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Min 10/19/1982 479 Wichita Falls, Texas memorial Auditorium Building October 19, 1982 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. Gary D. Cook Mayor Gene Shearman John W. Hampton Carol G. Russell Aldermen Craig A. Wilson Howard M. Morris Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer - - - - - - - - - - The invocation was given by Steve Porter, First Assembly of God Church. - - - - - - - - - - Item 3 Moved by Alderman Russell that minutes of the meeting held October 5, 1982, be approved. Motion seconded by Alderman Shearman, and carried unanimously. - - - - - - - - - - Items 4a - 8c Item 7b was moved to the regular agenda. Moved by Alderman Russell that the remaining items on the consent agenda be approved. Motion seconded by Alderman Boston. Item 4a A proposed appropriation ordinance was presented for the 1982 capital improvements program. ORDINANCE NO. 95-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER/SEWER BOND FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 4b A proposed appropriation ordinance was presented for the 1982 capital improvements program. ORDINANCE NO. 96-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL OBLIGATION FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - 480 Item 5a RESOLUTION NO. 178-82 RESOLUTION APPROVING ASSIGNMENT OF RICHARD MORRISON, d/b/a SKYROOM RESTAURANT LEASE AT WICHITA FALLS MUNICIPAL AIRPORT TO ALLISON M. WILSON. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain assignment, a copy of which is attached hereto, whereby Richard Morrison, d/b/a/Skyroom Restaurant assigns to Allison M. Wilson, that certain Restaurant lease agreement at Wichita Falls Municipal Airport, is hereby approved, and the City Manager is authorized to execute such assignment for the City of Wichita Falls. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 5b RESOLUTION NO. 179-82 RESOLUTION APPROVING PAYMENT AND ACCEPTING CONSTRUCTION OF HIGH PRESSURE SODIUM STREET LIGHTING. WHEREAS, the City of Wichita Falls and Lloyd Thomas Co. , as contractor, entered into a contract dated July 16, 1982, wherein said contractor agreed to remove certain existing fixtures and to install certain new fixtures; and, WHEREAS, said contractor has completed in accordance with the plans and specifications, the removal of sixty-three (63) old fixtures, and the installation of one hundred-three (103) new fixtures; and, WHEREAS, the final statement has been submitted for this project, and this final statement shows a total amount of work done as $16,181 .90. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The removal of old fixtures and installation of new High Pressure Sodium lighting fixtures is completed, and is accepted by the City of Wichita Falls, and the City Manager is authorized to pay to the contractor the amount due as shown on the final statement. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 5c RESOLUTION NO. 180-82 RESOLUTION ACCEPTING FROM TEXAS ELECTRIC SERVICE COMPANY BILL OF SALE FOR STREET LIGHT FACILITIES USED IN CONVERTING TO HIGH PRESSURE SODIUM VAPOR STREET LIGHTING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Bill of Sale whereby Texas Electric Service Company conveys to the City of Wichita Falls certain facilities used for the High Pressure Sodium street light system, is hereby accepted, and the City Manager is authorized to pay Texas Electric Service Company the sum of $4,820.00 for such Bill of Sale. Alderman Shearman asked why we are buying light posts? The City Manager explained that this is our normal procedure. We maintain them after the lights are installed. It is cheaper for us to maintain and operate them than Texas Electric. Alderman Shearman felt this expense should be incurred by Texas Electric, rather than the City. Jack Griffin, Acting Director of Traffic, stated that our monthly bill drops after conversion of these facilities. Alderman Shearman commented that we are saving on our light bill , but buying light posts for $4080. Jack Griffin stated 481 Item 5c, cont'd. that we recoup our cost on this in less than one year. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman Item 6a RESOLUTION NO. 181-82 RESOLUTION AWARDING CONTRACT TO ROME CORPORATION FOR CONTRACT NO. I , SECTION II WATER TREATMENT PLANT IMPROVEMENTS. WHEREAS, four bids were received for Contract No. I, Section II , Water Treatment Plant Improvements; and, WHEREAS, the bid of Rome Corporation of Dallas, Texas, 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 Rome Corporation in the amount of $740,000-00 is hereby accepted and the City Manager is authorized to execute a contract for the City of Wichita Falls for Contract No. I , Section II , Water Treatment Plant Improvements. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 6b The bid for police video training equipment was awarded to Victor Duncan, Inc. , Dallas, in the amount of $43,800. Alderman Shearman asked if they will provide the training? Police Chief Harrelson stated that they will . They also have service for warranty work. Ayes: Mayor Cook, Aldermen Shearman, Hampton Russell , Wilson, Morris, and Boston Nays: None Item 6c The bid for an annual supply of paper towels and tissue was awarded to Pollack Paper Company, Wichita Falls, in the amount of $10,026.90. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 7a Authority was granted to advertise for the Kemp Street overlay project. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 8a Minutes of the meeting of the Board of Adjustments and Appeals held on September 23, 1982, were received. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 8b Minutes of the meetings of the Arts Commission held on September 21 and October 5, 1982, were received. 482 Item 8b, cont'd. Ayes: Mayor Cook, Alderman Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None Item 8c Minutes of the meeting of the Park Board held on September 23, 1982, were received. Ayes: Mayor Cook, Alderman Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 7b Authority was requested to advertise for bids for installation of a water line to serve the landfill . Alderman Hampton asked if it is a custom for people to pay for water lines, and then it revert back to the Company? City Manager Stuart Bach stated that they had asked about this, and their practice is that once they install the line, then it becomes their property. Moved by Alderman Hampton that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Wilson, and carried unanimously. - - - - - - - - - - Item 9a A public hearing was opened on the 1982 capital improvements street construction program. Mrs. Ellard, 1032 Covington, stated that if curb and gutter is placed in there she does not see how it will help anything except get the water down there quicker. The bar ditch in front of her house has not been cleaned out in seven years. Ernest Lillard, Director of Public Works, stated that there is nothing to affect the design of it except to improve it. Mayor Cook asked who is normally responsible for cleaning the drainage ditches? Ernest Lillard stated that it is impossible to clean out the bar ditches. This is one of the old county road sites that was built to a ten-year standard. Drainage is almost impossible to maintain. Construction of this street was approved by a bond program. Mrs. Ellard asked how much of this water is going under the Iowa Park Road with a 16 x 60 inch culvert? She stated that the water does not run to Plum Creek because the ditch is full . Ernest Lillard stated that the Iowa Park Road is the responsibility of the State, and if there is a problem then they will be talking to them. They have no indication that there is a problem. side.Mrs. Ellard stated that there is no need to have a Holliday Creek on the North Frank Johnson, 1506 City View, stated that he feels that twice as much water will be put into this area as is already there. He stated that on May 12 water was so high that he could not drive across the irrigation ditch. He stated that curb and gutter and sidewalks will only increase the speed of water down the hill . Ernest Lillard stated that included in City View Lane is a provision for thousands of dollars in drainage improvements. Mr. Johnson stated that he does not see how putting all of this water in the same area will improve the situation. Mayor Cook asked if flooding is localized because of the bar ditches, then will it not be affected by the drainage improvements? Mr. Johnson stated that if there are no plans to improve the Iowa Park Road, then he does not see how this will help. He is opposed to sidewalks on the West side of City View Lane, and parts of the East side. 483 Item 9a, cont'd. Alderman Shearman asked how much it will cost for sidewalks on his property? Mr. Johnson stated that his assessment is $6500. The City Manager noted that his sidewalk assessment is $3500. Mr. Johnson stated that he has not received notice of assessment from anyone. He stated that he has an easement with stakes on it. Alderman Shearman asked if he had been paid for this easement? Mr. Johnson stated that he had not. The City Manager stated that this property already has a public easement on it. Mr. Johnson agreed that it probably does have a public easement. Ernest Lillard stated that we had adequate right-of-way out there, and we did not need any additional right-of-way. We have 60 feet of right-of-way. Mr. Johnson stated that there is only one or two people here today from City View. There were several at the last meeting. He stated that he brought a letter down here yesterday signed by the property owners. Mayor Cook held up his letter. Mr. Johnson stated that they have not been given a good reason why they need sidewalks. Mayor Cook stated that they listened to them at the last meeting, and their concerns of sidewalks. There are pasture lands, and also some areas which have justification for sidewalks. They are trying to determine what would be a satisfactory arrangement for the property owners so there would be safety for the children going to City View School Mr. Johnson stated that Mr. Mahan needs a sidewalk by the school , but the children are taken off the bus right into the school . Ernest Lillard stated that Crescent Street is not scheduled for sidewalks. Mr. Johnson stated there is a band hall and fieldhouse on Crescent and kids run down the middle of that street. Mr. Lillard stated that Nunn Street is not on the paving program, and this is the street which runs into City View Lane. The part Mr. Johnson is talking about is not Crescent Street. Mr. Lillard explained that Nunn Street is not included because it is not a collector or an arterial street. Mayor Cook noted that we have seven options from which to choose in this program. It seems that we could require sidewalks as long as 50 percent development is completed. This is proposed as an eighth option. He stated that sidewalks could possibly be omitted from the irrigation canal to the Northwest Freeway until it is 50 percent developed. We could require sidewalks on the Ease side to the irrigation canal , and on the West side to the paving equipment area. Alderman Wilson noted that the cost of sidewalks will have escalated if it is put off. If it is assessed now, and they choose not to pay it, the cost to the property owner will probably be the same. Alderman Shearman stated that he would hate to impose the sidewalk burden on the people today because of present conditions. If the City of Wichita Falls wants it, they should pay for it. Mayor Cook stated that he could appreciate his position, but he could also see the dangerous precedent we would be setting. We might end up paying for all of them. A motion was made by Alderman Shearman to adopt the ordinance with Option Number 7, requiring no sidewalks. The motion did not receive a second. ORDINANCE NO. 97-82 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1982 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTION PROJECT 82-1 , IN THE CITY OF WICHITA FALLS, TEXAS FIXING CHARGES AND LEINS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDIT REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. 484 Item 9a, cont'd. Moved by Alderman Wilson that Ordinance No. 97-82 be passed, requiring sidewalks on the West side of City View from the Iowa Park Road through Number 1034, and on the East side from the Iowa Park Road to Wrangler Drive. Motion seconded by Alderman Hampton. Some discussion developed concerning a fence around a school playground. Mr. Lillard noted that it would have to be moved to put in the paving. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, and Boston Nays: Aldermen Shearman and Morris - - - - - - - - - - Item 10a A proposed ordinance was presented appropriating funds for the purchase of equipment for the Health Department. ORDINANCE NO. 98-82 AN ORDINANCE MAKING AN APP'ROPRIATION FROM THE GENERAL FUND EQUITY TO THE ACCOUNT NUMBER LISTED BELOW. Moved by Alderman Russell that Ordinance No. 98-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: None (Alderman Shearman was out of the room. ) - - - - - - - - - - Item 10b A proposed ordinance was presented increasing the fee for a taxicab chauffeur' s license. ORDINANCE NO. 99-82 ORDINANCE AMENDING SECTION 31-40 OF THE CODE OF ORDINANCES TO INCREASE THE FEE FOR TAXICAB CHAUFFEUR LICENSE. Moved by Alderman Boston that Ordinance No. 99-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 10c Discussion was held on a proposed airport zoning ordinance. ORDINANCE NO. 100-82 AN ORDINANCE ESTABLISHING HEIGHT LIMITATIONS, AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE SHEPPARD AIR FORCE BASE/ WICHITA FALLS MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIRPORT ZONING MAPS WHICH ARE INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; AND ESTABLISHING A BOARD OF ADJUSTMENT. Moved by Alderman Hampton that Ordinance No. 100-82 be passed, as written. Motion seconded by Alderman Morris. 485 Item 10c, cont'd. Alderman Wilson questioned the variance procedure described on page 10 of the ordinance. He was particularly concerned about oil well operations. He asked if there is a provision for temporary structures except going to the FAA? He stated that he has no problem with that kind of requirement for a permanent structure. It might take a year to get cleared for a temporary structure. Roger McKinney, Director of Planning, explained the FAA regulations on variances. He stated that they have to go to the FAA right now if they want to go to a particular height structure. He also asked what is temporary--six months? Alderman Wilson stated that we can define temporary as 30-45 days , or whatever, but he feels their evidence may have to be very strong to get that variance. He would think that the people we appoint to this board would be competent to make this determination. It seems that we are adding a bureaucracy that is not needed. Roger McKinney stated that in the past there has not been an unusual delay on these structures. They have been going to the FAA anyway. Alderman Wilson stated that the difference is that we are assuming the enforcement. Mr. McKinney stated that an aeronautical study is made before a license is issued by the FAA. Alderman Hampton stated that he shares this concern, but he does not think we have the problem. If it becomes a problem, they would not put up an antenna overnight. They need to go to someone who has the authority to break that airspace, but he does not think we will have that problem. We do not have that kind of height. He also asked about 75 feet in height. What is required right now if they wanted to move a machine in there? Mr. McKinney stated that they would have to get an aeronautical study. Alderman Shearman asked about Section 14 on compensation. When compensation is due a landowner do we have the money budgeted so that we could pay the people? City Manager Stuart Bach stated that we do not. It would have to be appropriated by the Council . The City's budget this year is almost $40 million. Alderman Shearman made a statement concerning the safety of Sheppard Air Force Base. The federal government has bought the land which they need. This ordinance could prove to be a costly financial disaster for the City of Wichita Falls. If the citizens of Wichita Falls don't want zoning, why should we inflict it on our county neighbors? They do not want it either. He stated that he will vote against it because it will be a financial burden on every Wichita Falls taxpayer. Roger Crampton, Attorney, appeared in regard to Section 12. He stated that there is one legal matter in which they should inquire closely. He does not see any standards set for the payment of compensation. It does not tell which landowners will be compensated, and which will not be compensated. It provides for a Board of Adjustments, and then a review back to the Council . He asked if you are going to compensate people because of noise, flying over the land, and scaring cows? What is the basis on which you will compensate people? This ordinance sets forth no standards that you can look at and apply. This raises a question about the legality of the procedure, which will not stand up in the appelate courts. Mr. Crampton stated that the major objection is that you are putting a cap of 544 feet over the downtown business district. No reasonable promoter is going to submit to the mercies of the Director of Planning over the downtown district. Mr. Crampton mentioned a building with this height in Amarillo. Mayor Cook asked Mr. Crampton what building in Amarillo he was referring to? Mr. Crampton stated a bank building. Mayor Cook informed Mr. Crampton that the bank building in Amarillo is 26 stories high, and we are talking about heights of more than 50 stories in the downtown area. Mayor Cook stated that he is not aware of any buildings even in Dallas which are more than 50 stories high. Mr. Crampton stated that the other objection he has to this ordinance is that you have not joined the County in this because the land is going to be out in the county. The State Statute provides that the County can also be a part of it. This will be an ordinance that will cause constant litigation. This type of ordinance is not needed to accomplish the purposes of safety. City Attorney H. P. Hodge referred to Mr. Crampton's comments concerning planes flying overhead and scaring cattle. The answer is "No". If the City Council passes this ordinance it will not change the way the planes now fly. They will continue just the way they have been. The only affect the ordinance will have is that somebody might take the position that before the ordinance they could build something 486 Item 10c, cont'd. that they can't build now. The ordinance will not cause planes to fly lower, more noise, or scare the cattle. It will not change the operation of Sheppard. Alderman Shearman asked how much does he think this will cost us? Mr. Hodge stated that he thought the Emmert's were paid about $23,000, or $86.00 per acre, several years ago. Mr. Hodge stated that the ones have already been paid where the burden is heaviest because of the operation. Joe Shaddock, Attorney, appeared for his clients, Al Gwinn and Mr. and Mrs. D. B. Clark. He stated that he sees no reason for the City to take responsibility for this operation. The City already controls what buildings are put out there. When there is no necessity for this it does not seem reasonable to go in there where there is nothing but pasture. Sheppard went in there with engineers, plans, and studies to consider this, and they purchased air easements necessary in their informed opinion to operate this base. There is no necessity in reason, or no technical necessity, and he feels they are going into a very expensive endeavor. He suggested that the Council might want to table this motion and consider an amendment which might include Kickapoo Airport in the ordinance. Sheppard Air Force Base has already paid for these easements. Preston Giles stated that they have someone at this time preparing to call a referendum on this matter. He stated that this second crape myrtle will cost the City a lot more money. vote.The motion for passage of Ordinance No. 100-82 was carried by the following Ayes: Mayor Cook, Aldermen Hampton, Russell , Morris, and Boston Nays: Aldermen Shearman and Wilson - - - - - - - - - - Item lla RESOLUTION NO. 182-82 RESOLUTION APPROVING OPERATIONAL POLICIES FOR HAMILTON PARK AND WEEKS PARK TENNIS CENTERS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, Those certain operational policies for Hamilton Park and Weeks Park Tennis Centers, contained in the document dated November 1 , 1982, a copy of which is attached hereto, are hereby approved, and such policies shall be complied with in the operation of such tennis centers. Moved by Alderman Boston that Resolution No. 182-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Alderman Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman - - - - - - - - - - Item llb RESOLUTION NO. 183-82 RESOLUTION ESTABLISHING COURT FEES FOR HAMILTON PARK TENNIS CENTER AND WEEKS PARK TENNIS CENTER, AND REPEALING RESOLUTION NO. 2855. THAT: BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, SECTION I. The following schedule for court fees is hereby established for Hamilton Park Tennis Center and Weeks Park Tennis Center, effective November 1 , 1982: 487 Item llb, cont'd. Court Fees, Weekday $ 1 .75 per person for I-1, hours . Court Fees, Saturday, Sunday and Holidays $ 2.00 per person for I-, hours. Evening Fees (Beginning at 8:00 P.M. April through September, and 6:30 P.M. October through March) $ 2.00 per person for I-1, hours. Annual Permit, Adult $ 75.00 Annual Permit, Family (Husband, Wife, and Children under 19) $120.00 Annual Permit, Junior (18 and under) $ 45.00 Annual Permit, College (Full-time student with current identification card) $ 45.00 League Fees $ 1 .00 per person league fee plus a court fee for each day of league play. Tournament Fees $ 2.00 per person per tournament (The only tournaments exempted from this fee are the M.S.U. Fall Tournament, the Southwest Junior Tournament, and all Wichita Falls Independent School District Tournaments approved as per Tennis Policies. ) SECTION 2. Resolution No. 2855 is hereby repealed. Moved by Alderman Wilson that Resolution No. 183-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman . . . . . . . . . . Item llc RESOLUTION NO. 184-82 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN ANNUAL CONTRACTS WITH TENNIS PROFESSIONALS AT HAMILTON AND WEEKS PARK TENNIS CENTERS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those two certain contracts, copies of which are attached hereto, between the City and Johnny Simmons, for employment as tennis professional at Hamilton Park Tennis Center, and between the City and Jon Brotherton, as tennis professional at Weeks Park Tennis Center, each for a period of one year, commencing November 1 , 1982, are hereby approved, and the City Manager is authorized to execute such contracts for the City of Wichita Falls. Moved by Alderman Morris that Resolution No. 184-82 be passed. Motion seconded by Alderman Wilson. 488 Item 11c, cont'd. Alderman Shearman noted that this is a nine and one-half (9-10 percent increase in salaries. Don't they also receive some profit from merchandise? City Manager Stuart Bach stated that they do. The net revenue after expenses was $21 ,000 for Hamilton, and $19,000 for Weeks. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston Nays: Alderman Shearman - - - - - - - - - - Item lld RESOLUTION NO. 185-82 RESOLUTION AMENDING GOLF RULES FOR WEEKS PARK GOLF COURSE. WHEREAS, by Resolution No. 2750, the Board of Aldermen adopted certain golf rules to be observed on the Weeks Park Golf Course; and, WHEREAS, the Park Board has studied these policies and recommended they be revised as shown on the attachment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . Those certain golf rules, as revised, a copy of which is attached hereto, are hereby approved, and shall be observed on the Weeks Park Golf Course. .SECTION 2. Resolution No. 2750 is hereby repealed. Moved by Alderman Morris that Resolution No. 185-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item Ile Proposed resolutions were presented awarding bids for oil and gas leases on four tracts of land at Lake Kickapoo. RESOLUTION NO. 186-82 RESOLUTION APPROVING BID OF LESLIE B. FINNELL, JR. AND APPROVING OIL AND GAS LEASE ON 73.3 ACRES, MORE OR LESS, AT LAKE KICKAPOO, ARCHER COUNTY, TEXAS. WHEREAS, the Board of Aldermen of the City of Wichita Falls has determined that it is advisable to lease for oil and gas the land hereinafter described, and published notice of its intention to lease such land in accordance with Sections 71 .004 and 71 .005 of the Texas Natural Resources Code; and, WHEREAS, at the meeting on September 21 , 1982, the date specified in such notice, the Board of Aldermen has received, opened and considered, at a public hearing, the bid received, in accordance with Section 71 .006 of such code; and, WHEREAS, the Board of Aldermen believes that the bid of Leslie B. Finnell , Jr. , of $5.50 per acre represents the fair value of the lease on such property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Leslie B. Finnell , Jr. for $5.50 per acre is hereby accepted, that certain oil and gas lease, a copy of which is attached hereto, between the City and such bidder is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 489 Item lle, cont'd. Moved by Alderman Shearman that Resolution No. 186-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None RESOLUTION NO. 187-82 RESOLUTION APPROVING BID OF L & H OIL COMPANY AND APPROVING OIL AND GAS LEASE ON 50.7 ACRES, MORE OR LESS, AT LAKE KICKAPOO, ARCHER COUNTY, TEXAS. WHEREAS, the Board of Aldermen of the City of Wichita Falls has determined that it is advisable to lease for oil and gas the land hereinafter described, and published notice of its intention to lease such land in accordance with Sections 71 .004 and 71 .005 of the Texas Natural Resources Code; and, WHEREAS, at the meeting on September 21 , 1982, the date specified in such notice, the Board of Aldermen has received, opened and considered, at a public hearing, the bids received, in accordance with Section 71 .006 of such code; and, WHEREAS, the Board of Aldermen believes that the bid of L & H Oil Company of $40.00 per acre represents the fair value of the lease on such property, and it is the best bid on such property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of L & H Oil Company for $40.00 per acre is hereby accepted, that certain oil and gas lease, a copy of which is attached hereto, between the City and such bidder 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. 187-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None RESOLUTION NO. 183-82 RESOLUTION APPROVING BID OF BURNS LEASING CORP AND APPROVING OIL AND GAS LEASE ON TWO TRACTS OF LAND, CONTAINING 51 .1 ACRES, MORE OR LESS, AND 189.7 ACRES, MORE OR LESS, AT LAKE KICKAPOO, ARCHER COUNTY, TEXAS. WHEREAS, the Board of Aldermen of the City of Wichita Falls has determined that it is advisable to lease for oil and gas the land hereinafter described, and published notice of its intention to lease such land in accordance with Sections 71 .004 and 71 .005 of the Texas Natural Resources Code; and, WHEREAS, at the meeting on September 21 , 1982, the date specified in such notice, the Board of Aldermen has received, opened and considered, at a public hearing, the bids received, in accordance with Section 71 .006 of such code; and, WHEREAS, the Board of Aldermen believes that the bid of Burns Leasing Corp. of $35.00 per net mineral acre represents the fair value of the lease on such property, and is the best bid on such property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bids of Burns Leasing Corp. for $35.00 per net mineral acre is hereby accepted, that certain oil and gas lease, a copy of which is attached hereto, between the City and such bidder is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 490 Item lle, cont'd. Moved by Alderman Morris that Resolution No. 188-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item Ilf A proposed resolution was presented authorizing a contract with Community Action Corporation for neighborhood action group operations. RESOLUTION NO. 189-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION CONCERNING NEIGHBORHOOD ACTION GROUPS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Community Action Corporation of Wichita Falls and North Texas Area, concerning the City's funding support of neighborhood action groups, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 189-82 be passed. Motion seconded by Alderman Boston. Mayor Cook asked if this has been followed in the attached exhibits? The City Manager stated that it has been. Mayor Cook noted that we do not have any information on how many people are participating. Mr. Bach stated that we receive this information in quarterly reports from CAC. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 12 It was recommended that the bid for gas chromatographic equipment for the Health Department be awarded to Tracor Instruments, Inc. , Austin, in the amount of $12,915. Moved by Alderman Shearman that the bid be awarded, as recommended. Motion seconded by Alderman Russell . Mayor Cook asked if we have calculated the costs for going to their plant for training? Dr. Benson stated that they will have to go to their location for training, but that it will not cost us anything. The motion was carried unanimously. - - - - - - - - - - Item 12b Discussion was held on reconsideration of the bid awarded for a rubber-tired front end loader for the Transfer Station. City Manager Stuart Bach stated that in one area the awarded bid did not meet specifications, but it was not significant. He suggested that they might want to consider awarding the bid for the other Case equipment. It is on the lot at Case, 491 Item 12b, cont' d. and that is why it is cheaper. Mayor Cook asked if we can legally reconsider awarding the bid because none of them actually met the specifications? City Attorney H. P. Hodge stated that the City Council does not have to apply the specifications absolutely to the letter. They have wide discretion in awarding bids. In order to meet competition, everyone has to be bidding on the same thing. In this case where one piece of equipment does not meet specifications in cubic inch displacement of the engine, it does meet the horsepower specifications. Mr. Lillard stated to Mr. Hodge that this is an immaterial specification where a variance could be granted. Alderman Wilson stated that we do not want to use double standards. This is one area where we have rejected bids on cubic inch displacement. He requested that the City Manager institute procedures to prevent this from happening again. Moved by Alderman Hampton that we follow the recommendations of the staff, and purchase the Case W14H rubber-tired front end loader in the amount of $41 ,928.38, as recommended. Motion seconded by Alderman Russell , and carried unanimously. (Alderman Shearman was out of the room. ) . . . . . . . . . . Item 13a Funding allocations proposed by the Arts Commission were considered. Alderman Hampton noted that they have gone through quite a process in arriving at these figures. The majority are once-occuring items. They have gone through the process thoroughly. Moved by Alderman Hampton that the following items be approved, as submitted. a. Wichita Falls Art Association $ 4,064.00 b. Backdoor Theatre 4,068.00 c. Midtown Fine Arts League 1 ,280.00 d. Red River Lyric Theatre 7,065.00 e. Wichita Falls Ballet Theatre 7,180.72 f. Distinguished Artist Series 2,000.00 g. Wichita Falls Civic Chorus 2,500.00 h. MSU Drama Department 1 ,466.00 i . YWCA 2,026.00 j. Wichita County Heritage Society 2,158.45 k. Wichita Falls Symphony 7,500.00 1 . Projects to be Determined Later 8,691 .93 Total $50,000.00 Motion seconded by Alderman Wilson, and carried unanimously. - - - - - - - - - - Mayor Cook commended the Arts Commission, along with the Human Relations Commission and the Police Department for their conference this week. It was well attended. - - - - - - - - - - The Board of Aldermen recessed at 10:20 A.M. for an executive session pursuant to Article 6252-17, paragraph (g) , of the Revised Texas Civil Statutes. The meeting resumed at 11 :05. Appointments to board and commissions were made as follows : Moved by Alderman Hampton that Sandy Goff be appointed to the Park Board (replacing Lou Klimchock) for a term to expire December 31 , 1983. Motion seconded by Alderman Boston, and carried unanimously. Moved by Alderman Hampton that Ray Hickman, Jerry Fischer, and Louis Esquibel be appointed to the Human Relations Commission for terms to expire December 31 , 1982. (replacing Major Sidney Cook, David Chavez, and Rosendo Rodriguez) 492 Item 13c, cont'd. Motion seconded by Alderman Boston, and carried unanimously. Moved by Alderman Hampton that Dr. Lee Cary be appointed Chairman of the Human Relations Commission. (replacing Art Beyer) Motion seconded by Alderman Shearman, and carried unanimously. Moved by Alderman Hampton that Carol Campbell , Bettye J. Sanders, and Donita Shaddock be reappointed to the Mayor's Commission on the Status of Women for terms to expire September 30, 1984. Motion seconded by Alderman Morris, and carried unanimously. Moved by Alderman Hampton that Helen Burdick and Gail Badgett be appointed to the Mayor's Commission on the Status of Women for terms to expire September 30, 1984, and that Janet Anderson and Margaret Wynkoop be appointed for terms to expire September 30, 1983. (replacing Carol Nutt, Joyce Square, Arthur B. Williams, and Joi Anne Garrett) Motion seconded by Alderman Shearman, and carried unanimously. - - - - - - - - - - Alderman Shearman asked about the engineer for the Holliday Creek project. The City Manager stated that it would probably be on the next agenda. He also asked when the Flood Task Force would meet again? Alderman Wilson stated that he has not set a date, but that it would be soon. - - - - - - - - - - Alderman Hampton asked when we would receive bids on the pumps? The City Manager stated that it was advertised for 45 days. He was not sure of the bid opening date. - - - - - - - - - - Mayor Cook noted that Lake Wichita has been lowered four to five feet, asking if this is an acceptable level ? The City Manager stated that they will cut it off at 976 feet. - - - - - - - - - - Jim Webre, of the Times, asked when the Council will take action on Mr. Duke's request to operate an ambulance service? Mr. Bach stated that a legal opinion is being prepared. - - - - - - - - - - The Board of Aldermen adjourned at 11 :15 A.M. PASSED AND APPROVED this day of 1982. D. Mayor ATTEST: Wilma J. Thomas, City Clerk BY THESE pRESENTS THAT' ..TE OF TEXAS IC40w ALL MEN 7NTY OF ARCHER is the owner Ills, Texas ("Lessor .t "A" f Wichita FZ State described in Exhibi eof the City 0' and a part her said county and made of land in by reference the tracts Incorporated herein -tached hereto, (the ,p�opert ses able and in the best in :)r all purpo advis for pur- that it is IropertY determined lease the riot Lessor has Texas to hich will Nq,4 E RE AS ita Falls, a manner w the City of Wichi �her eunder in elest Of and gcls 1 property; producing the oil the ,ose If the Publ-ic use of lease the .nterf,re with of its intention to the state.Of notice a 71-005 of deted ,.,AER_pAS Lessor has given . :)nS 7I.o04 an received and cons Code; . I with Sectl' ,Code") and has ion 71.()06 of the property in accordance -ode (the Sect Resources C ance with Texas Natural i, hearing, in accord �- the lease oubl Ll COTIIP��� for at a 0� itted a bids, L & VrIE�REAS, belt er who Subm ('Lessee-) was the h gh,sr- a- essee for the purpose of the ProDertY; operty to L. s to accept such lease the�Pr desires and conditions AS Lessor desires to _ell8el, and Lessee 'i" IN-RE RE , a gas ther -1 an with the terms, Provi of Drodl-1c,ng the 01. accordance in ase from Lessor' 4 t le I r set forth; on of recelP hereinafte for and in C.,,-,iderati luable consideratiOnt de- HEREFORE Od and va Lessor has granted T other 90 aged, d__ire, lease NOW, -- ,M� and acRnowle grant, hibit -TI-lich is hereby presents does the attached E these ibed in ling -and sufficiency Of 't and by escr pecting and 8'il �-sed and le Property le, 11 of the eyr)loring, Pros' take care of# Tai sec Lessee a -ler and to save, unto 1vestigatinGf -and let, purpose Of ii tbereunc .,A- for 'the ' . il and gas a gas- -lie 0 d 0 pr.aucin own sal a conta e for and this leas tra,sport anc ined, date hereof WOW� treat, Drovisions herein from the the other I f five years . oil and gas, Or Subject to a ter-M 0 -----he-r—eafter as h aid in force for a as long t d with wbic S nain an rtY or Ian ,hall re" i,,,ry Term") Prope �be �Pr said (called d,,ed from -heM, pro is of that Pro- either 01 herewith- is pooled e we Vr erty -ee are (a) on Oil th'--'- I's aid by Less - be deliver ties to be P the same to ie wells may be -h tl The royal -id Property, to whic ii -in its -royalty C the 'y re 2 pipeline whe - -ved frO-" to se a' field ,,a ssor in nurcha r th e duced he credit Of Le _, time to time - .e,ailing fos and casingbead or to may fr therefor P1 a. Lessee t price to Pay Lessor on ga 0, (b) d by c necte the marRe of--the-.amount paying of purchase; Id by Lei�sf�e hen use the date (1) when 10 of the well, Or (2) wr Products? P.,81-1ced on said land or othe ,ed frQ-" t the rOuth ts f-cture of Casoline cas proau e computed a I oline or other pro8uc Lesse -he inanu ' sale of res- ,,,Iized by and or n t a the ale of gas' from the said lzea ,pressjon; Lessee 0­ t realize of the real'_ fuel and/Or cOT, f the �-rAoun l?nt 1-d therewith 0 C 0-,3 a n 'Used for P reage POO-- or before d theref] the --ount rty r On a- Ilty, on ---cze -,ducting this p3:ope V as royz (2) extra... -r-er - well on Lessee TzaY pa� pooled i6-,ie is a Cal r usedr said well is shut inraor t, in -,ere sold 0 v;lni-h (1) is included w-jile - L; �as is not being date On thereof be otherwise but C: —ter the portion . eases to n3ne.�y (90) days "' by or any . lease and thereafter ered here (3) this later date, - property cc% ated, Or is the the first the �r of the date nd hich a well is 10 - hicbeve On w d herein ani nive'rsary per well, a un't rovide before the�a na 1�0/10() ($200-00) er-minate and -ined as P Bundre shall not t in pay- ,T.a in I . t rvals on or at .--nua in e 0 f Two this lease f r OM this lease is a tenaerear ,,,ajced aid e n t made 01 n 9 and 9-s.fr'm a gas shall Oa-,--nent is bei u� 0 an if suc�, _;e of side-red th&t cas free royalty On 01 j- wili be c 0:"�: .ssel, shall have der ana the ing 'Lantities O.s hereun Or o�::)eratl .0 used g any eductIn be c Page 7 of _1 9 pages p,genda Item NO- ---- Lessee, or cO,--bine the Prop reby given the right and Power to at its Oot'On, is he ,either of the erty or any m, with Other land, Portion ther001 as t lease or lea 0 Oil and gas, 4 ses or ­%1-1i' In the iT-,u,ediate vicinit in 0 for oil or gas, lated I W-M ed however, and cas underneath the Property, provi rder to produce the oil Y -hereof to the extent hereinafter stipu said oil Or gas unit shd that -7— in a rty, f no less than fif- ever is the lesser amount Unit Pooled tY Percent (50%) acreage from the propeall be composed 0 no' substantially exceed Of acreage the entire PrOPer-ty w ich, for cas hereunder shall n eighty* (80) * Units Pooled h acres each for Oil hereunder shall twe Ot in area, and ntY substan tiallY exceed Units Pooled - (320) acres each, in area three hnndred Provided that plus a tolerance of ten per cent (10%) Of acres On wh any such unit may not contain more than the min, thereof, or orders Ich an oil and gas well in Imam number Of the Railroad commission fust he located Lessee under the provisions 0 Texas a to comply With rules any Portion thereof as abo hereof ma S applied to the Property. and as to gas Y Pool or combine the P ve provided as to oil -roperty or in any one in any to any stratum or strata r more strata. The units one Or more strata need not conform units into which the P in fOrmed by Pooling as un t s - or area with the unit or strata and oil i roperty is Pooled or c.sIze e need not conf 111b i n d or ratum Orm as to area with gas units. The Pooling in one or more instance as to any other st hereunder to pool s shall Lessee shall fi the Property or Porti not exhaust the righ le for record in the Ons there f ts Of the Lessee Into any other units. records Of the county or counties in which the Property appropriate 0 6esignating the 's located, an instrument describing and unit ies hereto, ecordation Pooled acreage as a Pooled ; and upon such r the-Unit shall be effective as to all part- ass�gns; irrespective Of whether or not the unit is their successOrsand to all other owners of surface, mi likewis included in such unit. neral, royalty e effective as or other rights in Ian' Operations for or cas from any Part of drilling on Or Production of oil of I the Pooled unit wh ch d the Property, sha includes all or any portion r gas s duction of oil 0 11 be considered a Operations for drilling uch ing s from the Property and the entire acreage constitut provided,unit or units, as to oil Or pro- shall be treated for all�nd gas, or either of them ties uDon production from the Poole Purposes as herein except the payment of ro in thi's Lease. d unit, a -if the same ers Of royalties For the pu s yal- were Included rPose Of computing the royalties to which own- Production of oil and'- payzients and gas, or out Of productz J-On shall be entitled on shall be allocated to the Prop either of.them, from the Pooled Portion Of the oil and gas erty and Included in unit, ther 0 said unit a Pr e 0 rata unit- Such alloc or either f them, Produced from the ation shall be on an acreage basis (that is be allocated to the acre-age Pooled there shall covered by this Lease and Included in the Pooled unit that pro rata portion of th-e oil and gas or either produced from the Pooled unit which is the number Of them, -unit bears to the total numb ed by this Lease and included in the Pooled f surface acres cover� Of surface acres included in be �o:-p the Pooled uted on the Portion of unit) . R.y.It- er or either of them so .110., such production, whe ies hereunder shall. ted to the Property an ther it be oil and gas j-ust as though suc'h Production were from d included in the unit irom an Oil well wi I be the Property ed u -1 considered product- - - The Production -nit from which it is Producing and n 'on from Unit; and production from a the lease or oil pool from the lease or cas ot gas well w;l as production from a Ca Pooled unit from-w 1 be considered a s Pooled an Oil Pooled unit hich it is p s Production roducing and not from 4- If operations for drilling are not 'or-menced on said Property or acreace Pooled therewith as above provided on or before one (1) Year from this date, the Lease shal then terminate as to both parties or before such ann- a bona fide Iversary date Lessee unless on shall Pay Or tender (�r shall make to the credi attempt to Pay or tender, as hereinafter stated) to Lessor t Of Lessor in Bank at Wichita Falls, Tex or _�s�- (-h�`-bba`nlkand its successors agent and shall continue as the deDosito' are LessoTF—S under recardless of changes in Ownership of said Property or the sLL-a �f Two DOLLAR ($2.00) rY for all rentals payable here- ject Per acre 4T the re tals) ed "Rental') , which shall c to this Lease (hereinafter call or the n-m-ber of acres then Privilege of deferri sub- ":elve (12) ..ths.lng cO'7QenceH'Ent of drilling operations fo over the 0 0 u d f r period of In like Mal,er and like Payments 2'ually' the cOr-imencement Of drilling onpon or tenders te -or s cce-'sive period of twelve erations may be further The Pa�-,nent or tender of r, (12) months each duri deferr- ng the r) * rovalty "6 ntal under this ParagraD an r1rnary er Parac,,,h 2 on any gas well from which aas -.h d of -Is not being Page 8 of 19 Pages Agerlda Item No. -lr�l't d or delivered draft of Lessee maile the date Of or before te or by checy, Or on liquid6 may be made to -aid baT bould fal to accept ,Oid or used a thereto Or ce or bank) 5 . or refuse �o the raltle, entitle' (or any s" S on tall make such Pay- if such bank for any reas failure to shall deliver ban)- Or . default for sor ed by another after Les t to De succeer- 0 'In. (30) bank as agen all n t be helc _y days Lessee until tbir another or before any anni- ren-tall f renti -rument Damlng on a Lessor r.ent or tender 0 ordable inst -if Lessee shall, rental to prior esse a proper rec Dr tenders- to pay or deposit r who, to ch a ents f ide attempt -as or to a LessO accord- receive su a bona Is recOr notice, in ia e ae 1 eceive ver... date' -ccording to Lessee has given LessP- r �hel �epositr e Of the right to rroneous entitle ayment or 3f this Leas -tive or e te- visions ( :)ay to 7 to SUC at "I's e sit shall be I ief f ec Id I such ance with e uent Pro nt or depo Ily obligate to I and su )a involved# and if suc Payme nconditiona rental F shall be U -ental peric manner le for the in the same been Pro- in any regard, Lessee perly paylb ut shall be maintaine has Tessor the rental pro terminate b. payment Or aeposl ent Or fective rental . rental Pay' this Lease shall not or inef ineffective itten h erroneous 'roneous or - �essee 01. wr as if Suc that the el after receipt by Luch instruments as nerlY made, provided within 30 days CCO,panied by S The down cash pay- -ted error a t hall not �e2O it be correc such and s S1 . proper paymen - -,M such Lessor of to Tnak., to its terms ime or notice fy able Lessee se according nay at any t ssarY to en this Lea amed Or are—ecei for I Lessee above n, he consideration for a per'Oc - itory or part of t the dePOs all ment is -re rental to a me ssor or to Lease as thereof, ated as this be alloc �Ijver to L tj-,z.s execute and de se or releases Of 'der all Or any portion opertY or d a relea the released PY der of recor horizon un izons un tions as to -,or 1D lace or of any mineral or oblIga Is and 17 ;>,00ertY, all minera a other -- -j- be relieved of all �d as to the rentals an in C thereby lease , th,is Lease uced an this Lease is re 9 - r., covered bN hereupon be red if Shall t released POr roperl a �rewith ach nterest the P' the acres within 51 by this vortion 0, accordanu surface 11 was covered a S cojouted In Tber Of ace acres whic -hat the nxL the Pr000rtion t total number Of suKf to the prior to such release. tion bears or gas on said ij, dry hole Or Lease ,ediatelY and production Of ol 11 drill a to discovery 'th, Lessee sha of oil Or gas, Pro- If prior a tberewl Ot terminate 5. -000lec d production shall n six- or on acreage discovery an Lease tions -1y this �ra proper if after 'rom any cause I -W,r3,�ing OP` commences holes thereon, Or, �se I drilling or re- Termt �e,eof Should "-- ns for the Primary for auction 5 operatic be 'within operations 0- i xt ensuing commences ssee comnence orl -f it -,tals or if Le -hereafter, tender of rer ying date ne'letion Of dry ty (60) days ' rment 03: , rental Pa. 1C ,stuiies the pa�j or before the late Of comfo sixty (60) s f rora the (_ Or re orking or'. ty (60) day� subsequent t or re— - any tine Term and Prior dr-i 1 ling . ion Of si) If at the PrimarV there- . the ex-Piral tion. t year of . pooled &`, ter tion Of 'roduc of the las or on acreage rations ope nole Or cessa- beginning 3�id property rental payment Or -0 the s on si emainder Of prior L )f Oil or 9� �reon no uring the r days discovery c dry bole the . force 4 )iI or gas Is se C to the ja drill a ry Term �p the Lea with, but zEh Lessee sbO'-'- .0 3,e e, of the Prim there ,,,essary in order t X,iratlon pooled thereon or 7 If at the e r on acreage the are P r or)er tY operatioDsays prior to . _ry Term- -.Orking t -he d' as opera on sal, or re i,ty (60) vroduce in drilling ithin 5 Long T being caced lot nen en hole thereon force so d a dry hall remain In al well are Lessee is t'co7,ple-e additlol .,,all have Term the Lease _w OrRing of ally consecutive days "d - the Primary drilling or re 'n sity (r.0) as oil or end Of � 3-1 Or c -,,ore tbi thereafter tions Oil said we O� SO long with. P-nY secuteci with no cessation of Oil Or ga )Oolea there r,s hereof nay production Dr acreage E th the te they result 11, -a property wi d from Sal, _,,,,dance the appro rocuce Lessee in I for record a premises gas 2-5 - -,,jcnated by filed be lease -led I--it C, by an instrunent in Which t le or the cessa, ... poo- by Lessee Counties a dry ho ;S�oived DuntY Or -,,,IetiOn of 11 or wells producing be c- - -Col- of the c( -acent land CS "ert th e c -he event a we -te re any time In in on ad3 page Pool ,.-,,tea on aid uni be brought S or acy re S Shall mise ction lease pre -sonable f oroax re ion 0 qu,ntitle as a 6rai, �t wells t ning the ff Se . .1 ; I or cas in Paying `nd .11 such 0- sim, ar cl-rcum- 0 330 feet Of same Or -t�in agrees to drl d and VI -- Lessee un er the ed therewith opera tor would drill after the and pruEent *me during 01 placed by stances. at any tl� 3res have the rig", --a liy�t, - remove all cas- ssee sba r,1111 all to draw and. 6. Le Of-this Lease to . ­ 10 the right . -lines below . ..... .. ;nc I I-,a I r, bury all PIP expira-t-lon oDertY I - Les 5,, shall on Tessorl Lcssee e, ellired by n Page ---9 0 f --I-CL— pages Nb- -ngenda IteTn rcl"ary Plow depth. 7- The right., 06 If either party hereunder may be 31 p6rt, , and the Provision and S hereof assigns; but no c hange or divi extend ...ig-ed in whole or or royalties to their heirs, however ac Sion in Ownership of ccess cOmPlished, Shal3 talors 1 tiOns or di-minish the r the land, ren Operate to enlarge S Ownership shall be 'ghtsOf Lessee; and the obliga- binding on Lessee until thir division in such shall have been furnished no change or Place of business with a c by registered U. S. tY (30) days after Lessee Ments eviden mail at Lessee's Principal part, C-Ing same- ertified copy of re liabili In the event of "Sigcorded instrument-or stru nment hereof n sively unon tY for breach Of any Ob in whole the owner of this Leas "9'till herlunder , or in such breach- In event o e or Of a po hall rest ex,lu_ rtion thereof who commits tion of said P f assignment of this Lease as to a segregated Por- r rOperty, the rentall Da he eunder shall be apportion- able as atablY accor face area If each, and default in rental le ding to the sur- - ab between the several leaseholdy--ner the rights Of other leasehold Owners here Pay-ment by one sha n under. 11 It affect work 8- The breach by Lessee of a forfeiture any obl- eing conducted are not at any time b - t, In the event Lessor considers termination or hereof in who created hereby nor be grounds for cance lation -reversion of the estate .on of this Lease nor cause a 11 ­.� ._�11 Or terminat, Igation arising hereunder shall not le or in par shall notify Lessee i in compl, that operations breach hereof ' writing Of the fa lance with and Lessee, if . this Lease receiDt cts relied upon as constj, Lessor h -in default, tuting. a gations of suc notice in' shall have sixty (60) days after iJ1_1Osed by virtue which to commence the conpl- of thi lance with the S instrument. obli- 9" It is agreed that if this L gas -In all, ease p covers a less interest in oil r Is herein specified or any part, Of said Property than the entire and undividedofe S LM le estate (whether Les sor's interest interest therein, then the royalties e ing from any part I del or not) or as to which t aY rentals and other mo , no shall be paid only his Lease covers less than su n-les accru- in the Proportion covered by this Lease bear to which the interest t ch full interest herein, if an therein. All royalty s to the whole and undivided fee sim yr by Lessor) interest covered b Ple estate shall be paid Y this Lease Lessee to reduce rental pout Of the royalty herein (whether or not Owned a to reduce royalty. id hereunder s Provided. Failure of hall not i-Pair the right Of Lessee Should Lessee be Prevented from covenant Of this Lease, thereon from conducting d complying with any express OZ or from Producing oil rilling or re-workin implied inability to obt' - or gas 'therefrom by force majeure, ain or to use ea * reason of 9 Operations UlPment or material, scarci Ity of or ernmental authority, or by I gov any Federal or state law or peration of then while so preve any order, rule or regulatio co:-'-DIY with such covena-nt shall be su ted, Lessee's obligation t n of in da-mages for failure to cOMDly therspended, and Lessee shall not be liable ed whil- e-ith; and this Lease sha 0 e and so long as Lesse-e is Prevented by an be extend- ing drilling or-re-working Op2ratio., Y Such cause from conduct- the leased PrEMises or !an On or from while Lessee is so prevent d Pooled with the leaseproduc'ng oil Or gas from in this ed shall d Premises; and the .. ..... Lease to the contra It he counted time rY notwithstanding. aGainst Lessee. anything N O-Withstanding lY unders,00d the other provis i* Lbat Lessee shall not condu_ions of al"Y nsta this Lease, llations or lay any Pipeline On ct any drilling it is distinct ca iOn Of the well, operations instal _t. the leased Propert�y u or Make aPpr 0 v e d by the city Of �,i­ Ion Of other ecuiPment and any ntil the c chita 10- :De-ations, installation and . Falls and t�e d'rilling locat pipeline ed by the city of' P'Peline must neet the-specifi lon, drillin cations design- On the leased Pro lqichita Falls to protect the water in the lake located direc-,. perty- Provided, lonally drill Lessee coes have the -right to ricl-,ts Produce and conduct 0' herein cranted on the su perations and exercise all other Surf&ce locati- bsurface of the leased ProDerty where the On Of such well t4ons shall be conducted i is off Of the leased Property and n It is u-nEerstood that the above provision. no %�'ay a such Opera- the leased Property a 1--anner to protect the 'water in the lake on 12. -air the Pooling Provisions herein. shall in en d I f ?;Othwithstanding the Other r)ro%,. O_;2 C.- the Pril-,ary Term, this Lease iS be 1sions of thi Is Lease c-Es On the leased Pro ing n-aintained by if, at the perty or on 2and nooled production of h the leased PrODerty Page 10 Of 19 Pages Agenda Item No. ggg 651 4 44 � 'i �0 -N such time ed, then at otherwise herein provid is being maintained as h six (6) to commence a, additional well eac �reafter as Lessee fails n the leased Property or iths after the end of the Primary Term either o leased Property, then at such time all of the oled with the of the proDertV PO d except such part ised' Property shall revert to Lessor, save an pooled units or as to Pro- luded within producing ised ProDerty as is inc s to such acreage as the Railroad n the leased Property a as for a pro- 2ing wells 0 tes for the production of oil or g —jossion of Texas alloca event, shall exceed ci 4 on unit on the leased Property, which, in no and twenty (320) ell and three hundred Shty (80) acres for an oil w res' for a gas well. r implied. rantY Of title, either expressed o 13. There is no war I-,,, WITNESS �,THFRFOF, the parties hereto have caused this Lease to be this day of 1982. CITY OF WICHITA FALLS, TEXAS �- --�00` BY: city Manager rTEST- y Clerk ,TTEST: By: NINE- THE STATE OF TEXAS T Col-�,TY OF �%IICHITA Br-POR the undersigned, a Notary Public in and for Wichita E ME, peared Stuart A. Bach, 0 day personally ap ::orporation, nt, , Texas n this a municipal Cou� v ichita Falls Texas, to the C-,ty -anager of the City Of W whose name is subscribed son and officer same was the act Of kno-,,n to ,,De to be the per �,ed to me that the on, and that ng instrument and acknowledg ati fore�oi cipal corpor a Falls, Texas, a mun 1 for the pur- the said Cit'V of Wichit f Wichita Falls s the act of said City 0 he executed the same a and in the capacit therein stated. expressed, poses ana consideration therein of office, this the day of GIVE", under my hand and seal 1982. ary Public in and for Wichita County, Texas -v day of 19—. Co�ission expires on the Page of 19 Pages Agenda Item No. EXHIBIT "A" 7 All that certain lot, tract and parcel of land situated in Archer County, Texas, to-wit: Being fifty and 7/10 (50.7) acres of land, more or less, out Of Blk. No. 26 of the Harris Subd. of the Club Ranch, de- scribed by motes and bounds as follows: BEGINNING at the N.E. corner of the G. W. Dugan Sur. , Abst. 1193, the same beinc'T the N.W. corner of the T. P. Martin Sur. , Abst. 739 and running thence E. 1110.8 ft. to the N.E. corner of the said Martin Sur. ; Thence S. with the E. line of the said Martin Sur. and the W. line of Blk. 2G of the Harris Subd. of the Club Ranch ,'1400 ft. to a point; Thence E. 600 ft. to a Point; Thence N. 2024.8 ft. to a point in -le t1 S. line of the Robt. Carsons Surveys, No. 174; Thence 4 W. with the S. line of the said Carson Surveys 2188.4 ft. to a point; Thence S. 624.8 ft. to a point on the N. line of th� G. 11. Dugan Sur. , Abst. 1193; Thence E. with the N. line of the said DuQan Sur. 477.6 ft. to the 'place of be- ginning. Containing 50.7 acres of land, more or less. Beino the same land described in Deed dated November 20, 1944, recorded in Volume 198, Paqe 392 of the Deed Records of Archer County, Texjs ',:hercin L. T. Burns conveyed such land to the City of Wichita F'alls. -7� Page 12 of 19 -Pacres Acrenda Item Nn-