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Min 07/07/1981 69 Wichita Falls, Texas Memorial Auditorium Building July 7 , 1981 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Gene Shearman i Carol Russell Aldermen Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Director of Finance John W. Hampton Absent Curtis W. Smith Absent James B. Thomas Absent The invocation was given by Marvin Knox, Southside Baptist Church. Item 3 Moved by Alderman Russell that minutes of the meeting held June 23, 1981 , be approved. Motion seconded by Alderman Shearman, and carried unanimously. Items 4a-8f Items 5a and 6b were moved to the regular agenda. Moved by Alderman Boston that the remaining items on the consent agenda be approved. Motion seconded by Alderman Russell . RESOLUTION NO. 2803 RESOLUTION APPROVING TAX ADJUSTMENTS #497 THROUGH #506. WHEREAS, the Tax Department has accounts, totaling $919.54, that need to be adjusted off for the following reasons : unable to locate the owners of personal property, double assessments , calculation errors , property not owned on January 1 of a particular year, non-taxable servicemen's personal property, correction of value errors , property not taxable within the jurisdiction, 65 and over homestead exemptions, VA exemptions , and refunds; and, WHEREAS, the net receivable amounts to be adjusted off in 1980 are $610.90, in 1979 are $155.40, in 1978 are $112.84, and in 1977 are $40.40; and, WHEREAS, a copy of each adjustment with an explanation is on file in the Accounting and Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such tax adjustments #497 through #506, are hereby approved. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None 70 Item 4b RESOLUTION NO. 2804 ✓ RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN RIGHT-OF-WAY AGREEMENT WITH TEXAS PIPE LINE COMPANY. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain right-of-way agreement, a copy of which is attached hereto, dated May 4, 1981 , between The Texas Pipe Line Company and the City of Wichita Falls, concerning the right-of-way of Hammon Road at the new G. H. Foster Plant, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 4c RESOLUTION NO. 2805 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY IN BRIDWELL PARK. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain instrument, a copy of which is attached hereto, whereby the City of Wichita Falls grants to Texas Electric Service Company an easement for an under- ground electric distribution system in Bridwell Park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 5b The bid for an annual supply of ammonia for the water purification plants was awarded to Texoma Ag-Products, Inc. , in the amount of $350.00 per ton. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 5c RESOLUTION NO. 2806 RESOLUTION AWARDING CONTRACT TO OPEX, INC. FOR 1980 COMMUNITY DEVELOPMENT BLOCK GRANT UTILITY LINE REPLACEMENTS. WHEREAS, we solicited for bids on a base bid and one alternate for 1980 CDBG utility line replacements, and, WHEREAS, we received one bid from Opex, Inc. , and, WHEREAS, the base bid and alternate #1 of Opex, Inc in the amount of $372,730.00 is the lowest responsible bid and is within the funds available. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said base bid and alternate #1 of Opex, Inc.in the amount of $327,730.00 is hereby accepted and the City Manager is authorized to execute for the City of Wichita Falls a contract with Opex, Inc.for the construction of such utility lines. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None 71 Item 5d RESOLUTION NO. 2807 RESOLUTION AWARDING CONTRACT TO OPEX, INC. FOR 1980 WATER LINE REPLACEMENTS. WHEREAS, one bid was received for 1980 water line replacements in the city, and, WHEREAS, we asked for and received a base bid with three alternates since funds were limited, and, WHEREAS, the base bid and alternate #3 of Opex, Inc. in the amount of $114,502.00 is the lowest responsible bid and is within the budgeted funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said base bid and alternate #3 of Opex, Inc. in the amount of $114,502.00 is hereby accepted and the City Manager is authorized to execute for the City of Wichita Falls, a contract with Opex, Inc. for the construction of such facilities. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 5e RESOLUTION NO. 2808 RESOLUTION AWARDING CONTRACT FOR PROVIDING TWO NEW DIESEL POWERED TRANSIT COACHES TO TRANSPORTATION MANUFACTURING CORPORATION. WHEREAS, the City of Wichita Falls has advertised for bids to provide two new diesel powered transit coaches; and, WHEREAS, two bids were received and the bid by Transportation Manufacturing Corporation in the amount of $92,997.49 each, a total of $185,994.98, was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid by the Transportation Manufacturing Corporation is hereby accepted, and the City Manager is authorized to enter into a contract with the Transportation Manufacturing Corporation for purchase of two new diesel power transit coaches per specifications. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays : None Item 5f RESOLUTION NO. 2809 RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF HIGH PRESSURE SODIUM ` FIXTURES TO LLOYD THOMAS CO. WHEREAS, the City of Wichita Falls has advertised for bids for the removal of old fixtures and the installation of new high pressure sodium fixtures; and, WHEREAS, two bids were received, and the bid of Lloyd Thomas Co. in the amount of $5,301 .50 was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Lloyd Thomas Co. is hereby accepted, and the City Manager is authorized to enter into a contract with Lloyd Thomas Co. for the removal of the old fixtures and the installation of the new high pressure sodium fixtures. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None 72 Item 6a ✓ RESOLUTION NO. 2810 RESOLUTION APPROVING CHANGE ORDER AND ACCEPTING CONSTRUCTION OF CONCESSION-RESTROOM BUILDING IN BRIDWELL PARK. WHEREAS, the City of Wichita Falls , as owner, and C. D. Graham Construction Co. , Inc. , as contractor, entered into a contract dated March 23, 1981 , wherein said contractor agreed to construct a concession-restroom building in Bridwell Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications ; and, WHEREAS, a change order has been made in such contract, adding $510 for labor and materials to erect an 8 foot by 10 foot park bench, which change order increases the contract amount from $43,844 to $44,354. Of this amount, $39,459.60 has been paid, leaving a balance due of $4,894.40. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the concession-restroom building in Bridwell Park is hereby accepted by the City of Wichita Falls, such change order is hereby approved, and the City Manager is directed to pay to the said contractor the balance due of $4,894.40. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston. Nays: None Item 6c RESOLUTION NO. 2811 RESOLUTION APPROVING CHANGE ORDER NO. ONE (1 ) TO THE CONTRACT WITH ZACK BURKETT COMPANY FOR APRON ADDITIONS AND WIDENING ARMSTRONG DRIVE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Change Order No. 1 , a copy of which is attached hereto, to the contract with Zack Burkett Company, for apron additions and widening of Armstrong Drive, is hereby approved, and the City Manager is authorized to execute same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 7a Authority was granted to advertise for bids for construction of a restroom at Wood Memorial Park. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None u Item 7b Authority was granted to advertise for bids for a sanitary sewer line in the Scotland neighborhood area. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 8 Minutes of the meetings of the following boards and commissions were received. a. Design Review Commission--May 21 and 28, 1981 73 Item 8, cont'd. b. Board of Electrical Examiners--June 11 , 1981 c. Parks Board--May 28, 1981 d. Mayor's Commission on Status of Women--May 7, 1981 e. Planning Board--June 10, 1981 Ayes : Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 5a A proposed resolution was presented awarding the bid for the Heater- Scarification project. Mayor Hill stated that a man called him stating that he did not have an opportunity to bid on this project. Ernest Lillard, Director of Public Works , stated that the project was advertised, and he apparently did not pick up a set of plans. RESOLUTION NO. 2812 RESOLUTION AWARDING CONTRACT FOR THE 1981 HEATER-SCARIFICATION PROJECT TO DIRCON CONSTRUCTION COMPANY. WHEREAS, the City of Wichita Falls had advertised for bids for the con- struction of the 1981 Heater-Scarification Project; and, WHEREAS, two bids were received, and it is found that the bid of Dircon Construction Company in the amount of $206,225.00 is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Dircon Construction Company in the amount of $206,225.00 is hereby accepted, and the City Manager is authorized to execute a contract with Dircon Construction Company for the construction of such improvement. Moved by Alderman Shearman that Resolution No. 2812 be passed. Motion seconded by Alderman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays : None Item 6b Discussion was held on a proposed resolution approving a change order for development of the creative play area at Wood Memorial Park. Alderman Shearman asked why we are deleting the stone dome, and reducing the drainage system? Bill Hursh, Director of Parks and Recreation, stated that we are over the amount of available funds, and that we have a new material for the storm drains which is simpler to use and install . Alderman Shearman noted that Alderman Hampton had specifically requested that this park be fully completed. He also asked where this drainage would go? Bill Hursh stated that it will drain into McGrath Creek and on into Holliday Creek. A motion was made by Alderman Russell , and seconded by Alderman Boston, that the proposed resolution be approved for a change order to the contract with Scales Concrete Construction Company, Inc. , for construction of creative play area at Wood Memorial Park. The motion failed by the following vote. Ayes: Mayor Hill , Aldermen Russell and Boston Nays: Alderman Shearman 74 Item 9a A public hearing was opened on hazardous structures. Robert E. Armstrong, 5024 Lindale, appeared in regard to property he owns at 4407 McNiel . He stated that he purchased the property in August 1979, following the tornado. He stated that he had built back several other properties. He has mowed the grass, and his material is presently stored more than twelve inches above the ground. The house is open. The temporary roof blew off. The main reason he has not done anything is because of the high cost of money. He stated that he is a realtor. There is too much house to tear down, but not enough to warrant it to be repaired to be habitable. He feels that this fall he can make interim financinq to repair it. He asked for an extension of time. Mayor Hill noted that we have no control over the financing conditions, and he did not see how an extension of time would help. He further stated that it seems that enough time has passed to enable him to take care of this property. Joe Ryckoff, Code Enforcement Officer, requested that the house be secured. Sammie Pope, 109 Lakewood, appeared regarding her property at 4113 Faith Road. She stated that they plan to build the property back, and they started straightening it out this week-end. They have a No Trespassing sign on it. They intended to put a parking lot on it, but they were unable to do so because of restrictions. She is rebuilding the property--not just securing it. No one else desired to be heard. ORDINANCE NO. 3799 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No. 3799 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None J Item 1Oa Johnny Dixon was honored as Employee of the Month from the Fire Department. Mayor Hill presented him with a plaque and two tickets each to a theatre and dinner. Item 10b Randolph Duke, 4131 Beard, requested an amendment to the ambulance ordinance on the operation of an invalid coach service in Wichita Falls. He requested changes in charges, red lights, remove Sections C and D completely. Retain Section E ex- cept for the record keeping. Hours of operation should be left open to the dis- cretion of the operator. Mayor Hill stated that it is his understanding that an operator cannot make money on the emergency system alone. He must also have the transfer service. Mayor Hill asked Mr. Duke if he agreed with this? Mr. Duke stated that he rates charged would depend a lot on that. Mayor Hill asked Mr. Duke if he wanted the cream, and leave the skim milk? He stated that he wanted to get into the business. It was pointed out that Mr. Duke previously worked for a company who had that monopoly. Mr. Delbert Gandy stated that Mr. Duke spoke for both of them. 75 Item 10c David Liles appeared as Manager of Lone Star Gas Company in Wichita Falls. He requested an adjustment in the rates of 1 .2 million dollars revenue increase, or 11 .4 percent over the 1980 a adjusted eoperataonal that costs an ddetrmmental ent in rates becomes necessary when company experiences to their operation. They are owrequesting rates past based year iont1980eoperations.he rson for The high rate of inflation experienced9 increase. They have experienced increases in operations expenses, taxes, distri- bution system, and debt capital , as well aisardecrease in the sales to customers. An 813 percent return on their Mr. Liles stated that the average annual increase in the bills for residences will be from $275.00 to $309.00, or $2.80 per month on their bills. He requested that the Council grant them a temporary rate increase during the time they are studying this request. Alderman Shearman asked about other cities in Texas of comparable size that are served by Lone Star Gas Company. Waco and Abilene are two of them. Alder- man Shearman asked if rate increases are also requested in these cities? Mr. Liles stated that rate increases are going on in different towns at different times. Alderman Shearman also clarified that Lone Star Gas Company is a division of Enserch Corporation, who declared a stock split this year. He also asked if PPG pays less for their gas than a person on social security? Mr. Liles stated that the price per mcf is less for commercial than it is for residential use. The commercial customer is paying a greater return on what they have invested in them than residential customers. Alderman Shearman noted that the operational expenses increase is pretty high, and asked why Wichita Falls is being singled out in Texas? Mr. Liles mentioned a rate increase request in Arlington, and stated that they are filed where needed. Alderman Russell asked if we could join in with another city for this study, or should this be a unilateral approach? City Manager Stuart Bach stated that it should be unilateral . Mayor Hill commented that the City has no control over operational costs. This puts the City in an unfavorable position. He also noted that he has bills in his pocket for May and June of 1980 and 1981 . The bills for May were 80 per- cent higher in 1981 than 1980, with 1980 theJsa el amount of consumption. There was a 100 percent increase Mr. Liles mentioned the gas adjustment clause paid at the gate for gas fluctuations. Another factor which can influence these bills is a customer charge. On low consumption sales this will influence this bill greatly. There is a $3.50 minimum charge, plus the cost of the gas used. This charge has been instituted since May of 1980. City Manager Stuart Bach stated that he would have a recommendation for a rate consultant at the next meeting. He did not recommend implementing a tem- porary rate increase until he can discuss it with a consultant. Alderman Shearman asked how much a consultant costs? Mr. Bach stated from $7 ,000 to $12,000, depending on how deep they go. Alderman Shearman stated that it seems Lone Star Gas needs the consultant. Mr. Bach stated that the staff does not have the expertise to make this type of study. He will bring proposals from rate consultants at the next meeting. Item lla A proposed appropriation ordinance was presented funding improvements to Wood Memorial Park. ORDINANCE NO. 3800 ORDINANCE AMENDING GENERAL REVENUE SHARING APPROPRIATIONS. Moved by Alderman Russell that Ordinance No. 3800 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearmen, Russell , and Boston Nays: None 76 Item llb A proposed appropriation ordinance was presented to provide for contract mowing and/or cleaning of weed lots. ORDINANCE NO. 3801 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No. 3801 be passed. Motion seconded by Alderman Shearman. Mayor Hill noted that it seems that people are waiting for the City to mow these lots. The City Manager explained that both labor and administrative costs are included in the fee. We are contracting with private mowing contractors to do this work. Alderman Shearman suggested that perhaps we should check on these people who are doing the work. He mentioned seeing a half-done job in the 3900 block of Lake Park Drive. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item llc Proposed ordinances were presented appropriating funds for the purchase of ammoniators for the water purification plants. ORDINANCE NO. 3802 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Shearman that Ordinance No. 3802 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None ORDINANCE NO. 3803 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Boston that Ordinance No. 3803 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 12a A proposed ordinance was presented approving and adopting estimates for Weeks Street Assessment Paving Program. ORDINANCE NO. 3804 ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE WEEKS STREET ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY, AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. 77 Item 12a, cont'd. Moved by Alderman Russell that Ordinance No. 3804 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 12b Discussion was held on a proposed ordinance amending the motor vehicle junk yard ordinance. Frank Gibson appeared as attorney for several salvage dealers. The ordin- ance was passed in January, with an anandnt in Feruary. Since City Attorneys offices work out time they have been working with the City Manager some of these problems. The big cost involved is the fencing and screening. The licensing requirement is very difficult for the salvage dealers to live with. Willie Vaughan, a salvage dealer at 2609 Sheppard Access Road, spoke for the salvage dealers. He is one of the owners of Wichita Salvage. He stated that some of the things they have worked out with Mr. Hodge have been beneficial . He does not believe the Council meant to pass an ordinance covering the people which this covers. This would cover new car dealers, salvage pools , etc. This ordinance definitely increases spending by the salvage dealers. He mentioned several businesses which have been in the same location for from 10 to 33 years. He does not think it is right for anyone to come along and tell him how to run his busi- ness without putting anything in the pot. He stated that they can live with the application for a license. He requested a simpler version of the ordinance. Mayor Hill noted that Mr. Vaughan did not tell the Council any place where they plan to cooperate. Mr. Vaughan stated that he believes the salvage dealers will go along with fencing the front, but not the back. He asked why other businesses such as pumping units, air conditioning businesses, etc. are not in- cluded? He stated that he feels couldhlive can withsafely $100.00 that license feespeaking for the the group. He stated that y Alderman Shearman asked about the height of a chain link fence. Mr. Vaughan stated that it is supposed to be not less than six feet in height. He also asked the installed price per running foot of this chain link fence with slats. It was estimated at about $6.50 per running foot now. City Manager Stuart Bach mentioned the junk vehicles accumulated in the back yards. He stated that many of these places said they were operating a salvage business in these residential areas. He also stated that he had received several calls from people in residential areas who are glad we have the ordinance. He finds the suggested changes reasonable, and he feels they will find the Commission reasonable. Frank Gibson stated that the 30-day timing for fencing and screening is not enough time. A solid fence or natural terrain was also discussed. The expense of fencing on leased land might be impossible. If our goal is to attempt to beautify the right-of-ways , it should be required only on the right-of-ways, rather than adjoining properties. Mr. Gibson noted that the applicant will state on the application that if anything is violated, the City Manager can revoke his license. He stated that violations should be dealt with by the Courts. He es- timated $10.00 a running foot for fencing. Ninety percent of the parts to repair automobiles come from these salvage yards. If this is the problem, let' s just require the salvage operator to fence or screen the frontage of the property which he occupies , and scrap this ordinance. City Manager Stuart Bach stated that a lot of people in the predominately residential areas could put up a fence. Frank Gibson asked why we should make an applicant agree that the City Manager or Director of Public Works could take away his license if they do not comply? 78 Item 12b, cont'd. City Attorney H. P. Hodge, Jr. stated that if constitutional rights are involved, it is not final , and they have the right to go to court. The City has the right to have final action as long as it does not prevent them from judicial process. Mr. Gibson disagrees with this statement being in the application, but they do not object to screening the right-of-way. A motion was made by Alderman Shearman to accept this ordinance by deleting authorized use of chain link fence and slats, and add to it woven chain link fence to block the view on existing right-of-ways . The motion was later withdrawn. Mayor Hill stated that if we create a commission we should leave some re- sponsibility up to them. He does not believe they will require anyone to fence 37 acres, but we need to have some faith in them. Mr. Bach stated that the process is started when an application is made, m> and then they would come before the Commission. A woman in the audience presented the residents ' viewpoint of these salvage yards in the neighborhood. She stated that she has had cars four feet from the wall of her house. She asked if they could be required to drain the gas out of them? Mayor Hill stated that this would be left up to the Commission. Mayor Hill suggested that we have another ordinance concerning the view; expand the commission to five to include a salvage man; and, clean up the language on the permit application. The City Attorney thought they could come up with something that most every- one can live with. Not everyone will be satisfied. He also mentioned side fencing if there is a residence on the side. A man in the audience wanted to know what there is about a salvage .yard that is so bad to look at, rather than pipeline yards, livestock yards, etc. ? He stated that he sees nothing disgusting about a salvaged car. Mayor Hill noted that he probably wouldn' t if he's in that business. ORDINANCE NO. 3805 ORDINANCE AMENDING ORDINANCE NO. 3758 TO CHANGE THE TERM "MOTOR VEHICLE JUNK YARD" TO "MOTOR VEHICLE SALVAGE AND/OR JUNK YARD", TO PROVIDE WHEN AN ALTERNATE MEMBER OF THE COMMISSION SHALL ACT, TO CHANGE THE STIPULA- TION IN THE APPLICATION REGARDING TRAFFIC VIOLATIONS AND JUDICIAL REVIEW, TO PROVIDE CRITERIA FOR GRANTING OF LICENSE, TO REPEAL THE REQUIREMENT OF A BOND, AND TO FURTHER DEFINE A SOLID FENCE; DECLARING AN EMERGENCY. Moved by Alderman Russell that Ordinance No. 3805 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None An amendment to this ordinance is expected to be presented in August. The Board of Aldermen recessed at 10:50, and resumed the meeting at 11 :00. Item 12c Discussion was held on a proposed ordinance amending the franchise ordinance with Lone Star Gas Company. The amendment would make Lone Star Gas Company responsible for maintenance and installation of service lines and yard lines. The present franchise ordinance calls for the customer to be responsible for this. Mayor Hill wondered if this should perhaps be incorporated in the Lone Star Gas study? City Manager Stuart Bach stated that it could be done. Moved by Alderman Boston that this item be tabled until the Lone Star Gas consultant findings are in. 79 Item 12c, cont'd. Motion seconded by Alderman Russell , and failed by the following vote. Ayes: Mayor Hill , Aldermen Russell and Boston Nays: Alderman Shearman David Liles, Manager of Lone Star Gas Company, stated that this request has very minimum effect on the rate request. Federal regulations hold Lone Star Gas responsible for maintenance of lines, etc. If they are held respon- sible for gas up to the meter, they are only asking for permission to control these lines. These two items are not really connected. Lone Star is being in- spected on these matters. The Office of Pipeline Safety, in Washington, has rules they have to go by. City Manager Stuart Bach stated that he talked to the Railroad Commission, and it was stated that either Lone Star or a plumber could do the work. Lone Star's responsibility is to try to determine if there is any problem in the lines. Mr. Liles felt that perhaps he had not talked to the right person. Mr. Liles suggested that letters be written to both federal and state enforcement levels to find out just where their responsibilities are. Once this answer is received, he sees no reason to delay it with the rate decision. The City Manager will check it out and bring it back at the August meeting. John Spyra, 2948 Cunningham, stated that Lone Star Gas Company initiates the action anyway. They tell the plumber if it is leaking. Item 12d A proposed ordinance was presented amending the Code of Ordinances on the duties and responsibilities of the Human Relations Commission. ORDINANCE NO. 3806 ORDINANCE AMENDING SECTION 2-157 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, WHICH SETS OUT THE DUTIES AND RESPONSIBILI- TIES OF THE HUMAN RELATIONS COMMISSION. Moved by Alderman Russell that Ordinance No. 3806 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 12e Charles Smart, 4807 Danberry, requested a waiver of Ordinance No. 3457, as amended, and request the building inspection department to issue a building permit for property located at 2211 Brook Street. ORDINANCE NO. 3807 ORDINANCE GRANTING WAIVER OF ORDINANCE NO. 3457, AS AMENDED, TO ALLOW ISSUANCE OF BUILDING AND OTHER PERMITS FOR LOT 4, BLOCK 4, BROOK AVENUE ADDITION. Moved by Alderman Russell that Ordinance No. 3807 be passed. Motion seconded by Alderman Boston, and carried by the followinq vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 13a A proposed resolution was presented authorizing the City Manager to execute a non-annexation agreement with Continental Emsco Company, formerly Wilson Manufacturing Company. 80 Item 13a, contd. RESOLUTION NO. 2814 RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN CLAY COUNTY, TEXAS AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH CONTINENTAL EMSCO COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF FOUR YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . That certain tract of land situated in Clay County, Texas, said being more fully described in Exhibit A which is attached hereto and incor- land porated herein, being a part of the area located in the extraterritorial juris- diction of the City of Wichita Falls , is hereby designated as an industrial district in accordance with the provisions of Section 5 of the Municipal Annex- ation Act, Article 970a of the Revised Civil Statutes of Texas. SECTION 2. That certain contract, a copy of which is attached hereto, be- tween the City of Wichita Falls and Continental EMSCO Company, whereby City guarantees the continuation of the extraterritorial status of said tract of land in Exhibit A and its immunity from annexation by City for a period of four years from January 1 , 1980, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Shearman that Resolution No. 2814 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 13b Discussion was held on a proposed resolution authorizing the City Manager to enter into an extraterritorial agreement with Lakeside City. Kerry Roach, 1604 Singleton, stated that the necessity for an extraterritorial jurisdiction agreement exists because Annexataon ordinance such alsowhich gave thisatossmalll�eties its city limits. The Municipal within another city's extraterritorial jurisdiction. When they overlap, neither city may do anything except generally regulate subdivisions i thea area. Thestey may not annex. Lakeside City would only g everything South of Highway 79. What has been worked out is that Lakeside City will go in their natural growth area for their extraterritorial jurisdiction. They will receive 18 percent instead of ten. It is on natural boundary lines. No property has been split. Jimmy Horany, a resident of Lakeside City, stated that he represents ten property owners at Lakeside City. He stated that this question has been in liti- gation since 1973. The suit at that time asked the court to resolve this extra- territorial jurisdiction matter, and allocate at least one-tenth of the area to Lakeside City. The property owners on the lake who have fishing ramps, patios, etc. would be affected. He feels they should be allowed the one-tenth as author- ized by law. If this agreement is adopted, it would cause some problems. The reason this is coming up now is that there is a business establishment outside the city limits of Lakeside City that wants to have a beer permit. Mayor Hill stated that anytime two cities can get together on an agreement, it is much better than going to court. A motion was made by Alderman Russell , and seconded by Alderman Bostthat the resolution be passed approving an agreement with Lakeside Cityapportioning lapped area of extraterritorial jurisdiction. The motion failed by the following vote. Ayes: Mayor Hill , Aldermen Russell and Boston Nays: Alderman Shearman 81 Item 13c A proposed resolution was presented amending the budget with Community Action Corporation for administration of 42 additional units of the Section 8 Housing Program. RESOLUTION NO. 2815 A RESOLUTION AMENDING THE BUDGET WITH THE COMMUNITY ACTION CORPORA- TION OF WICHITA FALLS AND NORTH TEXAS AREA FOR ADMINISTRATION OF THE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING. WHEREAS, the Board of Aldermen approved Resolution No. 2700 awarding the contract for the administration of the Section 8 program to the Community Action Corporation on December 16, 1980; and, WHEREAS, the Board of Aldermen approved Resolution No. 2773 authorizing the City Manager to file an application for fifty (50) additional units of Section 8 housing with the Department of Housing and Urban Development; and, WHEREAS, the Department of Housing and Urban Development has approved forty-two (42) units of said application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Stuart A. Bach, City Manager, is authorized to execute an amendment to the current budget with the Community Action Corporation of Wichita Falls and North Texas Area to provide additional funds for the administration of the Section 8 Housing Assistance Payments Program for Existing Housing for the balance of the fiscal year; a copy of said budget is attached. Moved by Alderman Russell that Resolution No. 2815 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays : None Item 13d A proposed resolution was presented approving appraisals, and authorizing the purchase of property for a solid waste transfer station. RESOLUTION NO. 2816 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL, AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE SANITARY TRANSFER STATION. WHEREAS, it is necessary to acquire certain properties hereinafter de- scribed for the Sanitary Transfer Station; and, WHEREAS, such properties have been appraised by an independent appraiser employed by the City of Wichita Falls for this purpose, and the amount of the appraisal has been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 . It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas : SANITARY TRANSFER STATION Parcel No. 4 A tract of land out of the Annie E. Cummins Survey, Abstract 610 and Block 13, 82 Item 13d, cont'd. Denton County School Land, Abstract 53, Wichita County, Texas. Being also a portion of the Burlington-Call Field Industrial District, and is described as follows: Beginning 30 feet South of the intersection of South Boundary line of the Bur- lington-Call Field Industrial District and the West Boundary line of Lawrence Road; THENCE, South 850 48' 30" West, approximately 1 ,270.91 ' to a point; THENCE, North 000 54' 10" East, a distance of 895.29' along the West boundary line of the Burlington-Call Field Industrial District to the South boundary line of a 40' wide Fort Worth and Denver Railroad track spur easement; THENCE, South 660 5' 30" East, a distance of 787.71 ' , parallel and 20 feet from center line of said F.W. &D. RR spur easement to a point for a curve with a length of 204.19' and radius of 475.75' and an angle of 240, 35' 30" to a point in tangent with a line; THENCE, North 89019' 00" East, 338.21 ' to a point in the West boundary line of Lawrence Road right-of-way and being the Northeast corner of this tract; THENCE, South 534.93' along the West boundary line of Lawrence Road right-of- way line. To the place of beginning, being the Southeast corner of this tract and containing 20.7 acres more or less. Total value approved in this resolution--------------------$181 ,000. Section No. 2. The approved value of such properties is hereby approved, and the City Manager is hereby authorized to purchase by warranty deed such tracts of land in the name of the City of Wichita Falls, Texas. The authorized price to be paid for such tracts is the value as determined by the appraisal made by the independent appriaser referred to above. Section No. 3. In 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 instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls, Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such prop- erty for more than the appraised value in order to save the estimated cost of condemnation. Section No. 4. The fact that the sanitary landfill presently operated by the City is almost completely filled, and a new landfill is urgently required, creates an emergency on the ground of urgent public need for the preservation of the peace, health, and safety of property of the City, and this resolution is declared to be an emergency measure, effective immediately. Moved by Alderman Boston that Resolution No. 2816 be passed. Motion seconded by Alderman Russell . Alderman Shearman asked where the other proposed locations were, and where were the most populated residential areas? Ernest Lillard stated that near Seymour Highway and Beverly Circle were the other locations. The one on Seymour Highway was the least populated. Beverly Circle and Kell are about the same in population. Alderman Shearman also asked about policing it. Ernest Lillard stated that the policing problem would be the same no matter where it is located. City Attorney H. P. Hodge, Jr. stated that he received word yesterday that the Department of Health is issuing a permit for the transfer station on Kell . Ernest Lillard stated that the only litter problem will be from the trucks going to the site. Ninety-five percent of the vehicles the city uses are covered. Residential 83 Item 13d, cont'd. property owners and commercial property owners will also be hauling trash. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , and Boston Nays: None Item 14a Authority was requested to advertise for bids for the City's depository for the period from October 1 , 1981 to September 30, 1983. Fred Werner, Director of Finance, stated that the banks will be requested to submit a fixed rate, and a variable rate, as well as for specific services provided. Moved by Alderman Shearman that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Russell , and carried unanimously. Item 14b Authority was requested to advertise for bids for construction of a solid waste transfer station. Ernest Lillard showed a design of the proposed station. Moved by Alderman Boston that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Shearman, and carried unanimously. Item 14c Permission was requested to advertise for bids on relocation of sanitary landfill scales, with an alternate proposal for furnishing a new scale in lieu of relocation of the old one. Moved by Alderman Boston that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Russell , and carried unanimously. Item 15a Authority was requested to purchase ammoniators on an emergency basis for the water purification plants. The lowest quotation was received from Wallace and Tiernan, Dallas, in the amount of $26,584. Public Utilities Director Joe Smith desired to delete two ammonia gas detectors from this bid, in the amount of $3,520, for a total of $23,064. Moved by Alderman Shearman that authority be granted to purchase two emergency ammoniators from Wallace and Tiernan, as requested. Motion seconded by Alderman Boston, and carried unanimously. Item 15b Ray Wilkins, of the audit firm of Ernst and Whinney, stated that the annual financial report was completed some time ago. In the past, there were two problems which were apparent in the financial statements. One of the qualifica- tions dealt with general fixed assets. The other had to do with the fixed assets of the water and sewer fund. In an attempt to clean up these qualifications a study was made by consultants on the water and sewer fixed assets. This year 84 Item 15b, cont'd. they removed the qualifications of the water and sewer fixed assets. A plan is now underway to take care of the general fixed assets, and hopefully the 1981 report will not include this qualification. He stated that they would be happy to meet with the Council at a later date, if they so desire. Moved by Alderman Boston that the financial report be accepted for the year ended September 30, 1980. Motion seconded by Alderman Shearman, and carried unanimously. The Board of Aldermen went into executive session at 12:10 P.M. to discuss board and commission appointments and pending litigation. The meeting resumed at 1 :15 P.M. - Item 15d Moved by Alderman Russell that the following appointments be made to the Mental Health Mental Retardation Board of Trustees , for two-year terms to expire July 1983. a. Mrs. Luther Breckenridge b. Mrs. Barney Glickman c. Mrs. Rroyles Hall d. Dr. Neil Holliman e. Dr. Thomas Curran (replacing Dr. Glenn Beck) Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Russell that Ralph Perkins be appointed to the Planning Board for a three-year term to expire May 1984. (Jacque Allen is ineligible to serve because she has not been off the Planning Board for three years, as required in the ordinance creating the Planning Board.) Motion seconded by Alderman Boston, and carried unanimously. Moved by Alderman Russell that the following be appointed to the Charter Revision (Advisory) Committee. a. Leo Sabota b. Margaret Sims c. Caven Crosnoe d. David Squire e. Jim Thomas, Council Representative f. City Manager g. City Attorney's Staff Member Motion seconded by Alderman Shearman, and carried unanimously. John Hampton was named as Council liaison to the Wichita County Appraisal District Board of Directors. r Moved by Alderman Russell that Harold Bristol be appointed to the Traffic Commission for a term to expire December 31 , 1981 . (replacing Jim McCord) Motion seconded by Alderman Boston, and carried unanimously. Moved by Alderman Russell that J.S. Brimmage be appointed to the Housing Author- ity for a two-year term to expire in June 1983. Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Russell that the following be appointed to the Plumbing Advisory Board, with expiration terms as follows . a. Wilfred Welch--May 1983 b. Charles Brown--May 1983 c. Lewis Fugett--May 1983 (replacing Marvin Nunn) d. Bobby Parker--May 1982 (replacing M. R. Naylor) Motion seconded by Alderman Boston, and carried unanimously. / Moved by Alderman Russell that the following be appointed to the Board of Electrical Examiners, for two-year terms to expire May 1983. 85 Item 15d, cont'd. a. Robert Buckbee b. Tommy McCullough c. Bill Rowland (replacing Jim Marshall ) d. Ben Shelton (replacing W. L. Thompson) Motion seconded by Alderman Shearman, and carried unanimously. f Moved by Alderman Russell that the following be appointed to the Board of Adjustments and Appeals, for two-year terms to expire May 1983. a. Bob Mataska b. Dick Bundy (replacing Allen Sharp) c. Gary Childs (replacing William Phillips) Motion seconded by Alderman Boston, and carried unanimously. The Board of Aldermen adjourned at 1 :25 P.M. r PASSED AND APPROVED this day of z_. 1981 . Mayor ATTEST: City Clerk z/I THE TEXAS PIPE LINE COMPANY ✓�'-_.�z���F- P. o. I301 <,Oo WICHIT:A FALLS DIN ISION � AVICIIITA FALLS. TIXAS 7G307 f:D\VI\ Ii. GI IPP 1 DIN 1110N May 4, 1981 PPE - LA\D RIGHT OF WAY 30' Restricted Easement G. H. Foster Prop. Hammon Rd. Mr. Ernest Lillard Director of Public Works City of Wichita Falls Municipal Auditorium Wichita Falls, Texas 76301 Dear Mr. Lillard, In reference to the proposal by Biggs & Matthews Engineering dated April 21, 1981 for water, serservice, Hammonpavin Roadg wepa�eements agreeable along the G. H. Foster Co. property on to that proposal with the following conditions: 1. Water line crossings be laid perpendicular to The Texas Pipe Line's pipe line, and with a minimum of 18" clearance between lines at the crossing. 2.. Sewer line to be installed 2' inside east boundary and parallel to our 30' restricted easement. Any laterals from sewer line will be perpendicular to and at least 18" below our line at crossing. 3. When Hammon Road is widened encroaching on our easement, we will require the City to agree to terms and conditions, which would allow us access for maintenance, repairs and operation of our pipe lines. 4. The City of Wichita Falls will bear the cost of repairs to The Texas Pipe Line Company's facilities in the event any damage is caused to The Texas Pipe Line Company's facilities during construction maintenance and or removal of City facilities. dl']j�.j 771 /( �-)f J') �' TIT STATP, C'P "1 E\ \S RNMT ALL NIF.N BY THESE PRESENTS: CCl_ \I �:i WICHITA ....o................ r:,at THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION, ACTING 3Y AND THROUGH ITS DULY AUTHORIZED OFFICERS i��.r and in consideration „f :i -um of S1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac— .vi.r,iccd, ;,, ,.; to ;i•tc;,i t,,;! ' i'L AS LLECTRIC SEI' 10E COBIPA'NIY, hereinafter called Electric Company, does hereby grant, ar air, sell .cn:i cony, c u;,to >a„i Electric Company- an easement and right—of—way for the construction, reconstruction, maintenance, o;x•ration and removal , i •,:, %ndt•r,round electric distribution system over, across and under those certain lands described as: Being described as a tract of land out of the S. P. RR. Co. Survey, Abstract 281, Wichita County, Texas , and being more particularly described in that certain deed as recorded in Volume 404, Page 391, Deed Records of Wichita County, Texas , to which reference is made for all purposes . The centerline of the 10-foot wide easement herein granted is described as follows: BEGINNING at a point in the East line of said tract said point being 118 feet South of the most Northerly Northeast corner. Of the above said tract; THENCE West , 44 feet, to a turning point; THENCE South 36' West, 134 feet, to a turning point; THENCE South, 85 feet, to a point. together with the right of inc;ress and egress along and upon said easement strip and over and across Grantor's adjoining properties for the purpose of con�tru:tin,;, recoustructin�, maintaining, operating or removing said underground electric distribution system, and the right "f ill -s and "cress on the lauds immediately adjouting such easement. strip as may be necessary to accommodate needed nwcbiuer} in the con.tn:ctiun or reconstruction on such easement, to,�cther with the right to trim or cut down such trees, shrubs or ►,ashes on or in the unm�•di,cu; vicinity of such easement strip as may be necessary in the sole judgment of Electric Company to permit the proper con�tf{ructiou, reconstrur_[ion, maintenance or repair of same; and provided further that should there now or hereafter be con— er ate owner thereof � rnotco t toltcK ect�riccComtpany,difynecessary inttheent fconstruct construction, reconstruction,l tmainten nohe same te or iall removalo(saidltundergromd distria bution system. The wires and/or conduits to be erected on the above described property by Electric Company shall be placed underground, except that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determined by Electric Comp.rny. TO I1AVF: AND TO HOLD unto the said Electric Company, its successors and assigns, forever. MT\ESS OU11 HANDS this ................................... day of ...........................................1 19........... ATTEST: THE•,CITY..OF.. ......................... A MUNICIPAL CORPORATION ................................................................... i ma J. Thomas , 7U-1E-y-CT-e-rRB�: Stuart A. Bach, City Manager ..................................................................................... SY . �1 r� } Ll Lo -21 J r � ' '� C` 4-aG" }a Tr2 �, f � �i,"�._+W�'r. 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F�..T i.=jfv �x��� w���.A\� r �9,"�\.rf S' .sy It e)Y�t ;♦ N�� �Fzti•,� � "�:.- �a�.tr�,t%, 5�'�„��' *,�2} �,"tl��, v 'S� � �y+t'`" ;Yc.,,/ 31 {-+•r4:.�r CONTRACT CHANGE ORDER Change Order # 1 Date June 23, 1981 CONTRACT FOR: Phase VI Improvements, Apron Additions and Armstrong Drive Widening— ADAP Project No. 6-48-0227-08 OWNER: City of Wichita Falls TO: Zack Burkett Company You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE (Supplemental Plans & Specifications Attached) In Contract Price In Contract Price Cut trench for NWS cable 1,350 LF @ $2.46 $ 3,321 .00 Install 12 pair, 22 gauge, _copper-shield cable for NWS 1,400 LF @ $1 .00 1,400.00 TOTALS $ $ 4,721 .00 NET CHANGE IN CONTRACT PRICE $ $ 4,721.00 Justification: There is an existing NWS cable that will be under the proposed apron widening and the NWS and the FAA have requested that it be relocated. The amount of the Contract will be increased by the sum of: Four thousand seven hundred twenty one and no/100 Dollars($ 4,721.00 ) e Contract lotalincluding this and previous Change"9r'der9 wTll be: One hundred eighty six thousand two hundred eighty eight & 35/100 Dollars �, 8 _ __ The ContracT Period provided for completion will be unchanged Days . This document will become a supplement to the contract and all provisions will apply hereto. Requested: wpwne`rj"'rS'tuart` Bach -amity Ma'n'ager "` " y `"pa£ej_ Recommended:Accepted: _76'ntractor acicturTcet'£-�o:~ '�' "-` __ Date'F Zack Burkett III , Executive Vice President This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City" , and Continental Emsco Company, hereinafter called "CECO" , WITNESSETH: WHEREAS, CECO is the owner of a certain tract of land, hereinafter called "Subject Property" , located in Clay County, Texas, said land being more fully described in Exhibit A, which is attached hereto and incorporated herein, and which land is located within City's extraterritorial jurisdiction; and, WHEREAS , the Board, of Aldermen of the City has, by Resolution No. 2438, designated Subject Property as an industrial district, and by Resolution No. 2814 has authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the City. NOW, THEREFORE, for and in consideration of the mutual covenants herein- after contained to be performed by the parties hereto, City and CECO do hereby agree as follows: 1. City guarantees the continuation of the extraterritorial status of Subject Property, and its immunity from annexation by City for a period of four years from January 1, 1980. 2. City will furnish water service to CECO on Subject Property at rates equal to 200 per cent of the rates charged to users located within the city limits throughout the term-of this contract, unless the City's Board of Aldermen com- pletely eliminates the standard out-of-city additional charge established by ordinance, in which event CECO shall thereafter pay the same rates charged to users within the city limits. 3. City will furnish solid waste collection and removal service to CECO on Subject Property, if desired, at rates equal to 150 per cent of the rates charged to commercial and business establishments within the city limits throughout the term of this contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event CECO shall thereafter pay the same rates charged to users within the city limits. 4. The water service and solid waste collection service provided to CECO by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 5. City will not furnish fire protection nor police protection service to CECO on Subject Property. 6. This contract does not release nor waive any obligations to the City in connection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 7. It is agreed that in the event Subject Property is sold, either by deed or by sale of controlling interest in CECO , the obligations contained in this contract shall be assumed by the successor owner. 8. CECO has represented to City that it plans to expand its plant on the Subject Property. It is agreed that, if the contemplated expansion is not physically underway and being actively pursued by CECO by December 31, 1981, then CECO shall pay to City a payment in lieu of taxes in cash in an amount equal to the amount that its normal city taxes would have been for the year 1981 had they been in the city limits, further, City shall have the right to terminate this contract and to proceed to annex Subject Property. Such payment in lieu of taxes shall be paid by December 31 , 1981. 9. In the event such payment in lieu of taxes for the year 1981 shall become payable by CECO , then in computing the amount that its taxes would have been for the year 1981, the following rules shall be applied: a. The appraised value of the land, the buildings and other improve- ments and the machinery, equipment and other personal property shall be deter- mined in the same manner as other items of this type in the City are appraised. b. The appraised value of the inventory shall be determined in the same manner that the inventory of other firms in the City are appraised. c. The current assessment ratio established by the Board of Aldermen shall be applied to the appraised value in order to obtain the assessed value; the current tax rate as established by the Board of Aldermen shall be applied to the assessed value to obtain the amount that the taxes would have been had the property been located within the city limits. The payment in lieu of taxes shall be 100 per cent of the amount so computed. 10. In the event CECO should breach any of the provisions of this contract, and it fails to remedy such breach within 30 days after having been notified by City to do so, then City shall have the right to terminate this contract, and to proceed to annex Subject Property. 11. City shall initiate proceedings to annex Subject Property into the city limits early enough to be able to complete such proceedings by December 31, 1984, and Subject Property shall be included on the tax rolls of City on January 1, 1985. 12. This contract shall be effective as- of January 1, 1981. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the-mil-D-day of , 1981. CITY OF WICHITA FALLS, TEXAS BY : T-rttLA. Bach City Manager Attest: City Clerk CONTINENTAL EMSCO COMPANY BY : Attest: Secretary Assis an Secretary 2 _