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Min 07/17/1979 243 Wichita Falls , Texas Memorial Auditorium Building July 17, 1979 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer i Wilma J. Thomas City Clerk Jim Thomas Absent The invocation was given by Alderman Traywick. Mayor Hill welcomed a group of summer school students. Item 2 Moved by Alderman Adcock that minutes of the meetings held July 3 and 10, 1979, be approved. Motion seconded by Alderman Russell . Mayor Hill made a correction in Item 14b of the July 3 minutes , stating that an incorrect word was used in one of his statements. The correct word should be "indict", rather than "invite". With this correction, the motion to approve the minutes was carried unanimously. Item 3a Doy Terry, 3104 Miami , requested a waiver on a mobile home placed on an unplatted lot on May 7 at 609 Ross. He stated that he intended to plat it, but when all the problems arose on mobile homes, he did not do so. He stated that he had conferred with Mr. Beck and Mr. Van Loh, and there did not seem to be any problem in placing a mobile home on a platted lot. (He later stated that he had come to the City several months before May 7, and that he understood that a permit could not be issued until it was platted. ) He stated that it willbe used as his residence, but remains unoccupied at this time. He confirmed that he moved the mobile home on the lot without a permit, and without it being platted. He stated that there are other mobile homes in the area. City Manager Gerald Fox stated that the ordinance restricting placement of mobile homes was not adopted until May 22. It would seem to him that his situation could be grandfathered since it was in the process of being installed prior to May 22. Moved by Alderman Smith that Mr. Terry be permitted to place his mobile home on the lot under the grandfather clause, but that no permits be issued until all city requirements have been met, including platting, deed restrictions , and all others. Motion seconded by Alderman Adcock, and carried unanimously. 244 Item 4a A proposed ordinance was presented extending the state of emergency. ORDINANCE NO. 3512 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Moved by Alderman Traywick that Ordinance No. 3512 be passed. Motion seconded by Alderman Russell . Mayor Hill asked how long we plan to continue this? The City Manager stated that other ordinances passed may depend on the continuance of this for a full year. The City Attorney will brief it. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Adcock Nays : None Item 5a A proposed resolution was presented authorizing the City Manager to execute a contract for the establishment of a housing rehabilitation program under the Community Development Block Grant program. The City Manager explained these program requirements. RESOLUTION NO. 2370 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MID AMERICA CONSULTING SERVICE FOR ESTABLISHMENT OF A HOUSING REHABILITATION PROGRAM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: WHEREAS, the City has received funds from the Department of Housing and Urban Development's Community Development Block Grant Program; and, WHEREAS, said program includes funding for the establishment of a residential rehabilitation program; and, WHEREAS, the City of Wichita Falls, Texas , desires to employ a professional consultant with the knowledge, experience, and expertise to prepare the rehabilitation program for the City of Wichita Falls , Texas; and, WHEREAS, Mid America Consulting Service has such knowledge, experience, and expertise. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to negotiate and execute a contract with Mid America Consulting Service, for a sum not to exceed One Thousand Dollars ($1 ,000.00) , providing for the establishment of a residential rehabilitation program for the City of Wichita Falls, Texas. Moved by Alderman Smith that Resolution No. 2370 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Adcock Nays: None Item 5b Discussion was held on a third amendment to Burkburnett water purchase contract. City Manager Gerald Fox stated that he had met with representatives of both Iowa Park and Burkburnett. Two alternative third amendments to the water purchase 245 Item 5b, cont'd. contract were presented, with different wording in Section 2.0. It was felt that the alternate which would provide a rate making system and formula mutually agreeable to both parties would be best. The other amendment provided for rates based on demonstrable increases or decreases in cost of contract performance. Alderman Smith pointed out that if you cannot meet mutual agreement, you meet it as a compromise, or through the Courts. Alderman Traywick noted that in the one presented on July 3, at least the ground rules were laid. RESOLUTION NO. 2371 RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF BURKBURNETT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 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 Burkburnett is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. 2. Resolution No. 2311 approved on March 20, 1979 is hereby repealed. Moved by Alderman Smith that Resolution No. 2371 be passed, adopting the amendment with Section 2.0 containing the mutually agreeable clause, as previously submitted. Motion seconded by Alderman Traywick, and carried by the following vote. i Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Adcock j Nays: None Item 5c A proposed resolution was presented approving third amendment to Iowa Park water purchase contract. RESOLUTION NO. 2372 RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF IOWA PARK. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 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. Moved by Alderman Smith that Resolution No. 2372 be passed, adopting the amendment with Section 2.0 containing the mutually agreeable clause, as previously submitted. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Adcock Nays: None Item 6 Alderman Smith noted that SBA appropriations are still tied up in Congress. He wonders if it would help for the Mayor to write letters to these people to tell them what they are doing to our people who are tornado victims? The City Manager stated that he will draft a letter for his signature. 246 Alderman Traywick stated that the Lake Wichita-Holliday Creek project has passed the Office of Management and Budget, and we might want to contact our representatives to see that they get on with it. The City Manager stated that it should be set up for congressional committees sometime this year. The Board of Aldermen adjourned at 9:02 A.M. PASSED AND APPROVED this day of �� — 1979. MAYOR ATTEST: s '� CITY CLE K i THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of March 19, 1973 the City of Wichita Falls and the City of Burkburnett entered into a water purchase contract by which Wichita Falls sold water to Burkburnett under the schedule of rates established in Section 2. 0 of said contract; and, WHEREAS, this contract was amended on July 20, 1973 and January 3, 1978 which amendments established that the commodity and demand rates were subject to modification every two year period, or when the domestic water rate for Wichita Falls' customers changed, whichever occurred sooner; and, WHEREAS, there has been an increase in the costs of providing such water under this contract and the domestic water rate for Wichita Falls' customers has been changed, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 1. 10 of said contract dated March 19, 1973 and amended on July 20, 1973 and January 3, 1978 is hereby amended as follows: Section 1. 10: The maximum amount of water to be furnished to Burkburnett will not exceed 333, 333 cubic feet per day. In the event of an emergency, City at anytime will consider a request by Burkburnett for an increase in the maximum amount of water to be furnished. The maximum amount of water approved for use in an emergency situation shall in no event be greater than the capacity of the Burkburnett trans- mission pipe line and the then existing capacity of the Wichita Falls water system. 2. Section 2. 0 of said contract dated March 19, 1973 and amended on July 20, 1973 and January 3, 1978 is hereby amended to read as follows: Section 2. 0: The cost of water purchased by Burkburnett shall be based in accordance with the following schedule: $0.45 per 100 cubic feet This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making sys- tem and formula to be developed by Wichita Falls and which rate making system and formula is mutually agreeable to both parties. 3. The effective date of this amendment shall be for all water bills ren- dered after April 30, 1979. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this the day of 1979. CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: City Clerk CITY OF BURKBURNETT, TEXAS BY: Mayor ATTEST: City Secretary -2- THIRD AMENDMENT TO WATER PURCHASE CONTRACT i WHEREAS, under date of January 10, 1972, the City of Wichita Falls and the City of Iowa Park entered into a water purchase contract, by which Wichita Falls sold water to Iowa Park under the schedule of rates established in Section 2. Q of such contract; and, WHEREAS, this contract was amended on March 1, 1977 and January 3, 1978 whereby rates were subject to modification every two year period, or when the domestic water rates for Wichita Fall's customers is changed, whichever occurs sooner; and, WHEREAS, there has been an increase in costs of providing water under this contract and Wichita Falls' domestic water rates have been changed, and the parties desire to amend such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Section 2. 0 of said contract dated January 10, 1972 and amended on March 1, 1977 and January 3, 1978, is hereby amended to read as follows: Section 2. 0: The cost of water purchased by Iowa Park shall be based in accordance with the following schedule of rates: $0.375 per 100 cubic feet This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and which rate making system and formula is mutually agreeable to both parties. 2. The effective date of this amendment shall be for all water bills ren- dered after April 30, 1979. 3. Section 1. 8 of said contract, dated January 10, 1972, is hereby amended as follows: Section 1. 8: Maximum amount of water to be furnished by City to Iowa Park will not exceed 266,666 cubic feet per day. In the event of an emergency, City may consider a request by Iowa Park for an increase in the maximum amount of water to be furnished. If such emergency increase in maximum amount of water is approved, it will be temporary and for a specific duration of time. IN WITNESS WHEREOF, the parties hereto have caused this agreement j to be executed on this the day of 1979. CITY OF WICHITA FALLS, TEXAS BY: City Manager ATTEST: A City Clerk CITY OF IOWA PARK, TEXAS BY: Mayor ATTEST: City Secretary