Loading...
Min 08/01/1978673 Wichita Falls, Texas Memorial Auditorium Bldg. August 1 , 1978 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Hardy McAlister Fred E. Bassett Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Jack Lee, Highland Heights Baptist Church. Items 4a through 8b Moved by Alderman Smith that Items 4a through 8b be passed. Motion seconded by Alderman Bassett. Item 4a ORDINANCE NO. 3341 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 4b ORDINANCE NO. 3342 ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF ORDINANCES ON OCTOBER 7 , 1978 FOR ANNUAL SIDEWALK ART SALE IN THE CENTRAL BUSINESS DISTRICT. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 5a RESOLUTION NO. 2191 RESOLUTION ACCEPTING THE CONSTRUCTION OF A TENNIS COURT AND BASKETBALL COURT AT LYNWOOD EAST PARK AND A TENNIS COURT AT SCOTLAND PARK. WHEREAS, heretofore the City of Wichita Falls and Duke Concrete Construction Co. entered into a contract dated April 3, 1978, wherein the contractor agreed to construct a tennis court and basketball court at Lynwood East Park and a tennis court at Scotland Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications ; and, WHEREAS, the total contract price for this work is $25,614.72, of which $23,053.25 has been paid to the contractor, leaving a balance of $2,561 .47. 674 Item 5a, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the tennis court and basketball court at Lynwood East Park and the tennis court at Scotland Park is accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the balance due of $2,561 .47. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 5b RESOLUTION NO. 2192 RESOLUTION APPROVING CHANGE ORDER #2 AND FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF SANITARY SEWER FACILITIES SERVING GENERAL MOTORS PLANT. WHEREAS, the City of Wichita Falls and Rhode Pipe Company, as contractor, entered into a contract dated September 8, 1977, wherein said contractor agreed to construct sanitary sewer facilities to serve General Motors Plant; and, WHEREAS, said construction has been completed in accordance with plans and specifications; and, WHEREAS, Change Order #2 and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $100,902.00 of which $87,958.30 has been paid , leaving a balance of $12,943.70 to be paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the sanitary sewer facilities to General Motors Plant is accepted by the City of Wichita Falls , the Change Order #2 and Final Estimate are approved , and the City Manager is directed to pay to the contractor the amount shown on such estimate. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 5c RESOLUTION NO. 2193 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING INSTALLATION OF HIGH PRESSURE SODIUM LIGHTING IN THE CITY OF WICHITA FALLS. WHEREAS, the City of Wichita Falls and Lloyd Thomas Co. , Inc. agreed to install High Pressure Sodium Lighting and remove existing Mercury Vapor lighting in various areas of the City of Wichita Falls ; and, WHEREAS, said installation and removal has been completed in accordance with the plans and specifications ; and, WHEREAS, the contractor has submitted the final estimate on this project, which final estimate shows a total amount of work done as $3,956.25; and , WHEREAS, the amount of $3,956.25 is now due the contractor for work performed under the contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The removal of existing mercury vapor lighting and the installation of High Pressure Sodium Lighting in various areas of Wichita Falls , Texas is accepted by the City of Wichita Falls , the final estimate is approved, and the City Manager is directed to pay Lloyd Thomas , Co. , Inc. the balance due as shown on such final estimate, a copy of which is attached hereto. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None 675 v Item 6a Permission was granted to advertise for bids for 1978 Reconstruction and Overlay Program. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 6b Authority was granted to advertise for bids for an annual supply of antifreeze. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None v Item 6c Authority was granted to advertise for bids for movable storage forms for data processing. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 6d Authority was granted to advertise for bids to move two buildings located on Sheppard Air Force Base to Lynwood East and Jalonick Parks. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None v, Item 6e Permission was granted to advertise for bids for restroom-concession stand at Spudder Park. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 7a-e Minutes of the meetings of the following boards and commissions were received. a. Park Board - July 25, 1978 b. Electrical Examiners - July 11 , 1978 c. Planning Board - July 12 , 1978 d. Design Review Commission - July 20, 1978 e. Traffic Safety Council - June 24, 1978 Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 8a A public hearing on hazardous structures was set for September 5, 1978. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 8b Tax adjustments numbers 685 through 712 were approved in a total amount of $1 ,457.10. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None 676 Item 9a The public hearing was opened on hazardous structures. W. L. Stanford, 3043 Cunningham, inquired why he was ordered to appear. Preston McBee, Housing Code Enforcement Officer, explained that he had previously requested Mr. Stanford to either secure or demolish the building and clean up the lot of lumber. Mr. Stanford stated that there have not been any weeds or tall grass on that lot since early spring. Doors were put on yesterday. The lumber is about 100 feet away from the building. Mr. Stanford stated that a packer truck nas been turning around on the church property. Two refuse cans were backed over by the Sanitation Department. There has been no effort by the City to level the ruts. Ninety percent of the lumber has been removed which was on the lot. The remainder of it will be removed either this coming Saturday or Saturday week. He would like for the ruts to be leveled, and payment for one light duty trash can and one heavy duty can. He also complained that asphalt was dumped on his property by the City, and trash is not picked up when Sanitation department workers drop it. City Manager Gerald Fox informed Mr. Stanford that he would look into the Sanitation department complaints. It appears that he has met the terms of the ordinance on securing the building. Mr. McBee noted that weeds are around the lumber. Mr. McBee noted that Billups of Houston has sent a $200 check to take care of removing and securing the building and cleaning it up. Mr. Pavlas will take care of it. Jimmie Goins , 212 Travis , appeared regarding his property at 109-117 Duncan. He stated that he would clean it up when he has time. The City wants him to demolish it. Mr. McBee stated that if there are other arrangements which he has made, their department would like to know about it before the public hearing. He stated that this has been a source of complaint that a white man has been allowed to maintain this property in this manner in the black part of town. Mr. Goins produced a paper in which the Municipal Court has ordered that it be cleaned up by December 1 , 1978. Ed Ilschner stated that this property at Duncan and Reilly is a hazardous intersection for sight clearance. Trees, fence line, weeds , etc. needs to be cleaned up immediately. Melvin Cohee appeared for property at 706 Fort Worth. He lives in Kansas City, and has not seen the property in about a year. The City Manager explained that the ordinance requires him to either remove or make it habitable within 30 day. Mr. McBee stated that windows are knocked out, and it is in a state of disrepair. He requested that it be secured and kept secured until he gets the work done within 30 days. Shirley Butler appeared as Office Manager of Barnes Maintenance, for property at 1204 Grace. She requested a 90-day extension. They have taken out a building permit. The rear structure has been secured , and the staircase removed. Mr. McBee did not see any reason to give them additional time. He believes 30 days is enough. Mrs. Butler stated that they have had a juvenile problem over there. Mr. McBee stated that they probably need a separate permit for each building, and to check with Mr. Van Loh. He also requested that the building be secured if they cannot repair, restore, or demolish it for a while. The public hearing was closed. V ORDINANCE NO. 3343 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 3343 be passed, giving Mr. Goins until December 1 to clean up his property, and deleting Billups of Houston and Ray Barnes from the ordinance. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None A group of Boy Scouts from Floral Heights Methodist Church were recognized by the Mayor. Troop One includes the son of Alderwoman Russell . Item 10a James Armendarez was recognized as Employee of the Month. 677 Item 11 a A proposed appreciation ordinance was presented to fund overtime costs attributed to excessive equipment downtime, and for price increases of two alley side loader sanitation vehicles. Ernest Lillard stated that the equipment will be delivered sometime this month. ORDINANCE NO. 3344 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Bassett that Ordinance No. 3344 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 12a The Board of Health has recommended deletion of the requirement for a chest x-ray to obtain a food handler's card on the basis that tuberculosis is not transmitted from a food handler to a customer. Establishment of a food handler training course is recommended. iORDINANCE NO. 3345 ORDINANCE AMENDING SECTION 16-31 AND SECTION 16-32 OF THE CODE OF ORDINANCES, DELETING THE REQUIREMENT FOR CHEST X-RAY FOR FOOD HANDLERS, AND ESTABLISHING A FOOD HANDLERS' TRAINING COURSE. Moved by Alderman Bassett that Ordinance No. 3345 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 12b A proposed ordinance was presented changing impoundment, boarding, and license fees in Animal Control . ORDINANCE NO. 3346 ORDINANCE AMENDING SECTIONS 5-10, 5-40 and 5-118 OF THE CODE OF ORDINANCES, TO INCREASE THE IMPOUNDMENT, BOARDING AND LICENSE FEES FOR ANIMALS. Moved by Aldermen Bassett that Ordinance No. 3346 be passed. Motion seconded by Alderman McAlister. Dr. Aubrey Cox, Acting Director of the Health Unit, explained that he does not feel it is proper to charge some of the fees which have been suggested. If fees are charged they should be enforced for all animals , and not just those which are impounded. He stated that utility costs would be decreased , as well as more availability of one of the workers to pick up animals by having the Humane Society take over the pound. Alderman McAlister stated that licensing is a joke. There are many complaints about animals running loose in the City. If we are in the animal control business , it should be on a self-subsidizing basis. There is no way to apprehend animals the way the ordinance is written. The City Manager stated that as of today, the interpretation of the ordinance is that an animal can be picked up anywhere that it is not on a leash. Tom Edmondson stated that some cities are doing a better job than we are because they spend more money on animal control . Toni De Stephano, of the Humane Society, stated that the animals which are unadoptable will be destroyed. Those adoptable will be spayed or neutered, and will be V checked as far as space, fence, and housing is concerned. She feels there should be a fine for those who do not take care of their pets. The fee should be high enough to get kheir attention. It was noted that veterinarians charge $3.00 per day for straight boarding, and $5.00 per day for rabies observation. 678 Item 12b, cont'd. The motion was carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Thomas , Adcock, and Alderwoman Russell Nays: Alderman Smith V Item 12c A proposed ordinance was presented prohibiting possession and consumption of alcoholic beverages at Loch Lomond Park. Alderman Smith stated that the Park Board went into this matter as a parks issue and not from a moral or religious view. They discussed problems with spectators and casual users of alcohol . Some parents were afraid to send their children to the parks. The parks director and supervisors feel that the problem is growing. The Park Board voted to ban drinking in Loch Lomond Park since it was near a residential area. We need to have some way to have an enforceable law such as signing, total ban, or something else. A motion was made by Alderman McAlister and seconded by Alderman Thomas to prohibit possession and/or consumption of alcoholic beverages in Loch Lomond Park. Carl Hall , 4705 Nursery, appeared as Chairman of the Park Board. He stated that he feels their recommendations should be considered. He presented a report to each alderman. He stated that the umpire association has stated that they have not had an incident happen at their ball games. He believes they should take the rest of the season to look into the drinking and use of the parks in the city. They would like to come back to the Council at the end of the year with a recommendation in total . Alderman Bassett noted that we have an inconsistent policy in our parks as far as drinking is concerned. A substitute motion was moved by Alderman Bassett that an ordinance be prepared banning the possession and/or consumption of alcoholic beverages in all city parks except at Lake Arrowhead, including the golf course, and that signs be posted. Motion seconded by Alderman Adcock. Alderwoman Russell stated that because of inconsistency she is not in favor of such a motion. Neither were Aldermen McAlister, and Thomas. Alderman Adcock inquired what would hinder the Park Board from making the study in total without the present confusion of having part of the parks exempted and part of them not exempted? Norma Crane, 2604 Amherst, appeared as a member of the Park Board. She requested that it be left as it is now, and let them study it, and possibly clear up all problems at one time. W. L. Stanford, 3037 Cunningham, stated that for a number of years no alcoholic beverages were allowed in Scotland Park. Over a period of years it became so bad that he would not permit his children to go to the park. He was raised in that area. Men would use the restroom right out in the street. He stated that city employees have been intoxicated at the ball parks. He has seen persons go from the ball park into the remainder of the park. He would be in favor of banning all alcoholic beverages in parks. Carl Hall inquired why Mr. Stanford had not come to the Park Board when they were making their study; that Leo Cook had appeared. Mr. Stanford stated that he was not aware of the meeting. Alderman Smith stated that he was not aware of any public appeal from the Park Board. Alderman Smith also noted that Leo Cook stated that whether beer was allowed or not, it would not make any difference in their crowds. Alderman McAlister stated that without even giving them an opportunity to follow through, we are going to pre-judge. Alderman Bassett noted that he had not said one thing about them not continuing their report. Mayor Hill stated that he would not want to not have a law because we are afraid the police cannot enforce it. Mrs. Crane stated that some of the problems are coming from parks where it is banned. Their feeling is that they are compounding a situation rather than alleviating it. Alderman Bassett stated that parks are for everyone. Why should those who are opposed to these things be subjected to it? Alderwoman Russell was concerned that this report presented by Mr. Hall was not previously made available to the Council . There was also no reference to it in the memorandum. It seems a frightening lack of communication. All they are asking for is a time extension to complete the study which they have started. 679 Item 12c, cont'd. Alderman Adcock stated that when Bill Hursh came to them with some problems, they have some responsibility to that. He feels it would help him to make a decision if there were no confusion as to what parks alcoholic beverages are allowed in. The City Manager explained that Mr. Hursh's comments were with the baseball diamonds in Scotland and Hamilton Parks. Alderman Adcock stated that if it could be a problem in those parks then it could be a problem in all parks. The substitute motion carried by the following vote: Ayes : Mayor Hill , Aldermen Bassett, Smith, and Adcock Nays: Aldermen McAlister, Thomas , and Alderwoman Russell Later on during the meeting the following motion was made. Moved by Alderman Bassett that the Municipal Golf Course be excluded from his original motion pertaining to ban of alcoholic beverages in city parks. Motion seconded by Alderman Thomas, and carried unanimously. Item 12d Discussion was held on a proposal to regulate sale and display of indecent materials to minors. City Attorney H. P. Hodge, Jr. explained that he would not be comfortable making a recommendation today, stating that he has not been able to satisfy himself that it is not in conflict with a state law which we have on the books. Moved by Alderman Thomas that we postpone action until October 3 so that the City Attorney can brief it further. Motion seconded by Alderman McAlister. Fred Lowder appeared for Jiffy Food Stores. He suggested that all people involved in distribution of this material be given adequate opportunity to have input into this matter. He stated that their policy is not to sell this material to children. The motion was carried unanimously. Item 12e A request for waiver of front and side yard requirements in Fountain Park was presented. The Planning Board had previously voted to approve the plat. Steve Ondrejas, Director of Planning, opposed the plat because two lots were requested to be platted without facing on a public street. There would also be no set back requirements. This area is located East of Gibson' s Store off Kell Boulevard. Keith Nelson appeared representing Michael Lam, of Skyline Developers, and two local businessmen who intend to buy this land. He stated that Parker Square Shopping Center does not have one ownership. He stated that they have cross easement provisions , which are binding all down the line. This is a commercial area, and not residential . ORDINANCE NO. 3347 AN ORDINANCE WAIVING FRONTAGE AND SIDE YARD REQUIREMENTS ON CERTAIN PROPOSED LOTS IN FOUNTAIN PARK, A SUBDIVISION OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Adcock that Ordinance No. 3347 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13e Alderman Smith reported on the contract which they have discussed with Olney. They set a tentative rate of 172 cents per 1 ,000 gallons. The City Staff has been asked to draw up our costs to provide this service, as well as securing comparative rates from other cities. A temporary water rate is proposed as set out in Section 2.0 of the contract. 680 Item 13e, cont'd. Al Myers, Mayor of Olney, stated that they will accept whatever the Council thinks is fair, and will pay whatever they decide. They would prefer a ten cent rate, but will accept whatever they decide. Gene Probst, Engineer, stated that the ten cent figure came from a city staff member, and not from Olney. Alderwoman Russell inquired concerning Section 7.0, if we should have to ration water within our own city limits , do we want to continue the contracts? Alderman Smith stated that he does not see any problem with our water supply. Even with no more rain we have a seven-year supply at Lake Arrowhead, and three years at Lake Kickapoo. This does not take evaporation into consideration, however. Alderman McAlister stated that he has no objection to the contract as it is written today. He had previously objected to the rate, but does not have any objection to the temporary rate of 172 cents , provided we come up with a permanent rate prior to January 1 , 1979. He is concerned with what we charge for both raw and treated water. v RESOLUTION NO. 2194 RESOLUTION APPROVING CONTRACT FOR SALE OF RAW WATER FROM LAKE KICKAPOO TO THE CITY OF OLNEY, TEXAS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain water purchase contract, a copy of which is attached hereto, between the City of Wichita Falls and the City of Olney, Texas, whereby the City of Wichita Falls agrees to sell to the City of Olney raw water from Lake Kickapoo, is hereby approved , and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2194 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Alderman Adcock left at this time. The City Manager noted if there would be any inclination on the part of the Council for a consultant to study water rates, this might be the time to consider it. The Mayor suggested that the Council look at it later. Item 14b Herbert Wagnon and Bill Warren appeared concerning set back requirements on Speedway. They objected to the construction of an apartment building on Speedway. They desire the building to be set back 58 feet. Steve Ondrejas, Director of Planning, stated that he does not have a recommendation because the property can be developed at either 25 or 58 feet set back. City Attorney H. P. Hodge, Jr. stated that the Planning Commission is created by the State. This matter was presented to the Planning Board. The subdivision ordinance considers the matters of set back lines. When the Planning Board acts within the guidelines which the Council has furnished them, then he does not believe the Council has the authority to overrule them in the matter of approving plats. It the Council desires to have final authority on plats, then they can pass an ordinance to this effect. They cannot act on individual cases ; it would have to be on each and all of them. Herbert Wagnon inquired if it were true that the Planning Board would have no authority to deny construction in this area? The City Attorney stated that they are the last authority in the approval or disapproval of plats--not what the land will be used for. 4. Steve Ondrejas stated that since the Planning Board has approved a plat, the contractor would be able to get a permit if he has filed the plat. Joe Turnbow, 4404 Nassau , stated that when he presented the plat with a 15-foot setback, he went back and they set it back 58 feet. They did not tell him that he could have a 25-foot setback. He stated that 20 parking spaces will be provided. Keith Nelson, Attorney for Mr. Turnbow, stated that planning board members stated that 681 Item 14b, cont'd. 25 feet is the standard setback, and they felt they were bound by that. (This explanation was given in response to Alderman McAlister's question as to what prompted the Planning Board to change its mind) . Herbert Wagnon stated that they would not object to a 15-foot setback if Mr. Turnbow wanted to build a town house. Bill Warren stated that they have been informed that the developer does not have to develop the site plan which has been approved. The City Manager confirmed this as long as he meets all setback requirements. The City Attorney stated that if the plat has been filed for record, it is probably past any further action of the Planning Board. The Council agreed that they have no authority to act. The Board of Aldermen recessed at 1 :10 P.M. , and resumed at 1 :40 P.M. Item 12f A request was presented by John Hirschi for waiver of sidewalk requirements in Ironwood Estates. The Council did not desire to waive them. Item 12g M. C. McGee, 2715 Elmwood, appeared as Division Manager of Southwestern Bell Telephone Company. He requested an extension of their street rental franchise ordinance. The Public Utilities Commission is expected to hand down a ruling possibly tomorrow. It is possible that they will permit the telephone company to separate the gross receipts tax charge to the customers on their bills. He requested an extension of Ordinance No. 2138 through September 30, 1981 . ORDINANCE NO. 3348 ORDINANCE ALLOWING THE EXTENSION OF ORDINANCE NO. 2138, WHICH AUTHORIZED SOUTHWESTERN BELL TELEPHONE COMPANY TO ERECT AND MAINTAIN POLES, WIRES AND OTHER FACILITIES ALONG PUBLIC STREETS AND OTHER PUBLIC PLACES, FOR A PERIOD ENDING SEPTEMBER 30, 1978. Moved by Alderman McAlister that Ordinance No. 3348 be passed. Motion seconded by Alderwoman Russell . It was Alderman Bassett's desire to get away from short term agreements , and suggested a five-year agreement. They will work on a contract as soon as the ruling is received. The motion was carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 12h was removed from the agenda. (Request for sale of alcoholic beverages in West Arrowhead Park on September 3, 1978. Item 13a A proposed resolution was presented authorizing the City Manager to execute an agreement for railroad crossing passive warning devices. RESOLUTION NO. 2195 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AUTHORIZING PLACEMENT AND REPLACEMENT OF PASSIVE WARNING DEVICES AT PUBLIC RAILROAD GRADE CROSSINGS. WHEREAS, the interface between a vehicular roadway and a railroad crossing constitutes a hazardous location, and ; 682 Item 13a, cont'd. WHEREAS, the safety of the citizenry is of primary importance, and; WHEREAS, the State Department of Highways and Public Transportation has developed a program in compliance with Section 203 of the Highway Safety Act of 1973 to inventory and improve passive protection at public railroad crossings in the State of Texas , and; WHEREAS, no city funds will be required to participate in said program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized and directed to execute an agreement with the State Department of Highways and Public Transportation indicating the City of Wichita Falls ' participation in a program which will provide passive warning devices at public railroad crossings in conformance with the standards specified in the Texas Manual on Uniform Traffic Control Devices. Moved by Alderman McAlister that Resolution No. 2195 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 13b A proposed resolution was presented authorizing purchase of high pressure sodium vapor lighting system from Texas Electric. RESOLUTION NO. 2196 RESOLUTION ACCEPTING FROM TEXAS ELECTRIC SERVICE COMPANY BILL OF SALE FOR 116 HIGH PRESSURE SODIUM VAPOR LIGHTING SYSTEM, AND AUTHORIZING THE PAYMENT OF $14,146.54 FOR SAME. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Bill of Sale, whereby Texas Electric Service Company conveys to the City of Wichita Falls a 116 high pressure sodium vapor lighting system, is hereby accepted, and the City Manager is authorized to pay Texas Electric Service Company the sum of $14,146.54 for such Bill of Sale. Moved by Alderman Thomas that Resolution No. 2196 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13c A proposed resolution was presented accepting Land Use Element and Housing Element. RESOLUTION NO. 2197 A RESOLUTION ACCEPTING THE LAND USE ELEMENT AND HOUSING ELEMENT AS INTERIM GUIDES TO URBAN GROWTH AND DECISION MAKING UNTIL THE ADOPTION OF THE COMMUNITY DEVELOPMENT PLAN, 1980-2000. WHEREAS, the comprehensive planning process provides the basis for coordination of the various areas of urban growth; and, WHEREAS, the Land Use Element and Housing Element are parts of the Community Development Plan, 1980-2000; and, WHEREAS, the Planning Board has accepted these elements as interim guides to urban growth and decision making. 683 Item 13c, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Land Use Element and Housing Element are hereby accepted as interim guides to urban growth and decision making until the adoption of the Community Development Plan, 1980-2000. Moved by Alderman McAlister that Resolution No. 2197 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13d A proposed resolution was presented approving agreement for reimbursement for sewer connections with S.A.S. Building Corporation, developer of Rolling Hills Subdivision south of Memorial Stadium. I/RESOLUTION NO. 2198 RESOLUTION APPROVING AGREEMENT WITH S.A.S. BUILDING CORPORATION PROVIDING FOR REIMBURSEMENT FOR SEWER CONNECTIONS. 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 and S.A.S. Building Corporation, which provides for the reimbursement to S.A.S. Building Corporation of sewer connection fees for connecting to the lift station and force main constructed by S.A.S. Corporation, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2198 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None LItem 13f A proposed resolution was presented approving a fiscal note requirement policy. RESOLUTION NO. 2199 RESOLUTION ADOPTING A POLICY TO REQUIRE THE PREPARATION OF A FISCAL NOTE TO BE ATTACHED TO ALL PIECES OF LEGISLATION COMING BEFORE THE BOARD OF ALDERMEN WHICH HAVE FISCAL IMPLICATIONS. WHEREAS, many policy issues considered by the Board of Aldermen have revenue, expenditure and other fiscal implications; and, WHEREAS, the Board of Aldermen and public should be fully award of such fiscal implications of proposed policies prior to the consideration of them; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . It is hereby declared to be a continuing policy of the City of Wichita Falls that a fiscal note be required to be attached to all pieces of legislation coming before the Board of Aldermen which have fiscal implications; and 2. Such fiscal note shall be prepared by the appropriate department or division of the City; and 3. The fiscal note should contain the following information; a. Total probable cost of administering or enforcing the legislation. 684 Item 13f, cont'd. b. Probable costs for personnel , goods, services and capital outlay to carry out the legislation. c. Amount of revenue that would be raised or lost as a result of the legislation. d. Funding sources which would be utilized to meet any difference between revenue and expenditures in carrying out the legislation; i .e. , local , state, federal funds , etc. e. Would the legislation affect the expenditures of other governmental agencies or entities; and 4. The fiscal note shall be prepared for fiscal implications during each of two years following the effective date of the legislation. Moved by Alderman Thomas that Resolution No. 2199 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 13g A proposed resolution was presented changing the time of the special council meeting to be held on August 8 to 2:00 P.M. instead of 10:00 A.M. RESOLUTION NO. 2200 RESOLUTION AMENDING RESOLUTION NO. 2179, WHICH DIRECTED THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE REVENUE BONDS, TO CHANGE THE TIME OF THE SPECIAL MEETING ON AUGUST 8, 1978 TO 2:00 O'CLOCK P.M. WHEREAS, on July 11 , 1978 the Board of Aldermen adopted Resolution No. 2179, which directed the publication of notice of intention to issue City of Wichita Falls Water and Sewer Revenue Bonds , Series 1978, which notice referred to a special meeting of the Board of Aldermen to be held at 10:00 o'clock A.M. on August 8, 1978; and, WHEREAS, it has become necessary that such special meeting be held at 2:00 o'clock P.M. on August 8, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2179 is hereby amended to provide that such notice of intention shall refer to a special meeting of the Board of Aldermen to be held at 2:00 o'clock P.M. on August 8, 1978; and publication of such notice, heretofore made, which referred to the time of such special meeting as 2:00 o'clock P.M. is hereby ratified and confirmed. Moved by Alderman Bassett that Resolution No. 2200 be passed. Motion seconded by Alderman Thomas, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Item 13h A proposed resolution was presented authorizing final payment on Martin Luther King Center. v RESOLUTION NO. 2201 A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT TO MEYERS BROS. , INC. FOR THE MARTIN LUTHER KING MULTI-PURPOSE CENTER. WHEREAS, the Board of Aldermen accepted substantial completion of the Martin Luther King Multi-Purpose Center; and 685 Item 13h, cont'd. WHEREAS, the contractor expects to complete all remaining items prior to the September 5, 1978 Board of Aldermen meeting; and WHEREAS, the City Manager will remain fully informed of the status of the building and will inspect the building before final payment is made. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to make final payment of $21 ,446.25 to Meyers Bros. , Inc. for construction of the Martin Luther King Multi-Purpose Center upon his certification that the building has been completed in accordance with the plans and specifications. Moved by Alderman Thomas that Resolution No. 2201 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None k/Item 13i A proposed resolution was presented authorizing a concessionaire at West Arrowhead Park. v RESOLUTION NO. 2202 RESOLUTION AWARDING CONTRACT FOR CONCESSION OPERATIONS AT WEST ARROWHEAD PARK ON SEPTEMBER 3, 1978. WHEREAS, Monty Bearden has requested permission to act as concessionaire at West Arrowhead Park on September 3, 1978, and has agreed to pay City twenty-one percent of the gross sales. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such request of Monty Bearden is hereby granted, and the City Manager is authorized to execute a contract with him for concession rights at such park on September 3, 1978. Moved by Alderman Thomas that Resolution No. 2202 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None jI tem 14a Gerald Carlson, Chief Accounting Officer, recommended engagement of auditors for Section 8 Housing Assistance Grant and Comprehensive Planning Grant. Requests for proposals for audit services were previously sent to eight auditing firms. Only one proposal each was received, as follows. Section 8 Housing - Mathis , West, Huffines & Co. , C.P.A. 's--Maximum fee-$3,500.00. Comprehensive Planning - Jarratt, Tillery, & Hupp--Maximum fee-$1 ,650.00 Mr. Carlson recommended award of these bids. Moved by Alderman Bassett that the bids be awarded as recommended. Motion seconded by Alderman Thomas , and carried unanimously. Item 14c The following appointments to various boards were made. 686 Item 14c, cont'd. Moved by Alderman Thomas that Mrs. Broyles Hall , Mrs. Charles Harper, and Lt. Colonel Joseph Koncelik be appointed to the Public Responsibility Committee to Mental Health-Mental Retardation Center. Motion seconded by Alderman Smith, and carried unanimously. Moved by Alderman Thomas that Carol Russell be appointed as a liaison to the Design Review Commission. Motion seconded by Alderman Bassett, and carried unanimously. Moved by Alderman Bassett that Tim Fambrough be appointed to the Planning Board for a term to expire May 23, 1980. Motion seconded by Alderwoman Russell , and carried unanimously. Item 14d Alderman Smith mentioned a letter he had received from Longhorn Trailer Company regarding street paving. Ernest Lillard responded to the letter, and explained that it is being considered, but that the cost of drainage in this area will be a problem. City Attorney H. P. Hodge mentioned the taxpayers initiative petition which had been presented earlier, stating that after further research the deadline for consideration by the Board of Aldermen would be September 9 instead of September 11 . The Council instructed the City Clerk to change the minutes of July 11 to reflect September 9 instead of September 11 . Rubie Newton, 502 Austin, discussed some personal problems in her neighborhood relating to a platform for garbage cans in the alley. The City Attorney stated that he would check to see if there is a municipal problem involved. She also stated that her neighbors were going to build a fence around their front yard, which she objected to. She also mentioned a lot across the street at 501 Austin, owned by Mr. Barnes, which is in bad condition. The City Manager explained that they could take a look at it as far as health and hazardous structure ordinances are concerned. She also mentioned recent rapes in the city. The Board of Aldermen adjourned at 3:00 P.M. PASSED AND APPROVED this „OIL day of U 1978. MAYO' ATTEST: CITY C ERK k)Y7) THOMAS CO. , INC. w(12 Ja.cksbo ro I fighway ICE[ITA VA td S, '['ERAS CONSTRUCTION ESTIMATE OWNER CITY OF WICHITA FALLS Project SL-CP77 Estimate No. 1 & FINAL Estimate Period Ended July 24, 1978 Amount of Contract 3,956.25 ITEM I UNIT EST. QUAN. WORK DONE PRICE AMOUNT w Install High Pressure Ea.. a 116 116 29.00 $3,364.00 Sodium Luminaires & Lamps + f Remove Existing Mercury Vapor Luminaires and a Ea. 103 103 5.75 592.25 Lamps 1 i APPROVED BY: /. _ % < - Amount of work done to date $3,956.25 Ed Ilschncr, Jr. , P. E. Director of Traffic and Less Previous Paymens 0- Transportation Amount Due this Estimate 3,956.25 Less Misc. Charges 0- 4, Paid Check No.Date 7/23/78 WATER PUR..E SZ CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the 1st day of ,a,u ,;; ;j 1978 , between the City of Wichita Falls , Texas hereinafter referred to as the City" , and City of Olney, Texas , hereinafter referred to as Olney" . WITEiSS TE : WHEREAS , Olney is organized and established under provi- sions of the laws of the State of Texas . One of the duties of Olney is the construction and operation of a water supply and distribution system serving water users within the corporate limits of Olney and to accomplish this purpose , Olney will require a supply of raw water; and , WHEREAS , the City owns Lake Kickapoo, a water reservoir with capacity capable of serving the present customers of the City system and the estimated number of water users to be served by Olney; and, WHEREAS , by Resolution No. 2194. , enacted on the ls± day of August by City, (Attached hereto as Exhibit A" ) , which- authorized the City to sell raw water to Olney; and, WHEREAS , Olney will operate a water treatment and distribu- tion system, and serve its customers ; and, WHEREAS , by resolution of the City Council of Olney Attached hereto as Exhibit "B'' ) , enacted on the day of 1978 , such City Council of n,_ thorized pur- chase of raw water by Olney from the City in accordance with the terms set forth in the said resolution and further authorized execution of this contract. NOW THEREFORE , k. NO 7 N '1Y THESE ESEA. m THAT1U'V 111E IW F 1 , lulu l..'T V ALL KEN EY i i1..:L,iJ1S , ....i:l.l nor value received, the City and Olney mutually free to the follow- ing; to-wit: Section 1. 0 : City will allow water (RA',,; WATER) to be diverted from Lake Kickapoo at the diversion point approved by the City, in sufficient quantities to meet Ol ney ' s needs for . resale to consumers , subject only to terms and provisions of this contract. Section 1 . 1 : Diversion point shall be at Lake Kickapoo, Texas , at a location mutually acceptable to the City and Olney. It is also the intent of Olney to construct an eight (3) inch above ground tranSmission line fro m Lake Kickapoo to Olney. Section 1. 2 : /iaximum amount of water to be diverted by Olney from Lake Kickapoo shall not exceed one million 1, 000 , 000) gallons per day unless a greater amount is approved in writing by the City. In the event of an extended emergency, City at any time will consider a roguesrequesL1 by Olney for an increase in the maximum amount of water to be furnished. For short emergency periods , Olney can draw extra water without having to make formal request, but only notification by telephone. Section 1 . 3 : Olney shall furnish, install, operate and maintain at its own expense at the diversion point , the neces- sary metering equipment, including a meter house or pit , and required devices of standard type for prope:. ly measuring and recording the quantity of water diverted from. Lake Kickapoo. Type and location of meter shall be agreed to by City and Olney prior to diversion of water. Olney shall calibrate such meter- ing equipment whenever requested by City hut not more frequently than once every twelve months. A meter registering not more than two percent (20) above or below the test result ' of the rated capacity of she meter shall be deemed aeeurate. The pre- vious reading of any meter disclosed by test tee be inaccurate shall be corrected for the twelve months previous to such tests in accordance with the percentage of inaccuracy found by such tests and existing records. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water diverted at the corres- ponding period immediately prior to the failure , based on exist- ing records , unless City and Olney shall agree on a different - amount. 2 e . 7/25/78 Section 1 . 4 : Five days prior to estimated date of comple- ti.on of construction of Olney water transmission line, Olney will notify City in writing the date of initial diversion of water. Section 1. 5 : When requested by Olney after metering equip- ment has been installed, City will agree to diversion of suffi- cient water for testing, flushing and trench filling the system during construction for which Olney will pay City at the rate of seventeen and one-half cents ($0 . 175) per one thousand gal- lons , or at the permanent rate if it has been established at the time of withdrawal. Section 1 . 6 : Locations and Easements -- The location of the proposed intake and pumping shall be approved by City. Easements for the pipelines across City property shall be acquired from City before any pipelines are constructed. Section 1 . 7 : Approval -- Pump station and pipelines must be approved by Texas State Health Department before any construc- tion. Section 2 . 0 : Olney shall ;Day to City ^orwater purchased hereunder at the rate of seventeen and one- hair cents ($0 . 175) per one thousand gallons . This water rate is subject to modifi- cation prior to January 1, 1979 based upon a contract water rate study now under way. Thereafter, the price shall escalate ten percent (10%) annually beginning January 1 , 1930. Section 2 . 1 :. The City will read the '- dater on the first day of each month during the term of this contract. Olney and City shall have free access to read meters daily if they so desire. City will provide Olney, no later than the 10th day of each month, with an itemized statement of the amount of water metered to Olney during the preceding month. Olney shall pay to City the amount of itemized statement for any month no later than the 20th day of the month for the preceding month' s usage. Section 3 . 0 : This contract shall have a term of three years from the date of the initial metering of water to Olney, J - a 7/25/73 with two options to extend the term hereof , each of the two extensions to be for a period of two years . Unless water is taken within two years from the date hereof, this contract .shall be void. At the end of the first year of the three year term, Olney shall give City a detailed written report of a study of their water supply problem;• at the end of the second year of the three year term, Olney shall give City a written report on the progress which they are making toward a solution. Section 3 . 1 : To exercise the first option for a two year extension, prior to the end- of the three year term Olney must furnish to City documentary evidence tha they have commenced work and made significant progress toward a permanent solution of the problem. This may consist of the awarding of a construc- tion contract, the commencement of construction: work under such a contract, the formation of a water district for the purpose of developing a water supply source, the filing and diligent prose- cution of an application with a state. agency for a permit to develop a water supply source , or some other actions which are satisfactory to the then ._Board of Aldermen of City, demonstrating that Olney is taking positive steps toward a permanent solution to their water supply problem. Section 3 . 2 : If the first option is exercised, at the end of the first year of the two year extension, Olney shall furnish City another written report on the progress being made toward a solution. Section 3 . 3 : To exercise the second option for a two year extension of the term of this contract, prior to the end of the first two year extension Olney must furnish to City documentary evidence that they have made substantial progress toward the accomplishment of the chosen solution to their water supply pro- blend, such as having completed work on a construction contract on a new water source of supply, or having completed a substantial part of the work on such a contract. Section 3 . 4 : Olney shall have the right to have an emer- gency extension of this contract beyond the total seven years 4 - 7/25/78 thereof, in the event that a construction project has not been finally completed, a new lake has not filled with water , or some other contingency exists in spite of the diligent efforts of Olney to have obtained a water source of supply prior to the end of such seven year period. Section 4 . 0 In the event Olney ' s present lakes should become eighty percent full during the term of this contract, Olney shall cease to take water from City under this contract until such lakes are less than fifty percent full. Section 5 . 0 : While Olney is taking water from City under this contract, Olney shall use whateve: water conservation mea- sures that they deem necessary and proper. The watering of trees and shrubs will be permissible to avoid loss of same. Section 6 . 0 : City may cancel this contract at any time during the life of the contract in the event Olney fails to make any payment due hereunder within sixty days after same becomes due; or, if Olney breaches any covenant herein other than payment of the monthly statement, and such breach continues for sixty days after City gives Olney written notice . thereof. Section 7 . 0 : It is distinctly understood between parties hereto that City owes its primary obligation and duty to the citizens of Wichita Falls; in the event of an extended shortage of water, or the supply of water available to City is otherwise diminished over an extended period of time so that it becomes necessary to raL_:.un water sold the cltize is ita Falls , the supply of water to -Olney ' s consumers shall be reduced or diminished in the same ratio or proportion as the supply to the citizens of Wichita Falls is reduced or diminished. Section 0 . 0 : This contract is subject to such rules , regulations , or laws as may be applicable to similar agreements in the State of Texas ; City and Olney will collaborate in obtain- ing such permits , certificates , or the like , as may be required to comply herewith. 5 - f4 7/25/78 Section 9 . 0 : Any amendment to this contract shall be in writing and executed by both City and Olney. Section 10 . 0 : Olney agrees to aid City i:• its sear ci7 for new water sources by affirmative testimony before the Water Resources Board, .or by other appropriate action. Section 11 . 0 : Olney agrees to notify City by letter of any significant progress towards new water sources from time to time as events unfold, but no loss often than every six months. Section 12 . 0 : In the event that any governmental agency attempts to change any of the provisio-7; contained herein,hen either party hereto shall have the right to terminate the con- tract. IN WITNESS WHEREOF, the parties hereto, gdC'ii under authority of their respective governing bodies., have caused this contract to be duly executed in three counterparts, each of which shall constitute an original. City of Wichita Falls , Texas 0 1,7, r a f yp- By: ff! +Y SyM:i;,y Frr .. 1 City Manage ATTEST: t'.14 A?;.;7- 9 Cit Clerk City of 0 ae By:w/ x,11/ Mayor • / ATTEST: 1; 4: City Secretary ) 4 6 - THE STATE OF TEXAS X COUNTY OF WICHITA X This agreement made and entered into by and between the City of Wichita Falls, Texas, hereinafter called City, and S. A. S. Building Corporation, hereinafter called Corporation, WITNESSETH: Whereas , Corporation has recently constructed a sanitary sewer lift station and force main to serve the Rolling Hills Subdivision and properties which are owned by Wichita Land Com- pany which are being developed into apartments; and, Whereas, such lift station and force main were designed to serve areas in addition to the properties owned by Corporation and Wichita Land Company; and, Whereas , this additional capacity of the lift station and force main is sufficient to serve an additional seventy-four lots; and, Whereas, City has taken over the ownership and operation of such lift station and force main, and it is contemplated that seventy-four properties will be allowed to connect to the lift station and force main in order to use this excess capacity. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANT AND AGREEMENTS HEREIN CONTAINED, City and Corporation do hereby agree as follows : 1. Corporation grants and conveys to City such lift sta- tion and force main, in accordance with the provisions of the Subdivision Ordinance of City. 2 . Whenever the owner of a tract of land desires to connect such tract into such lift station and force main, City shall col- lect from such owner a connection fee of one hundred dollars for a single family residence or the equivalent thereof; such fee shall be reimbursed by City to Corporation when such fee is received. No such fee shall be charged for the connections by lots in Rolling Hills Subdivision and the properties owned by Wichita Land Company which the lift station and force main were constructed to serve. IN WITNESS WHEREOF, this agreement is executed this the day of August, 1978. City of Wichita Falls, Texas BY: City Manager ATTEST: City Clerk S. A. S. Building Corporation BY: President ATTEST: Secretary 2 -