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Min 12/21/1976284 Wichita Falls, Texas Memorial Auditorium Building December 21, 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 8:30 o'clock A.M. , with the following members present: J. C. Boyd, Jr. Mayor Hardy McAlister Dr. Guillermo Garcia Bill E. Gowan X Aldermen Ray Ashbrook W.E. Ryle Jerry F. Mathis X Gerald Fox City Manager H.P. Hodge, Jr. City Attorney Gerald Carlson City Clerk Wilma J. Thomas Deputy City Clerk The invocation was given by Allen Brown, of Trinity Presbyterian Church. Item 3 Moved by Alderman Garcia that minutes of the meeting held November 23, 1976, be approved . Motion seconded by Alderman Ashbrook, and carried unanimously. Moved by Alderman Ashbrook that minutes of the meeting held December 7, 1976, be approved. Motion seconded by Alderman Ryle, and carried unanimously. Item 4a Janell Harmon of the Accounting Department, was honored as employee of the month. Mayor Boyd presented her with a plaque and two tickets each to an interstate theatre and to El Babo's for a meal. v Item 4b Donald Broyles requested that a water line be laid at the expense of the property owners to their residence on Old Windthorst Road outside the city limits. He stated that about ten families would be able to hook on to the line. They have to haul water now to their homes. The City Manager had previously corresponded with Mr. Broyles, explaining that his request would have to be denied because of the City's water policy. He explained to him, however, that he could request annexation and if it were approved , then a water line could be extended to serve his property under the water extension policies of the city. Even then he would be required to pay for the extension. Alderman Gowan inquired if he had approached any of the other people who live near there about signing a petition for annexation. He stated that he had not because he didn't feel there were enough people living there for it to be considered. Alderman Ryle stated that he grew up just outside the city limits, and saw the results of poor planning. If we add a few lines helter skelter then we are just asking for trouble. Alderman Gowan stated that he feels the first request of Mr. Broyles should be for annexation. Item 4c The proponents for a tattoo establishment were not in attendance. Moved by Alderman McAlister that this matter be tabled. Motion seconded by Alderman Ryle, and carried unanimously. 285 v Item 4d The Midtown Now request for previously appropriated community development funds and revenue sharing funds totaling $243,000 was presented by the city manager. The first project is to begin redesign and beautification projects along the open space network recommended for improvement. The second project is to begin develop- ment of Depot Square. The third project is completion of an economic evaluation study which will provide documentation necessary to generate private investment, such as a hotel chain. He also suggested five actions to be taken: (1) approval of budget and release of appropriated funds , (2) initiate property acquisition procedures for parcels in Blocks 162 and 177 of Original Town, (3) secure proposals from architectural firms interested in Depot Square historical project, (4) secure proposals from architectural firms interested in design improvements along the open space network, (5) preparation of a contract with Harris, Kerr, Forster and Company for a hotel study. Location of ramped curbs for the elderly and handicapped was discussed. Alderman Gowan requested a breakdown of funds for purchase and renovation of historical buildings. Steve Ondrejas estimated $25,000 for the Kemp-Kell Building, 15,000 for the little skyscraper, and $50,000 to purchase the farmers market. He estimated $15,000, $10,000, and $50,000 respectively for construction of each. The three priorities given in order by Steve Ondrejas would be to acquire the three properties, complete the farmers market, and the preservation of historical buildings. Moved by Alderman Mathis that the five recommended actions given by the city manager be approved. Motion seconded by Alderman Ashbrook, and carried unanimously. sl Item 10c Aldermen Gowan and Mathis reported on the discussion and consideration of a water purchase contract with electric utilities for Lake Kemp-Lake Diversion water. Requests were received from both West Texas Utilities and Texas Electric Service Company to serve an electric generating plant. They both served on the committee, along with representatives from the Water District. They decided that there was no use for that water more important to the city than the sale of it because it is not drinkable unless it is mixed on a ratio of one to seven. Form contracts were submitted to both. companies . Neither desired to negotiate a price, but each desired to give it their one best shot, which would be held in confidence. The committee compared the provisions in each contract, such as cancellation, standby, and guarantee provisions. West Texas offered a total of $3,000,000 in standby payments for 10 years ; TESCO offered a total of $400,000. During the time the plant is in production TESCO offered $17,900,000. West Texas offered $49,250,000 during the same period. The minimum cancellation penalty clause for West Texas would be 600,000. For TESCO it was $150,000. The difference in revenues was over $500,000 per year. In view of these differences , the committee recommended approval of the West Texas Utilities contract. RESOLUTION NO. 1898 RESOLUTION APPROVING AGREEMENT WITH WEST TEXAS UTILITIES COMPANY FOR SALE OF WATER AT LAKE KEMP-LAKE DIVERSION FOR ELECTRIC GENERATING PLANT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls, Wichita County Water Improvement District Number Two and West Texas Utilities Company, providing for the sale of water at Lake Kemp-Lake Diversion for an electric generating plant, is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Mathis that Resolution No. 1898 be passed. Motion seconded by Alderman Gowan. Alderman Ryle stated that the proposed investment of one billion dollars is by far the largest proposed investment in the history of Wichita Falls . It will produce six times as much electricity as the City of Wichita Falls presently consumes. It is the largest water contract which the city has entered into. Revenue of $49,000,000 makes it extremely attractive to the City of Wichita Falls. 286 Item 10c, cont'd. Tom Locke, Division Manager of Texas Electric Company, stated that after looking at the figures he feels that the Council is making a good decision, and is getting a preminum contract. He requested that they be allowed to look over the contract submitted by West Texas Utilities as a courtesy. The City Manager stated that if the Council desires , a copy could be made available to TESCO, and it could be signed before January 20. The motion was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Alderman Mathis stated that it appears to him to be a good practice to set aside the revenue from the contract for future construction of drinking water facilities for the city. Alderman Gowan mentioned the possibility of working with TESCO if they desire to put a generating plant here, or to build a new lake at sometime in the future. Lonny Morrison appeared as attorney for West Texas Utilities, expressing a simple thank you. si` Item 5a Appropriation ordinances were presented for approval of 1976-77 budget revisions of enterprise funds. These items had been neither received nor billed on September 30, 1976. ORDINANCE NO. 3150 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3150 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None ORDINANCE NO. 3151 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3151 be passed. re' Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None L Item 6a A proposed ordinance was presented setting refuse rates on alley paving 1 f projects. ORDINANCE NO. 3152 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Moved by Alderman McAlister that Ordinance No. 3152 be passed. Motion seconded by Alderman Gowan, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays: None 287 Item 6b A proposed ordinance was presented closing a portion of McKinley Street, whichisnowunopenedandunused.X 'k ORDINANCE NO. 3153 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF McKINLEY STREET IN THE RESUBDIVISION OF THE F.M. McKINLEY AND I. P. SIMMONS SUBDIVISION OF THECITYOFWICHITAFALLS; AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3153 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 6c Final consideration was given to the ordinance annexing a tract of land near Y'*' Certain-teed. ORDINANCE NO. 3149 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OFTHECITYOFWICHITAFALLS, TEXAS , WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Ryle that Ordinance No. 3149 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 7a A proposed resolution was presented establishing residency requirement for cityemployees. RESOLUTION NO. 1899 RESOLUTION ESTABLISHING RESIDENCY REQUIREMENTS FOR CITY EMPLOYEES. WHEREAS, Section 62 of the Wichita Falls Charter provides that, in making appointments, the City Manager shall give preference to citizens of Wichita Falls ; and, WHEREAS , the United States Supreme Court has upheld the right of a City to require that its employees reside within the City; and, WHEREAS, the City Manager intends to amend Section II, Paragraph 9 of the Personnel Rules and Regulations for the City of Wichita Falls, regulating the residency of employees of the City, which is found to be reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Such residency rule, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to establish such rule as a part of the Personnel Rules and Regulations for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1899 be passed. Motion seconded by Alderman Mathis. The City Manager explained the residency requirements. Mayor Boyd mentioned having received several complaints concerning the use of city vehicles outside the city limits, stating that he had seen figures indicating that it costs 23 cents per mile to drive a vehicle. Discussion was held on how often a person on call actually gets called, and if they really need to take a vehicle home. A car pool was suggested. The city manager stated that we are looking at the entire issue now, and it will be a part of our budget discussions next year. 288 Item 7a, cont'd. The motion was carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 7b A proposed resolution was presented authorizing a contract with the Texas Water Development Board for water source investigations on the Little Wichita River for Lake Arrowhead. The City's cost would be $3,218.00. RESOLUTION NO. 1900 RESOLUTION APPROVING CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD FOR CERTAIN WATER RESOURCES INVESTIGATIONS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: That Certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Texas Water Development Board, as participants in a cooperative Water Resources Investigation Program sponsored by the Geological Survey of the United States Department of the Interior, 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. 1900 be passed. Motion seconded by Alderman Ashbrook and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None V Item 7c A proposed resolution was presented approving Wichita County appointments to i `( t" ;, the City-County Board of Health. RESOLUTION NO. 1901 RESOLUTION CONFIRMING APPOINTMENTS OF THREE MEMBERS TO THE BOARD OF HEALTH BY COMMISSIONERS COURT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The appointment by the Commissioners Court of Wichita County, Texas of Bill Boardman, D.D.S. as a member of the Wichita Falls City-Wichita County Board of Health to fill the unexpired term of Dr. P.F. Richardson, and the appointments by the Commissioners Court of Roger Humphrey, M.D. and C.J. Lippard as members of said Board of Health for two year terms commencing January 1st, 1977, be and the same are hereby confirmed. Moved by Alderman McAlister that Resolution No. 1901 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None V Item 7d A proposed resolution was presented approving appraisals on Kell Freeway property. RESOLUTION NO. 1902 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, 289 Item 7d, cont'd. WHEREAS, such properties have been appraised by appraisers employed by the Texas State Highway Department and the amount of the values as determined from the appraisals have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and properties to be purchased by Warranty Deed are as follows : Kell Freeway - Project 52-380 Warranty Deed Lot 2, Block 18, I. Jalonick Addn. Lots 5, 6 & 7, Block 2, Spivey Addn. East 75 feet of Lots 8 & 9, Block 2 1st H.W. Spivey Addn. West 75 feet of Lot 9, Block 2 1st. H.W. Spivey Addition. Combined total of values approved in this resolution 101,190.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts is State approved values as determined from appraisals made by real estate appraisers employed by the Texas State Highway Department. Section No. 3 In the 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 Texas State Highway Department or the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 1902 be passed. Motion seconded by Alderman Mathis, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 7e A proposed resolution was presented authorizing return of F-102-A aircraft located in Jaycee Park to the United States Air Force. RESOLUTION NO. 1903 RESOLUTION AUTHORIZING THE RETURN TO THE UNITED STATES AIR FORCE OF THE F-102-A AIRCRAFT LOCATED AT JAYCEE PARK. WHEREAS, on August 28th, 1961, the United States Air Force gave to the City of Wichita Falls, for display only, an F-102-A aircraft, Serial No. 57-826, which has been on display in Jaycee Park; and, WHEREAS, Sheppard Air Force Base is in the process of a major program to display aircraft of this era on the base, and it is virtually impossible for them to get an F-102-A aircraft for display; the aircraft located at Jaycee Park has begun to deteriorate and has been subjected to vandalism; and, WHEREAS , the Air Force has requested that such aircraft be returned to Sheppard Air Force Base where it can be put on permanent display and maintained in appropriate condition for all the Wichita Falls population, civilian and military, to view and enjoy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: Such F-102-A aircraft is hereby transferred back to the United States Air Force, and the City Manager is authorized to execute any instrument necessary for the transfer of the title to such aircraft. 290 Item 7e, cont 'd. Moved by Alderman Garcia that Resolution No. 1903 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Item 7f A proposed resolution was presented commending Dr. Charles Parker on his retirement from the City as Director of Health. RESOLUTION NO. 1904 RESOLUTION COMMENDING DR. CHARLES M. PARKER FOR HIS SERVICES TO THE CITY OF WICHITA FALLS. WHEREAS, Charles M. Parker, M.D. is retiring from his position as Director of the Wichita Falls City-Wichita County Health Unit on January 4th, 1977; and, WHEREAS , he was employed by the City on April 1st, 1961, and has served as Director of the Health Unit continuously since that time, except for one year leave of absence when he attended the University of California at Berkeley and earned his Master of Public Health degree;and, WHEREAS, prior to his employment by the City, Dr. Parker served his country in the United States Navy for thirty-one years, and retired as a Captain in the Medical Corps ; and, WHEREAS, Dr. Parker served as president of the Texas Public Health Association for the year 1973, and he has been awarded honorary memberships in the Wichita County Medical Society, the Texas Medical Association and the American Medical Association; and, WHEREAS, during his tenure, he played an important role in the planning and construction of the excellent building in which the Health Unit is now located, and he untiringly devoted his energy and ability in improving our environment, fighting communicable diseases, and improving all other aspects of our public health, all of which are most beneficial to our citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The appreciation of the Board of Aldermen and the citizens of Wichita Falls is hereby expressed to Dr. Charles M. Parker for his years of service to the City, and best wishes are extended to him for his future health and happiness. Moved by Alderman Ryle that Resolution No. 1904 be passed. Motion seconded by Alderman Mathis , and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Dr. Parker expressed appreciation to all those who helped in the building of the facility in which they are located. Ittem 8a Permission was requested to advertise for bids for a rear loading tandem axle semi-trailer for construction maintenance. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Mathis , and carried unanimously. 291 Item 9 Moved. by Alderman Ashbrook that minutes of the meetings of the following boards a. and commissions be received. a. Citizens Traffic Safety Council - December 1, 1976 b. Traffic Commission - December 14, 1976 c. Board of Electrical Examiners - December 14, 1976 d. Planning Board - December 8, 1976 e. Bicentennial Commission - December 2, 1976 Motion seconded by Alderman Ryle, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis Nays : None Alderman Mathis commented on the proposal mentioned in the Traffic Safety Council minutes for a traffic division. The City Manager stated that he had been presented with a request to fund a separate traffic division. It will be discussed in the 1977-78 budget discussions. He explained that the STEP program has not been very successful on a voluntary basis. Alderman Ryle mentioned the comment which was made in the Traffic Commission regarding businesses using amber flashing lights at their place of business. Ed Ilschner stated that they are looking at it, and will present a report to the Commission. Alderman McAlister noted that the Planning Board is still having difficulty getting a quorum for many of their meetings, and suggested that it be addressed by the Planning Board itself to see if it can rectify its own problem. Item l0a j Permission was requested to hold a Transit Development public hearing on January 4, 1977. The consultant who developed the study document will be in attendance to present the transit improvement program to the Board of Aldermen. Moved by Alderman Ryle that the public hearing be held on January 4, 1977. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 10b Dr. Arthur Beyer recommended combining the Bicentennial Commission and the Citizens Advisory Commission into a Bicentennial Era Commission. Alderman Ryle noted that Citizens Advisory Commission is a better name and definition of the function of that committee, and recommended that the name not be changed. The Board of Aldermen agreed to continue what we already have. U Item 10d The Traffic Department has recommended removal of parking meters on the Northeast parking lot at Ohio and Ninth Street. The Traffic Commission recommended that the City staff be authorized to negotiate with a downtown group to lease the Northeast parking lot, or if that could not be negotiated that the parking meters be removed and opened to the general public. Moved by Alderman Garcia that Proposal No. 2 be approved for a lease with a downtown group, or if that cannot be arranged that the meters be removed. Motion seconded by Alderman Gowan. It was noted that this property is located within two blocks of Depot Square, and also that a -termination clause would be placed in the lease in the event it would be needed for downtown improvements. The land has been valued at $20,000 by the Tax Department. Alderman Ryle suggested that it might be worthwhile to look at V this property for a human resource center instead of purchasing other property. Steve Ondrejas mentioned that several properties are being looked at for possible development. He feels that these pieces of property are at their lowest value now, and will increase in value as the Depot Square project progresses. The motion was carried unanimously. Alderman Mathis requested that the staff present a proposed lease agreement to the Council before presentation to a third party. 292 Item 10e The Park Board will have three vacancies effective January 1, 1977. Ja. j Moved by Alderman Ryle that Mrs. Aubrey Wilson be reappointed, and that Mrs . John Sweeney and Mr. Carl Hall be appointed, all for three-year terms to expire December 31, 1979. Motion seconded by Alderman Ashbrook, and carried unanimously. If either of these persons is unable to serve another suggested appointee will be contacted. A suggestion was made by Alderman McAlister that the income from West Texas Utilities be set aside and used for additional water resources. As an alternative, it might be placed in a charter amendment. It might also be the basis for a sample non-binding straw vote. Mayor Boyd did not know whether this is a proper subject for a charter, and recommended that the City Attorney look into it. The City Manager noted that it could be used for the maintenance of Lake Kemp. Alderman Ryle stated that in Arlington there is a program which provides meals for the indigent elderly in the school cafeterias. He suggested that we look into this possibility since we have a meals on wheels program. Alderman McAlister inquired concerning the status of the suit which has been filed. The City Attorney stated that he is working on it, and will notify them in advance. The City Manager mentioned the Lone Star Gas hearing with the Railroad v Commission. It was his feeling that we should require them to take a physical examination of their pipe, etc. Delay of the hearing is not objectional to the City. The Board of Aldermen adjourned at 11 :15 A.M. PASSED AND APPROVED this 1 .day of 1977. f MAYOR ATTEST: i CITY CLERK TIIE STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Wichita Falls, Wichita County, Texas, a Municipal Corporation, acting by and through its Mayor hereunto duly authorized by its Board of Aldermen, and the Wichita County Water Improvement District Number Two, acting by and through the President of its Board of Directors, hereunto duly authoriz4; herein- after collectively called Seller, and West Texas Utilities Company, a private corporation, incorporated under the laws of the State of Texas, acting by and through its officers hereunto duly authorized, hereinafter referred to as Company. WITNESSET11 : WHEREAS, Company proposed to construct and operate a power plant, switchyard, electric and communication lines, pipelines and other facilities in con- nection with such power plant, on land to be purchased by Company either adjacent or near to the Lake hemp-Lake Diversion system located in Baylor, and Archer Counties, Texas, or at some site remote therefrom, the power plant to be of such size as to have a total generating capacity of about 2, 000 megawatts of electricity which will consume up.to, but not more than 20, 000 acre-feet of water per year; and WHEREAS, Company would require an adequate water supply for gener- ating, cooling and other purposes necessary for the operation of such plant; and WHEREAS, Seller is desirous of said power plant being constructed and of furnishing such water supply for use in connection with said power plant, the con- struction and operation of such power plant constituting a material benefit to Seller and being a sufficient consideration for the obligation undertaken by Seller; NOW, THEREFORE, in consideration of the premises and of the mutual benefits and advantages hereinafter set out, the parties agree as follows: 1. A.Company shall have first rights during the life of this contract to take from the Lake Kemp-Lake Diversion system, except from the canals which are a part of the system, all water reasonably necessary or desirable in Company's judgment for operation of Company's power plant, consuming up to but not more than 20, 000 acre-feet per year, subject to the availability of such water after Seller meets the following prior commitments for Lake Kemp-Lake Diversion water: 45, 000 acre- feet annually for irrigation and oil well water flooding purposes withdrawn by Wichita County Water Improvement District Number Two; 2, 200 acre-feet per year for fish hatchery operations withdrawn by Texas Parks Wildlife Department; and the reser- vation of 50, 000 acre-feet of storage for the City of Wichita halls. B.Seller further grants to Company the right to circulate water through and to withdraw water from the Lake Kemp-Lake Diversion system in connection with the operation of said power plant. Company is hereby granted the right to go upon Lake Kemp and Lake Diversion and into the water thereof, and to do any and all things reasonably necessary in order to properly circulate said water through and withdraw water from said Lakes, including the right to dredge in the Lakes and to do any and all other things reasonably necessary or desirable in Company's judgment to effect- uate proper circulation and withdrawal of water including the installation of intake and discharge structures out in the lake and the necessary piping and other facilities in- cident thereto, and to hereafter maintain and operate same. It is to be understood that plans for all modifications and/or improvements to be done in or upon Lakes Hemp or Diversion shall be furnished to the City,s Director of Public Utilities, or his suc- cessor, the General Manager of the Water District, or his successor and Seller's respective governing bodies. Such plans shall conform to good engineering and water conservation practices. Such modifications or improvements shall in no way interfere with Seller's ability to fulfill the above described prior water commitments of the Seller. Company shall have the duty to erect and maintain signs or other devices warning of any danger to third persons upon any facility or portion of the power plant operation which is located upon or in Lake Kemp and Lake Diversion or other property of Seller. Provided, hovvwev cr, that the foregoing seat .:c e :o :h ,_.._:.. of Seller only and shall no: serve to enhance OF estahliSh i.i,\' i o any such third party. Company agrees to indemnify and hold Seller harmless from any and all claims, suits or causes of action arising by virtue of the construction, operation and maintenance of any of such Company facilities which are located upon or 2- in the Lake Kemp-Lake Diversion system or other property of Seller except for Seller's sole negligence. Everything dredged from the bottom of the lake, so as to effectuate such circulation or withdrawal, will be removed by Company and handled and disposed of to Seller's satisfaction at Company's expense. C.Seller grants to Company the right of using water from the Lake Kemp- Lake Diversion system for generation of electric power during the life of this con- tract, subject to prior commitments in Paragraph I, Subparagraph A. of this Agree- ment. All contracts hereafter made and entered into by Seller (either 'jointly or severally) with other parties for water rights for said Lakes shall be subject to and subordinate to Company's rights hereunder. D.Seller warrants that it has and will maintain in force for the life of this contract legal title to the water sold hereunder and all permits, contracts, licenses and legal agreements necessary to maintain legal title to the water sold hereunder. It is understood and agreed that the terms of this contract are subject to Seller's rights under present ownership of land and easements. E.In the event it is determined by the Company that Seller does not have sufficient water at any time to furnish the water contemplated by this agreement, Com- pany shall have the right to introduce water of equal or better quality into the Lake Kemp-Lake Diversion system from other sources for use in Company's operations, and Company shall have the right to withdraw, circulate, and use such other water, or an amount equivalent thereto, in addition to such water as Company may purchase from Seller hereunder. F.Company further shall have the right to use water front other sources which may be taken and/or transported directly to said power plant, without being introduced into the Lake Kemp-Lake Diversion system, for Company's own use for plant process by lake circulation purposes as distinguished from water for cooling purposes/along with, in addition to, or instead of said water from the payrncn. to Seller therefor. If this situation occurs an(:, if C.on pang ,n t( rn,iCea that it no longer needs and is not using the 20, 000 acre-feet annually, this contract shall be modified by mutual agreement as to such quantity and the Seller shall have the right to sell such released quantities to other users. 3- iI. Company will purchase water from the Lake hemp-Lake Diversion system in such quantities as it desires for operating its power plant up to, but not more than, 20, 000 acre-feet of water per year beginning at such time as the actual use of water for the production of electricity begins upon completion of the first generating unit. Prior to such time, Company agrees to pay to Seller an annual standby charge, from the date of execution of this contract, payable in substantially equal monthly install- ments by the 10th of each month, in advance, as shown on Schedule A. below. Schedule A. Effective Period Annu,il Amount Calendar Year 1976 None Calendar Year 1977 200, 000. 00 Calendar Year 1978 390, 000. 00 Calendar Year 1079 300, 000. 00 Calendar Year 1090 200, 000. 00 Calendar Year 1981 v•-, Dieu. Calendar Year 1002 0O, 000. 00 Calendar Year 1983 300, 000. 00 Calendar Year 1054 300, 000. 00 Calendar Year 1985 300, 000. 00 Calendar Year 1980 300, 000. 00 StcbOGllle 13.Minimum annual charges shall begin when water is actually consumed for the production of electricity upon completion of the first generation-unit or January 1, 1987, whichever is sooner, in the following amounts and time schedule: 1. Date of completion of first eneration unit or January 1, 1`287, whichever is sooner, and for each of the next five years 8 500, 000. 00 2. For each of the next five years 750, 000. 00 3. For all years thereafter until end of contract 1, 000, 000. 00 Schedule C. For water actually consumed, Company shall pay Seller at Base Rate the/r=ule- of twenty-three (23C) cents per one thousand (1, 000) gallons. The Ease Bate for water purci„a:ed nur u:::it to this agreement shall be adjusted on January of each calendar year subsequent to the calendar year 1987 by an amount determined by multiplying such Base Rate by an Adjustment Factor. Such Adjustment Factor shall be calculated lr. divid- ing the weighted average price paid per one thousand gallons 4- of water actually puruaased and consumed in the generation of electrical power by the use of fossil fuels (in quantities in excess of 1, 000 acre feet per year but no more than 30, 000 acre feet per year) during the immediately preceding calendar year within the State of Texas, by the weighted average price paid per thousand gallons of water consumed for the same par- range of pose, in the sanle/r i.;,,i,i.: Im quantities in the State of Texas during the calendar year 1956. Only the purchase and con- sumption of water from third parties from man-made lakes will be considered in arriving at the weighted average. For purposes of computing the weighted average price paid, the price paid pursuant to this Agreement shall be excluded. Amount due for water actually consumed under Schedule C. above shall be due and pay- able by the 10th of each month following the month of consumption. Dy the 10th day of the 13th month after the first generating unit is producing electricity and annually thereafter, if the amount billed for the preceding twelve (12) month's period, is less than the annual minimum amount as specified on Schedule B. above, then the difference will be billed in addition to the preceding month's actual consumption. Water used during construction, prior to the time of actual use of water for the production of electricity, shall be paid for at the same rate as water consumed for the production of electricity, in addition to the standby payments herein provided, ex- cept that no minimum charge shall be required. It is agreed that the amount of water consumed by way of direct circulation through the lakes for cooling purposes, or Otherwise consumed as a result of being drawn from and returned to the lakes, will be calculated and specified by the Consult- ing Engineer responsible for the design of each generating unit in the power plant, and such calculations shall be the basis for payment for water so consume:1. All other veater consumed for power plant purposes will be ,ueteru or Will e.i a method mutually agreeable to Seller and Company. In case of differences between Company and Seller as to the amount of raw water consumed, same shall be left up to the Director of Public Utilities for the City of Wichita Falls, the General Manager of the Water District and Company Generation Engineer, and if they disagree, they will select a competent consulting engineer and 5- his decision as to the amount of water consumed will be binding on both Company and Seller. All fees and expenses of said consulting engineer shall be shared equally by Seller and Company. Each party shall have the right to make reasonable inspection of the other's records in order to ascertain the amount of water consumed hereunder. All amounts due and payable under Paragraph II shall be due and payable to the respective sellers in Wichita County, Texas. Fifty percent (50i„) of the amount due shall be payable to Wichita County Water Improvement District Number Two and fifty percent (507c) of the amount due shall be payable to the City of Wichita Falls, • unless otherwise modified by the Sellers. III. Seller hereby grants to Company easements and rights-of-way, together with rights of ingress and egress across adjacent lands of Seller, for the life of this con- tract and any extensions thereof for water intake structures and water discharge struc- tures, for water intake and discharge canal or canals and/or pipelines, pumping equip- ment, cables, and for dredging water intake and discharge canals, or ditches out into the lake and/or any other facilities necessary or desirable in tne opinion Companyof in order to take or transport water from the lakes to Company's power plant site and/or return said water from the power plant site back into the lakes, and intake and discharge structures will be placed in such locations as may be reasonably necessary to properly operate the facilities described. It is understood the dredging for water intake and dis- charge may extend out into the lake such distance as is necessary for proper plant operation. Seller further grants to Company easements and rights-of-way along, upon and across Seller's land in the Lake Kemp-Lake Diversion area, together with rights of ingress and egress across adjacent lands of Seller for the lice of this contract and any extensions thereof for construction, installation, operation and maintenance of such roads, railroads, water pipelines, fuel pipelines and transmission and distribution lines and facilities as may be necessary or desirable in Company's judgment for the construc- tion and operation of said pov.-er plant facilities. Plans is :.': bra i:nprove:.eats or modifications to the Lake (s) or Seller's land shall be furnished to the City's Director of Public Utilities, or his successor, and the Water District's General .Manager, or his successor, and approved without delay by Seller's respective governing bodies. G- Such approval shall not be unreasonably v.ith held. Such easements and rights-of-way unreasonably shall not/Interfere with Seller's canals, structures or equipment or Seller's operation of said Lakes. This agreement shall continue for a term of Sixty (00) years from the date hereof; provided, however, that Company at its option, may, by written notice to Seller one (1) year prior to expiration of the initial term hereof, extend its rights under this contract for an additional term of Ten (10) years. V. This contract is binding on the Seller and also is binding on the Company, its successors and assigns, and either party hereto may compel specific performance thereof. Company may assign its rights under this contract to others in whole or in part, so that its assignees assume, pro rata, Company's obligations to Seller and succeed to Company's rights under this contract, and, upon such assignment of its rights, Company shall be relieved of further liability to make payments under this contract to the extent that its assignee (s) fulfills its obligations under this contract. I. Company shall have the right to terminate this contract upon written : e at any time. If Company iera inates this contract prior to January ' , 0 7 J, a cancel- Y lation payment equal to $800, 000 will bepaici,to the rs. If Company terminates this contract after January 1, 1070, C. any shall cal:cull:Ilion payment equal to the standby and/ • minimum charges in Paragraph ii, Scheduie . a:ld/or B. • of this con'"d which would otherwise have become due and payable during the following enty-four (24) month period. VI Company shall have the right to terminate this con- tract upon '.,;ritten notice at any time . I` Company terminates this contract by virtue of (a) the Ccmpa _ ' s after reasonable efforts and diligence , all necessary govern- 7- mental approval for the contemplated construction and opera- tion of an electric generating power plant or (b) some other condition or occurrence which makes such contemplated construc- tion and/or operation i-I as bie—o.r impossible , then the Company shall pay Seller a cancellation payment of $300 , 000 in addition to the remaining payments scheduled to become due during the calendar year of termination . If the Company terminates this contract for any other reason , the cancellation payment shall be equal to the standby and/or minimum charges in Paragraph II , Schedule A. and/or B . of this contract which would otherwise have become due and payable during the following twenty-four (24) month period . II. If the ability of either party to this Agreement to perform any covenant, agreement or requirement hereof shall be delayed, interrupted or prevented by any act, order, regulation or decree, by or of any governmental entity (other than that of the parties herein collectively referred to as Seller), act of God, strike or other concerted act of workmen, fire, flood, ex-plosion, act of military, sabotage or war, pipeline or equipment failure or other cause beyond the reasonable control of the party concerned, then such delay, interruption or failure shall not constitute default here- under or give rise to any cause of action for damages resulting therefrom and both parties will be excused from all contractual obligations hereunder for the duration of such delay, interruption or failure. If either party alleges the occurrence of force majeure to excuse non-performance hereunder, such party shall notify the other in writing of the commencement and cessation thereof and shall exercise clue diligence to overcome same and resume perforIllance. 8- VIII If Seller is unable to furnish all of the water needed by Company (up to 20 , 000 acre-feet per year) during any annual period, the Company shall pay the lesser of the following amounts : (a) the Minimum Annual Charge or (b) the amount due for the water actually consumed during such annual period plus 100 , 000 . • IX In order to make this contract fully binding both Seller and Company hereby certify that each has enacted such resolutions as may be required by law authorizing the execution of this contract by its officials heretofore stated. WITNESS TEE SIGNATURE of the City of Wichita Lulls, Texas, a Municipal Corporation, by its Mayor, hereunto duly authorized, and attested by its City Secretary; Wichita County Water Improvement District Number Two, acting by and through the President of its Board of Directors, and attested by the Secretary of its Board of Dir- colors, hereunto duly authorized and West Texas Utilities Company, a Texas Corpor- ation, acting by and through its corporate officers, hereunto duly authorized and under its corporate seal, in duplicate originals, this the day of Iii TIIE CITY OF \V"ICLIITA FALLS, TEXAS ATTEST: BY CITY CLERK MAYOR CITY A"1'"ITOI'LNEY VICIIIT A Ct)LN 1 Y \V:A'[101 IMPROVEMENT DISTIIICT NUM DRI; TWO 9- ATTEST: 13 Y sEcnETAily BOARD OF D11ECTWS LOA RD OF DIRECTORS ATTORNEY SELLER" WEST TEXAS UTILITIES CO. IPANY ATTEST: BY SECRETARY PRESIDENT ATTORNEY COI\IPANY" 10-- Residency Rule For purposes of this section " residence" means the true , fixed and permanent home of the employee or applicant for employment, to which whenever he is absent he has the intention of returning. The term "reside" as used in this section means lives at the residence . In accordance with Section 62 of the Wichita Falls City Charter city residents will be given preference in all appointments . Applicants who reside within thirty ( 30) miles of the corporate city limits may be hired and allowed to maintain residence outside the city limits if the labor market is such that quali- fied applicants cannot be found within the City . No applicant resi...ling outside the city limits may be employed without prior approval of the Division Director, Personnel Director and City Manager. Such approval will be based on the individual circum- stances involved and only if qualified applicants cannot be obtained ; ; from inside the city limits . The Personnel Director shall certify ! ' to the City Manager that the position has been requisitioned, the number of days the position has been vacant and that no qualified applicants from within the city limits has been submitted for consideration. Employees who have been granted permission to reside outside the . city limits prior to January 1 , 1977 may continue to reside outside the city limits . Employees who have permission to reside outside the city limits have been granted permission based on a specific residence address given at the time of approval . If any employee has moved from the residence address given at the time of approval and did not receive permission the employee will be given fifteen (15) days to request permission to continue residency outside the city limits . Approval will be based on the continuation of the hardship conditions that existed when approval was originally granted. If approval is not given the employee will have sixty 60) days to move inside the city limits . Failure to do so will . be cause for dismissal. Requests by employees to move their residence outside the city limits will be discouraged. Requests must be approved by the Department Head, Division Director, Personnel Director and City Manager. Approval will be contingent upon the individual circum- stances involved and will only be granted in cases of extreme hardship. The term "extreme hardship" is intended to mean any condition that is so severe that its continuation will have a significant and demonstrable effect on the employee ' s or his immediate family ' s well being . Once approval has been granted employees will not be allowed to move to another residence outside the city limits unless the move is necessitated by reasons beyond the employee ' s control such as the residence being condemned for right-of-way, etc. In no case may an employee reside more than 2- I thirty (30) miles outside the city limits. %ioiation of this section will be cause for dismissal . Employees who are residing outside the city limits as of January 1, 1977 and who have not been granted permission to do so will be given fifteen (15) days to request permission to continue residency outside the city limits . Approval will be contingent upon the employee establishing the fact that a hard- ship condition existed at the time of movin(r outside the city limits and that such condition continues to exist at the time of • this application. If approval is not given he employee will have sixty (60) days to move inside the cit limits . Failure to do so will be cause for dismissal_ . As a part of their working agreement, all emt):Loyees are required to provide their Department Head and Personnel Department with any change of residence address as soon as e;ossible after the change occurs . Falsification of residence address or failure to report change of residence address within thirty (30) days of such a change will be cause for dismissal. Any employee whose telephone number is considered a long distance number will be responsible for the cost of all calls originated by said employee. (e .g. employee calls in sick) . No employee residing outside the city limit..- shall be permitted to drive a city vehicle to and from his place of residence with- out permission of the Department Head, Director and City Manager. Such approval shall be contingent on the employee having to respond to emergency calls during normal off duty hours. Approvals must be filed in the employee ' s personnel folder. a1 ) THE STATE OF TEXAS Texas Water Development Board COUNTY OF TRAVIS Contract No . 03-7764 The Texas Water Development Board, hereinafter referred to as the Board, and City of Wichita Falls a duly organized political subdivision of tae State of Texas , hereinafter referred to as Cooperator, as participants in a Cooperative Water Resources Investigation Program sponsored by the Geological Survey of the United States Department of the Interior, hereinafter referred to as the Survey, hereby make the following contract and agreement : 1 . The Board, or the survey at the instance of the Board, shall perform the investigations listed in Attachment No . 1, which is made a part hereof, pursuant to the master agreement covering same between the Board and the Survey entitled "1977 COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCES IN TEXAS" and the Memorandum, a copy of which the Cooperator acknowledges having received , dated September 3 1976 from I. D. Yost, District Chief, Water Resources brvisqLon of the Survey, to the Board. 2. The estimated cost of the listed investigations is X7, 850 of which the Cooperator shall remit to the Board the sum 6T7- $3, 27.8 on demand after the 1st day of September , 1976, but under no circumstances later than February 28, 1977 . 3. In the event the funds are not available for the Board' s share of the costs , this agreement shall be null and void, and any funds contributed by the Cooperator shall be refunded in full. 4. In the event of major damage to any of the stations listed in Attachment No. 1 by floods or other causes , or in case it becomes desirable to move a station or stations to a new location, the cost of repairing such damage or moving such station will be mutually agreed upon by the parties hereto, and the Cooperator, if sufficient funds are available, shall contribute on the same basis as for other work provided herein. 5 . If the Cooperator fails to pay the Board the amount of money agreed upon in Paragraph 2 of this contract on or before February 28, 1977 , the Board shall have the option to cancel and terminate this contract by written notice to the Cooperator. If this contract is so cancelled and terminated prior to August 31, 1977, the Cooperator will be obligated to pay the Board for that portion of the contract price which the work and services already performed bears to the total work and services required under the contract, less any payment previously made or, as appropriate, the Board shall refund the unexpended portion of the Cooperator' s contribution or the portion thereof which the Board is not obligated to expend on work performed up to the date of termination. 6. This agreement may be amended as to work to be performed and consideration to be paid by advance written agreement of the parties . 7 . This agreement supersedes every previous cooperative contract between the Board and the Cooperator. In Witness' Whereof, the parties have caused this contract and agreement to be duly executed in triplicate, this the 31st day of August, 1976 . City of Wichita Falls TEXAS WATER DEVELOPMENT BOARD COOPERATOR By By I .t t James M. Rose Executive Director ATTEST: r te - , United Stites Department of the Interior I:"`-._i GEOLOGICAL SURVEY4, Atha 7 ,%° WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 8TH STREET AUSTIN, TEXAS 78701 September 3, 1976 ATTACITh ENT NO. 1 Cooperative agreement between CITY OF WICHITA FALLS, Texas Water Development Board, and U.S. Geological Survey for the State fiscal year ending August 31, 1977. Program Descriptinn S IA) I. Surface-Water Investigations A. Operation and maintenance G. LLI followingLLb 0L CU111L£IJ and reservoir-content stations: 07314500 Little Wichita River. near Archer City, .Tex. 07314800 Lake Arrowhead near Henrietta, Tex. 07314900 Little Wichita River above Henrietta, Tex. Total program costs 7,850 City of Wichita Falls share------$3,218 TWDB share 707 USGS share 3,925 r„r 4 • i'