Min 02/15/1972 - 517
Wichita Falls, Texas
Memorial Auditorium Building
February 15, 1972
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 10:00 o'clock A.M. , with the following members present :
Kenneth Hill Mayor
Harry Campsey
Harrison E. Taylor X
Larry Lambert Aldermen
Dick Darner X
J. C. Boyd, Jr. X
Bill Drake X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Lambert.
Item 3
Moved by Alderman Darner that minutes of the meeting held February 1, 1972,
be approved.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 4a
A proposed ordinance was presented establishing a data access control plan.
Jerry Dunn explained that some possible improvements were requested when it was
previously discussed by the Council. Several groups were contracted and no sub-
stantial changes were recommended. Section One was re-worded to clarify what
records and what applicants are governed by this ordinance. Section Two clarifies
who the Data Registrar is, and requests controlled by this ordinance has been
added. Section 8.1 pertains to restriction of vital statistics. Section 8.3
corrected an Error regarding confidential officers reports. Section 8.6 was
added which provides that the Director under whose responsibility the data is
gathered be notified when information is released.
ORDINANCE NO. 2688
AN ORDINANCE CREATING A DATA ACCESS CONTROL PLAN.
Moved by Alderman Darner that Ordinance No. 2688 be adopted.
Motion seconded by Alderman Taylor.
Alderman Lambert commented on Section 5 regarding information to be used
in a law suit. Also, Section 8.3 regarding police department information. He
suggested that changes be made to allow a court of competent jurisdiction to
request release of certain information. City Attorney H. P. Hodge, Jr. , stated
that it seemed to him that under the circumstances described by Alderman Lambert,
that the City should follow the dictates of the Court.
Moved by Alderman Boyd that this be postponed until after the new Council
has been elected.
Some discussion followed; however, Alderman Boyd's motion did not receive a
secton.
Mayor Hill commented that they have had an opportunity to study this, and
that a new Council would have to study it, also. Alderman Darner did not believe
we should delay it any longer. Mr. Fox explained that a part of the computer
applications should be implemented within 30-60 days, and the sooner we have guide-
lines the better off we will be. It was pointed out by Alderman Taylor that an
ordinance can be changed later on if it is determined that it is needed. Alderman
Boyd commented on Section 7 regarding the "need to know." He felt this phrase
518
Item 4a, Cont'd.
should be defined before it is approved. Alderman Lambert pointed out that this
is discussed in Section 3.1B. Alderman Taylor stated that he believed the need
to know is related to all sections of the ordinance. Section 3 refers to a Data
Access Advisory Board, and Mr. Fox explained that it would be their intention to
give the Council the recommendations of the Advisory Board. Alderman Campsey was
in favor of delaying this ordinance for two weeks for further study. Alderman
Lambert mentioned the prescribed fee in Section 4 regarding a person's own infor-
mation. It was explained that a person would not be charged for his own infor-
mation unless he requested something that was not readily available, and which
would require additional programming to obtain. Alderman Lambert also inquired
what review there would be of the fee schedule set by the City Manager (Section
2) . Mr. Fox explained that the fee schedule would probably be based on an
hourly rate for programmers and computer time.
Alderman Lambert proposed the following two changes, which was agreed by
Aldermen Darner and Taylor to incorporate into their motion and second for pass-
age of Ordinance No. 2688.
a. Section 3.1B. To assist the Data Registrar and the Board of Aldermen
in establishing criteria to determine the "need to know" test.
b. Section 12. Notwithstanding the provisions of any other section
herein restricting the release of information, the Data Registrar
and other employees of the City having custody or control of data
covered by this ordinance shall produce and release any information if
and as directed by the lawful order of a court of competent juris-
diction.
The present Section 12 will be renumbered as Section 13.
Wayland Keith, 2208 Piedmont, commented on tax records which he tried to
obtain a few years ago from the computer. He also commented that some people may
have a need for certain information, and they might not want to give it to them.
He felt this should be left to a vote of the people to see whether they want to
have this information computerized. Alderman Lambert explained that this ord-
inance does not have an emergency measure, and would not go into effect for 30
days. Mr. Keith inquired about obtaining manual tax records. It was explained
that in order to do this a person would need to know the ownership and legal
description of the property.
The motion to adopt Ordinance No. 2688 with the suggested changes was
carried by the following vote:
Ayes : Aldermen Taylor, Lambert, Darner, and Drake
Nays : Aldermen Campsey and. Boyd.
Item 4b
j} ✓
r A proposed ordinance was presented closing an alley in Floral Heights
Addition.
ORDINANCE NO. 2689
AN ORDINANCE PERMANENTLY CLOSING AND ABANDONING THE NORTH-SOUTH ALLEY
IN BLOCK 21 OF THE WESTSIDE ADDITION OF THE FLORAL HEIGHTS ADDITION TO
THE CITY OF WICHITA FALLS, TEXAS, FROM AVENUE K TO THE OLD SEYMOUR
ROAD - AVENUE K EXTENSION.
Moved by Alderman Boyd that Ordinance No. 2689 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5a
A proposed resolution was presented calling the regular city election. The
519
Item 5a, Cont'd.
Mayor commented that he is concerned about reducing the number of polling places
from 32 to 21. The City Manager stated that the County is the only local govern-
mental agency who does not combine precincts - the othersdo. He also explained
that the City Clerk has reviewed the voting demand in certain precincts, and that
many of them can logically be combined and not disrupt the voters.
Raul Orona appeared, stating that moving Travis (County Precinct 2) and Huey
(County Precinct 41) voting districts into the Court House (County Precinct 1)
polling place will be a problem in regard to transportation for some people. He
explained that this year they have done considerable work in educating certain
voters in Mexican-American areas, and feels they should be allowed to vote in
their own neighborhoods- The. City Clerk explained the locations of various pre-
cincts , past and proposed. Mr. Orona stated that he was only interested in the
Travis and Huey school areas..
RESOLUTION NO. 1266
BE IT RESOLVED BY THE BOARD FO ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
An election shall be held in the City of Wichita Falls, Texas on April 4,
1972, for electing the following officials of said City:
Mayor
Alderman. . . . . . . . . . . . . . . .Place Four
Alderman. . . . . . . . . . . . . . . .Place Five
Alderman. . . . . . . . . . . . . . . .Place Six
and also at said election there shall be submitted the proposition, as required
by referendum petitions heretofore filed, as to whether or not Ordinance No. 2682
providing for a CATV System in Wichita Falls shall be repealed.
The said election shall be held at the following named places with the
following persons as Presiding Judges and Alternate Presiding Judges within the
following precincts, to-wit:
(The voters residing in the corporate limits of Wichita Falls within the County
Precinct numbers given herein vote in the City Boxes as shown below.)
- - - - - VOTING PLACES & JUDGES - MUNICIPAL ELECTION, APRIL 4, 1972 - - - - -
COUNTY PRECINCT CITY BOX
NUMBER VOTING PLACE JUDGE NUMBER
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 Wichita County Courthouse Mrs. Guy Beard 1
7th and Lamar Mrs. J. R. Bell, Alternate
2 Travis School 2
300 3rd St.
3 & 4 Lamar School Mrs. Bob Wise 3
2206 Lucas Mrs. Lallora Taylor,
Alternate
5 & 50 McGaha School Mrs. Bob Pack 4
1537 Hampstead Mrs. C. D. Wages, Alternate
6 & 43 Ben Franklin School Mrs, Bailey Meissner 5
2112 Speedway Mrs. E. G. Brown, Alternate
7, 40
& 54 Washington Kindergarten Mr. C. E. Jackson 6
600 Flood Mr. C. C. Durkee, Alternate
8 Fain School Mrs. A. D. January 7
1404 Norman Mrs. Al Flack, Jr. ,
Alternate
9 & 11 Reagan Jr. High School Mr. R. S. England 8
1104 Broad Mrs. Barney Williams,
Alternate
520
Item 5a, Cont'd.
10 & 15 Alamo School Mrs. Fred Martin 9
1912 llth St. Mrs. J. C. Davidson,
Alternate
12, 31, Texas Highway Dept. Hq. Ray Martin 10
48 & 58 1601 Southwest Parkway Mrs. Norma Crane, Alternate
13, 26, Fannin School Mrs. Mozelle Laseman 11
27 & 61 710 Burkburnett Rd. Mrs. R. J. Condon, Alternate
14 & 45 Crockett School Mrs. Steve Marchand 12
3015 Avenue I Mrs. J. W. England, Alternate
16, 57 Rider High School Mrs. George Bartosh 13
& 59 4611 Cypress Mrs. Bill Graham, Alternate
17 & 47 Carrigan School Mr. C. L. Murph 14
1609 Blonde Mrs. C. L. Murph, Alternate
41 Huey School
1513 North 6th St.
18, 42 Hirschi High School Mrs. H. L. Petete 16
& 46 3106 Borton Lane Mr. H. L. Petete, Alternate
19 & 44 Wichita Falls High School Mr. P. R. Flake 17
2149 Avenue H Mrs. P. R. Flake, Alternate
20 & 22 Zundelowitz Jr. High School Mr. John J. Kemp 18
1706 Polk Mrs. I. C. Presson, Alternate
21 & 53 Harrell School Mrs. George Wyatt 19
3115 5th St. Mrs. F. E. Boyd, Alternate
23, 24 Sam Houston School Mrs. George Stracener 20
& 25 2500 Grant Mrs. T. M. Moore, Alternate
30 & 51 Barwise Jr. High School Mrs. E. E. Wood 21
3807 Grant Mrs. Jack Lynch, Alternate
52 Ben Milam School Mrs. John Penn 22
2906 Stearns Mrs. Edmond Majewski,
Alternate
55 & 56 Cunningham School Mrs. Charles Box 23
4107 Phillips Mrs. Sarah Lewis, Alternate
The presiding judge for each precinct shall appoint such clerks , not less than two
(2) nor more than four (4) , as he deems necessary for the proper conduct of the
election.
The Chief of Police shall post a properly executed copy of this Resolution, order
and notice at the places where the election is to be held, such notice to be posted
at least thirty (30) days before the date of said election.
Moved by Alderman Lambert that Resolution No. 1266 be passed, as amended in the
following way: County Precinct No. 1 will vote at the Court House with the same
judge and alternate; County Precicnt No. 2 will vote at Travis School as City Box
No. 2, with the judge and alternate to be appointed later. City box numbers will
be moved down until we get to City Box No. 15, which will be County Precinct No.
41, to vote at Huey School, with the judge and alternate to be appointed later.
The remaining City Box Numbers will be renumbered following No. 15.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
521
Item 5b
Proposed resolutions were presented authorizing the City Manager to execute
quit claim deeds for Parcels 2 and 137 to the State of Texas for Kell Freeway
right-of-way. ✓
RESOLUTION NO. 1267
J
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
The City Manager is authorized to execute for the City of Wichita Falls a
quit claim deed to the State of Texas all of the interest acquired by the City in
Parcel No. 137, Kell Freeway Right-of-way, being a tract containing 10,000 square
feet of land, more or less, by virtue of the judgment in Cause No. 11 ,364 in the
County Court of Wichita County, Texas, being State of Texas vs Gene Stephens et ux.
Moved by Alderman Darner that Resolution No. 1267 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
RESOLUTION NO. 1268
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , THAT:
The City Manager is authorized to execute for the City of Wichita Falls a
quit claim deed to the State of Texas all of the interest acquired by the City in
Parcel No. 2, Kell Freeway Right-of-way, being a tract containing 17.932 acres of
land, more or less , by virtue of the judgment in Cause No. 11336 in the County
Court of Wichita County, Texas, being State of Texas vs Felix G. Payne Jr. , et al.
Moved by Alderman Darner that Resolution No. 1268 be passed.
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 5c
J The City Manager explained that the Planning Department has been studying
j vacant land in the city. The report indicates that three urban policies should
be developed in a coordinated fashion - land use controls , areas of rehabilitation
and redevelopment, and extraterritorial jurisdiction. The Planning Board has
reviewed and approved these goals and guidelines. A proposed resolution was pre-
sented receiving this vacant land study.
RESOLUTION NO. 1269
A RESOLUTION RECEIVING THE VACANT LAND STUDY, ENDORSING THE ACTION
OF THE PLANNING BOARD IN ESTABLISHING URBAN DEVELOPMENT GOALS FOR
AN URBAN ACTION PROGRAM, AND INSTRUCTING THE PLANNING BOARD TO
INVESTIGATE AND RECOMMEND URBAN POLICIES AIMED AT MEETING SAID
URBAN DEVELOPMENT GOALS.
WHEREAS, the Planning Board has the duty to project plans for the improvement
of the city; and
WHEREAS, the Planning Board has the duty to assist the Board of Aldermen in
executing proper plans of municipal development and growth; and
WHEREAS, the Planning Board has the duty to suggest to the Board of Aldermen
plans for clearing the city of blighted areas; and
WHEREAS, the Planning Board has officially received the Vacant Land Study;
and,
WHEREAS, the Planning Board recommends an Urban Action Program be instituted
in Wichita Falls , Texas ; and
WHEREAS, the Planning Board recommends that the Urban Action Program consist
of Policies which meet the following Urban Development Goals :
522
Item 5c, Cont'd.
To promote action which will result in patterns of land use in Wichita Falls,
Texas and on the urban fringe consistent with sound principals of economics,
urban planning, and land resource management;
To encourage action to improve and protect the quality of the environment by
recommending adequate environmental standards, and a method to enforce such
standards;
To guide proper urban growth into vacant developable areas but at the same
time insuring appropriate and orderly use of the land;
To influence development densities so that property can be adequately
serviced by such governmental facilities as the street, school, recreation, and
utility systems;
To encourage new approaches to conserve and rehabilitate those areas in
which large public and private capital investments have already been expended;
To explore methods to enhance the aesthetic qualities of the city by reducing
visual pollution and increasing the quality of design;
To stimulate innovative land development techniques which increase land
utilization and minimuze or even stem rising home costs ;
To promote a comprehensive approach to urban problem solving which co-
ordinates social, economic and physical programs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
The Vacant Land Study is hereby officially received; that
The action by the Planning Board in establishing the Urban Development Goals
of the Urban Action Program is hereby endorsed; and that
The Planning Board is hereby instructed to investigate and recommend urban
policies aimed at meeting said urban development goals.
Moved by Alderman Taylor that Resolution No. 1269 be passed.
Motion seconded by Alderman Lambert.
Alderman Boyd commented that some people are calling this zoning; however,
the Council is not. He mentioned that the homebuilders and BCI have had some
questions. It was pointed out that this is only a continuing study, and before
any final action is taken, public hearings will be held before the Planning
Board and Council, as well. Mayor Hill commended Mr. Ondrejas and his staff,
and the Planning Board for their work on this study.
The motion was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 6a
/ Bids were considered on the Sanitation Department Building. It was recommended
that the bid be awarded to M & F Litteken on the straight frame metal building with
insulated walls in the amount of $7,835.00.
Moved by Alderman Taylor that the bid be awarded as recommended.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 6b
Bids were considered on sewer improvements for the North Beverly extension and
also for a main for Central Manufacturing Company. Only one bid was received.
523
Item 6b, Cont'd.
i
and a proposed resolution was presented awarding this bid to Opex, Inc. , Olney,
Texas, in the amount of $19,851.00.
i
RESOLUTION NO. 1270
i
WHEREAS, heretofore the City of Wichita Falls advertised for competitive bids
for the relocation and construction of Sanitary Sewer Improvements for North
Beverly Highway and Central Manufacturing Company; and
WHEREAS, only one bid was received, the bid of Opex, Inc. of Olney, Texas , is
a low and good bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT :
i
The bid of Opex, Inc. in the amount of Nineteen Thousand Eight Hundred
Fifty One Dollars and No Cents ($19,851.00) is hereby accepted, and the City
Manager is authorized to execute, for the City of Wichita Falls, a contract with
said bidder for the relocation and construction of such sewer lines.
Moved by Alderman Boyd that Resolution No. 1270 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 7 - - - - - - - - -
�Y Permission was requested to advertise for bids on an estimated annual supply
� • of various chemicals for vector control, and for an estimated annual supply of
or base fertilizer for Parks and Recreation.
Moved by Alderman Taylor that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Lambert, and carried unanimously.
Item 8
J' Moved by Alderman Campsey that minutes of the meeting of the Planning Board
j- held January 12, 1972, be received.
Motion seconded by Alderman Boyd, and carried unanimously.
t
Item 9
Mayor Hill appointed Jim McDonald to the Civil Service Commission for a three-
year term.
Moved by Alderman Taylor that the appointment be approved.
Motion seconded by Alderman Boyd, and carried unanimously.
The Mayor also appointed Billy R. Delaney and Katricia Cochran to the Citizens
Advisory Commission on Drug Education and Abuse, filling unexpired terms. Billy R.
Delaney's term will expire May 19, 1973 , and Katricia Cochran's term will expire
May 19, 1972.
Moved by Alderman Boyd that these appointments be approved.
Motion seconded by Alderman Lambert, and carried unanimously.
Item l0a
A proposed resolution was presented approving renewal of golf professional
lease contract at Weeks Park Golf Course.
524
Item 10a, Cont'd.
RESOLUTION NO. 1271
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
That certain agreement dated February 1, 1972 between the City of Wichita
Falls and J. F. (Frank) Stagner, a copy of which is attached hereto, whereby the
City leases to Stagner for three (3) years the golf pro shop, grill and snack
bar and locker rooms in the Weeks Park golf clubhouse, is hereby approved, and
the Mayor is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Darner that Resolution No. 1271 be passed.
Motion seconded by Alderman Taylor.
Alderman Boyd inquired why we do not take bids on this position. The City
Manager stated that it was perhaps because it is a professional contract. Mr.
Rigby stated that he had never heard of bidding for a golf professional services.
He stated that in some places the golf course is leased. Alderman Boyd inquired
concerning the drinking of beer on the golf course. It was explained that it is
in the liquor zone, and that beer is sold for consumption on the course. Alderman
Darner stated that he had not observed anyone drinking on the course, nor did he
ever recall seeing an empty beer can on the course. Mr. Boyd mentioned that
someone had complained that the score card stated that no beer would be allowed
on the course, but that it was being done. It was suggested that either the card
be changed, or that it not be sold for consumption on the course. Someone
mentioned that perhaps this was on the card as a deterent against someone bring-
ing hard liquor to the course. Alderman Lambert stated that he had received
many letters complimenting Mr. Stagner on the operation of the golf course.
The Mayor also stated that the comments he had received had been in favor of Mr.
Stagner.
The motion for passage of Resolution No. 1271 was carried by the following
vote :
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
Item 10b
Texas Electric Company's rate request was again discussed. Mr. Fox ex-
plained that Mr. Stuart had been authorized to develop his comments and ideas
concerning the rate request, and submit them to the City Manager.
Mr. Robert Stuart appeared, stating that he felt it was impossible to
make an in-depth study in two weeks. It was his belief that the Council has a
statutory duty to obtain more information. A plant figure of about 50 million
dollars fair value investment has been presented to the Council of the Wichita
Falls operation. He feels that the value of some outside investigation has been
proved in this area alone, and that more investigation should be made. He again
asserted that he believes there are qualified people here who can look at this
figure, and not have to take it on face value. He stated that the public has
not been adv?_sed. There has been little or no publicity concerning this matter.
Channel 3 was the only news media which gave him any publicity. He again re-
quested the Council to appoint a committee. The citizens have no one to look to
except the Council. He stated that the City of Dallas has been approving invest-
ments for Dallas Power and Light since 1913. The City Manager intends to review
further information which Texas Electric has agreed to provide, with professional
utilities staffs of the cities of Dallas and Fort Worth. He also is willing to
work with citizens of Wichita Falls on an informal basis if they feel they might
have some expertise in the area of utility plant valuation, utility accounting,
or utility fair rates of return procedure. Mr. Stuart was not in agreement with
working on an informal basis. He feels an appointment would put it on a different
basis. He feels there are professional people who can better understand and
evaluate the figures furnished by Texas Electric. The City Manager stated that he
did not believe Texas Electric would present this Council, or anyone else, figures
which they cannot back up. He stated that a committee would have to seek assist-
ance from other people, and the staff can do the same thing. Alderman Lambert
remarked that they have received information relating to the Wichita Falls
operation. The rate of return for the Wichita Falls division is less than the
r 525
Item 10b, Cont'd.
whole system, and it will still be less even though the increase might be granted.
The Council has just received more information relating to Wichita Falls , which
will be evaluated. The Price Commission has recently frozen all privately owned
utility rates until March 10, 1972.
Moved by Alderman Lambert that consideration of this proposed ordinance be
deferred until the next council meeting on March 7.
Alderman Campsey was in favor of moving as speedily as possible in either
accepting or rejecting the rate increase. Alderman Drake inquired of Mr. Fox
if he desired additional time in looking at the figures for Wichita Falls, and
he stated that he did.
Motion seconded by Alderman Drake, and carried unanimously.
Item 11
Mayor Hill made the following statement. I appoint Guy H. McNeely to act
in the place and stead of the municipal judge during any period during which
such judge is temporarily unable to act for any reason.
Moved by Alderman Lambert that this appointment be confirmed.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 12
Ernest Lillard, Director of Public Works, presented a request from Mr. and
Mrs. M. H. Pearce to purchase the whole of their property at 1822 Keeler for Kell
✓ Freeway right-of-way. A proposed resolution was presented authorizing the whole
taking, if the Council desires to do so.
RESOLUTION NO. 1272
WHEREAS, it is necessary to acquire the property hereinafter described for
construction of the Kell Freeway, Project 52-071 under the 1967 Capital Improve-
ments Program, and,
WHEREAS, in Resolution No. 1011, passed and approved by the Board of Aldermen
of the City of Wichita Falls on December 16, 1969, the appraised value of $9,180.00
was approved for the partial taking of the west 50 feet of Lot 9, Block 68, South-
land Addition, and,
WHEREAS, the appraised value for the whole taking of the west 50 feet of Lot 9,
Block 68, of Southland Addition is $16,500.00, and,
WHEREAS, the owner of the west 50 feet of Lot 9, Block 68, Southland Addition
desires to sell the entire parcel at the appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The appraised value of the west 50 feet of Lot 9, Block 68, Southland Addition
in the amount of $16,500.00 is hereby approved and the City Manager is hereby
authorized to purchase, in the name of the City of Wichita Falls, by Warranty
Deed, the said West 50 feet of Lot 9, Block 68, Southland Addition. The City
Manager is authorized to transfer title to the Texas State Highway Department, by
Warranty Deed, that portion of the west 50 feet of Lot 9, Block 68, Southland
Addition required for right-of-way for the Kell Freeway Project. The City Manager
is further authorized to sell, through competitive bidding, the remainder of the
west 50 feet of Lot 9, Block 68, Southland Addition.
Moved by Alderman Lambert that Resolution No. 1272 be passed.
Motion seconded by Alderman, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake
Nays : None
526 1 ,p • ,-
Wayland Keith commented on residential and commercial electric rates. He
would like to see those rates adjusted to protect satall businesses and manufacturers.
The residential rates break faster than commercial rates , according to his under-
staiding.
Moved by Alderman Lambert that the meeting be adjourned.
Motion seconded by Alderman Campsey, and carried unanimously.
The Board of Aldermen adjourned at 1 :21 P.M.
PASSED AND APPROVED this 7&,1- day of , 1972.
.,VrAAk .4 AL
Mayor
ATTEST:
City Clerk
• tom..- \,5..,oCD
r� k
60 °n� O
Un
- — - ----- ___ 4_1
I
r
�
,
CnOli , D. ci'S � 01
— - i , '
ry W
Cn
X
• I r � �9_�.W � � o
i 1 Cn u i
i I ji I I E3� e Li
15., 50
w
CP
I �
------
AVENUE w _ K -
.... 3/4"I.F?.
150.d
a C CURVE
M
L) = 48°05'
F ' LOT I-A R = 637 28'
�pRN
ui
�'Ga. ��� �� �-3/4'I.R.�
cr s �V 12
rop ti �i, W
w
LOT 3-A �
44'"'1.
cn
—3/4"I.R.
4
5
f—
Q
60'
6
p� \ SCALE: i"= 40'
100 -_
THE STATE OF TEXAS )
COUNTY OF WICHITA )
THIS AGREEMENT made and entered into this the 1st day of
February, 1972, by and between the City of Wichita Falls , Texas here-
inafter called "City" , and J. F. (Frank) Stagner, hereinafter called
"Professional" .
W I T N E S S E T H
For and in consideration of the mutual covenants hereinafter
contained , the parties hereto do hereby agree as follows:
1 . City does hereby employ J. F. (Frank) Stagner as the golf
professional at the Weeks Park Golf Course, and does hereby lease to him
the golf pro shop, the grill and snack bar, and locker rooms located
in the Weeks Park Golf Clubhouse, for a period of three years , commencing
February 1 , 1972, and thereafter on a month to month basis.
2. The Professional shall be considered a regular City employee,
and his salary shall be in the Open Range, at a salary of $350.00 per month
for the term of this contract. All other employees for the operation within
the clubhouse, including sales and service personnel and janitorial help
will be paid by the professional and will not be employees of the City.
3. The Professional shall be in charge of and responsible for
the maintenance and operation of the Weeks Park Golf Course. He shall also
be in charge of and responsible for the operation of the golf pro shop, the
grill and snack bar, the locker rooms , and all walks , drives , and patios
around the golf course clubhouse. He shall perform all duties and
responsibilities as are required of him by the laws of the State of Texas
and the ordinances of the City, and the directions of the City Manager
and the Director of Parks and Recreation:
4. The Professional shall collect for the City all green
fees for play on the Weeks Park Golf Course. All green fees collected will
be kept in a cash register provided therefor, and no other money will be
kept in such register. He shall keep an accurate account of all green fees
collected, and shall deposit all green fees with the Finance Department
of the City at such intervals as are required by the Finance Department.
All signed tickets will accompany the cash receipts.
- 2 -
5. The Professional shall have the right to give or cause
to be given golf lessons at his own expense, and all revenue received
therefrom shall be the property of the Professional .
6. All revenue received by the Professional from sales of
merchandise in the pro shop shall be the property of the Professional ,
and the City shall not receive any percentage thereof.
7. The Professional will be in charge of the rental of caddy
(pull ) carts and golf carts. The Professional may either own the carts
or sublet the operation of carts , but he will be held responsible for
the records, receipts and supervision of the use of carts on the course.
Any sub-leasee must be approved by the City, and any sub-lease may be
terminated for cause at any time without liability. On the rental of
caddy (pull ) carts , City will receive twenty percent (20%) of each
rental or ten cents (10t) whichever is greater per eighteen (18) holes.
On golf cart rentals, City will receive sixteen and two-thirds percent
(16 2/3%) of each cart rental , or One Dollar ($1 .00) whichever is greater
for each eighteen (18) holes. Adequate daily records and register will
be kept on each cart rental .
8. Any private golf cart used on the course will conform to
Park Department requirements as to tire size and type, horsepower,
gear ratio, speed and muffler. The use of private carts on the course
will be charged at one-third the regular cart rate or Two Dollars ($2.00) ,
of which the City will receive One Dollar ($1 .00) and the Professional
One Dollar ($1 .00) .
9. The Professional shall pay to the City a sum equal to
ten percent (10%) of the gross sales in the grill and snack bar, which
includes all sales of food, drink, confection and other items within
the realm of grill operation, including vending machine items. A daily
cash register tape will be available to the City Finance Department each
month ,to determine the percentage due the City. Such payment for each
month shall be due on or before the tenth (loth) day of the following month.
The operation of the grill and snack bar may be sublet, but the Professional
will be held responsible for this operation, as to quality, volume, and
general public service. Any sub-lessee must be approved in writing by
the City, and any sub-lease may be terminated for cause at any time
without liability against either the Professional or the City.
- 3 -
10. The Professional shall keep accurate and correct books
on the operation of his business, and such books shall be open for
inspection by the City or any person designated by him. A bookkeeping
system will be provided by the Finance Department and shall be under
their control , which procedures will be instituted by and through the
Director of Parks and Recreation.
11 . The City will furnish janitorial supplies such as wax,
mops, brooms and cleanser, for use in the golf clubhouse.
12. Golf club storage service shall be optional with the
Professional . He may, at his own expense, conduct golf club storage
in the storeroom provided. The City will receive no revenue from this
operation.
13. No monthly nor annual lockers will be provided. However,
a coin operated type will be provided by the City for the convenience
of the golfing public; these lockers will be of the type to hold
clothes and valuables but not of sufficient size to hold a set of golf
clubs. The City shall receive all proceeds from this operation.
14. It is agreed that the Professional will take good care
of the personal property and real property hereby leased to him, and
he will deliver the property back to the City at the expiration or
other termination of this lease in the same condition as same was
received, natural wear and tear excepted.
15. The Professional will make no alterations in the
building hereby leased without the written consent of the City Manager
or the Director of Parks and Recreation.
16. It is understood and agreed that the City Manager may at
any time cancel this contract because of violations of laws , ordinances,
or rules, regulations or directions concerning the operation of the
golf course and clubhouse by the Professional , or for any other conduct
which would constitute cause for the discharge of the Professional as
a City employee; in the event of such cancellation, the City shall have
the right, without further notice or demand, to re-enter and take possession
of all the property herein leased and remove all persons therefrom without
being liable for any claim for damages by reason of such cancellation
and resumption of possession. In the event said contract is so cancelled
during the three year primary term thereof, the City shall guarantee the
sale of, or at its option may purchase from the Professional , any
usable equipment and merchandise that he might have and use in his
operation under this contract (except for golf equipment) which he shows
as being fully paid for at the cost price of same, less depreciation.
17. The Professional shall hold the City of Wichita Falls
harmless from any damages for injury to persons or property damage caused
by or arising out of the Professional 's operation of the golf course
clubhouse, and he agrees to carry public liability insurance upon
said premises , covering both himself and the City, in the amounts and
upon the conditions as the City Manager may require.
18. It is understood and agreed that this contract is a
personal contract, and that the same shall terminate upon the death
of the Professional , or his inability to perform the duties required
hereunder. In the event this occurs during the three year primary
term hereof, the City shall purchase or guarantee the sale of any
usable equipment or merchandise as set out in Paragraph 16, above.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed as of the day and year first written above.
THE CITY OF WICHITA FALLS
By
Mayor
ATTEST:
�.e
Ci t�erk
APPROVED AS TO FORM:
1 y tt ey
. F. Frank S gner
P ofessional