Loading...
Min 09/18/1979 286 Wichita Falls, Texas Memorial Auditorium Building September 18, 1979 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 Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Curtis Smith Absent The invocation was given by Jim Hance, Edgemere Church of Christ. Item 3 Moved by Alderman Adcock that minutes of the meetings held September 4 and 11 , 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 7a Item 5a was moved to the regular agenda. Moved by Alderman Hampton that the remaining items on the consent agenda be approved. Motion seconded by Alderman Thomas. Item 4a ORDINANCE NO. 3537 AN ORDINANCE ABANDONING CERTAIN UTILITY EASEMENT RIGHTS WHICH WERE RETAINED AT THE TIME GALVESTON STREET BETWEEN DENNISON AVENUE AND EDWARDS AVENUE WAS CLOSED BY ORDINANCE NO. 1606. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None I tem 4b ORDINANCE NO. 3538 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS, AND REPEALING SECTION 2 OF ORDINANCE NO. 3528 TO TERMINATE CONTROL OF RENTAL PRICES FOR HOUSING UNITS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None ✓Item 6 Minutes of the meetings of the following boards and commissions were received. a. Park Board - September 11 , 1979 b. Task Force Reconstruction and Redevelopment - August 30, 1979 c. Traffic Safety Council - September 5, 1979 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None 287 Item 7a Tax adjustments were approved in the amount of $203.03. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 9a Paul Stillson, of the Planning Department, was honored as Employee of the Month for September. Mayor Hill presented him with a plaque and two tickets each to a theatre and dinner. Item 8a City Manager Gerald Fox explained that the City Clerk had previously verified a petition as meeting charter requirements. The charter requires the Council to hold a public hearing, and within 60 days from the verification of the petition a report should be presented to the Council . They then have an additional 30 days to consider that report and make a decision to adopt the ordinance as presented, to modify it, or to reject it. Today is the public hearing. It could be the only hearing, or one of several . Alderman Thomas clarified with Mr. Fox that we are refusing to issue building permits where deed restrictions are in violation. Rob Johnson, a resident of Briargate Addition, read a statement of concern over the construction of apartments in that addition by 0. and W. Warner Company. He stated that they are violating city codes by exceeding work areas, working on Sundays, holidays, and Saturdays, generating excessive dust day and night, and creating un- necessary noise. City Attorney H. P. Hodge explained that there is one ordinance involved. There is none on apartments in a residential neighborhood, and none on dust. We do have an ordinance on noise, but he needs some direction on it. The ordinance enumerates certain things which are considered to be loud unnecessary noise. One is construction before 7:00 A.M. and after 6:00 P.M. , and on weekends. The thing that bothers him is that since the tornado nearly every job has had people working on it before 7:00 A.M. and after 6:00 P.M. , and on weekends. The ordinance also states that the noise must be loud and unnecessary. If they intend to enforce this ordinance then they need to be prepared to file against any contractor so working. Mayor Hill pointed out that we have people working on their regular jobs, and trying to work on their own homes after work and on weekends . Roger McKinney, Director of Planning, stated that the lot had not been platted until June, and therefore there were no deed restrictions. We have no ordinances regarding landscaping, buffering, etc. He stated that they have had a request from another developer who is interested in constructing another apartment south of this one. The big problem in this is that it would require additional sewer, and the developer would have to participate in it. The City Manager stated that if the sewer conditions are met then they have no other choice but to approve the plat. Hartmut Grobkreuz, 5535 Briargrove, stated that there should not be any work on Saturday, and that this company has continually violated this ordinance. Last Sunday they were working with two bulldozers in his back yard. He stated that they are outside the tornado area, and this is completely new. The City Manager stated that we cannot selectively enforce this ordinance on the firm which they are requesting unless they enforce it on all the others. Alderman Traywick stated that the first action these people would take is to say they are being discriminated against. Mr. Grobkreuz noted that the Silknitter family has been unable to sell their property due to lack of privacy. The dust is such that they cannot use their back yards. Mr. Johnson stated that he understands about the tornado area, but perhaps we could change the code to say that areas untouched by the tornado would not be included. Alderman Traywick noted that everyone would be asking to be grandfathered; also, that he understands their problem on privacy. Michael Silknitter, 5533 Briargrove, stated that they placed their home on the market the first of June. When they purchased that house the situation was that they wanted to send their children to those schools, and they liked the area. They feel that their property has been hampered because of the construction behind their home. He stated that this apartment complex will affect people who reside in Briargate. I 288 i i Item 8a, cont'd. It is not a pleasant thought to have people looking into their back yard. They put up a fence to add to additional privacy and value of their home. This extra expense is of no effect because of the two story apartment complex which has been started. He had been told there would be an alleyway behind his house. Now there will not be an alley. He had a double wide gate installed in the fence for easier access. There will be no trees behind them. All they will have to look at now is a 30-foot wall behind them. Those who live in the City should be assured that someone cannot come along and put a business by them. He requested that we get some type of zoning committee to look into that particular item. Roger McKinney explained that a five-foot easement was required of Mr. Silknitter, as well as the apartment complex. It is an easement, and not an alley. Alderman Thomas inquired if we have different open space requirements for single residences and apartments? Mr. McKinney stated that the only open space requirement we have is with townhouses. The City Manager noted that parking and setback requirements will automatically give some open space areas. Density is normally handled in land use control ordinances. Zoning districts could be used to provide for multi- family dwellings. Alderman Thomas inquired if there is an inordinate number of exceptions requested of the City Council in cities where zoning is in effect? The City Manager stated there is a continuous request for exceptions. Alderman Thomas stated that zoning is the first step. It would open up a whole new set of problems stemming from it. Alderman Traywick stated that he visited Haltom City this past weekend. In a city which has zoning, he wondered how the same type of circumstances would allow apartments to be located next to a single family residential area. Alderman Adcock stated that we have some good land use controls in Wichita Falls that are being used. Mary Faith Amy stated that the back of her house is on Barnett Road. She stated that she does not know the answer, but she would like to take them to the Silknitter's house. She feels they should make it their business to see that it does not happen again to families in this town. There must be something that could be done to help others. Michael Lam, President of Skyline Developers, read a statement that public planning of land use control is erratic, chaotic, and irrational . It produces more problems than it solves. He suggested restrictive covenants. He stated that zoning creates five basic social and economic problems, as follows. (1 ) It excludes housing and people, (2) It impedes the filtering process, (3) It raises the prices of land and property, (4) It curtails development, and (5) It retards competition. Karl King appeared as President of Wichita Falls Board of Realtors,' representing 600 citizens. He stated that they raised and distributed nearly $30,000 after the tornado. They believe that a landowner's right to use his property is the most treasured right of ownership. He stated that a zoning ordinance will not stop apartments or multi-family construction. He stated that we have seen abuses in some of our public officials , and asked the Council to rise above that. Are we asking too much to ask for the right to vote, or for the proponents and opponents to give facts? Mayor Hill stated that he hopes all 600 members do not agree with the next to last paragraph in his letter in which he stated that to pass a zoning ordinance without a vote would be an embarrassment upon the City Council and make questionable the motivations, if not the integrity, of each member. Mayor Hill stated that they resent this, and want him to know it. Mr. King stated that he would change the word "would" to "could". Alderman Hampton stated that it is very poor taste to question the integrity of this Council . They do the best which they can. Mr. King apologized. Mayor Hill stated that his memo was in very poor taste, and badly put. Alderman Traywick agreed that Mr. King's remark was indiscreet, but he hopes we can keep the level of our hearing to such that we can get input into this matter. Glynn Purtle appeared as attorney for Warner Construction Company. He stated that from what he has been told they are notin violation of any of the city's requirements on this. This construction company is not unmindful of the problems that come to bear on a mixture of single and multi-family areas. They want to go on record as not labeling them as Exhibit "A" on the case for zoning or lack of it. Alderman Traywick asked if it would be possible to consult with 289 Item 8a, cont'd. the company to see if they can give these people some relief from the dust, noise, and other problems which they face? Mr. Purtle stated that he understands there has been some change in the design of windows which would help. He wondered what would happen to the space which is left for privacy? Robert Seabury appeared as an apartment builder. If we had zoning in Wichita Falls there would probably have been apartments there anyway, along with a shopping center. The problem arises in the manner in which the apartments were built. We should have a subdivision ordinance which would require setback requirements for both single and multi-story construction. It can be handled without zoning. Alderman Traywick asked Mr. Seabury how these other communities in which he builds (Amarillo and Tyler) solve the problem of restrictive covenants on unplatted land? The City Manager stated that these cities have zoning. Mr. Seabury stated that zoning is not necessary to solve this problem. It could be done in the subdivision ordinance. Alderman Traywick noted that we have heavy industry in southwest Wichita Falls which will be completely surrounded by single family dwellings. How do you solve this problem? Mr. Seabury thought that environmental controls would have helped. More sophisticated land use controls will solve the problem better than zoning. Andy Carron appeared as Manager of Sprague Electric and a member of the Planning Board. He agreed with Mr. Lam and Mr. Seabury that better land use controls would help our city. He stated that he has heard developers say, "the public be damned", in those words. Several people in this city do not realize that we have limited assets, and we have to use them as best we can. Why do we not hear from these cities who have successful land use controls? What we need is something to tie all these ordinances together in one place. They need some guideline to use to make proper decisions. He is in favor of land use control . He is not in agreement with the substance of all the petition. He feels the time frame is insufficient for proper study and evaluation. When we make decisions in city government we must remember that it will have an effect on the total city. Proper planning is the answer. Joseph Zinn, 2625 Amherst, stated that he is concerned with the area which is developing between Sikes and the State Hospital . It is in the flood area. He wonders how much thought has been given to allowing this development there? How effective has land use development been in this city? A housing development has no place in a mud hole. Floyd Stipe, 2811 Montgomery Place, presented a petition to the Mayor requesting that they enact a zoning ordinance. They desire that the character of the neighborhood remain residential . They are concerned with Kemp Boulevard going commercial , and about the car wash located in the center of a residential section on Rhea Road. He stated that some kind of plan in our city is better than none. Charles Harper, 2501 Amherst, requested that if an election is required that it should be held on April 5, 1980. He stated that the time frame chosen in the petition was to insure that these ordinances were voted in prior to April 10, 1980, or the termination of the emergency period. He requested that a zoning commission be representative of all geographic sections of the city. They hope that out of the Commission's hearings will come a zoning ordinance unique for Wichita Falls, rather than copying some other city's ordinance. He noted that a questionnaire sent out a few years ago indicated that 75 percent of the 15,000 who returned it favored some kind of land use control . He stated that he is not afraid of politics which involve participation of a broad spectrum of our people. He would hope that the city will employ a consultant to assist in writing the zoning ordinance. Alderman Adcock stated that deed restrictions can be enforced, as Houston does. Alderman Thomas inquired if a citizen could go into court and be granted the right to be issued a permit if deed restrictions had previously been broken in this subdivision? The City Attorney explained that they could take us to court, and if the plaintiff could establish that deed restrictions had been broken, then the court could order us to give them a permit. The City Manager stated that there is also general legislation which allows a city to enforce deed restrictions. We chose to do this under the emergency measure, but we could just as well go the other way. Mr. Harper stated that zoning is an orderly change in the development. Alderman Thomas inquired where we can get into the middle ground on orderly development? If there is some beefing up of subdivision ordinances, setback ordinances, etc. , and still not handcuff those who are interested in seeing the city grow, then this is 290 Item 8a, ' cont'd. what he would like to do. Mr. Harper stated that the law gives the Planning Board some authority that even the Council does not have. We need to apply some land use controls to our city for proper growth. Alderman Traywick asked if he could see that zoning would respond in a negative way to the growth of our city? Mr. Harper did not see how it could. If we have the marketplace, we will have housing. Alderman Thomas stated that it seems to him that we could better utilize our time in trying to look at some middle ground to see what tools are available to us right now than going to a high priced planner from New York or somewhere else. He would like to see what we could do through the city planning board along the line of subdivision ordinances with the least amount of bureaucracy. The City Manager stated that the Planning Board has a land use subcommittee. They have had no response from that committee, and he believes that this is the reason that three former chairmen of the Planning Board came up with this petition. Alderman Thomas believes we have some first steps which we can take now. He believes a person like Bob Seabury, who builds houses in other cities, could be helpful to us. Alderman Hampton expressed his personal viewpoint, stating that we are going to have to answer this petition ordinance one way or another. There is enough concern in the City that this thing should be given proper consideration. He believes the Council should, in one form or another, approve this petition ordinance. We should set up a commission, give them the proper time, and see what they come up with, and let's hope we can get a happy medium to see what would please the most people. The City Council could call for a vote on the ordinance Which has been proposed by the people. All sides would know what you are dealing with. It costs the citizens of Wichita Falls six to ten thousand dollars to hold just one election. Mayor Hill agreed with Alderman Hampton. Alderman Adcock stated that by Mr. King changing one word, the statement did not offend him. He appreciates all persons who have addressed this Council this morning because it has brought out some things which are very important to the City. Alderman Russell noted to let's keep in mind that the charter does not ever disallow the public to vote. She feels that outside expertise would be beneficial to us. She recalled that in 1914 the City hired Miles O'Reilly as a consultant, whose recommendations located most of the industry on the north side of the city. In 1920, George Kessler was hired as a consultant to present a general plan for the city. Even in 1920 he saw the need for Kell Boulevard, and that the city would grow to the Southwest. In the early days the City was not afraid to call for outside help in planning and advice, which is still being used today. She strongly urged that the Council give serious thought to looking at the best kind of expertise for this problem, keeping in mind those things which make it regionally distinctive, but she feels we can all benefit from it. The public hearing was closed. Further action will be taken on the petition on October 2. Item 10a A proposed ordinance was presented approving rate schedule to be charged by Texas Electric Service Company. ''ORDINANCE NO. 3539 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS ELECTRIC SERVICE COMPANY IN THE CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. Moved by Alderman Thomas that Ordinance No. 3539 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None 291 I tem 11 a A proposed resolution was presented extending non-annexation contract with PPG Industries, Inc. RESOLUTION NO'. 2391 RESOLUTION APPROVING AGREEMENT EXTENDING FOR TWO YEARS THE NON- ANNEXATION CONTRACT WITH PPG INDUSTRIES, INC. THAT: BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain Extension Agreement, a copy of which is attached hereto, between the City of Wichita Falls and PPG Industries, Inc. , whereby the non-annexation contract between the City and PPG Industries, Inc. is extended for a period of two years, 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. 2391 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None Item llb A proposed resolution was presented extending non-annexation agreement with Board of Commerce and Industry - Howmet Corporation. RESOLUTION NO. 2392 RESOLUTION APPROVING AGREEMENT EXTENDING FOR TWO YEARS THE NON- ANNEXATION CONTRACT WITH WICHITA FALLS BOARD OF COMMERCE AND INDUSTRY AND HOWMET TURBINE COMPONENTS CORP. WHEREAS, the City of Wichita Falls and Wichita Falls Board of Commerce and Industry entered into a contract dated September 20, 1978, guaranteeing non-annexation for seven years of 66 acres out of the Thomas Curry Survey in Wichita County, which contract has since been assigned in part to Howmet Turbine Components Corp. ; WHEREAS, all of said parties desire to extend such contract for a period of two years. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Extension Agreement, a copy of which is attached hereto, between . the City of Wichita Falls and Wichita Falls Board of Commerce and Industry and Howmet Turbine Components Corp. , whereby such non-annexation contract is extended for a period of two years, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Adcock that Resolution No. 2392 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item llc A proposed resolution was presented extending non-annexation contract with General Motors Corporation. RESOLUTION NO. 2393 RESOLUTION APPROVING AGREEMENT EXTENDING FOR TWO YEARS THE NON- ANNEXATION CONTRACT WITH GENERAL MOTORS CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 292 i Item llc, cont'd. That certain Extension Agreement, a copy of which is attached hereto, between the City of Wichita Falls and General Motors Corporation, whereby the non-annexation contract between the City and General Motors Corporation is extended for a period of two years, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Traywick that Resolution No. 2393 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item lld A proposed resolution was presented for a possible lease of a portion of Weeks Park to the YMCA for construction of a parking lot and entrance road to serve the proposed branch YMCA. RESOLUTION NO. 2394 RESOLUTION EXPRESSING INTENTION TO LEASE LAND IN WEEKS PARK TO YMCA OF WICHITA FALLS, AND AUTHORIZING CITY MANAGER TO NEGOTIATE LEASE. WHEREAS, the YMCA of Wichita Falls plans to construct a Family Branch YMCA in the south portion of the City, and has chosen as a location a tract of approximately ten acres owned by Midwestern State University immediately south of Weeks Park; and, WHEREAS, if such Family Branch YMCA is to be built at this location, it will be desirable to use approximately one-fifth of an acre at the south end of Weeks Park, lying between Southwest Parkway and the proposed location, for ingress and egress and overflow parking; and, WHEREAS, the YMCA has submitted this project to the Midwestern Board of Regents, which is having its Executive Committee meet with the YMCA Executive Committee with regard to the project; and, WHEREAS, the YMCA has requested the City of Wichita Falls to execute a long term lease on a tract approximately 200 feet long, north and south, along the east side of that portion of Weeks Park south of Southwest Parkway, which would give access from Southwest Parkway to the Midwestern State University property; and, WHEREAS, the Park Board has requested that the Board of Aldermen authorize such use of this area in Weeks Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen hereby expresses its intention to enter into a lease to the YMCA of Wichita Falls on such land for such purposes, in the event that the YMCA obtains a lease from Midwestern State University on the tract needed for the construction of the facility; the City Manager is hereby authorized to negotiate the details of such a lease with the YMCA, which lease shall then be submitted to the Board of Aldermen for their approval . Moved by Alderman Thomas that Resolution No. 2394 be passed. Motion seconded by Alderman Russell . Alderman Hampton inquired how far the driveway will be from the fishing pond? Mr. Hursh thought it would be from 75 to 100 feet. He stated, however, that they have requested them to reverse the parking lot and the driveway, and they have agreed to do so. Bill Bartley appeared as President of the YMCA. He stated that these drawings were done to show that this construction would fit on the land. This is in no way a finished drawing, and is not the way it will be placed on there. Bill Hursh stated that the Park Board would like to review these plans, with beautification in mind. 293 Item lld, cont'd. Alderman Thomas asked if he could not get the support he needs, should there not be something in the lease to release them from this property? The City Manager stated that this gives them the right to negotiate, and this matter will be a part of it. The motion for passage of Resolution No. 2394 was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 5a A proposed resolution was presented determining the necessity for acquisition of property for Midtown 2000 Project, setting the policy, and authorizing employment of appraisers. The City Manager explained the priorities in land acquisition. RESOLUTION NO. 2395 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR A "MIDTOWN 2000" IMPROVEMENT PROJECT, AUTHORIZING EMPLOYMENT OF APPRAISERS,. AND ESTABLISHING LAND ACQUISITION POLICY. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, SECTION 1 . It is necessary to acquire the following described tracts of land for the "Midtown 2000" improvement project under the Community Development Block Grant Program, to wit: All of Lots 1 , 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 241 , Bean and Stone Subdivision, Original Townsite of Wichita Falls, Texas. All of Lots 3A, 6, and E 100' Lot 7 and W 50' Lot 7 in Block 98, Original Townsite of Wichita Falls, Texas. SECTION 2. The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the "Midtown 2000" improvement project. SECTION 3. The following procedures shall be used in the acquisition of properties for the "Midtown 2000" improvement project, the objectives of which are to insure that uniform, fair and equitable treatment be afforded persons dis- placed as a result of this federally assisted project, to encourage and expedite acquisition by agreements with property owners to avoid litigation and relieve congestion in courts, to assure consistent treatment for owners of real property to be so acquired, and to promote public confidence in federal land acquisition: A. The City shall make every reasonable effort to acquire such real property expeditiously by negotiation. B. Real property shall be appraised before the initiation of negotiations, and the owner or his representative designated in writing shall be given an opportunity to accompany the appraiser during his inspection of the property. C. Before the initiation of negotiations for the acquisition of such real property, the City shall offer to acquire the property for the full amount so established, which shall be not less than the approved appraisal of the fair market value of the property. The owner shall be provided with a written Statement of the Basis for Determination of Just Compensation. If only a portion of the property is acquired, the Statement shall make an apportionment between the compensa- tion for the property acquired and the net damages of benefits to the remaining property. D. If the acquisition of a portion of a property would leave the owner with an uneconomic remnant, the City will offer to acquire such uneconomic remnant. E. If the owner is not satisfied with the City's offer, he may refuse to accept it; if he can provide evidence concerning value or damage that warrants a change in the City's determination of .just compensation, the price will be adjusted accordingly by the appraiser. 294 Item 5a, cont'd. F. No owner shall be required to surrender possession of real property before the City pays the agreed purchase price, or deposits with the court in which the City has instituted a condemnation proceeding for such property, for the benefit of the owner, an amount not less than the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property. G. The City shall furnish the owner a statement identifying the settlement and related costs that will be paid by the City. H. The construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation, without at least 90 days written notice from the City of the date by which such move is required. However, shorter notice may be given where HUD determines that such 90 day notice is impracticable. I. If arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the City on shorter notice, the rental will not exceed the lesser of (1 ) the fair rental value of the property to a short-term occupier, (2) the pro rata portion of the fair rental value for a typical rental period, or if the owner or his tenant is an occupant of a dwelling, the rental for such dwelling shall not exceed 25% of his income. J. The City shall not advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action which is coercive or misleading in nature in order to compel an agreement on the price to be paid for the property. K. If any interest in real property is to be acquired by the exercise of the power of eminent domain, the City shall institute formal condemnation proceedings to prove the fact of the taking of real property. L. In any case in which a notice is served by the City of its intention to acquire real property, initiation of negotiations shall occur within 90 days of the service of such notice of intention. Moved by Alderman Thomas that Resolution No. 2395 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None Item 12a Proposed resolutions were presented awarding bids for roof repairs at Memorial Auditorium, Kemp Public Library, and Martin Luther King Center. These buildings were all hail damaged as a result of the tornado. RESOLUTION NO. 2396 RESOLUTION ACCEPTING BIDS OF ARMORED ROOFING CO. , INC. FOR ROOF REPAIRS ON MEMORIAL AUDITORIUM AND KEMP PUBLIC LIBRARY. WHEREAS, heretofore the City advertised for bids for roof repairs on the Memorial Auditorium and Kemp Public Library; and, WHEREAS, two bids were received on each of these projects, and the bids of Armored Roofing Co. , Inc. in the amount of $22,808 for the Memorial Auditorium and $7,545 for the Kemp Public Library were the lowest responsible bids. NOW, THEREFORE, BE IT RESOLVED BY THE ,BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bids of Armored Roofing Co. , Inc. are hereby accepted, and the City Manager is authorized to execute with Armored Roofing Co. , Inc. contracts for the construction of roof repairs on the Memorial Auditorium and Kemp Public Library. 295 Item 12a, cont'd. Moved by Alderman Thomas that Resolution No. 2396 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays: None RESOLUTION NO. 2397 RESOLUTION ACCEPTING BID OF J. MENASCO ROOFING CO. FOR ROOF REPAIRS ON MARTIN LUTHER KING CENTER. WHEREAS, heretofore the City advertised for bids for roof repairs on the Martin Luther King Center; and, WHEREAS, two bids were received, and the bid of J. Menasco Roofing Co. in the amount of $10,600 was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of J. Menasco Roofing Co. is hereby accepted, and the City Manager is authorized to enter into a contract with J. Menasco Roofing Co. for such roof repairs. Moved by Alderman Thomas that Resolution No. 2397 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None Item 12b _ A proposed resolution was presented awarding the bid for demolition of property in Block 240, Original Townsite, and the south 30 feet of Lot 3, Block 182, Original Townsite. RESOLUTION NO. 2398 A RESOLUTION AWARDING CONTRACT TO DENVER HAWKINS, SAM MITCHELL, TYLER GENERAL CONTRACTORS FOR THE DEMOLITION, CLEARING AND CLEANING OF LOTS IN BLOCK 240, ORIGINAL TOWNSITE AND SOUTH 30' LOT 3 OF BLOCK 182, ORIGINAL TOWNSITE. WHEREAS, the City of Wichita Falls advertised for bids to be opened at 2:00 o'clock p.m. on September 10, 1979 for the demolition, clearing and cleaning of lots in Block 240, Original Townsite, and south 30' Lot 3, Block 182, Original Townsite; and, WHEREAS, on September 10, 1979 at 2:00 o'clock p.m. two bids were received and opened; and, WHEREAS, the bid of Denver Hawkins, Sam Mitchell , Tyler General Contractors, in the amount of $25,990.30 was the lowest bid; and, WHEREAS, Denver Hawkins, Sam Mitchell , Tyler General Contractors, are responsible bidders; and, WHEREAS, the low bid is within the funds budgeted for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Denver Hawkins, Sam Mitchell , Tyler General Contractors, in the amount of $25,990.30 is hereby accepted, and the City Manager is hereby authorized to execute on behalf of the City of Wichita Falls a contract with Denver Hawkins, Sam Mitchell , Tyler General Contractors for the demolition, clearing and cleaning of lots in Block 240, Original Townsite and south 30' of Lot 3, Block 182, Original Townsite. Moved by Alderman Thomas that Resolution No. 2398 be passed. 296 Item 12b, cont'd. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Adcock Nays : None v Item 12c Bids were considered on high-pressure sodium luminaries and lamps. Moved by Alderman Hampton that the bid be awarded to United Electric Company in the amount of $14,786.78 for 104 luminaries and lamps. Motion seconded by Alderman Thomas, and carried unanimously. Item 12d Discussion was held on the 1979 Community Development Assessment Paving program. Ernest Lillard, Director of Public Works, explained that no bids were received on this project. There is a lot of work going on, and they are not able to schedule it now, and they are also not able to predict asphalt prices at this time. Another reason they give is that utility relocations have been a problem. Both potential bidders said they would be able to bid if the utilities were removed prior to readvertisement of bids. He stated that he is trying some scheduling to see what happens in the next three or four months to see if they can get some cooperation in this matter. Item 13a Permission was requested to advertise for bids for construction of two fire stations. Alderman Hampton stated that he would like to see how the plan of the Maplewood Fire Station fits in with the proposed park. Charles Harper showed the architectural plans to the Council . They are almost identical except one is larger than the other. The station on Maplewood and Miller will be located on the Southeast corner of the neighborhood park. Moved by Alderman Hampton that plans be approved, and authority granted to advertise for bids on these two fire stations. Motion seconded by Alderman Thomas, and carried unanimously. Item 14a City Manager Gerald Fox recommended that the City join with other Texas cities to protect their interests in the Texas Railroad Commission hearings on the Lone Star Gas Company gate rate request. Total cost to the City would be $2,926.92. Moved by Alderman Thomas that authority be granted to join in this effort. Motion seconded by Alderman Traywick. David Liles , of Lone Star Gas Company, stated that he is glad that the City has taken this action. It will benefit both the gas company and the citizens. The motion was carried unanimously. Item 14b The City Manager mentioned the implementation of the county-wide appraisal district. It will begin in 1982, and carry out the tax assessing function which is now carried out by nine separate agencies . It will be governed by a board composed of five members nominated and elected by participants in the appraisal district. They are selected on proportional representation as it relates to total tax collected in the County. Voting will be handled by the County Clerk 297 Item 14b, cont'd. before the end of October. The Board will take over its duties and responsibilities prior to January 1 , 1980. They will decide who will be the chief appraiser. They could change from the five-member board at some time, but it will take three-fourths of them to change it. He would like them to be considering nominations for this board. The City Council will cast its vote by resolution. Beginning in 1982, all properties will have to be assessed at 100 percent of market value. This matter should be scheduled for their next meeting. Alderman Thomas inquired when the farmers ' market will be ready? The City Manager expects it to be completed about six weeks from now. The Activity Center will not be completed by its opening date. Alderman Russell stated that she had visited with Mr. Hodge on what other cities are doing on -the use of wood shingles. City Attorney H. P. Hodge stated that Chief Johnson was to get him some ordinances on that subject. Mayor Hill mentioned the wrecker service. The staff is working on it, and expect to have it completed by November 1 . Mayor Hill stated that he had been invited by Susan Roach, from Dallas, to i go to Dallas this evening and receive a check for aid to the disaster victims. He also stated that he will not be here at the next Council meeting because he and Mark Wilson are going to Lincoln, Nebraska, for a program relative to April 10. The Board of Aldermen adjourned at 11 :55 A.M. PASSED AND APPROVED this �Yk day of ;Y 1979. MAYOR ATTEST: CITY CLERK THE STATE OF TEXAS ) SS:- COUNTY OF WICHITA ) EXTENSION AGREEMENT This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", and PPG Industries, Inc. , hereinafter called "PPG", WITNESSETH: WHEREAS, PPG 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 extraterri- torial jurisdiction; WHEREAS, the City and PPG entered into an Agreement, dated November 29, 1974 (the "1974 Agreement"), wherein the City declared the Subject Property to be an industrial district and agreed to refrain from the annexation of the Subject Property until December 31, 1981, in con- sideration for the payment by PPG of certain sums in lieu of the taxes which would have been assessed on the Subject Property if annexation had taken ,place; and, WHEREAS, due to the damage suffered by the City in a recent tornado, the City and PPG have agreed to extend the period of non-annexation and to make certain adjustments to the payments in lieu of taxes, both as described in the 1974 Agreement; and, WHEREAS, the Board of Aldermen of City has, by Resolution No. 2391 , authorized and approved this contract which such Board of - Aldermen deem to be in the best interest of the City. (B) The payment due December 31, 1980', shall be equal to 100% of the 1980 Normal City Taxes reduced by 3 3/4% of 756 of the 1979 Normal City Taxes. (C) The payment due December 31, 1981, shall be equal to 25% of the 1981 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes (D) The payment due December 31, 1982, shall be equal to 25% of the 1982 Normal City Taxes reduced by 3 -3/4% of 75% of the 1979 and 1980 Normal City Taxes. (E) The payment due December 31, 1983, shall be equal to 25% of the 1983 Normal City Taxes reduced by 3 3/4% of 75% of the 1980 Normal City Taxes. In computing the Normal City Taxes, the following rules . shall be applied: (a) The appraised value of the land shall be deter- mined 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 PPG. (c) The appraised value of the machinery, equipment and other personal property except for inventory shall be, throughout the term of this contract, an -4- f amount equal to 65% of the actual costs of such machinery, equipment and other personal property, which cost figures have been fur- nished to City by PPG. (d) The appraised value of the inventory shall be determined 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 1 applied to the assessed value to obtain the amount of the Normal City Taxes. 8. This Extension Agreement 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. 9. In the event PPG should breach any of the provisions of this Extension Agreement, 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 Extension Agreement, and to proceed to annex Subject Property. 10. City shall initiate proceedings to annex Subject Property into the City limits early enough to be able to complete such proceedings by December 31, 1983, and Subject Property shall be included on the tax rolls of City on January 1, 1984. -5- 1 ' 11. City will furnish fire fighting services to PPG on Subject Property. 12 . This Extension Agreement shall be effective as of the date hereof. IN WITNESS - WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of , 1979 . Attest ; ,, CITY OF WICHITA FALLS, TEXAS L-ayr�ii ��nt� By City Clerk Cit anager Attest: PPG INDUSTRIES, INC. By Vice President -6- EXHIBIT A Bacon Switch Addition, Block 1, a. subdivision - containing 490.46 acres, more or less, out of the Thomas Curry Survey, Abstract 345, in Wichita County, Texas, according to the plat of said subdivision recorded in Volume 21 , Page 49 of the plat records of Wichita County, Texas. THE STATE OF TEXAS COUNTY OF WICHITA EXTENSION AGREEMENT This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", and Howmet Turbine Components Corporation, hereinafter called "Howmet", WITNESSETH: WHEREAS, Howmet 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 City and the Wichita Falls Board of Commerce & Industry (BCI) entered into an Agreement, dated September 20, 1978 (the 111978 Agree- ment"), wherein the City declared the Subject Property to be an industrial dis- trict and agreed to refrain from the annexation of the Subject Property until December 31, 1985, in consideration for the payment by BCI of certain sums in lieu of the taxes which would have been assessed on the Subject Property if annexation had taken place; and, WHEREAS, BCI has subsequently sold the land described in Exhibit A to Howmet and Howmet has been assigned the 1978 Agreement by BCI; and, WHEREAS, due to the damage suffered by the City in a recent tornado, the City and Howmet have agreed to extend the period of non-annexation and to make certain adjustments to the payments in lieu of taxes, both as described in the 1978 Agreement; and, WHEREAS, the Board of Aldermen of City has, by Resolution No. 2392, authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the City. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, City and Howmet do hereby agree as follows: 1. The 1978 Agreement is hereby extended by the mutual agreement of the parties for a period not to exceed two years beyond the original term set forth therein. In mutual consideration for said extension, the parties fur- ther agree to certain adjustments in the terms of the 1978 Agreement, which terms shall be hereinafter restated, as adjusted, in their entirety. It is agreed that, on and after the date hereof, the terms of this Extension Agree- ment shall supersede the terms of the 1978 Agreement. 2. City guarantees the continuation of the extraterritorial status of Subject Property and its immunity from annexation by City for a period such that the Subject Property shall not be assessable due to its appearance on the tax rolls prior to the year commencing January 1, 1988. 3. City will furnish water service to Howmet on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through December 31, 1985, unless City's Board of Aldermen reduces to a level below 50% or completely eliminates the standard out-of-city additional charge established by ordinance, in which event Howmet shall thereafter pay the same rates charged to other out-of-city users. If not sooner, Howmet will pay the same rates charged to users within the City limits beginning January 1, 1986. 4. City will furnish sanitary sewer service to Howmet on Subject Pro- perty at rates equal to 150% of the rates charged to users located within the City limits through December 31, 1985, unless City's Board of Aldermen re- duces to a level below 50% or completely eliminates the standard out-of-city additional charge established by ordinance, in which event Howmet shall there- after pay the same rates charged to other out-of-city users. If not sooner, Howmet will pay the same rates charged to users within the City limits begin- ning January 1, 1986. -2- 5. City will furnish solid waste collection and removal service to Howmet on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments within the City limits through Decem- ber 31, 1985, unless City's Board of Aldermen reduces to a level below 25% or completely eliminates the standard out-of-city additional charge established by ordinance, in which event Howmet shall thereafter pay the same rates charged to other out-of-city users. If not sooner, Howmet will pay the same rates charged to users within the City limits beginning January 1, 1986. 6. The water service, sanitary sewer service and solid waste collect- ion service provided to Howmet by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 7. Howmet will pay to the City between October 15 and December 31 of each year of this Extension Agreement a payment in lieu of taxes. Such pay- ment shall be in cash or cash equivalents acceptable to the City and in amounts to be determined in paragraphs (A) through (I) below. For purposes of these determinations, "Normal City Taxes" shall mean the amount of normal city taxes that would have been due and payable by Howmet on December 31 of the appli- cable tax year had the Subject Property been located within the limits of the City during the applicable tax year. (A) The payment due December 31, 1979, shall be equal to 100% of the 1979 Normal City Taxes. (B) The payment due December 31, 1980, shall be equal to 100% of the 1980 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 Normal City Taxes. (C) The payment due December 31, 1981, shall be equal to 25% of the 1981 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (D) The payment due December 31, 1982, shall be equal to 25% of the 1982 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal Taxes. -3- i (E) The payment due December 31, 1983, shall be equal to 25% of the 1983 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (F) The payment due December 31, 1984, shall be equal to 25% of the 1984 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (G) The payment due December 31, 1985 , shall be equal to 25% of the 1985 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (H) The payment due December 31, 1986, shall be equal to 25% of the 1986 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (I) The payment due December 31, 1987, shall be equal to 25% of the 1987 Normal City Taxes reduced by 3 3/4% of 75% of the 1980 Normal City Taxes. In computing the Normal City Taxes, 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 Howmet. (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 Howmet. (d) The appraised value of the inventory shall be determined in the same manner that the inventory of other firms in the City are appraised. -4- (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 of the Normal City Taxes. 8. This Extension Agreement 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. 9. In the event Howmet should breach any of the provisions of this Ex- tension Agreement, 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 Extension Agreement, and to proceed to annex Subject Property. 10. City shall initiate proceedings to annex Subject Property -into the City limits early enough to be able to complete such proceedings by December 31, 1987 and Subject Property shall be included on the tax rolls of City on January 1, 1988. 11. City will furnish fire fighting services to Howmet on Subject Property. 12. This Extension Agreement shall be effective as of the date hereof. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of 1979. ATTEST CITY OF WICHITA FALLS, TEXAS BY CITY CLERK CITY MANAGER ATTEST: HOWMET TURBINE COMPONENTS CORPORATION BY -5- 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, H. & H. 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. THE STATE OF TEXAS X COUNTY OF WICHITA X EXTENSION AGREEMENT This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", and General Motors Corporation, hereinafter called "GM", WITNESSE TH: WHEREAS, GM 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 City and GM entered into an Agreement, dated September 7, 1977 (the 111977 Agreement"), wherein the City declared the Subject Property to be an industrial district and agreed to refrain from the annexation of the Subject Property until December 31, 1984, in consideration for the payment by GM of certain sums in lieu of the taxes which would have been assessed on the Subject if annexation had taken place; and, WHEREAS, due to the damage suffered by the City in a recent tornado, the City and GM have agreed to extend the period of non-annexation and to make cer- tain adjustments to the payments in lieu of taxes, both as described in the 1977 Agreement; and, WHEREAS, the Board of Aldermen of City has, by Resolution No. 2393, authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the City. NOW, THEREFORE, for and in consideration of the mutual covenants herein- after contained to be performed by the parties hereto, City and GM do hereby agree as follows: 1. The 1977 Agreement is hereby extended by the mutual agreement of the parties for a period not to exceed two years beyond the original term set forth therein. In mutual consideration for said extension, the parties further agree to certain adjustments in the terms of the 1977 Agreement, which terms shall be hereinafter restated, as adjusted, in their entirety. It is agreed that, on and after the date hereof, the terms of this Extension Agreement shall supersede the terms of the 1977 Agreement. 2. City guarantees the continuation of the extraterritorial status of Subject Property and its immunity from annexation by City for a period such that the Sub- ject Property shall not be assessable due to its appearance on the tax rolls prior to January 1, 1987. 3. City will furnish water service to GM on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through Decem- ber 31, 1984, unless City's Board of Aldermen reduces to a level below 50% or completely eliminates the standard out-of-city additional charge established by or- dinance, in which event GM shall thereafter pay the same rates charged to other out-of-city users. If not sooner, GM will pay the same rates charged to users within the City limits beginning January 1, 1985. 4. City will furnish sanitary sewer service to GM on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through December 31, 1984, unless City's Board of Aldermen reduces to a level below 50% or completely eliminates the standard out-of-city additional charge es- tablished by ordinance, in which event GM shall thereafter pay the same rates charged to other out-of-city users. If not sooner, GM will pay the same rates charged to users within the City limits beginning January 1, 1985. 5. City will furnish solid waste collection and removal service to GM on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments within the City limits through December 31, 1984, unless City's Board of Aldermen reduces to a level below 25% or completely eliminates the standard out-of-city additional charge established by ordinance, in which event -2- GM shall thereafter pay the same rates charged to other out-of-city users. If not sooner, GM will pay the same rates charged to users within the City limits beginning January 1, 1985. 6. The water service, sanitary sewer service and solid waste collection service provided to GM by City shall be subject to the ordinances of City as pre- sently existing and as may be hereinafter amended. 7. GM will pay to the City between October 15 and December 31 of each year of this Extension Agreement a payment in lieu of taxes. Such payment shall be in cash or cash equivalents acceptable to the City and in amounts to be deter- mined in paragraphs (A) through (H) below. For purposes of these determinations, "Normal City Taxes" shall mean the amount of normal city taxes that would have been due and payable by GM on December 31 of the applicable tax year had the Subject Property been located within the limits of the City during the applicable tax year. (A) The payment due December 31, 1979 shall be equal to 100% of the 1979 Normal City Taxes. (B) The payment due December 31, 1980, shall be equal to 100% of the 1980 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 Normal City Taxes. (C) The payment due December 31, 1981, shall be equal to 25% of the 1981 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (D) The payment due December 31, 1982, shall be equal to 25% of the 1982 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (E) The payment due December 31, 1983, shall be equal to 25% of the 1983 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. -3 (F) The payment due December 31, 1984, shall be equal to 25% of the 1984 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (G) The payment due December 31, 1985, shall be equal to 25% of the 1985 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. (H) The payment due December 31, 1986, shall be equal to 25% of the 1986 Normal City Taxes reduced by 3 3/4% of 75% of the 1980 Normal City Taxes. In computing the Normal City Taxes, 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 GM. (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 GM. (d) The appraised value of the inventory shall be determined 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 assess- ed value to obtain the amount of the Normal City Taxes. -4- 8. This Extension Agreement 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. 9. In the event GM should breach any of the provisions of this Extension Agreement, 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 Extension Agreement, and to proceed to annex Subject Property. 10. City shall initiate proceedings to annex Subject Property into the City limits early enough to be able to complete such proceedings by December 31, 1986, and Subject Property shall be included on the tax rolls of City on January 1, 1987. 11. City will furnish fire fighting services to GM on Subject Property. 12. This Extension Agreement shall be effective as of the date hereof. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of , 1979. CITY OF WICHITA FALLS, TEXAS BY CITY MANAGER ATTEST: CITY CLERK GENERAL MOTORS CORPORATION BY PRESIDENT ATTEST: SECRETARY -5- EXHIBIT A A tract of land out of the S. T. Bell Survey, A-634, and the H. G. Horn Survey, A-100, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at the occupied Southwest corner of said S. T. Bell Survey, A-634, said point also being the occupied Northwest corner of the Thomas Curry Survey, A-345, and the Northwest corner of Bacon Switch Addition, Block 1, an addition to Wichita County, Texas, said point being the Southwest corner and place of beginning of the herein described tract; THENCE North 000 02' West along the occupied West line of said S. T. Bell Survey, A-634, at 388.90 feet pass the Northwest corner of said Bell Survey, in all a distance of 1690.24 feet to a point for the Northwest corner of this tract; THENCE South 890 59' East 2344.97 feet to a point in the West right-of-way line of the M-K-T R. R. for the Northeast corner of this tract; THENCE South 150 24' East 1753.26 feet along said West right-of-way line of M-K-T R.R. to its point of intersection with the South line of said S. T. Bell Survey for the Southeast corner of this tract; THENCE North 890 59' West 2809.33 feet along said South line of the S. T. Bell Survey to the place of beginning and containing 100.00 acres, or 4,356,000 square feet, more or less.