Min 04/07/1981 1
Wichita Falls, Texas
Memorial Auditorium Building
April 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 F'layor
Marvin Traywick (retiring)
Gene Shearman (new member)
John Hampton, Jr.
Carol Russell Aldermen
Curtis Smith
James B. Thomas
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Art Dewitt Assistant Accounting Officer
Wilma J. Thomas City Clerk
The invocation was given by James Henry, Sunnyside Baptist Church.
Item 3
Moved by Alderman Thomas that minutes of the meetings held March 17 and
March 20, 1981, be approved.
Motion seconded by Alderman Boston, and carried unanimously.
Item 4
Returns of the municipal election held April 4, 1981, were canvassed by the
Board of Aldermen.
, RESOLUTION NO. 2749
RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE
CITY OF WICHITA FALLS, TEXAS, ON APRIL 4, 1981.
WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita
Falls, Texas, held in the Memorial Auditorium Building on the 7th day of April, 1981,
at which time a quorum was present, came on to be considered the returns of the
municipal election held on the 4th day of April, 1981.
WHEREAS, after canvassing the returns of said election, it was found to be
duly and legally held in all respects, and that 3933 voters voted in said election,
and that votes were cast as follows:
FOR ALDERMAN, PLACE 1:
Leora Smith received 61 votes.
David W. Vernon received 265 votes.
George S. Scruggs received 185 votes.
Nancy Sherrill received 1603 votes.
Gene A. Shearman received 1804 votes.
Write-in votes 1.
FOR ALDERMAN PLACE 2:
John W. Hampton, Jr. received 2752 votes.
Stan Jay Grider received 934 votes.
Write-in votes 35.
FOR ALDERMAN, PLACE 3:
2
Item 4, cont'd.
David E. Brock received 1751 votes.
Carol G. Russell received 2135 votes.
Write-in votes 7.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said election was in all respects legally held in accordance with the laws of
the State of Texas and the charter and ordinances of the City of Wichita Falls; that
Gene A. Shearman was duly and legally elected Alderman, Place 1; John W. Hampton, Jr.
was duly and legally elected Alderman, Place 2; Carol G. Russell was duly and legally
elected Alderman, Place 3.
Moved by Alderman Thomas that Resolution No. 2749 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill, Aldermen Traywick, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Mayor Hill commended Alderman Traywick for the hard work and wisdom provided
to the Council these past two years. Alderman Traywick noted that he had been a part
of the tornado council, and thanked the citizens for allowing him to serve at this
special time.
Item 5
The newly elected Aldermen (Gene Shearman, John Hampton, and Carol Russell) were
sworn in by City Clerk Wilma Thomas.
Marvin Traywick relinquished his position to Gene Shearman, and left the Council
Room.
Mayor Hill welcomed Gene Shearman as a new member of the Council, along with
reelected members John Hampton and Carol Russell.
Items 6a - 12a
Moved by Alderman Thomas that Items 6a through 12a on the consent agenda be
approved.
Motion seconded by Alderman Russell.
4 Item 6a
ORDINANCE NO. 3986
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF FOURTH STREET AND
CERTAIN ALLEYS IN THE BEAN AND STONE RESUBDIVISION OF BLOCK 240 AND
BLOCK 241 OF THE ORIGINAL TOWNSITE OF WICHITA FALLS, TEXAS.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None \�
Item 6b
ORDINANCE NO. 3987
ORDINANCE AMENDING SECTION 7-14 AND SECTION 7-15 OF THE CODE OF
ORDINANCES, TO ADOPT THE 1979 EDITION OF THE STANDARD BUILDING CODE.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
3
Item 7a
J RESOLUTION NO. 2750
RESOLUTION AMENDING GOLF RULES FOR WEEKS PARK GOLF COURSE.
WHEREAS, by Resolution No. 2301, the Board of Aldermen adopted certain golf
rules to be observed on the Weeks Park Golf Course; and,
WHEREAS, the Parks 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. 2301 is hereby repealed.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 7b
/RESOLUTION NO. 2751
RESOLUTION APPROVING LEASE FROM WICHITA FALLS INDEPENDENT SCHOOL
DISTRICT OF 0.7 ACRE TRACT OF LAND ON ARMORY ROAD FOR SOUTHSIDE
COMMUNITY CENTER.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain lease agreement, a copy of which is attached hereto, from the
Wichita Falls Independent School District to the City of Wichita Falls, covering
a 0.7 acre tract on Armory Road to be used for the Southside Community Center, is
hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
✓Item 7c
,'RESOLUTION NO. 2752
RESOLUTION APPROVING LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL
AIRPORT TO BURLINGTON NORTHERN AIR FREIGHT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain lease of premises at Wichita Falls Municipal Airport to Burlington
Northern Air Freight, a copy of which is attached hereto, is hereby approved, and
the City Manager is authorized to execute the same for the City of Wichita Falls.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Bos ton
Nays: None
Alderman Thomas commented that the rental per square foot is low, and they
would want to look at it when the lease comes due. Jack Griffin, Acting Director
of Traffic and Transportation, noted that the airport has quite a bit of vacant
space.
4
,;Item 7d
RESOLUTION NO. 2753
RESOLUTION APPROVING PIPE LINE LICENSE FOR A 4-INCH WATER LINE UNDER
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY PROPERTY NEAR M.P. G-788.27
IN WICHITA FALLS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain pipe line license, a copy of which is attached hereto, whereby
M.K.T. Railroad Company authorizes the City to construct a 4-inch water line under
the railroad property near Mile Post G-788.27 is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and -1
Boston
Nays: None
Item 7e
RESOLUTION NO. 2754
RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS
AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR
THE STREET RIGHT-OF-WAY ON CITY VIEW DRIVE, 1980-82 CAPITAL IMPROVEMENT
PROGRAM.
WHEREAS, it is necessary to acquire the properties hereinafter described for
the street right-of-way on City View Drive, 1980-82 Capital Improvement Program;
and,
WHEREAS, such properties have been appraised by an independent appraiser employed
by the City for this purpose, and the amount of the appraisals have 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:
CITY VIEW DRIVE STREET IMPROVEMENT
1980-82 CAPITAL IMPROVEMENT PROGRAM
Parcel No. 1
A strip of land being the east 20 feet of a parcel out of Block 14, Priddy Subdivision
of the G. W. Scott Survey, A-254, and is described in Vol. 1294, Page 847, and
970, page 250 in the deed records of Wichita County, Texas, said 20 ft. wide strip is
described by metes and bounds as follows:
Beginning at the southeast property corner of Block 14, a point in the present west
right-of-way line of City View Drive;
THENCE N 80° 00' w. 20.4 feet;
THENCE N 00° 19' W. 204.1 feet;
THENCE S 72° 35' E, 21.0 feet along the southern boundary line of the north �—
side canal;
THENCE S 00° 19' E. 204.1 feet along the existing west right-of-way of City
View Drive to the place of beginning and containing 4082 square feet
(0.09 ac) more or less.
Parcel No. 2
A strip of land being the east 20 feet of a parcel at the northern end and tapering
to the east 10 feet of the parcel at the southern end as described; said parcel being
out of Block 1, Priddy Subdivision of the G. W. Scott Survey, A-254, and is described
in Vol. 1152, Page 109, in the Deed Records of Wichita County, Texas, said strip is
described by metes and bounds as follows:
5
Item 7e, cont'd.
Beginning at a point in the east property line of Block 1, said point being the
northeast corner of Block 1, the southeast corner of Block 12, and also bearing
S 80° 00°iW, 300.4 feet from the northeast corner of Block 2.
THENCE, S. 00° 19' E, 447.0 feet;
THENCE, S 10° 38' W (S 5° 45' 19" W), 101.0 feet (100.44 ft.)
THENCE, 5 000 30' E, 184.1 feet;
The above calls being along the existing west right-of-way of City View Drive
THENCE N 80° 00' W, 10.2 feet
THENCE, N 00° 19' W, 732.8 feet
THENCE, S 80° 00' E, 20.4 feet to the place of beginning and containing 12,851
square feet (0.30 acres) more or less.
Parcel No. 3
A strip of land being the east 20 feet of a parcel out of Block 12, Priddy
Subdivision of the G. W. Scott Survey, A-254 and is described in Vol. 978,
Page 302, in the Deed record of Wichita County, Texas, said 20 foot wide strip
is described by metes and bounds as follows:
BEGINNING, at a point in the east property line of Block 12, said point being
the southeast corner of said block and also being the north east corner of Block
1, Priddy Subdivision,
THENCE, N 80°00' W. 20.4 feet;
THENCE, N 00°19' W, 100.0 feet;
THENCE, 5. 80° 00' E, 20.4 feet;
THENCE, S 00° 19' E, 100.0 feet along the existing west right-of-way of City
View Drive to the place of Beginning and containing 2000 square feet (0.04 acres)
more or less.
Parcel No. 4
A strip of land being the east 20 feet of a parcel out of Block 12, Priddy
Subdivision of the G. W. Scott Survey, A-254 and is described in Vol. 1074,
Page 343, in the Deed Record of Wichita County, Texas, said 20 feet wide strip
is described by metes and bounds as follows:
BEGINNING, at a point in the east property line of Block 12, said point bearing
from the southeast corner of Block 12, N 00° 19' W, 100.0 feet.
THENCE, N 80° 00' W, 20.4 feet;
THENCE, N 00° 19' W, 210.1 feet;
THENCE, S 80° 00' E, 20.4 feet;
THENCE, S 00° 19' E, 210.1 feet along the existing west right-of-way of City
View Drive to the place of beginning and containing 4202 square feet (0.10 acres)
more or less.
Total values approved in this resolution $2,170.
Section No. 2 The approved values of such properties are 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 are the values as determined by the appraisals made by the
independent appraiser 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 property for more
than the appraised value in order to save the estimated cost of condemnation.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Bos ton
Nays: None
6
Item 7f
JRESOLUTION NO. 2755
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE
BURNETT STREET/WICHITA RIVER BRIDGE IMPROVEMENT PROGRAM AND AUTHORIZING
EMPLOYMENT OF APPRAISERS.
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 following described tracts of
land for the Burnett Street/Wichita River Bridge Improvement Program to-wit:
BURNETT STREET/WICHITA RIVER BRIDGE IMPROVEMENT PROGRAM
Two tracts of land totaling 0.373 acre out of Abstract No. 306 and No. 307,
Wichita County, Texas described as follows:
Tract No. 1
Being 0.132 of one acre of land, more or less, out of and a part of a 0.91 acre
tract in the John A. Scott Survey No. 15, Abs. No. 307, in Wichita County, Texas;
said 0.91 acre tract being the same land described in a deed from First Wichita
National Bank to Roger W. Crampton dated January 3, 1963, recorded in Vol. 1172,
Pg. 247, Deed Records of Wichita County, Texas; said 0.132 of one acre of land,
more or less, being more particularly described by metes and bounds as follows:
BEGINNING at a point in the southwest right of way line of North Burnett Street,
said point being S 35° 00' E 130 feet from the intersection of the southwest right
of way line of North Burnett Street and the southeast right of way line of Warren
Street, said point also being the eastern most corner of a tract of land described
in a deed from Billy Jack Hawkins, et ux to Jerry Murphy dated January 31, 1976,
recorded in Volume 1198, Page 191, Deed Records of Wichita County, Texas;
THENCE, S 35° 00' E, a distance of 176.9 feet along the southwest right of way line
of North Burnett Street to a point for corner;
THENCE, S 55° 00' W, a distance of 40.0 feet to a point for corner;
THENCE, N 35° 00' W, a distance of 70.0 feet to a point for corner;
THENCE, N 21° 50' W, a distance of 109.69 feet to a point for corner, said point
being in the southeast line of the above described tract of land from
Billy Jack Hawkins, et ux to Jerry Murphy;
THENCE, N 54° 37' E, a distance of 15 feet along the southeast line of the above
described tract of land from Billy Jack Hawkins, et ux to Jerry Murphy to
the point of beginning, and containing 0.132 acre of land, more or less.
Tract No. 2
Being 0.241 of one acre of land, more or less, out of and a part of a 4.19 acre
tract in the John A. Scott Survey No. 15, Abs. No. 307, in Wichita County, Texas;
said 4.19 acre tract being the same land described in a deed from First Wichita
National Bank to Roger W. Crampton dated January 3, 1963, recorded in Vol. 1172,
Pg. 247, Deed Records of Wichita County, Texas, said 0.241 of one acre of land,
more or less, being more particularly described by metes and bounds as follows:
BEGINNING at a point in the northeast right of way line of North Burnett Street,
said point being S 35° 00' E 72.5 feet from the southern most corner of Block 0,
R. E. Montgomery Subdivision, as recorded in Vol. 3, Pg. 79, plat records of
Wichita County, Texas;
THENCE, N 55° 00' E, a distance of 15.0 feet to a point for corner;
THENCE, S 50° 15' E, a distance of 114.02 feet to a point for corner;
THENCE, S 35° 00' E, a distance of 160.0 feet to a point for corner;
THENCE, 5 55° 00' W, a distance of 45.0 feet to a point for corner, said point
being in the northeast right of way line of North Burnett Street;
THENCE, N 35u 00' W, a distance of 270.0 feet along the northeast right of way
line of North Burnett Street to the point of beginning, and containing
0.241 acre of land, more or less.
Section No. 2 The City Manager is hereby authorized to employ appraisers to
appraise the property being acquired for the Burnett Street/Wichita River Bridge
Improvement Program.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
7
Item 7q
RESOLUTION NO. 2756
RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL
AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE
BURNETT STREET/WICHITA RIVER BRIDGE IMPROVEMENT PROGRAM.
WHEREAS, it is necessary to acquire the properties hereinafter described for
the Burnett Street/Wichita River Bridge Improvement Program; and,
WHEREAS, such properties have been appraised by an independent appraiser
employed by the City 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:
BURNETT STREET/WICHITA RIVER BRIDGE IMPROVEMENT PROGRAM
Two tracts of land totaling 0.373 acre out of Abstract No. 306 and
No. 307, Wichita County, Texas described as follows:
Tract No. 1
Being 0.132 of one acre of land, more or less, out of and a part of a 0.91 acre
tract in the John A. Scott Survey No. 15, Abs. No. 307, in Wichita County, Texas;
said 0.91 acre tract being the same land described in a deed from First Wichita
National Bank to Roger W. Crampton dated January 3, 1963, recorded in Vol. 1172,
Pg. 247, Deed Records of Wichita County, Texas; said 0.132 of one acre of land,
more or less, being more particularly described by metes and bounds as follows:
BEGINNING at a point in the southwest right of way line of North Burnett Street,
said point being S 35° 00' E 130 feet from the intersection of the southwest right
of way line of North Burnett Street and the southeast right of way line of Warren
Street, said point also being the eastern most corner of a tract of land described
in a deed from Billy Jack Hawkins, et ux to Jerry Murphy dated January 31, 1976,
recorded in Volume 1198, Page 191, Deed Records of Wichita County, Texas;
THENCE, S 35° 00' E, a distance of 176.9 feet along the southwest right of way
line of North Burnett Street to a point for corner;
THENCE, 5 55° 00' W, a distance of 40.0 feet to a point for corner;
THENCE, N 35° 00' W, a distance of 70.0 feet to a point for corner;
THENCE, N 21° 50' W, a distance of 109.69 feet to a point for corner, said point
being in the southeast line of the above described tract of land from
Billy Jack Hawkins, et ux to Jerry Murphy;
THENCE, N 54° 37' E, a distance of 15 feet along the southeast line of the above
described tract of land from Billy Jack Hawkins, et ux to Jerry Murphy
to the point of beginning, and containing 0.132 acre of land, more or less.
Tract No. 2
Being 0.241 of one acre of land, more or less, out of and a part of a 4.19 acre
tract in the John A. Scott Survey No. 15, Abs. No. 307, in Wichita County, Texas;
said 4.19 acre tract being the same land described in a deed from First Wichita
National Bank to Roger W. Crampton dated January 3, 1963, recorded in Vol. 1172,
Pg. 247, Deed Records of Wichita County, Texas, said 0.241 of one acre of land,
more or less, being more particularly described by metes and bounds as follows:
BEGINNING at a point in the northeast right of way line of North Burnett Street,
said point being S 35° 00' E 72.5 feet from the southern most corner of Block 0,
R. E. Montgomery Subdivision, as recorded in Vol. 3, Pg. 79, plat records of
Wichita County, Texas;
THENCE, N 55° 00' E, a distance of 15.0 feet to a point for corner;
THENCE, S 50° 15' E, a distance of 114.02 feet to a point for corner;
THENCE, S 35° 00' E, a distance of 160.0 feet to a point for corner;
THENCE, S 55° 00' W, a distance of 45.0 feet to a point for corner, said point
being in the northeast right of way line of North Burnett Street;
THENCE, N 350 00' W, a distance of 270.0 feet along the northeast right of way
8
Item 7g, cont'd.
line of North Burnett Street to the point of beginning, and containing
0.241 acre of land, more or less.
Total value approved in this resolution $3,400.
Section No. 2 The approved value of such properties are 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
appraiser 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 property for more than the
appraised value in order to save the estimated cost of condemnation.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
/ Item 8a
Bids were considered for 1981 park concession operators.
Betty Evans, of the YWCA, requested that the bid for Bridwell Park concession be
awarded to the YWCA, even though they were not the high bidder. They wanted to raise
money to send the girls to the state tournament, and they planned to use concession
money for this purpose.
City Attorney H. P. Hodge, Jr. stated that legally the City did not have to take
bids for this purpose.
Ann Whitmire, of the YWCA, stated that no other youth agencies operate concession
stands except the Boys' Club. She stated that they bid ten percent to keep their
prices low. She requested an exception because they are a youth agency.
The Board of Aldermen felt that to protect the bidding system, they could not
honor this because bids had been taken.
RESOLUTION NO. 2757
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR CONCESSION OPERATIONS
AT CERTAIN CITY PARKS.
WHEREAS, sealed bids were taken for concession operations at certain City parks;
and,
WHEREAS, the highest and best bids received for such concession rights were as
follows:
Doug Mathis bid 20% of gross sales for Bridwell Park;
Thomas L. Black bid 31% of gross sales for TESCO Park;
Doug Mathis bid 32 1/2% of gross sales for Hamilton Park;
Doug Mathis bid 15% of gross sales for Loch Lomand Park;
Joe Chavez, manager of Panthers Baseball Team, bid 25% of gross sales for
Spudder Park; and,
WHEREAS, thereafter the following bids were received:
Fraisure Sumpter bid 15% of gross sales for Jalonick Park and Williams
Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The above described bids for concession rights are hereby accepted, and the City
Manager is authorized to execute contracts with such bidders for concession rights at
such parks during the 1981 season.
9
Item 8a, cont'd.
Ayes: Mayor Hill, Aldermen Hampton, Russell, Smith, Thomas, and Boston
Nays: Alderman Shearman
v Item 8b
On March 17, 1981, the Council awarded a bid to Watson Distributing Company
in the amount of $4,143.00 for a three-wheel turf vehicle. When an attempt was
made to order this equipment, Watson Distributing Company noted that that amount
was not the total bid price for the unit. The total bid price was $8,030.00.
It is now recommended that the low bid for the turf vehicle be awarded to
Colonial Motor Company in the amount of $6,900.00.
—� The bid for the turf vehicle was awarded to Colonial Motor Company in the
amount of $6,900.00.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
,I Item 8c
The low bids for mowing equipment for Parks and Recreation Department were
awarded as follows.
a. Watson Distributing Company--Three 72" rotary mowers @ $6,995 each,
for a total of $20,985.
b. Goldthwaites--Two 44" rotary mowers @ $2,950 each, for a total of
$5,900.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
'Item 8d
✓RESOLUTION NO. 2758
A RESOLUTION ACCEPTING BID FOR REPLACEMENT OF SELECTED IBM EQUIPMENT.
WHEREAS, existing IBM Magnetic Tapes Drives are technically obsolete, hindering
effective operation, difficult and expensive to maintain; and,
WHEREAS, replacement action was planned, programmed and approved in the
FY 80/81 budget; and,
WHEREAS, the City advertised for bids for one (1) IBM 3803 Model 1 Tape
Control Unit, two (2) IBM 3420 Model 5, Dual Density Magnetic Tape Drives and
one (1) IBM 3420 Model 5, Single Density Magnetic Tape Drive, to replace one
(1) 2404 Model 2 Tape Control Unit with one (1) Tape Drive and two (2) 2402
Model 2 Magnetic Tape Drives with two (2) drives each; and,
WHEREAS, five (5) vendors responded and the CMI Corporation was the lowest
responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute a contract for the lease of
replacement IBM equipment and to initiate disposal action for existing equipment.
Lease of the equipment shall not exceed $17,115 for FY 80/81.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 8e
The bid for a landfill crawler tractor was discussed.
10
Item 8e, cont'd.
Alderman Thomas questioned the difference in the bids of Conley Lott Nichols and
Darr Equipment Company. He noted that if we delete the bond for Conley Lott Nichols
it would save an additional $5,000. If we keep this equipment for five years or more
we would do better to buy from Conley Lott Nichols unless Mr. Lillard feels that the
caterpillar is worth nine to fourteen thousand dollars more. Ernest Lillard stated
that the repurchase clause is a method used by the bidders to qualify their equipment.
City Attorney H. P. Hodge, Jr. stated that normally if you put out specifications,
and two bidders meet those specifications, the low bidder is entitled to the bid. He
explained that the Council has the right to use their discretion if other factors
enter into it, such as availability of equipment, etc.
Alderman Shearman asked when bids are submitted are not there specifications
which are required? He feels we should take the low bid. Mayor Hill noted that
the repurchase clause is just as much a part of the specifications as the other.
Director of Public Works Ernest Lillard stated that the only way we know how
to evaluate these differences is to let the manufacturers make the evaluations on
their own equipment.
Alderman Shearman agreed that this is a viable part of it.
The bid for the crawler tractor was awarded to Darr Equipment Company in the
amount of $170,157.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 8f
, RESOLUTION NO. 2759
RESOLUTION AWARDING CONTRACT FOR THE 1981 SURFACE OVERLAY PROGRAM TO
DIRCON CORPORATION.
WHEREAS, the City of Wichita Falls had advertised for bids for the construction
of the 1981 Surface Overlay Program; and,
WHEREAS, two bids were received, and it is found that the bid of Dircon Corporation
in the amount of $348,520.00 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 Corporation in the amount of $348,520.00 is hereby accepted,
and the City Manager is authorized to execute a contract with Dircon Corporation for
the construction of such improvement.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
✓Item 9a
✓RESOLUTION NO. 2760
RESOLUTION ACCEPTING THE INSTALLATION OF BALLFIELD LIGHTING AT KIWANIS
PARK, AND AUTHORIZING FINAL PAYMENT.
WHEREAS, heretofore the City of Wichita Falls and Browning Electric, Inc., as
contractor, entered into a contract dated January 23, 1981, wherein said contractor
agreed to install certain ballfield lighting at Kiwanis Park; and,
WHEREAS, said installation has been completed in accordance with the plans and
specifications; and,
WHEREAS, the total contract price for such project is $27,584, of which $24,825.60
has been paid to the contractor, leaving a balance due of $2,758.40.
11
Item 9a, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The installation of the ballfield lighting at Kiwanis Park is hereby accepted
by the City of Wichita Falls, and the City Manager is directed to pay to the said
contractor the amount due as set out above.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
y Item 9b
RESOLUTION NO. 2761
RESOLUTION ACCEPTING REPAIR OF CENTRAL FIRE STATION AND AUTHORIZING
FINAL PAYMENT.
WHEREAS, the City of Wichita Falls, as owner, and M. A. Vordenbaum & Sons,
Inc., as contractor, entered into a contract dated November 18, 1980, wherein
said contractor agreed to repair the roof structure at Central Fire Station; and,
WHEREAS, said construction has been completed in accordance with the plans
and specifications; and,
WHEREAS, the total contract price for such project is $54,708, of which
$51,972.60 has been paid to the contractor, leaving a balance of $2,735.40.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The repair of the roof structure at Central Fire Station is hereby accepted
by the City of Wichita Falls, and the City Manager is directed to pay to the
said contractor the amount due at this time, being $2,735.40.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 9c
V
/RESOLUTION NO. 2762
RESOLUTION ACCEPTING CONSTRUCTION OF REPAIRS TO THE POLICE BUILDING,
AND AUTHORIZING FINAL PAYMENT.
WHEREAS, by Resolution No. 2611 dated September 2, 1980, the Board of
Aldermen accepted the bid of Wallace & Raub Construction Company in the amount
of $109,238 for the construction of improvements to the police building, including
furnishing and installing an emergency electric generator; and,
WHEREAS, the City paid such contractor for the purchase of the electric
generator through the issuance of a purchase order in the amount of $16,800, and
the City and such contractor entered into a contract dated September 2, 1980,
for the construction of the improvements and the installation of the generator
for the contract price of $92,438; and,
WHEREAS, said construction has been completed in accordance with the plans
and specifications; and,
WHEREAS, Change Order No. 1, increasing the contract amount $600, was authorized
by the City Manager to provide access to roof drains through the roof to replace a
section of the drain line, and Change Order No. 2, which increased the contract
price by $4,680, was approved by the Board of Aldermen to change the method of
reroofing the building; these change orders increase the contract amount to $97,718,
of which $87,946.20 has been paid to the contractor, leaving a balance of $9,771.80;
the contract provides that $500 shall be withheld as an additional bond for the
guarantee period of one year, which leaves the amount of $9,271.80 due to the
contractor at this time.
12
Item 9c, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN BY THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The construction of the improvements to the police building is hereby accepted
by the City of Wichita Falls, and the City Manager is directed to pay to the said
contractor the amount due at this time as set out above; at the end of one year,
the $500 which is being withheld may be released to the contractor, subject to any
claims under the guarantee.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 9d
Discussion was held on a proposed resolution approving a change order and
accepting completion of contract with Joe M. Nall for consulting services on the
City's water system.
Alderman Thomas questioned why these two systems were developed? City Manager
Stuart Bach stated that it would have caused us to change all of our account numbers
and interface both utility and municipal accounts.
Mayor Hill stated that they have spent $16,000 without the approval of the
Council. It was not clear whether the former director of finance realized it would
cost this much additional. Arthur Dewitt, Acting Chief Accounting Officer, stated
that he felt that Joe Nall grossly underestimated what it would cost. City Manager
Stuart Bach acknowledged that they should have brought this to the Council.
Alderman Hampton stated that an $18,000 over run on a $33,000 item is pretty
serious business, and this was done without approval of the Council. They should
have had a change order. If they were wrong on their process, Mr. Nall should eat
every penny of it. Aldermen Smith and Shearman agreed that when a mistake is made
in their businesses, they have to eat it.
Alderman Russell noted that in other items approved this morning, change
orders were mentioned. If by interfacing we have indeed received a service that
will be of value to the City, might there be some fair or equitable price that we
should perhaps arrive at?
City Manager Stuart Bach stated that we have definitely received some benefits
from what has been done. He stated that his initial action was to say "No".
Mr. Nall is very reputable, and he feels we received some additional services from
him.
Alderman Hampton noted that as reliable as the firm is, he should have let the
powers that be know about the over runs. Somebody somewhere down the line is wrong.
The question now is what we should do about it?
Alderman Shearman stated that when he is on the sales floor with a customer, if
he is wrong he has to eat it. He believes in this contract we should pay the man
what the contract is, and not a penny more.
Joe Smith Director of Public Utilities, stated that he feels we got our money's
worth. He did not know anything about it until he had over run his cost.
Alderman Hampton asked what is going to keep him from doing it again? City ~�
Manager Stuart Bach stated that it would not happen again because he does not operate
this way.
Alderman Smith stated that if the staff feels we have our money's worth then he
would go ahead and approve the amount of $7,950 as the negotiated fee for the extra
work done, and let him eat the remainder.
Mayor Hill stated that he would like Mr. Nall to know that the Council is
very unhappy about this.
The motion to approve the resolution increasing the contract price from $33,407
to $41,357 failed by the following vote.
13
Item 9d, cont'd.
Ayes: Mayor Hill, Aldermen Russell and Smith
Nays: Aldermen Shearman, Hampton, Thomas, and Boston
RESOLUTION NO. 2763
RESOLUTION AUTHORIZING PAYMENT TO JOE M. NALL & ASSOCIATES, INC.
THE CONTRACT AMOUNT FOR PROVIDING CONSULTING SERVICES ON THE PLANT
ASSETS, PLANT ENGINEERING, ACCOUNTING AND DEPRECIATION SCHEDULES FOR
CITY'S WATER SYSTEM.
WHEREAS, by Resolution No. 2593, the Board of Aldermen of Wichita Falls
approved a contract with Joe M. Nall & Associates, Inc. for consulting services
on the plant assets, plant engineering, accounting and depreciation schedules
for the City's water system, which resolution stated that such contract shall
not exceed the sum of $33,407; and,
WHEREAS, the contract dated July 18, 1980, between the City and Joe M. Nall
& Associates, Inc. provided that the limit of $33,407 will not be exceeded without
prior authorization from the City in the form of a signed amendment of extension
of the work order, and there has been no signed amendment; and,
WHEREAS, the work has been completed by the consultant.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to pay to Joe M. Nall & Associates,
Inc., the contract sum of $33,407 for the services performed under this contract.
Moved by Alderman Hampton that Resolution No. 2763 be passed, approving
the contracted amount of $33,407.
Motion seconded by Alderman Thomas, and carried by the following vote.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Smith, Thomas, and Boston
Nays: Alderman Russell
Item 10a
Authority was granted to advertise for bids for water distribution improvements.
This project is part of the 1980 bond fund improvements.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Vltem lOb
Authority was granted to advertise for bids for construction of two softball
fields at Jaycee Park (lighting and fencing).
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
✓Item 10c
Authority was granted to advertise for bids for construction to expand the
general aviation apron area, and to reconstruct and widen Armstrong Drive at
Municipal Airport.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 11
Minutes of the meetings of the following boards and commissions were received.
14
Item 11, cont'd.
a. Planning Board--March 11, 1981
b. Centennial Commission--March 9 and 13, 1981
c. Traffic Safety Council--March 4, 1981
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 12
A public hearing on hazardous structures was scheduled for April 21, 1981.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None —�
4 Item 13a
A public hearing was opened on the preliminary 1981-82 community development
block grant application.
Tommy Robinson, 708 Jalonic, represented the Kemp-Sunnyside Service Center.
Mr. Robinson noted that he had previously submitted certain items, but had received
no response. City Manager Stuart Bach noted that improvements to the service center
were included.
Mr. Robinson read a list of desired improvements, including the following: street
lighting, service center, hand rails, trees, roof repairs, pave or gravel alleys,
unpaved streets, traffic signal or four-way stop at Rosewood and Walnut intersection,
shelters at bus stops for school children (this is a responsibility of the schools),
drainage on Dallas Street, clean out gutters, widen bridge on East Fort Worth Street,
additional playground equipment at Jalonic Park, a child care center in their area,
Holliday Creek, recommended that contractors hire local people, condemned houses at
Jalonic and Kentucky, and dumping on vacant property.
Alderman Hampton stated that he would like to see a list of proposed expenditures
by area so that someone coming in could see what we are proposing to spend in a given
area. It might be more beneficial to all concerned.
J. C. Boyd, Jr. appeared as Executive Director of Midtown Now. He stated that
there is nothing in this year's program for them because they have not spent the
money previously granted. They support the present program.
The public hearing was closed.
Item 14a
A proposed ordinance was presented dealing with possession and/or consumption
of alcoholic beverages in Weeks Park picnic shelter.
Moved by Alderman Thomas that this item be tabled pending further investigation
by the city staff for possible additional recommendations.
Motion seconded by Alderman Shearman.
Alderman Smith questioned what he wanted to study? Alderman Thomas stated
that he sees no reason to prohibit this possession. The safeguards we have now
are sufficient to handle it.
Alderman Smith inquired if we have had any complaints at the Weeks Park
pavillion? Bill Hursh, Director of Parks and Recreation, stated that they had had
some minor complaints, but he did not know if it related to the use of alcohol. He
explained that they have already taken future reservations for the use of this shelter,
and some would be for the consumption of alcohol.
The motion was carried by the following vote.
15
Item 14a, cont'd.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
vItem 15a
A proposed resolution was presented adopting a rate schedule for sales in
public parks.
RESOLUTION NO. 2764
RESOLUTION AMENDING RESOLUTION NO. 2509, WHICH ADOPTED RATE SCHEDULE
FOR SALES IN PUBLIC PARKS, TO ESTABLISH THE PERCENTAGE RECEIVED BY
THE CITY FOR SALES OF FOOD AND SOFT DRINKS AT 16% OF GROSS SALES.
WHEREAS, Resolution No. 2509 adopted a rate schedule for sales in public
parks, to be used when the prohibition against such sales is waived by the Board
of Aldermen; and,
WHEREAS, such schedule provided that, on the sale of food and soft drinks,
the City would receive the average of current percentage paid by ballfield
concessionaires, and it is desired to change this percentage to 16% of gross sales.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Resolution No. 2509 is hereby amended so that the first Paragraph 2 in the
rate schedule attached to said resolution shall read as follows:
"2. Food and soft drinks--16% of gross sales. These sales are allowed
only in parks that are not under contract with concessionaires at the time the
waiver is made."
Moved by Alderman Thomas that Resolution No. 2764 be passed.
Motion seconded by Alderman Russell, and carried by the following vote.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 15b
RESOLUTION NO. 2765
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN
APPLICATION AND EXECUTE CONTRACTUAL AGREEMENTS AND OTHER DOCUMENTATION
REQUIRED TO EFFECTUATE THE CONTRACT WITH THE DEPARTMENT OF TRANSPORTATION,
UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION
ACT OF 1964, AS AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make grants for
mass transportation projects; and
WHEREAS, the contract for financial assistance will impose certain obligations
upon the applicant, including the provision by it of the local share of project
costs; and
WHEREAS, it is required by the U.S. Department of Transportation in accord
with the provisions of Title VI of the Civil Rights Act of 1964, that in connection
with the filing of an application for assistance under the Urban Mass Transportation
Act of 1964, as Amended, the applicant give an assurance that it will comply with
Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
16
Item 15b, cont'd.
SECTION 1. The City Manager is authorized to execute and file an application
and execute contractual agreements on behalf of the City of Wichita Falls with the
U.S. Department of Transportation, to aid in the financing of Section 8 Technical
Studies Grant, Federal Catalog Number 20.505.
SECTION 2. The City Manager is authorized to execute and file with such
application an assurance or any other document required by the U.S. Department of
Transportation effectuating the purpose of Title VI of the Civil Rights Act of
1964.
SECTION 3. The City Manager is authorized to furnish such additional information
as the U.S. Department of Transportation may require in connection with the applica-
tion or the project.
Moved by Alderman Thomas that Resolution No. 2765 be passed. —�
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 15c
A proposed resolution was presented authorizing the City Manager to execute
a contract for installation of water and sewer lines in Lakeshore Drive.
RESOLUTION NO. 2766
RESOLUTION AWARDING CONTRACT TO OPEX, INC. FOR INSTALLATION OF WATER
DISTRIBUTION AND SANITARY SEWER LINES IN LAKESHORE DRIVE.
WHEREAS, three bids were received and it is found that Opex, Inc. of Olney,
Texas, whose bid is $138,852.50, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Opex, Inc. in the amount of $138,852.50 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.
Moved by Alderman Thomas that Resolution No. 2766 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
Item 15d
A proposed resolution was presented authorizing a contract with Joe M. Nall
for a water and sewer rate study. The Council was assured by the City Manager that
the same situation would not again occur, as was discussed earlier. Paragraph 4
of the contract provides for this.
,/ RESOLUTION NO. 2767
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOE
M. NALL 8 ASSOCIATES, INC. TO PROVIDE A WATER AND SEWER RATE STUDY AND
RELATED FISCAL PLANNING ACTIVITIES-PHASE II, JMN JOB NO. 09-80-WC, CITY
OF WICHITA FALLS, TEXAS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
17
Item 15d, cont'd.
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and Joe M. Nall & Associates, Inc., wherein Joe M. Nall &
Associates, Inc., agrees to provide assistance in setting fair and equable rates
for water and sewer services within the City and to provide a developed, computerized
fiscal planning program to be used to forecast future funding requirements and rate
adjustments is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls. Such contract shall not exceed the sum of
$33,300.
Moved by Alderman Hampton that Resolution No. 2767 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, and Boston
Nays: Alderman Thomas
Item 16a
A proposed resolution was presented approving a change order to the 1980
Community Development paving program.
RESOLUTION NO. 2768
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE 1980 COMMUNITY
DEVELOPMENT PAVING PROGRAM.
WHEREAS, the City of Wichita Falls and Timmins and Anderson Corporation,
as contractor, entered into a contract dated May 6, 1980, for the construction
of the 1980 Community Development Paving Program; and,
WHEREAS, Change Order No. 1 in the amount of $93,609.41 will increase the
estimated contract price to a final value of $1,215,714.61.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Change Order No. 1 to the contract dated May 6, 1980, with Timmins and
Anderson Corporation, a copy of which change order no. 1 is attached hereto,
is hereby approved and the City Manager is authorized to execute the same for
the City of Wichita Falls.
City Manager Stuart Bach explained that the change order included a parking
lot and the mini park behind the Radio Building.
Mike Lovely, Parks Department, presented plans for the paving to be done in
the mini park.
Johnny Watson, 3903 Lake Park Drive, asked if the centralized bus stop at
Ninth and Indiana could tie in with this? City Manager Stuart Bach stated that
the bus stop will be moved to the corner of the Activities Center. Mr. Watson
stated that he would like the advertising to be removed from the buses. Mr.
Bach stated that they plan to eliminate it when the contract is up. Mr. Watson
also noted that the buses are filthy.
Alderman Russell asked about plans for surface material in this area, and
how it would relate to the historical district? The City Manager stated that
from Ninth Street North it will take on the historical flavor. The mini park
will be like the Activities Center.
Moved by Alderman Hampton that Resolution Number 2768 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill, Aldermen Shearman, Hampton, Russell, Smith, Thomas, and
Boston
Nays: None
18
Item l7a
The City Manager noted that on April 15 at 7:00, the Certification session
for the Clean Community will be held in the Council Chambers.
Mayor Hill requested the City Attorney to look into a problem of a cable
television easement across certain property.
An executive session will be held immediately following this meeting to
discuss possible litigation.
The Board of Aldermen adjourned at at 11:00 A.M.
PASSED AND APPROVED this p{�9c-day of , 1981. _J
MAYOR
ATTEST:
CITY CLERK
�J'
/co. 27..c/
4/-
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WICHITA
LEASE AGREEMENT
This lease made and entered into this day
of February, 1981, by and between Wichita Falls Independent
School District, acting by and through the President of
the Board of Trustees, thereunto duly authorized, herein-
after called LESSOR, and the City of Wichita Falls, a Texas
municipal corporation, acting by and through its City
Manager, thereunto duly authorized, hereinafter called
LESSEE,
WITNESSET H:
The Lessor does hereby lease, let and demise unto
Lessee the following described premises, to-wit:
A tract of land out of a 9.8 acre tract
leased from Wichita County to the Wichita
Falls Independent School District as recor-
ded in Volume 720, Page 179, of the Wichita
County Deed Records, said tract also being
out of Block Eight (8) , Cherokee County
School Lands, Wichita County, Texas, and
being more specifically described by metes
and bounds as follows:
BEGINNING at the Northwest corner of said
9.8 acre tract, said point also being the
intersection of the South line of Thirtieth
Street and the West line of Scott-Armory
Road; THENCE South, 1089.2 feet to an iron
rod for the Southwest corner of said 9.8
acre tract; THENCE East 392 feet to a fence
corner for the Southeast corner of said
9.8 acre tract and place of BEGINNING of
this description;
THENCE North, 105 feet to an iron rod;
THENCE West, 102 feet to an iron rod;
THENCE South, 105 feet to an iron rod;
THENCE East, 102 feet to the place of
beginning and containing 0.7 acres of
land, more or less,
to be used by the Lessee for the purpose of building thereon
a building and thereafter using and occupying such tract and
building as a center for administering governmental and
other bona fide programs for the relief, betterment, advance-
ment, and improvement of the community poor, and for no other
purposes, to be held by the Lessee for the unexpired term
of the base lease on said premises which is leased by
Wichita Falls Independent School District from Wichita
County, which term expires June 10, 2056. In consideration
of TEN AND NO/100 DOLLARS ($10. 00) cash in hand paid, the
full receipt of which is hereby acknowledged, and in further
consideration of the use of the premises for the charitable
purposes herein expressed by Lessee:
IT IS HEREBY MUTUALLY COVENANTED AND AGREED BETWEEN
THE LESSOR AND LESSEE, AS FOLLOWS:
First: The Lessor grants permission to the Lessee
to build and operate a building on the above described tract
of land and further agrees to allow occupancy of the premises
by Lessee for so long as such premises are operated in accor-
dance with the purposes of this lease, to-wit: As a center
for administering governmental and other bona fide programs
for the relief, betterment, advancement, and improvement of
the community poor, and for no other purposes, to be held
by the Lessee, but if the Lessee ever ceases to use or occupy
the premises for such purpose, this property shall revert
to the Wichita Falls Independent School District.
Second: Lessee agrees that in the operation and
conduct of occupancy of such premises the Lessee shall comply
with all laws, ordinances and lawful orders and regulations
affecting the premises herein leased.
Third: The parties hereto mutually agree that
consent to the sublease of the above described portion of
the Bonham School grounds will be obtained from the orig-
inal Lessor, Wichita County, and that such consent will
be evidenced by a resolution of the Commissioner's Court
of Wichita County which shall be spread upon the records
of the Commissioner's Court.
Fourth: This sublease shall likewise not be
assignable without the express prior written approval of
the Board of Trustees of the Wichita Falls Independent
School District.
-2-
TO HAVE AND TO HOLD the above described premises
unto the Lessee, its successors and assigns according to
the terms of this Lease Agreement, for and during the full
term of such Lease.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed the day and year first above
written.
THE CITY OF WICHITA FALLS, WICHITA FALLS INDEPENDENT
A Texas Municipal Corporation SCHOOL DISTRICT
By: By:
City Manager President,
Board of Trustees
LESSEE LESSOR
Consent is hereby granted to Wichita Falls Inde-
pendent School District to assign in part the base lease
covering the tract of land hereinabove described, as
evidenced by Order of the Commissioner's Court entered on
the day of February, 1981.
County Judge
-3-
THE STATE OF TEXAS )
COUNTY OF WICHITA
BEFORE ME, the undersigned, a Notary Public, in
and for said county and state, personally appeared
, known to me to be the City Manager of the City
of Wichita Falls, a Texas municipal corporation, who
acknowledged to me that he executed the foregoing instrument
as the act of such corporation, and he executed the fore-
going instrument for the purposes and considerations
therein expressed.
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary
Public in and for Wichita County, Texas, this day
of February, 1981.
Notary Public in and for
Wichita County, Texas.
My Commission Expires
THE STATE OF TEXAS )
COUNTY OF WICHITA
BEFORE ME, the undersigned, a Notary Public, in
and for said county and state, personally appeared DONALD
H. WILLS, known to me to be President of the Board of Trustees
of the Wichita Falls Independent School District, who
acknowledged to me that he executed the foregoing instrument
for the purposes and considerations therein expressed.
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public
in and for Wichita County, Texas, this day of February,
1981.
Notary Public in and for
Wichita County, Texas.
My Commission Expires
-4-
Cf7Ca Ulm %r���� v
LEASE OF PREMISES
AT WICHITA FALLS MIUNICIPAL AIRPORT
TO BURLINGTON NORTHERN AIR FREIGHT
This agreement made and entered into this the 1st day
of Feb.nuary, 1981 by and between the City of Wichita Falls,
Texas, hereinafter called"City; and Burlington Northern Air
Inc.
Freight hereinafter called "Burlington"-
WITNESSETH:
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows:
1. City does hereby demise and let unto Burlington,
and Burlington does hereby hire and take from City, on a
month to month basis, an area of approximately 400 square
feet within the Freight Building at the Municipal Airport
located at Sheppard Air Force Base at Wichita Falls, Texas;
such 400 square feet is shown on Exhibit A attached hereto.
This is the same space formerly leased to Metroflight, Inc.
2. Burlington shall be authorized to provide a fenced
area within its authorized space; however, Burlington under-
stands and agrees that vehicular and pedestrian access will
be provided to other users of such Freight Building. Plans
and specifications for such fencing as Burlington shall
desire to erect shall be subject to the approval of the
Airport Manager, which approval shall not be unreasonably
withheld.
3. Burlington will be entitled to use the outside
cargo loading dock at such Freight Building, in common with
other tenants of the Freight Building.
4. Burlington's employees will be entitled to use such
vehicular parking space as is provided for employees subject
to the rules and regulations as are applicable to parking at
the airport. A reasonable charge may be made for the use of
such parking space.
5. Burlington will be entitled to install and operate
an advertising sign on the airport premises; the location and
•
the general type and design of such sign shall be subject to
the approval of the City's Airport Manager. •
6. Burlington's employees and customers shall have the
full, free and unrestricted access and ingress to and egress
from the premises herein leased.
7. Burlington operates an airfreight transportation system;
the premises herein leased are to be used in connection with
such system. Freight will be delivered to and from the leased
premises by motor vehicles, will be loaded and unloaded, and
will be kept temporarily in the leased area within the Freight
Building.
8. This lease does not have a fixed term, but shall be
on a month to month basis, and may be terminated by either
party at the end of any month, on thirty days notice.
9. Burlington will pay City a monthly rental of $143.33
per month (which is based on a rate of $4.30 per square foot
per annum on 400 square feet) . Such rental shall be paid
monthly by the end, of each month; all rental payments which
are not paid by the end of the month shall bear a service
charge of 1 1/2 per cent per month, and Burlington shall
pay and discharge all costs and expenses, including attorney' s
fees, incurred or expended by City in collection of any
delinquent amounts due.
10. It is expressly understood that City will provide
and supply adequate heat, lights and electricity within such
Freight Building.
11. Burlington agrees to observe and obey and to require
all its employees to observe and obey all reasonable rules
and regulations which may from time to time be promulgated
and enforced by City for the conduct and operation of the
airport.
12. Burlington shall indemnify and hold City harmless
from and against all liability for injuries to persons or
damage to property caused by Burlington' s negligent use or
occupancy of the leased premises.
-2-
13. It is understood that the land on which the Wichita
Falls Municipal Airport is located is owned by the United
States of America, and is leased to the City of Wichita Falls
by the United States; this lease is subject to the terms of
such lease from the United States of America.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first above
set out.
CITY OF WICHITA FALLS
ua t A. Bach
-Li y Manager
ATTEST:
(,isll/ ..,7<
�C t F//c.l .'-
City Cl rk
BURLINGTON NORTHERN AIR FREIGHT INC.
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BY: _7 i!; .0"-„___
George B. Ryan, President
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EXHIBIT A
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(21'l�o - 2-1/
GOLF RULES
1. Mr. Joe Collins, Golf Professional , is responsible for rule
interpretation and enforcement , and the operation and maintenance
of the entire Weeks Park Golf Course .
2. Each player must register in the Pro Shop before play begins .
3. Each player must have a bag of clubs and possess a dated green
fee receipt or an annual permit while playing.
4. Golf, tennis , or street shoes only.
5 . Players must wear a shirt at all times .
6 . Golf Pro is responsible for orderly flow of play.
7 . Practice is prohibited from tees , fairways , and traps on regular
greens.
8. Damage to greens or golf course, intentionally or in a fit of
anger, is punishable by fine.
9 . Do not throw bottles, cans , or trash on golf course - please use
receptacles .
10. The first round of play will not begin on No . 10 tee without
permission from Starter or Pro.
11 . Golf Pro will control play at all times , including number of
players per group .
12 . Snack bar will close when Pro Shop is closed each day .
13 . All green fees will be set by the Wichita Falls City Council .
14. Tee reservations may be made no more than one week prior to play.
Reservation fee will be paid when time is reserved - no phone calls
accepted.
15 . During inclement weather , Golf Pro will determine if course is
playable.
* 16. All tournaments must be approved annually and formally requested
at least thirty days prior to tournament by letter to the Director of
Parks and Recreation. Request must include number of players and
tee times . Alternate tee time will be available to public .
Revision : All tournaments must be approved annually and formally
requested at least thirty days prior to tournament by letter to the
Director of Parks and Recreation. Request must include number of
players and tee times . A rental contract will be signed in the Parks
and Recreation Office prior to the tournament . Alternate tee time
will be available to public.
* 17 . Tournament players shall pay $1. 00 per person per day green
fee for each tournament ; tournaments held on a holiday shall pay the
weekday green fee per person per day . (The only exception to the
tournament fee shall be the T.O. Junior Tournament which is exempted
from charge . )
Revision : The following tournaments shall pay one-half the green
fee that is charged for that day: Men' s Texas-Oklahoma, Men' s
Partnership , Ladies Club Championship , and Ladies Invitational.
(The only exception to the tournament fee shall be the T . O. Junior
Tournament which is exempted from charge. )
* 18 . The City of Wichita Falls shall receive 10% from all food and
drink concessions (at retail prices) sold during a tournament . No
food or drinks shall be served free of charge to players except to
the entrants of the Texas-Oklahoma Junior Tournament .
Revision : All food and drink must be sold by the pro during a tourna-
ment . No food or drink shall be served free of charge to players
except to the entrants of the T. O. Junior Tournament .
19 . Any person violating a rule of the course may be subject to
removal from the premises .
-•'vnr:`:i?: '.,1�`k`.'�pT.�;G�� ..?i:s3>.SrR a�:.�:A:��^...a� J r �w.�- E< 3. I .+t',y�p' �. Y:.
,,. C �� c`�:��:i"ax.,., •iC:kS:'_.ySht �F.., >:?s�+�-,�€•t =F. ,?z�;•rK4�.,l.r,+; ..s�..a l.^ ti y.it".tt'r� ..�,n;a.:vc. '�'':
torn 17Y
Rev 1/77
PIPE LINE LICENSE "
THIS AGREEMENT No made this 1st day of April , 19 81
between the 'MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
CITY OF WICHITA FALLS. TEXAS
hereinafter called"Licensee".
WITNESSETH:
ARTICLE I.
1. Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this
term. In the event the amount of renegotiated rental is not agreed to in writing by both
parties, prior to the expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of FOUR HUNDRED NINETY-FIVE AND NO/100
($ 495.00 ) DOLLARS
receipt of which is hereby acknowledged,and of the covenants of Licensee as hereinafter set forth,Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method,
one pipe lines(s) encased in a carrier pipe not exceeding four ( 4 ") inches in diameter, to be
used for carrying water across or
along Licensor's property at or near Wichita Falls in the County of Wichita and State
of Texas For convenience, the said pipe line is hereinafter referred to as"Crossing". The location of said
Crossing is more particularly described as follows:
Said four (4") inch water pipe line crosses
said Railroad Company's premises at an angle
of 90 degrees, more or less, measured from
the centerline of I.C.C. Track No. 102, the
same being said Railroad Company's abandoned
Henrietta Subdivision main track at abandoned
main track Mile Post G-788.27, and being said
I.C.C. Track valuation chaining station 6980+50,
distant 1082 feet, more or less, measured South-
easterly along the centerline of said I.C.C.
track from the South end of Bridge No. G-788.5,
being said I.C.C. Track No. 102 valuation
chaining station 6991+39. Said pipe line is
not within the limits of a public crossing.
Page 2 of 5 Pages
Agenda Item No.
•
ARTICLE II.
Licensee undertakes and agrees:
I. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee,and in a manner and with
material satisfactory to Licensor's Chief Engineer,with its top at least five and one-half(5�/2)feet beneath the base of the rail under
the track,and at least three(3)feet below the surface of the ground elsewhere,so it will not interfere with the safe operation of said
railroad or cause damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad
track, and for at least twenty-five (25) feet on each side of the center line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor,so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability: Licensor shall not be liable for any damage to said crossing or the
contents thereof, however such damage shall be caused, whether by the negligence of Licen-
sor, its agents, servants, or employees, except when caused by the willful acts of Licensor;
its agents, servants, or employees.
Licensor and Licensee each agree to be responsible for their respective acts of
negligence causing injury to or death of persons whomsoever or damage to property whose-
soever which result from or are incident to the construction, maintenance, use, operation
or existence of said crossing on Licensor's premises, or the removal thereof from said
premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided. It is further agreed that if any claim or liability
shall arise from the joint or concurring negligence of both parties hereto, it shall be
borne by them equally. It is understood that it is not the intention of the parties hereto
to create liability for the benefit of third parties, but that this agreement shall be for
the benefit of the parties hereto.
Licensee shall not have or make against Licensor any claim or demand for or on
account of any damage Licensee may suffer or sustain because of any failure of Licensor's
title to the right of way and lands occupied by said crossing or any part thereof.
4. Waiver: To waive all right to question the validity of this License or any of the
terms or provisions hereof, or the right or power of Licensor to execute and enforce the sar
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
1.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner,and in a
condition satisfactory to Licensor.Licensor may request Licensee to change the location of the Crossing,or any part thereof,or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
or operation of Licensor's railroad,or any of its present or future appurtenances,or telegraph,telephone,signal or other lines on
Licensor's right of way,and in the event it is found necessary for Licensor to use its entire right of way,or any portion of it occupied
by the Crossing,Licensee shall at its sole expense,and within thirty(30)days after notice so to do,(or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs,or to relocate said Crossing,then Licensor may cause such condition to be made safe,or change of location
to be made,or repairs to be made,or Crossing to be removed from Licensor's property,Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools;or
Licensor may terminate this License by giving to Licensee not less than ten(10)days'advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten(10)days'written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor,and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities,if any,of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of
Article 1,or Paragraph 2 or 4 of Article III,or otherwise,Licensee shall promptly remove said Crossing from Licensor's right of
way,and restore said right of way to its prior condition,or to a condition satisfactory to Licensor.if Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the
expense therefor to the Licensee on the basis provided in Paragraph 1(b) of Article III.
Page 3 of 5 Pages
_2_ Agenda Item No.
•
4. Miscellaneous:(a)This License and all of the provisions herein contained shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any
name changes.Licensee agrees not to assign this License or any interest therein,without the consent of Licensor in writing,and any
and eN,ery such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental,ifany,herein specified and
for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
(b) In the event rent is paid annually,Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty(30)days'written notice.Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid,addressed to Licensee at his last
known place of business.
(e)No oral promises,oral agreements,or oral warranties shall be deemed a part of this License,nor shall any alteration,
amendment,supplement,or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By
Vice-President
CITY OF WICHITA FALLS, TEXAS
By
Title City Manager
Address: P.O. Box 1431
Wichita Falls, Texas 76307
Page 4 of 5 Pages
File: T-18142 -3- Agenda Item No.
LfiCifte.„. ./.11 ;4141 e c C✓
/L, g74 7 y- /- 1/
STATE OF TEXAS
COUNTY OF WICHITA
This contract made and entered into this the 7th day
of April, 1981, by and between the City of Wichita Falls, Texas,
hereinafter called "City", and Joe M. Nall & Associates, Inc.,
: hereinafter called "Nall",
WITNESSETH:
Whereas, Nall has made a proposal to City for a water
and sewer rate study and related fiscal planning activities
• - Phase II, JMN Job No. 09-80-WC, and City has accepted this
•
proposal.
Now, therefore, for and in consideration of the mutual
covenants therein contained, the parties hereto do hereby
contract to the terms of such proposal, and that they will
perform the covenants and agreements set out in such proposal,
a copy of which is attached hereto and incorporated herein by
reference.
It is further agreed that the total consideration to be
paid by City to Nall under this contract shall not exceed the
sum of $33,300, unless a greater amount is agreed to by City
• in writing.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed as of the day and year set out above•
%' ��� ' ;:',;;. :.r.'r::"_[:F::Sj'_=e:•.�,�;c,`_2.' THE CITY OF WICHITA FALLS, TEXAS
BY:
ti•a '• x4�'•s�%.0 Stuart A. Bach,
3r.� c�?l aa.:sY_ K:•x, •- City Manager
ATTEST:
City Clerk
Joe M. Nall & Associates, Inc.
BY:
President
ATTEST:
Secretary
LC-!mil G�v�G t/JLv�u�G! )
&) e21 y— zr/
PROPOSED PROGRAM FOR
WATER AND SEWER RATE STUDY
AND RELATED FISCAL PLANNING
ACTIVITIES - PHASE II
JMN JOB NO. 09-80-WC
CITY OF WICHITA FALLS, TEXAS
March 24, 1981
JOE M. NALL & ASSOCIATES, INC.
Consulting Engineers and Utility Rate Analyst
2920 Lennon Avenue East
-Dallas, Texas 75204
AC 214/522-1121
CONTENTS
Page
Purpose of Study and Results 1
Flow Diagram 2
Cost of Furnishing Water and Sewer Services 3
Approach to Rate Analysis 3-5
Participation of Cities 6
Computer Programs 6
Study Cost 7
Work Schedule 8
Suggested Work Schedule 9
Experience of Joe M. Nall and Associates and Client References 8,10
Experience of Personnel 10
Estimate of Consultants Cost 11
Purpose of Study and Results
The purpose of the study is to determine the cost of furnishing treated
water and sanitary sewer services to the various customers of the City based on
a test period of 1981. Any required support of the results of the study in in-
formal or formal proceedings before the City of Wichita Falls, Texas, will be
provided.
The study will result in the determination of
(1) Whether water and sewer rate adjustments will be required during 1981,
and, if so, furnishing the suggested rate schedules necessary to ac-
complish the change,
(2) Whether other services provided require adjustments in their charges
as currently applied, and
(3) Whether water and sewer rate adjustments are necessary to meet the
cost of service for the projected year 1982, and, if so, the suggested
rates that have been block analyzed to document the revenue to be
produced by each customer class.
This proposal is based on City approaching the work in a manner which will
result in expanding City expertise. The Flow Diagram on the following page gen-
erally describes the work necessary to carry out the study. City personnel would
do some of the work in the data collection phase, would participate in the evalua-
tion phase, would provide clerical assistance, and would do most of the writing
for the training manual on Fiscal planning procedure.
Because a member of the consultant's staff has already developed a com-
puterized fiscal planning program for a large city's water and sewer utility,
the consultant anticipates making the program adaptable to the need of the City
of Wichita Falls, Texas, in this assignment.
•
1
JOE M. NALL & ASSOCIATES, INC.
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Cost of Furnishing Water and Sewer Services
A minimum level for determining Lharge:, is d must undertaking for the City
in their rate fixing duty. The City normally would use any reasonable basis for
fixing rates as may be determined by the council to be appropriate under the cir-
cumstances provided, however, the rate fixed in the charge for furnishing water
and sewerage treatment must not produce revenues that are less than the amount
required to meet the operating expenses and bond coverage requirements of the out-
standing debt.
Revenue requirements of the Water and Sewer Utilities Fund must be adequate
to meet the operating needs of the department, including those regularly recurring
capital outlays, must provide funds for retirement of existing debt, and provide
coverage in earnings adequate to support the issuance of future revenue bonds.
The study proposed here is consistent with this purpose.
•
Approach to Rate Analysis
Joe M. Nall and Associates, Inc. approaches a water and sewer rate analysis
as an engineering and accounting study and has developed a number of useful tech-
niques. Our data management staff supports the study's activities and expedites
the analysis of a large amount of data concerning plant investment, revenues , ex-
penses, capital costs and rate ,.t.ruct.ure'..
The combined water/sewer utility property, operation, engineering, customer
accounting, and other records are basic sources from which the data utilized in
our cost of service study is extracted. The costs that are distributed to the
various service classes will be the costs used in determining the utility's
overall earnings position. Such cost will be adjusted to present normal operat-
ing conditions as accurately as possible.
3
Any abnormalities will be distributed to the various classes of service
in the proper proportions. It should be recognized that our results are not
absolute, but indicate the relative earnings position of the different rate
classes. The costs that we distribute to the various classes of service will
be directly related to the utility's overall earnings position rather than un-
adjusted costs.
We first arrange facilities costs according to functions (production,
treatment, .transmission and distribution) for our convenient handling of the
data. Then, we divide costs within the function to recognize non-utilization
of certain plant within the function by one or more customer groups. General
and administrative costs are related to specific groups of costs and then al-
located as the other costs within the function. Operating expense, maintenance
expense, and carrying costs are spread among the functions.
Then, we must determine the demands of the various rate classes and their
interrelationship with the utility's total system demand. Time restraints will
dictate that our approach be that of estimating the demands based on volume of
use by rate class. In our derivation we anticipate using estimated load factors
obtained in previous load study estimates from Wichita Falls.
Informed judgements are essential when determining the City's financial
need objective for water and sewer operations. The City's knowledge and data
input is essential to our conducting a cnmprr,hc'n', ivp .,Ludy of service rates,
and this proposal contemplates doing so.
One important objective of this project is to determine the water utilities
department's present fiscal status. The ability of the department to meet its
near term financial obligations will be determined. If the present service
rates produce an adequate cash flow now, then how long will they do so? If an
adjustment must be made to rates, the date that new rates must become effective
must be set.
4
Meeting obligations as they mature is not the only objective of this
study or .any cost of service project. To be truly successful , the study must
include a financial plan covering several years. The Cities will need to be
able to judge the effect that changes to its financial plans can have upon the
department's fiscal status. Therefore, a plan involving income, expenses, capi-
tal outlay, bond issues and rate adjustments is needed. Such plans can be made
manually, and the first one probably will be manual . But with all the varia-
tions that can arise - changes in interest rates, inflation, capital plans and
many others - a computer program will be most useful , if not essential . We
believe that City personnel should know how to use the program and interpret
the results.
Besides being useful in the management of the department's cash flows, the
financial plan can aid in projecting debt service coverage. It is possible for
the department to have adequate cash to meet all obligations, including debt
service, and still be in the position of needing a rate adjustment because
bond indenture requirements for coverage are not being met. Good financial
planning can forecast such an event in time for actions which will lessen its
effects to be taken.
Another important objective of this project will be to devise sewer rates
which will meet the user charges requirements of P.L. 92-500. The City, in
accepting federal grants through the Environmental Protection Agency (E.P.A. )
is bound to set user charges that will recover at least operating and mainten-
ance expenses (including replacements) from users in proportion to the volume
and strength of wastewater each discharges into the wastewater system which has
been financed through the grants.
Participation of City
City employees will be used along with the consultant as a steering
committee on the project. Their first duty will be to add details to the work
plan by making assignments and setting time goals for completing the assign-
ments and to designate times for committee reviews.
The committee will meet for reviews at the designated times to discuss
the progress to date, adjust schedules, assign additional persons to tasks if
needed. These meetings are intended to help all members to understand the
overall progress and direction of the project.
Committee members from the City may expect to have considerable impact
on the objectives of this study. Because they will live with the decisions
(which is City policy, not those of the consultant) , they will want to have
their viewpoints heard and considered. Making these decisions, such as whether
tax or revenue bonds will be used to finance construction, the level of cover-
age to be maintained, cash balances desired and others will assist the City's
members in maintaining and understanding the planning system which will be
left with them as one of the products of this study.
Computer Programs
Computer programs of the consultant are expected to be used for actuarial
analyses, for documenting the revenue produced by customer class from recom-
mended rates, and for fiscal planning. The programs would be run either on
city computer equipment or on a service bureau in!,tallation. The five year
fiscal planning computer program can be adapted to the City's need and turned
over for future use.
Study Cost
Joe M. Nall and Associates, Inc. normally operates on an open order basis
work of the type outlined in this proposal . Bills are rendered monthly and
would cover per diem fees and reimbursement of out-of- pocket expenses.
At the present time, the standard per diem rates for the classifications
of personnel (engineer, accountant, data manager and secretarial ) who might be
utilized for this work range from $100 to $400 per eight hour day. The average
daily per diem rates would be approximately $333 per day. Per diem fees are
calculated from hourly rates and time worked.
In addition to the standard monthly billing for personnel involved, Joe M.
Nall and Associates, Inc. would be reimbursed, at cost, for all out-of-pocket
expenses. These expenses would include telephone, travel and living expenses
while away from home base, postage, reproduction and report production costs.
Computer costs are billed at a multiple of those incurred in order to compen-
sate Joe M. Nall and Asslciates, Inc. for the costs of developing, modifying
and maintaining programs.
The approximate number of man-days of Joe M. Nall and Associates, Inc.
time recognizes an expected level of participation by City personnel . The
amount of Joe M. Nall and Associates, Inc. time required would increase with
less extensive participation. Most of the work would he done in the City by
a consultant working out of our Dallas office, resulting in out-of-pocket ex-
penses of approximately 25% of the per diem fees.
The work would be under the City's control at all times and could be ex-
tended, modified, or terminated at the City's discretion, subject only to pay-
for services rendered to date. Any benefit from completing the study with less
input of Joe M. Nall and Associates, Inc. time will accrue to the City,
1
Work Schedule
The work schedule on the following page briefly defines the scope of work
and outlines the participation of Joe M. Nall and Associates, Inc. Consultants
and the City personnel during the study period. If the City dedicate per-
sonnel to work on April 1, 1981 , the preliminary report will be ready for owner
evaluation by July 1 , 1981, and a final report by August 18, 1981 .
Much of the project planning and organization effort would be directed
toward identifying and evaluating the data bases for expense and investment
analyses, determining the analysis procedures to use for each plant function,
and identification of City' manpower requirements. The remaining work schedule
activities are either discussed elsewhere in this proposal or are considered
self-explanatory.
Experience of Joe M. Nall and Associates, Inc.
Joe M. Nall and Associates, Inc. has considerable experience in conducting
Utility Cost of Service Studies. When required, these studies have been sup-
ported in formal and informal proceedings before regulatory bodies.
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Listed below are several Municipal client, in Texas for which we have
done water and/or sewer rate studies in the last two years.
Dallas Customer Cities of:
Grand Prairie De Soto Lancaster
Carrollton Hutchins Cedar Hill
Customer Cities of:
Wichita Falls Terrell Coppell
The consultant's work in progress and previously performed for the City
of Wichita Falls, Texas, isevidence. of ability to perform this rate making
assignment.
Experience of Personnel
The organization of Joe M. Nall and Associates, Inc. is task oriented,
which permits the establishment of an individual working team for each project.
In this way the diversity and depth of their professional experience necessary
to carry out particular projects are available in response to the client's needs.
The specialized experience of individual consultants representing many years
of experience with utility operations is available from the permanent staff of
Joe M. Nall and Associates, Inc. For this water and sewer rate study, Joe M. Nall ,
President, will have the overall responsibility for the project and Philip E. Fox,
Senior Examiner, will serve as project director and will be available to provide
expert testimony, should such testimony be required.
xo
Estimate of Consultants Cost
Our proposal contemplates the City will participate with accounting,
operating, planning, and engineering personnel on a part-time basis during
the evaluation phase of the study.
The number of hours of professional time expected for the assignment is
shown as follows:
JOB DESCRIPTION HOURS MAN DAYS PERCENT
Supervision 64 8 10%
Examination 416 52 65
Engineering 80 10 12.5
Data Management 80 10 12.5
644 80 100%
The open order basis of work is our normal method of operation and the
City's permission with our justification would be needed when certain fee
amounts could be exceeded. If the open order basis is accepted, then the
minimum of our per diem fees (excluding the travel and other out-of-pocket
expenses) of $26,640 could be the fee amount that is not to be exceeded
without justification and City approval . The minimum cost for providing the
Cost of Service Study is approximately $33,300 at this time, or $1,800 greater
than the amount established in July of 1980 for this second Phase of our as-
signment.
11
�- 7f/
CONTRACT CHANGE ORDER ORDER NO . 1
DATE : April 7, 1981
CONTRACT FOR : 1980 C. D . Paving Program
OWNER : City of Wichita Falls
TO : Timmins & Anderson Corporation
Wichita Falls, Texas
You are hereby requested to comply with the following changes from
the contract plans and specifications :
DESCRIPTION OF CHANGE INCREASE
1 . Change in contract value due to
changes in quantities of bid items
{Third Street} $36,583. 41
2. Change in contract value due to
changes in quantities of bid item
and the addition of items {Mini
Park and Parking Lot at Tenth and
Ohio} $57,026 . 00
Old Contract Price $1 ,122,105 . 20
New Contract Price $1 ,215,714 .61
{See attached payment estimate}
JUSTIFICATION : To facilitate the paving of Third Street from Broad
to Bluff and to provide improvements to the Mini Park
and Parking Lot at Tenth and Ohio.
The amount of the contract will be increased by the sum of Ninety-three
Thousand, Six Hundred and Nine and 41/100 dollars $93,609. 41
Percent increase to the original contract = 8. 34%
This document will become a supplement to the contract and all provisions
will apply hereto.
Requested : {Owner}
{Date}
Accepted: {Contractor}
{Date}
Page of pages
Agenda Item No.
CONTRACT ESTIMATE
PROJECT: 1980 Community Development Paving Program
CONTRACTOR: Timmins & Anderson Corporation
CONTRACT DATE: May 6, 1980
WORKING DAYS: 120
CONTRACT AMOUNT: $1,122,105.20
ITEM UNIT OF PROJECT TOTAL CONTRACT
NO. ITEM MEASURE EST. QUANT. INCREASE QUANTITIES PRICE AMOUNT
1 Standard Curb & Gutter L.F. 24,260 2,122 26,382 5.40 142,462.
2 2^ Type "D" HMAC Surf
Course 4" Asph. Stabilized
Gravel Base S.Y. 33,000 1,903 34,903 15.87 553,910.
3 Standard Valley Gutter S.F. 4,560 4,600 9,160 4.25 38,930.
4 4" Concrete Sidewalk S.F. 4,600 400 5,000 3.00 15,000.
5 Standard Concrete Drive-
way Approach S.F. 4,300 -- 4,300 4.25 18,275.
6 2" Type "D" HMAC Surface
Overlay on 6" Sandstone S.Y. 16,450 -- 16,450 9.72 159,894.
7 2" Type "D" HMAC Surface
Overlay S.Y. 300 -- 300 4.00 1,200.
8 Reinforced Struct. Conc. C.Y. 82.8 44 126.8 475.00 60,230.
9 Remove and Replace Fence L.F. 140 -- 140 6.00 840.
10 2" Pipe Hand Rail L.F. 74 -- 74 15.00 1,110.
11 Excavation & Placing of
Borrow C.Y. 14,000 -- 14,000 3.68 51,520.
12 24" Reinforced Concrete
Pipe L.F. 210 -- 210 38.00 7,980.
13 30" Reinforced Concrete
Pipe L.F. 96 -- 96 42.00 4,032.
14 Rip Rap Concrete C.Y. 52 -- 52 200.00 10,400.
15 Unclassified Channel
Excavation C.Y. 130 -- 130 6.00 780.
16 2" Type "D" HMAC on
Limestone Base S.Y. 7,000 -- 7,000 7.80 54,600.
17 Monolothic Curb L.F. 1,320 -- 1,320 3.50 4,620.
18 5" Reinf. Concrete Pvt.
on 4" Sandstone S.Y. 2,460 -- 2,460 32.37 79,630.
ADDITIONAL ITEMS
19 4" Exposed Aggregate Walk S.F. -- 1,600 1,600 4.75 7,600.
20 Asphalt Removal S.Y. -- 600 600 4.00 2,400.
21 Concrete Curb Removal s L.F. -- 150 150 2.00 300.
TOTAL CONTRACT PLUS CHANGE ORDER NO. 1 $1,215,714.
Y, increase to Original Contract = 8.34%