Min 07/23/1990 516
Wichita Falls , Texas
Memorial Auditorium Building
July 23, 1990
Item 1
The City Council of the City of Wichita Falls, Texas, met in called session
on the above date in the Council Room of the Memorial Auditorium Building at
10:30 o'clock a.m. , with the following members present.
Michael Lam Mayor
David Farabee -
Charles Thomas -
�' Angus Thompson - Councilors
Paul Hughes -
J. W. Martin -
Don Kirkham -
James Berzina City Manager
Jeanie Martin Asst. City Attorney
Wilma J. Thomas City Clerk
Item 2
ORDINANCE NO. 48-90
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS,
TEXAS WATER AND SEWER SUBORDINATE LIEN REVENUE BONDS, SERIES 1990-A;
CITY OF WICHITA FALLS, TEXAS WATER AND SEWER SUBORDINATE LIEN REVENUE
BONDS, SERIES 1990-B; AND CITY OF WICHITA FALLS, TEXAS WATER AND SEWER
SUBORDINATE LIEN REVENUE BONDS, SERIES 1990-C; THE EXECUTION OF A
PAYING AGENT/REGISTRAR AGREEMENT; AND AUTHORIZING OTHER MATTERS RELATED
THERETO
Moved by Councilor Thompson that Ordinance No. 48-90 be passed.
Motion seconded by Councilor Hughes.
Jerry Gross explained that efficiency standards have become increasingly
higher for the waste water sewer treatment plant. This plant cannot meet these
standards, and a project has been undertaken to make it come up to standards.
There is a major trunk line at Midwestern Parkway and Hamilton which flows
full in dry weather, and overflows during wet weather. We are under adminis-
trative order to find a new interceptor line between this and the waste water
treatment plant. Mayor Lam noted that we are having to update this by 1992.
Murphy Davis presented information on financing this treatment plant. The
Texas Water Development Board has a financing arm that they are suggesting be
used for this project. They are providing an interest rate appreciably lower
than the market rate. The initial financing to meet the EPA guidelines was done
at one hundred percent through the Texas Water Development Board at 5.5 percent.
The B Series of 1 .49 million is at 7.72 percent, and the C Series of $540,000
is at 7.17 percent, to accomplish the additional funding. This is being done
under a separate program which is an attractive financing. He explained that
the AA rating cost is passed on to the City. The integrity of the City's
rating will not be affected. We will be making much more on the net interest
rate than we will be paying out. These bonds will go directly to the Texas
Water Development Board, and the City will pay their portion out of these bonds.
Rick Porter, of McCall , Parkhurst, stated that in 1986, the City refunded
its outstanding refunding bonds. He explained what the ordinance authorizes.
After all bonds are approved, the Attorney General will be escrowed by NCNB
Dallas. Some federal money and some state money will be used to finance this
project. After this is done, they may come back and ask for authorization for
another escrow agreement. This will only affect Series A and B. Series C will
still stay in an escrow agreement. The Water Development Board has agreed to
give the City 60 days advance notice before they sell these bonds to the general
public.
517
Item 2, Cont'd
William Young, 1018 Widows Lane, asked about repercussions if we fail to
meet these EPA regulations. Mr. Gross explained that we are under administra-
tive order, and fines are in the six digits if not adhered to. Mr. Berzina
noted that fines are known to be $10,000 to $20,000 per day.
Murphy Davis explained that it has taken us one and one-half years to
get to this point. The City can really control its destiny by doing this.
Councilor Thomas commented that most of the questions being asked concern
the sewer charges on the water bill . Mr. Berzina stated that a rate study is
being done now which should come back to the Council this summer. He believes
there will be increases in the water and sewer rates. Councilor Thomas noted
that this is being mandated to us. We are saving two and one-half million
dollars more than if we tested the local market, or could not get this rate.
Councilor Martin noted that we are showing the citizens that we are saving
money, rather than spending it.
Councilor Hughes addressed the turn around time, stating there are no hang-
ups that he can see. We are looking ahead for the citizens. Mayor Lam commented
that in the construction industry, they understand this.
Councilor Kirkham commended the staff for the excellent work they have done
in securing 24 million dollars.
Murphy Davis addressed the 60-day notice. Mr. Porter explained it will
allow the Council to do some good planning.
Mayor Lam thanked the staff, along with Mr. Davis and Mr. Porter, for their
diligence in this matter. Mr. Davis explained that it will help the City by
placing it in a preemptive manner, rather than a reactive manner. It should have
some kind of ancillary impact on getting industries to come to the City.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thomas , Thompson, Hughes, Martin, and
Kirkham
Nays : None
Item 3
ORDINANCE NO. 49-90
ORDINANCE NAMING REPLACEMENT ALTERNATE JUDGE FOR AUGUST 11 , 1990, CITY
ELECTION
Moved by Councilor Martin that Ordinance No. 49-90 be passed.
Motion seconded by Councilor Hughes, and carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and
Kirkham
Nays: None
Item 4
RESOLUTION NO. 134-90
RESOLUTION APPROVING AMENDMENT TO WATER PURCHASE CONTRACT WITH WICHITA
VALLEY WATER SUPPLY CORPORATION
Moved by Councilor Kirkham that Resolution No. 134-90 be passed.
Motion seconded by Councilor Martin.
1
1 518
Item 4, Cont'd
Jerry Gross explained the negotiations with Wichita Valley Water
Supply Corporation. He explained that Wichita Valley could only be
reviewed at a minimum of five-year increments. Six years ago they began
discussing with them some changes which need to be made to change them
to the same schedule as other contractors. The Texas Water Development
Board reviewed their rates on May 3, 1989, by the filing of a petition
with them. They have ultimately arrived at what is being presented today.
Through discussions with the Corporation, and at the Commission level
in Austin, they have arrived at the same rates, methodology and conditions
as other entities. Wichita Valley also asks for a refund back to May 3,
1989.
Councilor Martin addressed Section 2.0 (e) of the contract. Mr. Gross
explained the difference in contract treatment of the customers who
purchase raw and treated water.
Mr. Berzina recapped that Wichita Valley opted to take the five year
plan, and they went back for a rate adjustment. We are now able to
bring them into the same situation as other users, except Archer City.
Jeanie Martin, Assistant City Attorney, stated she believes Wichita
Valley would be entitled to an adjustment from the day they filed the
petition.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes,
Martin, and Kirkham
Nays: None
The City Council adjourned at 11 :25 a.m.
PASSED AND APPROVED this c/ day of e ,1990.
Michael Lam, Mayor
ATTEST:
Wilma J. Tho as, CMC/AAE
City Clerk
t.: