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Min 07/03/1979 227 Wichita Falls, Texas Memorial Auditorium Building July 3, 1979 i 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 Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Judy Baird Assistant City Clerk Raymond Adcock Absent The invocation was given by Chaplain R. M. Gurr, Sheppard Air Force Base. Mayor Hill welcomed a government class from each of the high schools. Item 3 Moved by Alderman Thomas that minutes of the meetings held June 19 and 26, 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 8c Moved by Alderman Smith that Items 4a through 8c on the consent agenda be approved. Motion seconded by Alderman Thomas. Item 4a v"ORDINANCE NO. 3506 AN ORDINANCE RELEASING AND ABANDONING ALL RIGHTS TO A TWO AND ONE-HALF FOOT STRIP OF UTILITY EASEMENT ON LOT 12, BLOCK 3, MIDWESTERN FARMS, SECTION 2. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None Y Item 4b ,'ORDINANCE NO. 3507 AN ORDINANCE RELEASING AND ABANDONING ALL RIGHTS TO A TEN (10) FOOT UTILITY EASEMENT BLOCK 33, JOSEPH A. KEMP ADDITION, CITY OF WICHITA FALLS, TEXAS, AND A PORTION OF GALVESTON STREET CLOSED BY ORDINANCE NO. 1806. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : None Item 4c ORDINANCE NO. 3508 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None 228 Item 5a RESOLUTION NO. 2357 RESOLUTION APPROVING SEWAGE SERVICE CONTRACT WITH THE UNITED STATES OF AMERICA, CONTRACT NO. F41612-79-S-0001 . THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain Sewage Service Contract, Contract No. F41612-79-S-0001 , a copy of which is attached hereto, between the City of Wichita Falls and the United States of America, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : None v Item 5b .`RESOLUTION NO. 2358 RESOLUTION APPROVING CHANGE ORDER NO. 1 WITH BOBBY WALLACE CONSTRUCTION CO. FOR MUNICIPAL AIRPORT BAGGAGE CLAIM AREA. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain Change Order No. 1 , a copy of which is attached hereto, to the contract with Bobby Wallace Construction Co. for the construction of the new baggage claim area at Municipal Airport, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None Item 5c RESOLUTION NO. 2359 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE BETWEEN THE CITY OF WICHITA FALLS AND FIRST STEP OF WICHITA FALLS, INC. , A NON-PROFIT AGENCY, FOR TWO BUILDINGS AT 1307 4th STREET, AND AUTHORIZING THE SUM OF $1000 OF 1978-79 COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS FOR REHABILITATION OF THOSE BUILDINGS. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, Certain lease, a copy of which is attached hereto, for leasing two buildings at 1307 4th Street, Lot 4, Block 240 of the Bean and Stone Subdivision to the Original Townsite of Wichita Falls , Texas , by the City of Wichita Falls to First Step of Wichita Falls , Inc. , and that the sum of $1000 of 1978-79 Community Development Block Grant contingency funds for rehabilitation of those buildings, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : None ✓Item 6a ✓RESOLUTION NO. 2360 RESOLUTION AWARDING CONTRACT ON 1979 RECONSTRUCTION PROGRAM. WHEREAS, the City of Wichita Falls has advertised for bids for the hot-mix asphaltic concrete surface course for the 1979 Reconstruction Program; and, WHEREAS, only one bid was received, and it is found that the bid of Timmins and Anderson Corporation, who bid $257,400.00, was a responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 229 Item 6a, cont'd. Said bid of Timmins and Anderson Corporation, in the amount of $257 ,400.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Timmins and Anderson Corporation for the construction of such improvements. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None y. Item 6b The bid for an estimated annual supply of 350 tons liquid chlorine was awarded to SEC Corporation, Fort Worth, in the amount of $185.45 per ton. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None , Item 7a Authority was granted to advertise for bids for Weeks Park Golf Club House, Golf Pro Shop, and Tennis Center. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None Item 7b Authority was granted to advertise for bids for 1979 seal coat program. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None Item 8 Minutes of the following boards and commissions were received. a. Wichita Falls Arts Commission - June 19, 1979 b. Planning Board - June 13, 1979 c. Traffic Commission - May 8, 1979 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None ✓Item 9a Don Hart was honored as Employee of the Month for July from the Fire Department. Mayor Hill presented him with a plaque and two tickets each to a theatre and dinner. ,%Item 9b Mayor Hill recognized Jacque Allen as a member of the Planning Board since May, 1975, and as chairman since May, 1977, by presenting her with a plaque. Mrs. Allen expressed her appreciation and stated she would like to come back in some other capacity. Item 9c A. D. Myers, Mayor of Olney, appeared regarding Olney's water situation. He stated that Olney has constantly searched for water supply. We talked to power companies, we talked to bonding companies. It seemed until June 15th all our efforts were futile. Our only opportunity to have permanent water was to come to Wichita Falls. However, tomorrow morning we will form a Young County Water District. This should give Young County water. I feel Young County will vote for these bonds and support this 100% because we have now learned how important water is to us. It will give us a good water supply for years to come. By allowing this 100-year plan hopefully we will never get into the mess that we are in now. 230 Item 9c, cont'd. I am not here for permanent water. I am here to report to you that I think we have our permanent water supply solved. I am coming to you today to see if you could increase the amount from 1 ,000,000 gallons per day to 1 ,250,000 gallons a day. Soon we will be able to fill our lake. I submit to you to let us have the 250,000 extra gallons a day. We would be willing to put something legal in the contract in case of rationing here. He stated the 100-year plan would call for laming three creeks - Elm Creek, Fish Creek, and Rock Creek at 25 year intervals , starting with Elm Creek. Moved by Alderman Hampton to increase the 1 ,000,000 gallons a day to 1 ,250,000 gallons average for 1979 and look at it next year. Motion seconded by Alderman Thomas. Mayor Myers of Olney asked if this could be through next May. Alderman Hampton said he wanted it just through 1979. The motion carried unanimously. ./Item l0a A proposed ordinance was presented amending the flood hazard prevention ordinance. Iv ORDINANCE NO. 3509 AN ORDINANCE AMENDING CHAPTER 15z, FLOOD DAMAGE PREVENTION, OF THE CODE OF ORDINANCES OF WICHITA FALLS, TEXAS TO PROVIDE A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. Moved by Alderman Smith that Ordinance No. 3509 be passed. Motion seconded by Alderman Thomas, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None v Item 1Ob A proposed ordinance was presented increasing the rate of fare to be charged by taxicabs. , ORDINANCE NO. 3510 AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NO. 1631 , AS AMENDED, INCREASING THE RATE OF FARE TO BE CHARGED BY TAXICABS. Moved by Alderman Thomas that Ordinance No. 3510 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Smith, and Thomas Nays: None (Alderman Russell was out of the room) '•Item Ila A proposed resolution was presented authorizing the City Manager to submit an application for Community Development Block Grant discretionary funds. RESOLUTION NO. 2361 A RESOLUTION APPROVING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT SECRETARY'S DISCRETIONARY FUND UNDER TITLE I , SECTION 107 (h) , AS AMENDED, OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 231 Item lla, cont'd. An application for Community Development Block Grant funds under Title I, Section 107 (h) , as amended, of the Housing and Community Development Act of 1974 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 certification providing the assurances which are required by the Act and by the Regulations issued thereunder by the Department of Housing and Urban Development. Alderman Traywick asked why are we just applying for $7,000,000? Alderman Thomas asked what the batting average was on getting any of this. Roger McKinney, Director of Planning, stated HUD is not sure how much is left in the fund. We cannot get a very good indication on the funding possibilities. Alderman Thomas asked what the justification would be on the Holliday Creek Greenbelt as opposed to the tornado area. Mr. McKinney said it was because the flooding potential may hamper some of the redevelopment efforts around that area that was affected by the tornado. The City Manager clarified that comprehensive planning is not land use controls. It includes housing projections, transportation needs, streets, parks and recreation, and utility needs to serve the type of area being developed in a particular part of the city. Moved by Alderman Thomas that Resolution No. 2361 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : None Item llb A proposed resolution was presented authorizing the filing of an application for urban mass transportation planning. ✓RESOLUTION NO. 2362 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION AND EXECUTING CONTRACTUAL AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation Requirements thereunder; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is authorized to execute and file an application and execute contractual agreements on behalf of the City of Wichita Falls with the U.S. Department of Transportation, to aid in the financing of Section 9 Technical Studies Grant, Federal Catalog Number 20.505. 232 Item llb, cont'd. SECTION 2. The City Manager is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of transportation effectuating the purpose of title VI of the Civil Rights Act of 1964. SECTION 3. The City Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. Moved by Alderman Thomas that Resolution No. 2362 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None Item llc — A proposed resolution was presented authorizing the filing of an application with the Department of Commerce for a grant for economic development planning. RESOLUTION NO. 2363 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION AND EXECUTING CONTRACTUAL AGREEMENTS WITH THE DEPARTMENT OF COMMERCE, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT GRANT ACT OF 1965, AS AMENDED. WHEREAS, the City of Wichita Falls, Texas was hit by a tornado on April 10, 1979 which devastated a large section of the City; and, WHEREAS, extensive and severe damage occurred to the residential , commercial , industrial , and public facilities; and, WHEREAS, the Secretary of Commerce is authorized to make grants for Special Economic Development and Adjustment Assistance; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The City Manager is authorized to execute and file an application and execute contractual agreements on behalf of the City of Wichita Falls with the U.S. Department of Commerce, to aid in the financing of Special Economic Develop- ment and Adjustment Assistance Grant, Federal Catalog Number 11 .307. SECTION 2. The City Manager is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Commerce effectuating the purposes of Title VI of the Civil Rights Act of 1964. SECTION 3. The City Manager is authorized to furnish such additional information as the U.S. Department of Commerce may require in connection with the application or the projects. Moved by Alderman Thomas that Resolution No. 2363 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None ✓Item lld A proposed resolution was presented waiving new open space land appraisal requirements until 1980. ✓RESOLUTION NO. 2364 RESOLUTION WAIVING THE APPLICABILITY UNTIL THE 1980 TAX YEAR OF THE PROVISIONS ARTICLE 1 OF H.B. 1060 PASSED BY THE 66TH LEGISLATURE CONCERNING APPRAISAL OF AGRICULTURAL LAND. 233 Item lld, cont'd. WHEREAS, Article 1 of H.B. 1060, passed by the 66th Legislature of the State of Texas, provided for appraisal of certain agricultural land on the basis of its agricultural use rather than its fair market value; and, WHEREAS, such statute provided that Article 1 shall take effect immediately and apply to taxes for the 1979 tax year, unless the governing body prescribe that the provisions do not apply to 1979 taxes; and, WHEREAS, the Board of Aldermen desires that such provisions do not apply to 1979 taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The provisions of Article 1 of H.B. 1060, passed by the 66th Legislature, concerning appraisal of agricultural land, is hereby waived untilthe 1980 tax year, and shall not apply to taxes for the 1979 tax year in the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2364 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : None v`Item 11e A proposed resolution was presented approving a contract with Wichita Falls Museum and Art Center. RESOLUTION NO. 2365 RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS MUSEUM AND ART CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Wichita Falls Museum and Art Center, is hereby approved, and j the City Manager is authorized to execute the same for the City of Wichita Falls. i Moved by Alderman Hampton that Resolution No. 2365 be passed with an addition to Section 1 .0 "and agrees that no part if its facilities shall be restricted to or for the exclusive use of any non-public membership organization. " Motion seconded by Alderman Thomas. Alderman Hampton stated by using public funds he felt they should be used by public organizations . The City has no business subsidizing the Junior League who has maintained free office space in the Museum all these years. They need no sub-station by the City of Wichita Falls. In all fairness to the citizens of Wichita Falls, we should not subsidize any organization that is not public orientated or whose membership is not open to the public. j Alderman Russell mentioned the Museum was built by the Junior League 13 years ago. It was a contractual agreement because this was a gift to the community. They in turn could occupy the office. Larry Francell , Director of the Museum and Art Center, 2 Eureka Circle, appeared stating in a letter of agreement they have provided a small space for the j League's use. He stated he understood the Junior League may give up their office I because of its size. This contract with the City is very important to the Museum, but especially the support of the city. They will open next fall depending on the funding. It allows them to be open seven days a week and free to the public. Mayor Hill stated if the Junior League's office proves to be an embarrassment to anyone, he thinks they will probably move their office. He stated he would hate to see that restriction put on there if we are going to fund them. 234 Item lle, cont'd. Moved by Alderman Traywick that the previous motion be amended, and we adopt the agreement as prepared, exclusive of the language provided by Alderman Hampton. Motion seconded by Alderman Smith, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: None Alderman Traywick stated he would like to see the letter of agreement. / Item 11f A proposed resolution was presented approving third amendment to Iowa Park water purchase contract. " RESOLUTION NO. 2366 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The 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. 2. Resolution No. 2314 approved on March 20, 1979 is hereby repealed. Alderman Thomas stated when we insert a provision "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 which rate making system and formula is mutually agreeable to both parties." , won't it seem like putting in the term "mutually agreeable" could put us into an impasse. We have this problem with Archer City. I feel we are solving a situation today that could haunt a city council 12 months from today. The City Manager stated an amendment is only effective if it is agreeable to both parties. We are not saying water rates will be mutually agreeable to Burkburnett and Iowa Park. We are saying the system that the rates will be developed from is agreeable to both parties. Alderman Hampton stated it seems we are backing down 100 percent. Alderman Thomas stated we are elected stewards of the water of Wichita Falls and we should keep this in mind in making contracts. Gary Bean, City Manager of Burkburnett, appeared stating they had hired an attorney, S.G. Johndroe, Ft. Worth, to look into this. If we sign something that says you will furnish a formula,that is contingent liability, and that is illegal under the State Constitution of Texas. Once we agree upon the formula the rates will come naturally. Alderman Traywick stated this gets down to a good faith relationship with our neighbors. We have to help Iowa Park and Burkburnett and other outlying communities . Moved by Alderman Thomas to postpone action on Iowa Park and Burkburnett. Motion seconded by Alderman Hampton. Mayor Hill and Alderman Smith disagreed with postponing action. Alderman Thomas stated this is loosely worded. Just because an attorney can attack any provision in it is not justification in approving this. We have to come up with some other wording to pinpoint this. Moved by Alderman Thomas to have action postponed on this for an indefinite V period of time. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , and Thomas Nays: Alderman Smith The City Manager stated Item llg will be passed over. 235 Item 11 i A proposed resolution was presented amending water purchase contract with Archer County Municipal Utility District No. 1 . v RESOLUTION NO. 2366 RESOLUTION APPROVING THIRD 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 Third Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Archer County Utility District No. 1 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Mr. C. A. Newsom, Chairman of the Board of the water district appeared regarding the request for 100 extra meters. He stated they had wanted water and now they have it. They now want the right to put in a few more meters. Moved by Alderman Thomas that Resolution No. 2366 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : None Item llj A proposed resolution was presented amending residency requirements. RESOLUTION NO. 2367 RESOLUTION ESTABLISHING RESIDENCY REQUIREMENTS FOR THE CITY MANAGER, ASSISTANT CITY MANAGER, DIRECTORS, AND DEPARTMENT HEADS. WHEREAS, Section 62 of the Wichita Falls Charter provides that, in making appointments, the City Manager shall give preference to citizens of Wichita Falls; and, WHEREAS, the United States Supreme Court has upheld the right of a City to require that its employees reside within the City; and, WHEREAS, the City Manager intends to amend Section II , Paragraph 9 of the Personnel Rules and Regulations for the City of Wichita Falls, regulating the residency of the City Manager, Assistant City Manager, Directors, and Department Heads , which is found to be reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such residency rule, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to establish such rule as a part of the Personnel Rules and Regulations for the City of Wichita Falls. Alderman Traywick asked why there is the requirement of the 25 miles and time of 30 minutes? Why not just 25 miles and leave the variable out of it? Wouldn't this be difficult to enforce? Moved by Alderman Thomas that Resolution No. 2367 be passed taking out the words "within 30 minutes driving time or" from paragraph "a" in the residency rule. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : None 236 Item 11k A proposed resolution was presented amending Resolution No. 2337 establishing Goals for Wichita Falls Committee. U RESOLUTION NO. 2368 RESOLUTION AMENDING RESOLUTION 2337 TO APPOINT THE CHAIRMAN OF THE CITIZENS ADVISORY COMMITTEE AS AN EX-OFFICIO MEMBER OF THE EXECUTIVE COMMITTEE OF THE GOALS FOR WICHITA FALLS COMMITTEE. WHEREAS, Resolution 2337 adopted on May 8, 1979 established a Goals for Wichita Falls Committee and made appointments to a nine member Executive Committee; and, WHEREAS, the Board of Aldermen believe it necessary and prudent for coordination purposes to have the Chairman of the Citizens Advisory Committee as an Ex-Officio member of the Executive Committee of the Goals for Wichita Falls Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 3(e) of Resolution 2337 is amended by adding the following sentence: "The Chairman of the Citizens Advisory Committee (CAC) is appointed as an ex-officio member of the Executive Committee. " Moved by Alderman Thomas that Resolution No. 2368 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays : None (Alderman Thomas was out of the room) Item 12a Bids were considered on banquet furniture for the Activities Center. Moved by Alderman Hampton that the low bid be awarded on the followingg to Continental Business Interiors, Wichita Falls, for a total amount of $12,552.50. 200 Folding Tables - $47.25 each 20 Folding Tables - $70.35 each 16 Table Caddies - $72.50 each 2 Table Caddies - $120.00 each 3 Chalkboards - $81 .00 each 2 Easels - $26.25 each Motion seconded by Alderman Smith, and carried unanimously. 'Item 13a Authority was requested to advertise for street and pedestrian improvements for the Activities Center. Moved by Alderman Russell that authority be granted to advertise for bids as requested. Motion seconded by Alderman, and passed unanimously. Item 14a Discussion was held on past due alley paving receivables. Alderman Thomas stated where we have the original owner as the present owner, we really don't have a problem. It would cost more than would be gained if we charged off 237 Item 14a. cont'd. the whole $7,600. He suggested filing a tax lien so if an owner sells to a buyer, the buyer will know there is a debt and it will come in the title policy. Mayor Hill asked about the Statute of Limitations. City Attorney H. P. Hodge stated it does not apply to cities. Alderman Thomas stated we should prepare an affidavit and submit it to the county. We should initiate stringent action to collect the $62.50 from all people who were original and present owners. Gerald Carlson stated a rebate is a bad account that is written off, or it could be a lot where there never was an alley. Alderman Traywick asked aren't we going to discriminate when we charge off someone and not someone else? Moved by Alderman Smith that an affidavit be filed on accounts not paid and be billed on an annual basis in the future. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes : Mayor Hill , Aldermen Hampton Russell , Smith, and Thomas Nays : Alderman Traywick Chief Accounting Officer Gerald Carlson stated he would attemp to collect on what he could. Item 14b Discussion was held on wrecker service alternatives. Alderman Thomas suggested adopting the new rates and then either go to a one firm contract and/or go to a one depository location. If instructions are given to take a car to a specific car center, it will be done, but if no instructions are given, it will be taken to one depository. Mayor Hill stated this might be better on a bidding system. He asked if Abilene and Waco has a rotation system? He said it would be better for one to say I can do this for this amount instead of the City saying you can charge no more than this much. Alderman Russell asked what was the length of the contract to do this service? City Attorney H. P. Hodge stated it would be for two years. Alderman Traywick stated it appears we are trying to complicate our lives. We are trying to prevent price gouging. He was in favor of the rotation. Police Chief Curtis Harrelson stated we have problems with the impounding ordinance as it now stands. The law says we shall notify the owner and lien holder within 10 days that we have the automobile impounded. After 20 days if we have not heard from the owner, we proceed to have it auctioned. We are not complying with the law if we do not auction the car. He also clarified that according to law the wrecker does not own the car if the owner is never heard from. Don Short appeared representing 11 businessmen providing wrecker services that are dispatched to the scenes of acciuents or impoundment on the wrecker rotation list. He stated they felt there has not been sufficient input on this subject regarding the rates. The charge is between $35 and $37.50. Because of inflation, maintenance, providing a vehicle that complies with the ordinance, providing 24-hour service and having to clean the scene of any debris, this is a reasonable charge. We feel a little resentment in that this industry has been charged with price gouging. The price of moving the home-made trailer was not unreasonable for $125 since he had to go into mud and all to get it out. Mr. Short suggested having an arbitrary committee, being able to have input with the ordinance on any changes made, and a check system so that all the laws are carried out. As far as an auction for the City, he stated they would be glad to get the vehicle to one place so the City could have the auction. He added N r� f i i 238 Item 14b, cont'd. they want to be part of the solution and not part of the problem. Alderman Thomas clarified what Mr. Short was asking was: 1 ) You would like to keep the system on rotating wheel as it now is, 2) No maximum to be mandated by ordinance, but that an arbitration panel be set up to solve any problems, 3) You would want cars to go to the wrecker in lieu of a central designation. Your man will bring it to a central location in the event of an auction. Mr. Short affirmed that the cars will be brought to the place of the auction free of charge and they will settle their indebtedness for the sale of the car. Allen Palmatary, owner •of a wrecker service, appeared stating this should be before a panel . We have a good system, we will work with you people. You need a panel to discuss this with people who understand this problem. This has to be discussed in length. He stated he would object to bidding on a 2-year contract. Alderman Traywick asked Mr. Palmatary if he thought the $125 charge to move the home-made trailer was a fair charge? Mr. Palmatary stated it was a fair charge. Mayor Hill stated he would like to correct something in the newspaper. He was quoted as indicting all the wrecker services.. fie did not do this. He pointed out only one other case of where an insurance adjuster had called one man that had pulled in five cars for him,and this one wrecker service is the one that had charged him $125 for five different vehicles. It may have been the same man that charged $125 for the trailer. Mayor Hill stated he would not indict all of the businessmen for that reason; that he gave them this one other example. Mayor Hill stated we should ash: for bids on this. Moved by Alderman Thomas we have a meeting with the representatives of Don Short's people and our people and see if we can find some middle ground which is agreeable. Motion seconded by Alderman Traywick. Alderman Traywick stated he would like to see the volume of business that transpires, the rates that are charged for various responsibilities that these people assume, and get a better handle on the financial responsibilities they assume in terms of what they charge. Billy Melton, 1212 32nd Street, Melton's Wrecker Service, appeared stating Mayor Hill has taken this as a personal thing and is not interested in their side of the situation. Mayor Hill stated this is not a personal thing. He has no money investment in this. He felt this should be like any other business. It should be put out on a bid basis. It would be fair for this to happen. You should be the one to say what you will charge. The motion carried by the following vote. Ayes: Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays : Mayor Hill \`Item 14c Discussion was held on the 1979-80 funding support for the Community Council . The Community Council is asking for $26,500 from the City, $7,200 from the County, and $24,540 from the United Way. Mayor Hill asked why we were being requested for an additional 80% over this year and 200% over last year. Steve Cookingham appeared as member of the Board of Directors. He stated costs have gone up. There was an increase in salaries and also for providing additional people and services. He added the other $5,000 would be from Nortex Aging contract. Moved by Alderman Thomas that $26,500 be funded for the Community Council . Motion seconded by Alderman Russell , and carried unanimously. 239 '/Item 11 h Discussion was held on modifying the Archer City raw water contract. Frank Douthitt, 201 N. Bridge, Henrietta, appeared regarding the proposed water contract with Archer City. He summarized the previous actions taken since March 20, 1979. He stated Archer City, in effect, has been told it has to agree to a contract modification or Wichita Falls will raise the rates to 24� a thousand gallons. Archer City is being coerced. You are trying to coerce Archer City to substantial contract changes on yet to be determined matters; that is , to force them to agree to a contract establishing a rate that will be based on a study not yet completed,and to alter that contract so that you may alter rates annually rather than bi-annually. The rate of 24� for raw water from the study by Bill R. McMorries includes rate of return and depreciation. Is this entitled to be included? He stated he was here to urge serious negotiations. I 'd like to clarify the contract. We will have to go to the Commission or court to settle the rate matter. The rate is not the most important question at this point. The attempt to make us alter the terms of the contract is. There are several things in the contract I know you and I do not know what it means. Moved by Alderman Thomas to postpone action on the Archer City matter for at least two weeks. Motion seconded by Alderman Smith, and carried unanimously. ,/Item 14e Authority was requested to join with other cities for rate consulting services on TESCO rate case. It was proposed each city pay toward the consulting service 2� per capita based upon 1970 population figures. Moved by Alderman Thomas that authority be granted, as requested. Motion seconded by Alderman Traywick, and carried unanimously. Item 14g Larry Francell of the Wichita Falls Museum and Art Center appeared again stating he had a copy of the agreement with the Junior League. He said it states they do provide a meeting space and it is the office at the Museum. He hopes to resolve the issue with the Junior League. Item 14d — — — — — — — — — An executive session was called at 12:20 P.M. to discuss personnel matters and reconvened at 12:40. At this time Aldermen Smith and Russell left the meeting. Moved by Alderman Thomas that the following persons be reappointed to the k/ Wichita General Hospital Board. a. Dr. Hulen Cook and Robert Pace. Terms to expire April 1 , 1980. b. J. I. Ginnings , term to expire April 1 , 1981 . Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that Major James Wetzel be reappointed to the Traffic Commission, term to expire December 31 , 1981 . Motion seconded by Alderman Traywick, and carried unanimously. Moved by Alderman Thomas that the following appointments be made to the MHMR Board of Trustees, subject to appointment by the County Commissioners,with terms to expire July 10, 1981 . a. Dr. Neal Holliman (reappointed) b. Barbara Glickman (reappointed) c. Mrs. Broyles (Jackie) Hall (appointed) d. David Ramsey (appointed) e. Dr. Glen Beck (appointed) 240 Item 14d, cont'd. Motion seconded by Alderman Traywick, and carried unanimously. G, Moved by Alderman Thomas that W. L. (Bill ) Thompson be appointed to the Electrical Advisory Board, term to expire May 23, 1981 . Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that the following appointments be made to the Citizens Traffic Safety Council , terms to expire July 1 , 1981 . a.. Tom Schrandt (appointed) b. Waynette Alexander (appointed) c. Michael Bullitt (appointed) a. Harvey Coombs (reappointed) Mayor Hill asked about trash collections where there are no containers. He said he had a call from a i,,.ai, wi;o was carrying his own because there wasn' t a container. The City Manager stated the boxes are being spotted for people where they had been previously. Ernest Lillard, Director of Public Works, stated they would get one for the man if they knew where he lives. The Board of Aldermen adjourned at 12:50 P.M. t PASSED AND APPROVED this the day of__ __ 1979. 7.1 - MAYOR ATTEST: CITY CLERK UTILITY SALES CONTRACT DEPARTMENT OF THE AIR FORCE Sewage Service Contract Contract Number: F41612-79-S-0001 Issued by: Baste Contracts Office Sheppard AFB, Tx 76311 Estimated Annual Receipts $41,975 This contract is entered into as of 01 Nov, 1979, by and between the United States of America,' hereinafter called the Government, represented by the contracting officer executing this contract, and City of Wichita Falls whose address is Wichita Falls, Tx hereinafter called the purchaser. Witnesseth That: Whereas, the Government has Sewage service (s) (hereinafter called utility service) established on or near Sheppard Air Force Base; and Whereas, the purchaser desires to obtain such utility service from the Government as for See attached map; and Whereas, such utility service is not available from local, private, or public sources; and Whereas, such utility service is confined to sales for con- sumption, not for resale; and Whereas, the sale of such utility service is in the interest of national defense or in the Public interest; and Whereas, the sale of such utility service is authorized by Title 10 USC 2481. Witnesseth That the parties hereto do mutually agree as follows: Page 1 Contract Number: F41612-79-5-0001 Page 2 GENERAL PROVISIONS 1. SERVICES TO BE RENDERED. Subject to the terms and conditions hereinafter set forth, the Government will furnish, subject to the limitations provided herein, and the purchaser will receive and pay for, such utility service as described in Special Provision Sewage Service attached hereto and made a part hereof. 2 . RATES AND PAYMENTS . For and in consideration of the per- formance of the stipulations of this contract, the Purchaser shall pay the Government for service contracted for, at the rate and under the terms and conditions set forth in attached Special Provision Sewage Service. The Government will render monthly statements to the purchaser and all bills for utility services will be due and payable fifteen days after the delivery of said bills. 3. USE OF SERVICE. The Government, by reason of this contract, is not obligated to permanently supply the Purchaser with utility service. The services described herein are temporarily supplied as an accommodation to Purchaser, as the Government service is presently available, service is not otherwise readily obtainable by the Purchaser, and the furnishing of such service under the existing conditions is deemed to be in the public interest. Purchaser 's use of such service is limited to such time as service can be supplied by the Government as surplus to its own needs and is not readily available to the Purchaser from another source. Purchaser shall use the services provided herein in such a manner as not to in anyway disrupt or interfere with the requirements of the Government or any other Purchaser that may be served by the Government. Such services shall be for use by Purchaser and shall not be purchased for resale. 4 . CHANGE OF RATES. If during the life of this contract there should be a change in cost to the Government, plus or minus 10%, the contract rates set forth herein will be adjusted as required to conform therewith and the Government agrees to furnish, subject to the conditions set forth herein, and Purchaser agrees to take and pay for, such services at the adjusted rates from and after the date when such adjusted rates are made effective. 5. LIABILITY. The purchaser shall hold and save the Government, its officers, agents and employees harmless from liability of any nature or kind, for or on account of any claim or action that may be asserted in connection with the services furnished under this contract. Contract Number: F41612-79-5-0001 Page 3 6 . TERMINATION. Services under this contract may be terminated by either party by written notice not less than thirty (30) days in advance of the effective date of termination. 7. RECAPTURE. In the event of a national emergency the Government shall have the right to recapture any facilities that may have been provided incident to the furnishing of any Utility service to Purchaser, and to immediately terminate the supplying of such service. 8 . SUSPENSION. The Government shall have the right to suspend or terminate the utility service in whole or in part if the Government utility service is interrupted or curtailed, or if such utility service becomes available from other local sources. The Government shall not be held liable for such suspension or termination, and shall not be required to continue the utility service for the necessity of the Purchaser. 9 . DISPUTES . Except as otherwise specifically provided, the installation commander or his designated representative will decide all disputes concerning questions of fact that arise under the contract and are not disposed of by mutual agreement. The commander will put his decision in writing and mail a copy to the purchaser who, within 30 days from mailing, may appeal to the Secretary of the Air Force. The Secretary's decision, or that of his designated representative, or representatives will be final and conclusive upon both parties. Pending decision of such dispute, the purchaser will proceed diligently with the performance of the contract. 10 . LICENSE FOR FACILITIES . The Government hereby grants to the Purchaser a license to enter any service location on Government property for any proper purpose under this contract, including use of the site or sites agreed upon by the parties hereto for the installation, operation and maintenance of the facilities of the Purchaser. It is expressly understood, however, that proper military or Governmental authority may I limit or restrict the license herein granted in any manner considered by such authority to be necessary for the national . security. 11. PURCHASER'S FACILITIES. The Purchaser, at its expense, shall furnish, install, operate, and maintain all facilities required to obtain service. The construction and maintenance of such facilities shall be subject to the approval and super- vision of the contracting officer. Contract Number: F41612-79-S-0001 Page 4 12 . REMOVAL OF FACILITIES . Upon termination of this contract, the Purchaser, at its expense, shall promptly remove all facilities installed by the Purchaser, and restore Government land and facilities to their original condition. If the Purchaser fails to remove such facilities within ninety (90) days after the effective date of termination, they shall be considered abandoned and title thereto shall vest in the Government without further action. 13 . OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 14 . COVENANT AGAINST CONTINGENT FEES . The Purchaser warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or under- standing for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage, or contingent fee. 15 . ALTERATIONS . None 16. CONTRACTUAL CONTENTS. This contract consists of the following: Cover Sheet and General Provisions - 4 pages, Special Provisions Sewage Service 1 page. IN WITNESS WHEREOF, the parties hereunto have executed this contract as of the day and the year first above written. NAME OF PURCHASER UNITED STATES OF AMERICA K V> S ATURE SIGNATURE OF CONTRACTING OFFICER BY Gerald G. Fox, City Manager BY TYPED NAME AND TITLE TYPED NAME OF CONTRACTING OFFICER P.O. Box 1431, Wichita Falls, Tx 76307 BUSINESS ADDRESS Attached to and made a part of Contract No F41612-79-S-0001 SPECIAL PROVISIONS SEWAGE SERVICE 1. Estimated Requirements : Estimated daily maximum demand 500 KGAL * Estimated annual consumption 182, 500 KGAL. (The parties hereto are not obligated to deliver or receive, j nor are they restricted to, the above amounts . ) 2 . Point of Delivery: The point of delivery of sewage shall be i the point of connection with the Governments sewer mains and located at the Base Sewer plant. 3. Quality of Service: The Government will supply the same quality of service as supplied to Sheppard Air Force Base. 4. Rate: The rate to be charged the Purchaser by the Government for the Sewage service described herein, is as follows: $ .23 for each KGAL. 5. Metering and Billing: Sewage service will be measured by meter installed and maintained by City of Wichita Falls, and bills will be rendered monthly to the purchaser by the Government. Meters will be tested annually and a copy of the test furnished to the Contracting Officer. *1000 Gallons. jp II INY\ Attached to and made a part of Contract F41612-'19- n+ `l S-0001 rl wN 0 mammon, 071'. �y A G. / < � V � D toAlr -r ` •''f to � - rt� Oi►I N �4n ���1 � in 40, 00t, IL AV LP JL `. L. to 4 `\ ,. n�If IF ��� 40 En Ul qP cii n• YL 'w ' K I� i Ir i '1 O _ _�.."yam �.'.'.` ----• ^� ___ - - OD - I .�.�- � � jP-�� H =: CHANGE OWNER ❑ ARCHITECT ❑ (ORDER CONTRACTOR ❑ FIELD ❑ AIA DOCUMENT 6701 OTHER PROJECT: CHANGE ORDER NUMBER: 2 (name, address) TO (Contractor) �I Fobby Wallace Construction Co J ARCHITECT'S PROJECT NO: 5007 Joyce CONTRACT FOR: Wichita. Falls, Tex. 76302 General (_ _f CONTRACT DATE: 16 January, 1979 You are directed to make the following changes in this Contract: 1 . Relocate sewer lines extending from kitchen to miss drilled pier and reuse type sewer line materials to comply with City codes. 2. Add metal expansion joints for new plaster wall. 3. Add metal trim frames for doors Nos. 3 & 5. 4. Apply 2" concrete topping to existing floor slab. 5. Reinstall two parking lot bumpers north of kitchen. 6. Contract time is increased 22 days due to non—job related emergency work caused by 10 April tornado plus 18 days lost due to rain, sewer charge and material shortage. The original Contract Sum was . . . . . 234. 00 Net change by previous Change Orders . . . . . . . . . . . . . . . . . . $ 1 ,225. 00 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 11 39459, 00 The Contract Sum will be (increased) (wnc!I gam) by this Change Order . . . $ 1 9724. 29 The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 11 5 , 183. 29 The Contract Time will be (increased) (do4creased) (N+1@ geel) by ( 40 ) Days. The Date of Completion as of the date of this Change Order therefore is Joy B. Roberts Bober Wallace _ City of Wichita. Fulls ARCHITECT CONTRACTOR OWNER Address ess Addr 1207 Brook 5007 Joyce Address W T�2 30 _ WF, Tx. 76302 BY BY BY DA E DATE DATE AIA DOCUMENT G701 CHANGE ORDER APRIL 1970 EDITION • AIA® © 1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 THE STATE OF 'TEXAS COUNTY OF WICHITA LEASE AGREEMENT This lease made and entered into this the 5th day of July 1979 by and between the City of Wichita Falls, Texas, hereinafter called Lessor, and the First Step of Wichita Falls, Incorporated, a non-profit corporation, hereinafter called Lessee. WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1. Lessor hereby leases to Lessee the following described property situated in Wichita Falls, Wichita County, Texas to wit: Lot 4, Block 240 of the Bean and Stone Subdivision to the Original Townsite of Wichita Falls, Texas. 2. The term of this lease shall be for a period of one year commencing on July 5, 1979 and extending to July 4, 1980. At the conclusion of the original term of this lease, Lessee shall have the option to extend this lease four (4) additional periods of one year each, ending on July 4, 1984. If Lessee desires to exercise options, it shall notify the Lessor in writing no less than sixty (60) days prior to the ending date of the original term or any option period. In the event Lessee chooses not to exercise an option by the specified time above, this lease and all subsequent options shall terminate. 3. The rental for this property shall be the sum of One Dollar ($1) annually payable in advance on the anniversary date of this Lease Agreement each year. 4. Lessee shall provide all furnishings, furniture and office equipment (Including all consumable and disposable items) which are necessary for the effective and efficient operation of the First Step, Inc. Center. Lessee shall own such items and be responsible for their replacement. 5. The property and structure (s) owned by the Lessor, shall be used by the Lessee only for purposes and activities involving services for the First Step of Wichita Falls, Incorporated as are normally provided by such an organi- zation within the State of Texas. 6. This Lease Agreement shall remain in full force and effect according to the term of the Lease in Section 2 and cancellation provision as included in Section 12, except that, if the Lessee becomes inactive or so small in size and number of members that it could not effectively use these facilities so leased, this lease may be cancelled by thirty (30) days written notice to Lessee from Lessor. 7. Lessee shall be fully responsible for all maintenance and repairs of the structure (s), equipment and grounds. Except that Lessor shall be responsi- ble for maintenance and repairs of any structural defects and roofs. Before the Lessee makes any major improvements to the structure (s) or grounds, it shall review such with the Lessor's City Manager and obtain his (her) ap- proval of such. Maintenance shall be accomplished continuously in a good, reasonable and workmen like manner so that the premises are maintained in as close to original condition as possible, less normal wear and tear. 8. Lessee shall be responsible to pay all utilities and janitorial services for the building (s) and grounds. 9. Lessee shall carry sufficient fire and hazard insurance on the structure (s) to protect the interest of the Lessor and the Lessor shall be made bene- ficiary in such policy. The Lessor's City Manager shall approve such insur- ance policy and an insurance certificate shall be on file with the Lessor at all times. The amounts of insurance may be changed from time to time as ap- proved by the City Manager. 10. Lessee shall hold the Lessor harmless for any personal injury which may occur on the property or within structure (s). Personal injury liability insurance, in amounts approved by the Lessor's City Manager, which may change from time to time, shall be in force at all times during the term of this lease and an insurance certificate for such on file with the Lessor at all times. 11. Lessee shall not rent or sub-lease these premises to a third party without the prior approval of Lessor. -2- 12. In the event Lessee breaks any of the covenants of this lease, Lessor shall notify Lessee in writing of such defects. Lessor shall have 30 days to correct such defects. If the defects are not corrected within 30 days, this Lease shall be terminated within 15 days after the initial defect correction period. Upon termination of this lease, all property owned by the Lessor shall be returned to the Lessor in as close to its original condition as possible, less normal wear and tear. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the date written above. CITY OF WICHITA FALLS, TEXAS BY: CITY MANAGER ATTEST: CITY CLERK FIRST STEP OF WICHITA FALLS, INCORPORATED BY: ATTEST: SECRETARY -3- RECEIVED IN AGREEMENT CITY CLERK'S OFFICE 7 WHEREAS, the following facts presently exist: By ..._... - - 7 1. Wichita Falls Museum and Art Center ("Museum") is a Texas Non-Profit Corporation organized in 1964; the Museum maintains its principal place of business at 2 Eureka Circle, Wichita Falls, Texas 76308. 2. The City of Wichita Falls, Texas, ("City") in Wichita County, Texas is duly organized pursuant to a Texas Home Rule Charter. 3. The Museum owns and operates a facility at its principal place of busi- ness and there conducts a museum program in science, history, art and a broad range of related instruction for persons of all ages. 4. Heretofore the Museum and City have entered into a two year agreement for financial support so that additional services can be rendered by the Museum to the I' I City and its citizens and visitors. This agreement expires on September 30, 1979. I 5. This agreement would be a continuation of the previous and expiring I agreement under terms as indicated. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, for value received, the receipt and sufficiency of which is hereby acknowledged, the Museum and City agree: Section 1. 0: Community Services. The Museum has heretofore rendered a broad range of educational and cultural services to the City and all of its citizens and visitors on a regularly scheduled, daily basis (locally observed holidays ex- cepted), and admission to the Museum is free of any charge. During the term here- of, the Museum shall use its best efforts to continue present services and to expand and add to its current programs with the annual fee herein set as its Board of Trus- tees may determine. Section 2. 0: Fee. The said activities of the Museum and its program accrue to the benefit of the City, and during each year of the term hereof, the City shall pay the Museum a fee (Annual Fee) for such services. The amount of the Annual Fee shall be approximately 10% of the Museum's annual operating budget each year, but no more than $15,000 for the first year and $16, 000 for the second year of this agreement. The Museum's annual operating budget as adopted and certified each year by the Museum's Board of Trustees shall be presented to the City of Wichita Falls prior to February 27th of each year. The Annual operating budget so presented shall specifically indi- cate new and/or expanded programs proposed to be funded that fiscal year. The Annual Fee shall be so paid in four (4) equal installments on or before the tenth day i of October, January, April, and July of each year. I Section 3. 0: Term. This Agreement shall commence and be effective as of October'1, 1979, and it shall continue thereafter for the next two (2) consecutive years. The City and the Museum contemplate the City's continued payment of the Annual Fee after October 1, 1981, upon such terms as are then mutually agreeable to the City and the Museum. Section 4. 0: Appointments and Liaison. The Mayor with the concurrence of the Board of Aldermen of the City of Wichita Falls under this agreement shall have the right to appoint two (2) persons to the Museum Board of Trustees, one of whom shall also be a member of the Museum Executive Committee. Such appointees shall have I all of the rights accorded to other members of the Board of Trustees and Executive I Committee. The persons first appointed shall serve one and two year term respective- ly and thereafter all appointments shall be for two year terms. In addition, the Board of Aldermen may appoint one of its own members who shall liaise with the Board of Trustees and Executive Committee with no right to vote. THUS executed at Wichita Falls, Texas, this 5th day of July , 1979. CITY: CITY OF WICHITA FALLS, TEXAS BY: _ CITY MA GER ATTEST: CITY CLERK MUSEUM: WICHITA FALLS MUSEUM & ART CENTER BY:Z/ ATTEST: SECRETARY -2- r RECEIVED IN CiTy CLERK'S OFFICE Date .................. ...— THIRD AMENDMENT TO WATER PURCHASE CONTRACTBY --.-.- 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 contract by which Wichita Falls sold water to the District in the maximum amount adequate to serve as many as 200 families per day; and, WHEREAS, the District has requested an increase in the number of families to be served under this contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: (1) Section 1. 8 of said contract dated August 21, 1973 is hereby amended to read as follows: "Maximum amount of water to be furnished by City to District shall be adequate to serve as many as 300 families per day in accordance with Section 1.3 of this contract. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the k day of t�' � , 1979. CITY OF WICHITA FALLS, TEXAS BY: Cv-/�� CITY MANA ER ATTEST: Cq , %CITY CLERK ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 BY: PRE ENT ATTEST: ." ' 9 SECRETARY RESIDENCY RULE For purposes of this section "residence" means the true, fixed and permanent home of the employee or applicant for employment, to which whenever he is absent he has the intention of returning. The term "reside" as used in this section means lives at the residence. The term "management personnel" means the City Manager, Assist- ant City Manager, Directors, and Department Heads. a. In accordance with Section 62 of the Wichita Falls City Charter city residents will be given preference in all appointments. All applicants for employment and all present employees except management personnel, may be hired and/or allowed to maintain residence outside the city limits, as long as such residence is within 25 miles of the employee's work station. Prior to the permanent confirmation of an employee to any management position, that employee must certify in writing to the City Manager that his/her address and residence is within the city limits of the City of Wichita Falls. Management personnel who reside outside the city limits prior to July 1, 1979 may continue to reside outside the city limits. Management personnel who have permission to reside outside the city limits have been granted permission based on a specific residence address given at the time of approval. Asa art of their working g agreement, all management personnel are required to provide the City Manager with any change of residence address as soon as possible after the change occurs. Falsification of residence address or fail- ure to report change of residence address within thirty (30) days of such a change will be cause for dismissal. b. No employee residing outside the city limits shall be permitted to drive a city vehicle to and from his place of residence without written permission from the City Manager. Such approval shall be contingent on the employee having to res- pond to emergency calls during normal off duty hours. Approvals must be filed in the employee's personnel folder. C. Any employee whose telephone number is considered a long distance number will be responsible for the cost of all calls originated by said employee. (e.g. em- ployee calls in sick).