Min 02/01/1983 68
Wichita Falls, Texas
Memorial Auditorium Building
February 1 , 1983
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 at
8:30 o'clock A.M. , with the following members present.
Gary D. Cook Mayor
Gene Shearman
John W. Hampton
Carol G. Russell Aldermen
Craig A. Wilson
Howard M. Morris
Horace 0. Boston
Dane Bennett Acting City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Chief Accounting Officer
The invocation was given by John Mitchell , of Guadalupe Church.
Item 3
Moved by Alderman Shearman that minutes of the meeting held January 18,
1983, be approved.
Motion seconded by Alderman Boston, and carried unanimously.
Items 4a - 9f
Items 5d and 6b were moved to the regular agenda.
Moved by Alderman Russell that the remaining items on the consent agenda
be approved.
Motion seconded by Alderman Shearman.
Item 4a
ORDINANCE NO. 9-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE PORTION OF VAN BUREN
STREET BETWEEN 5TH STREET AND THE BIG WICHITA RIVER AND RETAINING A
UTILITY EASEMENT.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
ORDINANCE NO. 10-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE SOUTH FIFTY (50)
FEET OF THE ONE-HUNDRED (100) FOOT LONG, TWENTY-FIVE (25) FOOT WIDE
ALLEY IN BLOCK 21 , ORIGINAL TOWNSITE OF WICHITA FALLS, TEXAS, AND
RETAINING A UTILITY EASEMENT.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
ORDINANCE NO. 11 -83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE SOUTHERLY THREE (3)
FEET OF THE ONE HUNDRED FORTY-TWO (142) FOOT LONG, TWENTY-FIVE (25)
FOOT WIDE ALLEY IN BLOCK 166, ORIGINAL TOWNSITE OF WICHITA FALLS, TEXAS
AND RETAINING A UTILITY EASEMENT.
69
Item 4a, cont'd.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
ORDINANCE NO. 12-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE TEN (10) FOOT WIDE
ALLEY IN BLOCK 265, NOBLE & HENDERSON TRIANGLE RESURVEY, ORIGINAL
TOWNSITE OF WICHITA FALLS, TEXAS AND RETAINING A UTILITY EASEMENT.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
ORDINANCE NO. 13-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE FIFTEEN (15) FOOT
WIDE, NORTH-SOUTH ALLEYS IN BLOCKS 73 & 74, FAITH VILLAGE, UNIT III ,
AN ADDITION TO THE CITY OF WICHITA FALLS , TEXAS AND RETAINING A
UTILITY EASEMENT.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
ORDINANCE NO. 14-83
AN ORDINANCE AMENDING ORDINANCE NO. 115-82 (THE 1982 BUILDING CODE OF
THE CITY OF WICHITA FALLS) ESTABLISHING MONTHLY MEETINGS OF THE
BUILDING BOARDS OF ADJUSTMENTS AND APPEALS AND REQUIRING TEN DAYS
ADVANCE WRITTEN NOTICE OF APPEALS TO SAID BOARD.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 5a
RESOLUTION NO. 21-83
RESOLUTION CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 2, 1983,
AND NAMING ELECTION OFFICIALS AND POLLING PLACES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
An election shall be held in the City of Wichita Falls, Texas, on April 2,
1983 for electing the following officials of the City:
Alderman, Place One
Alderman, Place Two
Alderman, Place Three
The said election shall be held at the polling places named on the attached
exhibit, with the persons as shown acting as Presiding Judges and Alternate
Presiding Judges. The voters residing in the City limits of Wichita Falls within
the County Precinct Numbers given on such exhibit shall vote in the City Boxes as
shown on such exhibit.
The Presiding Judge for each polling place shall appoint not less than two
nor more than four clerks who shall assist the Presiding Judge and alternate in
jointly conducting the election.
The rate of pay for election officials shall be $4.00 per hour, plus an
additional $20.00 for each judge who picks up and delivers the returns of all
election materials.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
f / f
CITY OF WICHITA FALLS, TEXAS
CONTRACT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That this agreement made and entered into this the eighteenth day of
January A.D. 19 83 , by and between the CITY OF
WICHITA FALLS, a municipal corporation of Wichita County, Texas, organized
and existing under and by virtue of a special charter adopted by the quali-
fied voters within said City on the 30th day of April, A.D. 1920, acting by
and through its parties of the first part and Browning Electric Incorporated,
hereinafter called the "Contractor".
WITNESSETH: That said parties have agreed as follows:
1.
That for and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by the City, and under the conditions ex-
pressed in the bond bearing even date herewith, the said Contractor hereby
agreed with the said City to commence and complete the construction of certain
improvements described as follows: installation of 11 new sirens and relocation
of 18 existing sirens.
2.
That the work herein contemplated shall consist of furnishing all labor,
tools, appliances and materials necessary for the construction and completion
of said project in accordance with the Plans and Specifications heretofore pre-
pared by the Risk Management Division of the City of Wichita Falls and adopted
by the Board of Aldermen of said City, as an independent Contractor, and which
plans and specifications are hereto attached and marked Exhibit "A" and made
a part of this contract the same as if written herein.
3.
The contractor hereby agrees and binds himself to commence the construc-
tion of said work within ten (10) days after being notified in writing to do so
by the Risk Manager of the City of Wichita Falls.
4.
The Contractor hereby agrees to prosecute said work with reasonable
diligence after the commencement thereof and to fully complete and finish
the same ready for the inspection and approval of the Risk Management
Division of the City of Wichita Falls and the Board of Aldermen of the City
of Wichita Falls within a period of forty five working days from the time of
commencing said work; that said contractor shall be entitled to an extension
of said time for doing said work for such time as he may necessarily lose or
be delayed by unavoidable accidents caused by unforeseen matters over which
said contractor has no control, such as inclemency in the weather, acts of
Providence, labor strikes and delivery of materials, in all of which cases
the negligence or carelessness of the contractor not contributing to such
delay.
5.
Should the contractor fail to begin the work herein provided for within
the time herein fixed or to carry on and complete the same according to the
true meaning of the intent and terms of said specifications, then the City
shall have the right to take charge of and complete the work in such manner
as it may deem proper, and if, in the completion thereof, the cost to the
said city shall exceed the contract price or prices set forth in the said
plans and specifications made a part hereof, the contractor shall pay said
city on demand in writing, setting forth and specifying an itemized statement
of the total cost thereof, said excess cost.
6.
The contractor agrees to fully indemnify and save whole and harmless
the city from all costs or damages arising out of any real or asserted claim
or cause of action against it of whatsoever kind or character and in addition
from any and all costs or damages arising out of any wrongs, injuries, demands
or suits for damages, either real or asserted, claimed against it that may be
occasioned by any act, omission, neglect or misconduct of the said contractor,
his agents, servants, employees. And the said contractor further agrees to
comply with all ordinances and statutes of the City of Wichita Falls and the
State of Texas, and with any regulations for the protection of workers which
may be promulgated by the Government, and shall protect such work with all
necessary lights, barriers, safeguards, and warnings as are provided for in
said specifications and the ordinances and regulations of said city.
7.
The contractor agrees, on the execution of this contract, and before
beginning work, to make, execute, and deliver to said City of Wichita Falls,
a good and sufficient surety bond for the faithful performance of the terms
and stipulations of the contract, including the exhibit attached hereto and
made a part hereof and such bond shall be 100 percent of the total contract
price, and the said surety company shall be a surety company duly and legally
authorized to do business in the State of Texas and acceptable to the Board
of Aldermen of the City of Wichita Falls.
8.
Said City agrees and binds itself to pay, and the said Contractor
agrees to receive for all of the aforesaid work, and for all additions
thereto or deductions therefrom, the price shown on the proposal submitted
by the successful bidder hereto attached and made a part hereof.
9.
It is further agreed that the performance of this contract, either
in whole or in part, shall not be sublet or assigned to anyone else by said
Contractor without the written consent of the Risk Manager of the City of
Wichita Falls.
10.
The Contractor agrees to pay at least the minimum wage per hour for
all labor as the same is classified, promulgated and set out by the City of
Wichita Falls, Texas, a copy of which is attached hereto and made a part
hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this agreement is made and
entered into by the parties hereto with reference to the existing Charter
and Ordinances of the City of Wichita Falls and the laws of the State of
Texas with reference to and governing all matters affecting this contract,
and the Contractor agrees to fully comply with all the provisions of the
same.
IN WITNESS WHEREOF, The City of Wichita Falls has caused this instrument
to be signed in triplicate in its name and on its behalf by the City Manager
and attested by its City Clerk, with the corporate seal of the City of
Wichita Falls attached. The Contractor has executed this instrument through
its duly authorized officers in three counterparts with its corporate seal
attached.
Done in Wichita Falls, Texas, this the 18th day ofJanuary A.D. , 1983
APPROVED: CITY OF WICHITA FALLS
BY
ATTEST:
Browning Electric Inc.
CITY CLERK
APPROVED AS TO FORM AND LEGALITY:
TITLE
ASSISTANT CITY ATTORNEY
P R O P O S A L
TO: Mr. Dane J. Bennett, Acting City Manager
City of Wichita Falls, Texas
FOR: Installation of eleven (11) new and relocation of
nineteen (19) existing emergency warning sirens.
Pursuant to the foregoing "Notice to Bidders", the
undersigned has thoroughly examined the Plans,
Specifications, and Contract Documents and the Sites,
understands the amount of work to be done and hereby
proposes to do all the work and furnish all labor,
equipment and materials necessary, except the
actual sirens and siren control units, to complete
the work, as provided in the plans and specifications,
subject to the inspection and approval of the Engineer
or assigned representative of the Risk Management
Division of the City of Wichita Falls, binding himself
upon acceptance of this proposal by the Board of
Aldermen to execute a contract and furnish performance,
payment and maintenance bonds approved by the City of
Wichita Falls, Texas and for performing and completing
the said work within the time stated and for the
following sums for the project, to-wit:
PAY ITEM APPROX. ITE1N1 WITH BID PRICES PRICE PER TOTAL
QUANTITY WRITTEN IN WORDS UNIT BID
1 11 Units Install eleven (11) new
As shown on thunderbolt sirens.
plan Specifications -
Page 13 through 14 ,
drawing numbers lA
through 1F. Furnish
all labor and materials
except the actual sirens
and siren controls.
Blower assemblies shall
be installed on concrete
pads as shown on draw-
ing number 1D. (Sirens
and siren controls furnish-
ed by the Risk Management
Division.
One thousand', an'x hundred, twenty-
four dollars and
.09 cents per unit.
S 1 ,624.09 $172865.00
2
PAY ITEM APPROX. ITEM WITH BID PRICES WRITTEN PRICE PER TOTAL
QUANTITY IN WORDS UNIT BID
2. 1 Relocate one (1) thunderbolt
As shown on siren and blower assembly from
plan. the roof of Cunningham School
to the roof of Barwise Jr.
High School. Specifications:
Page 13 through 14
Furnish all labor and materials
except actual siren and siren
controls. (Siren and siren
controls furnished by the
Risk Management Division. )
One thousand, nine hundred, twenty-
one dollars and
no cents per unit
$ 1 ,921 .00 $ 1 ,921 .00
3. 1 Relocate one (1) thunderbolt
As shown on siren and blower assembly
plan from the roof of the Fire
Maintenance Shop at Avenue
H and Giddings Street to a
pole mount at 2606 Avenue H.
Specifications: Page 13
through 14 drawing
numbers lA through 1F.
Furnish all labor and
materials except actual
siren and siren controls.
(Siren and siren controls
furnished by the Risk
Management Division.)
One thousand, nine hundred, seventy-
two dollars and
no cents per unit
$ 1 ,972,00 $_ ,972.00
4. 2 Relocate two (2) thunderbolt
As shown on sirens on poles. Specific-
plan ations: Page 13
through 14 . Blowers
to be installed on concrete
pads as shown on drawing
number 1D. Furnish all
labor and materials except
actual sirens and siren
controls. (Sirens and
siren controls furnished
by Risk Management Division.
Six hundred, twenty-
two dollars and
.50 cents per unit
$ 1 ,245.00
PAY ITEM APPROX. ITEM WITH BID PRICES WRITTEN PRICE. PER TOTAL
QUANTITY IN WORDS UNIT BID
5. 10 Relocate ten (10) 2T22 sirens
As shown on on poles. Specifications:
plan. Page ' 13 through 14
Furnish all labor and materials
except actual sirens and siren
controls. (Sirens and siren
controls furnished by the Risk
Management Division.)
Five hundred, fifty-
eight dollars and
.80 cents per unit
$ 558.80 S_5,588.00
6. 5 Relocate five (5) model STH10
As shown on and model 5 sirens on poles.
plan Specifications: Page 13
through 14 Furnish
all labor and materials
except sirens and siren
controls. (Sirens and siren
controls furnished by the
Risk Management Division. )
Six hundred, sixty-
two dollars and
.20 cents per unit
$ 662.20 $ 3,311 .00
Total Bid $ 31 ,902.00 31 ,_902.00
4
The bidder (Proposer) shall complete the following statement by checking the
appropriate boxes.
The bidder (Proposer) has X has not participated in
a previous contract subject to the equal opportunity clause prescribed by
Executive Order 10925, or Executive Order 11114, or Executive Order 11246.
The Bidder (Proposer) has X has not submitted all compliance
reports in connection with any such contract due under the applicable filing
requirements ;and that representations indicating submission of required compliance
reports signed by proposed subcontractors will be obtained prior to award of
subcontracts.
If the Bidder (Proposer) has participated in a previous contract subject to the
equal opportunity clause and has not submitted compliance reports due under
applicable filing requirements, the Bidder (Proposer) shall submit a compliance
report on Standard Form 100, "Employee Information Report EEO-1" prior to the
award of contract.
The undersigned agreed to complete all work covered by these Contract Documents
within forty five (45) calendar days from and after the date of. receiving a
written work order of commencing work from the owner. Within ten (10) days
after receipt of notice of acceptance of the Bid, the undersigned will execute
the formal contract and will deliver the required performance and payment
bonds. The attached deposit check in the amount of (five percent of amount bid)
1 ,595• 10 is to become the property of the City of Wichita
Falls, Texas, or the attached Bidders Bond is to be forfeited, in the event the
Contract and Bond are not executed within the time set forth, as liquidatecr
damages for delay and additional work caused thereby.
Respectfully submitted,
Browning Electric Inc.
4y/ . ` rown i ng, S
39
P.O.Box 1431
Risk Management Division
January 20, 1983
Floyd Browning
Browning.Electric Inc.
3111 Lawrence Road
Wichita Falls, Texas 76308
Dear Mr. Browning:
At the January 18, 1983 meeting of the City of Wichita Falls Board of Aldermen
your bid for the installation and relocation of emergency warning sirens was
evaluated and compared to other bids received on January 10, 1983. As a result
of this review, the Board of Aldermen awarded the bid to you in the amount of
$31,343.20 to install 11 new sirens and relocate 18 existing sirens. The Board
also approved a resolution granting authority to the Acting City Manager to
execute a contract with you for this project.
As previously discussed with you, the original bid called for the installation
of 11 new emergency warning sirens and the relocation of 19 existing sirens.
For that project your bid was $31,902.00, however, subsequent to the submission
of bids it was learned that it would be difficult at best to relocate the siren
presently at 2213 Lucas. Therefore, the Board of Aldermen approved leaving that
siren in its present location and awarding the bid for the relocation of 18
sirens. Your bid indicated a per unit price of $558.80; therefore, your bid
was reduced by that amount. I discussed this adjustment with you on January 11,
1983 at which time you indicated your agreement.
As a result of this change, the following adjustment must be made to the original
specifications:
-- The siren located at 2213 Lucas Street will remain in its present
location.
The siren presently located at 2903 Southridge will be moved to
6701 General Custer.
In accordance with the covenants of our contract, please accept this letter as
notification in writing to commence the construction work.
Thank you for your bid and I look forward to working with you on this project.
Please do not hesitate to contact me if I can assist you in any way.
Sincerely,
Mark D. Wilson
MDW:fne Risk Manager
L7 t
FIRST AMENDMENT TO AGREEMENT
AND LEASE OF PREMISES AT
WIC}-IITA FALLS MUNICIPAL AIRPORT
This First Amendment to Agreement and Lease of Premises at Wichita Falls
Municipal Airport made and entered into this the lst day of February, 1983, by and
between the City of Wichita Falls, Texas, hereinafter called City, and Burlington
Northern Air Freight, Inc. , hereinafter called Burlington.
WITNESSETH:
WHEREAS, HERETOFORE City and Burlington entered into an Agreement and
Lease of Premises at Wichita. Falls Municipal Airport dated February 1, 1981, and
the parties hereto desire to amend such Agreement and Lease.
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows:
1. Paragraph 1. of such Agreement and Lease is amended to read as follows:
111. City does hereby demise and let unto Burlington, and Burlington does
hereby hire and take from City, on a. month to month basis, an area of approximately
323 square feet within the Terminal Building at the Municipal Airport located at
Sheppard Air Force Base at Wichita Falls, Texas; such 323 square feet is shown on
Exhibit A attached hereto. This is part of the same space formerly leased to Metro-
flight, Inc. "
2. Paragraph 2 of such Agreement and Lease is amended to read as follows:
"2. Burlington shall be authorized to give up its authorized space within
the Freight Building effective December 31, 1982. This is amended per their request
upon taking over the new Leased area. "
3. Paragraph 9. of such Agreement and Lease is amended to read as follows:
119. OFFICE-TICKET/COUNTER SPACE - Burlington will pay City a monthly
rental of $292.05 per month (which is based on a. rate of $10.85 per square foot per
annum on 323 square feet). Such rental shall be paid monthly by the end of ea.ch
month; a.11 rental payments which are not paid by the end of the month shall bear a
service charge of 1 1/2 per cent per month, and Burlington shall pay and discharge a
all costs and expenses, including attorney's fees, incurred or expended by City in
collection of any delinquent amounts due.
Office/Ticket Counter Space (323sf @ $10.85/sf/yr) - $3,504.55/yr or $292.05/mo. "
4. Paragraph 10. of such Agreement and Lease is amended to read a.s follows:
1110. It is expressly understood that City will provide and supply adequate
heat, lights and electricity within such Terminal Building. "
5. A new paragraph 14. is added, to read a.s follows:
1114. Pedestrian tra.ffic by employees of other airline lessees of City will
be allowed behind Burlington's counter space to and from the door to the Freight
Building. "
6. Except insofar as it is amended herein, such Agreement and Lea.se of
Premises shall remain in full force and effect.
7. This First Amendment shall be effective as of February 1, 1983.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed a.s of the day and year first stated above.
CITY OF WICHITA FALLS
BY
Dane J. Bennett
ATTEST: Acting City Manager
City Clerk BURLINGTON NORTHERN AIR FREIGHT
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THE STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, the City Council of the City of Wichita Falls, Texas authorized
establishment of a self-administered, self-insured plan to meet its statutory
responsibility under the Workers' Compensation Act; and
WHEREAS, The City of Wichita Falls desires to reduce the cost of its self-
insurance plan by screening its employee applicants through the use of essential
information concerning workers' compensation claims and lawsuits involving the
employee applicants; and,
WHEREAS, the Employer's Information Service, a non-profit organization,
keeps current records of workers' compensation claims and lawsuits filed in
county and parish courts located in Texas, Louisiana, Mississippi, New Mexico
and Oklahoma, and in Federal Courts located throughout the Gulf Coast States and
extending as far north as St. Louis, Missouri;
NOW, THEREFORE
KNOW ALL MEN BY THESE PRESENTS: t
That the City of Wichita Falls, acting herein by and through its duly
authorized Acting City Manager, Dane J. Bennett, hereinafter called "City", and
Employer's Information Service, a non-profit organization with its general
office located at P. O. Box 1457, Gretna, Louisiana 70053, acting herein by
and through its duly authorized President, H. J. Robinson, hereinafter called
"E.I.S. ", in consideration of the terms, mutual covenants and conditions herein
contained, do hereby agree as follows:
I.
That for and in consideration of the sum of Two Thousand One Hundred Twelve
Dollars ($2,112) to be paid to E.I.S. on or before the effective date of the
contract, E.I.S. covenants and agrees:
A. That it shall faithfully maintain accurate records of workers' compensa-
tion claims and lawsuits filed in county and parish courts located in Texas,
Louisiana, Mississippi, New Mexico, and Oklahoma, and in the federal courts located
throughout the Gulf Coast States and extending as far north as St. Louis, Missouri.
B. That E.I.S. shall furnish to the City from such records of employee
termination reports and employee injury reports pertaining to each person who
is a City employee on the effective date of this contract;
C. That E.I.S. shall furnish to City from such records, at City's inquiry,
employee termination reports and employee injury reports pertaining to each person
who is an applicant for City employment during the term of this agreement. It is
understood and agreed that if the number of inquiries pertaining to applicants
for City employment exceeds six hundred (600) in total number, City shall pay to
E.I.S. the amount of Three Dollars and Fifty Five Cents ($3.55) for each additional
inquiry.
D. That the employee termination reports furnished to City shall include,
but not be limited to the following information:
r
1. Employee's name;
2. Employee's social security number (if possible) ;
3. Date of employment;
4. Date of termination;
5. Nature and date of employee' s injuries (if any) and
6. Whether employer would or would not rehire the employee
(if available) ;
E. That the employee injury reports furnished to City shall include, but
not be limited to the follot•:ing information:
1. Plaintiff's name;
2. Plaintiff's social security number (if possible) ;
-2-
3. Insurance carrier or employer;
4. Injury or disability alleged or sustained;
5. Plaintiff's and defendant's attorneys;
6. Filing date of case;
7. Case number;
8. County or parish wherein case was filed; and
9. Disposition or settlement of the case (if available) ;
F. That it is estimated that the number of persons covered by E.I.S.
records will increase at a rate of 4,000 or 5,000 per month during the term
of this agreement; and that as such coverage increases, additional informa-
tion received by E.I.S. concerning City employees and applicants for City
employment shall be made available upon request to City:
G. That at its sole expense, E.I.S. shall furnish to City a WATS
telephone line which will enable City to call E.I.S. by direct dialing at
no cost to City for the purpose of obtaining the reports described herein- -
above; and that said reports will be furnished to City within a matter of
i
seconds while the City remains on the telephone, with the exception of
communication problems beyond the control of E.I.S.
II.
The terms of this contract and agreement shall be for a period of one (1)
year beginning on the 1st day of February 1983 and ending on the3lst day of
January, 1984.
III.
The contract and agreement may be terminated by either party upon at
least thirty (30) days written notice. Such notice shall be sufficient if
mailed to the other party's last known address.
-3-
IV.
In the event this contract and agreement is terminated for any reason
before the 31st day of January, 1984, E.I.S. shall refund to City a percent
of the total consideration paid to E.I.S. as provided in Paragraph I hereof,
said percent to be calculated by determining the number of days from the
date of termination to January 31, 1984, and dividing said number by the
number of days from February 1, 1983, to January 31, 1984.
V.
E.I.S. shall not act as an agent, representative, servant or employee
of the City of Wichita Falls as to all rights and privileges granted here-
under, that E.I.S. shall have exclusive control of and the exclusive right
to control the details of its operations hereunder and shall be solely
responsible for the acts and omissions of its members, officers, agents,
representatives, servants, employees, contractors and subcontractors, that
the doctrine of respondent superior shall not apply as between City and E.I.S. ,
its members, officers, agents, representatives, employees, contractors or
r
subcontractors; and that nothing herein shall be construed as creating a
partnership or joint enterprise between City and E.I.S. , its members,
officers, agents, representatives, employees, contractors or subcontractors.
VI.
E.I.S. covenants and agrees to, and does hereby indemnify, hold harm-
less and defend City, its officers, agents, representatives and employees,
from and against any and all claims or suits for damages or injuries to
persons (including death) or damages to property, of ,.whatsoever kind or
character, whether real or asserted, arising out of, or in connection with
the execution, performance or attempted performance of this contract and
agreement but E.I.S. does not indemnity the City against a suit, loss or
damages arising as a result of the City's negligence.
-4-
E.I.S. warrants that all information when furnished to City by E.I.S.
is accurate and up to date, and E.I.S. hereby covenants and agrees to
indemnity and defend the City, its officers, agents and employees from
and against any and all claims or suits for damages or injuries arising
out of or in connection with furnishing the City with inaccurate or outdated
information; and E.I.S. further agrees to indemnify and make whole the City
for any and all damages sustained by City as a result of or in connection with
furnishing the City with inaccurate or outdated information.
VII.
If E.I.S. , as a charitable or a non-profit organization, association, cor-
poration, entity or otherwise, has or claims as immunity or exemption (statutory
or otherwise) from and against liability for claims or suits for damages, E.I.S.
hereby expressly waives its rights to plead defensively such immunity or
exemption as against City.
VIII.
E.I.S. shall comply with all laws, federal, state and local including all
i
ordinances, regulations and requirements of the City of Wichita Falls, It is
agreed and understood that if City calls the attention of E.I.S. to any such
violation on the part of E.I.S. , or any member, officer, agent, representative,
employee, contractor, or subcontractor, then E.I_S. shall immediately desist
from and correct such violation_
IX.
E.I.S. shall not assign this agreement without prior written consent of
the City, and any attempted assignment without prior written consent of the
City shall be void.
X,
In the event E.I_S. fails to comply with or breaches any of the terms,
conditions and covenants of this agreement, or for any othEr reason deemed
-5-
necessary by the City Manager or his duly authorized representative, City
shall have the right to declare this agreement terminated without written
notice to E.I.S. , but shall forthwith advise E.I.S. in writing of such election
to terminate.
E.I.S. covenants and agrees that should any action whether real or
asserted, at law or in equity, arise out of the terms of this agreement
between the parties hereto, venue for said action shall lie in Wichita
County, Texas.
XII.
E.I.S. and City mutually covenant and agree that this writing constitutes
the sole and only agreement between E.I.S. and City pertaining to the Services
to be performed by E.I.S. . Any and all previous agreements, whether oral or
in writing, between said parties pertaining to such services are hereby
terminated and cancelled and declared to be of no further force and effect.
No prior or contemporaneous written or oral agreement of any nature exists
to alter or modify the terms of this agreement.
c
EXECUTED at Wichita Falls, Wichita County, Texas, in multiple originals,
this eighteenth day of January , A.D. 1983.
CITY OF WICHITA FALLS
By )ta�
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGALITY:
EMPLOYE .' 'FO ION SERVICE
By
,ity Attc ey President
SEVENTH AMENDMENT TO WATER PURCHASE CONTRACT
WITH WICHITA VALLEY WATER SUPPLY CORPORATION
This Seventh Amendment to Water Purchase Contract made and
entered into this the 18th day of January, 1983, by and between the City
of Wichita Falls, Texas and Wichita Valley Water Supply Corporation.
WITNESSETH:
-WHEREAS, the City of Wichita Falls and Wichita Valley Water
Supply Corporation entered into a water purchase contract dated March 19,
1974, and the parties desire to make a seventh amendment to such contract.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
Said contract dated March 19, 1974 is hereby amended by author-
izing the Corporation to connect to their water system one additional single-
family residential unit located on a 949.418 acre tract out of S.O. Fowler
Survey, A-78 in Wichita County owned by F. T. Johnson, Jr.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed as of the day and year first set out above.
CITY OF WICHITA FALLS, TEXAS
By:
City Manager
ATTEST:
City Clerk
WICHITA VALLEY WATER SUPPLY
CORPORATION
By:
President
ATTEST:
Secretary
STATE OF TEXAS
COUNTY OF WICHITA ,
This agreement made and entered into this 18th day of January,
1983, by .and between the City of Wichita Falls, Texas, hereinafter
called "City", and Chester Williams, hereinafter called "Williams",
WITNESSETH:
For and in consideration' of the covenants hereinafter contain-
ed to be kept and performed by the parties hereto, City and Williams
hereby agree as follows:
Williams shall furnish and deliver meals for persons confined
in the city jail at the Police Station, 610 Holliday Street, for one
year, beginning February 1, 1983. City shall purchase such meals from
Williams during this one-year period.
Williams shall prepare, deliver and serve such meals in accordance
with the specifications and the bid form attached hereto, which are in-
corporated herein, and he shall perform all of the other obligations
contained in such two documents.
City shall pay for such meals irr accordance with such two documents,
and perform all other obligations contained therein.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed as of the day and year first set out above.
CITY OF WICHITA FALLS, TEXAS
By:
Dane Bennett, City Manager
ATTEST: Page 3 of 6 Pages
Agenda Item No. 12 .a.
Citv Clerk
EXHIBIT "A"
A tract of land being more commonly known as Lots 18 through 24 ,
Block 21, Scotland Addition, an addition to the City of Wichita Falls ,
Wichita County, Texas, said tract being more specifically described
by metes and bounds as follows:
Beginning at a point which bears East 14 .10 feet and South 180 .00
feet from the Northeast corner of Lot 1, of said Block 21, Scotland
Addition, said point being an X on top of curb of Linwood Avenue,
said point being the Northeast corner and place of beginning of
this description;
Thence along the back of curb of said Linwood Avenue, South 000
11' East 90 .73 feet to a point of curvature;
Thence continuing along said back of curb of Linwood Avenue
and along a 12 .022 degree curve to the right, having a radius of
476 .57 feet and a central angel of 050 55 ' 59 .4 " , a total distance
of 49 .35 feet to a iron rod for the Southeast corner of this tract;
Thence leaving said back of curb of Linwood Avenue, West, passing
the Southeast corner of said Lot 24 , at 12 .01 feet, a total distance
of 337 .71 feet to 1/2" iron rod lying in the East right-of-way line
of Central Freeway, said 1/2" iron rod being the Southwest corner
of this tract;
Thence along said East right-of-way line of Central Freeway,
North 090 51 ' West 142 :09 feet to a 2" iron pipe lying in the South
line of a 20 foot alley, said 2" iron pipe being the Northwest corner
of said Lot 18 , Block 21, and the Northwest corner of this tract;
Page 5 of 6 Pages
Agenda Item No . 9 .a .
EXHIBIT
page 2
and along
South line of a 20 foot alley►
Said Sou Block 211 East, Passing
Thence along through 24 ,
e
of said Lots 1$ of said Lot 24 , Block 21►
the North line for the Northeast corner Of
feet to the place o
211 iron Pip of 36
a distance
total less -
at 350 .00 fee
beginning and containing
6 of - p 9c
Agend Item No •
70
Item 5b
RESOLUTION 22-83
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS
DESIGNATING DANE J. BENNETT, ACTING CITY MANAGER, AS BEING RESPONSIBLE
FOR ACTING FOR AND ON BEHALF OF THE CITY OF WICHITA FALLS IN DEALING WITH
THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING
IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT
THE CITY OF WICHITA FALLS IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH
PROGRAM.
WHEREAS, the United States Congress has passed the Land and Water Conser-
vation Fund Act of 1965 (Public Law 88-578), authorizing the Secretary of the
Interior to provide financial assistance to states, and political subdivisions
thereof, for outdoor recreation purposes; and,
WHEREAS, the Texas Legislature has adopted Sections 13.302 - 13.312 of the
Texas Parks and Wildlife Code, for the purpose of allowing the State of Texas,
and its political subdivisions, to participate in the Federal program established
under Public Law 88-578, or such other programs as are hereinafter established
by the Federal Government; and,
WHEREAS, the City of Wichita Falls is fully eligible to receive assistance
under this Program; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls is desirous of
authorizing its administrative staff to represent and act for the City in
dealing with the Texas Parks and Wildlife Department concerning this Program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1 : That the Board of Aldermen of the City of Wichita Falls hereby
certifies that the City of Wichita Falls is eligible to receive assistance
under Public 88-578, as augmented by Sections 13.302 - 13.312 of the Texas Parks
and Wildlife Code.
SECTION 2: That the Board of Aldermen hereby authorizes and directs its
Acting City Manager to represent and act for the City of Wichita Falls in
dealing with the Texas Parks and Wildlife Department for the purpose of this
Program. The Acting City Manager is hereby officially designated as the City's
representative in this regard.
SECTION 3: The Board of Aldermen hereby designates its Director of Finance
as the official authorized to serve as the City's fiscal officer to receive
Federal funds for purposes of this Program.
SECTION 4: The Board of Aldermen hereby specifically authorizes the City
officials herein designated to make applications to the Texas Parks and Wildlife
Department concerning the tracts of land to be known as the Wichita River
Development Project - Phase II-A in the City of Wichita Falls for use as a
park site. That the Wichita River Development Project - Phase II-A is hereby
dedicated for public outdoor recreation purposes.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 5c
RESOLUTION NO. 23-83
RESOLUTION DESIGNATING DANE J. BENNETT, ACTING CITY MANAGER, AS THE
OFFICIAL TO ACT FOR THE CITY IN DEALING WITH THE TEXAS PARKS AND
WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND
WATER CONSERVATION FUND ACT OF 1965.
WHEREAS, by Resolution No. 2708, City Manager Stuart A. Bach was designated
to represent and act for the City in dealing with the Texas Parks and Wildlife
Conservation Fund Act of 1965; and,
71
Item 5c, cont'd.
WHEREAS, by Resolution No. 2793, City Manager Stuart A. Bach was designated
to represent and act for the City in dealing with such Department for such
purposes; and,
WHEREAS, Stuart A. Bach has resigned as City Manager, and Dane J. Bennett has
been appointed Acting City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Board of Aldermen hereby authorize and direct Dane J. Bennett, Acting
City Manager, to represent and act for the City of Wichita Falls in dealing with
the Texas Parks and Wildlife Department for the purpose of such program, in place
of former City Manager Stuart A. Bach. All of the other provisions of Resolutions
No. 2708 and 2793 shall remain in full force and effect.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 6a
The low bid for a microfilm processor was awarded to Bell and Howell in the
amount of $5,691 .40.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris ,
and Boston
Nays: None
Item 6c
The low bid for an annual supply of motor oil and lubricants was awarded to
Ayers Oil Company in- the amount of $36,480.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 6d
The low bid for police emergency equipment was awarded to Fire Appliance `
Company in the amount of $11 ,742.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 6e
The low bid for drainage pipe and fittings for the Central Services Complex
site preparation was awarded to Gifford-Hill in the amount of $72,246.66.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 7a
RESOLUTION NO. 24-83
RESOLUTION ACCEPTING CONSTRUCTION OF IRRIGATION SYSTEMS AT BELLEVUE AND
SPUDDER PARKS.
WHEREAS, the City of Wichita Falls and Wichita Valley Greenhouses, Inc. , dba
Holt Landscape Nursery, as Contractor, entered into a contract dated April 14,
1982, wherein said Contractor agreed to construct irrigation systems at Bellevue
and Spudder Parks; and,
WHEREAS, said construction has been completed in accordance with the plans
and specifications; and,
72
Item 7a, cont'd.
WHEREAS, the contract price for such project is $49,906.90, of which
$34,569.25 has been paid to the Contractor, leaving a balance due of $15,337.65.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The construction of irrigation systems at Bellevue and Spudder Parks is
accepted by the City of Wichita Falls, and the City Manager is directed to pay
to the said Contractor the balance due as set out above.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 8a
Authority was granted to advertise for bids for labor and materials for
irrigation construction at 'Williams Park.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 9a
Minutes of the meeting of the Traffic Safety Council held December 8, 1982,
were received.
Ayes: Mayor Cook, Alderman Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 9b
Minutes of the meeting of the Clean Community Commission held September 22,
1982, were received.
Ayes : Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 9c
Minutes of the meeting of the Design Review Commission held November 18,
1982, were received.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 9d
Minutes of the meeting of the Planning Board held January 12, 1983, were
received.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 9e
Minutes of the meeting of the Plumbing Advisory Board held January 20, 1983,
were received.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris ,
and Boston
Nays: None
Item 9f
Minutes of the meeting of the Building Board of Adjustments and Appeals held
January 20, 1983, were received.
73
Item 9f, cont'd.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 5d
Discussion was held on a proposed resolution to ratify action taken on Water
Permit No. 504, and to authorize execution of other instruments concerning such
application.
Alderman Shearman asked if we let Kemp and Diversion water into Lake Wichita,
won' t that add a lot of salt to it? Jerry Gross, Acting Director of Public
Utilities, stated that it would, but we do not use that water for drinking purposes,
but for recreation purposes.
Dane Bennett, Acting City Manager, stated that this was part of the previous
arrangement of keeping the lake at that level . Mr. Gross agreed.
Jimmy Horany and John Adams appeared. Mr. Horany stated that this matter
will need a lot of study before it is passed. He stated that the resolution which
was previously passed does not allow City officials to transport water from Lake
Kemp. He stated that they filed a complaint with the Texas Water Resources, and
they determined that the City had no authority to do this under their permit. He
requested that they delay this matter until they have more time to study it. He
stated that Joe Smith filed the application to amend the water permit without
proper authority. He stated that the City has stopped putting salt water in the
lake since their protests over the past two years.
Alderman Wilson asked Mr. Horany about the lake level . Mr. Horany stated
that he does not want to see the level of the lake below 976 feet, but he does
not want the water to come from Lake Kemp.
RESOLUTION NO. 25-83
RESOLUTION RATIFYING THE AUTHORITY OF ROBERT HALEY, STUART A. BACH AND
JOE C. SMITH TO SIGN THE APPLICATION AND AMENDMENTS THERETO TO AMEND
WATER USE PERMIT NO. 504, AND TO AUTHORIZE CERTAIN OFFICERS TO EXECUTE
OTHER INSTRUMENTS CONCERNING SUCH APPLICATION.
WHEREAS, heretofore, in 1980 Robert Haley, Acting City Manager, signed an
application to the Texas Water Commission to amend Water Use Permit No. 504, as
amended, to allow diversion of water from Lake Kemp--Lake Diversion for recrea-
tional uses in Lake Wichita; in 1980 Stuart A. Bach, City Manager, signed an
amendment to such application, and Joe C. Smith, Director of Public Utilities,
signed several amendments to the application; and,
WHEREAS, the Texas Water Commission has required proof of these individuals '
authorization to represent the City in this regard.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The Board of Aldermen hereby ratifies the authority of Robert
Haley, Acting City Manager, Stuart A. Bach, City Manager, and Joe C. Smith,
Director of Public Utilities, to sign such application and amendments thereof to
the Texas Water Commission for an amendment to Water Use Permit No. 504, as
amended, to divert water from Lake Kemp--Lake Diversion for recreational uses in
Lake Wichita.
SECTION 2. The City Manager and the Director of Public Utilities, (or Acting
City Manager and Acting Director of Public Utilities) are each hereby individually
authorized to sign all further instruments required by the Texas Water Commission
with regard to such application to amend Water Use Permit No. 504, as amended.
Moved by Alderman Hampton that Resolution No. 25-83 be passed.
Motion seconded by Alderman Wilson.
I
74
Item 5d, cont'd.
Mr. Horany stated that Texas Water Resources sent two investigators up here.
He stated that Joe Smith and others should have brought this matter to the
Council in 1980 before it was done. Alderman Wilson pointed out that Mr. Horany
is talking about procedure and net affect. He needs to make up his mind what he
intends.
i
Acting City Manager Dane Bennett asked Mr. Horany if he knows why the City
wants to maintain the lake level at 976? Mr. Horany stated that they wanted to
satisfy some boat owners. Mr. Bennett stated that it was for the safety of the
dam. Mr. Horany stated that the resolution stated that it was for recreational
purposes.
Alderman Shearman stated that it was the intent of the Council to maintain
the lake at 976 feet for the safety of the people downstream. His main concern
is letting salt water into Lake Wichita.
Mayor Cook stated that Lake Wichita was to be properly managed to insure
greater holding capacity in preparation of the seasonal flooding potential . This
will necessitate lowering the lake for the safety of the people downstream. If
you don't have the rain, it was to maintain the lake for recreational purposes
for people at the lake. He stated that they can clean up any wording of the
resolution, but that is the purpose of lowering the water level for the safety
of the citizens, and the people downstream.
Mr. Bennett stated that he had instructed the utility people to not lower
the lake any lower than 976 feet. We are not interested in increasing the level
of the lake.
Mayor Cook stated that the intent of the City Manager and the Council is
not to bring in Lake Kemp water unless it is necessary. They intend to manage
this lake in the proper and most efficient use of the citizens of ,Wichita falls.
John Adams addressed the handout letter dated January 10 regarding cleaning
the spillway. He stated that they were flooded earlier because of the vegetation
and silt in the spillway. Mr. Bennett stated that the dirt had been removed, and
they will be doing dredging as soon as possible. They cannot do this while they
are dredging Holliday Creek, etc. As soon as resources, time, and weather permits
they plan to do some work out there.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 6b
Discussion was held on award of bids for tires and tubes. Alderman Wilson
mentioned a possible additional savings of $6,600. Mr. Arndt, Purchasing Agent,
and Brent Proffitt, Garage Superintendent, explained that part of the material
is picked up, and part of it is delivered. It would be more desirable for the
City to obtain new material from one vendor.
Alderman Wilson stated that he understands that suppliers are willing to
deliver these products. Also, which one offers a warranty on these products?
He asked about the percent of road hazard warranty? Mr. Proffitt stated that it
would not be advantageous to the City. It figures about five percent. Alderman
Wilson requested that he ask the ones responsible to keep track of the percentage
of road hazard in the future.
Mr. Proffitt stated that this is the first time they have gone out for bids
on retreads. Alderman Wilson stated that he did not question this at all . Most
everyone who uses trucks utilizes this method. He felt we should utilize the
savings on road hazard warranty. Mr. Proffitt stated that one reason for going
to a single tire was the size of the tires. Some companies have different sizes.
Mr. Proffitt stated that one of their biggest problems is running on flat tires.
Alderman Wilson pointed out that this is an administrative problem. Alderman
Shearman asked if this was five percent road hazard? Mr. Proffitt stated that
running a spike through the tire would be a road hazard.
75
Item 6b, cont'd.
Mr. Goodgion appeared, stating that there are different sizes of different
manufacturers. He stated that he would have tires in their line that match up to
the size of the Goodyear. If you replace a half worn tire with a new one, you
have the same dimensions.
Moved by Alderman Wilson that this item be tabled for further study.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston
Nays: None (Alderman Shearman was out of the room)
Item l0a
Braden Romines, a Municipal Court employee, was honored as Employee of the
Month for February. Mayor Cook presented her with a plaque and two tickets each
to a theatre and dinner.
Item lla
A proposed appropriation ordinance was presented in the amount of $18,202
for installation of electrical service for the Colonial Park pump stations.
ORDINANCE NO. 15-83
AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND EQUITY TO
ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Shearman that Ordinance No. 15-83 be passed.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item llb
A proposed ordinance was presented waiving certain minimum building set back
requirements.
ORDINANCE NO. 16-83
AN ORDINANCE WAIVING CERTAIN MINIMUM BUILDING SETBACK REQUIREMENTS ON
A PROPOSED REPLAT OF LOTS 6-10, BLOCK 256, ORIGINAL TOWNSITE OF WICHITA
FALLS, TEXAS.
Moved by Alderman Hampton that Ordinance No. 16-83 be passed.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item llc
Discussion was held on a proposed ordinance fixing the gas rate.
ORDINANCE NO. 17-83
AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE
CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL
CONSUMERS IN THE CITY OF WICHITA FALLS, WICHITA COUNTY , TEXAS;
PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED,
AND AMENDED, PROVIDING FOR SURCHARGE; AND PROVIDING FOR A SCHEDULE OF
SERVICE CHARGES.
76
Item llc, cont'd.
Moved by Alderman Hampton that Ordinance No. 17-83 be passed.
Motion seconded by Alderman Morris.
City Attorney H.P. Hodge explained that this has been going on for sometime
now, and we need to make a final determination by February 13. He stated that
Mr. Liles furnished the rate schedules which he included in the agenda folder.
Rate Schedule One (1 ) was their first request, and Rate Schedule Four (4) would
be what Mr. Liles would suggest as our consultants rates, with certain adjustments.
In Rate Schedule 5 the company has figured a rate, in their opinion, which would
put in certain adjustments. Mr. Liles indicated that the gas company would go
ahead and accept the lower return on equity, which was 15.45 percent. The gas
company is requesting that they adopt the rates set out in Rate Schedule 5.
Mr. Hodge stated that Rate Schedule 2A was one that he had put together from
Mr. Nall 's recommendations. Mr. Nall is recommending that Rate Schedule Three
(3) be included in Item A. The gas company had also asked that appliance charges
be deregulated. Mr. Liles asked that the Council strike this.
Mr. Nall stated that Rate Schedules 2A and 3 do not take into consideration
the deletion of the items discussed by Mr. Hodge. (D2, D3, and D4.).
Alderman Shearman asked what the percentage of profits of Lone Star Gas
were in Wichita Falls last year? Mr. Nall stated that he did not know. Alderman
Shearman mentioned two gas bills, one for December, and one for January. It
appears that there was a 36 percent markup in December, and a 70 percent markup
in January.
Mr. Nall stated that there was a $151 ,000 net operating income of Lone Star
Gas after federal income tax. Alderman Shearman noted that Lone Star did show
a profit, and you won't find many businesses showing a profit now.
David Liles appeared as Lone Star Gas Company manager. He stated that they
regret the circumstances that cause them to increase rates to continue to provide
the service now being provided. He stated that they disagree with the consult-
ant' s recommendations on regulatory lag. They ask them to consider the changes
which have occurred after the accounting period used in the ratemaking process.
If the Cty were setting new rates for water customers, and had documentation
that the water was declining, would they set rates on what they expected to sell ?
He requested that they apply the same principle to gas rates as to water rates.
He asked that rates be passed on the volume of the decline that has already
taken place. He urged adoption of Rate Schedule 5.
Mayor Cook explained that the gas company is requesting that the Council
determine the rate schedule and delete the service charges in Items D2, 3, and 4.
Alderman Wilson stated that he favored omitting Items D2, D3, and D4.
The Council further discussed these items with Alderman Morris asking isn' t the
gas company the only one who can disconnect and reconnect service line at the
main when the line is replaced by other contractors? He suggested that this be
left in. Alderman Hampton asked aren't these deletions what the Council discussed
previously, and determined that the person incurring the charges will pay for
them, and not the customers in the entire system? Mr. Liles agreed that this
is the case.
An amendment was moved by Alderman Wilson that Item D2 be deleted as printed,
and that Item 3 be deleted except the disconnect and reconnect service line
charges. (The remaining items would be re-numbered.)
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Discussion was held on the rate schedule. Alderman Morris suggested Rate
Schedule 3. He stated that he cannot see Mr. Nall 's reason for making the
commercial rate more expensive than the residential rate. He does not see that
it costs the commercial customer more for extending that line.
Mr. Nall stated that the commercial customer is a broader class. Because
it is a broader class, the readiness to serve charge is much greater. Their
figures showed that it should be $11 .00 for commercial , and $5.57 for residential .
77
Item llc, cont'd.
Alderman Morris asked why he did not suggest to them that those service charges
be used? Mr. Nall stated that the minimum user would be penalized. Alderman
Shearman believes that rates of all classes should be the same.
Moved by Alderman Hampton that we adopt Schedule 3.
Mr. Liles stated that their figures show that the commercial service charge
should be $11 .00, but at the same time the residential charge is up in the $7.00
range.
Motion seconded by Alderman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris , and Boston
Nays: Alderman Shearman
The original motion to adopt Ordinance No. 17-83 was carried by the following
vote.
Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston
Nays: Aldermen Shearman
Item 12a
A proposed resolution was presented authorizing an agreement with Texas
Electric for electrical service for the Colonial Park pump stations.
RESOLUTION NO. 26-83
RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AN AGREEMENT
WITH TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRICAL SERVICE FOR THE
COLONIAL PARK PUMP STATIONS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
The Acting City Manager is hereby authorized to execute an agreement with
Texas Electric Service Company, whereby Texas Electric will provide electrical
service for two new flood control pump stations in the Colonial Park area; the
underground service laterals would cost $682.00, and the construction cost to
provide adequate transformer capacity at these locations would cost $17,520.00.
Moved by Alderman Shearman that Resolution No. 26-83 be passed.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Morris, and Boston
Nays : None (Alderman Wilson was out of the room)
Item 12b
A proposed resolution was presented cancelling the restaurant lease at the
airport.
RESOLUTION NO. 27-83
RESOLUTION CANCELLING SKYROOM RESTAURANT LEASE AT MUNICIPAL AIRPORT.
WHEREAS, the City of Wichita Falls entered into a lease dated April 15, 1980
with Richard 0. Morrison, covering the premises known as the Skyroom Restaurant,
located at the Municipal Airport, and this lease is now held by Mr. Al Wilson; and,
WHEREAS, the lessee is in default on some of the payments required under this
lease.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The City of Wichita Falls hereby elects to cancel such Skyroom Restaurant
lease, by authority of Article XV of such lease.
78
Item 12b, cont'd.
Moved by Alderman Morris that Resolution No. 27-83 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston
Nays: None (Alderman Shearman was out of the room)
- - — — — — — — — —
i
Item 12c
F A proposed resolution was presented authorizing a contract for professional
services relating to the selection of a City Manager.
RESOLUTION NO. 28-33
RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CONTRACT
FOR PROFESSIONAL SERVICES RELATING TO SELECTION OF A CITY MANAGER.
WHEREAS, the selection of a suitably qualified City Manager is of the
greatest importance to the sound operation of the City of Wichita Falls; and,
WHEREAS, the provision of professional services to the Board of Aldermen
in regard to selection of a City Manager will allow the Board to fulfill its
responsibilities in a sound and professional manner; and,
WHEREAS, contracting for such services will in no way limit the authority
and responsibility of the Board of Aldermen in making the final selection of a
City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Acting City Manager is authorized to enter into a contract with Para,
Inc. in an amount not to exceed $10,000 plus 25% of the base fee for expense for
the purpose of providing professional assistance in the recruitment and selection
of a City Manager.
Moved by Alderman Hampton that Resolution No. 28-83 be passed.
Motion seconded by Alderman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris, and Boston
Nays: None (Alderman Shearman was out of the room)
Item 12d
A proposed resolution was presented authorizing financing arrangements with
Interfirst Bank for lease/purchase equipment.
RESOLUTION NO. 29-83
RESOLUTION APPROVING INTERFIRST BANK WICHITA FALLS AS INSTITUTION TO
FINANCE LEASE-PURCHASE EQUIPMENT; AND AUTHORIZING CITY MANAGER TO
EXECUTE EQUIPMENT LEASE-PURCHASE AGREEMENT.
WHEREAS, the City has advertised for bids for eleven different types of
products, which are shown on the attached Exhibit A, for which the total purchase
price is expected to be approximately $340,000.00; and,
WHEREAS, the bids received for these products will be submitted to the
Board of Aldermen, who will in each case accept the bid from the lowest respon=
sible bidder in accordance with state law; and,
WHEREAS, it is proposed that Interfirst Bank Wichita Falls will purchase
and pay for such products for the amounts of the bids which are so accepted by
the Board of Aldermen, and the bank then in turn will enter into an equipment
lease-purchase agreement with the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
79
Item 12d, cont'd.
SECTION 1 . Interfirst Bank Wichita Falls is hereby approved as the institution
to finance such lease-purchase equipment.
SECTION 2. After such bids have been submitted to the Board of Aldermen, and
the bids of the lowest responsible bidders have been accepted by the Board of
Aldermen, the City Manager is authorized to execute with Interfirst Bank Wichita
Falls an equipment lease-purchase agreement, on a form approved by the City Attorney,
covering those products listed on Exhibit A, attached hereto.
Moved by Alderman Wilson that Resolution No. 29-83 be passed.
Motion seconded by Alderman Boston.
Tom Stewart, Senior Vice President of Interfirst, state that the interest
rate would be 8.8 percent for five years. The $340,000 will require a monthly
payment in the neighborhood of $7,000. There are no prepayment clauses.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris,
and Boston
Nays: None
Item 13a
Bids were considered on police communication equipment.
Moved by Alderman Shearman that the bid be awarded to General Electric in
the amount of $38,221 .
Motion seconded by Alderman Wilson.
Police Chief Harrelson stated that they only received one bid. Motorola
chose not to bid because they would have to make too many exceptions. He feels
it is a competitive bid, however.
The motion was carried unanimously.
Item 14a
Caven Crossnoe appeared for David Squier, who is Chairman of the Charter
Revision Committee. He presented their recommendations.
Mr. Crossnoe stated that many of these changes deal with housekeeping, but
some are substantive. The most substantive is that the present method of electing
City Council members be put to a vote. The Committee feels that a sufficient
number of people in the city desire that it be put to a vote. Their proposal
does not necessarily mean that the current system should be changed, but for
their purposes their individual votes would not have been relevant.
They are also recommending that the number of signatures required on
initiative and referendum petitions be increased to five (5) percent of registered
voters. This would roughly double the present requirements. Right now the
Committee feels it is simply too easy to bring a small matter to the City, with
all expenses involved in holding the election. This would also make validating
procedures easier for the City Clerk.
The Committee also recommends combining the job of the Director of Finance
and Chief Accounting Officer. What the Committee is proposing is a reflection of
present practice. Realistically a person cannot have two jobs. Having separate
people can sometimes have disruptive practices.
A grievance procedure for City employees presented to the Committee by Bill
Horton, representative of CLEAT, was not recommended to be included in the charter
because they did not feel that was the proper place for it. They did agree to
pass it on to the Council . They gave no consideration to it.
Mayor Cook stated that they would take these recommendations under advisement,
and bring them back for consideration.
i
80
Item 14b
Elaine Kreml , 4112 Mustang, appeared as Campaign Treasurer for the Airport
Zoning Committee. She asked when decisive action would be taken on this matter?
Mayor Cook explained that 30 days prior to the election was the deadline, and
he felt that it would be addressed very soon.
Bill Horton appeared representing the Wichita Falls Police, Fire, and
Employees Associations on the grievance procedure. They feel this should be
placed on the ballot to give citizens of Wichita Falls an opportunity to vote
on it. He stated that they want it in the City Charter so that a City Manager
cannot initiate whatever he wants.
Randolph Duke, 4131 Beard, asked about the workshop on ambulance service.
The Mayor stated that it has not been set, but that he would be notified.
Acting City Manager Dane Bennett suggested that a committee be appointed
to take a look at accounting software. Mayor Cook named himself, Alderman
Wilson, a local member of private industry, and a member of our auditing firm.
Items 14 c, e
The Board of Aldermen recessed at 10:50 A.M. for an executive session
pursuant to Article 6252-17, paragraph (g) , of the Revised Texas Civil Statutes.
The meeting resumed at 11 :45 A.M.
Moved by Alderman Hampton that the following be -appointed and reappointed to
the Clean Community Commission for two year terms from February 1 , 1983 through
December 31 , 1984.
a. Gary Cardwell - reappointed
b. Tommy Robinson - reappointed
c. Robert Seabury - reappointed
d. Lee Williamson - reappointed
e. Art Beyers - replacing Ray Meadows
f. John W. Stahler - replacing Louis Esquibel
g. Lana McDonald - replacing Mrs. George Stevens
Motion seconded by Alderman Shearman, and carried unanimously.
Item 14f
RESOLUTION NO. 30-83
RESOLUTION CONFIRMING THE APPOINTMENT OF A FIRE CHIEF FOR THE
CITY OF WICHITA FALLS.
WHEREAS, in accordance with the provisions of Article 1269m, Revised Civil
Statutes of Texas, Acting City Manager Dane J. Bennett has appointed James A.
Jameson as the Fire Chief for the City of Wichita Falls; and,
WHEREAS, said Article 1269m provides that the appointment must be confirmed
by the City Council .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Such appointment of James A. Jameson as Fire Chief for the City of
Wichita Falls is hereby confirmed.
Moved by Alderman Morris that Resolution No. 30-83 be passed, confirming
the appointment of James A. Jameson as Fire Chief.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson, Morris, and Boston
Nays: Alderman Hampton
81
The Board of Aldermen adjourned at 11 :50 A.M.
PASSED AND APPROVED this � � day of �u.�t�c,c_ 1983.
Gar D. C Mayor
ATTEST:
Wilma J. Thomas, CMC
City Clerk
REGULAR MUNICIPAL ELECTION
r�
e"
April 2, 1983
'JNTY JUDGE AND CITY BOX
. AECINCT NO. POLLING PLACE ALTERNATE NUMBER
1 ,2,9,10,11 ,41 Wichita County Courthouse Mrs. D. L. Chancellor 1
7th and Lamar Mrs. Sharen Smith, Alternate
3 & 4 Lamar School Mrs. Bobbie J. Wise 2
2206 Lucas Mrs. Lallora Taylor, Alternate
5,17,47,50 McGaha School Mrs. Ellen R. Wages 3
1615 Midwestern Pkwy. Mrs. Ruth Graham, Alternate
6,30,43 Ben Franklin School Mrs. Edwin G. Brown 4
2112 Speedway Mrs. Joe Steele, Alternate
7,40,54 Washington Kindergarten Mrs. A. L. Wilson 5
600 Flood Mr. Tommy Nelson, Alternate
8,12,31 Fain School Mrs. John E. Dawson 6
1404 Norman Mr. A. C. Comstock, Alternate
13,26,61 ,62 Kate Haynes School Mrs. Doris Wilson 7
1705 Katherine Mrs. Lilliam Jones, Alternate
14,21 ,45,53 Crockett School Mrs. Betty Welch 8
3015 Avenue I Mrs. Sadie Ross, Alternate
15,19,20,22 Zundelowitz Jr. High Mrs. Tommy Murdock 9
1706 Polk Mrs. Guillermo Garcia, Alternate
16,57,59 Rider High School Mrs. Edna M. Capron 10
4611 Cypress Mrs. Elizabeth A. Smith, Alternate
18,42,44,55 Hirschi High School Mrs. W. L. Voyles 11
3106 Borton Mrs. Hugh Petete, Alternate
23,24,25 Sam Houston School Mrs. Jerry Walser 12
2500 Grant Mrs. Charles Box, Alternate
48,51 ,58 Barwise Jr. High Mr. Horace Downing 13
3807 Kemp Mrs. Jack Lynch, Alternate
_52
& 56 Cunningham School Mrs. James T. Spray 14
4107 Phillips Mrs. Edith Eckert, Alternate
TfXA'' (�
ELECTnic E911.710EaT AC-0JNT NUMBER
A(,RFEMENT FOR EXTEI'MING
DiS1-RIBUTION FACILITIES �DA` F FE-P""ED
January 12 , 1')8 3
C US� NAr.tE AMOUNT OF PAYMENT
City of Wichita Falls $3 , 996 . 00
;- + R SERVICE ADDRESS :cusJoMcR MAILING ADDREes jrwo i— czd�Tr, ';-,)
Various Locations P . 0. Box 1431
Wichita Falls, Texas Wichita Falls, Texas 76307
i
DESCRIPTION OF DISTRIBUTION FACILITIES_-,
Contribution-In-Aid to construction to provide 3-phase services to
various new warning siren locations .
I
I
1. Texas Electric Service Company agrees to install, own, operate, and maintain distribution
facilities (electric lines and other equipment) necessary to provide electric service to
Customer at the above service address.
I
2. Upon execution of this agreement, Customer agrees to pay Company the amount specified
above in consideration of Company's mak,ng an investment in distribution facilities that is
in excess of the investment justified by the expected electric service revenue from the
facilities.
3. It is agreed that Company is entitled to and will retain for its use and benefit the amount
specified above in consideration of its obligation to install the distribution facilities.
4. Company at all times has title to, and complete ownership end control of, the distribution
facilities installed under this agreement and has the right to use such facilities in serving
other customers.
S. Company is not liable for loss or injury caused by delay or failure to install the distribution
facilities necessary to serve Customer because of delay in receiving shipments of required
material, orders or formal requests of governmental agencies, acts of God or the public
enemy, inevitable accidents, fire:, explosions, strikes, riots, war, or any other causes reas-
onably beyond control of Company. If Company is prevented from installing such distribu-
tion facilities by any of the above causes, Company agrees to return to Customer, without
interest, the entire amount of Customer's payment, thereby terminating this agreement and
Company's obligation to provide electric service to Customer.
I
a
F . R. Woerner
-SIGNATURE
A C C E F T E O By
TEXAS ACCEPTED I'---- __-_- ---it'-- ------ — ` -
TITLF. II, TI T
ELECTRIC L E
General Commercial Mgr . BY g y g
i Actin City Manager
SERVICE (----- --._._-------- _ .. _._ ----- 'I COMPANY CUSTOMER ------ --. _. -------- ----..__---
DATE SIGNED (DATE SIGNED
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EXHIBIT A Page 4 _ of _7 Page
Agenda Item No . 2,d, ^F
;;< no,
Intearfirst
City National Birk Tom E. Stewart
h in Wichita Falls Srmior Vic(, p resident
�(in ^,r,nli Stre �
V. r,O,i t '6307
i t 1 7)
January 25, 1983
Mr. Dane Bennett
Active City Manager
City of Wichita Falls.
Wichita Falls, Texas 76301
Mr. Bennett:
InterFirst Bank, Wichita Falls has committed a loan in the amount
of $340,000 for the purchase of rolling stock for the City of
Wichita Falls.
The terms of this comnitment are as follows:
Amount of loan - $340,000
Interest rate will be 8.80%
Terms (5 years) 60 equal monthly installments of principal
and interest - $7,024.88
It has been a pleasure for us at InterFirst to work with
your staff in this request. If I may be of any additional
assistance please call.
Sincerely yours;
r �
Thomas E. Stewart
Senior Vice President
TES:slr
An lntprfi,st Bank Page 5 of 17 Pages
Agenda Item No. 12.d.
Date of Lease
B::�JIRA34T LEASE-RJE aASE /CQtEHVF'VT
Lessor : InterFirst Bank Wichita Falls . N.A.
Address: 800 Scott Street, Wichita Falls , Texas 76301
Lessee:
Address:
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor ,
the items of Equipment (the "Equipment") described in Exhibit A attached to this
Equipment Lease-Purchase Agreement (the "Lease") , upon the following term and
conditions:
1 . Delivery and Acceptance. Lessee, or if Lessee so requests, Lessor,
will cause the Equipment to be delivered to Lessee at the location specified in
Exhibit A (the "Equipment Location"). Lessee will pay all transportation and
other costs, if any, incurred in connection with the delivery of the Equipment.
Lessee will accept the Equipmnt as soon as it has been delivered and is opera-
tional, or in the event that the manufacturer or vendor allows a pre-acceptance
test period, as soon as the test period has expired. Lessee will evidence its
acceptance of the Equ i lxren t by executing and delivering to Lessor an Acceptance
Certificate (herein so called) in the form provided by Lessor.
2. Term. This Lease will become effective upon the execution hereof by
Lessor. The term of this Lease will comrrence on the date the Equipment is
accepted pursuant to Section 1 above and, unless earlier terminated as expressly
provided for in this Lease, will continue until the Expiration Date set forth in
Exhibit B attached hereto (hereinafter the "Lease Term") .
3. Rent . Lessee agrees to pay to Lessor to its assignee the Lease
Payments (herein so called) , including the interest portion, equal to the
amounts specified in Exhibit B. The Lease Payments will be payable without
notice or demand at the office of the Lessor (or such other place as Lessor or
its assignee may from time to tirre designate in writing) , and will ecrrrrence on
the first Lease Payment date as set forth in Exhibit B and thereafter on the
dates set forth in Exhibit B. Any payments received later than ten (10) days
frcm the due date will bear interest at the highest lawful rate from the due
date. Except as specifically provided in Section 4 hereof, the Lease Payrrents
will be absolute and unconditional in all events and will not be subject to any
set-off, defense, counterclaim, or recoupment for any reason whatsoever.
Lessee reasonably believes that funds can be obtained sufficient to
make all Lease Payments during the Lease Term and hereby convenants that it will
do all things lawfully within its power to obtain, maintain and properly request
and pursue funds from which the Lease Payments may be made, including making
provisions for such payments to the extent necessary in each budget submitted
for the purpose of obtaining funding, using its bona fide best efforts to have
such portion of the budget approved and exhausting all available administrative
reviews and appeals in the event such portion of the budget is not approved. It
is Lessee 's intent to make Lease Payments for the full Lease Term if funds are
legally available therefor and in that regard Lessee represents that the use of
the Equipment is essential to its proper, efficient and economic operation.
4. Nonappropriation of Funds. In the event no funds or insufficient
funds are appropriated and budgeted or are otherwise available by any means
whatsoever in any fiscal period for Lease Payments due under this Lease, then
the Lessee will immediately notify the Lessor or its assignee of such occurrence
and this Lease shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to Lessee of any kind
whatsoever , except as to the portions of Lease Payments herein agreed upon for
which funds shall have been appropriated and budgeted or are otherwise avail-
able. In the event of such termination, 'Lessee agrees to peaceably surrender
possession of the Equipment with manufacturer specifications and freight prepaid
Page 6 of 17 Pages
_ 1 _ Agenda Item No. 12.d.
and insured to any location in the continental United States designated by
Lessor. Lessor will have all legal and equitable rights and remedies to take
possession of the Equipmmnt.
Notwithstanding the foregoing, Lessee agrees ( i) that it will not
cancel this Lease under the provisions of this Section if any funds are appro-
priated to it, or by it , for the acquisition, retention or operation of the
Equipment or other equipment performing functions similar to the Equipment for
the fiscal period in which such termination occurs or the next succeeding fiscal
period thereafter, and ( ii) that it will not during the Lease Term give priority
in the application of funds to any other functionally similar equipment. This
paragraph will not be construed so as to permit Lessee to terminate this Lease
in order to acquire any other equipment or to allocate funds directly or in-
directly to perform essentially the same application for which the Equipment is
intended.
5. Limitation on V-!arranties. Lessee acknowledges and- agrees that the
Equipment is of a size, design, and capacity selected by Lessee, that Lessor is
neither a manufacturer nor a vendor of such equipment, and that LESSOR FAS NDT
MALE, AND DOES K)T 1-1IZ2EBY Mom, ANY REPRESBVTATICN, WA PLATY, CR CXI3\INT,
E)WRFSS CR IMPLIED, WITH RESPECT TO THE IVU-IA IMILITY, CZIDITICN, Q-PLI-IY,
IQRABILI-IY, DESIGN, OPE2ATICN, FITNESS F R USE, CR SUITABILITY CF THE 134JIRMEW
IN ANY RESPECT Vh-ATSOEVEP, CR IN COMMCN WITH CR FCR THE PCRPOSES AND USES CF
LESSEE, CR ANY C7II i R REPRESB\rTATICN, WAFT AN Y, CR OJVEIEJ CF ANY KIND CR
GiVO f1=R, EXPRESS CR IWLIED, WITH RESPECT THH2EIU, AID LFSSCR &WL NJT BE
CBL.IGATED CR LIABLE IZR ACRYL, Ii�IDHVfAL, C ZMB:F HVTIAL, CR OM7ER DES OF
CR TO LESSEE CR ANY 01HER PER.SCN CR EVTI TY ARISING CUT CF CR IN C aN�CTICN WITH
THE USE CR PERIURM E CF "II-E B::�JIMfE,X AND THE MMNTE PNM M-ERE .
Lessor hereby assigns to Lessee during the Lease Term, so long as no
Event of Default has occured hereunder and is continuing, all manufacturer 's
warranties, if any, expressed or implied with respect to the Equipment, and
Lessor authorizes Lessee to obtain the customary services furnished in connec-
tion with such warranties at Lessee 's expense.
6. Authority and Authorization. Lessee represents, covenants and war-
rants, and as requested by Lessor, will deliver an opinion of counsel to the
effect that: ( i) Lessee is a fully constituted political subdivision or agency
of the State of the Equipment Location; ( ii) the execution, delivery and per-
formance by the Lessee of this Lease have been duly authorized by all necessary
action on the part of the Lessee ; and ( iii) this Lease constitutes a legal,
valid and binding obligation of the Lessee enforceable in accordance with its
terms. Lessee agrees that ( i) it will do or cause to be done all things
necessary to preserve and keep the Lease in full force and effect, ( ii) it has
complied with all bidding requirements where necessary and by due._notification
presented this Lease for approval and adoption as a valid obligation on its
part, and ( iii) it has sufficient appropriations or other funds available to pay
all arrounts due hereunder for the current fiscal period.
7. Title. Upon acceptance of the Equipment by Lessee hereunder, title to
the Equipment will vest in Lessee; provided, however, that ( i) in the event of
termination of this Lease by Lessee pursuant to Section 4 hereof; (ii) upon the
occurrence of an Event of Default hereunder, and as long as such Event of
Default is continuing; or (iii) in the event that the purchase option has not
been exercised prior to the Expiration Date, title will inrrediately vest in
Lessor or its assignee.
8. Security Interest. In order to secure all of its obligations here-
under , Lessee hereby ( i) grants to Lessor a first and prior security interest in
any and all right, title and interest of Lessee in the Equipment and in all
additions, attachments, accessions, and substitutions thereto, and on any pro-
ceeds therefrom, (ii) agrees that this Lease may be filed as a financing state-
ment evidencing such security interest, and (iii) agrees to execute and deliver
all financing statements, certificates of title and other instruments necessary
or appropriate to evidence such security interest.
9. Personal Property. The Equipment is and will remain personal property
and will not be deemed to be affixed to or a part of the real estate on «kiich it
may be situated, notwithstanding that the Equipment or any part thereof may be
or hereafter become in any manner physically affixed or attached to real estate
or any building thereon. If requested by Lessor, Lessee will , at Lessee 's ex-
pense, furnishea landlord or mortgagee waiver with respect to the Equipment.
- 2 - Page 7 of 17 Pages
Agenda Item No. 12.d.
10. Use; Repairs. Lessee will use the Equipment in a careful manner for
the use contemplated by the manufacturer for the Equipment and shall comply with
all laws, ordinances, insurance policies and regulations relating to, and will
pay all costs, claims, damages, fees and charges arising out of its possession,
use or maintenance. Lessee, at its expense, will . keep the Equipment in good
repair and furnish all parts, mechanisms and devices required therefor. If the
Equipment is such as is customarily covered by a maintenance agreement, Lessee
will furnish Lessor with a maintenance agreement with a party satisfactory to
Lessor.
11 . Alterations. Lessee will not make any alterations, additions or
improvements to the Equipment without Lessor 's prior written consent unless such
alterations, additions or improvements may be readily removed without damage to
the Equipment.
12. Location; Inspection. The Equipment will not be removed from, or if
the Equipment consists of rolling stock, its permanent base will not be changed
from, the Equipment Location without Lessor 's prior written consent which will
not be unreasonably withheld. Lessor will be entitled to enter upon the
Equipmm rit Location or elsewhere during reasonable business hours to inspect the
Equiprent or observe its use and operation.
13. Liens and Taxes. Lessee shall keep the Equipment free and clear of
all levies, liens and encumbrances except those created under this Agreement.
Lessee shall pay, when due, all charges and taxes (local , state and federal)
which may now or hereafter be imposed upon the ownership, leasing, rental , sale,
purchase, possession or use of the Equipmment, excluding however , all taxes on or
measured by Lessor 's income. If Lessee fails to pay said charges, and taxes
when due, Lessor shall have the right, but shall not be obligated, to pay said
charges and taxes. If Lessor pays any charges or taxes for which Lessee is
responsible or liable under this Agreement, Lessee shall reimburse Lessor there-
for.
14. Risk of Loss; Damage; Destruction. Lessee assumes all risk of loss of
or damage to the Equipment from any cause whatsoever, and no such loss of or
damage to the Equipment nor defect therein nor unfitness or obsolescence thereof
shall relieve Lessee of the obligation to make Lease Payments or to perform any
other obligation under this Lease. In the event of damage to any item of
Equipment, Lessee will inrrediately place the same in good repair with the pro-
ceeds of any insurance recovery applied to the cost of such repair . If Lessor
determines that any item of Equipment is lost, stolen, destroyed or damaged
beyond repair , Lessee at the option of Lessor will : either (a) replace the same
with like equipment in good repair ; or (b) on the next Lease Payment date, pay
Lessor: (i) all armunts then owed by Lessee to Lessor under this Lease, includ-
ing the Lease Payment due on such date; and ( ii) an arrount equal to the
applicable Concluding Payment set forth in Exhibit B. In the event that Lessee
is obligated to make such payment with respect to less than all of the
Equipment, .Lessor will provide Lessee with the pro rata arrount of the Lease
Payment and the Concluding Payment to be made by Lessee with respect to the
Equipment which has suffered the event of loss.
15. Insurance. Lessee, will , at its expense, maintain at all times during
the Lease Term, fire and extended coverage, public liability and property damage
insurance with respect to the Equipment in such armunts, covering such risks,
and with such insurers as shall be satisfactory to Lessor, or, with Lessor 's
prior written consent, may self-insure against any or all such risks. In no
event will the insurance limits be less than the amount of the then applicable
Concluding Payment with respect to such Equipment. Each insurance policy will
name Lessee as an insured and Lessor or its assigns an as additional insured and
loss payee, and will contain a clause requiring the insurer to give Lessor at
least thirty (30) days prior written notice of any alteration in the terms of
such policy or the calcellation thereof. The proceeds of any such policies will
be payable to Lessee and Lessor or its assigns as their interests may appear.
Upon acceptance of the Equipment and upon each insurance renewal date, Lessee
will deliver to Lessor a certificate evidencing such insurance. In the event
that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a
letter or certificate to such effect. In the event of any loss, damage, injury
or accident involving the Equipment, Lessee will promptly provide Lessor with
written notice thereof and crake available to Lessor all information and doc-
umentation relating thereto.
- 3 Page 8 of 17 Pages
Agenda Item No. 12.d.
16. Indenmification. Lessee shall indemnify Lessor against, and hold
Lessor harmless from, any and all claims, actions, proceedings, expenses,
damages or liabilities, including attorney 's fees and court costs, arising in
connection with the Equipment, including, but not limited to, its selection,
purchase, delivery, possession, use, operation, rejection or return and the re-
covery of claims under insurance policies thereon.
17. Purchase Cption. Upon thirty (30) days prior written notice from
Lessee to Lessor, and provided that there is no Event of Default, or an event
which with notice or lapse of time, or both, could become an Event of Default,
then existing, Lessee will have the right to purchase the Equipment on the Lease
Payment dates set forth in Exhibit B by paying to Lessor, on such date, the
Lease Payment then due together with the Concluding Payment amount set forth
opposite such date. Upon satisfaction by Lessee of such purchase conditions,
Lessor will transfer any and all of its right, title and interest in the
Equipment to Lessee as is, without warranty, express or implied, except that
lessor will warrant to Lessee that the Equip-rent is free and clear of any liens
created by Lessor.
18. Assigrrrent. Without Lessor 's prior written consent, Less will not
either ( i) assign, transfer, pledge, hypothecate, grant any security interest in
or otherwise dispose of this Lease or the Equipment or any interest in this
Lease or the Equipment, or ( ii) sublet or lend the Equipment or permit it to be
used by anyone other than Lessee or Lessee 's errployees. Lessor may assign its
rights, title and interest in and to this Lease, the Equipment and any other
docu-rents executed with respect to this Lease and/or grant or assign a security
interest in this Lease and the Equipment, in whole or in part. Any such
assignees shall have all of the rights of Lessor under this Lease. Subject to
the foregoing, this Lease insures to the benefit of and is binding upon the
heirs, executors, administrators, successors and assigns of the parties hereto.
Ligon assignment of Lessor 's interests herein, Lessor will cause written notice
of such assignrent to be sent to Lessee which will be sufficient if it discloses
the name of the assignee and address to which further payrrents hereunder should
be made. No further action will be required by Lessor or by Lessee to evidence
the assignrrent, but Lessee will acknowledge such assignments in writing if so
.requested.
19. Events of Default. The term "Event of Default", as used herein, means
the occurence of any one or more of the following events:
(a) Lessee fails to make any Lease Payment (or any other payment) as
it becomes due in accordance with the terms of this Lease, and
any such failure continues for ten (10) days after the due date
thereof;
(b) Lessee fails to perform or observe any other covenant, condition,
or agreerrent to be performed or observed by it hereunder and such
failure is not cured within twenty (20) days after written notice
thereof by Lessor ; or
(c) The discovery by Lessor that any staterrent, representation, or
warranty made by Lessee in this Lease or in any writing ever de-
livered by Lessee pursuant hereto or in connection herewith is
false, misleading, or erroneous in any material respect.
20. Rerredies. Upon the occurence of an Event of Default, and as long as
such Event of Default is continuing, Lessor may, at its option, exercise any one
or =re of the following rerredies:
(a) By written notice to Lessee, declare an amount equal to all
amounts then due under this Lease and all remaining Lease
Payments due during the Lease Term to be immediately due and pay-
able, whereupon the same shall become immediately due and pay-
able;
(b) By written notice to the Lessee, request Lessee to (and Lessee
agrees that it will) , at Lessee 's expense, pra-rptly return the
Equipmnt to Lessor in the manner set forth in Section 4 hereof,
or Lessor, at its option, may enter upon the premises where the
Equipmmnt is located avid take imrrediate possession of and rermve
the same;
- 4 - Page 9 of 17 Pages
Agenda Item No. 12.d.
(c) Sell or lease the Equipment or sublease it for the account of
Lessee, holding Lessee liable for all Lease Payments and other
payrrents due to the effective date of such selling, leasing or
subleasing and for the difference between the purchase price,
rental and other arrounts paid by the purchaser , lessee or sub-
lessee pursuant to such sale, lease or sublease and the amounts
payable by Lessee hereunder ; and
(d) Exercise any other right, rerredy or privilege which may be avail-
able to it under applicable laws of the state of the Equipment
Location or any other applicable law or proceed by appropriate
court action to enforce the terms of this Lease or to recover
damages for the breach of this Lease or to rescind this Lease as
to any or all of the Equipment.
In addition, Lessee will remain liable for all covenants and indern-
nities under this Lease and for all legal fees and other costs and expenses,
including court costs, incurred by Lessor with respect to the enforcerrent of any
of the remedies listed above or any other rerredy available to Lessor.
21 . Notices. All notices to be given under this Lease shall be made in
writing and mailed by certified mail , return receipt requested, to the other
party at its address set forth herein or at such address as the party rray
provide in writing from t irre to time. Any such notice shall be dearred to have
been received five days subsequent to mailing.
22. Section Headings. All section headings contained herein are for the
convenience of reference only and are not intended to define or limit the scope
of any provision of this Lease.
23. Governing Law. This Lease shall be construed in accordance with, and
governed by the laws of, the state of the Equipment Location.
24. Delivery of Related Mcurrentsr. Lessee will execute or provide, as re-
quested by Lessor, such other docunts and information as are reasonably
necessary with respect to the Transaction contemplated by this Lease. At the
request of Lessor , Lessee will furnish Lessor annual financial statements of
Lessee within Forty-five days after the end of Lessee's fiscal year.
25. Entire Agreerrent; River . This Lease, together with the Acceptance
Certificate and other attachments hereto, and other documents or instruments ex-
ecuted by Lessee and Lessor in connection herewith, constitute the entire agree-
ment between the parties with respect to the lease of the Equipment, and this
Lease shall not be modified, amended, altered, or changed except with the
written consent of Lessee and Lessor. Any provision of this Lease found to be
prohibited by law shall be ineffective to the extent of such prohibition without
invalidating the remainder of this Lease. The waiver by Lessor of any breach by
Lessee of any term, covenant or condition hereof shall not operate as a waiver
of any subsequent breach thereof.
26. Additional Provisions. Any arrendments to the standard language of
this Lease will be set forth in Exhibit C attached hereto.
IIVI RFIRST M K WI(TUTA FALLS, N.A. LESSEE
By: By:
Title: Title:
- 5 - Page 10 of 17 Pages
Agenda Item No. 12.d.
E*fIBIT A
DESCRIPTICN CF B�JIR13g1"
L4at—i t-Y Description Serial hb.
� � f
BQUIMENT LCCATIC N
* To be cmpleted upon Lessee's acceptance of the Equipmnt.
Page 11 of 17 Pages
Agenda Item No. 12.d.
EX}-IIBIT B
PMEM" SCHECUL.E
Lessee 's Fiscal Period: #
Expiration Date:
Lease Lease
Payrrent Payrrent Lease Interest Principal Concluding
Marber Date Payment Portion Portion Portion
* To be corrpleted upon Lessee 's acceptance of the Equiprrent.
Page 12 of 17 Pages
Agenda Item No. 12.d.
ACCEPTANCE CERTIFICATE
InterFirst Bank Wichita Falls, N.A.
800 Scott Street
Wichita Falls, Texas 76301
Gentlemen:
In accordance with the terms of the Equipment Lease-Purchase Agreement dated
19_, (the "Lease") between InterFirst Bank Wichita
Falls, N.A. ("Lessor"), and the undersigned ("Lessee"), Lessee hereby certifies
and represents to, and agrees with, Lessor as follows:
1. The Equipment, as such term is defined in the Lease, has been
delivered and installed at the Equipment Location specified in the Lease and
accepted on the date indicated below. -
2. Lessee has conducted such inspection and/or testing of the Equipment
as it deems necessary and appropriate and hereby acknowledges that it accepts
the Equipment for all purposes.
3. No Event of Default, as such term is defined in the Lease, and no
event which wit notice or lapse of time, or both, would become an -Event of
Default, has occurred and is continuing at the date hereof.
LESSEE
By:
Title:
Date:
Page 13 of 17 Pages
Agenda Item No. 12.d.
(To be written on Lessee 's Letterhead)
ESSENTIAL USE LE-=
19_
InterFirst Bank Wichita Falls, N.A.
800 Scott Street
Wichita Falls, Texas 76301
Re: Equipment Lease-Purchase Agreerrent dated , 19_
Gentlemen:
This letter is being written with respect to the use of the Equipment
(herein so called) to be leased to the undersigned under the above-
referenced Equiprrent Lease-Purchase Agreerrent. The Equipment will be used
by for the following purposes:
(Department or Division Using Equipment)
(State how and for what purposes the Equipment will be used)
The undersigned hereby represents that the use of the Equipment is
essential to its proper, efficient and economic operation.
Very truly yours,
LESSEE
_ By:
Title:
Page 14 of 17 Pages
Agenda Item No. 12.d.
CERTIFICATE
I , do hereby certify that I am the duly
elected or appointed and acting Secretary/Clerk of ,
a political subdivision or agency duly organized and existing under the
laws of the State of , that I have custody of the
records of such entity, and that, as of the date hereof, the individuals
narred below are the duly elected or appointed officers of such entity
holding the offices set forth opposite their respective nacres. I further
certify that ( i) the signatures set opposite their respective nacres. I
further certify that ( i) the signatures and ( ii ) such officers have the
authority on behalf of such entity to enter into that certain Equiprent
Lease-Purchase Agreernent dated , 19_, between such
entity and InterFirst Bank Wichita Falls, N.A. .
MNVE TITLE S 1C74ATLRE
IN WITNESS W-ERBCF, I have duly executed this certificate and affixed
the seal of such entity hereto this day of 19_
Secretary/Clerk
SEAL
Page 15 of 17 Pages
Agenda Item No. 12.d.
(To be written on Counsel 's Letterhead)
CPINICN CF CCU SEL
19_
InterFirst Bank Wichita Falls, N.A.
800 Scott Street
Wichita Falls, Texas 76301
Re: Equipment Lease-Purchase Agreement
Gentlemen- :
I have acted as Counsel to (the "Lessee") with
respect to that certain Equipment Lease-Purchase Agreement (the "Lease")
dated , 19_, by and between InterFirst Bank Wichita
Falls, N.A. , and the Lessee. I have reviewed the Lease and such other
docurrents, records and certificates of Lessee and appropriate public
officials as I have deermd relevant and am of the opinion that:
1. The Lessee is a political subdivision or agency of the State of
2. The execution, delivery and perforrrance by the Lessee of the
Lease have been duly authorized by all necessary action on the
part of the Lessee; and
3. The Lease constitutes a legal , valid and binding obligation of
the Lessee enforceable in accordance with its terms.
Very truly yours,
(Attorney for the Lessee)
Page 16 of 17 Pages
Agenda Item No. 12.d.
CERTIFICATE CF APP"RIATICN
of
hereby certify that all lease payrrents due by
under that certain Equiprrent Lease-Purchase
Agreemnt dated as of , 19_, between
as Lessee, and InterFirst Bank Wichita Falls,
N.A. , as Lessor, for the. fiscal year ending , 19_, are
within the fiscal year ending Budget for
and within an available, unexhausted and
unencuTh ered appropriation for
IN WITNESS WTI RMF, I have se t rry hand this day of
19_.
LESSEE
By:
Narre:
Title:
Page 17 of 17 Pages
Agenda Item No. 12.d.
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1, i, 'A"I,h December 27, 1982
City Manager
City of Wichita Falls
P. 0. Box 1431
Wichita Falls, Texas 76307
Dear Sir:
Re: Application of City of Wichita Falls and Wichita County
Water Improvement District No. 2 to amend Water Use
Permit No. 504, as amended
In reviewing your application to amend Permit No. 504 , as amended,
I noticed that we had no diversion rate specified and that the
department did not have the authorization for the city manager and
the general manager to act as required by the Texas Water Commission.
Your request to divert 5, 850 acre-feet of water per annum from
Lake Kemp-Lake Diversion for recreational uses in Lake Wichita
needs a maximum rate of diversion specified before the amendment
can be issued. Neither Permit No. 504 nor 504A specifies any rate
of diversion. To finish processing this application, we need a
request for the maximum diversion rate you plan to use, and whether
this rate increases, decreases, or simply maintains the diversion
rate the City of Wichita Falls and the Wichita County W. I.D. No. 2
have used in the past. The diversion rate can be stated as either
cfs and/or gpm.
Additionally, the Texas Water Commission is requiring proof
of an individual ' s authorization to represent the city or a public
district. Any person who signs the application and amendments
thereto on the City' behalf must show his authority to do so
(Department Rule 156 . 02 . 15. 014 (5) ) . The authority may be in the
form of a city council resolution, city charter provision, or
other similar form. Please note that those persons who need
authorization include Robert Haley, acting city manager in 1980
who signed the original application, Frank A. Bach, city manager
in 1980 who signed an amendment to the application, and Joe C.
Smith, Director of Public Utilities, who has signed several
amendments to the application. Additionally, Mr. Jimmy Banks,
general manager of the Wichita County W. I.D. No. 2 be shown as a
duly authorized official by either a Board resolution, bylaws, or
any other similar form.
P. 0. 1',ox 0 512/4753187
q�
City Manager
Page 2
December 27, 1982
It would also be beneficial if the Wichita County W. I.D. No. 2
joined in all the amendments to the application made by the City
of Wichita Falls through Joe C. Smith. At present, those amend-
ments are requested only by the City of Wichita Falls. This could
be done by another sworn statement from a duly authorized official
of the Wichita County W. I.D. No. 2.
If you have any additional information regarding these amendments
or have any further questions, please do not hesitate to telephone
me at (512) 475-6943.
Sincerely yours,
71 alKtti kAAkItki�-,
Nancy iMatchus
Staff Attorney
General Counsel ' s Office
cc: Mr. Jimmy Banks
Wichita County Water Improvement District No. 2
402 East Scott
Wichita Falls, Texas 76301
Mr. Jimmy P. Horany
701 Petroleum Building
Wichita Falls, Texas 76301
Mr . John Adams
5119 Lake Shore Drive
Wichita Falls, Texas 76310
Mr. Toby Cisneroz, Water Permits
}
-:r. Dane J. Bennett
Acting City Manager
city of Wichita yells
P. J. Box 1431
Wichita Falls , Texas 76307
Dear s,'r. Bennett :
Re : Lake Wichita Day-,
Certified Filinn, No. 559
National Inventory No. TY 101.7
'reference is made to your phone conversation with "oble Campbell ,
of, this office, on January 6 , 19q1. 'Iolbl e explained to ,you t'--.at
this letter would follow to Jocument. ymir Oiscussion. i>asicaI1v
our intent is to communicate that the Depart-ment Las received a
complaint from a private individual re;isterinF his concern tbat a
heavy growth of reeds and aquatic type vec-etation in the entrance•
to the Take Wichita spillway will. interfere with walor flood fiC,trS
through that spillway. This letter is not related to ot'•cr
cornunications to Ole ''ity on t1,c water ri_,i-hrs Issue.
I+� r'.,.e rcfarence,l ,honc converF,Irion , ,,-o-
t Yt"ld'7 �1:1, f?13LIF. toiL'' 'i?Vi? � . l :^.i' �.�_1".:I` ✓ �r fill',`. '_'1 M}.a? V?1'+n
near future.
Obviously, there is a need that the snil.lway be maintained so as
to Function to its waximur: flood flaw crar)acity until decisions are
r+ade, and actions accomplished , on, tl).� nuestion of re' ahi.litation ,
or reconstruction, of Lake c irl,ita Dar. ' o•,rards that end , please
see the enclosed copy of an isorletric si,e-tc!� of thl! spillway
(wv:ich is attached to a phone call r•eT-jorandur^ to "r. Pale Cantrell ,
dated January 5 , IM) . The sketch notes rl:at Agency Files on
this structure describe various wounds of earth places' in the
spillway for reasons unknown to us .
Mr. ;bane J. Bennett
Pager 2
January 10, 1983
You explained that those wounds of stored sarthfill material have
already boon rmowdf however, you and noble also discussed M*thlr
aspect of clearing the spillway. See the underlined stataftat on
pater 14 of the attaahe+d partial copy of the Corps of Engineers'
Phase I inspection report. The statement is the Corps' reaonsonda-
tion that "tit insure aaxissm utilisation of the existing spillway,
(the City ahoald) regrade the area between the bridge And ee084" �
weir to the elevation of the weir crest".
Your respoaso to Noble's inquiry an this item was to -
hat able 4008 out** a cwreaLu owes of raiead elevwtionx in t •
spillway floor along that particular portion of the channel; how-
ever, your plans are to correct this in the next few sonths when
weather conditions penult. The channel floor will be lowere►t to
the proper trade.
Thank you for your congenial and courteous response to Noble's
inquiries.
Because there has been some changes of City personnel , it appears
appropriate that are should provide you with at least tw* otheer
letter copies, namely those of September 26, 1978, and February 13,
1979, both havinit to do with the Corps of Engineers Phase I V*Wt.
We also Include a part of the report itself. If there are questions
or a need for discussion, please let us know. The phone xt�tb�ts of
this office is 512/475-8220.
We will appreciate knowing when the spillway is cleayredo also,
please keep the Department in,forwed of developments in the planning
process for repairing or reconstructi"g Lake Uiebita Dam.
Very truly yours.
-John R. Clarke, P.R.
Read, Darn Safety Unit
.:nclosurea
cc Faith enclosures o Robert M. Johnson, Texas Dept. of Water hesmrass
Everett Rowland. Texas Dept. of Water lesenreseE
cc Less enclosures: Mayor Gary Cook, City of wicbita Falls
Gorald Grass, Acting Director of Public Utilities ,
City of Wichita palls
Mr. Dane J. Bennett
Page 3
January 10 , 1983
bcc less enclosurest John Adams (complainant) t,,�
5119 Lake Shore Drive
Wichita Falls , Texas 76310
Nancy Matchus, Texas Dept. of Water Resources
r TEXAS NV ()I \VA'I I I; �-��
I7(nt ��:. Go",is ��„ I,u,
\ V� 1A_A I I R I)1A I L()PNI V'L Itt):ARO ti 'I FV'%S WATER 1'0\1\11S,I1 t\
trli>, Mcl) �n,,lcj
; nc; _lulls 1). Sto vcr
rt. .t n ChaiIcs F. Nruiir
January 4, 1983
City Manager
City of Wichita Falls
P . 0. Box 1431
Wichita Falls, Texas 76307
Dear Sir:
Rt : Ancillary matters relating to application of
City of Wichita Falls and Wichita County
Water Improvement District No. 2 to amend
Water Use Permit No . 504, as amended
At present, it appears the only amendment needed to allow diversion
into Lake Wichita based on Permit No. 504, as amended, is one
authorizing diversions of water for recreational purposes . Munici-
pal diversions appear to be authorized by Permit No.__504 , but t-ie--
Commission wi . ave o ecide this question. The right to divert
water through the canal system for irrigation is clearly authorized
in PE t No. 504 , as amended. -�
In my review of your application to amend Permit No. 504 , as amended,
I have discovered additional problems relating to use of water from
Lake Wichita which need to be addressed as soon as possible. Permit
No . 504 , as amended, only authorizes use of water for irrigation,
municipal, industrial and mining uses, within certain limits.
Additionally, Lake Kemp and Lake Diversion are authorized as recrea-
tional reservoirs . Lake Wichita, however, under Certified Filing
No . 792, has not been authorized as a recreational reservoir, although
it presently is used for that purpose. While the amendment to
Permit No. 504, as amended, would authorize the diversion of water
for recreational purposes it will not authorize the storage of that
water in Lake Wichita for recreational purposes. Before the water
could be lawfully diverted, Lake Wichita will have to be permitted
for recreational uses. This can be done by a request to amend
Certified Filing No. 792 for that purpose.
Adjudication proceedings now underway on the Middle Red River Segment
of the Red River will determine specific rights in Lake Wichita. If
you believe there is any possibility you may not have an irrigation
I'. 1. I;u. I ,li?ii' (:.il,�tnl ')tati„w hcsa, 78 11 * nt 12/475-3187
r
City Manager
City of Wichita Falls
Page 2
January 4 , 1983
right in Lake Wichita that would include the irrigation of the city
golf course it may be adviseable to also request an amendment for
that purpose. Irrigation of the country club golf course will also
need authorization which can be accomplished two ways. The country
club could apply for a permit of their own to divert water to irrigate
their course. Or, the City can sell the water to the country club if
the City has irrigation rights from Lake Wichita and if that contract
to supply water is submitted to and approved by the Department.
From protests filed with regard to your application, the Department
is aware that there are unauthorized reservoirs on Holliday Creek
used in association with the City and/or country club golf courses .
These reservoirs must be permitted under Water Code §11 . 121, which
states any storage of state water must be authorized by the Commis-
sion. Certified Filing No. 792 does not cover these reservoirs .
We would appreciate your immediate concern on these matters. If you
have any questions please feel free to call me at (512) 475-6943.
Sincerely,
- Oka
Nancy IL Matchus
Staff Attorney
General Counsel ' s Office
cc: Mr . Bob Johnson
Enforcement Division
Mr . Toby Cisneroz
Water Use Permits
Mr. Jimmy Banks
Wichita County Water Improvement
District No. 2
402 East Scott
Wichita Falls, Texas 76301
Mr . Jimmy P. Horany
701 Petroleum Building
Wichita Falls, Texas 76301
Mr. John Adams
5119 Lake Shore Drive
Wichita Falls , Texas 76310