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Min 04/07/1975 1129 Wichita Falls, Texas Memorial Auditorium Building April 7, 1975 Item 1 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 3:00 o'clock P.M. , with the following members present: Max Kruger Mayor Harry Campsey Harrison E. Taylor Lonny Morrison Aldermen Joe Prothro J. C. Boyd, Jr. Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Item 3 r The Board of Commerce and Industry presented a slide presentation in Room 500 concerning a Human Resource Center. Herb Appel explained that back in January they began working on health care services delivery for handicapped persons. The Council endorsed this concept. Since that time they have met with several other agencies who have reviewed it. They will be going to Austin later this week to introduce state agencies to this concept. If they receive encouragement they will be asking the Council to help provide the site for this human resource center. Item 2 i Moved by Alderman Prothro that minutes of the meeting held March 18, 1975 , be approved. Motion seconded by Alderman Campsey, and carried unanimously . Item 4a Waiver of side lot line requirements was requested on Lot 1, Karr Addition. Alderman Morrison inquired when this particular improvement was discovered. Stephen Ondrejas stated that it was brought up when the builder applied for a build- ing permit. There was insufficient time to take it before the Planning Board due to the construction schedule. The Chairman and Vice-Chairman of the Planning Board were contacted, and neither offered any objections to the waiver. John Moore stated that he knew that he could not build across lot lines, and that the only justification in this request is that it would delay the process. He further stated that the owner needed to expand his facility to expedite his business for the spring scheduling of banquets , etc. Alderman Morrison stated that the basic question involves the relationship of the Planning Board 's recommendations to the Council as an advisory board. ORDINANCE NO. 2963 ORDINANCE GRANTING WAIVER OF A REQUIREMENT OF THE SUBDIVISION ORDINANCE, ALLOWING CONSTRUCTION OF A BUILDING ACROSS A LOT LINE. Moved by Alderman Boyd that Ordinance No. 2963 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd , and McCullough Nays: None. i I 1130 Item 4b A proposed ordinance was presented closing an alley adjacent to Block 2, Deaton-Waggoner Subdivision. ORDINANCE NO. 2964 AN ORDINANCE CLOSING AND ABANDONING THE ALLEY ADJACENT TO BLOCK 2 OF THE DEATON-WAGGONER SUBDIVISION OF THE CITY OF WICHITA FALLS , TEXAS. Moved by Alderman Campsey that Ordinance No. 2964 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 4c A proposed ordinance was presented setting refuse rates on certain properties abutting alley paving projects. r ORDINANCE NO. 2965 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman Taylor that Ordinance No. 2965 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 4d Discussion was held on creation of a board of arbitrators on a temporary basis for city utility bills. Alderman Morrison stated that a number of complaints have been addressed to the City within the past year, and feels that it might be satisfying to the citizens to have this matter reviewed by an outside authority. He suggested that seven persons be appointed. Any three of those persons would have authority to enter a binding award as supported by the facts. He suggested that arbitrators should be paid for this service. Jurisdictional limits of their authority should be established at a suggested amount of $150.00. The City Attorney would prepare an application form for the customer to sign. The City would have an appropriate period of time to review the claim. If a dispute con- tinued then it would be presented to an arbitration board. Alderwoman McCullough inquired why he feels the members of this group should be paid. Alderman Morrison stated that in terms of service, he feels this more nearly equates to realtors on the Board of Equalization. It might be subject to more scheduling constraints. This seems to be more of a judicial nature than public service on the other boards. Alderman Prothro stated that most of the complaints he has received have been re- ceived since the beginning of this year. The City Manager pointed out that even though the bills have been received in 1975 for cutoff service, it is .for utility service during calendar year 1974. Alderman Prothro inquired how claims over $150.00 would be settled. Would it be by Court action? Alderman Morrison ex- plained that it would be. At some later time when the Council has more experience in this field they might want to extend this amount. Alderman Campsey stated that he feels the timing is late, and we do not need it now. Alderman Taylor stated that there are enough complaints that it will keep the Board busy for a while; however, it is a board with a limited life. Alderman Boyd agreed that it is more like the Equalization Board. Several changes to the proposed ordinance were agreed upon, and incorporated into the motion. , V ORDINANCE NO. 2966 ORDINANCE ESTABLISHING A TEMPORARY PROCEDURE FOR ARBITRATION OF CLAIMS INVOLVING CITY UTILITY BILLS. 1131 Item 4d, cont'd. Moved by Alderman Morrison that Ordinance No. 2966 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. r Item 9e i Norman Pomrenke appeared as Director of Public Safety in Winston-Salem, North 4i`.✓ Carolina. He presented the public safety officer program in Winston-Salem. It began as far back as 1957. The system operates by economy of tax dollars and efficiency of service. They did not, nor will they abolish either police or fire 1 \: departments. As of July 1, 1974 they decided to not hire any more purely fire or C police officers , but strictly public safety officers. He stated that he has five functions : (1) police (2) fire (3) central system communications (4) combined all aspects of a training, and (5) legal advisor. One attorney is advisor to these matters - not the City Attorney, but someone else. A number of officers are on the street in a police capacity, but they have the opportunity to report to a fire situation. The majority of work available is on the street. If a fire alarm comes in, the apparatus and cars are dispatched at the same time. Police vehicles are the first to respond. He stated that 60 to 80 percent of their fire calls are of a minor Mature as compared to buildings. This plan enables them to put more visible police units on the street with the capability of responding to a fire. The public safety officer can respond in approximately two minutes with a certain amount of equipment. In the area of administration, certain functions can be combined, along with planning and budget. They are going into a district chief operation as an administrator below the fire chief. He stated that some reduction has occured in murder, burglary, and robbery. From 1969 to 1974 they experienced a 49 percent reduction in fire losses. He pointed out that he is not here to sell the Council, but just to present their system and to point out that it does work. The primary premise is of economy and public service efficiency. He stated that certain positions would of necessity be specialized, such as drivers of fire ve- hicles, but eventually most of the force would be public safety officers. The salary scale ranges from X dollars for firemen, X + 5% for police officers, and X + 10% for public safety officers . With proper administration and direction, he is convinced that this system can work. A good administrator can overcome poor organization. Twenty-six police units are put on the street. Prior to the public officer concept they had 18 on the street. The key seems to be in planning, and maintaining the integrity of those men hired as strictly police or firemen. Alderman Campsey explained that two alternatives were involved : request the legislature to pass a law authorizing the City to do this , or to vote out civil service. He stated that Mr. Pomrenke was invited to come because no Texas city has this operation, and Winston-Salem does have a successful operation. The Council has not made up its mind. They cannot do anything now even if they wanted to. This is just for information. Item 5a A proposed resolution was presented authorizing proposals to property owners l on Kell Freeway project. 1 r RESOLUTION NO. 1643 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY AND F.W.D.R.R. RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by independent appraisers em- ployed for this purpose by the City of Wichita Falls, and the amount of the state approved values , as determined from the appraisals, have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: 1132 Item 5a, cont'd. SECTION NO. 1 The project and properties to be purchased by Warranty Deeds are as follows : Kell Freeway & F.W.D.R.R. Relocation Project 52-380 Warranty Deed 16,706 sq. ft. out of Lots 3, 4 & 5, Block 9, Barwise & Jalonick Addition. 858 sq. ft. out of Lots 1, 2, 10 and a 20 foot alley in Block 16, Barwise & Jalonick Addition. Combined total of values approved in this resolution -------------------- $21 144. SECTION NO. 2 The value of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls , by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts are the State approved values as determined from appraisals made by the independent real estate appraisers employed by the City of Wichita Falls. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be institited condemnation proceedings to obtain such ,tract in the name of the Texas State Highway Department or the City of Wichita Falls. SECTION NO. 4 The City Manager is authorized to execute for the City of Wichita Falls a deed to the State of Texas all of the interest acquired in those right-of-way tracts required for the construction of Kell Freeway. Moved by Alderman Campsey that Resolution No. 1643 be passed . Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5b A proposed resolution was presented authorizing a quit claim deed to Texas Highway Department for property on Kell Freeway. RESOLUTION NO. 1644 � r RESOLUTION APPROVING THE TRANSFER OF TITLE OF CITY OWNED TRACTS OF LAND TO THE STATE OF TEXAS FOR KELL FREEWAY RIGHT-OF-WAY. WHEREAS, the City of Wichita Falls and the Texas Highway Department are cooperat- ing in the construction of Kell Freeway, Project 52-380, under the 1967 Capital Im- provements Program of the City of Wichita Falls; and, WHEREAS, by contract signed January 31, 1968, the City and the Texas Highway Department agreed that they would share equally in the cost of the right-of-way for this project; and, WHEREAS, the parcels hereinafter described are owned by the City of Wichita Falls and the Texas Highway Department has approved a value of Thirty Thousand Six Hundred and Fifty Dollars ($30,650.00) for such parcels which are required for right-of-way for this project; and, WHEREAS, the Texas Highway Department will pay the City an amount equal to fifty percent (50%) of the total value of these parcels required for right-of-way as soon as deeds thereto from the City to the State of Texas have been delivered and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager, acting for an in behalf of the City of Wichita Falls, is 1133 Item 5b, cont'd. hereby authorized and directed to execute deeds conveying unto the State of Texas the following tracts or parcels of land situated in Wichita County, Texas, to-wit: Parcels 881, 882 and 914 which are specifically described in the records of this project on file in the offices of the Department of Public Works in the City of Wichita Falls. The consideration for such deeds shall be the sum of fifty (50%) reimbursement of the value of Thirty Thousand Six Hundred and Fifty Dollars ($30,650.00) for the said properties under the terms of the above mentioned contract. Such deed shall reserve all of the oil, gas and sulphur under the land conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deed shall contain a general warranty. Moved by Alderman Campsey that Resolution No. 1644 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5c A proposed resolution was presented approving a distribution easement to Texas Electric Service Company at Ninth Street Reservoir. ✓' r RESOLUTION NO. 1645 RESOLUTION APPROVING DISTRIBUTION EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY AT NINTH STREET RESERVOIR. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement, a copy of which is attached hereto, for a right-of-way for an electric distribution line at the Ninth Street Reservoir, from the City of Wichita Falls to Texas Electric Service Company, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 1645 be passed. Motion seconded by Alderman Campsey. A substitute motion was moved by Alderman Morrison that Resolution No. 1645 be passed, except that the warranty provisions in the easement and right-of-way be stricken. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5d Discussion was held on a proposed water purchase contract with Red River Authority for Arrowhead Ranch Estates Subdivision. City Manager Gerald Fox ex- plained that they are requesting that the contract be amended to increase the water usage. A minimum lot size of two acres has been established. They now de- sire to waive this requirement, and make it subject to our subdivision ordinance. This changes the relationship from rural to urban intensities. All improvements would be required the same as they are in the city limits. Annexation or incorpora- tion will result at some time when a community of 10,000 people has been developed. Ed Biggs appeared representing Red River Authority and Arrowhead Ranch Estates. He stated that the Red River Authority has become involved due to the need of a sewer system and water service in order to obtain loans. They propose 1100 lots, six tennis courts , a golf course and club house facilities. Present 1134 Item 5d, contd. estimated costs of $1,692,000 do not include city streets as required under city standards. Developers have told him that the recreational facilities will be public. Construction work is scheduled over the next eighteen months. Mr. Biggs estimated minimum costs of $1,250,000 for curb and gutter, sidewalks, paving, and drainage over and above the other costs. This project is not viable with this type of costs. Developers prefer to put their money into recreational facilities . He does not agree with the density projected by the staff. There are 1730 acres left which would be developed on two acres or 10,000 square feet. This averages one family per acre. Mr. Biggs stated that as far as water is concerned, the waste water could be returned to the golf course. Eighty percent of 6.50,000 gal- lons is not for domestic use, but principally for the golf course. If it is fully developed they estimate 1500 homes over the next fifteen years. Developers are not asking for any services from the city. Alderman Morrison pointed out that both of these matters should be considered at the same time due to the possibility of it becoming urban and not meeting City subdivision standards. It was pointed out that street, sidewalk, and drainage re- quirements are the only things they are not in agreement with. Alderman Prothro inquired what advantages there are to the citizens of Wichita Falls in allowing this subdivision to develop, except a little more revenue from the sale of water? Mr. Biggs knew of none. They are hoping to attract new people. Discussion was held on the possibility of annexation, and how it would affect us at that time. Alderman Morrison wondered if the property owners could waive the right to demand annexation, and if the City did annex them at some time that they would be required to install streets, etc. up to city standards. Mr. Reagan appeared from McCulloch properties of Scotsdale, Arizona. He stated that they do not want to incorporate any of their developments. He stated that there is a dinstinct advantage to the City of Wichita Falls to have this development. It is better that you bring people in with the recreational facilities. Their specifications call for streets to be 24 feet wide. He stated that drainage will not be disregarded in their planning. Alderman Morrison inquired assuming the law would authorize a condition of agreement of annexation which could at that time require that the streets be increased in width and standards., with costs assessed against the land owner, would the land be salable if the law would allow it? Mr. Reagan stated that it would not be. Alderman Boyd stated that he believes this is the fourth or fifth presentation he has heard since he has been on the Council. It was first presented as a develop- ment for retired servicemen. The next thing was to continue to develop it a little bit more. They are now asking for a 300 to 500 percent increase in water usage. He further stated that the Council should be protecting our city's water supply. By authorizing water contracts , those people have the same access to water as the citizens of our city who built the lake. If we give them the water the least we can do is insist that the standards of development we have in this city be main- tained. He stated that he is opposed to this request. Moved by Alderman Boyd that the request be disapproved. Motion seconded by Alderman Taylor. Alderman Morrison noted that things have changed. Red River authority is the company involved in the water contract. He feels he would be anxious to see this development proceed with certain conditions, such as if water usage was; diminished it would first be diminished in recreational areas. If it is feasible to do so that if the property is annexed, all substandard improvements would be imposed as to city standards. He has been assured that we have enough water. Alderman Boyd 's motion was carried by the following vote: Ayes: Aldermen Taylor, Morrison, Prothro, and Boyd Nays : Aldermen Campsey and McCullough. Moved by Alderman Morrison that the request of Arrowhead Ranch Estates be placed on the next agenda, and that at that time: (1) the City Attorney advise the Council whether the City and the present owners can agree, in a manner to be binding on future lot owners, that upon annexation the then owners will. be assessed, at 100 percent of cost, for revising the streets , curbs, etc. of the property to 1135 Item 5d, cont'd. be in full compliance with the subdivision requirements of the City; (2) that the water usage is curtailed, irrigation uses of water by Arrowhead Ranch Estates residents be first curtailed before the prorata reduction provisions become applic- able; and (3) that the City Manager report to the Council on the fair market value of water. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. i r Item 5e r City Attorney H. P. Hodge presented the history of the Kimbell and Grace property, and their request for trade of easement at Lake Arrowhead. Henry Grace stated that the provisions of a lease dated March 15, 1968 were never carried out. They are now requesting a permanent easement, for which they would release the obligation of the City to furnish the easement, and they would pay a fair price for the difference. / RESOLUTION NO. 1646 RESOLUTION APPROVING AND AUTHORIZING EASEMENT FOR GRAZING PURPOSES ON PROPERTY AT LAKE ARROWHEAD TO G. T. KIMBELL AND HENRY GRACE. WHEREAS, the City of Wichita Falls entered into a lease agreement dated March 15, 1968, with Henry Grace, G. T. Kimbell, et al, which provided that, upon termination of the lease, City would privide Lessees an easement 1.00 feet wide in order to give them access to certain pastures ; and, an easement at the location originally contemplated, and Grace and Kimbell have requested that the City execute to them a permanent easement on a strip of land approximately 300 feet in width and 2,500 feet in length, being that tract of land owned by the City in the W. C. Davis Survey, Abstract 119, in Clay County, Texas, and that this would release the obligation the City has to furnish the other easement. WNO, THEREFORE , BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF j WICHITA FALLS, TEXAS, THAT: Such easement to G. T. Kembell and Henry Grace on the City's land in said W. C. Davis Survey, Abstract 119, for the grazing of cattle, is hereby approved, and the City Manager is authorized to execute and deliver such an easement, for which Kimbell and Grace will pay the City the sum of $100.00 per acre, will fence the easement, and will release the obligation to furnish the easement provided for in the March 15, 1968 lease. Moved by Alderman Campsey that Resolution No. 1646 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5h Mr. Dixon appeared, commenting on the purpose of the American Institute of Architects Regional Urban Design Assistance Team program. This team assists cities in assessing community needs and recommending alternative development plans. Total cost is not expected to exceed $2,000. The Planning Division and Planning Board recommended adoption of a resolution extending an invitation to them for this purpose. I f ✓ RESOLUTION NO. 1647 A RESOLUTION REQUESTING THE LOCAL CHAPTER OF THE AMERICAN INSTITUTE OF ARCHI- TECTS TO INVITE A REGIONAL URBAN DESIGN ASSISTANCE TEAM TO VISIT WICHITA FALLS. 1136 Item 5h, cont'd. WHEREAS, the Planning Division has undertaken a community renewal plan for the midtown sector; and WHEREAS , the Planning Division has received funds to contract a consultant to assist in preparation of the "Midtown 2000" plan; and WHEREAS, the American Institute of Architects has established consultant teams to assist communities in developing comprehensive development plans ; and WHEREAS, the Planning Board of the City of Wichita Falls has recommended that such a team be invited to Wichita Falls. NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Wichita Falls Chapter of the American Institute of Architects is hereby requested to invite a Regional Urban Design Assistance Team to visit Wichita Falls and assist in the preparation and review of the "Midtown 2000" community renewal sector plan; and Interested civic and business organizations are hereby requested to support the activities of the Regional Urban Design Assistance Team. Moved by Alderman Taylor that Resolution No. 1647 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. The Council meeting recessed at 6:36 P.M. , and reconvened in regular session at 8:00 o'clock P.M. Item 5f A proposed resolution was presented amending the water purchase contract with Archer County Municipal Utility District No. 1. RESOLUTION NO. 1648 RESOLUTION APPROVING AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Archer County Municipal Utility District No. 1 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Morrison that Resolution No. 1648 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5g A proposed resolution was presented authorizing Archer County Municipal Utility District No. 1 to construct their water line across the City's easements for Lake Kickapoo and Lake Arrowhead water transmission lines. 1137 Item 5g, contd. RESOLUTION NO. 1649 RESOLUTION APPROVING LICENSE AGREEMENTS AUTHORIZING ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 TO CROSS RIGHTS OF WAY FOR WATER TRANSMISSION LINES TO LAKE KICKAP00 AND LAKE ARROWHEAD. WHEREAS, Archer County Municipal Utility District No. 1 plans to construct a water system, and their water line will need to cross, at two locations, the rights of way for the water transmission lines from the City of Wichita Falls to Lake Kickapoo and Lake Arrowhead; WHEREAS, such water line will cross the Lake Kickapoo right-of-way, at a depth of approximately 3611 , at a location adjoining the east right-of-way line of F.M. Road 2650 approximately at Station 472+90; such water line will cross the Lake Arrowhead right of way, at a depth of approximately 36", at a location adjoining the -north right-of-way line of a road approximately at Station 507+30; and, WHEREAS, such District has requested that the City give it authority to cross the two rights of way. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The granting of license agreements authorizing the District to construct it water line across the City's rights of way as requested is approved, and the City Manager is authorized to execute such license agreements , which will make the District responsible for any damage which might be done to the City's water trans- mission lines and the rights of way, will hold the City harmless from any liability for the District's negligence, and shall make the District responsible for any adjustments which will ever have to be made to the lines. Moved by Alderman Campsey that Resolution No. 1649 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None, Item 6a tPermission was requested to advertise for bids for wrought iron fencing for Rosemont Cemetery. ' Y j i Moved by Alderman Taylor that authority be granted to advertise for bids 3 as requested. Motion seconded by Alderwoman McCullough, and carried unanimously. 5 Item 6b Permission was requested to advertise for bids for five flush type chemical restrooms for certain parks. ' Moved by Alderman Boyd that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item 6c Permission was requested to advertise for bids for Expressway Village Sanitary Sewer system improvements. The City Manager explained that normally the City would not take advertisements for a project like this, but because the area has developed more rapidly than anticipated, and because the new waste water treatment plant for 1138 Item 6c, cont'd. that area cannot be constructed for some time yet, it is recommended that a larger sanitary sewer lift station be temporarily constructed by the City, with the devel- opers furnishing and placing with the City all other costs including gravity flow mains and force mains, to install the entire system. Moved by Alderwoman McCullough that authority be granted to advertise for bids for sewer improvements as recommended. Motion seconded by Alderman Prothro, and carried unanimously. Item 7a Moved by Alderman Campsey that minutes of the meeting of the Park Board held March 25, 1975, be received. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 7b Moved by Alderwoman McCullough that minutes of the meeting of the Planning Board held March 12, 1975, be received. Motion seconded by Alderman Prothro, and carried unanimously. Item 7c Moved by Alderwoman McCullough that minutes of the meeting of the Executive Board of Kemp Public Library held March 12, 1975, be received. Motion seconded by Alderman Taylor, and carried unanimously. Item 8a A proposed resolution was presented approving an amendment to the Boys ' Club lease at Lake Kickapoo for the 80-acre tract. f / " RESOLUTION NO. 1650 RESOLUTION APPROVING AMENDMENT TO LEASE TO THE BOYS 'CLUBS OF WICHITA FALLS, INC. , OF LAND AT LAKE KICKAP00. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Amendment to Lease Agreement, a copy of which is attached hereto, between City of Wichita Falls and The Boys' Clubs of Wichita Falls, Inc. , amending that certain Lease Agreement dated February 12, 1970 covering eighty (80) acres, more or less, at Lake Kickapoo, is hereby approved, and the City Manager is author- ized to execute the same for the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1650 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 8b A proposed resolution was presented approving execution of a lease agreement with the Senior Citizens of North Texas, Inc.. The City Manager noted that there are two properties being negotiated for site location. 1139 Item 5b, cont'd. % RESOLUTION NO. 1651 RESOLUTION APPROVING LEASE TO SENIOR CITIZENS SERVICES OF NORTH TEXAS, INCORPORATED. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement-, a copy of which is attached hereto, from the City of Wichita Falls to Senior Citizens Services of North Texas, Incorporated, covering certain property on which the City will construct and equip a 'Senior Citizens Center, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 1651 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Alderman Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Moved by Alderman Morrison that the City Manager be authorized to purchase the two properties in question, not to exceed the maximum amount of $45,000. Motion seconded by Alderman Boyd, and carried unanimously. Item 8c Discussion was held on the request of Lone Star Gas Company for a rate adjust- ment clause. The City Manager noted the original request of Lone Star Gas, and the ensuing discussions and delays. He stated that the Council has four options : (1) consideration of one of the two ordinances (2) an actual denial, or (3) to take no action. j Buck St. John stated that the cost of gas sold to Wichita Falls customers has been $130,000 to $135,000 per month. He stated that he had been advised that they would appeal to the Railroad Commission in a very short time if no action is taken. Alderman Campsey pointed out that this is not the choice of Lone Star Gas. This adjustment is one in which a governmental agency has forced them to make. Moved by Alderman Prothro that this matter be tabled until the Railroad Commis- sion rules on GUD588 in the Courts. Motion seconded by Alderman Boyd. Alderman Campsey stated that Lone Star has offered to help the people spread out the payments to make up this difference. They would be under no obligation to do this if approval is not granted tonight. Alderman Morrison stated that he would not vote for either of these ordinances, but would vote for one conditioned upon a contractual agreement with Lone Star on an affirmative agreement to refund, and subject to a most favored nations clause if it applies to anyone else. The motion to table was carried by the following vote: Ayes: Aldermen Taylor, Prothro, Boyd, and McCullough Nays: Mayor Kruger, Aldermen Campsey, and Morrison. Mr. St. John expressed appreciation to the outgoing council members for their diligence. i Item 9a Moved by Alderman Morrison that . the Financial Report for the fiscal year 1973-74 be accepted. r ✓ I 1140 Item 9a, cont'd. Motion seconded by Alderman Taylor, and carried unanimously. Alderman Morrison stated that he had received the Auditor's report and comments and recommendations of accounting system control. He expressed considerable concern for things which have occured in the past two years. He suggested that a meeting be scheduled between the Board of Aldermen and appropriate staff members as soon as possible; that the City employ an internal auditor. He feels this is urgent. The Auditor suggested the necessity for establishment and implementation of new accounting procedures in substantive areas. These need to be instituted immediately. The Mayor stated that these things would be addressed in a work session soon. The date of April 21 was suggested. Item 9b J Moved by Alderman Prothro that Dr. Roberto Zamorano be appointed to the Board of Trustees of the Community Center for Mental Health and Mental Retardation for a term to expire July 12, 1976. Motion seconded by Alderwoman McCullough, and carried unanimously. - - — — — -- — — — !J'y Item 9c I � ✓ Alderman Boyd commented on a procedure for developing a financial assistance agreement for Wichita General Hospital. This is a suggestion that we institute a similar commission to the one in 1963, and for them to make recommendations to the Council. A second alternative is for a negotiating team consisting of two members each from the Board of Aldermen, Commissioners Court, and Hospital Board. He favored the first alternative. Moved by Alderman Boyd that the City Manager be requested to prepare an ordinance within these guidelines. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough Nays : Alderman Campsey. Item 9 A proposed ordinance was presented establishing a Mayor's Commission on the Status of Women. Alderwoman McCullough pointed out the provisions of this ordinance, and the purposes of the Commission. ORDINANCE NO. 2967 ORDINANCE ESTABLISHING THE MAYOR'S COMMISSION ON THE STATUS OF WOMEN IN WICHITA FALLS , TEXAS; PROVIDING FOR SEVERABILITY. Moved by Alderwoman McCullough that Ordinance No. 2967 be passed. Motion seconded by Mayor Kruger, and carried by the following vote : Ayes : Mayor Kruger, Alderman Taylor, Morrison, Prothro, Boyd, and McCullough Nays : Alderman Campsey. " Item 9f Returns of the election held April 1, 1975, were canvassed. A proposed resolu- tion was presented for adoption following the canvass. J RESOLUTION NO. 1652 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS , TEXAS , ON APRIL 1, 1975, FOR THE PURPOSE OF ELECTING ALDER- MEN FOR POSITIONS NO. 1 , NO. 2 AND NO. 3. 46 s 1141 i Item 9f, cont'd. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls , Texas, held in the Memorial Auditorium Building on the 7th day of April , 1975, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 1st day of April, 1975, for the purpose of electing Aldermen for Positions No. 1, No. 2 and No. 3; and, WHEREAS, after canvassing the returns of said elections, it was found to be duly and legally held in all respects, and there were cast at said election 6727 votes for the election of three Aldermen; and that FOR ALDERMAN, POSITION 1 : Robert M. (Bob) Cameron received 823 votes Mike Allen received 700 votes Gene A. Buchanan received 389 votes Ron L. Rosignol received 929 votes Hardy McAlister received 3,818 votes Write-in votes 2 votes FOR ALDERMAN, POSITION 2: James Esther, Jr. received 817 votes Guillermo (Bill) Garcia received 2,674 votes Karl G. King received 807 votes James Williams received 2,362 votes Write-in votes 3 votes FOR ALDERMAN, POSITION 3: Earl (Denny) Hess received 342 votes Roy Parish received 1,838 votes Bill E. Gowan received 3,146 votes Edgar E. Shockley, Jr. received 374 votes Louis Esquibel received 930 votes Write-in votes 5 votes AND, it appearing that Hardy McAlister received the greatest number of votes at said election for Alderman, Position 1; that Guillermo (Bill) Garcia received the greatest number of votes cast at said election for Alderman, Position 2; and that Bill E. Gowan received the greatest number of votes cast at said election for Alderman, Position 3. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Hardy McAlister, Guillermo (Bill) Garcia and Bill E. Gowan were duly and legally elected Aldermen of the City of Wichita Falls, Texas, at said election, and that said election was in all respects legally held in accordance with the laws of the State of Texas and the Charter and Ordinances of the City of Wichita Falls. Moved by Alderman Morrison that Resolution No. 1652 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Moved by Alderman Morrison that the following seven people be appointed as the panel of arbitrators for utility bills : Erton Tate, Olin Harvey, Frank Parish, Caven Crosnoe, Al Parker, Mozelle Cherry, and Vernadene Huckaby. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderman Morrison mentioned drainage improvements on the 4-H property near Midwestern Parkway, and the costs involved. It was pointed out that the City agrees to put in the drainage system above ground, and that the 4-H pay the additional cost for installation below ground. 1142 i Moved by Alderman Morrison that the City proceed with the construction of this drainage by underground concrete pipe, and that the entire cost be paid by the City. Motion seconded by Alderman Prothro. Alderman Morrison stated that this drainage was from Midwestern Parkway and Southmoor. To run an open channel basically renders the property second class. The City Manager stated that the property involved is in a natural drainage area. Ernest Lillard stated that this property was nothing but a swamp prior to devel- opment out there. It is flat, and does not have drainage characteristics. Usable area of property has been extended. The City Manager stated that he hopes the Council realizes that they would be setting a precedent, and to expect many more requests if the policy is changed. A revised motion was moved by Alderman Morrison that the City order the pipe and commence the process of providing for drainage in this area, and that the Council at the next meeting look at the existing policy to see who should pay for the cost of the concrete pipe. Motion seconded by Alderman Prothro. Moved by Alderman Campsey that this matter be put on the next agenda. Motion seconded by Alderman Taylor,` and lost by the following vote: Ayes : Aldermen Campsey and Taylor Nays : Aldermen Morrison, Prothro, Boyd, and McCullough Alderman Morrison's motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Moved by Alderman Boyd that the City Manager obtain responses to the questions raised by Mrs. Bevering and Mrs. Jarrett concerning hospital matters , and that the Council be furnished the answers. Motion seconded by Alderwoman McCullough, and carried unanimously. Alderwoman McCullough requested the City Manager to prepare responses to some of the complaints brought by Mrs. Shirley Button concerning stray animals, housing, sprinkler pools for Jaycee and Kiwanis Parks, no smoking, and clean up campaign. 1 - - — — — -- — — — Item 9 Mayor Kruger administered the oath of office to the newly elected councilmen. He welcomed them, and stated that it has been a pleasure to serve with the three retiring members. Aldermen Boyd, McCullough, and Prothro added their accolades to them, also. Moved by Alderwoman McCullough that the meeting be adjourned. Motion seconded by Alderman Prothro, and carried unanimously. The Board of Aldermen adjourned at 10:36 P.M. PASSED AND APPROVED this day of 1975. ATTEST: C� Mayor City Clerk THE STATE OF TEXAS COUNTY OF WICHITA X t LEASE AGREEMENT This lease made and entered into this the day of 1975 r- by and between the City of Wichita Falls, Texas, hereinafter called Lessor, and the Senior Citizens Services of North Texas, Incorporated, a non-profit corporation, hereinafter called Lessee. i. �- WITNESSETH: l_ For and in consideration of the mutual covenants herein contained, the parties 4 hereto do hereby agree as follows: r- 1. Lessor hereby leases to Lessee the following described property r situated in Wichita Falls, Wichita County, Texas to'with: L_ k r i_ 2. The term of this lease shall be for a period of twenty (20) years commencing on 1975 and extending to r , 1995. At the conclusion of the original term of this lease, Lessee shall have the option to exteiid this lease four (4) ad- ditional periods of five years each, ending on 2015. If Lessee desires to exercise options, it shall notify the Lessor in writing no less than sixty (60) days prior to the ending date of the original term or any option period. In the event Lessee chooses not to exercise an option by the specified time above, this lease and all subsequent options shall terminate. 3. The rental for this property shall be the sum of One Dollar ($1) , annually payable in advance on the anniversary date of this Lease Agree- ment each year. . -2- 4. The Lessor has purchased this property and will construct on such a Senior Citizens Center for the use and operation of Lessee, along with parking facilities, site improvements and major items of mechanical and f major appliance equipment such as air-conditioning and heating, plumbing, tstoves, 'refrigerators and electrical fixtures. Land purchase and original it center construction, including all of the above, shall be financed by the l_ Lessor and such property, structure (s) and equipment shall be owned by Lessor. 5. -Lessee shall provide all furnishings, furniture and office equipment (including all consumable and disposable items) which are necessary for t . . the effective and efficient operation of the Senior Citizens Center. Lessee r l . shall own such items and be responsible for their replacement. r 6. The property and structure (s) owned by the Lessor, shall be used by the Lessee only for purposes and activities involving services for the i .r Senior Citizens of Wichita Falls and North Texas as are normally provided by such an organization within the State of Texas. r { 7. This Lease Agreement shall remain in full force and effect according to the term of the Lease in Section 2 and cancellation provision as included 1 . in Section 13, except that, if the Lessee becomes inactive or so small in size and number of members that it could not effectively use these facilities so leased, this lease may be cancelled by thirty (30) days written notice to Lessee from Lessor. i 8. Lessee shall be fully responsible for all maintenance and repairs of the structure (s), equipment and grounds. Except that Lessor shall be responsible for maintenance and repairs of any structural defects and roofs. Before the Lessee makes any major improvements to the structure (s) or grounds, it shall review such with the Lessor's City Manager and obtain his (her) approval of such. Maintenance shall be accomplished continuously in a good, reasonable and workmen like manner so that the premises are maintained in as close to original condition as possible, less normal wear and tear. ' 9. Lessee shall be responsible to pay all utilities and janitorial services for the building (s) and grounds. � I 10. Lessee shall carry sufficient fire and hazard insurance on the struc- L ture (s) to protect the interest of the Lessor and the Lessor shall be made beneficiary in such policy. The Lessor's City Manager shall approve such insurance policy and an insurance certificate shall be on file with the Lessor t _ _ at all times. The amounts of insurance may be changed from time to time as approved by the City Manager. 11. Lessee shall hold the Lessor harmless for any personal injury which t may occur on the property or within structure (s). Personal injury liability insurance, in amounts approved by the Lessor's City Manager, which may 1 . change from time to time, shall be in force at all times during the term of this lease and an insurance certificate for such on file with the Lessor at all times. 12. Lessee shall not rent or sub-lease these premises to a third party without the prior approval of Lessor. 13. In the event Lessee breaks any of the covenants of this lease, Lessor shall notify Lessee in writing of such defects. Lessor shall have 30 days to correct such defects. If the defects are not corrected within 30 days, this Lease shall be terminated within 15.days after the initial defect cor- rection period. Upon termination of this lease, all property owned by the Lessor shall be returned to the Lessor in as close to its original condition as possible, less normal wear and tear. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the date written above. v t -3- yyF 3 CITY OF WICHITA FALLS, TEXAS x: BY: CITY MANAGER ATTEST: 3 CITY CLERK SENIOR CITIZENS SERVICES OF NORTH TEXAS, INC. ril BY: CHAIRMAN OF THE BOARD ATTEST: SECRETARY 4 KJ v THE STATE OF TEXAS c COUNTY OF ARCHER y AMENDMENT TO LEASE AGREEMENT WHEREAS , heretofore, the City of Wichita Falls and The Boys ' Clubs of Wichita Falls, Inc. , entered into a lease agreement dated February 12th, 1970 , whereby the City leased to The Boys ' Clubs of Wichita Falls, Inc. a certain tract of land containing eighty (80) acres , more or less, downstream from the dam at Lake Kickapoo, to be used for purposes direct- ly related to the Boys ' Club summer camp operation; and, WHEREAS, said lease provided for rental in the sum of Eighty Dollars ($80 .00) per year, and had a primary term of five years , with an option to renew the lease for an addi- tional period of five years; and, WHEREAS , the Lessee has requested that the City amend such lease to provide for a rental of One Dollar ($1.00) per year, and a further option to renew the term of same to the year 2002 . NOW, THEREFORE, for and in consideration of the premises, the City of Wichita Falls and The Boys ' Clubs of Wichita Falls, Inc. do hereby agree that such lease dated February 12th, 1970 is hereby amended as follows : Hereafter, the rental for such lease shall be One Dollar ($1.00) per year, payable annually in advance, beginning with the rental payment due February 12, 1976 . If the Lessee shall exercise its option contained in said lease for an additional five-year period, then the Lessee shall, have the further option of renewing said lease for an additional period of twenty two (22) years, which option may be exercised by Lessee by notifying Lessor in writing prior to the expira- tion of the first optional five-year term. Except as hereby amended, all terms and conditions of said lease shall remain unchanged. IN WITNESS (THEREOF, the parties hereto have caused these presents to be executed the day of , 1975. CITY OF WICHITA FALLS , TEXAS BY: Gerald G. Fox, City Manager ATTEST: CITY CLERK THE BOYS ' CLUBS OF WICHITA FALLS, INC. BY: President 2 - 3 , AMENDMENT TO WATER PURCHASE CONTRACT This agreement made and entered into this the 8th day of April, 1975, by and between the City of Wichita Falls, Texas, hereinafter called "City" , and Archer County Municipal Utility District No. 1, hereinafter called "District" , WITNESSETH: WHEREAS, heretofore City and District entered into a con- tract dated August 21st, 1973 , for the sale and purchase of water; and, WHEREAS, Section 3 . 0 of said contract provides that, un- less water is taken within two (2) years from the date thereof, the contract shall be void, and the parties desire to amend this provision of such contract. NOW, THEREFORE, for and in consideration of the premises, the parties hereto do hereby agree as follows: Section 3. 0 of said contract dated August 21st, 1973 is hereby amended to provide that, unless water is taken by August 21st, 1976, such contract shall be void. Except insofar as said contract dated August 21st, 1973 is amended herein, such contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers as of the day and year first set out above. CITY OF WICHITA FALLS, TEXAS By: Gerald G. Fox, City Manager ATTEST: City Clerk ,'fir TTrT? COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 By: President ATTEST: Secretary DISTRIBUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: -------- ...... COUNTY OF ..........yi.711 ,. -- f That THE CITY ^)P T,'71(11177� 7UIAS , A "`T`T'TCIPAL ro *PPOPAT, TON, A-CTTNr, FrPr1.T'114 BY 1XVD THROUGH ITS PU1,7 A.UTTIOPT7171.) nr.rTCFPS 0-,erein referred to in the singular, wheuwr one or morve) of-- or!-)".t.--� County, Texas, for an ,f_.0�17R :,'QTD !70 1-00------ ---------------- ......... 8n consideration ...................I...—....... .........--1......—........I.--................7 '-'-'-'-'-'-'-*---Dollars (s..... ....... to nic in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and come}, unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of 'A TT'CS, and all necessary or desiraU appurtenances (including poles made of wood, metal or other materials, telephone and tcle;rraph wire, props, gays and anchorages), at or near the location and along the general course now located and staked out ...by ski;d Company, along, over, under, arross- and upon the following described lands located in—...... C.11.....t.....el ..................... County, Texas, to wit: T'e,il,,q described as a i-r; r)f 11:11,(i o1.1t of i- -lie. 11 . P . Austin 1;urvey, Phstract 701, i'ichita C'nu!"ty, iiild I-)eirt- rr)ro- i,articularly (Iescril,ee! in that certain CleeA as in Volure 4;)'? , Pn('e, 597, ree,! ;ecords Cl Wichita County, r7e-x,*.i.-, . Tile center line of said. limo 1-tir(i lcca�cd 1rd descril-ed as follows ! DEqTNNTNC, at a point. in thr--% 1 -1n.e. c-' 11-ovP cz.:Ai.0 tract, iairl point heina 160 feet 1,.',orth e--,f i t o u t'I i I i i i e TIIENCF North 60 (4,eirees -Pa,,q-'C 00 Feet '0 a turnip(, Y;(-,!.nt in said Distri— bution line? THENCE East 100 feet to a point . Grantor recop-nizes that the gcrta-ral course- of said line, as above described, is based upon preliminary surveys only, and h,reby agrees that the easement herc'Oy graritp-A Pliall apply to the actual location of said line when constructed. Together ogether with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting. maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is Widened in the future; the right to leise pole space for the purpose of permitting others to string wire or other desirable appur- tenances or, said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of said line, any or all buildings, Structures or other obstructions which, in the Sold judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not lirnited to, said 10-foot Space, to the extent, in the sole judgment of the Company, as ni,,y be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described casement and rights unto the said Company, its successors and assigns, until said line shall be abandoned. A-I I A- L-aelay hifld-mys@wr If, !11 ils �m warrani fw4 ietever defend @A and siftgalar the-4,4A. tt"d right" m4� the .11id e— -wilist ON14fy -29-1 1,11,11"Nurve. iftwfal�y awuli- -Ir !;�rQui.-thp Same sip "51 P WITNESS .............................. --hand this........... .......... day of ........ ................................................................... 19......... Con, any Agent or rITY OF 1-!T(7FTTA PALLS , A MUFTCIPAT, E",,V,)ye(,- Securing Easement; 7,T T r,,,q T ............. ................................................................................................... COPPOPATION ST'AL ..................... --Rv...........rip-rwr&...rny. r1ty-f-1-cmager................... ............................................................................................. WITyra It clery DATE L4- NEG. NO. CONTROL NO. MAP NO. �2_ -7 SCALE LOCATION NO.1? ,.LFDR- NO. + ,13 ILS.N. f l+ NINT`-JF E3F-VF-PLY WA\7FEt:--,' Pr-.ANT 10 0 Fz� le TRIt , THE -ILI t'i IE-/-,Ni T C P /T IL V T 41 S, Tf C I T Y'F' 1� WEST 265.3' I 0 LOT 2 0° ai m rn M a M BUILDING a EQUIPMENT A 254.4 N COMPANY ADDITION � o W o LOT I M ° PROPOSED ADDITION = 4. r 229.4' w m n 4T' o i m Q 4B o' 10 m LOT I KARR ADDITION 25' 8. L. L. EAST 150.0' NINTH STREET SURVEY PLAT bCALL 1''-- 60 FT. su'1VLY _LOT_I_, BLOCKI, KARR ADDITION_- THE ABOVE DESCRIBED TRACT WAS SURVEYED_OCT._51_1971 8 SEPT. 21, 1971 a COTS I a 2 , M a M BUI L DING 8 AND THE DIMENSIONS SHOWN ARE HERLBY CERTIFIED TO BE TRUE AND EQUIPMt— NT COMPANY ADDI.I!uN CORRECT. � WICHITA FALLS,_ WICHITA COUNTY. TEXAS f � C JOHN MOORE R SS H. C0RLE77,JR. / •REGISTERED P-3LIC SURVEYOR CORLETT. GRAY & PROBST REGI5TLFLC PUULIC SURVEYORS WICHITA FALLS. TEXAS COMMERCIAL CONSTRUCTION JR A?7 oft MESCO METAL BUILDINGS , NEW HOMES -REAL ESTATE SALES > > ,K� ^ P vd. 817/322-6933 3� 1 a;9stt SYF� T AND INVESTMENTS WICHITA FALLS, TEXAS 76301 March 31, 1975 Mr. Stephen Ondrejas Director of Planning City of '4ichita Falls �lichita Falls, Texas Dear Mr. 'Ondre jas: Fr. Alex Karr has contracted with my company to construct additional dining facilities for E1 Babos Restaurant. E1 Babos Restaurant is located on the northeast corner of Eeverly Drive and Ninth Street, being lot 1 of the Karr Addition. The facilities Mr. Karr is having ,<: • constructed will be 38'_0" x 50'_34" of which 20'_0" x 50'_34" will be constructed on Lot 1 of the M & M Building and Equipment Company Addition. 1"r. Karr has leased on long term basis the 20'_0" x 50'-34" from f1r. J. R. Caldwell, the owner of Lot 1 of the P1 & fy1 Building and Equipment Company Addition. I realize that building across existing lot lines on leased property must have prior council approval. Therefore, I ask you to please pre- sent a request for a lot line waiver from the city council as soon as possible. I have a completion date of May 15, 1975, which dictates that I start construction immediately. Your expediting this request of waiver , on my behalf would therefore be greatly appreciated. f1r. Alex Karr, owner of Lot 1 of Karr Addition and Mr. J. R. Caldwell, owner of Lot 1 of M & m Building and Equipment Company Addition join me in this request and signify same by their signatures below. Thanking you in advance of expediting this request. Your/,t ly, f+1r. Al x Karr --� -- John H. Poore F1 J R. Caldwell Pi • \, G ' ���� ) Apr '�`�' � � � , n zC ra., sed Wat rr Raw er 7ransmissi: ine 1,6 - ; ..'` -- • rk a a >a f 0 00 I \. �I t � 0 ° V 1 k � v i � r 3 .r T 1 ¢ ; jam\ •- j 00 ° ProDoscd RoedwAY Case,=t