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Min 07/22/1980 111 Wichita Falls, Texas Memorial Auditorium Building July 22, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas, met in called 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. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen James B. Thomas Horace 0. Boston Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Curtis Smith Absent The invocation was given by Alderman Hampton. Item 3 Moved by Alderman Thomas that minutes of the meeting held July 15, 1980, be approved. Motion seconded by Alderman Russell , and carried unanimously. ✓ Item 4a John Gavin appeared, requesting additional financial assistance in the amount of $13,000 from the City of Wichita Falls for the Goals Committee. He stated that they have developed specific goals and priorities , and have adopted realistic implementing steps. Alderman Thomas asked why they were unable to raise the $15,000 from other sources which they thought they could? Mr. Gavin stated that they may have overestimated their needs because of the newspaper supplement, and they just did not raise the money. Alderman Thomas asked what work would be done in August and September if they were able to raise this money? Mr. Gavin stated that the booklet has not been completed, and they need to get the organizations together which are specified as implementing agencies and get something implemented. Alderman Thomas noted the 83 percent response from the goals survey that Wichita Falls should have some land use controls, and when it came to a vote it was voted down. Mr. Gavin stated that he feels the people still want some kind of land use controls. They voted on a zoning ordinance. Alderman Traywick stated that he feels this cost should be shared by all citizens of the community, and not just the City of Wichita Falls. Mr. Gavin stated that he figured this is where he could get the money. Alderman Thomas noted that he has a negative feeling about this. There have been so many people who have put in so much hard work, even though the executive committee has not done what they said they would. He stated that one approach might be to match what they can raise from private sources within the next thirty days, not to exceed $13,000. Mr. Gavin stated that he does not feel they can raise this money at this time. Alderman Traywick asked Mr. Gavin if he had appeared before the County Commissioners officially, and he stated that he had not, but would make an attempt to do so. Alderman Traywick stated that he does not believe this should fall solely on the fiscal body of this City. 112 Item 4a, cont'd. Alderman Hampton stated that he agreed with everything said by Aldermen Thomas and Traywick. He questioned whether he could vote on this matter since he is a member of the executive committee. City Attorney H. P. Hodge, Jr. stated that if there is no personal or monetary interest involved, it would be very proper for him to vote. Moved by Alderman Thomas that we support the deficit of $19,500 to the tune of 31 percent, or $6,500, which is the percentage we supported in the beginning. Motion seconded by Alderman Traywick. Alderman Russell stated that she concurred with Mr. Gavin and the executive committee in their feeling that by coming to the City of Wichita Falls they were indeed coming to the citizens. The work which has been proposed up to this time has the endorsement of this body. She strongly encouraged a negative vote on this motion on the floor, and consider the $13,000 request. Alderman Thomas stated that we are always being approached by equally worthwhile programs, and there would be no end to it if we funded all of them. He feels this is a way to place the burden on them to raise the money. Mr. Gavin stated that, in his opinion, there has never been a program equally as important in the city. He stated they would appreciate whatever they decide to give to the goals program. The motion failed by the following vote. Ayes: Aldermen Traywick and Thomas Nays: Mayor Hill , Aldermen Hampton, Russell , and Boston Moved by Alderman Russell that we support the goals program in the amount of $13,000. Motion seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , and Boston Nays: Aldermen Traywick and Thomas ✓ Item 4b Dr. Ca.rl Davis appeared, requesting a permit to move a house from 1703 Collins so that a parking lot can be constructed. He stated that a portion of it has been used as a parking lot for two years. This is not a new addition. In 1960 they went to property owners and got their permission to construct the dental clinic. Five years ago they added 900 square feet to the dental clinic, and two years ago they purchased property to use as a parking lot, and the south quarter of it has been used as such. He stated that there are 200 violations in this subdivision. Alderman Thomas stated that land use controls that are available to the city are in deed restrictions since zoning has been voted down. In this case, they have not been set aside by a judgment. Alderman Traywick asked if the Council has any latitude in this case since he has received permission from several of the neighbors involved? City Attorney H. P. Hodge, Jr. stated that the ordinance is a direction to the staff, and does not have any relation to action the Council might take. It seems in this case they should have some latitude. Alderman Traywick stated that he feels they are bound to enforce these ordinances, but where there is no case he feels they should have some latitude. Mayor Hill asked if it would be discriminating to allow this waiver if we do not permit people to go right on down Collins Street with a garage or any other type of business? Alderman Thomas stated that he could not be sure that a judge would rule that the deed restrictions had already been broken. Alderman Hampton noted that we are being asked to say that deed restrictions cannot be defended. What liability would we have in a court case if a judge said that deed restrictions were not null and void if we had made a decision not based on a court decision? City Attorney H. P. Hodge, Jr. stated that the opposite could also be true if a permit is denied on legal grounds. Item 4b, cont'd. 713 The City Manager stated that the Council cannot waive dee It is left up to the Property owners to enforce deed restrictionsestrictions. Alderman Traywick stated that the Council 's decision is based on whether we think deed restrictions are enforceable in the City Attorney H. P. particular area. Hodge, Jr. stated that Dr. He has asked for a Davis has not asked for a building permit. Alderman Russell explained that permit to move a building. recently concerned nei her thinkin ghborhoods that have remained tintacthe time this was discussed we are talking about that type of situation at Collins and Brook. Mayor Hill stated that there are no businesses on Collins Street. She does not think Moved by Alderman Traywick that the house moving permit re Motion seconded by Alderman Russell , guest be granted. Dr. Carl Davis noted that Mr. Ken Hays had his insurance office in his home on Collins Street and the si n , and a sign out front for several 9 has been moved to the porch. Years. He is now retired, Kenneth Hays, 1708 Office in his home 1 the Collins,llins Southland Addition.dithat a fora waiver in the deed restrictions, doctor is allowed to have his He stated thatetdheretareere -6000s no the Southland Addition. Deed restrictions cannot call a halt. provision Encroachment of commercial on residential be areass people in it is time to The motion failed b hould be stopped. Y the following vote. Ayes: Aldermen Traywick, Russell a nd Nays: Mayor Hill , Aldermen Hampton andBoston Thomas Ile-_—_m 5a - - - - - - - A proposed ordinance was presented extending the state of emergency. ORDINANCE N0. 3697 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY F Moved by Alderman Thomas that Ordinance No. OR SEVEN DAYS. 3697 be passed. Motion seconded by Alderman Traywick, and carried by the followin Ayes: Mayor Hill , Aldermen Traywick, Hampton, g vote. p Russell Nays: None , Thomas, and Boston Item 5b — - - - - - - - A proposed ordinance was presented authorizing a vanpool franchise. ORDINANCE NO. 3698 ORDINANCE GRANTING A FRANCHISE TO UNITED CONTRACT FOR OPERATION OF VANPOOL PROGRAM BETWEEN HOMES AND THE CITY OF WICHITA FALLS, SERVICES, INC. , WORK SITES IN Moved by Alderman Thomas that Ordinance No. 3698 b Motion seconded by Alder e passed. Alderman Boston. Joe Dotson, 4405 Canberra Personalized license plates , stated that all vans in the vanpool will have at the possdl ice 3 which is one form of identification. hked be representin Y °f permanent paint or magnetic signs.g the company when he uses it on a gns' The driverwould°not Personal basis. 114 Item 5b, cont'd. d by the following vote. The motion carrie Russell , Thomas, and Boston Ayes: Mayor Hill , Aldermen Traywick, Hampton, . Nays: None Ite_=c on a proposed amendment to an ordinance controlling the Discussion was held on issuance of building permits. personally prefer that H. p. Hodge, Jr. explained that he would are going a step City Attorney If it is changed they a curb the Council not change the ordinance. back. Moving a ho use is not a violation of deed restrictions, and cutting is not a violation of deed restrictions' ANCE NO. 3699 ORDIN L THE ORDINANCE AME NDING ORDINANCE N0. 34T7,PERMITS ITTO OSNTOOCONFOR�! WITH CDEED BUILDING MOVING PERMITS AND CURB CUT RESTRICTIONS. Alderman Hampton that Ordinance No. 3699 be passed. Moved by the following vote. Motion seconded by Alderman Thomas , and carried by Mayor Hill , Aldermen Hampton, Russell , Thomas, and Boston Ayes: Y Nays: Alderman Traywick waive the ordinance Alder man Hampton commented that now the Council can legally if they want to. item ulating the sale and possession of A proposed ordinance was presented reg drug paraphernalia. ORDINANCE N0. 3700 PROHIBITING THE USE, POSSESSION MANUFACTURE WITH INTENT WITH SINTENT LIA, AN ORDINANCEN WITH DRUG PARAPHERNALIA, DELIVERY, POSSEADVORTISEMENTTTOTPROMOTE THE SALE OF, D. TO DELIVER AND AND PROVIDING FOR PENALTIES AND DECLARING passed. Moved by Alderman Thomas that Ordinance No. 3700 be p Alderman Hampton. Motion seconded by and a e H. p. Hodge, Jr. stated that he t ttheeCounc an iltforeconsideration, City Attorney private citizen that this a rdinanceit uldebfupther stated that this ordinance cannot and he sent the attorney stated be simply administered or enforced. 7 The City Attorney erative venture between the City Attorneys office Alderman Hampton asked who would enforce it, and ow that he felt they could use that it would have to be a cpoplice Chief Harrelson stated and the police department. this ordinance. vote. The motion carried by the followingRussell , Thomas, and Boston Ayes Mayor Hill , Aldermen Traywick, Hampton, Nays: None Item 6b oil lease advertisement at A proposed resolution was presented authorizing Lake Kickapoo. 115 Item 6b, cont'd. RESOLUTION NO. 2588 RESOLUTION AUTHORIZING NOTICE OF INTENTION TO LEASE FOR OIL AND GAS CERTAIN LANDS LOCATED AT LAKE KICKAP00 IN ARCHER COUNTY, TEXAS. WHEREAS, the City of Wichita Falls has received a request that certain lands owned by the City at Lake Kickapoo in Archer 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 , or part, of the following tract located at Lake Kickapoo, Archer County, Texas, to-wit: 250 acres, more or less, out of the S.P.R.R. Company Survey No. 1 , Abstract No. 440, and being all of said Survey South of Contour Line 1 ,050 feet m.s.l . , as shown by map prepared by B. R. Stellar in June of 1944, and being on sheet 2 of 11 of said series of maps. SECTION 2. Any such oil and gas lease shall provide for at least 1/8 royalty, and shall have a primary term of no more than ten years. SECTION 3. Any such oil and gas lease may include a pooling provision which meets with the requirements of Subchapter B of Chapter 71 of the Natural Resources Code of the State of Texas. SECTION 4. Under any such oil and gas lease, no actual drilling may occur on the property covered by such lease unless the location of such well is approved in advance by the City and meets the specifications designated 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. SECTION 5. City shall give notice of intention to lease such lands by publication once a week for three consecutive weeks in a newspaper published in the 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 minerals in such lands. 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 Hampton that Resolution No. 2588 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays : None /Item 6c A proposed resolution was presented authorizing lease agreement for Lake Kickapoo Store. / RESOLUTION NO. 2589 RESOLUTION APPROVING CANCELLATION OF LAKE KICKAP00 STORE LEASE AND APPROVING NEW LEASE OF STORE TO MARY DENNEY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 116 Item 6c, cont'd. That certain lease between the City of Wichita Falls and Marge Fenner for the operation of a store at Lake Kickapoo is, as requested by the lessee, hereby cancelled; and that certain lease, a copy of which is attached, for the lease of that same store to Mary Denney, is hereby approved, and the City Manager is authorized to execute such lease for the City of Wichita Falls. Moved by Alderman Boston that Resolution No'. 2589 be passed. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays: None The Council recessed to go into executive sesssion to discuss personnel matters. The meeting resumed at 10:40 A.M. Item 6a RESOLUTION NO. 2590 RESOLUTION APPOINTING ROBERT D. HALEY ACTING CITY MANAGER. WHEREAS, the resignation of City Manager Gerald G. Fox has been accepted, effective August 1 , 1980, and it is necessary to appoint an acting City Manager to serve from August 1 , 1980, until such time as a permanent appointment of City Manager is made. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Robert D. Haley is hereby appointed acting City Manager for the period from the resignation of Gerald G. Fox on August 1 , 1980, until such time as a permanent appointment of City Manager is made. While serving as acting City Manager, Mr. Haley shall be paid a monthly salary of $3,500.00. Moved by Alderman Thomas that Resolution No. 2590 be passed, appointing Bob Haley as Acting City Manager, at a monthly salary of $3500.00. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston Nays: None Moved by Alderman Traywick that a variance be granted to Dr. Davis under Ordinance No. 3699. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Aldermen Traywick, Hampton, Russell , and Boston Nays: Mayor Hill and Alderman Thomas A work session on the landfill election will be held following adjournment. The Board of Aldermen adjourned at 10:45 A.M. PASSED AND APPROVED this ' - day of '` L/ c_ 1980. l e 1�>- ATTEST: MAYOR CITY CLERK w STATE OF TEXAS X COUNTY OF WICHITA X This agreement made by and between the City of Wichita Falls, Wichita County, Texas, a municipal corporation, acting by and through Gerald G. Fox, its City Manager, hereinafter called Lessor, and Mary Denney, of Archer County, Texas, hereinafter called Lessee, on the day of July, 1980. (1) For and in consideration of the money payments herein specified, and the covenants and conditions herein to be met by the Lessee, Lessor herein does hereby lease to Mary Denney, Lessee, the following described lands and premises situated in Archer County, Texas, to wit: Tract No. 1 - Beginning at the northeast corner of the A.T.N.C. Survey, Block 111, Archer County, Texas; Thence west 2 ,387. 0 feet; Thence south 1,031. 0 feet; Thence S 68 degrees 21 ' E 275. 5 feet, to the southwest and beginning corner of this tract; Thence N 21 degrees 39 ' E, 100 feet; Thence S 68 degrees 21 ' E, 500 feet; Thence S 21 degrees 39 ' W, 82 . 8 feet; Thence N 89 degrees 16 ' W, 48. 6 feet; Thence N 68 degrees 21' W, 455 . 0 feet to the beginning of this tract. This tract is leased for grocery store, etc. Tract No. 1A-Beginning at the northwest corner of Tract No. 1 described herein, said point being the beginning of Tract No. 1A; Thence N 21 degrees 39 ' E, 330. 0 feet; Thence S 68 degrees 21 ' E, 500. 0 feet; Thence S 21 degrees 39 ' W, 330. 0 feet; Thence N 68 degrees 21 ' W, 500. 0 feet to the point of beginning. This tract is leased for residence, etc. Tract No. 2 - Beginning at the northeast corner of the A.T.N.C. Survey, Block 111, Archer County, Texas; Thence west 2,387 . 0 feet; Thence south 1 , 943. 0 feet to the northwest corner and beginning corner of this tract; Thence S 87 degrees, 00 ' E, 331. 0 feet; Thence S 3 degrees, 00' W 113. 0 feet; Thence S 86 degrees, 58 ' W along the high water line (elevation 1050) , 326.5 feet; Thence north 148. 0 feet to the beginning corner of this tract and containing 0. 985 acres, more or less. This tract is leased for boat docking, stor- age, etc. Tract No. 2 may be relocated to any like area between such present location and the North end of the dam as may be mutually agr/eed upon between V C such present location a-.d the North end of the dam as may be mutually acreed upon between Lessee and the City Manager. (2) That a true and correct plat of such premises is attached hereto and identified by both of the parties and represents a proper survey made of the premises by the Engineering Department of the City of Wichita Falls. (3) That the consideration for the granting of the leasehold estate herein demised is as follows: Lessee is to pay Lessor the sum of Six Hundred Sixty and No/100 Dollars each year, payable on the basis of Fifty-five Dollars per month, in advance, such monthly payment to be due and payable on the first day of each month during the term of this contract, together with the payment by the Lessee to the Lessor of an amount equal to 2 . 25% of the gross revenue of the business conducted on these premises of whatever kind or character in excess of Twenty Thousand and No/100 Dollars up to and including Forty Thousand and No/100 Dollars; 5% of the gross revenue of the business over the sum of Forty Thousand and No/100 Dollars up to and including Sixty Thousand and No/100 Dollars; and 10. 0% of the gross revenue of the business over the sum of Sixty Thousand and No/100 Dollars of the preceding calendar year, on or before the 22nd day of May of each year during the life of the contract or any extension of this lease. (4) That the term of this lease is for a period of seven (7) years beginning the 1st day of August, 1980. (5) The Lessor agrees not to lease to any person the area shown on the attached map which is marked off and designated as "boundary for commercial rights" or any other area on the North side of said lake for any similar business to that to be conducted by the Lessee hereunder. Lessor further agrees -2- Lessor further agrees not to lease to any person any area for commercial purposes, whether on the shore or on the water, on the north side of Lake Kickapoo. Such "north side" as here used shall mean that side of Lake Kickapoo lying north of the channel of the Little Wichita River. (6) The Lessee has the option to extend the term of this lease for an additional period of ten (10) years beginning August 1, 1987 by giving notice thereof in writing to the Lessor of her desire to do so at least sixty (60) days prior to August 1, 1987. (7) It is understood and agreed by and between the parties hereto that the premises covered by this lease are on the watershed to Lake Kickapoo and the primary use of said Lake Kickapoo is as a city water supply for the City of Wicita Falls, Texas, Lessor, and that a secondary use thereof is for the purpose of recreation for the citizens of Wichita Falls and the public generally, and in consideration of the granting of the leasehold interest hereof, Lessee covenants and agrees as follows: (a) Lessee agrees that any and all future buildings placed on the leased premises shall be on a site approved by the Lessor. (b) Lessee agrees to operate a general store in the main building located on Tract No. 1, and to stock good qual- ity merchandise such as is kept in like places of business, specifically ice, soft drinks, staples, convenience store type groceries, fishing tackle, and if desired, boats and motors for rent to patrons, motor fuel, gasoline, oil, and etc. Enumeration of these specific items is not a limitation, but is a designation of the class of the stock of merchandise to be stocked by the Lessee. Lessee agrees that prices to be charged for such merchandise and services shall be comparable with convenience store prices charged in the City of Wichita Falls, -3- (c) Lessee may, at her option, build any dock, fence , pier, or any other structure on the leased premises with the prior written approval of the City Manager as to location, size and quality. (d) Lessee agrees that she will keep the said store on said premises open for the public for business at all reason- able hours, including such hours that are necessary to the service to patrons for fishing tackle, boats, motors, fishing bait; and that the same shall be kept open for not less than six (6) hours out of each 24-hour day, at least 6 days a week. Hours will be posted on exterior of building in public view. (e) The leased premises shall be kept clean by the Lessee and she shall provide for disposal facilities for waste matter, trash, and garbage as required by the Lessor, and par- ticularly that said premises shall be kept free from anything that would likely contaminate the water in said Lake Kickapoo. Sewage disposal facilities shall be provided by the Lessee in accordance with the requirements of the Health Department of the City of Wichita Falls, and the requirements of the Health Department of the State of Texas. (f) Lessee agrees that no livestock shall be kept on the leased premises designated Tract No. 1 and Tract No. 2 . Tract No. lA may be used for the keeping of livestock for personal use only providing that Tract No. lA be fenced and kept separately from Tract No. 1. The premises shall be kept clean and free of all paper, cans, and garbage in accordance with City of Wichita Falls ordinance requirements now or hereafter enacted; and all garbage shall be kept in containers which shall be furnished in sufficient quantities to meet the requirements of keeping the premises clean and free from any debris or trash. (g) Lessee agrees to use a reasonable degree of care to prevent improper conduct on the part of any person or persons on the premises, including members of her own family or her -4- i excepted. (8) Notwithstanding the provision of Section (3) of this lease, it is specifically agreed that the Lessee is to pay, and the Lessor shall accept the sum of Thirty Seven and 50/100 Dollars per month, due the 1st of each month, for the first five months, that being the balance of the calendar year 1980. The parties further agree that as of January 1, 1981, the lease payments shall be as set out in (3) above. (9) It is agreed that if the Lessee violates any provision of this contract; either in whole or in part, or if the Lessee fails on her part to obey the future rules and regulations for Lake Kickapoo as may be propounded by the Lessor, or if in the opinion of the Lessor, the Lessee becomes an unsatisfactory tenant, because of her failure to meet the general wants of the public, or of her failure to render any service to the general public as outlined herein, or should the Lessee fail to conform to the terms of this contract, or any one of them, then this lease may be terminated by the Lessor' s written notice of termination, and the Lessee shall have sixty (60) days from the date of such termination to either dispose of her property to some person who would be acceptable to Lessor as a future tenant, or to remove her improvements and personal property from the leased premises, provided, however, that she shall not damage any real or personal property belonging to this Lessor, or any other Lessees of this Lessor in so moving her property from the premises. (10) In the event that the Lessee does not dispose of her interest at the expiration of the sixty (60) day period, Lessor shall have the right to take possession of the same in its entirety and Lessee agrees that Lessor may dispose of such property either at public or private sale to the highest acceptable bidder, and the proceeds shall be applied, first, -6- to the expense of holding same; second, to any indebtedness owed Lessor by Lessee, and the remainder, if any, shall be paid to Lessee. (11) It is further mutually agreed by the parties hereto that this contract is performable in Wichita County, Texas, and that the monies due under such contract are payable at the office of the City Clerk in the Memorial Auditorium in the City of Wichita Falls, Wichita County, Texas. In testimony whereof, witness our hands, this the day and year first above mentioned. CITY OF WICHITA FALLS BY City Manager ATTEST: City Clerk Approved as to form Assistant City Attorney i "L(6-71sbe jaryvDenney -7- 2367.0' IRON BOLT- N.E, CORNER OF A.T.N.C, SURVEY BLOCK III N o ' fn O CITY PROPERTY _ EAST FENCE F- O 00, a ' p + O 90 9 500 0' ; rn in V. o O NI M TR 8 m /S C GOO TR ql N 1` Y + 2l' to F to ° O r T Spp.p • s8 RqC s0. re)im � Ae N 890 16'W 48.6' F. M. ROAD NO. 368 h J to'a a h w U XQ tL O oaw z S 87000'E 331.0'cc 3 vivo � � . 0 0 =_ TRACT TWO 0 Z S ."B W' 326.5� A SURVEY PLAT OF HIGH WATER LINE COMMERCIAL TRACTS ONE �► TWO AT LAKE K I C KAP00 --_� IN ARCHER COUNTY , TEXAS EuT. 24,1477— SCALE: 1 11 = 200�