Min 12/02/1980 222
Wichita Falls, Texas
Memorial Auditorium Building
December 2, 1980
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.
Kenneth Hill Mayor
Marvin Traywick
John Hampton, Jr.
Carol Russell Aldermen
Curtis Smith
James B. Thomas
Horace 0. Boston
I
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
The invocation was given by Alderman Traywick.
Mayor Hill recognized Paul Latture, Executive Vice President of the BCI .
Item 3
Moved by Alderman Thomas that minutes of the meeting held November 18, 1980,
be approved.
Motion seconded by Alderman Russell , and carried unanimously.
1 Items 4a - 7e
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Items 5b, 6c, and 6g were moved to the regular agenda.
Moved by Alderman Smith that the Consent Agenda be approved, excluding
Items 5b, 6c, and 6g.
I Motion seconded by Alderman Thomas.
Item 4a
✓ORDINANCE NO. 3748
i
AN ORDINANCE RELEASING AND ABANDONING ALL RIGHTS TO A TEN FOOT STRIP
UTILITY EASEMENT BETWEEN LOTS 1-A AND 1-B, BLOCK 4, SIKES ESTATES,
SECTION A.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and
Boston
Nays : None
r Item 5a
/ RESOLUTION NO. 2681
RESOLUTION AWARDING CONTRACT TO CROOKHAM AND VESSELS FOR SANITARY
SEWER EXTENSIONS AND RIVER CROSSING IN TANGLEWOOD ADDITION AREA.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of sanitary sewer extensions and river crossing in Tanglewood Addition area in the
City of Wichita Falls; and,
223
Item 5a, cont'd.
WHEREAS, five bids were received, and it is found that Crookham and Vessels
Construction Company of Sherman, Texas, whose bid is $129,371 .20, is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Crookham and Vessels Construction Company in the amount of
$129,371 .20 is hereby accepted and the City Manager is authorized to execute for
the City of Wichita Falls a contract with Crookham and Vessels Construction
Company for the construction of such facilities.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5c
/ RESOLUTION NO. 2682
RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR
UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM IN KIWANIS 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, to Texas Electric
Service Company for an underground electric distribution system in Kiwanis Park
is hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5d
RESOLUTION NO. 2683
A RESOLUTION AUTHORIZING MAINTENANCE OF ONE ADDITIONAL IBM 3330-11
DISK STORAGE UNIT.
WHEREAS, the Board of Aldermen approved the purchase of an additional IBM
3330-11 Disk Storage Unit; and
WHEREAS, maintenance of said unit is essential ; and
WHEREAS, funds are available for transfer to the maintenance account (11-011-4320) ;
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 add the IBM 3330-11 to the existing
maintenance contract with the International Business Machine Corp. at a cost not to
exceed $2,520.00 for FY 80/81 .
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5e
, RESOLUTION NO. 2684
RESOLUTION APPROVING SPECIAL ADJUSTMENT OF 1980 TAX ASSESSMENT LIST.
WHEREAS, after the preparation and certification of the 1980 tax assessment list,
which contained the total assessed value in the amount of $1 ,242,007,630, correction
4
224
Item 5e, cont'd.
of errors and discrepancies in the amount of -$8,988 were made to such assessment
list in the preparation of the final billing roll , which totals $1 ,241 ,998,642.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
A special blanket adjustment in the amount of -$8,988 to align the total
assessed value in the amount of $1 ,242,007,630 on the certified assessment list
to the total assessed value in the amount of $1 ,241 ,998,642 on the final billing
roll , is hereby approved.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5f
/RESOLUTION NO. 2685
RESOLUTION DECLARING NECESSITY FOR THE ACQUIRING APPROVING APPRAISALS
AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN UTILITY EASEMENT
FOR SANITARY SEWER MAIN EXTENSION IN TANGELWOOD ADDITION AREA.
WHEREAS, it is necessary to acquire the easement hereinafter described for
the construction of a Sanitary Sewer line extension; and,
WHEREAS, such easement has been appraised by City staff for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Section No. 1 : It is necessary to acquire the easement for sanitary sewer
on the following properties in Wichita Falls, Texas:
West Company:
A 20 foot wide easement beginning at a point in the east line of a
148.8 acre tract conveyed from Lucy Lombardi Barber to Gordon T.
West, Trustee, Vol . 1094, page 575, Wichita County Deed Records,
said beginning point being 874 feet north from its southeast corner;
Thence S. 750 40' W. 575.5 feet to a point on the East Bank of the
Big Wichita River.
Gordon T. & Ellen B. West Estate:
A 20 foot wide easement beginning at a point in the East line of
J. R. Cook Survey, A-40 said point being eight (8) feet south from
the northwest corner of a 108.25 acre tract conveyed by Dan Roberts
to Eleanor 0. Roberts by deed recorded in Vol . 654-237 Wichita County
Deed Records; Thence S. 750 04' W. 1360.5 feet to a point on the
east line of West Company 148.8 acre tract, 874 feet north from its
southeast corner.
The total appraised value for both tracts at $3.00 per rod is $352
which is approved in this resolution.
Section No. 2: The approved value of such easement is hereby approved and
the City Manager is hereby authorized to purchase such easement in the name of
the City of Wichita Falls, Texas. The authorized price to be paid for such
easement is the value as determined by the appraisals made by City staff referred
I
to above.
Section No. 3: In the event the City Manager is unable to purchase such
easement for such approved value he is hereby authorized and directed to cause
to be instituted condemnation proceedings to obtain such easement in the name
of the City of Wichita Falls , Texas. He is further authorized, when in his
judgment it appears to be in the best interest of the City to do so, to purchase
such easement for more than the appraised value in order to save the estimated
cost of condemnation.
225
Item 5f, cont'd.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6a
The low bid for front end loader containers for the Sanitation Department was
awarded to Fuqua Enterprises, Inc. , in the amount of $21 ,037.00.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 6b
The low bid meeting specifications for three front loading garbage compaction
units was awarded to Pak-Mor, Inc. , in the net amount of $202,351 .57.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6d
The low bid for a backhoe and front end loader for Public Utilities Department
was awarded to Trinity Equipment Company in the amount of $18,284.00.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 6e
The low bid for an articulated wheel loader for the Public Utilities Department
was awarded to Case Equipment Company in the amount of $14,225.00.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6f
The bid for two emergency warning sirens was awarded to Fire Appliance Company
in the amount of $16,142.00. City Attorney H. P. Hodge, Jr. explained that the
availability of service on this equipment is the reason for recommending the second
low bid. History has shown this to be a very important factor in the initial
installation.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Alderman Traywick commented that it seems we are leaving ourselves open for
leaving two sirens off and taking informal bids on them, even though it is less
than $5,000.00. He stated that it could have been handled better. --
Item 6h
RESOLUTION NO. 2686
RESOLUTION ACCEPTING BID FOR ONE IBM 3330-011 DISK UNIT.
WHEREAS, an additional disk storage unit is required and was planned, programmed
and budgeted for FY 80/81 ; and,
WHEREAS, substantial savings to the City can be realized over the expected use
period of this equipment by purchase in lieu of rental ; and,
WHEREAS, funds can be transferred to appropriate accounts for purchase and
maintenance of the equipment; and,
i
226
Item 6h, cont'd.
WHEREAS, the City advertised for bids for such equipment; bids were received
from four bidders, and it is found that the bid of IPS Computer Marketing Corp.
in the amount of $19,450 was the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
There is hereby accepted the bid of IPS Computer Marketing Corp. for one
3330-11 Disk Storage Unit for the purchase price of $19,450.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6i
RESOLUTION NO. 2687
A RESOLUTION ACCEPTING BID FOR REPLACEMENT WORD PROCESSING EQUIPMENT.
WHEREAS, current IBM Magnetic Tape Selectric Typewriter and Composer
equipment, acquired in the early 1980's, has become technologically obsolete,
difficult and expensive to maintain; and,
WHEREAS, replacement action was planned, programmed and budgeted to provide
continued and improved word processing support; and,
WHEREAS, funds to purchase replacement equipment were approved in the
FY 80/81 budget; and,
WHEREAS, the City advertised for bids for such equipment; bids were received
from five bidders, and it is found that the bid of Lanier Business Products for
the LTE-3D system was the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
There is hereby accepted the Lanier Business Products, Inc. bid for a Lanier
No Problem , LTE-3D System and related software, including the trade-in allowance
u of $1 ,000 for existing equipment, in the amount of $13,150.00.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
I tem 7
Minutes of the meetings of the following boards and commissions were received.
a. Board of Electrical Examiners--November 18, 1980
b. Mayor's Commission on Status of Women--November 6, 1980
c. Traffic Commission--November 11 , 1980
d. Planning Board--November 12, 1980
e. Traffic Safety Council--November 5, 1980
Mayor Hill stated that he is opposed to a proposal by the Traffic Safety
Council to report on traffic violations of their neighbors.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 5b
/RESOLUTION NO. 2688
RESOLUTION APPROVING CHANGE ORDER AND ACCEPTING CONSTRUCTION OF
CONCRETE FLAT WORK IN VARIOUS CITY PARKS.
227
Item 5b, cont'd.
WHEREAS, the City of Wichita Falls and M & F Litteken Company entered into a
contract dated September 8, 1980, whereby the contractor agreed to construct certain
concrete flat work in various City parks for the sum of $16,260.40; and,
WHEREAS, at the request of the Williams Park neighborhood group, it was determined
to be advisable to increase the size of the specified multi-purpose 30 ft. by 30 ft.
slab at Williams Park to a full-size basketball slab, 54 ft. by 88 ft. , and a change
order to that effect should be approved, which would increase the contract price by
$2,360.94, to a total of $18,621 .34; and,
WHEREAS, such concrete flat work has been completed in accordance with the plans
and specifications, for which the contractor is entitled to be paid the total sum
of $18,621 .34, of which $16,714. 14 has been paid, leaving a balance due of $1 ,907.20.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of such concrete flat work in the City parks is hereby accepted
by the City, such change order is hereby approved, and the City Manager is authorized
and directed to pay to the contractor the balance due of $1 ,907.20.
Moved by Alderman Hampton that Resolution No. 2688 be passed.
Motion seconded by Alderman Traywick.
Alderman Hampton questioned why this was not designed as a basketball court
in the first place? It would be more useful as a basketball court rather than a
slab. If we are going to put something in a park, we should do the best we can.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6c
Alderman Thomas inquired into the capability of the most recent street sweeper
which we purchased. Ernest Lillard, Director of Public Works, stated that it is
about like the others. It is still a mechanical machine. The one now recommended
is an air sweeper, which will make our fleet more versatile with various sweeping
capabilities. It will be used primarily on thoroughfare streets, and in residential
areas. It will not be put in areas where water runs down the street and dirt coming
down the curb lines. It will not be put on streets where new subdivisions are
being built. Alderman Smith asked about the down time on these machines.
Moved by Alderman Thomas that the alternate bid for a street sweeper be
awarded to Environmental Sales and Service, Hurst, Texas, in the amount of $60,500.
Motion seconded by Alderman Hampton, and carried unanimously.
'Item 6g
Alderman Hampton stated that he would like to see a proposed diagram of the
Municipal Airport parking lot.
Jack Griffin, Acting Director of Traffic and Transportation, stated that he "ff
did not have a diagram, but that they will have a combination gate at the north
entrance so that it can be used for both entrance and exit. In case one gate becomes
inoperable they will have double capacity. Alderman Hampton questioned whether the
matter of security had been considered in maintaining the main gate at the same place?
Jack Griffin stated that we have one security guard on an 8-hour shift.
Alderman Smith noted some problems at the Activities Center, also. He feels we
should beef up that security force. He requested the City Manager to look at these
two problems. Police Chief Harrelson stated that it would involve putting a special
officer at these places. Alderman Smith stated that he felt the Activities Center
would be a worthwhile place for a special security officer.
228
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✓Item 6g, cont'd.
Moved by Alderman Hampton that the bid for parking gates at Municipal Airport
be awarded to Signal Control Systems, Inc. , in the amount of $5,404.00.
I
Motion seconded by Alderman Smith, and carried unanimously.
Item 8a
A proposed ordinance was presented closing the East-West alley in the West
half of Curtis James Subdivision, a replat of Block 254 Original Townsite.
Alderman Traywick explained that he is a principal in this matter, and that
he will decline any discussion or voting on the issue. He left the Council floor.
City Manager Stuart Bach stated that the ordinance he handed out this morning,
of which the City Clerk also has a copy, is being substituted for the previous
ordinance in the agenda folder. The substitute ordinance will require the paving
of the North-South alley.
ORDINANCE NO. 3749
AN ORDINANCE CLOSING AND ABANDONING THE EAST-WEST ALLEY IN THE WEST
HALF OF CURTIS JAMES SUBDIVISION, A REPLAT OF BLOCK 254, ORIGINAL
TOWNSITE OF THE CITY OF WICHITA FALLS, TEXAS.
Moved by Alderman Hampton that the substitute ordinance presented this
morning be passed.
Motion seconded by Alderman Smith.
City Attorney H. P. Hodge, Jr. read a letter into the record (copy attached)
from Perry Wesbrooks, attorney for Mr. Edward Mawson. Mr. Mawson opposes the
closing of this alley.
Mr. Hodge explained that under the law, a person cannot enjoin an alley
closing if their property does not abut on it. Mr. Mawson's property does not
abut on the portion of the alley being closed. A person is also not damaged if
he has access to his property by some other way.
Hank Anderson, attorney for Don Oliver, of Poteet and Oliver, 3511 McNiel ,
presented a drawing of the planned construction. Mr. Anderson agreed with the
explanation of Mr. Hodge. Mr. Oliver stated that the closing is not for private
purposes. There are many more things involved here. Mr. Anderson cited a
San Antonio case where a situation like Wichita Falls was upheld in court.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston
Nays : None
" Item 8b
A public hearing was opened on the 1980 annexation program. No one desired
to be heard.
It was pointed out by the City Manager that a portion of Tract One (Foster
Cathead Plant) and all of Tract Two (Wilson Manufacturing Company) have been
eliminated from the ordinance.
,/ORDINANCE NO. 3746
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS,
TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS
OF THE CITY OF WICHITA FALLS , TEXAS, WHICH LANDS ARE DESCRIBED IN
THIS ORDINANCE.
229
Item 8b, cont'd.
Moved by Alderman Thomas that the public hearing be closed, and that Ordinance
No. 3746 be passed.
Motion seconded by Alderman Hampton , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 8c
Consideration was given to an ordinance setting rates for Lone Star Gas Company.
City Manager Stuart Bach explained that the City and Lone Star Gas negotiated
for the rate increase which is proposed. He feels that the proposals are equitable,
and explained comparisons between the present and proposed rates.
Bill McMorries , rate consultant for the City, explained that the federal
government has mandated that we move in the direction of cost effective rates. The
average residential customer used 6.9 mcf in the summer. Two factors are to be
considered by the gas company. The volume factor is that you account for the loss
of the gas volume in the system. The tax factor is the revenue it must pay for the
franchise tax.
Reconnect charges were discussed. No charge is made to cut off the gas, but
there is a reconnect charge. Alderman Thomas noted the difference in charges during
work hours and off-duty hours.
Alderman Traywick stated that he had no objections to their proposal , but it
is the impacting of this on our senior citizens group. It is not to say that it
is inequitable. If they use the service, they should pay their portion.
City Manager Stuart Bach explained that with this change, they can impose gas
cost adjustment immediately instead of waiting 30 days, as is the present policy.
David Liles , Manager of Lone Star Gas Company, explained that the five percent
penalty has been removed in the proposed ordinance. It will be due and payable ten
days after the bill is rendered; however, there is no monetary penalty for going
beyond that date. If the bill is not paid within 25 days, gas service would be
terminated. He stated that their percentage of past due accounts goes from 12 to
30 percent. Their percentage of charge-offs is quite small .
The reconnect charge is being increased from $5.00 to $20.00. Alderman Thomas
noted that this is a 400 percent increase. Mr. Liles explained that this is what
it costs them to perform this service. (The actual cost is $21 .13) . Alderman Thomas
questioned this cost due to the probability that they would be reconnecting several
at the same time. It was explained that for this cost they have disconnected the
service initially, then they go back to reconnect, and light the pilots in the house.
Mr. Liles stated that they try to work with the customer, and give them every opportunity
to prevent the gas from being cut off in the first place. City Manager Stuart Bach
noted that most utility companies will work with hardship cases. Mr. Liles noted
that most of the reconnect charges is from people moving around town, rather than just
not being able to pay. Final notice is sent to each customer before gas is cut off.
Bill McMorries discussed reconnect charges. He stated that in certain areas
they were able to show that their reconnect charges were over $20.00. This is kind
of a balance, stating that $5.00 does not cover the cost. He stated that PURPA has
extensive regulations concerning reconnects.
Alderman Thomas asked if the Council has any prerogative to change any of these
factors after the ordinance is adopted? The City Manager stated that they could
bring it up again.
Alderman Thomas inquired if they could have a $10.00 reconnect charge for non-
payment, and a $20.00 charge for moving from one place to another? Mr. Liles stated
that if this cost is not recovered from those who generate it, then it will be
recovered in the gas rate, which will be penalizing those who do pay.
230
Item 8c, cont'd.
/ORDINANCE NO. 3750
AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE
CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS
WITHIN THE CITY LIMITS OF WICHITA FALLS, TEXAS, PROVIDING FOR THE MANNER
IN WHICH SUCH A RATE MAYBE CHANGED, ADJUSTED AND AMENDED, AND PROVIDING
FOR A SCHEDULE OF SERVICE CHARGES.
Moved by Alderman Hampton that Ordinance No. 3750 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston
Nays: Mayor Hill
Item 9a
A proposed resolution was presented adopting a revised industrial annexation
policy.
.'RESOLUTION NO. 2689
RESOLUTION ADOPTING AN INDUSTRIAL ANNEXATION POLICY, ESTABLISHING
ELIGIBILITY CRITERIA FOR INDUSTRIES TO CONTRACT WITH THE CITY FOR
IMMUNITY FROM ANNEXATION AND PROVIDING FOR CONTRACT TERMS AND
CONDITIONS.
WHEREAS, on February 7, 1978, the Board of Aldermen of the City of Wichita
Falls adopted Resolution No. 2088, which adopted an Industrial Annexation Policy,
which policy was recommended by the Planning Board, the purpose of which was to
provide prospective industries, the Board of Commerce and Industry, and the
City's administrative staff with definitive guide lines concerning industrial
annexation; and,
WHEREAS, it is deemed advisable to expand such policy to provide for
situations where industries located within the City desire to build new plants
outside the city limits.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
SECTION 1 . That certain Industrial Annexation Policy, a copy of which
is attached hereto, is hereby adopted.
SECTION 2. Resolution No. 2088 is hereby repealed.
Moved by Alderman Thomas that Resolution No. 2689 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 10b
Alderman Smith requested an investigation of Cable TV not performing
according to the contract. City Manager Stuart Bach stated that he will be
meeting with them. They are experiencing problems with supplies.
Alderman Thomas noted an article in the Wall Street Journal regarding cost
' of living. According to the article, this part of the country has a better
standard of living than some other areas.
I
231
Item 10b, cont'd.
Alderman Russell favorably commented on us letting citizens know what we are
doing.
Alderman Traywick complimented the City Manager on initiation of the Action
Grams.
v Item 10a
The Board of Aldermen went into executive session at 10:30 to discuss personnel .
Upon reconvening the meeting, the following action was taken.
Moved by Alderman Traywick that the following be appointed to the Community
Development Advisory Committee, subject to their acceptance.
a. Mrs. Urbane Black
b. Mr. Marion Bowling
c. Mr. Louis Esquibel
d. Mr. W. 0. Everett
e. Mr. Otis Polk
f. Mr. Bob Balch--Planning Board representative
g. Mr. Joe Mike Pistocco--Planning Board representative
h. Mr. Ken Larson--General Manager, T.C. White Co.
i . Mr. Douglas James--Parker Square Bank
j. Mr. Curtis Willis (alternate)--North Texas Federal
Motion seconded by Alderman Hampton, and carried unanimously.
The Board of Aldermen adjourned at 10:50 A.M.
PASSED AND APPROVED this Z12_day of ,Ice c� 1980.
MAYOR
ATTEST:
f
C TY CLERK
i
EASEMENT
THE STATE OF TEXAS KNOW ALL NIE'N 13Y 7' IEN". PRESENTS:
COUNTY OF .......WICHITA.....I...................
That THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING
HEREIN BY AND THROUGH ITS, DULY AUTHORIZED OFFICERS
4
for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac—
knowledged, to us in hand paid by 'TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant,
bargain, sell and convey unto said Electric Company an easement and right—of—way for the construction, reconstruction, maintenance,
operation and removal of an underground electric distribution system over, across and under those certain lands described as:
Being described as the east one-half tract of land out of Block 22 ,
of the Denton County School Lands , Leaguc 1 , Wichita County, Texas ,
and being more particularly described in that certain deed as re-
corded in Volume 285 , Page 196 , Deed Records of Wichita County,
Texas , to which reference is made for all purposes.
The centerline of the 10-foot wide easement herein granted is
described as follows :
BEGINNING at a point in the west line of above said tract, said
point being 915 feet North of its Southwest corner;
East
THENCE North 77 degreesA420 feet to a point.
BEGINNING again at a point in the East line of above said tract,
said point being 1795 feet North of its Southeast corner;"
THENCE South 75 degrPes West 575 feet to a point.
together with the right of ingress and e{;ress along and upon said easement strip and overall(] across Grantor's adjoining properties
for the purpose of constructing, rcconstructin�, maintaining, operating or removing said underground electric distribution system, and
the right of ingress and egress oil the lands immediately adjoining such easement strip as may be necessary to accommodate needed
machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or
bushes on or in the immediate vicinity of such easement strip as may be necessary in the sole judgment of Electric Company to permit
the proper construction, reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con—
structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and
at no cost to Electric Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri—
bution system.
The wires and/or conduits to be erected on the above described property by I-;Iectric. Company shall be laced underground, except
that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determined
by Electric Company.
TO HAVE AND TO HOLD unto the said Electric Company, its successors and assigns, forever.
WITNESS OUR HANDS this ................................... clay of ......................................... .. 19...........
ATTEST: THE„CITY OF WICHITA FALLS,.,,,,,,,,,,,,,,,,,,,,,,
A MUNICIPAL CORPRA OTION
Vail ma J. Thomas, City Clerk B.........Stuart..... ............................................
A. Bach, City Manager
.....................................................................................
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- ALt,achment to R('. �,lutiol: No.
1Nllus,ri 1, ANN1`AAT1ON L'(,)I,ICY
CITY OF WICHITA VAI,LS , TI?XAS
This Industrial Annexation Policy is fni IM111y adOI+t d by the Board of Aldermen
in the interest of providing prospective industries and industrial c-.I,�lnsions,
the Board of Commerce and Industry acid the City Admi-nistrative St."Iff with
definitive guidelines to be used in the Annexation policies of the City. This
Policy shall he applicable to both defilled industrial parks and to are:ls outside
industrial parks which are susceptible or planned for inclustrial land uses.
The Standard Industrial Classificatioll (SIC) code sJmll be used to classify indus-
tries. Only economic activities with the SIC code 2 and 3, Manufacturing, shall
be eligible to be considered as dualificd industries.
This Policy shall apply to any new industry of a desirablc,typc that will create
new employment, that will benefit the local economy , teat does riot locate adjacent
to Wichita Falls in order to primarily serve the Wichita Falls trade �u'e;l and that
desires to build ill industry on a tract of lruhd adj,lcent or in close hroaimity 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.
This policy shall also apply to an_y existing industry of a desirable type that
chooses to substantially expand its facilities and work force in the Wichita Frllls
area oil a tract that is adjacent or ill close proximity to, but not in the City of
Wichita Falls , and such expansion is not primarily to serve the Wichita Falls
trade area. This Policy shall apply to those existing industries which are triable
to find and purchase .�tli.table expansion sites within the City of Wichita F;llls ,
which will invest substrultially more funds in new plant and ecluip:ilent. over Ind
above current levels of investment inside the city and to those industries which
will employ substantially more people Ihan are c1l1're1ltly employed in their exist-
ing facilities. This provisholl of thisPolicy recognizes that increased investment
and increased employment fponh bona fide industrial expansions will greatly
enhance the economic base of the City of Wichita 1�'alls.
In addition , this Policy shall plot apply to any industry locating in the vicinity of
Wichita Falls .by reason of its own convenience and necessity ill order to serve
Wichita Falls and its trade area. To do so would jeopardize the position of com-
petitive industries already located in and paying tares in the City of Wichita
Falls.
Industries locating outside of the city limits of Wichita Falls utilizinf� the City's
water and /or sewer utility facilities shall be annexed to the city limits; of SVichita
Falls within the calendar year immediately after the calendar year of their
beginning industrial operations within their plant. Or, prior to bcl"jiming con-
struction of their philit facilities or oceup,ying existinf; facilities, an industl Sy may
nlrlke application to th:.� Board of Aldermen fora formal contract with the City of
Wichita Falls under one of the two following conditions:
1. The City of Wiclhita Falls f;-uarantecs the Coll tinu"ltion of the extr:l-territorial
SOWS of the industry's tract of ]mach , lllld it's immunity Irolll annexatioll by the
City for a period of five (5) yetlrs I)OO1111ing with the January 1st i:muediately
followintr the execution of tile. contract. In addition , the City agrees to furnish
an industry that it enters into a formal five (5) year contract the followin;;':
" a) Water service to the indusiry's Lract of land at rates equal to '110'.; of the
rates chm-ged to users located within the city limits throughout the terms of
the contract.
b) Sanit,,iry sewer service to the industry's trri(,1 of land gal rater equal to
2000 of the rates charged to users located within 010 city limits t iroughout
the term of the contract.
c) Solid waste collection and removal service to the industry's tr< <'i of land
at rates equal to 150„ of the rates charged to conunercial and buy �iiess estab-
lishments within the city limits throughout the term of the contra-�t.
2. The City of GVicllita Falls g � ees e _ tion of the extr��-territorialconilua
status of the industr v's tract of land grid its immunity from allnexati,m by the
City for a period of s(_�ven (7) years begilillillp, with the January 1st immediately
following the execution of the contract , and the industry will hay to the City
each year during the seven (7) years of' the contract, as payment i. lieu of
taxes, an amount ill cash equal to 25`,; of that amount that their nori,::ll City taxes
would have been that yeal:- had they been in the city limit-s. hz ad(l�.tion , the
City agrees to furnish an industry 1:hat it inters into a formal sever, (7) year
contract the following:
a) Water service to the industryes tract of land at gates equal to 150'� of the
rates charged to users located within the city liillits throughout i ife terms of
the contract.
b) Sanitary sewer service to the industryes tract of land at rate,, equal to
150 ,! of the rates charged to usCI:S located within the city limits t ilroughout the
terill of the contract.
c) Solid waste collection and reilloval service to the induslry's tr;lc�t of land at
rates equal to 125`,; of the mates charged to conlulercial and basin(-: s establish-
ments within the city limits throughout the term of the contract.
3. This paragraph applies to existing industries which are presenti located in
the City of Wichita Pills and which sleet the criteria set forth above for expan-
sions of existing indlistrics outside the City of Wichita Falls. As wi! h new indus-
tries , such expandin,l existing industries shall have available to them file non-
annexation options stated llcreirlabove. Since, however, such existimg industries
are frequently only Coll terilhla Lill g expansion, and economic , work force and other
factors may intervene to delay or completely cliulinate those expansion plans , and,
in an effort to assure that the intentions of this Policy are not cireunlvented for
those or other reasons , participating industries must agree to pay the City an
amount equal to what their norm;il City taxes would have been had t iey been in
the city limits. This nmourat, as payment in lieu of taxes, shall be (lue and
payable within 12 months after the effective date of any non-annexation agree-
ment and s11a11 be Imid only it' the contemplated expansion is not physically under
way and being actively pursued within that 12-month period.
Industries not utilizing,, water an(I/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 Lv.ichit;l halls at such tune as the
logical step by step i nlex(ition program would encompass this area.
THE WESBROOKS-YANDELL FIRM
ATTORNEYS d COUNSELORS AT LAW
1250 Hamilton Building
WICHITA FALLS, TEXAS 76301
FERRY WESBROOKS November 28 , 1980 Telephone (817) 322.7771
RON L. YANDELL
Mr. Stuart Bach GC�ir,�i�:i;i;� ;VA"I�
City Manager
City of Wichita Falls
P .O. Box 1.131 w.
Wichita Falls, 'Texas 76307
Mr. H. P. Bodge
City Attorney F
City of Wichita Falls ,
P.O. Box 1431
Wichita Falls, Te:,:as 76307
RE: Objection to Proposed Closinq of East/West
20 Foot Alley, Lying in the West Half of
Block 254 , Curtis James Subdivision
Dear Mr . Bach and Mr. Hodge:
This letter is to advise that I _represent Mr_ . Edward
Clawson . Mr. Mawson is the owner of a Lot. Five in Block 254
of the Curtis James Subdivision, On this property, he has
several rental units which face both to the west and to the
south. Mr. Mawson contends that he will be severely affected
(as well as his tenants) in the event thc, city undertakes to
close the proposed alley on the petition of Mr . Don Oliver et
al .
This is a matter which is scheduled to come before the
Board of Alderman on December 2 , 1980 . Both I and Mr. Mawson
attended a meeting of the planning board on November 12 , 1980
and presented Mr. Mawson ' s objections . Mr. H. P. Hodge was in
attendance in a portion of that meeting as were representatives
of the planning department. Therefore, they are fully aware
of the objections presented. Unfortunately, neither I nor my
client can be present for the December 2 , 1980 Board of Alderman
meeting because of conflicts in scheduling. However, I wanted
to submit this letter so as to present our objections to the
Board of Alderman and so as to preserve my clients rights should
he elect to procede further in the Courts .
Unfortunately, in a letter it is difficult to set out
all of the various bases which could be completely set forth at
the meeting of the board. Yet I have to be elsewhere at that
time and cannot be present.
One of the principal objections of my client is that
the proposed closing of the allay and the contemplated paving
of the dirt strip alley immediately to the west of my client ' s
lot, would constitute an inverse condemnation and could result
in damages to Mr. Maws,on. four of Mr . Mawson ' s rental units
face the unimproved dirt alley. Wc undarstand that it is proposed
that the developer is to pave the unimproved alley. We would also
like the record to .reflect that it is our client' s contention
that the north-south unimproved alley has been legally abandoned.
My client ' s rental housing was built prior to 1940.
The north-south unpaved alley has not been in use and the adjacent
land owners in this block (as is true in several other similar
blocks in the old part of town) have used the unimproved alleys
for parking purposes .
ti
The alley way which runs oast-wesu is the one which the
city and Don Oliver desire to closo . This is 41ready a paved
alley. Considerable expense was incurred by the city in paving
that alley, but it is the alley which has bnan used for many
years for city garbage vehicles . It is also th_, alley which
services all property owners in the block.
It is our client ' s position that tho city "may not validly
abandon or close a street (or alley) solely for promotion of a pri-
vate enterprise; in other words , for private benefit or use. "
Tho Jacobs_ v. the City of Denison, Dallas Court of Civil Appeal ,
?51 SW 2d 801 . This principal of i_aw is also set forth in
Gambrell et al. v. Ch_alk Hill Theatre Company , Limited et al , Austin
Court of Civil Appeals , 205 SW ?d 126 . In that case , the Court held
that an ordinance passed to ab_ndoh an alle! for private purposes
woulu be void.
,, thr)uyh there are appellate decisions to the contrary,
the one-- (2 1_ocated pertained to abandonment of alleys for
business reasons in a business district as opposed to a residential
area such as is involved in this situation.
Please place this letter in the minutes of the Board of
Alderman.
My client anticipates that he will bring litigation against
the City of Wichita Falls and the developer should the alley in
questions be abandoned in the nature of an inverse condemnation
case and possibly an injunction.
Furthermore, we would like to further indicate that a
map of the Curtis James Subdivision of Block 254 , which was
dedicated on May 24 , 1890 , reflects only a twenty foot alley
running east and west. There is no indicatibn in the written
description of an alley running north and south Mr. Gordon N. Beck,
Assistant Director of Planning or the City stated at the planning
board meeting that the City had evidence , however , that there was
a valid easement on the north-south alley. We have not checked
the title: and therefore will not at this time dispute_ this fact .
yet, it seems unusal to us that the replat of the Curtis James
Subdivsion which was entered on May 24 , 1890 made no reference
to the nurLh-svuLh galley . IF Uae nui_ th-nouLh galley has been
abandoned or in the alternative , if the City does not have any
eas`ment rights in that alley, then there could be no alley
at all in Block 254 should they abandon the east-west alley
way .
Thank you for your consideration of this letter.
Very truly yours,
Perry Wesbrooks
Pw/cm
CC : Mr . Ed Maw nun
215 Glasgow Drive
Wichita Falls, Texas 76302
Planning Dapartment
City of Wichita Falls
P.O. Box 1431
Wichita Falls , Texas 76307