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Min 03/20/1979 139 Wichita Falls, Texas Memorial Auditorium Building March 20, 1979 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Hardy McAlister Carol Russell Curtis Smith Aldermen Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Fred E. Bassett Absent The invocation was given by Joseph Copeland, First Presbyterian Church. Item 3 Moved by Alderman Thomas that minutes of the meeting held March 6, 1979, be approved. Motion seconded by Alderman Adcock, and carried unanimously. Items 4a-9a Item 5b was moved from the Consent Agenda to the Regular Agenda. Moved by Alderman Thomas that the Consent Agenda be approved. Motion seconded by Alderman McAlister. Item 4a ORDINANCE NO. 3440 ORDINANCE AMENDING ORDINANCE NO. 3424, TO APPOINT A NEW JUDGE AND ALTERNATE JUDGE FOR CITY BOX NO. 5 IN THE REGULAR MUNICIPAL ELECTION. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None Item 5a RESOLUTION NO. 2303 RESOLUTION AUTHORIZING JOE C. SMITH , DIRECTOR OF PUBLIC UTILITIES , TO SIGN DOCUMENTS AUTHORIZING REIMBURSEMENT BY TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Joe C. Smith, Director of Public Utilities, is hereby authorized to sign for the City of Wichita Falls any necessary documents for reimbursement of funds by the Texas Department of Highways and Public Transportation for relocation of utility lines. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None Item 6a Bids for four 44-inch rotary mowers, one greens mower, two 72-inch rotary mowers , and one 72-inch mower deck were awarded to Goldthwaites of Texas in the amount of $25,960.00 Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None 140 Item 6b Low bids for one utility tractor ($7,297.00) , and one utility tractor with front end loader ($8,690.92) for the Park Department, were awarded to Case Equipment Company, Wichita Falls. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays: None ,/ Item 6c The low bid for a copying machine at Kemp Library was awarded to Xerox Corporation, Wichita Falls, in the amount of $5,075.00. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays : None Item 7a ✓RESOLUTION NO. 2304 RESOLUTION ACCEPTING CONSTRUCTION OF CONCRETE TENNIS COURT IN LIONS PARK. WHEREAS, the City of Wichita Falls and Frank McGrath entered into a contract dated January 9, 1979, wherein said contractor agreed to construct a concrete tennis court in Lions Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for such construction was $8,784, none of which has been paid to the contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the concrete tennis court at Lions Park is accepted by the City of Wichita Falls , and the City Manager is directed to pay to said contractor the amount due under such contract. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays : None v I tem 8 Minutes of the meetings of the following boards were received. a. Traffic Safety Council - March 7, 1979 b. Electrical Examiners - March 13, 1979 Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays : None Item 9a Tax Adjustments Numbers 595 through 660 were approved in a total amount of $1 ,734.54. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays : None -Item l0a The public hearing was opened on the 1979-80 Community Development Block Grant program. The City Manager stated that this is the eighth and final hearing on the Community Block Grant Application for 1979-80, beginning in October. After the last hearing three projects were added to the list, including parking lot construction for North Texas Skills Center ($25,000) ; expansion of kitchen facilities for Senior Citizens Center ($27,000) ; and acquisition and remodeling costs for two existing buildings to be used in their opera- tion ($10,000) . A request from Child Care, Inc. has not been included. They have modified their request to $136,585. A great portion of this amount would be for operating costs. A small amount would be for minor remodeling, and to provide some equipment. Alderman Russell noted that the $114,000 for operating expenses would be recurring expenses. Margaret Stewart, of Child Care Inc. , again requested funds for their operation. 141 Item 10a, cont'd. J. C. Boyd, Jr. , Executive Director of Midtown Now, stated that the executive committee has requested that he appear for Community Development funds for parking, resource center, and land for low and moderate housing. He requested approval of the staff's recommendation. The midtown group feels that parking is the key to the revitalization of downtown. They are also interested in Phase Two of the Wichita River Greenbelt because of a planned location of a water slide in that area. Alderman Adcock stated that we have no assurance that federal block grant funding is going to be continued. It is particularly important that we consider this in the light that it would not leave a particular thing half done which is being funded, or be left with no funds to operate it. The City Manager felt that these types of monies will still be made available, whether it is this program or whether it reverts to an old program. The public hearing was closed. RESOLUTION NO. 2305 A RESOLUTION APPROVING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An application for Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1977 is hereby approved, and the City Manager is authorized and directed to complete and file the application for such grant with the Department of Housing and Urban Development. The City Manager is further authorized to execute any necessary documents requested to carry out and complete such grant. The application shall include a Community Development Profile, Community Development and Housing Needs , Comprehensive Strategy, Project Summary, Cost Summary, and the Housing Assistance Plan. Further, such application shall contain certifications providing the assurances which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. Moved by Alderman Thomas that the staff recommendations be followed in the amount fo $2,076,000, with a $30,000 remainder. Motion seconded by Alderman McAlister , and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None Item llb Myron Ryckoff appeared requesting reimbursement of funds from the City in the amount of $636.10. He stated that the charges against him have been dismissed because the courts are so full . The City Manager stated that claims against the city are presented to the City Attorney's office, and that Mr. Ryckoff's claim should be handled the same way. Mr. Ryckoff stated that he is well capable of taking care of himself physically. He filed against the police officer involved. He stated that he had been done an injustice. Chief Harrelson stated that this is a routine investigation, and it will be presented to Mr. Fox when it is completed. The Mayor requested a report on the arrest procedure, as well as the claim he is making. Item lla Mayor Hill presented Melba Thompson a plaque and two tickets each to a theatre and dinner as Employee of the Month from Water Distribution Department. Item 12a A proposed appropriation ordinance was presented in the amount of $16,500 for consultant services in the Lone Star Gas Company rate request. Upon conclusion of these services, Lone Star Gas Company will be billed for these costs. ORDINANCE NO. 3441 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. 142 Item 12a, cont'd. Moved by Alderman Adcock that Ordinance No. 3441 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Russell , Smith, Thomas, and Adcock Nays : Aldermen McAlister ✓Item 13b Michael Lam appeared concerning alley requirements in new subdivisions. He believes that the options should be left open to the developer. He noted that approximately 63 to 67 percent of the cities surveyed provide an option to developers . The trend today is for more greenbelt areas instead of alleys . He encouraged the City Council to maintain the present option policy on alleys. Alderman Adcock inquired how much the cost for each lot would be increased by having an alley. It was estimated at $1000 to $1300. In the event alleys are required, Alderman McAlister inquired if they had discussed any trade-offs to try to hold the cost at a reasonable level? Mr. Lam stated that they had discussed this . A narrower street in front, different type of curb and gutter, sidewalks , etc, are some of the things which they could look at. He stated that they are talking about a large investment on the part of the developer to even furnish the lot, if alleys are required. A lot of people do not like alleys , and there is a large part of our city which does not lend itself to alleys. Don Oliver appeared as a real estate developer in Wichita Falls. He is opposed to required paved alleys in Wichita Falls . The Planning Board has been opposed to it, and the cost factor is involved. Alderman Smith stated that he is an advocate of alleys, but he does not want to make it too hard on the developers . He feels there are some areas which could be investigated, and send it back for further study. The City Manager noted that the Planning Board did not make the recommendation to change to mandatory alleys ; it was the Council who requested the study, and then they requested that an ordinance be prepared requiring alleys. Moved by Alderman Thomas that this matter be referred back to the staff for further study with the developers. Motion seconded by Alderman Smith, and carried unanimously. Item 13a David Tate appeared as Attorney for Sikes Senter Partnership regarding liquor zoning. A potential grocery store will have to be able to sell beer in that location if they locate there. There is a lot of growth and development in the area. He feels if one business is allowed to sell it in the area, then another should be able to do so. He suggested Alternate No. 5. Alderman Adcock stated that it seems that when businesses know where the zone is located, then they should locate in an area presently zoned for that purpose. They do not need to encroach in other areas. If it is that important to a business , why not locate on a street already dedicated for that purpose. Alderman McAlister noted that from a land use standpoint, there is not much difference in Kemp and Southwest Parkway. Alderman Smith stated that the only Alternate he would consider would be No. 1 . He does not want to open it up city wide. Alderman 'Adcock agreed. Mayor Hill inquired why we would grant a waiver without some unusual circumstances? We would be granting waivers to everyone or be discriminatory. A motion was made by Alderman Thomas, and seconded by Alderman McAlister that Alternate No. 3 be passed. The motion failed by the following vote. Ayes : Aldermen McAlister, Russell and Thomas Nays : Mayor Hill , Aldermen Smith and Adcock Item 13c Discussion was held on closing Fourth,Park, and Granger Streets in accordance with the three-party agreement between the City, State, and Railroad. The City Manager noted correspondence from the Fort Worth and Denver Railroad stating they are not in agreement to re-opening negotiations to possibly change the contract. 143 Item 13c, cont'd. Tommy Robinson, 708 Jalonic, disagreed with the reply he received from the Fort Worth and Denver Railway. He mentioned the heritage of the black people. To get on the Davis overpass, you have to go back to Holmes and Edison and 14th and Indiana. He stated that the overpass is a good thing, but it is an inconvenience to some people. He requested that we try a little harder to get them not to close Park Street. Reginald Blow stated that it appears that we are hung up with the Fort Worth and Denver Railway not being willing to renegotiate. He is talking about the City of Wichita Falls trying to get out of this agreement. Essie Mae Pruitt, 408 Sullivan, stated that she has been in business 32 years in a cleaners on Park Street. She requested that the street not be closed. She sang a song called, "Times Has Made a Change" . Billy R. Delaney, #2 Bristol Lane, stated he is minister of St. John Baptist Church. He is not opposed to the Emanuel Davis Overpass because it links the east side to the rest of the city. He really came to talk about the ditch on Normandy and Bristol Lane. He noted their heritage. James Williams stated that he was not aware that it would be a permanent closing until the controversy became so hot. He stated that this agreement was made without consulting any of the citizens on the east side. He feels the railroad would be willing to renegotiate if the proper pressure is placed on them. Mayor Hill explained that the Council is not insensitive to them, but since Kell has been voted on there have been 500-600 families put out. The Council does not feel like the contract should be broken. Two public hearings were held on this. If they were given the choice of overpass or opening on Park Street, they would have taken the overpass. In order to obtain the overpass, it was in the agreement that Park Street would be closed. This agreement is not all that easily borken, and he is not inclined to do so. Alderman Adcock stated that he was in favor of keeping the businesses on Park Street. The City Manager went back to the railroad, and we have their reply. He pointed out that there were public hearings on it. He believes that members of this Council try very hard to represent everyone in this City, and feels we have done all we can. Reginald Blow stated that it is not a question of what has been done in the past. Since the blacks in Wichita Falls are displeased, they are asking the City of Wichita Falls to break this agreement. Margaret Davis, 807 Fort Worth Street, stated that because of Kell Freeway they have no library in their part of town. She stated that they are shut off on Park Street. She believes something can be done about this. Lives can be lost while you are trying to get into that neighborhood street. She also mentioned preserving their heritage. She requested that the Council consider what they can do to help them and not deprive them. Alderman Russell noted that there continues to be references that none of them had any input into this matter. Ernest Lillard, Director of Public Works, referred to public hearings in both 1967 and 1968. They reflect that Park Street would be closed, and the overpass would be the main access. Removal of the tracks was also a part of that public hearing. Alderman Thomas inquired what else is available to us other than what we have done? City Attorney H. P. Hodge, Jr. stated that he did not know of any other alternative. If we breached the contract we would be subject to any damages which the other party might bring, and they would be considerable. ORDINANCE NO. 3442 ORDINANCE CLOSING AND ABANDONING PORTIONS OF 4TH STREET, PARK STREET AND GRANGER STREET. Moved by Alderman McAlister that Ordinance No. 3442 be passed. Motion seconded by Alderman Thomas. Alderman Adcock stated that this Council is going to be blamed by a few people for this action. He believes that all of them wanted the overpass, but they will be blamed for progress which is necessary. Reginald Robinson, 613 Barnes , stated that they have a need on the east side for more input into the city's business. They have the only cleaners on the east side on Park Street. He feels someone should help them set up business in another location by providing inroads into the BCI and Small Business Administration for assistance. 144 Item 13c, cont'd. The east side needs rebuilding. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays: None Item 13d A proposed ordinance was presented granting Wichita Clutch-Dana Corporation permission to install a temporary computer control cable on utility poles in city right-of-way. /ORDINANCE NO. 3443 ORDINANCE GRANTING AUTHORITY TO WICHITA CLUTCH COMPANY TO LOCATE A CABLE ON UTILITY POLES IN PUBLIC RIGHT-OF-WAY. Moved by Alderman Thomas that Ordinance No. 3443 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None Item 13e The Council decided to postpone the bond election so that new members can be better informed on the issues. No date was set; however, the first half of August was suggested as a possibility. Item 13f A proposed ordinance was presented adjusting residential , commercial , and industrial water rates. i ORDINANCE NO. 3444 ORDINANCE AMENDING SECTION 32-20 OF THE CODE OF ORDINANCES, ESTABLISHING WATER RATES TO BE COLLECTED BY THE WATER DEPARTMENT OF THE CITY. Moved by Alderman Thomas that Ordinance No. 3444 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None Item 14a Proposed resolutions were presented adjusting contract water rates. ,- RESOLUTION NO. 2306 RESOLUTION AUTHORIZING CONTRACT WATER RATES FOR SALE OF WATER TO MIDWESTERN STATE UNIVERSITY AND WICHITA FALLS STATE HOSPITAL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The following contract rates are hereby authorized to be charged for water sold by the City to Midwestern State University and Wichita Falls State Hospital : The first 200 cubic feet of water at $2.25 (minimum) The next 800 cubic feet of water at $ .57 per hundred The next 3,000 cubic feet of water at $ .48 per hundred The next 2,800 cubic feet of water at $ .43 per hundred The next 60,000 cubic feet of water at $ .38 per hundred In excess of 66,800 cubic feet of water at $ .36 per hundred These rates shall become effective on all water bills rendered after April 30, 1979. Moved by Alderman Thomas that Resolution No. 2306 be passed. 145 Item 14a, cont'd. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None A lengthy discussion followed on other water contracts. Frank Douthitt appeared as Attorney for Archer City. He opposed the contract amendment, stating that if the City of Wichita Falls will demonstrate their costs for providing water from Lake Kickapoo, then they could consider it. He does not believe the Council in Archer City will pass the necessary resolution for this contract. Mr. Douthitt was not in agreement with providing costs from any lake except Kickapoo. He further stated that if the contract is altered they would not go along with it. He stated that there may be some room for negotiation. Alderman McAlister noted that this points out the difference in entities which are needing water in the future, and those which are needing water at the present time. Archer City does not need it now. Iowa Park and Electra do. They are willing to pay the rates proposed. The Council agreed to act on the resolutions approving the contracts. If any City is not in agreement with the contract, it will be up to them to approach the City of Wichita Falls. RESOLUTION NO. 2307 RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF ARCHER CITY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and the City of Archer City is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2307 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays : None ✓ RESOLUTION NO. 2308 RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE CONTRACT WITH CITY OF OLNEY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and the City of Olney, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Thomas that Resolution No. 2308 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith , Thomas , and Adcock Nays : None v RESOLUTION NO. 2309 RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH WICHITA VALLEY WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Third Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Wichita Valley Water Supply Corporation is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2309 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. 146 Item 14a, cont'd. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None RESOLUTION NO. 2310 RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE CONTRACT WITH ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Second Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Archer County Municipal Utility District No. 1 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Thomas that Resolution No. 2310 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays: None RESOLUTION NO. 2311 RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF BURKBURNETT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Third Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and the City of Burkburnett is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2311 be passed. Motion seconded by Alderman McAlister. Gary Bean, City Manager of Burkburnett, stated that they had reached a tentative agreement with the City of Wichita Falls. They agree to the price, but Wichita Falls is leaving off something like giving them more allowable. He hates to see it taken out of text. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None RESOLUTION NO. 2312 RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE CONTRACT WITH DEAN DALE WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain Second Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Dean Dale Water Supply Corporation is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2312 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None Y' RESOLUTION NO. 2313 RESOLUTION APPROVING FOURTH AMENDMENT TO WATER PURCHASE CONTRACT WITH ARROWHEAD DEVELOPMENT, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: That certain Fourth Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Arrowhead Development, Inc. is hereby 147 Item 14a, cont'd. approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2313 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None ✓ RESOLUTION NO. 2314 RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF IOWA PARK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Third Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and the City of Iowa Park is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2314 be passed. Motion seconded by Alderman McAlister. Johnny Crawford, Mayor of Iowa Park, stated that he would like to see the Council act on their request for additional water at the same time. They agree to the price. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays: None yRESOLUTION NO. 2315 RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH THE TOWN OF PLEASANT VALLEY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Third Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and the Town of Pleasant Valley is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Thomas that Resolution No. 2315 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas, and Adcock Nays: None Discussion was held on whether the Council is ready to take action on the request of Burkburnett and Iowa Park for additional water. Mayor Johnny Crawford stated that the action of the Council today can very well mean the difference in 800 jobs in this area. The majority of those jobs will be City of Wichita Falls residents and tax- payers. The Board of Aldermen recessed at 1 :10 and resumed the meeting at 1 :40 P.M. Moved by Alderman Thomas that the contract concerning Burkburnett be modified to v increase the allowable from one million gallons to 2,500,000 gallons per day; that the contract for Iowa Park be amended to change it from one million gallons per day to two million gallons per day; also, that we enter into a contract with the City of Electra for 500,000 gallons per day at the same rates; that we enter into a contract with Red River Authority No. 1 for 150,000 gallons per day at the same rates . Motion seconded by Alderman Smith , and carried unanimously. Johnny Crawford expressed appreciation to the Council for their consideration. 148 Item 5b A proposed resolution was presented amending the resolution for the farmers market construction. Alderman Russell stated that a portion of the brick which is included is to be used for a part which has not yet been approved. The potential is that we may be ordering brick for an element which may not be approved and constructed. The Design Review Commission has not yet approved it. She believes the order has already been placed. This is a procedural error. We were able to obtain the brick at a savings of $2,600.00. RESOLUTION NO. 2316 A RESOLUTION AMENDING RESOLUTION NO. 2282, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AGREEMENTS FOR CONSTRUCTION OF THE FARMERS MARKET. WHEREAS, Featherlite Corp. , previously selected brick supplier, was unable to supply bricks in a suitable color; and WHEREAS, Acme Brick will be able to supply bricks in a suitable color; and, WHEREAS, Acme Brick will provide these bricks for less money. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: The City Manager is authorized to execute the following purchase agreements in lieu of previously authorized brick purchase agreements : Bricks Acme Brick $6,578.00 Concrete Block Featherlite Corp. $1 ,800.00 Moved by Alderman Thomas that Resolution No. 2316 be passed. Motion seconded by Alderman McAlister, and carried by the following vote. Ayes : Mayor Hill , Aldermen McAlister, Russell , Smith, Thomas , and Adcock Nays : None Item 15a Discussion was held on bids received for pedestrian improvements in the downtown area. Both bids were more than the funds budgeted for this project. J. C. Boyd, Jr. stated that Midtown is anxious to proceed with the topping on Scott Street. Bill Duke stated that he misinterpreted the bid form, and he is not sure what he would do if the bid were awarded to him. He might have to default. Mr. Killibrew, Architect, addressed this issue stating that these intersections are fifty percent drainage, and that it is the culprit in this project. The sewer is necessary in order to take care of the flow of water which will be generated. Alderman McAlister noted that this money could be reallocated for another Midtown project instead of using it for this purpose at such high costs. Alderman Adcock noted that Scott Street could be resurfaced now if this project were eliminated. Moved by Alderman Thomas that this project be dropped for the present time, and all bids be rejected. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Smith, Thomas , and Adcock Nays : Alderman Russell Item 16a An appointment to the Aviation Advisory Board was necessary to replace Mr. J. Lewis Foster, who recently expired. Moved by Alderman Thomas that Glynn Purtle be appointed to the Aviation Advisory Board for a term to expire December 31 , 1980. Motion seconded by Alderman Russell , and carried unanimously. FIRST AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of September 21, 1976 the City of Wichita Falls and the City of Archer City entered into a water purchase contract, by which Wichita Falls sold water to the City of Archer City under the schedule of rates established in Section 2. 0 of such contract, which rates are subject to modification after two years to twice the actual cost of providing raw water; and, WHEREAS, a first amendment to the water purchase contract was approved by Resolution 2228 which implementation was later postponed by the Board of Aldermen; and, WHEREAS, there has been an increase in the costs of providing such raw water under this contract, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated September 21, 1976 is hereby amended as follows: Section 2. 0: The cost of water purchased by Archer City shall be based in accordance with the following schedule: $0.14 per 1, 000 gallons Minimum monthly bill $500. 00 This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making sys- tem and formula to be developed by Wichita Falls and submitted to Archer City by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the cost of reservoir space required to meet Archer City's future needs, but for water not actually being taken in the maximum daily amount as contained in Sec- tion 1.2 of this contract. 2. Resolution 2228 approving a first amendment to this water purchase contract is hereby repealed. 3. Effective date of this amendment shall be for all water bills rendered after April 30, 1979. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the day of 1979. CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk CITY OF ARCHER CITY, TEXAS BY: Mayor ATTEST: City Secretary -2- FIRST AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of August 1, 1978 the City of Wichita Falls and the City of Olney entered into a water purchase contract, by which Wichita Falls sold water to the City of Olney under the schedule of rates established in Section 2. 0 of such contract, which rates were subject to modification prior to January 1, 1979 based upon a contract water rate study; and, WHEREAS, this water rate study has indicated that a modification of rates to provide raw water under this contract is justified, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated August 1, 1978 is hereby amended as follows: Section 2. 0: The cost of water purchased by the City of Olney shall be based in accordance with the following schedule: $0.14 per 1,000 gallons This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and submitted to Olney by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reser- voir capacity charge" designed to cover the cost of reservoir space re- quired to meet Olney's future needs, but for water not actually being taken in the maximum daily amount as contained in Section 1.2 of this contract. 2. The effective date of this amendment shall be for all water bills rendered after April 30, 1979. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the day of 1979. THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 19, 1974 the City of Wichita Falls and Wichita Valley Water Supply Corporation entered into a water purchase contract, by which Wichita Falls sold water to Wichita Valley Water Supply Corporation under the schedule of rates established in Section 2. 0 of such contract, which rates are subject to modification every five years on the basis of demonstrated increase or decrease in the cost to provide raw water; and, WHEREAS, this contract was amended on April 8, 1974 and September 3, 1974; and, WHEREAS, there has been a demonstrated increase in the costs of pro- viding such raw water under this contract, and the parties desire to amend such con- tract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated March 19, 1974 is hereby amended as follows: Section 2. 0: The cost of water purchased by Wichita Valley Water Supply Corporation shall be based in accordance with the follow- ing schedule: $0.14 per 1,000 gallons Minimum monthly bill $500. 00 This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and submitted to Wichita Valley Water Supply Corporation by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the costs of reservoir space required to meet Wichita Valley Water Supply Corporation's future needs, but for water not actually being taken in the maximum daily amounts as contained in Section 1.2 of this contract. 2. The effective date of this amendment shall be for all water bills rendered after April 30, 1979. THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 19, 1974 the City of Wichita Falls and Wichita Valley Water Supply Corporation entered into a water purchase contract, by which Wichita Falls sold water to Wichita Valley Water Supply Corporation under the schedule of rates established in Section 2. 0 of such contract, which rates are subject to modification every five years on the basis of demonstrated increase or decrease in the cost to provide raw water; and, WHEREAS, this contract was amended on April 8, 1974 and September 3, 1974; and, WHEREAS, there has been a demonstrated increase in the costs of pro- viding such raw water under this contract, and the parties desire to amend such con- tract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated March 19, 1974 is hereby amended as follows: Section 2. 0: The cost of water purchased by Wichita Valley Water Supply Corporation shall be based in accordance with the follow- ing schedule: $0.14 per 1,000 gallons Minimum monthly bill $500. 00 This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and submitted to Wichita Valley Water Supply Corporation by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the costs of reservoir space required to meet Wichita Valley Water Supply Corporation's future needs, but for water not actually being taken in the maximum daily amounts as contained in Section 1.2 of this contract. 2. The effecQve date of this amendment shall be for all water bills rendered after April 30, 1979. SECOND AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of August 21, 1973 the City of Wichita Falls and the Archer County Municipal Utility District No. 1 entered into a water purchase con- tract, by which Wichita Falls sold water to Archer County Municipal Utility District No. 1 under the schedule of rates established in Section 2. 0 of such contract; and, WHEREAS, this contract was amended on January 3, 1978 whereby such water rates established in Section 2. 0 were subject to modification every two years, or when the domestic water rates for Wichita Falls'customers changed, whichever occurs sooner; and, WHEREAS, there has been an increase in costs of providing such treated water under this contract and the domestic water rates for Wichita Falls' customers has been changed, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated August 21, 1973 is hereby amended as follows: Section 2. 0: The cost of water purchased by Archer County Municipal Utility District No. 1 shall be based in accordance with the following schedule: $0.45 per 100 cubic feet Minimum monthly bill $400 This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making sys- tem and formula to be developed by Wichita Falls and submitted to Archer County Municipal Utility District No. 1 by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" de- signed to cover the cost of reservoir space required to meet Archer County Municipal Utility District No. 1's future needs, but for water not actually being taken in the maximum daily amount as contained in Section 1. 8 of this contract. 2. The effective date of this amendment shall be for all water bills rendered after April 30, 1979. IN WITNESS WHEREOF, the parties herto have cuased this agreement to be executed on this the day of 1979. CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 BY: President ATTEST: Secretary -2- THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 19, 1973 the City of Wichita Falls and the City of Burkburnett entered into a water purchase contract by which Wichita Falls sold water to Burkburnett under the schedule of rates established in Section 2. 0 of said contract; and, WHEREAS, this contract was amended on July 20, 1973 and January 3, 1978 which amendment established that the commodity and demand rates were subject to modification every two year period, or when the domestic water rate for Wichita Falls' customers changed, whichever occurred sooner; and, WHEREAS, there has been an increase in the costs of providing such water under this contract and the domestic water rate for Wichita Falls' customers has been changed, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated March 19, 1973 and as amended on January 3, 1978 is hereby amended as follows: Section 2. 0: The cost of water purchased by Burkburnett shall be based in accordance with the following schedule: $0.45 per 100 cubic feet This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and submitted to Burkburnett by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reser- voir capacity charge" designed to cover the cost of reservoir space re- quired to meet Burkburnett's future needs, but for water not actually being taken in the maximum daily amount as contained in Section 1. 10 of this con- tract. 2. The effective date of this amendment shall be for all water bills rendered after April 30, 1979. 3. Section 1.10 of said contract dated March 19, 1973 is hereby amended as follows: Section 1. 10: Maximum amount of water to be furnished to Burkburnett will not exceed 333,333 cubic feet per day. In the event of an emergency, City may consider a request by Burkburnett for an increase in the maximum amount of water to be furnished. If such emergency increase in maximum amount of water is approved, it will be temporary and for a specific duration of time. In no event will the maximum amount of water approved be greater than the ca- pacity of the Burkburnett transmission pipe and the then existing i capacity of the Wichita Falls water system. i i IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the day of 1979. CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk CITY OF BURKBUR.NETT, TEXAS BY: Mayor ATTEST: City Secretary -2- SECOND AMENDMENT TO WATER. PURCHASE CONTRACT WHEREAS, under date of March 2, 1977 the City of Wichita Falls and the Dean Dale Water Supply Corporation entered into a water purchase contract, by which Wichita Falls sold water to the Dean Dale Water Supply Corporation under the schedule of rates established in Section 2. 0 of such contract, which rates were subject to modi- fication every two years, or when the domestic water rate for Wichita Falls' customers is changed, whichever occurs sooner; and, WHEREAS, the first amendment to this water purchase contract was ap- proved on January 3, 1978; and, WHEREAS, there has been an increase in costs of providing water under this contract and the domestic water rates for Wichita Falls' customers have been changed, and the parties desire to amend this contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated March 2, 1977 and amended on January 3, 1978 is hereby amended as follows: Section 2. 0: The cost of water purchased by Dean Dale Water Supply Corporation shall be based in accordance with the following schedule: $0.45 per 100 cubic feet Minimum rate will be $400. 00 per month This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making sys- tem and formula to be developed by Wichita Falls and submitted to Dean Dale Water Supply Corporation by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the cost of reservoir space required to meet Dean Dale Water Supply Corpor- ation future needs, but for water not actually being taken in the maxi- mum daily amount as contained in Section 1.8 of this contract. 2. The effective date of this amendment shall be for all water bills rendered after April 30, 1979. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the day of , 1979. CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk DEAN DALE WATER SUPPLY CORPORATION BY: President ATTEST: Secretary -2- i FOURTH AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 5, 1971 the City of Wichita Falls and Arrowhead Properties, Inc. entered into a water purchase contract, by which Wichita Falls sold water to Arrowhead Properties, Inc. under the schedule of rates established in Section 2. 0 of such contract, which rates were subject to modification at anytime the established raw water rates charged by the City are modified; and, WHEREAS, this contract was amended on April 8, 1974, September 24, 1974 and January 3, 1978 among other things assigning such contract to Arrowhead Develop- ment, Inc. ; and, WHEREAS, there has been a modification in the raw water rates charged by the City, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated March 5, 1971 and amended on January 3, 1978 are hereby amended as follows: Section 2. 0: The cost of water purchased by Arrowhead Develop- ment, Inc. shall be based in accordance with the following schedule: $0.20 per 1, 000 gallons Minimum monthly bill - $2. 00 per month per unit connected to Corporations water system. This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making sys- tem and formula to be developed by Wichita Falls and submitted to Arrowhead Development, Inc. by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the cost of reservoir space required to meet Arrowhead Development, Inc. Is future needs, but for water not actually being taken in the maxi- mum daily amount as contained in Section 1.8 as amended of this con- tract. 2. The effective date of this amendment shall be for all water bills ren- dered after April 30, 1979. i J M THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of January 10, 1972 the City of Wichita Falls and the City of Iowa Park entered into a water purchase contract, by which Wichita Falls sold water to Iowa Park under the schedule of rates established in Section 2. 0 of such contract; and, WHEREAS, this contract was amended on March 1, 1977 and January 1, 1978 whereby rates were subject to modification every two year period, or when the domestic water rates for Wichita Falls' customers is changed, whichever occurs sooner; and, WHEREAS, there has been an increase in costs of providing water under this contract and Wichita Falls' domestic water rates have been changed, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated January 10, 1972 and amended on March 1, 1977 and January 3, 1978 is hereby amended as follows: Section 2. 0: The cost of water purchased by Iowa Park shall be based in accordance with the following schedule of rates: $0. 375 per 100 cubic feet This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and submitted to Iowa Park by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the cost of reservoir space required to meet Iowa Park's future needs, but for water not actually being taken in the maximum daily amount as contained in Section 1. 8 of this contract. 2. The effective date of this amendment shall be for all Nvater bills rendered after April 30, 1979. r 3. Section 1. 8 of said contract dated January 10, 1972 is hereby amended as follows: Section 1. 8: Maximum amount of water to be furnished by City to Iowa Park will not exceed 266,666 cubic feet per day. In the event of an emergency, City may consider a request by Iowa Park for an increase in the maximum amount of water to be furnished. If such emergency increase in maximum amount of water is approved, it will be temporary and for a specific duration of time. IN WITNESS WHEREOF, the parties herto have caused this agreement to be executed on this the day of 1979. i CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk CITY OF IOWA PARK, TEXAS BY: Mayor ATTEST: City Secretary -2- THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of April 9, 1968 the City of Wichita Falls and the Town of Pleasant Valley entered into a water purchase contract, by which Wichita Falls sold water to the Town of Pleasant Valley under the schedule of rates established in Section B.1. of such contract; and, WHEREAS, amendments to this contract were approved and dated April 9, 1968 and January 3, 1978 which authorized water rate modification every two year period, or when the domestic water rate for Wichita Falls' customers is changed, whichever occurs sooner; and, WHEREAS, there has been an increase in the costs of providing such water under this contract and the domestic water rates for Wichita Falls' customers have been changed, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section B.1. of said contract dated April 9, 1968 and amended on January 3, 1978 is hereby amended as follows: Section B.1. : The cost of water purchased by Pleasant Valley shall be based in accordance with the following schedule: $0.45 per 100 cubic feet Minimum monthly bill $400. 00 2. Section C.3. of said contract dated April 9, 1968 and amended on January 3, 1978 is hereby amended as follows: Section C.3.: This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and submitted to Pleasant Valley by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the cost of reser- voir space required to meet Pleasant Valley's future needs, but for water not actually being taken in the maximum daily amount of 50, 000 gallons per day. 3. The effective date of this amendment shall be for all water bills rendered after April 30, 1979. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the day of , 1979. CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk TOWN OF PLEASANT VALLEY BY: Mayor ATTEST: City Secretary -2- 149 Item 16a, cont'd. The Board of Aldermen disagreed with the policy of calling these suggested appointees to see if they would serve before the Council appoints them. , Item 16b I Alderman McAlister reported on the review of the Code of Ethics for public officials by the Charter Review Commission. They found that a number of the provisions of the Code of Ethics does conflict with the Charter, and that the Charter covers the code of ethics of the Council and boards and commissions. They felt that this is better left alone, and that it would be difficult to write any type of ethics into an ordinance. They suggested a supplementary document to the Charter on the Code, and that no further action be taken on it. ✓Item 16c i Alderman Russell inquired concerning Community Development funds under street paving and drainage, and under street lighting. Are there some alternatives which the Council should speak to, and if so, when? The City Manager stated that it could be done at a later time. The Board of Aldermen adjourned at 2:30 P.M. �^ PASSED AND APPROVED this �J�.i day of � cZl 1979. MAYOR ATTEST: CITY CLERK