Min 04/03/1979 150
Wichita Falls, Texas
Memorial Auditorium Building
April 3, 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
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Hardy McAlister
Fred E. Bassett
Carol Russell Aldermen
Curtis Smith
Jim Thomas
Raymond Adcock
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
The invocation was given by Dale Foster, Minister of Faith Village Church of
Christ.
Item 3
Moved by Alderman Adcock that minutes of the meeting held March 20, 1979, be
approved.
Motion seconded by Alderman McAlister, and carried unanimously.
Items 4a-9a
Moved by Alderman McAlister that Items 4a through 9a on the consent agenda be
approved.
Motion seconded by Alderman Adcock.
Item 4a
/ORDINANCE NO. 3445
AN ORDINANCE CLOSING -AND ABANDONING THE ALLEY IN BLOCK B OF THE KEMP-KELL
AND JOLINE ADDITION.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays : None
J Item 5a
V RESOLUTION NO. 2317
RESOLUTION AWARDING CONTRACT TO WILLEN ELECTRIC CO. , INC. FOR CONSTRUCTION
OF BRIDWELL PARK BALLFIELD LIGHTING.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of Bridwell Park ballfield lighting; and,
WHEREAS, four bids were received, and it is found that Willen Electric Co. ,
Inc. , who bid $7,250, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Willen Electric Co. , Inc. in the amount of $7,250 is hereby accepted,
and the City Manager is authorized to execute for the City of Wichita Falls a contract
with Willen Electric Co. , Inc. for the construction of such improvements.
151
Item 5a, cont'd.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
V Item 6a
RESOLUTION NO. 2318
RESOLUTION ACCEPTING CONSTRUCTION OF FENCE AROUND TENNIS COURT AT LIONS PARK.
WHEREAS, the City of Wichita Falls and Ace Fence Co. entered into a contract dated
January 8, 1979, wherein said contractor agreed to construct a fence around the 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 fence was $4,106.40, 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 such fence is hereby accepted by the City of Wichita Falls,
and the City Manager is directed to pay to the said contractor the contract price for
such fence.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays: None
,/item 7a
Authority was granted to advertise for bids for water and sewer improvements
under the Community Development program.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays : None
,, Item 7b
Authority was granted to advertise for bids for hydrofluosilicic acid for water
purification.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays : None
Item 8
Minutes of the meetings of the following boards and commissions were received.
a. Park Board - March 28, 1979
b. Planning Board - March 14, 1979
c. Design Review Commission - March 15 and 21 , 1979
d. Mayor's Commission on Status of Women - March 1 , 1979
e. Arts Commission - March 23, 1979
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
,/Item 9a
A public hearing on hazardous structures was scheduled for May 1 , 1979.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays : None
i Item 10a
The public hearing was opened on hazardous structures. No one desired to be heard.
152
Item 10a, cont'd.
Y ORDINANCE NO. 3446
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE OR DEMOLISH
SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF
THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman McAlister that Ordinance No. 3446 be passed.
Motion seconded by Alderman Adcock, and carried by the following vote.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays : None
Item 10b
The public hearing was opened on the 1979 Assessment Paving Program.
Harry Campsey appeared, representing the Boys Club, on paving of Industrial
Boulevard. They do not object to the paving, but inquired what arrangements can be
made for them to pay for it. The City Manager explained that payment is not due until
30 days following notification that the project has been completed. This will probably
take at least a year. If they choose not to pay in full at that time, the City will
allow property owners to take advantage of an eight-year payout, with eight percent
interest on the balance.
Alton R. Skelton, 1300 38th Street, inquired on what criteria is the assessment
on Travis Street based? The City Manager explained that the maximum assessment is
set at $10.00 per foot for front property, and $6.00 per foot for side property. This
represents about one-third of the total cost of the project. The improvements were
explained.
No one else desired to be heard.
ORDINANCE NO. 3447
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF
IMPROVING VARIOUS STREETS, DESIGNATED AS THE 1979 ASSESSMENT PAVING PROGRAM
IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST
ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR
THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICA-
TIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT
TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE
EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL
THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD
OF ALDERMEN OF WICHITA FALLS, TEXAS AND BY FILING THE ORDINANCE IN THE
ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING
SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY.
Moved by Alderman Thomas that Ordinance No. 3447 be passed, amending the engineer' s
rolls from $10.00 per foot to $7.50 per foot on the following properties : Wayland
D. Keith, Industrial Boulevard; Boys Club/Sam Francis, Industrial Boulevard; Sam
Francis , Industrial Boulevard; and C.W.L. Dennis , Onaway Trail .
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
'qw' Nays : None
The following persons were not present for the public hearing, but appeared under
Item 16b regarding the paving.
a. Wayland D. Keith stated that he does not believe it is worth paving at the
rate which has been set. The Mayor informed him that the assessment has
been reduced from $10.00 to $7.50 per foot.
b. Sam Francis stated that he also has some property on Industrial Boulevard,
and does not feel that the paving is justifiable. The Mayor informed him
that his assessment has also been reduced from $10.00 to $7.50 per foot.
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Item 13c, cont'd.
WHEREAS, there is a need to setup an in-service training program for the staff of
Child Care, Inc. , and there is a lack of community resources to fund such a project; and,
WHEREAS, a grant in the amount $14,780 is available from the Texas Department
of Community Affairs, which will provide a consultant's salary and materials for an
in-house training program for Child Care, Inc. 's care-giving employees, which will be
adopted and used on a continuing basis.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager is hereby authorized and directed to submit an application for
such a grant in the amount of $14,780 with the Texas Department of Community Affairs;
he is further authorized to sign any necessary documents, including the grant contract, _
which may be required to obtain such grant.
Moved by Alderman Thomas that Resolution No. 2321 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays: None
,' Item 14a
A proposed resolution was presented awarding the low bid for water pump station
for East expressway area.
✓RESOLUTION NO. 2322
RESOLUTION AWARDING CONTRACT TO DECKER CONSTRUCTION COMPANY FOR CONSTRUCTION
OF WATER PUMP STATION FOR EXPRESSWAY EAST INDUSTRIAL DISTRICT.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction of
a water pump station for Expressway East Industrial District; and,
WHEREAS, five bids were received, and it is found that Decker Construction Company,
of Abilene, Texas, who bid $145,900, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
Said bid of Decker Construction Company in the amount'of $145,900 is hereby accepted,
and the City Manager is authorized to execute for the City of Wichita Falls a contract
with Decker Construction Company for the construction of such improvements.
Moved by Alderman Thomas that Resolution No. 2322 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen McAlister, Basset, Russell , Smith, Thomas, and Adcock
Nays : None
_Item 14b
A proposed resolution was presented awarding the bid for sanitary sewer lift station
on Airport Drive.
/RESOLUTION NO. 2323
RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION COMPANY FOR CONSTRUCTION
OF SANITARY SEWER LIFT STATION AND FORCE MAIN ON AIRPORT DRIVE.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction of
a sanitary sewer lift station and force main to be located on Airport Drive for transfer
of waste water from the City system to Sheppard Air Force Base treatment plant; and,
WHEREAS, five bids were received, and it is found that Bowles Construction Company,
who bid $68,296.29, is the lowest responsible bidder.
156
Item 14b, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS, THAT:
Said bid of Bowles Construction Company in the amount of $68,296.29 is hereby
accepted, and the City Manager is authorized to execute for the City of Wichita Falls
a contract with Bowles Construction Company for the construction of such improvements.
Moved by Alderman Thomas that Resolution No. 2323 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays : None
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Item 14c
A proposed resolution was presented awarding the bid for concessions at Jalonick
and Williams Parks. It was noted that no bids were previously received at these parks.
The City provides a small building and water and electricity hook-ups.
✓RESOLUTION NO. 2324
RESOLUTION AWARDING CONTRACTS FOR CONCESSION OPERATIONS AT WILLIAMS AND
JALONICK PARKS.
WHEREAS, heretofore the City of Wichita Falls advertised for bids for concession
operations at several parks , including Williams and Jalonick Parks, and no bids were
received for the two named parks ; and,
WHEREAS, Mr. Robert L. Herron has offered to pay $30 per month for the concession
rights at Williams Park, and $40 per month for the concession rights at Jalonick Park;
and,
WHEREAS, it is found that such offers should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Such offers of Robert L. Herron for concession rights at Williams Park and
Jalonick Park are hereby accepted, and the City Manager is authorized to execute
contracts with him for concession rights at such parks during the 1979 season.
Moved by Alderman Smith that Resolution No. 2324 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays : None
✓Item 15a
Authority was requested to advertise for bids for equipment and furnishings for
the Activities Center. Estimated cost is approximately $81 ,000.
Moved by Alderman Thomas that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Smith, and carried unanimously.
✓Item l6b
Alderman Thomas inquired if we have any program whereby trash and debris can be
picked up on a certain day? The City Manager stated that we are designing something
of this nature for the latter part of April . Alderman Adcock inquired about clean up-
fix up week? Mr. Fox thought it could perhaps be coordinated with the downtown
merchants.
157
Mayor Hill mentioned the bad condition of the Avenue U and Buchanan intersection
caused from water from the car wash draining down the street. Ernest Lillard, Director
of Public Works , stated that he believes we have a way to handle this situation.
Mayor Hill read an article from Internal Revenue Service regarding an income tax
deduction on water and sewer services owned by a city. It covers maintenance, repairs,
and interest. He wonders if our citizens may be allowed to take this deduction. It is
up to the city to tell the citizens what percent of its utilities are deductible. The
Mayor requested a quick report on this matter from the City Attorney.
Alderman Bassett inquired concerning trash at Wichita Falls High School . Ernest
Lillard stated that he did not get a report on it, but would check on it.
Alderman Russell invited everyone to view the progress on the Activities Center,
`f and congratulated Roger McKinney on his new position of Planning Director.
Item 16a
An executive session was called at 9:50 A.M. to discuss personnel matters. The
meeting resumed at 10:00 A.M.
Moved by Alderman Thomas that the following persons be appointed to the Arts
Commission for two-year terms to expire April 25, 1981 .
a. Jerry Estes , Helen Henry, Carolyn Sanders, Pat Jones, Dr. Jennie Louise Hindman,
and Madge Muehlberger (reappointed)
b. Troy Jensen and Jan Morrison (appointed)
Motion seconded by Alderman Bassett, and carried unanimously.
Moved by Alderman Thomas that Warren Boone, Jake Holmes, and Gene Stephens be
appointed to the 1979 Tax Equalization Board, and that Robert Gragg be appointed as
Alternate, subject to approval by the School Board.
Motion seconded by Alderman Smith, and carried unanimously.
The Board of Aldermen adjourned at 10:02 A.M.
PASSED AND APPROVED this day of 6_ IIXA 1979.
A
MAYOR
ATTEST:
CIT CLERK
WATER PURCHASE CONTRACT
THIS CONTRACT for the sale and purchase of water is entered into as of the
day of 1979, 1wtween the City of Wichita Falls, Texas, heret
inafter referred to as the "City", and City of Electra, Texas, hereinafter referred to
as "Electra".
WITNESSETII :
WHEREAS, Electra is organized and established under provisions of the laws of
the State of Texas. One of the duties of Electra is the construction and operation of A
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water supply and distribution system serving water users within the corporate limit',
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of Electra and to accomplish this purpose, Electra will require a supply of raw wate i;
and,
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WHEREAS, the City owns Lake Kickapoo and Lake Arrowhead, water reservoi rs
with capacity capable of serving the present customers of the City system and the esti-
mated number of water users to be served by Electra; and,
WHEREAS, by Resolution No. enacted on the day of
1979, by City, (Attached hereto as Exhibit "A"), which authorized the
City to sell raw water to Electra; and,
WHEREAS, Electra will operate a water treatment and distribution system, and
serve its customers; and
WHEREAS, by resolution of the City Commission of Electra (Attached hereto as
Exhibit "B"), enacted on the day of 1979, such City Com-
mission of Electra authorized purchase of raw water by Electra from the City in accord-
ance with the terms set forth in the said resolution and further authorized execution of
this contract.
} NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value
received, the City and Electra mutually agree to the following; to-wit:
Section 1. 0: City will allow water (RAW WATER) to be diverted from Lake
' Kickapoo at the diversion point shown on the plans and approved by the City, in suf-
ficient quantities to meet Electra's needs for the resale to consumers, subject only to
terms and provisions of this contract.
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Section 1. 1: Diversion point shall be at the water line and at an intake strue-
ture at Lake Kickapoo, Texas, at a location mutually acceptable to the City and Electra.
It is also the intent of Electra to construct a transmission line from Lake Kickapoo to
Electra.
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Section 1. 2: Maximum amount of water to be diverted by Electra from Lake
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Kickapoo shall not exceed five hundred thousand (500, 000) gallons per day unless a
greater amount is approved in writing by the City.
Section 1. 3: Electra shall furnish, install, operate and maintain at its own '
expense at the diversion point, the necessary metering equipment, including a mete
house or pit, and required devices of standard type for properly measuring and record-
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ing the quantity of water diverted from Lake Kickapoo. Type and location of meter s all
be agreed to by City and Electra prior to diversion of water. Electra shall calibrate�li
such metering equipment whenever requested by City but not more frequently than once
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ever twelve 12 y ( ) months. A meter registering not more than two percent (270) above,
or below the test result of the rated capacity of the meter shall be deemed accurate.
The previous reading of any meter disclosed by test to be inaccurate shall be corrected
for the twelve (12) months previous to such test in accordance with the percentage of
inaccuracy found by sucn tests and existing records. If any meter fails to register for
any period, the amount of water furnished during such period shall be deemed to be the
amount of water diverted in the corresponding period immediately prior to the failure,
based on existing records unless City and Electra shall agree on a different amount.
Section 1.4: Thirty (30) days prior to estimated date of completion of con-
struction of Electra transmission system, Electra will notify City in writing the date
of initial diversion of water.
Section 1. 5: When requested by Electra after metering equipment has been in-
stalled, the City will agree to diversion of'sufficient water for testing, flushing, and
trench filling the system during construction for which Electra will pay City at the rate
set out of fourteen cents ($0. 14) per one thousand (1, 000) gallons. However, minimum
rate will not apply to this water used for testing the system.
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Section 1.6: Location and Easements The location of the proposed pump
station and intake structure shall be opproved by the City, and the pump station site
acquired or obtained by long term lca,,,e at an agreed upon price from the City before
detailed plans and specifications are ►lkade. Easements for the pipe lines across City
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property shall be acquired from the City before any pipe lines are constructed.
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Section 1. 7: Approval - Pump station and pipe lines must be approved by
Texas State Health Department before any construction.
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Section 1. 8: Plans and Specifications Approval - Plans and Specifications
shall be approved by the City before advertising for construction of any facilities.
Section 2. 0: The cost of water purchased by Electra shall be based on
the following schedule:
$0. 14 per 1, 000 gallons
Minimum Monthly Bill $400. 00
This water rate is subject to modification annually based upon a rate making system
and formula to be developed by Wichita Falls and submitted to Electra by January 1y,
1980. Any change in water rates will become effective with water bills rendered after '
April 30 of each year. The schedule of rates beginning with all water bills rendered
after this system is placed into operation could also include a "reservoir capacity
charge" designed to cover the cost of reservoir space required to meet Electra's future
needs but for water not actually being taken in the maximum daily amount as contained
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in Section 1. 2 of this contract.
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Section 2. 1: The City will read the Electra meter on the first day of each month
during the term of this Contract. Electra and City shall have free access to read meters
daily if they so desire. The City will provide Electra no later than the loth day of each
month, with an itemized statement of the amount of water metered to Electra during; the
preceding month. Electra shall pay to the City the amount of itemized statement for any
month no later than 20th day for the preceeding month's usage.
Section 3. 0: This Contract shall extend for a term of forty (40) years from the
date of the initial metering of any water to Electra. Unless water is taken within two
(2) years from date hereof, this Contract shall be void. At the expiration of the term
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of this Contract, same may be renewed or extended for such term or terms, as may
be agreed upon by the City and Electra.. City may cancel this Contract at any time
during the life of the Contract in the ev, nt Electra fails to make any payment due here-
under within sixty (60) days after same becomes dire; or, if Electra breaches any cov;-
enant herein other than payment of the monthly statement, and such breach continues;)
for sixty (60) days after City gives Electra written notice thereof.
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Section 4. 0: Electra shall not he required to furnish water to any resident �I
of City. If City extends its city limits to include any consumer of water from Electra,
Electra will continue to provide water to such consumer. When City is able to exten'
its own water distribution system which could provide such consumer with City's water,
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such consumer shall be allowed the choice of remaining on Electra's system or tyin
into City's system. Provided however, it is understood and agreed the foregoing
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Section is subject to the restriction of 7U.S. C. Section 1926 (b) as amended. I�
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Section 5. 0: Electra shall permit the water to be used only for normal resit
dential, commercial, industrial and municipal purposes. Unless written permission
is obtained from City, water shall not be used for agricultural irrigation, cattle feed
lots, or any processing or manufacturing concern which uses such water for other than
normal domestic quantities. Electra shall permit water to be used only within its city
limits and extraterritorial jurisdiction, except for service outside these boundaries in
existence at the time of executing this agreement which service area descriptions shall
be provided to the City at the time of executing this contract. Electra shall not sell
any water to any private party for resale by such private parties to third parties.
Section 5. 1: It is distinctly understood between parties hereto that City owes
its primary obligation and duty to the citizens of Wichita Falls; in the event of an ex-
tended shortage of water, or the supply of water available to City is otherwise dimin-
ished over an extended period of time so that it becomes necessary to ration the water
sold to citizens of Wichita Falls, the supply of water to Electra consumers shall be
reduced or diminished in the same ratio or proportion as the supply to the citizens of
Wichita Falls is reduced or diminished.
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Section G. 0t This Contract is subject to such .r"ties, regulations, or laws,
as may he applicable to similar agreements in the State of Texas; the City and �I
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Electra will collaborate in obtaining such permits, certificates, or the like, as may
be required to comply herewith.
Section 7. 0: Any amendment to this Contract shall be in writing and executed'
by both City and Electra.
Section 8. 0: This contract shall not be assignable without the approval of City,
except Electra may assign and/or mortgage lease to the United States of America,
acting through the Farmers Home Administration, However, in the event of any oc-
currence rendering Electra incapable of performing under this lease, any successor
of Electra, whether the result of legal process, assignment or otherwise, shall suc-
ceed to the rights of Electra hereunder.
Section 8. 1: The construction of the water supply distribution system by the
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Purchaser is being financed by a loan made or insured by, and/or a grant from, the
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United States of America, acting through the Farmers Home Administration of the
United States Department of Agriculture, and the provisions hereon pertaining to the
undertakings
akings of the Purchaser are conditioned upon the approval, in writing, of the ,
State Director of the Farmers Home Administration.
IN WITNESS WHEREOF, the parties hereto, acting under authority of their
respective governing bodies, have caused this Contract to be duly executed in three
counterparts, each of which shall constitute an original.
CITY OF WICHITA FALLS, TEXAS
ATTEST: BY:
CITY MANAGER
CITY CLERK
CITY OF ELECTRA, TEXAS
BY:
ATTEST: MAYOR
SECRETARY
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WATER PURCHASE CONTRACT
THIS CONTRACT for the sale and purchase of water is entered into as of
the day of 1979, between the City of Wichita Falls, Texas,
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hereinafter referred to as the "City", and Red River Authority of Texas, herein-
after referred to as "Authority".
WITNESSE TH :
WHEREAS, Authority is organized and established under provisions of the
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laws of the State of Texas. One of the responsibilities of Authority can be the con- it
struction and operation of a water supply and distribution system serving water user
within the Lake Arrowhead area and to accomplish this purpose, Authority will re-
quire a supply of raw water; and,
WHEREAS, the City owns.Lake Arrowhead, a water reservoir with capacity
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capable of serving the present customers of the City system and the estimated num-
ber of water users to be served by Authority; and,
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WHEREAS, by Resolution No. , enacted on the day of ,
1979, by City, (Attached hereto as Exhibit "A"), which authorized the City to sell raw
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water to Authority; and,
WHEREAS, Authority will operate a water treatment and distribution sys-
tem, and serve customers on Lake Arrowhead City and State owned properties as per
Exhibit "C" attached; and,
WHEREAS, by resolution of the Board of Directors of Authority (Attached
hereto as Exhibit "B" enact
ed on the day of 1979, such Board
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of Directors of Authority authorized purchase of raw water by Authority from the City
in accordance with the terms set forth in the said resolution and further authorized
execution of this contract.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for
value received, the City and Authority mutually agree to the following, to-wit:
Section 1. 0: City will allow water (RAW WATER) to be diverted from
Lake Arrowhead at the diversion point shown on the plans and approved by the City,
in sufficient quantities to meet Authority's needs for resale to consumers, subject
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only to terms and provisions of this contract.
Section 1. 1: Diversion point shall be at the water line and at an intake
structure at Lake Arrowhead, Texas, at a location mutually acceptable to the City
and Authority.
Section 1.2: Maximum amount of water to be diverted by Authority from
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Lake Arrowhead shall not exceed one hundred fifty thousand (150, 000) gallons per day
unless a greater amount is approved in writing by the City.
Section 1. 3: Authority shall furnish, install, operate and maintain at
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its own expense at the diversion point, the necessary metering equipment, includin'
a meter house or pit, and required devices of standard type for properly measuring
and recording the quantity of water diverted from Lake Arrowhead. Type and locat' n j
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of meter shall be agreed to by City and Authority prior to diversion of water. Auth rity
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shall calibrate such metering equipment whenever requested by City but not more f �-
quently than once every twelve (12) months. A meter registering not more than two
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percent (2%) above or below the test result of the rated capacity of the meter shall
deemed accurate. The previous reading of any meter disclosed by test to be inaccurate
shall be corrected for the twelve (12) months previous to such test in accordance with
the percentage of inaccuracy found by such tests and existing records. If any meter
fails to register for any period, the amount of water furnished during such period
shall be deemed to be the amount of water diverted in the corresponding period im-
mediately prior to the failure, based on existing records unless City and Authority
shall agree on a different amount.
Section 1.4: Thirty (30) days prior to estimated date of completion of
construction of Authority water supply and distribution system, Authority will notify
City in writing the date of initial diversion of water.
Section 1.5: When requested by Authority after metering equipment has
been installed, the City will agree to diversion of sufficient water for testing, flushing
r and trench filling the system during construction for which Authority will pay City at
the rate set out of fourteen cents ($0. 14) per one thousand (1, 000) gallons. However,
minimum rate will not apply to this water used for testing the system.
Section 1.G: Location and Easements - The location of the proposed pump
station, treatment plant and intake structure shall be approved by the City, and the
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pump station and plant site acquired or obtained by long term lease at an agreed upon
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price from the City before detailed platy-4 and specifications are made. Easements for
the pipe lines across City property shall be acquired from the City before any pipe
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lines are constructed.
Section 1. 7: Approval - Puin station treatment process and Pl P , p pipe lines
must be approved by Texas State Health Department before any construction.
Section 1. 8: Plans and Specifications Approval - Plans and Specifications
shall be approved by the City before advertising for construction of any facilities.
Section 2. 0: The cost of water purchased by the Authority shall be based
in accordance with the following schedule:
$0.14 per 1, 000 gallons
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This water rate is subject to modification annually based upon a rate making system
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and formula to be developed by Wichita Falls and submitted to the Authority by Jan-
uary 1, 1980.. Any change in water rates will become effective for all water bills
rendered after April 30th of each year. The schedule of rates beginning with all water
bills rendered after this system is placed into operation could also include a "reservoir
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capacity charge" designed to cover the cost of reservoir space required to meet Auth-
ority's future needs, but for water not actually being taken in the maximum daily amount
as contained in Section 1. 2 of this contract.
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Section 2. 1: The City will read the Authority meter on the first day of each
month during the term of this contract. Authority and City shall have free access to
read meters daily if they so desire. The City will provide Authority no later than the
loth day of each month, with an itemized statement of the amount of water metered to .
Authority during the preceding month. Authority shall pay to the City the amount of
itemized statement for any month no later. than 20th day for the preceding month's usage.
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Section 3. 0: This contract shall extend for a term of forty (40) years from
the date of the initial metering of any water to Authority. Unless water is taken within
two (2) years from date hereof, this contract shall be void. At the expiration of the
term of this contract, same may be renewed or extended for such term or terms, as
may be agreed upon by the City and Authority. City may cancel this contract at any
time during the life of the contract in the event Authority fails to make any payment due
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hereunder within sixty (GO) days after same becomes clue; or, if Authority breaches
any covenant herein other than payment of the monthly statement, and such breach
continues for sixty (60) clays after City gives Authority written notice thereof. �I
Section 4. 0: Authority shall n01. be required to furnish water to any resi-
dent of City. If City extends its city li mil r-> to include any consumer of water from
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Authority, Authority will continue to provide water to such consumer. When City is i
able to extend its own water distribution sYstem which could provide such consumer
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with City's water, such consumer shall be allowed the choice of remaining on Authority
system or tying into City's system. Provided however, it is understood and agreed
the foregoing Section is subject to the restriction of 7U.S. C. Section 1926 b as amend d.
Section 5. 0: Authority shall permit the water to be used only for normal
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residential, commercial and municipal. purposes. Unless written permission is ob- I
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tained from City, water shall not be used for agricultural irrigation, cattle feed lots,
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or any processing or manufacturing concern which uses such water in other than normall',
residential or commercial quantities. Authority shall not permit water to be used by
other municipalities or for commercial or residential subdivisions not in existence at
the date of executing this contract. Authority shall not sell any water to any private
party for resale by such private parties to third parties. The service area of the
Authority shall be restricted to the area as indicated in Exhibit "C" attached which
would include City-owned leased lands and State-owned lands as well as two private
subdivisions on Lake Arrowhead which were final platted as of the date of this contract
and conditioned by the other restrictions in this section. Any extension of the service
area and system must be approved in writing by the City.
Section 5. 1: It is distinctly understood between parties hereto that City
owes its primary obligation and duty to the citizens of Wichita falls; in the event of
an extended shortage of water, or the supply of water available to City is otherwise
diminished over an extended period of time so that it becomes necessary to ration the
water sold to citizens of Wichita halls, the supply of water to Authority's consumers
shall be reduced or diminished in the same ratio or proportion as the supply to the
citizens of Wichita halls is reduced or diminished.
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Section G. 0: This contract is subject to such rules, regulations, or laws,
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as may be applicable to similar agreements in the State of Texas; the City and Auth-
ority will collaborate in obtaining such lwrmits, certificates, or the like, as may be
required to comply herewith. 'I
Section 7. 0: Any amendment I o this contract shall be in writing and exe-
cuted by both City and Authority.
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Section 8. 0: Lake Arrowhead is a primary water source facility for the I'�
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City. Improvements at Lake Arrowhead are not now served by a waste water collet-
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tion and treatment system. Septic tanks a re required by City Lease Agreement in .
accordance with State Health Department and City standards. The City will periodic-
ally conduct a septic tank inspection program. Upon notification by the City, the
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Authority will discontinue water service to any customer who does not maintain their
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septic tank and system in accordance with State health Department and City standards.
At some future date, City may require that a sanitary sewer collection and treatment
system be constructed and operated to serve Authority's water customers in order to
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prevent pollution of City's water supply. If such sanitary sewer collection and treat-
ment system is not constructed within twenty-four (24) month's of notification by the
City, Authority shall discontinue its water service under this contract. Upon com-
pletion of the sanitary sewer collection and treatnent system, all of Authority's water
customers will be required to tie into the system within ninety (90) days or Authority
agrees to discontinue water service to those customers who have not made connection.
Section 9. 0: This contract shall not be assignable without the approval of
City, except Authority may assign and/or mortgage this lease to the United States of
America, acting through the Farmers Home Administration. However, in the event
of any occurrence rendering Authority incapable of performing under this lease, any
successor of Authority, whether the result of legal process, assignment or otherwise,
shall succeed to the rights of Authority hereunder.
Section 9. 7_: The construction of the water supply distribution system by
the Purchaser is being financed by a loan made or insured by, and/or a grant from,
the United States of America, acting through the harmers home Administration of
the United States Department of Agriculture, and the provisions hereon pertaining to
the undertakings of the Purchaser are conditioned upon the approval, in writing, of
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the State Director of the Farmers Home Administration.
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IN WITNESS Wll l,,'REOF, the parties hereto, acting under authority of their
respective governing bodies, have caw;ed this contract to be duly executed in three
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counterparts, each of which shall con:,Utute an original.
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CITY OF WICHITA FALLS, TEXAS
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CITY MANAGER
ATTEST:
CITY CLI,1'111s
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RED RIVER.AUTHORITY OF TEXAS J�
BY:
GENERAL MANAGER
ATTEST:
SECRETARY
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