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Min 03/25/1980 464 Wichita Falls, Texas Memorial Auditorium Building March 25, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o 'clock A.M. , with the following members present. Kenneth Hill Mayor Marvin Traywick i John Hampton, Jr. Aldermen Carol Russell Curtis Smith Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Jim Thomas Absent Raymond Adcock Absent The invocation was given by Alderman Traywick. Item 3 Moved by Alderman Traywick that minutes of the meeting held March 18, 1980, be approved. Motion seconded by Alderman Russell , and carried unanimously. Item 4a A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3635 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Hampton that Ordinance No. 3635 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None , Item 5a A proposed resolution was presented designating an industrial district, and approving a contract guaranteeing immunity from annexation for Ingersoll -Rand Company. RESOLUTION NO. 2481 RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH INGERSOLL-RAND COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN (7) YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . That a 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 465 Item 5a, cont'd. 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 Ingersoll-Rand Company, 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 1 , 1980, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2481 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Item 5b A proposed resolution was presented for purchase of right-of-way for 1980 Community Development Assessment Paving program. ' RESOLUTION NO. 2482 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE 1980 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM AND AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ESTABLISHING A LAND ACQUISITION POLICY. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, Section No. 1 It is necessary to acquire the following described tracts of land for the 1980 Assessment Paving under the Community Development Block Grant Program, to wit: 1980 Community Development Assessment Paving Program E. 4' of Lot 5 and 6, Block 159 Original Townsite, Wichita Falls, Texas E. 4' of Lot 6 and 7, Block 159 Original Townsite, Wichita Falls, Texas Block 180, Tract of land out of J.A. Scott Survey No. 15, Abstract 307, Vol . 1151 , Page 539. Tract of land out of J.A. Scott Survey No. 15, Abstract 307, Vol . 670, Page 435 Section No. 2 The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the 1980 Community Development Assess- ment Paving Program improvement project. Section No. 3 The following procedures shall be used in the acquisition of properties for the 1980 Community Development paving improvement project, the objective of which are to insure that uniform, fair and equitable treatment be afforded persons displaced 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. 466 Item 5b, cont'd. 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 establish an amount it believes to be just compensation therefor; promptly thereafter 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 compensation for the property acquired and the net damages or 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. .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, 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 Traywick that Resolution No. 2482 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None y Item 6a Discussion was held on award of bids for Weeks Park tennis complex. 467 Item 6a, cont'd. Bill Hursh, Director of Parks and Recreation, stated that by making some changes in the project, the cost could be reduced without changing the overall scope of the project. He noted that some of the masonry work could be reduced in the building. Stone can be taken off and replaced with plywood. No mechanical changes were made. Changes were made in the type of fixtures used in the restrooms from a wall type to a floor type bench. There are two at a savings of $350.00 each. The intercom system was taken out of the plan for a $1000 savings. Glass was changed from one inch to one-fourth inch, tempered on just one side, for a $3000 difference. A further reduction was to use a lay-down type curb around the perimeter of the parking lot. They would maintain curb and gutter on the court sides of the parking lot. They can reduce some of the retaining wallconcrete almost fifty percent. Various changes would reduce the bid by about $50,000. Alderman Hampton inquired if these changes have been approved by city inspectors and the fire marshal ? Bill Hursh stated they have not been. Aldman Hampton stated he does not feel this is ready for the Council 's action. Alderman Smith stated that he does not see this as substantially changing anything the inspectors would not approve. . RESOLUTION NO. 2483 RESOLUTION AWARDING CONTRACT TO C & R CONSTRUCTION & MANAGEMENT CO. FOR IMPROVEMENTS AT WEEKS PARK TENNIS CENTER. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of a pro-shop and other facilities at Weeks Park Tennis Center; and, WHEREAS, two bids were received, the lower bid being that of C & R Construction & Management Co. ; and, WHEREAS, the City and C & R Construction & Management Co. have agreed to some changes in the plans and specifications which reduced their bid to $243,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of C & R Construction & Management Co. in the amount of $243,000 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with C & R Construction & Management Co. for the construction on such improvements. Moved by Alderman Russell that Resolution No. 2483 be passed, contingent upon satisfying the building codes and fire marshal inspection. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Alderman Russell left the meeting at this time. Item 6b Bids were considered for an addition to the Senior Citizens complex. Meyers Brothers, Inc. submitted the low bid in the amount of $46,946. This bid exceeded the amount of funds available. Negotiations were made between the low bidder and the architect to bring the cost down to $41 ,360. Of this amount, the Senior Citizens Services of North Texas, Inc. will contribute $5,000 toward this cost, thereby reducing the City's cost to $36,360. Alderman Hampton inquired if these plans have been approved by the building inspectors and the fire marshal? Roger McKinney, Director of Planning, stated that they were presented to the Building Planning Committee of which the fire marshal is a member, and the revisions to the Chairman of that committee, and the Inspection Department. They have not indicated any disapproval . 468 Item 6b, cont'd. RESOLUTION NO. 2484 A RESOLUTION AWARDING CONTRACT FOR EXPANDING THE KITCHEN FACILITIES OF THE SENIOR CITIZENS CENTER. WHEREAS, the expansion of the kitchen facilities at the Senior Citizens Center, located at 1008 Burnett Street, is part of the approved Community Development Block Grant program for FY 1979-80; and WHEREAS, the City of Wichita Falls , having advertised for bids, received three bids, of which Meyers Brothers, Inc. offered the lowest at $46,946.00; and WHEREAS, the bid was reduced to $41 ,360.00 through mutual negotiation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Meyers Brothers, Inc. in the amount of $41 ,360.00 is hereby accepted, and the City Manager is authorized to execute a contract with Meyers Brothers, Inc. for the City of Wichita Falls to expand the facilities. Moved by Alderman Smith that Resolution No. 2484 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, and Smith Nays: None Item 7a Mayor Hill read a proclamation designating April 1 , 1980 as Census Day in Wichita Falls. Alderman Hampton stated that he had received a letter from Jon Rivkin, Mayor of Lakeside City. He read into the record this letter, and the letter dated November 6, 1977, addressed to General Donovan of the Corps of Engineers. In the letter to General Donovan, Mayor Rivkin stated that the City Council of Lakeside City voted unanimously to withdraw official objections to the survey report on the Lake Wichita-Holliday Creek Flood Control Project. The letter further stated that although they would prefer the higher spillway to maintain a deeper lake, they do not feel their opposition to the lower spillway level should jeopardize the entire project. Johnny Watson appeared as a member of the Holliday Creek flood committee. He stated that he believes if this Council had expended this much energy when they first presented their petition, instead of trying to defeat it these last three weeks, they would be farther ahead than it is now. He further stated that he does not understand why they were not given further discussion at the time hearings were held. Mr. Watson stated that he has not been to Washington, D. C. since 1941 , and he was not there as a representative of any committee on Holliday Creek. As far as he knows, none of the other members have been there either. He stated that if they defeat this project, they will not be defeating any of the members of the committee, but the poor people of Wichita Falls. The Board of Aldermen adjourned at 9:15 A.M. PASSED AND APPROVED this_4� day of �� 1980. MAYOR ATTEST: CITY CLERK THE STATE OF TEXAS X COUNTY OF WICHITA X This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City" , and Ingersoll-Rand Company, hereinafter called Ingersoll-Rand. WITNESSETH: WHEREAS, INGERSOLL-RAND 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. NOW, THEREFORE, for and in consideration of the mutual cove- nants hereinafter contrained to be performed by the parties hereto, City and Ingersoll-Rand 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 seven (7) years from January 1st, 1980 . 2 . City will furnish water service to Ingersoll-Rand 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 Ingersoll-Rand shall thereafter pay the same rates charged to users within the City limits. 3. City will furnish sanitary sewer service to Ingersoll- Rand 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 Ingersoll-Rand shall thereafter pay the same rates charged to users within the City„limits. 4 . City will furnish solid waste collection and removal service to Ingersoll-Rand on Subject Property 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 Ingersoll -Rand shall thereafter pay the same rates charged to users within the City limits . 5 . The water service, sanitary sewer service and solid waste collection service provided to Ingersoll-Rand by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 6 . City will furnish fire protection service to Ingersoll- Rand on Subject Property. 7. Ingersoll-Rand 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 1980 . 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 will be furnished to City by Ingersoll-Rand. 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 will be furnished to City by Ingersoll-Rand. 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. -2- e. Each year the then current assessment ratio estab- lished 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. 8 . 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. 9 . In the event Ingersoll-Rand 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. 10 . City shall initiate proceeding to annex Subject Pro- perty into the City limits early enough to be able to complete such proceeding by December 31, 1986 , and Subject Property shall be in- cluded on the tax rolls of City on January 1, 1987 . 11 . This contract shall be effective as of January 1, 1980. IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed by their duly authorized officers on this the day of 1980 . CITY OF WICHITA FALLS , TEXAS BY: Gerald G. Fox City Manager ATTEST: City Clerk INGERSOLL-RAND COMPANY r BY ATTEST: Yice-I r�sc�c AWL Jec'c':'; EXHIBIT A A tract of land out of Block 26, Kemp & Newby Subdivision, Cherokee County School Land, A-33, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at a point in the North line of said Block 26 and the South line of Unit One, Expressway East Industrial District, an addition to the City of Wichita Falls, Texas, said point lies in the South ricrht-of-way line of Production Boulevard and bears South 88°58134'� East 1747 . 21 feet from the Northwest corner of said Block 26 for the Northeast corner and place of beginning of this descrip- tion; THENCE South 01'01126" West 1258. 30 feet to a point in the South line of Block 26 for the Southeast corner of this tract; THENCE North 88057119" West 1726 feet along said South line of Block 26 to a point in the East right-of-way line of Hammon Road for the Southwest corner of this tract; THENCE North 01000 ' East 1258 feet along the East right-of- way line of Hammon Road to a point in the South right-of-way line of Production Bouldvard for the Northwest corner of this tract; THENCE South 88°58"34" East 1726 feet along the South right- of-way line of Production Boulevard to the place of beginning and containing 50 acres, more or less.