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Min 12/04/1979 i 366 Wichita Falls , Texas Memorial Auditorium Building December 4, 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 Curtis Smith Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Dr. Artie G. Alexander, Fairway Baptist Church. Item 3 Moved by Alderman Traywick that minutes of the meeting held November 20, 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 8f Moved by Alderman Russell that Items 4a through 8f on the Consent Agenda be approved. Motion seconded by Alderman Adcock. Item 4a A proposed appropriation ordinance was presented for a zoning consultant contract in the amount of $16,500. ORDINANCE NO. 3574 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5a ORDINANCE NO. 3575 AN ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None l 371 Item 9d, cont'd. person would have to live there after it was rebuilt? They might want to sell it because of additional equity. Mr. Harper stated that some of these people will not be alive in a year or two. Alderman Smith stated that he feels their first priority would be to get a ruling from the Attorney General . Mr. Harper stated that he believes that Senator Farabee could request this ruling, but he does not know how long it will take to get it. Alderman Traywick inquired if he thinks the need is identifiable enough, and specific enough, to reach everyone before the money is used? Mr. Harper stated that both Interfaith Disaster Services and the City have a pretty extensive list. Alderman Traywick also mentioned the necessity of property insurance on these properties after they are rebuilt. City Manager Gerald Fox stated that they are trying to get the guidelines for discretionary funds from HUD so that they can put together an application. They also need to know the number of individuals affected. Planning Director Roger McKinney stated that we have not received any of the seven million dollars the City has already applied for. Mr. Harper stated that a person can't get a straight answer from HUD on anything. He found out about these funds when he was in Baldwin County, Alabama. The City Manager and Planning Director were told that we were not eligible for those funds at that time. If these funds can be obtained before next April , then we do not have to sell these bonds. Alderman Thomas inquired what assurance he has that plumbers, carpenters, and electricians will do this work for free? Mr. Harper stated that Menonites and the Church of the Brethren will be in here after Christmas to help rebuild these houses. Within the last week and a half he has had seven plumbers call him and donate ,one day each week for this work. Alderman Thomas stated that we should get the Attorney General 's opinion to see whether it is legal . Mr. Harper and the City Manager confirmed that we have the authority to use Community Development Block Grant entitlement funds for rehabilitation. The only problem is that the tornado affected area is not in the target area established at that time. Mr. Harper suggested that the Council get Dr. Weaver, of IDS, to confirm the information he has presented. Alderman Hampton stated that this is putting the election in a bind by this late request. The items on the bond election were needed before the tornado. The timing on it is not right. Mayor Hill stated that he is not in favor of transferring any money around at all . If they want to vote on it, it should be on its own merits. He also asked if this could be added at a later date if it is legal? The City Attorney stated he supposed it could. It would have to meet other timing requirements. The Attorney General would have to render his opinion prior to December 26. d ORDINANCE NO. 3580 ORDINANCE CALLING A BOND ELECTION Moved by Alderman Hampton that Ordinance No. 3580 be adopted as proposed, with the election to be held on January 26, 1980. We also are requesting a ruling from the Attorney General on the legality of adding another proposition for disaster aid. If we receive an answer prior to December 25, they would consider adding to or changing the ordinance. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None . I tom\ date , P a u°sed Ordinance Hance was Presented settin9 the 3j2 B 4RD AOFE CN4NGI ` ORDINgN first regu)ar Moved by q)d ALDERMEN IN Hq Dq lE or CD NO 358I council meeting Motion se erman Smi th th NUARY, Igg pE FROMFIRST REGUL Ayes: seconded by Alder at Ord,�ance 358 dANUgRY R MlOE DING OF THE Na dcooc Hill, AI man Thomas and I be passed. ANUARV 2. Nays None k dermen Traywic' a carried by the V jtem k, Hampton, Russel fol)owing vote \Oa — — I' Smith, Thomas, and SUbdiA.Proposed resolution — — — — ion as was 7mmuni y fro an Industrial Distr sented designa m anne Xatipn for 7ct, and a Ling Wilson-Wichita a period of one Year. ng a contract Inc. ,year, guaranteeing RESOLUTION NO. 2438 RESOLUTION DESIGNATING WILSON-WI AN ADDITION TO CLAY COUNTY CHITA A CONTRACT WITH WILSON MANUFACT INC ' PRELIMINARY SUBDIVISION, AS AN INDUSTRIAL DISTRICT, AND APPROVING ITS IMMUNITY FROM ANNEXATION FOR A NPER IOD OF INC' GUARANTEEING BE IT RESOLVED BY THE BOARD OF ALDERMEN OF ONE (1) YEAR. THAT: N OF THE CITY OF WICHITA FALLS, TEXAS, SECTION 1. Wilson-Wichita Inc. Preliminary Subdivision, an addition to Clay County, Texas, being a part of the area located in the extraterri jurisdiction of the City of Wichita Falls, is hereby designated torn d district in accordance with the provisions of Section 5 off theMunicipal Ann xa Act, Article 970a of the Revised Civil Statutes of Texas. p extion SECTION 2. That certain contract, a copy of which is attached hereto, between t-ity of Wichita Falls and Wilson Manufacturing Company, Inc. , whereby the City guarantees the continuation of the extraterritorial status of the said Wilson-Wichita Inc. Preliminary Subdivision and its immunity from annexation by City for a period of one (1 ) year from January 1st, 1980, 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. 2438 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Adcock Nays: Alderman Traywick Item m 10b A proposed resolution was presented authorizing the City Manager to execute a contract for soil testing services on sanitary landfill site. RESOLUTION N0. 2439 IL RESOLUTION APPROVTEXAS, FORAGREEMENT ENGINEERINGTSERVICESTFORASANOITARYELANDFILLISTUDY. OF DALLAS, TEXAS, 0 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That an agreement between the City of Wichita Falls and NFS/National Soil . m shaAA Turn roved. f�r ereby app e uc'n en9l 1e study es mated zea be 313 Whi ch s A an tar J rrentl y authori Ob cont1 d s I exas, d un6e a l rk per oroed le 0 ty Ma a 9 WAS' 1 S Item 1 s, Inc. r Des w,is d °na ac u 6T1 00 y Wlk ,ch,to asked 50 A testa 9 shall b st e b ot to eYc d or t`ne c, No 243g be p ��owing �Ote the Con tract r at a O ute the sa hat Res°lut,°n ied by the f o omas and 360 ot;ate an Thomas t and cart SS ith� (h ne9 Moved by Alderman an kkel� , R ell ,Sm seconded by NAderm Ru Wick, Nampton, u Mot;on sec dray Hi1T NAdermen Ayes: May Adcock _ — Nays: None — — — trucks, and motorcycles• follows on police Sedans. Ite�� cars Bids were considered on be awarded as ton that bids 6,108.11 each. Moved by Alderman "amp _ Morgan dodge @ _ Morgan Dodge vehicles, intermediate size w/4 bbl engine a Nine police vehicles standard size tt b. Four police 2 bbl engine - Bagge @ $6,339.68 each. intermediate size wl C. Four police vehicles, Bridwell @ $5,973.68 each. Motion seconded by Alderman Thomas, and carried unanimously• b Alderman Thomas that the low bid meeting specifications be awarded Moved by to Kidwell GMC in the amount of $9,892.15, for one crime prevention van. Motion seconded by Alderman Russell , and carried unanimously. Discussion was held on award of the bid for seven police solo motorcycles. appeared, Gerald Miller representing Miller's Harley Davidson. He stated ycle by that it was necessary to bid a 1980 mmotorcc against a 7 clebecausethefacto�ycdoes not Eddie Hill . He could not bid a 1979 y There have been some improvements make them any more. They change over in July. in the 1980 model over the 1979. Mr. Miller stated that had it been a car, a foreign car could not have been bid. The Harley Davidson is built and assembled in America. It appears that there is an inequity here in the difference in the year involved. Alderman Traywick noted that we are still in 1979. Mr. Miller stated that Kawasaki is building 1980 models at the present time. He stated that he does not know whether they are built in this country or not, or whether they are assembled here. He stated that Kawasakai did not meet specifications on the oil cooler and throttle lock. The specifications were checked, and found that the Kawasaki did meet them. Mr. Miller stated that the City is breaking precedence as established with the automobile industry. The City Manager stated that this precedence has been broken on certain things where competition requires, such as a compact truck. The City Manager pointed out that all of these people were invited to the specifications meeting, and invited to comment and make suggestions, some of which they take and some they don't. It was pointed out that the bid form that went out specified either a 1979 or 1980 motorcycle, whatever the current model is. Mr. Miller displayed a safety bulletin from the Department of Public Safety pertaining to injuries received by an officer riding a motorcycle. He stated that if too much power is put on a light frame, it can go into what is called a high speed wobble. Alderman Thomas asked Mr. Miller if he is saying that a Kawasaki will do this, and a Harley Davidson won't? Mr. Miller he knew of only one court case where this happened, but he personallyated knewtoftnone which had. Alderman Smith stated that these things should have been discussed in a pre- bid hearing. We are not here to write the specifications today. Alderman Tr aywick 374 Item lla, cont'd. agreed. Mr. Miller stated that he only learned of this accident yesterday. r seven police solo motorcycles e Moved by Alderman Smith that the bid fo awarded to Eddie Hill Fun Cycles in the amount of $3,875.00 each. Motion seconded by Alderman Adcock. r. Miller stated that the City of Houston has three lawsuits against M in American products, Kawasaki . He furtherateoetmenthonedl the enational economy in relation to against foreign products. this. The motion was carried unanimously. Moved by Alderman Thomas that the bids for staff cars be awarded as follows. a. One staff car, standard size - Baggett Bridwell @ $5,883.81 b. Five staff cars, intermediate size - Morgan Dodge @ $5,195.73 each Motion seconded by Alderman Hampton, and carried unanimously. M oved by Alderman Thomas that the bids for trucks be awarded as follows. a. One 15,000 GVW Truck - Kidwell GMC - $8,320.00. b. Six 23,000 GVW Trucks --KMorgan Dodge @9$4,676 15,049.50 aeach. c. Twelve 1/2 ton pickup;ckup - Longhorn Chevrolet - $4,144.85 d. One 1/2 ton compact p e. One 3/4 ton pickup - Longhorn Chevrolet - $5,161 .66. f. Five 9,000 GVW Trucks-- Longhorn CChevrolet hevrolet@@$$5,481 . 7 each. g. One 39,000 GVW Truck Longhorn Motion seconded by Alderman Smith, and carried unanimously. Item1 2a ranted to advertise for bids Moved by Alderman Thomas that authority be g for an annual supply of automotive storage batteries. Motion seconded by Alderman Russell , and carried unanimously. Ite_m 12b ranted to advertise for bids for Moved by Alderman Thomas that authority be g an annual supply of tires and tubes. Motion seconded by Alderman Russell , and carried unanimously. Ite__ appointed to the Zoning Moved by AldernErtonThomas tthat Charles Dunham be Commission to replace e. Motion seconded by Alderman Adcock, and carried unanimously. Item 13b Discussion was held on U-turns on Kemp Boulevard. notified of the Alderman Smith stated that he was sorry that he was not meeting of the Traffic Commission so that he could o u d havetattended,s siion and presented some facts. special m 9lived with He stated that he has thoroughfare 3 ears. Two lanes are blocked on a 40 mph tust°making ethe cprohibitilonufrom 1 y all day long, and � This situation is occuring 375 Item 13b, cont'd. 5:00 P.M. to 1 :00 A.M. will not help anything. Several accidents have occured in front of his business. Acting Traffic Director Jack Griffin stated that the recommendation Traffic Commission was to allow U-turns where there is a left turn b Smith stated that it is his recommendation that they only be allowed of the is both a left turn bay and a signal light. bay. Alderman d where there Police Chief Harrelson stated that the problem on Kemp is that the left turn bays fill up and stack up traffic in other lanes. Moved by Alderman Thomas that U-turns on Kemp be authorized only in left turn bays where there is signalization. Motion seconded by Alderman Traywick, and carried unanimously. ✓ Item 13c - - - - - - - - - James Green appeared, requesting permission to park his mobile home on Lane. He has 3 112 acres, and there are already five mobile homes in desires to park it adjacent to his Sunset a muscular disease, and needs to bep near tthemme (not a mobile home) becauseaheahasHe The City Manager explained that unless the ordinance is changed or wai cannot obtain permission to connect his m He needs to connect it to utilities. that there would be three city lots between him theome to nexthe which he not a mobile home. He stated se, which is also Alderman Hampton noted that we have the case on appeal , and we cannot to make any variances at this time. The Board , however, that they are sympathetic. of Aldermen stated afford The Board of Aldermen went into executive session at 12 appointments to the Human Relations Commission. The regular meeting d�scuss 12:25 P.M, 9 resumed at Item m 13a - - - - - - - - - Moved by Alderman Russell that the following be appointed to the Human Commission for terms as indicated, with each term beginning in 1980 t December 31 of the pp Relations Bryant as Chairman.year to coincide with the appointment, and designat�ngx6axtonire n a. Dr. Guillermo Garcia - 1 year b• Joe Hernandez - 2 years c. Rosendo Rodriguez, Jr. - 3 years d. Rupert Rodriguez - 1 year e• Dr. Seunggi Paik - 2 years f• William Mitchell - 3 years 9• Tom Crane - 1 year h. Margaret Stewart - 2 years i . Carole Sinclair - 3 years j• Baxton Bryant - 1 year (Chairman) k. Dr. Joe Hilburn - 2 years I . Mrs. Carol Sanders - 3 years m. Harrison Taylor - 1 year n. Col . Maurice Ripley - 2 years o. Charlye 0. Farris - 3 years Motion seconded by Alderman Adcock, and carried unanimously. The Board of Aldermen adjourned at 12:30 P.M PASSED AND APPROVED this day of 1979. ATTEST: MAYOR CITY CLERK 1 , STATE OF TEXAS Texas Department of Water Resources COUNTY OF TRAVIS TDWR Contract No. 03-0734 The Texas Department of Water Resources , hereinafter referred to as the "Department" and City of Wichita Falls a duly organized political subdivision of the State of Texas, hereinafter referred to as "Cooperator" , as participants in a Cooperative Water Resources Investigation Program sponsored by the Geological Survey of the United States Department of the Interior, hereinafter referred to as the "Survey" , hereby make the following contract and agreement: 1 . The Department, or the Survey at the instance of the Department, shall perform the investigations listed in Attachment No. 1 , which is made a part hereof, pursuant to the master agreement covering same between the Department and the Survey entitled "1980 COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCES IN TEXAS" and Memorandum of Cooperative Agreement, a copy of which is attached hereto and made a part hereof for all purposes , as Attachment: No. 2, dated 8/20/79 , from Mr. I . 0. Yost, District Chief, Water Resources Division of the Survey, to the Department. 2. The estimated cost of the listed investigations is $9,630 , of which the Cooperator shall remit to the Department the sum of_ 1948 on demand after the lst day of September, 1979, but under no circumstances later than February 28, 1980. 3. In the event the funds or technical services are not available for the Department' s share of the costs , this agreement shall be null and void , and any funds contributed by the Cooperator shall be refunded in full . This agreement shall not be construed as creating any debt by or on behalf of the State of Texas or the Texas Department of Water Resources. 4. In the event of major damage to any of the stations , listed in Attachment No. 1 by floods or, other causes , or in case it becomes desirable to move a station or stations to a new location, the cost of repairing such damage or moving such station will be mutually agreed upon by the parties hereto, and the Cooperator, if sufficient funds are available, shall contribute on the same basis as for other work provided herein. 5. If the Cooperator fails to pay the Department the amount of money agreed upon in Paragraph 2 of this contract on or before February 28, 1980, the Department shall have the option to cancel and terminate this contract by written notice to the Cooperator. If this contract is so cancelled and terminated prior to August 31 , 1980, the Cooperator will be obligated to pay the Department for that portion of the contract price which the work and services already performed bears to the total work and services , required under the contract, less any payment previously made or, as appropriate, the Department shall refund the unexpanded portion of the Cooperator' s contribution or the portion thereof which the Department is not obligated to expend on work performed up to the date of termination. 6. This agreement may be amended by mutual written agreement of the parties. 7. This agreement supersedes every previous cooperative contract between the Department and the Cooperator. In Witness Whereof, the parties have caused this contract and agreement to be duly executed in triplicate, this 1st day of September, 1979. CITY OF WICHITA FALLS TEXAS DEPARTMENT OF WATER RESOURCES COOPERATOR by: _— By: Joe C. Smith Harvey Davis Director of Utilities Executive Director 1-7111tcd Statcs I )c1ml-tillclit- (d thu 111tcl-101, WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 6TH STREET AUSTIN, TEXAS 78701 August 20, 1,979 ATTAClUE-NT "'0. 1 Description of work rm(l fimd;,jl,, for wat I. ions under cooperative agreement hetween 01' ti-IICIIIYA FALLS , Texas Departm—rlt of Water Resources and TI. S. Survey for the State fiscal ve'-'11' ending August- 31, 1980. Program Description I. Surface-Water I T)V C'S t,i a t i oms A. Operation and maintenance Of the following streamflow and reservoir-content stations : 07314500 TJ tt.le wiciiii t :� River near Archer Citv , Tex. 07314800 Lake Arrowhead near llem-ictLl , Tex. 07314900 little J�Tjchi ta River at)ove Henrietta, 1'ex. TOTAL 1980 PR0G1'.1.\l COSTS---------------------$9, 3 City of 1,liclljta Falls share----- ---$3 , 948 shire--------- ----------- ----- 807 LISGS sliar(------------------------- 4,815 t. now i a '' e United States Department of the Interior r .�» (:E0L0(;ICAI, SiiRVEY WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 8TH STREET ir;+ AUSTIN. TEXAS 78701 ATTACHMENT NO. 2 ' August 20, 1979 Memorandum i1�iYM To: C. R. Baskin, Director, Data and Engineering Services Division Texas Department of Water Resources, Austin, Texas From: I . D. Yost, District Chief, Water Resources Division Austin, Texas Subject: Cooperative Agreement: Texas Department of Water Resources and U.S. Geological Survey, 1980 fiscal year ending August 31, 1980 The CITY OF WICHITA FALLS (Cooperator), Texas Department of Water Resources, and tile U.S. Geological Survey have a water-resources investigational program described in Attachment No. 1. Please include this program in our Cooperative Agreement for water- resources investigations in Texas for the fiscal year 1980. The Contract and Agreement between the Cooperator and the Texas Department of Water Resources (Department) should be bound by the following terms and conditions: 1. The Department agrees to cause the Survey to conduct the ' investigations described in Attachment No. 1 and furnish the Cooperator copies of the information and records thus obtained. 2. In the event of major damage to the hydrologic station facilities by floods or other causes, or in case it becomes necessary to move the facilities, it is agreed that costs involved will be mutually agreed upon by the parties hereto and shared by them on the basis indicated in Attachment No. 1. 3. It is further agreed that with advance written notice and mutual understanding by each party, the Contract and Agree- ment may be amended to exclude work being; done or to include additional work and funding adjusted accordingly. i 4. 'I'tie program crest is $ 9,630 01 this amount $ -0- ' is allotted to ground-water investigations; $ -0- is allotted to surface-water quality investigations; - and $ 9,630 is allotted to surface-water quantity investigations. 5. The Survey will contribute $ 4,815 of these costs; the Department will contribute $ 867 of these costs in Technical Services and contract with the Cooperator to obtain the remainder of these costs, or a sum of $ 3,948 to conduct the investigations for the period ` September 1, 1979, to August 31, 1980. Please furnish me onee copy of the Contract and Agreement between the Department and the Cooperator. i 1 . D. ost. "'�•"" Attachment cc: Joe C. Smith, Dir. of Utilities, Wichita Fa1.1s, Tex. CRC:mlb now -2- r�.r� 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, hereinafter called "City" , and Wilson Manufacturing Company, Inc. hereinafter called "Wilson". WITNESSETH: WHEREAS, Wilson is the owner of a certain tract of land, hereinafter called "Subject Property" , located in Clay 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 the City has, by Resolution No. , designated Subject Property as an industrial district, and auth- orized 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 Wilson do hereby agree as follows: 1. City guarantees the continuation of the extraterritorial status of Subject Property, and its immunity from annexation by City for a period of one (1) year from January 1st 1980. 2. City will furnish water service to Wilson on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through- out the term of this contract, unless the City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event Wilson shall thereafter pay the same rates charged to users with- in the City limits. 3. City will furnish solid waste collection and removal service to Wilson on Subject Property, if desired, at rates equal to 125% of the rates charged to commercial and business establishments 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 Wilson shall thereafter pay the same rates charged to users within the City limits. 4. The water service and solid waste collection service provided to Wilson by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 5. City will furnish fire protection service to Wilson on Subject Property. 6. Wilson will pay to City during the one (1) year 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. This payment shall be made between October 15 and December 31, 1980. In computing the amount that their taxes would be each year during this con- tract, 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 im- provements, which cost figures will be furnished to City by Wilson. 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, equip- ment and other personal property, which cost figures will be furnished to City by Wilson. i 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. The current assessment ratio established by the Board of Aldermen shall be applied to the appraised value in order to obtain the as- sessed value; the 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 had the property been located within the City limits. The payment in lieu of taxes shall be 25 0 of the amount so computed. 7. 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. 8. In the event Wilson should breach any of the provisions of this con- tract, 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. 9. This contract may be extended, at the option of the City, in one year increments under the same terms and conditions. In no event, though, shall there be more than six such annual extensions. If the contract is not to be extended by the City, prior to its expiration on December 31st of the contract year, Subject Property shall be annexed to the City limits and shall be included on the tax rolls of the City as of January 1st of the following year. 10. This contract shall be effective as of January 1, 1980. CITY OF WICHITA FALLS , TEXAS BY: Gerald G. Fox City Manager ATTEST : City Clerk WILSON MANUFACTURING COMPANY, INC. BY: ATTEST: Secretary -2- i EXHIBIT "A" A tract of land out of Block 35, Kemp & Newby's Subdivision of part of Cherokee County School Land, Clay County, Texas; preliminary platted as Lot 1, Block 1, Wilson-Wichita, Inc. Subdivision before the City of Wichita Falls Planning Board on August 8, 1979, more particularly des- cribed as follows: Beginning at a point which bears 'S 000 04' 57" W 14. 33 feet from the intersection of the South right-of-way line of the MISSOURI, KANSAS, TEXAS RAILROAD and the East right-of-way line of Wilson Road. THENCE S 000 04' 57" W 1663. 4 feet THENCE East 1728. 9 feet THENCE N 000 09109" E 12 48. 1 feet THENCE N 760 02159" W 1692. 3 feet THENCE S 130 57101" W 5 0. 0 feet THENCE N 760 02159" W 58.7 feet THENCE N 230 45112" W 45. 6 feet to the place of beginning and containing 58.00 acres of land more or less.