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Min 02/03/197685 Wichita Falls, Texas Memorial Auditorium Building February 3, 1976 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 9:00 o'clock A.M. , with the following members present: J. C. Boyd, Jr. Mayor Hardy McAlister X Guillermo Garcia X Aldermen Bill E. Gowan X Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas Deputy City Clerk Joe N. Prothro Absent The invocation was given by Colonel Omer Powell, Sheppard Air Force Base Chaplain. Item 3 Moved by Alderman Garcia that minutes of the meeting held January 20, 1976, be approved. Motion seconded by Alderman Gowan, and carried unanimously. Item 4a The public hearing was opened on hazardous structures . 4 Alderman Morrison mentioned a letter which had been received from Progress Realty Company regarding the property at 1810 Burnett. Larry Lambert, Attorney, requested that this property be deleted from the ordinance at this time so that security measures could be taken. Moved by Alderman Morrison that this property be removed from the ordinance, and that the building inspector watch this property for compliance with security measures , and if necessary bring it back to the attention of the Council. Motion seconded by Alderman McAlister, and carried unanimously. Ray Barnes appeared concerning the property at 308 Austin. He requested that it also be removed from the ordinance, stating that it has been secured at this time. He desires to use it as rent property. Moved by Alderman Morrison that this property also be removed from the ordinance, and if the building inspector is not satisfied after inspection that he bring it back to the Council. Motion seconded by Alderman McAlister, and carried unanimously. The public hearing was closed. ORDINANCE NO. 3052 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderwoman McCullough that Ordinance No. 3052 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Item 5a Charles Harper, Chairman of the Planning Board, presented the RUDAT film to the Mayor on the Midtown 2000 Project. He also presented the January issue of the Texas Architect Magazine to each member of the Board of Aldermen. 86 Item 5a cont'd. Clarence W. Muehlberger, 1644 Hursh, appeared as Chairman of the Midtown 2000 Committee. He requested consideration of authorizing for employment within the Planning Department a central business development specialist to coordinate the efforts of the City, BCI, and the Midtown Corporation. He estimated a cost of $20,000 for<a.year for this specialist. Alderman Morrison requested the staff to prepare an appropriate resolution or ordinance to comply with this request, and consider it at the next meeting. Alderman McAlister also desired a tentative time frame of phasing out the City's portion of this individual. Tommy Robinson, 708 Jalonick, appeared for citizens in that area, requesting that the money which had previously been appropriated for the swimming pool at Jalonick Park be held so that they can present a definite plan for its use. They feel that amount of money belongs to the citizens in that area. W. 0. Everett also spoke in favor of this request. It was agreed that they would present a formal request to the staff, who in turn would make an analysis of it and report back to the Council. Items 6a & b Authority was requested to establish a reserve for revenues generated by reimbursement of general and administrative expenses from the IMIS Project. Moved by Alderman McAlister that the reserve be established in the amount of 82,968, subject to adjustment of the final audit. Motion seconded by Alderwoman McCullough, and carried unanimously. ORDINANCE NO. 3053 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3053 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None ORDINANCE NO. 3054 AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING TRUST FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Alderman McAlister that Ordinance No. 3054 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays: None Item 7c A lengthy discussion took place between members of the Board of Aldermen, Gary Southard, Perry Wesbrooks , Mr. Melton, and Bill Browning concerning wrecker services doing business with the City of Wichita Falls . It was felt that the basic question involved whether we want to get into this area of regulation. Alderwoman McCullough felt that it would perhaps be our responsibility to set standards of equipment and insurance, as we have with the Taxicab Company. Moved by Alderman Morrison that this matter be tabled until the first meeting in March, and readdressed at that time. Motion seconded by Alderman Garcia, and carried unanimously. 87 Item 7c, cont'd. Jack Jones, 1110 3rd, requested additional time to repair his hazardous structure. He stated that he is trying to get a loan for this purpose. Moved by Alderwoman McCullough that Mr. Jones be allowed 90 days instead of 30 to complete the repairs. Motion seconded by Alderman Garcia, and carried unanimously. Item 7a A proposed ordinance was presented changing the name of a cul-de-sac in Brentwood Estates Division from Brentwood Drive to Trenton Terrace. ORDINANCE NO. 3055 AN ORDINANCE CHANGING THE NAME OF A CUL-DE-SAC IN THE BRENTWOOD ESTATES ADDITION FROM BRENTWOOD DRIVE TO TRENTON TERRACE Moved by Alderman Morrison that Ordinance No. 3055 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Mayor Boyd, Aldermen Garcia, Gowan, and Morrison Nays : None (Aldermen McAlister and McCullough were out of the room) Item 7b A proposed ordinance was presented accepting the 1974 Street Reconstruction Program. ORDINANCE NO. 3056 ORDINANCE ACCEPTING IMPROVEMENTS OF THE 1974 RECONSTRUCTION ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2870; DECLARING THE CONTRACT WITH TIMMINS-ANDERSON CORPORATION, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVE- MENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Gowan that Ordinance No. 3056 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Mayor Boyd, Aldermen Garcia, Gowan, and Morrison Nays : None (Aldermen McAlister and McCullough were out of the room) Item 7d and e Proposed ordinances were presented amending the Code of Ordinances providing for Police and Fire Department personnel. Permission was requested to delete the position of Fire Training Officer and add an additional Battalion Chief. Alder- man McAlister feels that it is inconsistent that a person who cannot meet the requirements of a fire training officer could be made a fire training officer by making him a Battalion Chief. The City Manager stated that the Fire Chief has the flexibility to assign duties as he sees fit, and who has the ability to perform those duties. 88 Items 7d and e cont'd. ORDINANCE NO. 3057 ORDINANCE AMENDING SECTION 24-21 OF THE CODE OF ORDINANCES, INCREASING THE NUMBER OF POLICE OFFICERS BY EIGHT. Moved by Alderman Garcia that Ordinance No. 3057 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None ORDINANCE NO. 3058 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES, INCREASING THE NUMBER OF FIREFIGHTERS, DELETING FIRE TRAINING OFFICER AND ADDING ONE FIRE BATTALION CHIEF. Moved by Alderwoman McCullough that Ordinance No. 3058 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None The City Manager proposed that the Police and Fire Chiefs be placed in open salary classification, and that the Police Chief's salary be set at $18,600 annually (from $17,711) , and the Fire Chief's salary be set at $17,800 annually from $16,873) to reflect added responsibilities to be placed upon these offices. Alderman Gowan noted that ordinarily this is handled during budget process. He is not sure that the Police and Fire Chiefs will have increased duties personally. There may be other duties placed upon the department. The City Manager stated that he believes additional status and responsibilities have been created since the referendum election. Moved by Alderman McAlister that the salaries of the Police and Fire Chiefs be placed in the open salary category, but remain at the present levels till such time as they may or may not be adjusted in the next budget process. Motion seconded by Alderman Gowan. Alderman Garcia stated that the two chiefs have already been assigned new duties and responsibilities , and he believes this situation has created an emergency which they did not know about at the last budget. Moved by Alderwoman McCullough that the motion be amended to increase the salaries as recommended, and in the open salary classification. Motion seconded by Alderman Garcia, and failed by the following vote: Ayes : Mayor Boyd, Aldermen Garcia and McCullough Nays : Aldermen McAlister, Gowan, and Morrison The original motion was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Item 7f A proposed ordinance was presented changing the time of the regular meetings of the Board of Aldermen. ORDINANCE NO. 3059 ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF ORDINANCES TO CHANGE THE TIME OF THE REGULAR MEETINGS OF THE BOARD OF ALDERMEN. 89 Item 7f, cont'd. Moved by Alderman Morrison that Ordinance No. 3059 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Alderman McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Alderman Gowan suggested that the City consider having some night meetings. Item 8a A proposed resolution was presented approving a utility adjustment for a privately owned line, which is required for the Kell right-of-way. RESOLUTION NO. 1763 RESOLUTION AUTHORIZING UTILITY ADJUSTMENT ON THE FORT WORTH AND DENVER DOWNTOWN RELOCATION PROJECT. WHEREAS, the City of Wichita Falls and the Texas State Highway Department are cooperating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls ; and, WHEREAS, the City of Wichita Falls, Texas and the Texas State Highway Department entered into a contractual agreement dated January 31, 1968, wherein the State and the City will participate equally in the right-of-way and utility adjustments required for the Kell Freeway Project; and, WHEREAS, the relocation of F.W.D.RR Downtown Junction tracks required for the said proposed Kell Freeway, Project 52-071 , crosses the pipe line facilities owned by Wichita Tool and Supply Company; and, WHEREAS, adjustments will have to be made to the pipe lines to allow the construction of the proposed Kell Freeway Project; and, WHEREAS, the Wichita Tool and Supply Company now owns the pipe lines; and, WHEREAS , the Wichita Tool and Supply Company has proposed an agreement in which the City of Wichita Falls would reimburse the Wichita Tool and Supply Company the sum of Three Hundred Twenty-Seven and 98/100 ($327.98) Dollars for the cost of the adjustments to its pipe lines; and, WHEREAS, the Texas Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the cost of these utility adjustments as soon as the State approved the final billings as prepared by the Wichita Tool and Supply Company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The certain letters of agreement between the City of Wichita Falls and the Wichita Tool and Supply Company for the adjustment of the pipe lines are hereby approved, and the City Manager is authorized to execute them for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1763 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Item 8b A proposed resolution was presented authorizing the sale of raw water from Lake Arrowhead for oil lease waterflood to Sanford P. Fagadau. 90 Item 8b, cont'd. RESOLUTION NO. 1764 RESOLUTION APPROVING CONTRACT WITH SANFORD P. FAGADAU FOR SALE OF RAW WATER FROM LAKE ARROWHEAD FOR OIL LEASE WATERFLOOD. WHEREAS, Sanford P. Fagadau is the Unit Operator of the Grinke Unit, which is composed of several oil leases or portions of leases in Clay County, Texas east of Lake Arrowhead, which unit was created under and by virtue of the authority of the Railroad Commission of Texas by Oil and Gas Docket No. 9-64710 and approved on January 22nd, 1975; the Unit Agreement establishing such Grinke Unit is recorded in Volume 274, Page 1 of the Clay County Deed Records ; and, WHEREAS, Mr. Fagadau plans to waterflood this unit and he desires to purchase raw water from Lake Arrowhead for this purpose, up to a maximum of 3,000 barrels 126,000 gallons) per day. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Sanford P. Fagadau, providing for the sale of raw water from Lake Arrowhead for waterflood purposes, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Item 8c Discussion was held on the revised community development block grant first program year budget. Section 8 Housing was discussed. Alderman McAlister stated that the only reason he would consider the Section 8 progran is because it is tied with the block grant application. Alderman Morrison stated that he would like to pursue subcontracting this matter to a private party to absorb some of the loss. Moved by Alderman Garcia that we accept the deletions in Option A. Motion seconded by Alderman Morrison. Moved by Alderman McAlister that the motion be amended by accepting Option C, as revised. (Reduce comprehensive planning by $6,000 and code enforcement by 15 ,000. Other items remain as they were) . Motion seconded by Alderman Gowan, and carried unanimously. RESOLUTION NO. 1765 RESOLUTION APPROVING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-383) AND AUTHORIZING THE CITY MANAGER TO COMPLETE AND FILE AN APPLICATION FOR SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING UNDER TITLE II OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-383) . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An application for community development block grant funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383) is hereby approved, and the City Manager is authorized and directed to complete and file the application for such grant with the Department of Housing and Urban Development; the City Manager is further authorized to execute any necessary documents requested to carry out and complete such grant. The application shall include a statement of needs, long range objectives, short range objectives, a first year budget, and the Housing Assistance Plan. Further, such application shall contain certifications 91 Item 8c cont'd. providing the assurances which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. The City Manager is further authorized and directed to complete an application for Section 8 - Housing Assistance Payments Program for Existing Housing and to enter into an Annual Contributions Contract with the DepartmentofHousingandUrbanDevelopmentforprovidinghousingassistancetolowerincome households. Such application shall contain certifications providing the assurances which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. Further, the City Manager is authorized to execute any contracts required to administer the program. Moved by Alderman McAlister that Resolution No. 1765 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None vItem 8d A proposed resolution was presented establishing a policy for reimbursement of expenses incurred by Mayor and Board of Aldermen. RESOLUTION NO. 1766 RESOLUTION ADOPTING A POLICY FOR PAYMENT OF EXPENSES INCURRED BY MAYOR AND BOARD OF ALDERMEN WHEREAS , there does not exist a concise policy on the Payment of Expenses incurred by the Mayor and Board of Aldermen for official City duties NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS THAT: SECTION 1. For travel and expenses to all meetings, conferences, institutes or seminars , reimbursement or advances shall be governed by Resolution 1585 and the "Administrative Regulations Pertaining to Travel , Training, and/or Conference Expenses." In addition, travel for Mayor and Board of Aldermen requiring overnight lodging shall receive prior approval from Board of Aldermen, except for emergencies or other unusual conditions. SECTION 2. Other expenses incurred by the Mayor and Board of Aldermen in fulfilling their official duties may also be charged to the City on forms to be provided for which reimbursement will be made. a) Use of personal vehicle for approved ceremonial or other official functions outside the City at 15¢ per mile. b) Expenses incurred for meals for ceremonial or other official City business. Receipts will be required. c) Long distance telephone calls about official City business charged to personal or business number. Receipts or billing will be required. SECTION 3. Expenses incurred under Section 2 of this resolution shall be submitted on proper forms monthly and a check issued by the 10th of each month. Charges shall be against account 11-010-4420. Forms shall be submitted to the City Manager's Office for processing. Moved by Alderman Morrison that Resolution No. 1766 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None 92 vi Item 9a Bids were considered on restrooms for TESCO and Jalonick Parks. It was recommended that the low bid be awarded to Irby Construction Company in the amount of $17,266.16. RESOLUTION NO. 1767 RESOLUTION AWARDING CONTRACT TO FULTON IRBY CONSTRUCTION COMPANY FOR CONSTRUCTION OF TWO RESTROOMS. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of two restrooms, one at TESCO Park and one at Jalonick Park; and, WHEREAS, two complete bids and one partial bid were received, and it isfoundthatFultonIrbyConstructionCompany, who bid $17,266.16, 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 Fulton Irby Construction Company in the amount of $17,266.16isherebyaccepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Fulton Irby Construction Company for the construction of such improvements. Moved by Alderwoman McCullough that Resolution No. 1767 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Item l0a A proposed resolution was presented approving a supplemental agreement with Timmins-Anderson Corporation for downtown junction of the railroad relocation. RESOLUTION NO. 1768 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 3 WITH TIMMINS-ANDERSON CORPORATION CONCERNING FORT WORTH AND DENVER RAILROAD RELOCATION BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Supplemental Agreement No. 3, a copy of which is attached hereto, between the City of Wichita Falls and Timmins-Anderson, Corp. , amending the contract for relocation of Fort Worth and Denver Railroad downtown junction to provide for the removal and installation of 30-inch diameter storm sewer adjacent to Virginia Street at Oak Street, and is required to accommodate the trackwork construction in this area, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Garcia that Resolution No. 1768 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Item lOb A proposed resolution was presented approving Change Order No. 1 on the 1975 Community Development Assessment Paving Program. 93 Item lOb, cont'd. RESOLUTION NO. 1769 RESOLUTION APPROVING CHANGE ORDER NO, 1 WITH STUCKEY CONSTRUCTION COMPANY, INC. , CONCERNING THE 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1, a copy of which is attached hereto, between the City of Wichita Falls and Stuckey Construction Company, Inc. , amending the contract for construction of the 1975 Community Development Assessment Paving Program to provide for construction of streets and parking lots in Scotland and Tesco parks , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1769 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Morrison, and McCullough Nays : None Item lla Permission was requested to advertise for bids for three maintenance buildings for Parks. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 12 Moved by Alderwoman McCullough that minutes of the meetings of the following boards and commissions be received: a. Planning Board - January 14, 1976 b. Park Board - January 27, 1976 c. Mayor 's Commission on Status of Women - January 8, 1976 Motion seconded by Alderman McAlister, and carried unanimously. Item 13a Moved by Alderman Morrison that a public hearing on demolition of hazardous structures be held on March 2, 1976. Motion seconded by Alderman McAlister, and carried unanimously. Item 13b Discussion was held on implementation of the 911 emergency telephone number. The County and ambulance company desires to participate in the system, also. It is estimated that the system will cost approximately $15,373. When a caller dialed the 911 number, he would be connected to the proper emergency agency. Moved by Alderman Morrison that implementation of the 911 program be authorized along the lines set out in Mr. Fox's memo. Motion seconded by Alderman McAlister, and carried unanimously. Immediate application was agreed upon. 94 Item 13c Approval was requested by Arthur Beyer for expenditure of $2,350 for a bicentennial project from revenue sharing funds. Moved by Alderman Morrison that this appropriation be approved. Motion seconded by Alderman Garcia, and carried unanimously. Alderman McAlister requested the City Attorney to research into the meaning of tabling a motion, and also the proper procedure for amending and substituting a motion. The Mayor and Board of Aldermen agreed to meet in executive session on Monday, February 9, at 6:00 P.M. to discuss matters pertaining to the position of City Clerk. Mayor Boyd read a statement pertaining to Lone Star Gas rate increases. He wondered if there is anything else this Council can do to halt the escalating cost of gas. The City Attorney stated that he believes the Council has done everything practical to do. He feels anything else would be ineffectual. Alderman Morrison noted that he believes what the citizens are seeing now is not the end, but only the beginning. David Lyles, of Lone Star Gas , presented some information on BTU's. Mov Moved by Alderman Morrison that the meeting be adjourned. Motion seconded by Alderman McAlister and carried unanimously. The Board of Aldermen adjourned at 2:23 P.M PASSED AND APPROVED this /7.64/ day of z.7 1976. 7/f//Mayor PY'U Item"' ATTEST: 2 Deputy City Clerk THE STATE OF .TEXAS X COUNTY OF CLAY X Contract for Sale of Raw Water for Waterflood This agreement made and entered into this the 3rd day of February, 1976 , between the City of Wichita Falls, Texas, here- inafter called "City" , and Sanford P. Fagadau, hereinafter called Fagadau" , WITNESSETH: WHEREAS, Sanford P . Fagadau is the Unit Operator of the Grinke Unit, which is composed of several oil leases or portions of leases in Clay County, Texas east of Lake Arrowhead, which unit was created under and by virtue of the authority of the Railroad Commission of Texas by Oil and Gas Docket No. 9-64710 and approved on January 22, 1975; the Unit Agreement establishing such Grinke Unit is recorded in Volume 274, Page 1 of the Clay County Deed Records; and, WHEREAS , Mr. Fagadau plans to waterflood this unit, and he desires to purchase raw water from Lake Arrowhead for this purpose, and the City of Wichita Falls is willing to sell him water for this purpose. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, City and Fagadau do hereby agree as follows: City agrees to sell to Fagadau raw water from Lake Arrowhead to be used for waterflooding the Grinke Unit described above. The maximum amount of water to be sold under this contract shall be 126 ,000 gallons per day. It is agreed that Fagadau will pay to the City for such water at the rate of fifteen cents (150) per thousand (1, 000) gallons, and such water shall be pumped from the lake by Fagadau at no cost to City. Fagadau shall furnish and maintain at his expense at the pumping site metering equipment of a standard type acceptable to City, and City shall have the right to test such meter at all reasonable times. City shall bill Fagadau monthly for the water used during the previous month, and Fagadau shall pay for such water within thirty days after the date of such bill. This contract shall extend for a period of fifteen years from the date hereof , or as long as oil is produced in paying quantities from such Grinke Unit, whichever is shorter. Fagadau must secure a valid permit or other authority from the Texas Water Rights Commission for the use of such water before delivery will be made of any water called for under the terms of this contract. It is understood that the rate paid for water under this contract shall be subject to change at such times as the water rates within the City of Wichita Falls are changed. Whenever such rates within the City of Wichita Falls are changed, the rates to be paid by Fagadau under this contract shall be changed proportionately. At any time of drought, or other time when there is insuffi- cient supply of water for municipal purposes, City reserves the right to curtail the amount of water to be sold to Fagadau hereunder; provided, however, that such amount shall not be re- duced below 25, 000 gallons per day without City' s first giving Fagadau two months notice so that he can develop a new source of water supply. IN WITNESS WHEREOF , the parties hereto have caused this instrument to be executed as of the day and year first above stated. CITY OF WICHITA FALLS, TEXAS By: Gerald G. Fox City Manager ATTEST: CITY CLERK 2 - Approved as to form: CITY ATTORNEY Sanford P. Fagadau 3 - CITY OF WICHITA FALLS, TEXAS RELOCATION OF FORT WORTH AND DENVER RAILROAD DOWNTOWN JUNCTION WICHITA FALLS, TEXAS SUPPLEMENTAL AGREEMENT NO. 3 January 12, 1976 INTENT It is the intent of this Supplemental Agreement No. 3 to ammend the Agreement dated _ July 8, 1975, between the City of Wichita Falls, Texas and Timmins-Anderson Corporation to include the following listed modifications and revisions. DESCRIPTION The work to be performed shall include all necessary materials and labor to relocate existing 30" R.C.P. storm sewer to accommodate construction of South Wye Track in the vicinity of Oak and Virginia Streets in accordance with the details indicated on revised Sheet Nos. 6 and 13 attached. EFFECT The Contract quantities and amounts are modified as follows: AGREEMENT 13y the signatures of duly authorized agents the City of Wicliila Falls, Texas, Owner and Timmins-Anderson Corpora lion, Contractor do hereby agree and append this Supplemental Agreement No. 3 to their Agreement dated July 8, 1975. TIMMINS-ANDERSON CORP. CITY OF WICHITA FALLS, TEXAS Contractor Owner By:r' (01-(1t_ ( "f"):L-- By: Date: 1 1 Date: L C L .(' JJ(..Lt, Attcst:attest: cL. PART 1 Item Item Unit Contract Quantity Revised Net No. Description Unit Price Quantity Change Quantity Effect 2 104) Rem. Old Conc. Pvm't. S.Y. $ 7.00 2,502 +5 2,507 +$ 35.00 3 104) Rem. Old Conc. Curb • L.F. 1.25 1,469 +10 1,479 + 12.50 12 Reinf. Conc. Pvm't. 364 S.P.) Class "A" Conc. S.Y. 20.00 349 +3 351 + 60:00 27 Class "A" (Cone. 465 Cradle) Bedding S.P.) Class "B" Conc. C.Y. 100.00 4 +1 5 +100.00 32 Conc. Curb and 522) Gutter Class "A" Conc. L.F. 4.00 1,182 +10 1,192 + 40.00 59 30" Reinf. Conc. 465 Pipe S.P.) Class III L.F. 21.98 86 86 + 1,890.28 60 30" Reinf. Conc. 465 Pipe S.P.) Class IV L.F. 23.98 18 18 +431.64 Indicates New Items Net Effect Part I 2,569.42 Previous Adjustments Part I 13,715.00 Total Adjustment Part I 16,284.42 Part I Original Contract 537,736.69 Part I Subtotal 554,021.11 Part II Subtotal Adjusted 29,386.00 Contract Amount (Current) Total Parts I and II 583,407.11 Plan Sheet Nos. 6 and 13 revised January 12, 1976 are included herewith and no other Agreement Conditions are affected as a result of this modification. r CHANGE ORDER NO. 1 January 28, 1976 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM WICHITA FALLS, TEXAS 1 . INTENT It is the intent of this Change Order to amend the contract dated November 19, 1975 to include the additional quantities and additional items described as follows : APPROX. PAY ADDL. ITEM WITH BID PRICES UNIT AMOUNT ITEM QUANTITY WRITTEN IN WORDS BID BID 1 5,678 LF Standard Curb and Gutter at Two Dollars and Forty Cents per L. F. 2.40 13,627.20 2 571 SF Standard Valley Gutter at One Dollar and Ten Cents per S. F. $ 1 . 10 628. 10 4 420 SF 4 inch Concrete Sidewalk at No Dollars and Seventy-five Cents per S. F. 0. 75 315.00 5 904 SF Standard Concrete Driveway Ap- proaches at One Dollar and Ten Cents per S. F. 1 . 10 994.40 6 44.5 LF 18 inch Reinforced Concrete Pipe at Nine Dollars and no Cents per , L. F. 9.00 400.50 9 5,910 SY Type ' D' H.M.A.C. Surface Course on 4 inches Asphalt Stabilized Gravel Base on 4 inches of Sand- stone foundation course at Five Dollars and Ninety Cents per S.Y. 5.90 34,869.00 NEW PAY APPROX. ITEM WITH NEGOTIATED PRICES UNIT ITEM QUANTITY WRITTEN IN WORDS PRICE AMOUNT 11 3,985 SY 2" Type ' D' H.M.A.C. Surface Course on 6" of sandstone found- ation course including excavation at Three Dollars and Forty Cents per S.Y. 3.40 13,549.00 NEW PAY APPROX. ITEM WITH NEGOTIATED PRICES UNIT ITEM QUANTITY WRITTEN IN WORDS PRICE AMOUNT 12 2.6 CY Concrete for headwalls including reinforcing steel at Three hun- dred twenty-five Dollars and no Cents per CY. 325.00 $ 845.00 13 35.7 LF Class A Pipe Bedding at Ten Dollars and Fifty Cents per L. F. $ 10.50 $ 374.85 14 132 LF 6" Doweled Curb at Two Dollars and Forty Cents per L. F.2.40 $ 316.80 15 90.6 SY Remove old Concrete Pavement at One Dollar and Fifty Cents per S.Y. 1 .50 $ 135.90 TOTAL ADJUSTMENT (CHANGE ORDER NO. 1) 66,055.75 TOTAL BID (ORIGINAL CONTRACT) 293,340.00 CONTRACT AMOUNT (ADJUSTED) 359,395.75 2. AGREEMENT By the signatures of duly authorized agents , the City of Wichita Falls , Owner, and Stuckey Construction Company, Inc. , Contractor, do hereby agree and append this Change Order No. 1 to their contract dated November 19, 1975. STUCKEY CONSTRUCTION COMPANY, INC. CITY OF WICHITA FALLS, TEXAS Contractor Owner BY: L/);: ', .:: BY: Date: / — 2 e - 6 Date: Attest: Q.,,,,,..•Y i10 • • 2,:.•1/4=Attest: