Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Min 09/19/1978
20 i Wichita Falls, Texas Memorial Auditorium Building September 19, 1978 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Hardy McAlister Carol Russell Curtis Smith Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Fred E. Bassett Absent The invocation was given by Dr. Earl Crawford, First Presbyterian Church. Item 3 Moved by Alderman McAlister that minutes of the meeting held September 5, 1978, be approved. Motion seconded by Alderwoman Russell . Mayor Hill instructed the City Clerk to record his vote "No" on Item 15c, pertaining to golf fees. The motion was carried unanimously. Items 5a and 5b were moved from the consent agenda to the regular agenda. Items 4a-8b Moved by Alderman McAlister that the remaining items on the consent agenda be approved. Motion seconded by Alderwoman Russell . Item 4a An appropriation ordinance was presented to cover unanticipated bus maintenance expenses. ($3,483) ORDINANCE N0. 3368 AN ORDINANCE MAKING AN APPROPRIATION FROM THE TRANSIT FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 4b An appropriation ordinance was presented to cover utility cut repairs. ($15,000) ORDINANCE NO. 3369 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 4c An ordinance was presented reappropriating money for Martin Luther King Multi-Purpose Community Center utility expenses. 21 Item 4c, cont'd. ORDINANCE NO. 3370 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 4a ORDINANCE NO. 3371 ORDINANCE AMENDING GENERAL REVENUE SHARING APPROPRIATIONS. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 4e An appropriation ordinance was presented appropriating in federal court discrimination case. p 9 $2,500 for fees and expenses vORDINANCE NO. 3372 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 11 -091-4430, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 5c A proposed resolution was presented authorizing purchase of drainage and utility easement for 1977 Community Development Assessment Paving Program. :RESOLUTION NO. 2221 RESOLUTION APPROVING THE APPRAISALS OF PROPERTIES FOR THE 1977 COMMUNITY DEVELOPMENT PAVING PROGRAM AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the 1977 Community Development Paving Program, and WHEREAS, such properties have been appraised by an appraiser employed by the City of Wichita Falls and the amounts of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and properties to be purchased by Easement are as follows : 1977 Community Development Paving Program Draina, e and Utility Easement 0.127 ac. out of John A. Scott Survey No. 16 Abs . 306 0.032 ac out of Lot 6, J.G. Lane Subdivision 0.037 ac. out of Lot 7, J.G. Lane Subdivision 0.037 ac. out of Lot 8, J.G. Lane, Subdivision 0.037 ac. out of Lot 9, J.G. Lane Subdivision "` 0.110 ac. out of Lots 10,11 , & 12, J.G. Lane Subdivision m 0.055 ac. out of Lot 14, J.G. Lane Subdivision 0.055 ac. out of Lot 15, J.G. Lane Subdivision 0.055 ac. out of Lot 16, J.G. Lane Subdivision 0.220 ac. out of Lots 17,18,19 & 20, J.G. Lane Subdivision 0.055 ac. out of Lot 21 , J.G. Lane Subdivision 0.097 ac. out of Lot 4, Blk 1 , Ed F. Riley Sub-Div. No. 4 0.097 ac. out of Lot 2, Blk. 2, Ed F. Riley Sub-Div. No. 4 Total values approved in this resolution---------------------$2,460.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls , by Easement such tracts of land as are shown on the project right-of-way map. The authorized price to be paid for such tracts are the values as determined from the appraisals made by the real estate appriaser employed by the City of Wichita Falls. 22 t Item 5c, cont'd. any Section No. 3 In the event the herebye City aauthorizednager is nand edi�eptedhtoe such obe tract for such approved value, he instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls. Smith, Thomas , Adcock, and Alderwoman Russell Ayes: Mayor Hill , Aldermen McAlister, Nays: None Item 6a A proposed resolution was presented approving a change order for Martin Luther King Multi-Purpose Community Center. 1RESOLUTION NO. 2222 A RESOLUTION APPROVING THE CENT ATTACHED CHANGE ORDER AS ADDENDUM TO THE MARTIN LUTHER KING MULTI-PURPOSE WHEREAS, the City of Wichita Falls and Meyers Bros. , Inc. , entered into a contract dated October 26, 1977 for the construction of the Eastside Neighborhood Service Center; and, WHEREAS, on August 1 , 1978, final payment to the contractor was approved contingent upon the City Manager's acceptance of the building; and , WHEREAS, the exterior brick used on the building is unusually porous; and, of WHEREAS, the architect and contractor keep water suggested wallslastmuchta�npossible. gutters and downspouts to the building to NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached change order as addendum be approved. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 6b A proposed resolution was pncsefto�d1978horizing final Surface Treatmentment to ProgramTimmins and Anderson Construction Company, ✓RESOLUTION NO. 2223 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT ON THE 1978 SURFACE TREATMENT PROGRAM. WHEREAS, the City of Wichita Falls and Timmins-Anderson, Inc. entered into a contract wherein said contractor agreed to construct the 1978 Surface Treatment Program; and, WHEREAS, said constru ction has been completed in accordance with the specifications and as determined by the 'City Engineer, and WHEREAS, the total amount due on said construction is $62,849.65; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: The construction of the 1978 Surface Treatment Program is accepted by the City of Wichta Falls , and the City Manager is directed to pay the said contractor the amount due. Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners--September 12, 1978 b. Traffic Commission--September 12, 1978 c. Mayor' s Commission on Status of Women--September 7 , 1978 Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None 23 Item 8a Tax adjustments were approved in the amount of $6,876.89. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None ,Item 8b Olivia Palacios was appointed to the Mayor's Commission on the Status of Women, to replace Sally Reid, for a term to expire April 22, 1979. Item 9a The public hearing was opened on general revenue sharing funds for 1978-79. Ed Ilschner, Director of Traffic and Transportation presented requests as follows : I . Airport Improvements Phase 4 - $120,000 2. Airport Hangars 1 , 2, and 3 Door Repairs - $8,000 3. Airport Hangar 1 Roof Repairs - $25,000 4. High Pressure Sodium Vapor Lights - $9,000 5. Traffic Signal Installation at 9th and Beverly - $12,000 6. Replacement of Parking Meters- $34,000 Alderwoman Russell left at 9:15 for. approximately two hours. Ernest Lillard, Director of Public Works , presented the following requests. I . Purchase of Sanitation Containers - $250,000 2. Drainage Improvements - $200,000 3. Street Surface Overlay - $75,000 4. Street Seal Coat Treatment - $60,000 5. Street Reconstruction - $100,000 6. Landfill Site Study - $20,000 The following request was presented by Fire Chief Hurshel Johnson. 1 . Northside Fire Station and Equipment - $300,000 The following requests were presented by Bill Hursh, Director of Parks and Recreation. I . Expressway Village Park - $60,000 2. Park Development in Fountain Park - $100,000 3. Weeks Tennis Center Improvements - $75 000 4. Hamilton Tennis Center Court Resurfacing - $19,000 5. Loch Lomond Park Restroom - $18,000 6. Weeks Golf Course Improvements - $35,000 Joe Smith, Director of Public Utilities, requested the following. 1 . Pump and Motor for Cypress Water Treatment Plant - $150,000 2. Renovate Filters, Controls,- and Valves at Jasper Water Plant - $162,000 3. Replace Flocculator and Sludge Removal Equipment at Jasper Street Water Plant - $89,000 4. Pump and Motor for Jasper Street Water Plant - $150,000 Bob Haley, Assistant City Manager, presented the following requests. I . Central Garage Equipment Repair Facility - $166,000 2. Phase I of Civil Defense Siren Encoder System - $7,000 3. Parking Lot for North Texas Skills Center - $20,000 City Manager Gerald Fox made the following requests. 1 . Activities Center Remodeling - $500,000 2. Farmers ' Market - $100,000 3. Family Practice Residency Program - $46,000 4. Wichita General Hospital Equipment - $90,000 John Adams requested revenue sharing money for spillway and dam repairs at Lake Wichita. He felt that $100,000 over a period of two or three years should take care Of it. He also mentioned widening Holliday Creek, and keeping the banks where they can be mowed , and removal of salt which comes from Lake Kemp through the canals. 24 Item 9a, cont'd. Alanson Brown, Chairman of the Board of North Texas Senior Citizens Center, requested funds for expansion of kitchen facilities in khtchenldesignedor eto ns Cent cookel00n Burnett. They are now feeding people meals per day. He requested $25,000. Dr. Irwin Soell , Chairman of the Medical Foundation, thanked the Council for the family practice program in Wichita Falls. County ehav a incident herefund w o is working, and four others have signed up. He feels t because he had talked with Judge Anderson about it earlier in the week. Tommy Robinson appeared for Community Action Corporation, requesting $12,000 for meals on wheels program. He stated that they are presently feeding 100 persons per day, with a waiting list. He also requested $24,000 for support of neighborhood groups. The public hearing was closed. The Council discussed the projects which were presented, and tentatively recommended the following. 1 . Airport Improvements Phase IV - $120,000 2. Sanitation Containers - $250,000 3. Street Surface Overlay - $75,000 4. Street Seal Coat - $60,000 5. Landfill Site Study - $20,000 6. Activities Center Remodeling - $500,000 7. Farmers' Market - $100,000 8. Family Practice Residency Program - $46,000 9. Reserve for Contingencies - $79,000 The Council also noted the need for a capital improvements bond election, and requested some information on it. Item l0a s Employee of the Month. Mayor Hill presented him with Gordon Beck was honored a a plaque and two tickets each to an interstate theatre and dinner for two at a steak house. Item 1 Ob Bob Draper, Regional Traffic Safety Officer, and Paul Curtis , of the American Automobile Association, presented Mayor Hill with the association's highest award for pedestrian safety for the calendar year 1977 for cities with a population of 100,000 to 200,000. Mr. Draper introduced Major Jim Wetsel , Police Sergeant Kenneth Lindsey, Police Chief Curtis Harrelson, and Ed Ilschner, Director of Traffic and Transportation, who are largely responsible for the city receiving this award. Item Ila A proposed ordinance was presented increasing sanitary sewer rates. ORDINANCE NO. 3373 ORDINANCE AMENDING PARAGRAPH (b) OF SECTION 32-57 OF THE CODE OF ORDINANCES, ESTABLISHING RATES FOR SEWER SERVICE. Moved by Alderman Thomas that Ordinance No. 3373 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 11 b A proposed ordinance was presented increasing sanitation rates. . ORDINANCE NO. 3374 ORDINANCE AMENDING SECTION 17-19 OF THE CODE OF ORDINANCES TO INCREASE THE CHARGE FOR CARRY OUT SANITATION SERVICE. 25 Item llb, cont'd. Moved by Alderman McAlister that Ordinance No. 3374 be passed. Motion seconded by Alderman Adcock. Ann Bolling, 202 Morningside, appeared with signatures of 21 residents in Morningside Addition, stating that they did not want to put their garbage on the curb. They do not have alleys. Their rates are being increased from $10.00 to $20.25 per month for carry out service for more than 100 feet from the curb. They protest the rates for the citizens who have no other means of collection, or who have no container system. She stated that they want their neighborhood to look nice. Director of Public Works Ernest Lillard explained that in the length of time it takes a collector to pick up one at over 100 feet from the curb, he could pick up nine others on the curb. This is the reason for the cost. Several members of the Council commented on alley or carry-out service. Mayor Hill , Aldermen Smith and Adcock all have carry-out service. Alderman Adcock stated that they, too, have a nice neighborhood, and that they carry out their trash. Alderwoman Russell inquired if the Council should consider some kind of compromise for the people in Morningside Addition because of the unique area? She a city should look at aesthetics, setting, and feeling of its citizensels that sometimes Mrs. Bolling stated that she would not expect them to do something for their area only. There are people who have older homes who have pride in their community, and are willing to pay for it up to a point. Alderman McAlister stated if the City would require placed unless they have containers, and enforce the dog ordinance, i tgwouldae tobeliminatteisomegof these problems. The motion was carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, and Adcock Nays : Alderwoman Russell vItem llc A proposed ordinance was presented calling a special meeting and public hearing on the 1978-79 budget. ORDINANCE NO. 3375 ORDINANCE CALLING SPECIAL MEETING AND PUBLIC HEARING FOR 1978-1979 BUDGET. Moved by Alderman Adcock that Ordinance No. 3375 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None ✓Item 5a A proposed resolution was presented authorizing the City Manager to renew contracts with Fred Mount for removal of dead animals. RESOLUTION NO. 2224 RESOLUTION APPROVING CONTRACTS WITH FRED RAY MOUNT, THE COUNTY OF , THE CITY OF BURKBURNETT, AND THE CITY OF IOWA PARK, CONCERNING TTHEWICHITA PICKING UP AND DISPOSING OF DEAD ANIMALS. WHEREAS, the City of Wichita Falls entered into a contract dated October 1 , 1975 with Fred Ray Mount, concerning the collection and disposal of dead animals in Wichita County; and , WHEREAS, the City of Wichita Falls entered into contracts dated October 1 , 1975 With Wichita County, the City of Burkburnett and the City of Iowa Park whereby those Political subdivisions agreed to reimburse the City for part of the consideration paid Mount; and, WHEREAS, said contracts expire September 30, 1978. 26 Item 5a, cont'd. ED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA NOW, THEREFORE, BE IT RESOLV FALLS , TEXAS, THAT: The City Manager is hereby authorized Xofudeadte for animals ,ty of Wichita Falls which contracts new contracts with Fred Ray Mount, and disposal shall be for three years, beginning October 1 , 1978, and shall contain terms similar to the October 1 , 1975 contracts. Moved by Alderman Thomas that Resolution No. 2224 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Russell Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Nays: None Item 5b A proposed resolution was presented calling for a public hearing for renewal of note at Parker Square State Bank for T-Hangar s. ,'RESOLUTION NO. 2225 RESOLUTION GIVING PUBLIC NOTICE THAT THE BOARD OF FROM PARKERESQUARERMEN ISTATOENBANKR AN ORDINANCE AUTHORIZING A TEMPORARY LOAN BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Public notice is hereby given that, at the meeting on October 3, 1978, the Board of Aldermen will consider an ordinance authorizing OOon aenoteagyvenaforramtemporary Parker gloan State Bank to renew the balance due of $1 ,502 used to pay for T-hangars at Municipal Airport. Moved by Alderman McAlister that Resolution No. 2225 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: A es : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Y Nays: None Item 12a lution was presented increasing adult disinterment fees. A proposed reso dRESOLUTION NO. 2226 RESOLUTION AMENDING RESOLUTION NO. 2019, TO INCREASE THE FEE FOR ADULT DISINTERMENT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2019 is hereby amended by increasing the tfee for 0adult disinterment at Riverside, Rosemont and Lakeview Cemeteries Moved by Alderman Thomas that Resolution No. 2226 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 12b A proposed resolution was presented increasing swimminyearnceothefpool opened Manager stated that the revenue has decreased RESOLUTION NO. 2227 RESOLUTION ESTABLISHING ADMISSION FEES FOR LUCY PARK SWIMMING POOL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 27 Item 12b, cont'd. SECTION 1 . The following fees are hereby established for admission t Swimming Pool : o the Lucy Park Ages 7 years old and above $ 1 .00 Ages 6 years old and under free with paying qualified swimmer. Cards good for 20 swims $15.00 Non-profit organizations (for pool use by reservation, morning hours only) $ •75 SECTION 2. Resolution No. 1855 is hereby repealed. Moved by Alderman Thomas that Resolution No. 2227 be passed. Motion seconded by Alderman Smith, and carried by the following vote: „ Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None ,/Item 12c Discussion was held on increasing water rates for Archer City. Jack Mueller, Mayor of Archer City, inquired if the City has doubled its cost for water storage fr 82 cents to 17 cents? He stated that all they have is raw water. Alderman Smith om stated that our cost has to be considered in these rates because we are now looking at another lake. If we were not selling water to all these communities , we would not have to be looking for more water now. Mayor Mueller stated that in 1976 the City estimated the price of storing raw water at 42 cents, and they paid 1-2 cents. HeCouncil feels their cost has doubled in two years? The City Manager notedkvariif oushe costs involved , and on the basis of these figures , as well as an annual cost of maintaining our lake, they come up to 82 cents per gallon. Alderman McAlister stated that in 1976 the City under valued what the water was worth, and he also feels the 17 cents is still under valued. Mayor Mueller calculated that 80 percent of Wichita Falls ' lakes comes from Archer County. He stated that he believed Archer City should have held some rights to water at Lake Kickapoo. Alderman Smith stated that they have found that other cities have also under estimated their costs , and they are having to take a look at not having their citizens to subsidize other cities. Mayor Mueller requested a delay on this matter until the study is completed. He stated that he had no squabble about paying twice the price if he can be shown the figures. Maybe they do not have any right to see the figures. Alderman McAlister stated that he had no objection to extend the contract until January if Archer City would agree to pay us retroactive back to October I . An extension to November 1 was also discussed. RESOLUTION NO. 2228 RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT WITH ARCHER CITY TO INCREASE THE RATE PAID FOR WATER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT. That certain First Amendment to Water Purchase contract, a co PY of is hereto, between the City of Wichita Falls and the city of Archer City, whichhincreaseshed the rate paid by Archer City for water purchased from Wichita Falls, is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Thomas that Resolution No. 2228 be passed, and that the date on the contract amendment be changed from October 1 to November 1 . Motion seconded by Alderman Adcock. Mayor Mueller stated that they would accept the 17 cents on November 1 if the stud is not completed. The Council agreed to furnish him with the results of the study. y The motion was carried by the following vote: y Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None 28 Item 12d A proposed resolution was presented establishing rates for septic tank waste dumping. /RESOLUTION NO. 2229 RESOLUTION ESTABLISHING RATES TO BE CHARGED FOR DEPOSITING SEPTIC TANK WASTE WATER TREATMENT PLANT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: the ty Water Haulers nt shallcbeachargednk etherefors who pat�the urate ch aofe one tdollar 1per Waste of six hundred Treatment Pla gallons or any part thereof. Moved by Alderman Thomas that Resolution No. 2229 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 12e A proposed resolution was presented approving contract with the Board of Commerce and Industry guaranteeing immunity of tract of land from annexation. ; RESOLUTION NO. 2230 RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY, AS AN INDUST&IINDUUSTRY DISTRICT, GUARANTEEINGOITSGIMMUNITY CONTRACT FROMWITH ANNEXATION FOR FALLS A PERIODOF COMMERCE OF SEVEN (7) YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1 . The certain tract of land located in Wichita County, Texas, said land being more fully described in Exhibit A attached and incorporated herein , being a part of the area located in the extraterritorial jurisdiction of the City of Wichita Falls , is hereby designated as an industrial district in accordance with the provisions of Section 5 of the Municipal Annexation Act, Article 970a of the Revised Civil Statutes of Texas. SECTION 2. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Wichita Falls Board of Commerce & Industry whereby the City guarantees the continuation of the extraterritorial status of the said tract of land more fully described in Exhibit A attached and its immunity from annexation by City for a period of seven (7) years from January 1st, 1979, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . SECTION 3. Such contract shall terminate and replace that certain agreement previously entered into with the Board of Commerce & Industry and Lockwood Corporation, dated May 16, 1977 and approved by Resolution No. 1963. Moved by Alderman Adcock that Resolution No. 2230 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 12f A proposed resolution was presented opposing application of Continental Airlines for deletion of authority at Wichita Falls and Lawton. v`RESOLUTION NO. 2231 RESOLUTION OPPOSING THE APPLICATION OF CONTINENTAL AIR LINES, INC. IN CIVIL AERONAUTICS BOARD DOCKET 33343 FOR DELETION OF ITS AUTHORITY AT WICHITA FALLS AND LAWTON/FT. SILL. 29 Item 12f, cont'd. WHEREAS, in Civil Aeronautics Board Docket 28744, by Order 77-6-31 dated June 9, 1977 and Order 77-10-92 dated October 21 , 1977, the Civil Aeronautics Board authorized Continental Air Lines , Inc. to suspend service at Lawton/Ft. Sill and Wichita Falls for a period of five years, and approved replacement service to such points by Metroflight, Inc. ; and, WHEREAS, Continental Air Lines, Inc. has now filed an application in Docket 33343 for deletion of its authority at Lawton/Ft. Sill and Wichita Falls ; and, WHEREAS, Metroflight, Inc. has been providing service to Wichita Falls , Lawton/Ft. Sill , Oklahoma City and Tulsa since approximately November 1 , 1977, a period of a little more than ten months ; and , WHEREAS, the Board of Aldermen deems it in the best interest of the public and the City of Wichita Falls that such service not be deleted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls opposes the application of Continental Air Lines, Inc. for deletion of such service, and urges the Civil Aeronautics Board to deny such application. Moved by Alderman Thomas that Resolution No. 2231 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen Smith, Thomas, Adcock, and Alderwoman Russell Nays: Alderman McAlister /Item 12g - - - - - A resolution was presented for a proposed lease of tract of land at Lake Arrowhead to Claude Draper. City Attorney H. P. Hodge, Jr. , explained that Mr. Draper owns a tract of land near the lake. The City owns some land between him and the lake. Mr. Draper wanted to buy the land, but the staff did not feel it should be sold. , He then requested that he be allowed to lease it. The staff suggested a rental of $60.00 per year, which is the same as our most expensive lots at Lake Arrowhead. RESOLUTION NO. 2232 RESOLUTION APPROVING LEASE TO CLAUDE DRAPER OF LAND AT LAKE ARROWHEAD. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, whereby the City leases a tract of land at Lake Arrowhead to Claude Draper, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2232 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 12h A proposed resolution was presented authorizing the City Manager to execute agreement with Department of the Air Force for use of ramp for driver training school . RESOLUTION NO. 2233 RESOLUTION APPROVING LICENSE AGREEMENT WITH THE DEPARTMENT OF THE AIR FORCE AUTHORIZING USE OF RAMP AREA AT SHEPPARD AIR FORCE BASE FOR DRIVER TRAINING SCHOOL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain License Agreement, a copy of which is attached hereto, whereby the Air Force authorizes the City to utilize a portion of an aircraft parking ramp area at 30 Item 12h, cont'd. Sheppard Air Force Base for a Police Department Driver Training School , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2233 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 12i A proposed resolution was presented authorizing the City Manager to execute an extension of Beacon Baptist Church lease of city-owned property. %RESOLUTION NO. 2234 RESOLUTION APPROVING FOURTH AMENDMENT TO LEASE TO BEACON BAPTIST CHURCH, EXTENDING THE TERM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Fourth Amendment to Lease Agreement, a copy of which is attached hereto, between the City of Wichita Falls and Beacon Baptist Church, amending the lease agreement dated April 20th , 1971 to extend the term thereof, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2234 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 13a Bids were considered on movable storage for Data Processing Department. Robert Haley, Assistant City Manager, recommended that the Alternate 2 bid of Lundia of Dallas be accepted in the amount of $4,946.63, with the optional ramp and deck at a cost of $316.04, for a total cost of $5,262.67. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderman Smith, and carried unanimously. Item 14a Discussion was held on the Depot Square project schedule. The City Manager requested authorization to negotiate a contract with the project manager for the Route Building, skyscraper, transit terminal , and mini-park. A discussion followed on whether or not we have a project manager, and it was pointed out that Michael Maloney's contract indicates that he is the project manager for the entire Depot Square. He has previously been working on the farmers ' market project. Following other discussion on this project, it was noted by various members of the Council that unanimity has not been reached between the Heritage Society, Midtown Now, and architect Michael Maloney. Moved by Alderman Thomas that this item be postponed until the Heritage Society, Midtown Now, and Michael Maloney get together and decide what they want to do, and how to make this project succeed, and come back to the Council with their recommendation. Motion seconded by Alderman McAlister, and carried unanimously. Item 14b Hazel Mann appeared regarding her vacant property on Iowa Park Road, inquiring why Housing Code Enforcement can tell her to do certain things to her property when she sees occupied property which is in worse condition? The City Manager explained that the Council has chosen as its policy to enforce it only on unoccupied property. She did not see it as a fire hazard or nuisance. Mayor Hill further explained that we have an ordinance requiring all deteriorated , unoccupied buildings be brought up to standard. 31 Item 14b, cont'd. Tommy Robinson appeared for Community Action Corporation regarding their lease agreement with the City for space in the Martin Luther King Multi-Purpose Center for the day care center. They would like the word "rental " inserted instead of just the word "funding". Alderman Thomas pointed out that they could have increase after increase in every program except rental , and we would still be stuck with the rate of eight cents per square foot, and we are not going to do that. Much discussion followed with Alderman Smith noting that they had agreed to pay their share of the cost of expenses. Mr. Robinson stated that he thought he would not have to pay any rent on the building. Angus Thompson stated that CAC is not opposed to the rental , but they want to protect the other programs. Mr. Robinson stated they want the programs identified. The City Manager stated he did not see any reason to not grant this request. We could work with them in seeing that they request a reasonable fee for rental in their application process. Alderman McAlister stated that they are not paying what it costs to support the structure. If they were, it would not matter. Angus Thompson stated that they would not be able to make this a self-supporting situation. Alderman Thomas pointed out that it will cost the City less money for them not to occupy the space than for them to occupy it. Angus Thompson stated that if rental is increased it would be out of proportion to their other programs. Alderman McAlister noted that their other programs are already out of proportion to rental . Moved by Alderman Thomas that new police salaries become effective on October 1 , and all other city employees' salaries become effective on October 11 , 1978. Motion seconded by Alderman Smith, and carried by the following vote: Ayes : Mayor Hill , Aldermen Smith, Thomas, Adcock, and Alderwoman Russell Nays : Alderman McAlister The Board of Aldermen adjourned at 2:05 P.M. PASSED AND APPROVED this �Aeu day of 1978• MAYOR :z ATTEST: CITY CLERK CHANCE OWNER 0 ARCHITECT [x] ORDER CONTRACTOR FIELD ❑ 1U1 DOCUMENT G704 OTHER PROJECT: Martin Luther King CHANGE ORDER NUMBER: Separate Contract inarne, address) Service Center as Addendum 1100 Smith Street TO (Contractor) F_ Meyers Bros . , Inc . ARCHITECT'S PROJECT NO: 7658 General Contractors CONTRACT FOR: $2 , 317 . 00 P . O. Box 5126 Wichita Falls , Texas 76307 L _j CONTRACT DATE: 9/8/78 You are directed to make the following changes in this Contract: Furnish and install two runs of 611 custom made gutter approx . 31 and 33 l . f . each, with two 3" x 4" corrugated downspouts . Furnish and install 13 scupper heads with same downspouts , all metal to be painted to match existing gravel guard and each downspout to end on concrete splash- blocks . See attached drawings for details . $ 2 , 317 . 00 The original Contract Surn was . . . . . . . . . . . • • • • • • ' 0 . 00 Net change by previous Change Orders . . . . . . . • • • • • ' ' $ 2 , 317 . 00 The Contract Sum prior to this Change Order was . . . . . . . • • • • . ' me -the Contract Sum will be (increased) (decreased) (unchanged) by this Change Order . . . $ 2 same. 00 -I he new Contract Sum including this Change Order will be . . . . . . . . 1 he Contract Time will be R ( 14 uay . The Date of Completion as of the date of this Change Order therefore is September 22 , 197 Lamb ert-Dunhaw—_Aaz_Oc ___—_-- Meyers giros . ,__Inc ._ — Cif--of Wichita Falls- t C IT T O TRA TOR QWj�ER Box 1431 arker_ Sq. Bk._--Bldg . `Box 5126 —_ -- -- A dicess - - Address Address de5 a l Tx . Wichita Falls , Tx. Wichita Falls , Tx . Wicif lit _—— 21 BY BY BY _ uAIL Z11_ tentuer• _.1�Z DATE 11 September 1978 DATE 11 September 1978 -- — _ —-- AIA DOCUMENT G701 • CHANGE ORDER APRIL 1970 EDITION • AIA® © 1970 THE C1NE PAGE AMERIC.AN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW,WASHINGTON, D.C. 20006 n FIRST AMENDMENT TO WATER PURCHASE CONTRACT This agreement made and entered into this the day of 1978 , between the City of Wichita Falls, Texas, and the City of Archer City, WITNESSETH: Section 2. 0 of that certain Treater Purchase Contract dated September 29, 1976 between the City of Wichita Falls and the City of Archer City is hereby amended to read as fol- lows: "Section 2 . 0: Archer City shall pay to City for water purchased hereunder at the rate of seventeen and one-half cents ($0. 175) per one thousand gallons. This water rate is subject to modification prior to January 1, 1979 based upon a contract water rate study now under way. Thereafter, the price shall escalate ten percent annually beginning January 1, 1980. " This amendment shall be effective November 1, 1978 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as of the day and year first set out above. City of Wichita Falls, Texas By: City Manager ATTEST: City Clerk City of Archer City, Texas ATTEST : By: M A Y 0 R City Secretary Exhibit A A tract of land out of the Thomas Curry Survey, A-345, Wichita County, Texas, and being more specifically described by metes and bounds as follows: Beginning at the point of intersection of the West right-of-way line of a 50 foot wide County Road and the centerline of Bacon Switch Road, said point bears West 360. 00 feet from the Northwest corner of Section 39, I1. & 11. G. R.R. Co. Survey, A-161, and an ell corner of said Thomas Curry Survey, for the Northeast corner and place of beginning of this description: Thence West 2100. 00 feet along said centerline of Bacon Switch Road to a point for the Northwest corner of this tract; Thence South 1264. 01 feet to a point for the Southwest corner of this tract; Thence East 2448.96 feet to a point in said West right-of-way line of County Road for the Southeast corner of this tract; Thence North 150 26' West 1311. 29 feet along said West right-of-way line of a 50' foot County Road to the Place of Beginning and containing 66. 00 Acres, more or less. i THE: STATE OF TEXAS COUNTY OF WICHITA This contract made and entered into by and between the City of Wichita Falls , Texas , a municipal corporation, herein- after called "City" , and The Wichita Falls Board of Commerce and Industry, a Texas Corporation, hereinafter called "BCI" . WITNESSETH: WHEREAS , BCI is the owner of a certain tract of land, hereinafter called "Subject Property" , located in Wichita County, Texas , said land being more fully described in Exhibit A, which is attached hereto and incorporated herein, and which land is located within City' s extraterritorial jurisdiction; and, WHEREAS, the Board of Aldermen of City has , by Resolution No. designated Subject Property as an industrial district , and authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the City; and, WHEREAS, it is recognized, agreed, and understood between the parties to this agreement that BCI is a publicly supported Civic entity engaged in the procurement of industrial and business concerns to the community, and it being further recognized, agreed, and understood that the Subject Property will eventually be conveyed by BCI to a qualified industry as such is defined by the Standard Industrial Classification Code (SIC) of the Industrial, Annexation Policy of Wichita Falls , Texas , and it further being the intention of the parties that this agreement, and all rights and responsibilities of BCI thereunder shall be fully assignable to any grantee, so qualified, who takes conveyance of the subject property from BCI . NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, to be performed by the parties hereto, City and BCI do hereby agree as follows : 1 . Where used hereinafter in this agreement , the name BCI shall also be deemed and intended to include any assignee, lessee, or grantee of BCI that is a qualified industry as such is defined by the standard Industrial Classification Code (SIC) of the Industrial Annexation Policy of Wichita Falls , Texas , and all rights and responsibilities of BCI under this agreement shall be fully assignable to such party. 2 . City guarantees the continuation of the extraterritorial status of Subject Property, and its immunity from annexation by City for a period of seven (1) years from January 1st , 1979 . 3. City will furnish water service to BCI on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this con- tract, unless City' s Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance , in which event BCI shall thereafter pay the same rates charged to users within the City limits . 4. City will furnish sanitary sewer service to BCI on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this contract, unless City' s Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event BCI shall thereafter pay the same rates charged to users within the City limits . 5 . City will furnish solid waste collection and removal service to BCI ooncommercialrandrbusinessty at testablishmentses equal to 5o of h Subject w�ithinthe rates charged t City limits throughout the term of this contract , unless City' s Board of Aldermen completely eliminates the standard out-of- city additional charge established by ordinance, in which event BCI shall thereafter pay the same rates charged to users within the City limits . 6. The water service, sanitary sewer service and solid waste collection service provided to BCI by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 7 . City will furnish fire protection service to BCI on Subject Property. 8. BCI will pay to City each year during the seven (7) years of this contract, as payment in lieu of taxes , an amount in cash equal to 25% of that amount that their normal City taxes would have been that year had they been in the City limits . Each annual payment shall be made between October 15 and December 31 of each year; the first such payment in lieu of taxes shall be payable between October 15 and December 31 of 1979. In computing the amount that their taxes would be each year during this contract, the following rules shall be applied. a. The appraised value of the land shall be determined in the same manner that other land in the City is appraised. b. The initial appraisal of the buildings and other improvements shall be an amount equal to 92% of the actual costs of such buildings and improvements , which cost figures have been furnished to City by BCI. c. The appraised value of the machinery, equipment and other personal property except for inventory shall be , throughout the term of this contract, an amount equal to 65'/ of the actual costs of such machinery, equipment and other personal property , which cost figures have been furnished to City by BCI . d. The appraised value of the inventory shall be de- termined in the same manner that the inventory of other firms in the City are appraised. e . Each year the then current assessment ratio established by the Board of Aldermen shall be applied to the appraised value in order to obtain the assessed value; the then current tax rate as established by the Board of Aldermen shall be applied to the assessed value to obtain the amount that the taxes would have been that year had the property been located within the City limits . The payment in lieu of taxes shall be 25% of the amount so computed. 9. This contract does not release or waive any obligations to the City in connection with any paving, curb and gutter , or other improvement liens which may be assessed against Subject Property. 10. In the event BCI should breach any of the provisions of this contract, and it fails to remedy such breach within thirty (30) days after having been notified by City to do so , then City shall have the right to terminate this Contract , and to proceed to annex Subject Property. 11. City shall initiate proceeding to annex Subject Property into the City limits early enough to be able to complete such proceeding by December 31, 1985 , and Subject Property shall be included on the tax rolls of City on January 1 , 1986 . 12 . This contract shall be effective as of January 1 , 1979. 13 . This agreement shall terminate and replace that Agreement previously entered regarding annexation of the subject property dated May 16, 1977, and approved by the Board of Aldermen of the City of Wichita Falls , by Council resolution number 1963 , dated May 16, 1977 . IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of 1978. CITY OF WICHITA FALLS , TEXAS By: Gerald G. Fox City Manager ATTEST: City Clerk WICHITA FALLS BOARD OF COMMERCE AND INDUSTRY By President ATTEST: Secretary STATE OF TEXAS X COUNTY OF CLAY X This agreement made and entered into this the day of , 1978 , by and between the City of Wichita Falls, Texas, acting by and through its City Manager, hereinafter called Lessor, and Claude Draper, hereinafter called Lessee, WITNESSETH: Lessor hereby leases to Lessee, upon the terms and condi- tions hereinafter set out, the following described real pro- perty situated in Clay County, Texas, to-wit: All of Block 24 of the Original Town Site of Halsell as shown on the plat of record in the Office of the County Clerk of Clay County, Texas , save and except any part of such lot which lies below elevation 930 feet m. s. l. 1. The term of this lease shall be a period of twenty- five years, beginning on the date hereof. 2. Lessee shall pay to Lessor rental in the amount of I�Z dollars per year during the life of this lease, which rental shall be payable annually in advance, the first rental payment being due upon the execution of this lease, and a like payment due each year thereafter on the anniversary date of this lease. 3. The leased premises are adjacent to Lake Arrowhead, and Lessee agrees that he will keep the leased premises clean of trash, rubbish, garbage and waste matter and will provide such facilities for the disposal of this matter as the Lessor shall require, it being recognized by both Lessor and Lessee that the primary purpose of Lake Arrowhead is to supply the City of Wichita Falls with water for human consumption. Les- see is under the absolute obligation to so use the leased premises and conduct himself so that there shall be no pollu- tion of the waters of Lake Arrowhead. 4. Lessee owns certain property adjacent to the leased premises, and Lessee shall provide a septic tank for sewage disposal facilities serving any dwelling building on the pro- perty, which septic tank shall be constructed in accordance with State Health Department and City of Wichita Falls stand- ards. 5. Lessee shall not use the leased premises nor any part thereof for commercial purposes, but only for residential pur- poses. 6. Lessee shall not assign this lease, nor sublet the whole or any part of the said premises without the written consent of Lessor. If Lessor does agree to approve the pro- posed assignment of the leased premises, Lessor agrees to execute to Lessee' s purchaser or grantee, a new lease and to void Lessee' s lease. Such new lease between Lessor and Les- see' s purchaser or grantee shall be of the same terms and con- ditions as the lease executed between Lessor and Lessee and shall be for the balance of the term of years originally granted Lessee. 7 . Lessee agrees that all buildings or other improve- ments placed on said leased premises are charged with a lien in favor of the Lessor for payment of all rentals that may be owed by Lessee to Lessor for such lease. Said lien shall be subject to any deeds of trust or mechanic'.s liens outstanding against any building or other improvements placed on said pre- mises. 8 . Lessee agrees to obey the rules and regulations established by the City of Wichita Falls governing the use of Lake Arrowhead. Lessee further agrees to abide by any addi- tional rules and regulations promulgated by Lessor. Such rules and regulations governing the use of Lake Arrowhead are hereby expressly incorporated into this contract and made a part hereof. 9 . If Lessee fails to pay the prescribed rental within thirty days after its due date, Lessor may terminate this lease. If Lessee breaches any other covenant contained in this lease, and fails to remedy such breach within thirty days after having been given written notice by Lessor of such breach, Lessor may terminate this lease. 2 _ 10. In addition to the above described leased premises, Lessor agrees to execute a written permit to Lessee, permit- ting Lessee to occupy and use the property between the 930 ,foot elevation and the 926 foot elevation (spillway elevation) . In exchange for the right of Lessee to occupy and use these premises, Lessee promises to release the Lessor from any pos- sible liability from damage to these premises or to any struc- tures located thereon caused by overflow and flooding. Les- sor will construct no piers or boathouse on the lake without a written permit granted by the City. All such construction must be done in accordance with City' s specifications. 11. Lessor makes no warranties as to the suitability of the leased premises for any purpose, and makes no representa- tions as to the matter of whether or not the leased premises are subject to or may be overflowed, as this is a hazard assumed wholly by Lessee. Lessor is not responsible for any latent defects in the leased premises. Lessee shall be solely responsible for any injuries incurred by Lessee, members of Lessee' s family, or by any persons on the premises with Lessee' s permission. I 12 . It is understood and agreed that, in the event that Lessor should decide to use the land herein leased as ,a part of a future park, Lessor shall have the right to terminate this lease by giving Lessee written notice thereof not less than 120 days prior to such termination. In that event, Les- see shall remove his improvements from such leased premises. IN WITNESS WHEREOF, the• parties hereto have executed this agreement as of the day and year set out above. City of' Wichita Falls, Texas BY: ATTEST: City Manager City Clerk Claude Draper 3 - DEPARTMENT OF THE AIR FORCE - LICENSE THE SECRETARY OF THE AIR FORCE, hereby grants to City of Wichita Falls, Texas five 5 O ears commencing on 1 October 1978 and ;. a license, for a period of y �r ending 30 September .1.983 but revocable at the will of the Secretary of the Air Force, to utilize a portion of Sheppard Air Force Base for a Police Department Driver Training School. as.shown in.red on Exhibit A , attached hereto and made a part hereof, and described as follows: The aircraft parking ramp area on the northwest end of Sheppard Air Force Base, Texas. THIS LICENSE is granted subject to the following conditions: i-:-That-th�ciz�rlse�hult?p -trt�'itet>:� 2. That the exercise of the privileges hereby granted shall be without cost or expense to the United States,under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinaf ter referred to as "said officer," and subject _ also to such regulations as may be prescribed by him from time to time. 3. That any-property of the United States damaged or destroyed by the lu;ensee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the A, licensee to the satisfaction of the said officer, or in lieiu of such repair or replacem-;nt the licensee shall, if so required by the said officer, pay to the United States money in an amount sufficient to compensate for the loss sustained by the United States by reason of damage to ffi r;> or destruction of Government property. • ' r; 1,. That the United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise f the privileges herein granted, o :. or for damages to e property of the licensee, or for injuries to the person of the licensee,, or th for damages to the property or injuries to the, person of the licensee's officers, agents, servants, or employees or others who may be gn said premises at their invitation or the invitation of any one of them, arising from governmental activities on the said premises,and the licensee shall hold the United States harmless from any and all such claims. EM6 FOAM 808a (ER 405-1-860) 1 JUL 63 5. That, on or before the date of expiration of this license or its relinquishment by the licensee, the licensee shall vacate the said Government premises, remove all property of the licensee therefrom, and restore the premises to a condition satisfacfory to the said officer, dam,- ages beyond the control of the licensee and due to fair wear and tear excepted. If, however, this license is revoked, the licensee shall vacate the premises, remove said property therefrom, and restore the premises as aforesaid within such time as the Secretary of the Air Force may designate. In either event, if the licensee shall jail or neglect to remove said property and so restore the premises, then, at the option of the Secretary of the Air Force, said property shall either become the property of the United States without compensation therefor,or the Secretary of the Air Force may cause the property to be removed and the premises to be so restored at the L expense of the licensee, and no claim for damages against,the United States or its officers or agents shall be created by or made on account of such removal and restoration work. 6:T-had-the-licensee-�hzzlt-pay-tlCe--cost;-as--dxtermined--by-t-h:e-sai�c and/or supplying any utilities and other services furnished by the Cyquamm-cl, or thrcn<.g1i Government-owned facilities for the use of the licensee,..ineltuliV: the lice�a.sce's proportimzate share of the cost of operation and maintenaiwe of the Government-owned facilities by which .such utilities or services-are-V�f;�d_uced or supplied. The Government shall be under no obli- gati.on fsutilities or services. Payment shall be made in the manner prescribed by ear-atpeaa--ills `7. That the United States shall not be responsible for damages to property or injuries to persons which may-arise from or be incident to the construction, maintenance, and use of the facilities constructed by the licensee on the said premises. 8. That this license may be terminated by the licensee at any time by giving to the Sec- retary of the Air Force, through the said officer, at least ten (10) days' notice in writing; pro- vided that, in case of such termination, no refund by the UnitedStates of any compensation theretofore paid shall be made, and provided further, that in the event the said notice is not given at least ten (10) days prior to date compensation is due the United States hereunder, the licensee shall be required to pay the compensation for the period or term shown in Condition No. 1 hereof. i 9. That it is to be understood that this license is effective only insofar as the rights Of the United States in the property involved are concerned, and that the licensee shall obtain such permission as may be necessary on account of any other existing rights• 10. The ramp will be used two days for each class, approximately six times per year; portable equipment used will be removed at the end of each training period or upon notification by the Base Commander if he determines that the 4 area is required in support of any DOD mission. 11. The base will be notified by the Police Department each time a class is to be held, at least two work days in advance; and the names of all personnel .` attending the training session will be furnished in advance in order that there will. be no probems with admission to the base, 12. Prior to execution of this license, Conditions 10, 11, and 12 were added, i and Conditions 1 and 6 were deleted. a;. :f dF j. 3, *' This License is not subject to Title 10, United States Code, Section 2662. IN WITNESS WHEREOF, 1 have hereunto set my hand by authority of the Secretary of the Air Force this day of 19 MICHAEL B. COTTRELL Chief, Real Estate Division This above instrument, together uith all the conditions thereof, is h e r e b y accepted this day of 19 CITY OF WICHITA FALLS, TEXAS BY: �I ,f TITLE { J I INSTRUCTION SHEET ADDITIONAL PROVISIONS 1. When the license is to cover the installation, maintenance and use of a utility line the following conditions will be added: a That the installation and/or operation and maintenance of the line shall be accom- . plished in such a manner as not to endanger personnel or property of the United P i States on the land of the United States or obstruct travel of any road thereon. b. That the licensee shall supervise the said line and cause it to be inspected at reason- able intervals, and shall immediately repair any defect found therein as a result of such inspection, or when requested by said ogcer to repair any defects. Upon completion of the installation of said line and the making of any repairs thereto, the premises shall be restored immediately by the licensee at the licensee's own expense, to the same condition as that in which they existed prior to the commence- ment of such work, to the satisfaction of the said ofgcer. c. That the United States reserves to itself the right to construct, use, and mair_tain across, over, anal/or under the right of way hereby granted, electric transmission, telephone, telegraph, water, gas, gasoline, oil, and sewer lines, and other facilities, i in such a manner as not to ore-ate any unreasonable interference urith the atse of the right of way herein granted. 2. In addition to the conditions set forth in the preceding paragraph the following conditions will be added in instances where the license is to cover the installation, maintenance, and use of electrical transmission, telephone, or telegraph lines. a. That the right-of-way hereby granted shall not occupy more land than is reasonably necessary for such purpose, as determined by the said o ffcer, and in no event shall exceed a width of feet on each, side of the center line thereof. b. That the licensee shall furnish through said line such service as may be reT-aired from time to time for governmental purposes on said land, provided that payment for all such service will be made by the United States at rates which shall be mutually agreeable but which shall never exceed the nwst favorable rates granted by the licensee for similar service. 3. The following conditions will be added where the license is to cover the construction, main- tenance, and use of a road or street: a. That the United States shall in no case be liable for any damages or injuries to the said road or street which may be caused.by or result from any operations undertaken -••- -- by the Government, and no claim or right to compensation shall accrue from such ? damages or injuries. t:H b. That the United States reserves the right to make such connections between the td road or street herein authorized and roads and streets on said lands as the said officer may from time to time consider necessary, and also reserves to itself rights i' � of-way for;.y all purposes a.eross,over,and/or under the right of way hereby granted; suc provided, however, that h-rights s hall be used in a manner that will not create unnecessary interference with the use and enjoyment by the licensee of said right of way for road or street purposes. FOURTH AMENDMENT TO LEASE AGREEMENT Whereas, heretofore, the City of Wichita Falls and Beacon Baptist Church entered into a lease agreement dated April 20, 1971, whereby the City leased to the Church a cer- tain tract of land containing . 25 acre out of Lot 1-B, as shown on the replat of Lot 1, Block 7 of the Bellevue Addition to the City of Wichita Falls; and, Whereas, the City and Church thereafter amended the lease to extend the term thereof to December 31 , 1978 ; and, Whereas, the Church has requested that the City extend the term of this lease to December 31, 1980, and the City is agreeable to doing so. • NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL COVENANTS HEREIN CONTAINED, the City of Wichita Falls and the Beacon Baptist Church do hereby agree that such lease dated April 20, 1971, as amended, be, and the same is hereby, further amended as follows: Section 2 of such lease agreement is amended so that the term of such lease shall be extended to December 31, 1980. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day of September, 1978 . City of Wichita Falls, Texas ATTEST: By: City Manager City Clerk Beacon Baptist Church By: