed to remodel the Jalonic Community Center; and, WHEREAS, the construction of this work has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for this work was $46,499.00, of which $43,149.95 has been paid to the Contractor, leaving a balance due of $3,349.05. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such remodeling Jalonic Community Center is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said Contractor the balance due of $3,349.05. 12 Item 7b, cont'd. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston i Nays: None Item 7c RESOLUTION NO. 222-82 RESOLUTION APPROVING CHANGE ORDER NO. 1 , FINAL ESTIMATE, AND ACCEPTING CONSTRUCTION OF THE 1982 COMMUNITY DEVELOPMENT BLOCK GRANT UTILITY LINE REPLACEMENTS. WHEREAS, the City of Wichita Falls and Panhandle Construction Company, as Contractor, entered into a contract February 16, 1982, wherein said Contractor agreed to construct the utility line replacements; and, WHEREAS, Change Order No. 1 adjusting the unit quantities and extra work for a net increase of $19,549.15 has been submitted; and, WHEREAS, . the final estimate including Change Order No. 1 has been submitted which shows a total amount of work in place of $474,839.40 of which $427,977.10 has been paid to the Contractor leaving a balance due of $46,862.30. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the 1982 Utility Line Replacements is accepted by the City of Wichita Falls. Change Order No. l and the final estimate are approved, and the City Manager is to pay the Contractor the amount due of $46,862.30. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 8a Permission was granted to advertise for bids for drainage pipe for the Central Services facility site preparation. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 8b Permission was granted to advertise for bids for microfilm processing equipment for the Police Department. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 9a - c Minutes of the meeting of the Board of Adjustments and Appeals held November 11 , 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Minutes of the meeting of the Traffic Commission held November 16, 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None 13 _ r Item 9a - c, cont'd. Minutes of the meeting of the Planning Board held November 10, 1982, were approved. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6h Bids were considered for an annual supply of ready-mix concrete, masonry sand, and bulk cement. Alderman Shearman noted that the bids came in very close. He explained that he called a friend and asked about his price, and found that it was $44.00 a cubic yard. He asked why he did not bid on it. Alderman Shearman was told that he had bid in the past, and that he did not receive his payments on time. Alderman Shearman asked Chief Accounting Officer Fred Werner if we are paying these people? Mr. Werner stated that they are writing 150 checks every day. Mayor Cook asked if this bid were sometime ago, or recently? Alderman Shearman noted that it was sometime ago. Moved by Alderman Shearman that the bid be awarded to City Concrete for ready-mix concrete ($42.65 CY) , masonry sand ($11 .00 CY) and bulk cement ($15.75 bbl ) , and to A-1 Rentals, as follows. $34.00 1/4 A. ready-mix concrete $41 .00 1/2 yd. ready-mix concrete $48.00 3/4 yd. ready-mix concrete $55.00 1-2 yd. ready-mix concrete. Motion seconded by Alderman Hampton, and carried unanimously. Item 10a Irene Wallace, an employee of the Tax Department, was honored as Employee of the Month for December, 1982. Mayor Cook presented her with a plaque and two tickets each to a theatre and dinner. Item 10 b A public hearing was opened on a requested designation of a proposed downtown parking facility by T.C. White Company as an eligible blighted area project. No one desired to be heard, and the Board of Aldermen voted unanimously to close the hearing. Item 10c A public hearing was opened on a rate request increase by Vista Cablevision. Bill Cole, 4902 Lindale, stated that he was asked by Lew Pearce to make a statement. In Iowa, they have to pay extra for services which are taken for granted here, such as nickelodeon and sports. The possibilities for government channels here are not being utilized. Council meetings could be broadcast. Mr. Cole also requested that they look at the south part of Jefferson Park, and the rubble there. Mayor Cook noted that they have been looking at the possibilities of broadcasting Council meetings. Lewis Pearce appeared as General Manager of Vista Cablevision. He stated that the Board of Aldermen accepted Vista's proposal in 1978, and the rates were set. They now request that the full basic service rate be increased from $6.95 to $8.50 monthly, and to exclude all above-basic services from the rate schedule. 14 Item 10c, cont'd. Mr. Pearce felt that $150,000 for gross receipts is over and above what is necessary to regulate them. He stated that they are not a public utility as a monopoly. They compete with television, radio, movies, newspaper, concerts, records , books, etc. for entertainment. The charges proposed are for optional services. He requested that Vista be permitted to establish rates above wholly operated services. They believe the rate adjustment to be fair and reasonable. He stated that their service is much lower than anything else here and in Oklahoma. Oklahoma City charges $10.00 for what they are proposing to charge $8.50. He requested that the Council approve this rate increase. They hope to have it by the first of the year. They have experienced a loss. He stated that burglar and fire alarm service is available through the cable. This would not be a basic part of the package. y Alderman Shearman stated that the ultimate decision of whether he makes a profit or not will be based upon the consumer. Television is one of the quickest forms of entertainment. He believes that whether or not he makes a profit will be based upon the consumer. If it is too high, he will unplug it. It is his option. Alderman Wilson asked what we need to do to either accept, reject, or modify this proposal ? He noted that the consumer will make that decision in the marketplace. This is not an essential type of service they need to regulate. He does not know why we need to study it. City Manager Stuart Bach stated that if they are going to regulate the rates, then it is their responsibility to study it to be sure they are not asking for too much, and that the ratepayer is not paying excessive rates , so that Vista will make a reasonable profit instead of an excessive profit. Alderman Shearman stated that if their wire is strung up and down our streets, we should have a say in setting the rates in Wichita Falls. City Attorney H. P. Hodge stated that he doubted that the agenda item, as posted, would be broad enough to give notice that they planned to take action on the rate request. Mayor Cook stated that he believed it could be brought before the Council at the next meeting. The City Manager stated that if the Council is going to consider rates, then they have an obligation to make a thorough study of it. Mayor Cook stated that we should conclude the public hearing, and instruct the staff to conduct a study, and furnish that information to the Council as soon as possible. The public hearing was closed. Item lla A proposed ordinance was presented adopting the 1982 Edition of the Standard Building Code. ORDINANCE NO. 115-82 ORDINANCE AMENDING SECTION 7-14 OF THE CODE OF ORDINANCES TO ADOPT THE 1982 EDITION OF THE STANDARD BUILDING CODE. Moved by Alderman Russell that Ordinance No. 115-82 be passed. Motion seconded by Alderman Shearman. Alderman Wilson asked if some of the changes in the building code have been reviewed by other boards, such as electricians and plumbers? The City Manager stated that these are people in the industry. He does not know whether plumbers and electricians are included. Most of these changes will reduce the cost of construction. Most of these are basic building changes. Alderman Hampton noted that this is the way we update our code. The motion was carried by the following vote. 15 Item lla, cont'd. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays : None Item llb A proposed ordinance was presented authorizing improvements in the benefits y available to employees and retirees under the Texas Municipal Retirement System. ORDINANCE NO. 116-82 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Moved by Alderman Shearman that Ordinance No. 116-82 be passed. Motion seconded by Alderman Wilson, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item llc A proposed ordinance was presented prohibiting discrimination in public accommodations. A motion was made by Alderman Shearman, and seconded by Alderman Russell for its passage. Alderman Hampton stated that this and the next two ordinances will be a drastic mistake in the way that they are written. He stated that he is basically in favor of what they are asking for, but, in his opinion, we are establishing gestapo power to a group of people appointed by the Council . There are already bureaucracies which can handle these things. These ordinances should be tabled and re-written. Under any of these ordinances a subpoena power would be in the hands of a group of people appointed by the City Council . The Council should look very carefully at the way they are written. Alderman Wilson would also like to see these items tabled, and have a work session on them. We need to be sure that the language is clear. City Attorney H.P. Hodge stated that he had reviewed them briefly, but primarily they were prepared by Glen Williams and the Human Relations Commission, and the Human Relations Commission from Fort Worth. Moved by Alderman Hampton that Items c, d, and e, be tabled. Motion seconded by Alderman Wilson. Mayor Cook appointed Aldermen Hampton, Morris, and Russell as a committee to review these three ordinances, and present them back to the Council . The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Wilson, Morris, and Boston Nays: Aldermen Shearman and Russell Item llf A proposed ordinance was presented waiving certain ordinances concerning enforcement of deed restrictions on certain properties in Faith Village, Unit 3. 16 Item llf, cont'd. ORDINANCE NO. 117-82 ORDINANCE WAIVING ORDINANCES CONCERNING CITY ENFORCEMENT OF DEED RESTRICTIONS FOR THE FOLLOWING PROPERTIES IN FAITH VILLAGE, UNIT III: LOTS 1-8, BLOCK 73 AND LOTS 1-4, BLOCK 74. For discussion purposes, Alderman Hampton moved that Ordinance No. 117-82 be passed. Motion seconded by Alderman Morris, for discussion purposes. Alderman Shearman stated that each one of the persons who bought in that area, bought a contract that had deed restrictions on it. He is personally opposed to waiving this ordinance. He believes a deal is a deal . He would like to see something other than those concrete slabs on Kemp Street, but he is of the opinion that every person who bought this property knew that there were deed restrictions on it. He believes in this case we are our brother's keeper. We are asked to lift this ordinance. Not every one of the people who live out there have the money to take these people to court. Alderman Wilson noted that the same inequity exists in the power of the City to withhold building permits. There is considerable question of whether it is the role of the City fo fund one person's contractual rights between two parties. He further stated that we are intervening as a third party, and there is a question of whether we belong there. City Attorney H.P. Hodge summarized the ordinance. There are two basic ordinances they are being asked to waive. One is authorizing the City Attorney's office to enforce deed restrictions in certain cases. The second basic type of ordinance we are concerned with prohibits the Building Inspection Department from issuing permits for industrial type buildings in an area zoned for residential . These are primarily the ordinances they are being asked to waive. Alderman Shearman asked Mr. Hodge if in the past year the legal department has been asked to enforce these ordinances in this same neighborhood? The City Attorney stated that they had been. Mayor Cook stated that this came about as a result of the tornado in helping a residential area retain this status. Alderman Hampton stated that this is a tough question. There are two or more sides. He asked Alderman Shearman if he thought someone would build houses on the slabs? Alderman Shearman stated that he didn't, but he also believed the people who bought these lots knew that there were deed restrictions . Alderman Hampton stated that some of these restrictions would not stand up in court because so many of them had been violated many times. He does not believe that anyone will build a house on these lots. Alderman Hampton asked if these proposed restrictions satisfy or alleviate some of the objections they had previously? City Attorney N.P. Hodge stated that a Mr. Williams still voiced his objections to the change. Jo Sharon stated that she did not know there were any deed restrictions until the tornado. She stated that she did not build back because of the sign placed on a lot, and the noise. She does not believe the people would be opposed to Kemp if there is a good thoughtful planning of building on these lots. City Attorney H.P. Hodge stated that Bob Winters had visited him, and he had a business before the tornado, and he rebuilt it. He opposes some of the things in this ordinance. Mayor Cook stated that on two other occasions they have waived enforcement of deed restrictions in other areas. Alderman Shearman asked if we did not have signatures of people who were not opposed to it in those areas? He has seen the signatures of people who are opposed here. Roger McKinney, Director of Planning, stated that they contacted about ten people, and informed them of the provisions of the ordinance. Mr. Williams was the only one who objected. Most of them felt it was useless for them to 17 Item llf, cont'd. continue to oppose it. He stated that the site plan was to be presented to his office, and hold a public hearing before the Board of Aldermen on what is proposed there. He stated that it needs to be very carefully developed in order not to have any problems with traffic and lights. Alderman Hampton noted that it has been three and one-half years since the tornado. How long.do we need to wait to do something about this? This is the first time we have had a proposal to utilize land in this area. Alderman Shearman asked if this same deal would come up next door to us how would we feel? Alderman Hampton stated that there are two sides. Steve Paulson, 2809 Preece, stated that certain rights were not sold with these lots. Restrictions should not be ignored. There are fourteen residences fronting Kemp Street between Elliott and Cunningham. The asking price of $30,000 for these commercial lots is too high. He stated that he and other residents are betting their life savings that the Council will stand strong. It was suggested that the word "may" near the end of the next to last line of Paragraph 5 of the ordinance be changed to read "shall" . The motion for passage of Ordinance No. 117-82, with the one change, was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman Item 12a A proposed resolution was presented authorizing publication of notice of intention to lease certain land at Lake Arrowhead for oil and gas. RESOLUTION NO. 223-82 RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO LEASE FOR OIL AND GAS CERTAIN LAND LOCATED AT LAKE ARROWHEAD IN CLAY COUNTY, TEXAS. WHEREAS, the City of Wichita Falls has received a request that certain land owned by the City at Lake Arrowhead in Clay County, Texas, be leased for oil and gas exploration and production. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . It is advisable, under proper circumstances, to lease for the development of oil and gas all of the following tract of land located at Lake Arrowhead, Clay County, Texas, to-wit: 66.89 acres of land, more or less , in Lot 7 in Block No. 2 of the Clark & Plumb Subdivision, such land being described by metes and bounds in the deed from E.J. Poirot and wife, Emma M. Poirot to the City of Wichita Falls , dated September 15, 1965 and recorded in Volume 240, Page 296 of the Deed Records of Clay County, Texas. SECTION 2. Any such oil and gas lease shall provide for at lease 3/16 royalty, and shall have a primary term of no more than five years. SECTION 3. Any such oil and gas lease shall be executed on the City's standard form, a copy of which is attached hereto. SECTION 4. This land lies below the 50 year flood elevation at Lake Arrowhead. Under any such oil and gas lease, no actual drilling may occur on the property covered by such lease unless the location of each well is approved in advance by the City, and the methods used in drilling and producing each well meet all the specifications to be required by the City for protecting the water in the lake; provided, however, such provision would not prohibit the drilling of a well on other lands with which a portion of the leased property was pooled nor the drilling of a directional well under such property from a location outside the lake. 18 Item 12a, cont'd. SECTION 5. City shall give notice of intention to lease such land by publication once a week for three consecutive weeks in a newspaper published in Clay County, which notice shall describe the land and designate the time and place at which the Board of Aldermen will receive and consider bids for such lease. SECTION 6. City will not warrant the title to the minerals in such lands. The City apparently owns all of the minerals, subject to an outstanding non- participating royalty of one-half of one-eight. i SECTION 7. The Board of Aldermen reserves the right to reject any and all bids, and to give notice and call for additional bids, if same is determined to be in the best interest of the City. Moved by Alderman Shearman that Resolution No. 223-82 be passed. Motion seconded by Alderman Morris. City Attorney H.P. Hodge stated that we would be using a standard lease form for bidding. Alderman Hampton stated that Section 3 of the ordinance does not conform to our lease form. It was decided that Section 3 would be amended to read, as follows: Any such oil and gas lease will be executed on the City's standard form attached hereto. Moved by Alderman Morris that the amendment be approved. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: None (Alderman Shearman was out of the room) The original motion, as amended, was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: None (Alderman Shearman was out of the room) Item 12b A proposed resolution was presented authorizing execution of an amendment to the wrecker service contract with Plumlee Ambulance. RESOLUTION NO. 224-82 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE FIRST AMENDMENT TO CONTRACT WITH PLUMLEE AMBULANCE EMS, INC. OF WICHITA FALLS FOR SERVICES OF DISPATCHING WRECKERS. Moved by Alderman Russell for discussion, that Resolution No. 224-82 be passed. Motion seconded by Alderman Boston. Alderman Russell asked if $48.00 per month will begin to cover realistic administrative costs? The City Manager stated that it would. Corky Dean, Manager of Plumlee Ambulance, stated that they receive many wrecker service calls. Each wrecker service on the list calls to find out when it is their time up on the list. They will have to install another telephone line to handle these and other calls from the Police Department, and from private citizens wanting to know where their car was taken. Mayor Cook commented that there must be a smarter way around this. They could assign one wrecker service each month. Alderman Hampton stated that one service does not have sufficient equipment to answer all of these calls. Police Chief Curtis Harrelson stated that sometime ago the Police Department was responsible for answering the calls. When they went into the statewide police network the wreckers had to purchase their own equipment, and the police 19 Item 12b, cont'd. ' did not have connection with them. He stated that they have two girls to answer eight police frequencies, teletype, burglar alarms, and dispatch calls, along with the Plumlee line stating they need a wrecker. It is a very hectic situation. One girl handles dispatch calls, and the other handles all officer service calls. It would be bad to put another radio receiver in the room, and put another girl on to answer these wrecker calls. Right now, all the girl has to do is pick up the phone and call Plumlee, and Plumlee makes the calls to the wrecker service. Moved by Alderman Shearman that this item be tabled until February for study to see if we can feasibly do it ourselves. City Manager Stuart Bach stated that Plumlee wanted to get out of it, and they went to them to see if they could work something out. x f� Alderman Russell stated that from the money that comes into the City coffers, she feels it would be wise to increase this fee to $400.00. Alderman Shearman also asked about an answering service. The motion to table died for lack of a second. The original motion for passage of Resolution No. 224-82 was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman Item 12c A proposed resolution was presented approving a proposed parking garage as an eligible blighted area project. RESOLUTION NO. 225-82 A RESOLUTION APPROVING A PROJECT TO BE FINANCED BY WICHITA COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE RnNM (T f I.IWTTG 9. rn DDn irrTl crnTrc i nnn 21 Item 12d, cont'd. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and Boston Nays: None Item 12e A proposed resolution was presented awarding a contract for airport terminal improvements. RESOLUTION NO. 227-82 RESOLUTION ACCEPTING BID AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT FOR RENOVATION WORK AT WICHITA FALLS MUNICIPAL AIRPORT TO JOHN J. MILLER, D/B/A J. MILLER CONSTRUCTION COMPANY. WHEREAS, the City of Wichita Falls had advertised for bids for the renovation of portions of the terminal building at Municipal Airport; and, WHEREAS, ten bids were received, and it is found that the bid of John J. Miller, d/b/a J. Miller Construction Company, including Alternates No. 1 , 2, 3, 4, 6, 7, and 8 in the amount of $311 ,733.00 is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of John J. Miller, d/b/a J. Miller Construction Company in the amount of $311 ,733.00 is hereby accepted, subject to the approval of the Federal Aviation Administration, and the City Manager is authorized to execute a contract with John J. Miller, d/b/a J. Miller Construction Company for the construction of said improvements. 22 Item 12f, cont'd. Moved by Alderman Russell that Resolution No. 228-82 be passed. Motion seconded by Alderman Morris. Alderman Wilson stated that he is opposed to the Council taking this action at this time. While it is not a commitment of our funds at this time, it is setting the stage for these commitments. He believes it would be premature on our part to go in this direction. There have been funds appropriated, and will be available in the spring for flood control such as ours. This will be a very expensive study and project. It is premature for us to commit these funds until we have all of our cards on the table. City Manager Stuart Bach stated that hotel-motel funds cannot be used in flood control and drainage, but they can be used for artistic uses for this project. Alderman Wilson noted that we don't have recommendations and plans back from the park consultants. We are jumping the gun on this until we have their recommendations. Mr. Bach stated that the Greenbelt plan has been on the books since the early 1920's. We don' t want to miss the grant cycle from the Parks and Wildlife. Alderman Hampton stated that we can walk and chew gum at the same time, and we don't have to put all of our funds in one area. Alderman Shearman stated that flooding and drainage is a high priority project of the Council . Before we start another project, which he believes is cosmetic, he would vote "no" at this time on a cosmetic project rather than taking this money and spending it for a drainage-type project. He realizes that hotel-motel funds can only be spent for the arts. We could make some art work or tourism into these high priority drainage projects. Bill Hursh, Director -of Parks and Recreation, stated that informally they do have their recommendation, and they did not have any objections to it. Alderman Wilson stated that we are charged with the responsibility of looking at the total project, and where the dollars are coming from. Bill Hursh stated that this is an excellent opportunity to spend this hotel-motel tax money, and it would be beneficial to many of our citizens. Alderman Russell stated that we are talking about difficulties of perception. She stated that other cities have dealt with waterfront projects which have resulted from a sort of respite of the community life. It is broad and far reaching to the community. Alderman Shearman stated that he believes she is correct in one aspect. The flood cost us $25 million dollars. The Corps of Engineers has estimated three and one-half million dollars annually for flooding costs in Wichita Falls . He stated that he could not in good conscience vote for cosmetic improvements. Alderman Russell urged that we not overlook the strong economic factors that generate out of thi-s project. Mayor Cook stated that he believes we have a potential of looking at flooding along the Wichita River. It would also alleviate damage from flooding in the Wichita River basin as a part of this project, although that is not what we are addressing today. Alderman Wilson stated that Holliday Creek may end up becoming a greenbelt. In some cities they have incorporated flood control and parks in the areas where they had trouble, and we may be able to cover both of these projects. It is premature until we get their recommendations. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Morris , and Boston Nays: Aldermen Shearman and Wilson 23 Item 13a Permission was requested to advertise for bids for computer equipment for the Police Department, known as Computer Aided Dispatch System. Moved by Alderman Shearman that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Boston, and carried unanimously. Item 14a City Clerk Wilma Thomas reported to the Council the results of the petition which was presented on airport zoning. She explained that the next action of the Council would be to reconsider the measure. If upon reconsideration the measure is not repealed, it shall be submitted to the electors following final vote by the Board of Aldermen. City Attorney H.P. Hodge explained that if this is a matter subject to referendum, then the charter requires that the Council consider the matter. If they repeal it, that is the end of the matter, but if they do not repeal it, it goes to a vote of the electors. Not everything is subject to referendum. Courts have held that this is a matter conferred to the people. Courts have held that some matters have been withdrawn from the administrative procedure. He stated that if it is a proper subject for referendum, it entails a lot of time on the part of the City Clerk. If it is not subject to referendum then Mrs. Thomas wants to know this ahead of time. Mrs. Thomas asked the legal office for an opinion, and they determined that it was a proper subject for referendum. The Council can repeal or vote against repeal , and call an election. The first Saturday in April is the regular election date. For an election to be held the third Saturday in January, an election would have to be called almost immediately for the 30-day requirement. Mr. Hodge noted that the third option would be whether they are going to consider this a proper subject matter for referendum. This is a legal question. He stated that they were asked for a legal opinion, and they gave a legal opinion. He stated they are not the Supreme Court. Sometimes when your research discloses that there are no exact cases you have to try to make a legal guess as to how a court would interpret it. He cannot tell them categorically that it is or is not subject to referendum. They can tell them the closest cases they found indicates that it is subject to referendum. They have to do with comprehensive zoning, and are covered by a different state law. The two cases held that they were not subject to the referendum process. The question is do those precedents apply to an airport zoning case where someone seeks to repeal an airport zoning ordinance? Public hearings are a key matter where initiative and referendum provisions do not apply. Comprehensive Zoning ordinances provide that you must have public hearings before you can do anything about comprehensive zoning. The Airport Zoning Ordinance does not specify that you have to have a public hearing before you can repeal an airport zoning ordinance. His advice to the Council is that they take some action on it prior to 30 days before the next regular municipal election. They do not have to reconsider it immediately. Moved by Alderman Morris that the Council take it under advisement, and consider the matter prior to 30 days before the next scheduled election. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman Item 14b Consideration was requested for a voluntary utility contributions program. Moved by Alderman Russell that we consider for discussion the voluntary utility contribution program. 24 Item 14b, cont'd. Motion seconded by Alderman Hampton. City Manager Stuart Bach stated that Texas Electric is working toward such a program, but their billing system applies across the entire Texas Electric System. David Liles, Lone Star Gas Company, stated that they have it under advise- ment, but there is a problem with taking one city out of the whole system. They do not want to be involved in the disbursement process. Alderman Hampton stated that this is another bureaucracy. Mayor Cook stated that the disbursement arm would have to be some dis- interested group. The City Manager stated that there are internal computer problems involved with the City. Mr. Jackson appeared, suggesting that the City Council designate the Water Department as an agency to receive voluntary contributions paid in the water bills. He stated that both utility companies are interested, but they have problems. It would be complicated to break this out for one city when they bill on an area wide basis. He feels it would be a mistake to combine all utilities in one place. Marion Bowling had suggested that it be taken to the City Council for consideration. He knows of nothing we could do but help people who are in need. It would give every citizen in Wichita Falls an opportunity to get involved in helping people. We need to make sure that it is strictly voluntary. He believes we would have almost 100 percent participation. Mr. Jackson stated that the Community Action Corporation, Interfaith Ministries, and the Salvation Army all stated that disbursement would be no problem. He urged the Council to implement it at the very earliest date. The building trade will donate $500 to start it off. Alderman Shearman felt it would be a good idea. If 15,000 people gave 50 cents each, $7,500 would be generated each month. Alderman Hampton asked about past due bills? Fred Werner, Chief Accounting Officer, stated that about two percent of the water bills are uncollectible. The City Manager stated that Data Processing priorities should be taken into consideration. Mayor Cook suggested that the customer would have to make a positive statement of the action desired, by making a check mark on the card. Marion Bowling, 1305 35th, stated that this could be a tax deduction. He also stated that pledges are not working well in Minneapolis. Jack Humphries, Data Processing Manager, stated that the program is worthwhile, but each individual would have to indicate the amount. The over- billing problems and mechanics need to be looked at. He would hesitate to commit interfacing to our accounting system for a period of 90 days. He thinks it is a fantastic idea. He suggested that we take our time in looking at it, and do it right, sometime next year. Alderman Wilson stated that he sees an enormous problem in distribution. He asked who is going to make the distribution? Mr. Jackson suggested that the money be turned over to a committee composed of CAC, Interfaith, and the Salvation Army. Marion Bowling stated that they have received letters from the Salvation Army, CAC, Interfaith, and the Red Cross, stating that either of them would handle it. Mayor Cook appointed Aldermen Shearman and Boston to work with Dane Bennett and Jack Humphries on possible implementation and disbursement procedures. They were instructed to bring a report back to the Council on another agenda. 25 Items 14 c,d The Board of Aldermen recessed at 11 :25 A.M. for an executive session pursuant to Article 6252-17, paragraph (g) , of the Revised Texas Civil Statutes. The meeting resumed at ll :55 A.M. Moved by Alderman Hampton that the following be appointed to the Mayor's Commission on the Status of Women, with expiration terms as shown. Helen R. Henry - September 30, 1983 (replacing Kathleen Myer) Kay E. Holland - September 30, 1984 (replacing Carol Campbell ) Motion seconded by Alderman Shearman, and carried unanimously. The Board of Aldermen adjourned at 12:00 P.M. PASSED AND APPROVED this the day of- 1982. y D ook, Mayor ATTEST: Wilma J. Thomas, City Clerk 5/79 OIL AND GAS LEASE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, the City of Wichita Falls, Texas ("Lessor") , is the owner _ z of the tracts of land in said County and State described in Exhibit "A" attached hereto, incorporated herein by reference and made a part hereof for all purposes (the "Property") ; WHEREAS, Lessor has determined that it is advisable and in the best in- K _ terest of the City of Wichita Falls, Texas to lease the Property for pur- pose of producing the oil and gas thereunder in a manner which will not interfere with the public use of the Property; v WHEREAS, Lessor has given notice of its intention to lease the Property in accordance with Sections 71.004 and 71.005 of the State of Texas Natural Resources Code (the "Code") and has received and considered T ' s bids, at a public hearing, in accordance with Section 71.006 of the Code; WHEREAS, ("Lessee") was the highest and best bidder who submitted a bid for the lease of the Property; WHEREAS, Lessor desires to lease the Property to Lessee for the purpose of producing the oil and gas thereunder, and Lessee desires to accept such lease from Lessor, in accordance with the terms, provisions and conditions hereinafter set forth; ^ NOW, THEREFORE, for and in consideration of and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor has granted, de- mised leased and let and by these presents does grant, demise, lease and let, unto Lessee all of the Property described in the attached Exhibit "A" for the purpose of investigating, exploring, prospecting and drilling for and producing the oil and gas thereunder and to save, take care of, treat, transport and own said oil and gas. 1. Subject to the other provisions herein contained, this lease shall remain in force for a term of years from the date hereof (called the "Primary Term") and as long thereafter as oil and gas, or either of them, is produced from said Property or land with which said property is pooled herewith. 2. The royalties to be paid by Lessee are (a) on oil of that pro- duced and saved from said Property, the same to be delivered at the wells or to the credit of Lessor into the pipeline to which the wells may be sr_ connected; Lessee may from time to time purchase any royalty oil in its possession, paying the market price therefor prevailing for the field where produced on the date of purchase; (b) to pay Lessor on gas and casinghead gas produced from said land (1) when sold by Lessee of the amount �. realized by Lessee computed at the mouth of the well, or (2) when used by Lessee off said land or in the manufacture of gasoline or other products, of the amount realized from the sale of gasoline or other products extracted therefrom and of the amount realized from the sale of res- - idue gas after deducting the amount used .for plant fuel and/or compression; while there is a gas well on this Property or on acreage pooled therewith but gas is not being sold or used, Lessee may pay as royalty, on or before ninety (90) days after the date on which (1) said well is shut in, or (2) the Property covered hereby or any portion thereof is included in a pooled unit on which a well is located, or (3) this lease ceases to be otherwise maintained as provided herein whichever is the later date, and thereafter at annual intervals on or before the anniversary of the date the first payment is made, a sum of Two Hundred and No/100 ($200.00) per well, and if such payment is made or tendered, this lease shall not terminate and it will be considered that gas is being produced from this lease in pay- ing quantities. Lessee shall have free use of oil and gas from said Property for all operations hereunder and the royalty on oil and gas shall be computed after deducting any so used. 5/79 sold or used may be made by check or draft of Lessee mailed or delivered to the parties entitled thereto or to said bank on or before the date of payment. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, or for any reason fail or refuse to accept rental, Lessee shall not be held in default for failure to make such pay- ment or tender of rental until thirty (30) days after Lessor shall deliver to Lessee a proper recordable instrument naming another bank as agent to receive such payments or tenders. If Lessee shall, on or before any anni- versary date, make a bona fide attempt to pay or deposit rental to a Lessor entitled thereto according to Lessee's records or to a Lessor, who, prior to such attempted payment or deposit, has given Lessee notice, in accord- ance with subsequent provisions of this Lease, of the right to receive - rental, and if such payment or deposit shall be ineffective or erroneous vrxat�ax in any regard, Lessee shall be unconditionally obligated to pay to such Lessor the rental propgrly payable for the rental period involved, and s--= this Lease shall not terminate but shall be maintained in the same manner " as if such erroneous or ineffective rental payment or deposit has been pro- perly made, provided that the erroneous or ineffective rental payment or deposit be corrected within 30 days after receipt by Lessee of written notice from such Lessor of such error accompanied by such instruments as are necessary to enable Lessee to make proper payment. The down cash pav- ment is consideration for this Lease according to its terms and shall not _ be allocated as a mere rental for a period. Lessee may at any time or times execute and deliver to Lessor or to the depository above named or place of record a release or releases of this Lease as to all or part of the - Property, or of any mineral or horizon under all or any portion thereof, s and thereby be relieved of all obligations as to the released Property or _ interest. If this Lease is released as to all minerals and horizons under a portion of the Property covered by this Lease, the rentals and other payments computed in accordance therewith shall thereupon be reduced in the proportion that the number of surface acres within such released por- tion bears to the total number of surface acres which was covered by this Lease immediately prior to such release. 5. If prior to discovery and production of oil or gas on said Property or on acreage pooled therewith, Lessee shall drill a dry hole or holes thereon, or, if after discovery and production of oil or gas, pro- duction thereof should cease from any cause, this Lease shall not terminate if Lessee commences operations for drilling or re-working operations six- ty (60) days thereafter, or, if it be within the Primary Term, commences or resumes the payment or tender of rentals or commences operations for drilling or re-working on or before the rental paying date next ensuing -- after the expiration of sixty (60) days from the date of completion of dry hole or cessation of production. If at any time subsequent to sixty (60) days prior to the beginning of the last year of the Primary Term and prior to the discovery of oil or gas on said property or on acreage pooled there- with, Lessee should drill a dry hole thereon no rental payment or operations are necessary in order to keep the Lease in force during the remainder of the Primary Term. If at the expiration of the Primary Term oil or gas is not being produced on said Property or on acreage pooled therewith, but Lessee is then engaged in drilling or re-working operations thereon or shall have completed a dry hole thereon within sixty (60) days prior to the end of the Primary Term the Lease shall remain in force so long as opera- tions on said well or drilling or re-working of any additional well are }' prosecuted with no cessation of more than sixty (60) consecutive days and if they result in production of oil or gas so long thereafter as oil or gas is produced from said Property or acreage pooled therewith. Any pooled unit designated by Lessee in accordance with the terms hereof may be dissolved by Lessee by an instrument filed for record in the appro- priate records of the county or counties in which the leased premises are situated at any time after the completion of a dry hole or the cessa- tion of production on said unit. In the event a well or wells producing oil or gas in paying quantities shall be brought in on adjacent land and within 330 feet of and draining the lease premises or acreage pool- ed therewith Lessee agrees to drill such offset wells as a reasonable and prudent operator would drill under the same or similar circum- stances. 6. Lessee shall have the right at any time during or after the expiration of this Lease to remove all property and fixtures placed by Lessee on said Property, including the right to draw and remove all cas- ing. When required by Lessor, Lessee shall bury all pipelines below -3- 5/79 � 49_4 or is being maintained as otherwise herein provided, then at such time thereafter as Lessee fails to commence an additional well each six (6) months after the end of the Primary Term either on the leased Property or on property pooled with the leased Property, then at such time all of the leased Property shall revert to Lessor, save and except such part of the leased Property as is included within producing pooled units or as to pro- ducing wells on the leased Property as to such acreage as the Railroad Commission of Texas allocates for the production of oil or gas for a pro- ration unit on the leased Property, which, in no event, shall exceed eighty (80) acres for an oil well and three hundred and twenty (320) acres for a gas well. 13. There is no warranty of title, either expressed or implied. -c: IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed this day of , CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk a 4` --x F- -5-