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Min 04/01/1980 469 Wichita Falls, Texas Memorial Auditorium Building April 1 , 1980 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 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 Carroll E. Landreth, Jr. , Highland Church of God. Item 3 Moved by Alderman Adcock that minutes of the meeting held March 25, 1980, be approved. Motion seconded by Alderman Smith, and carried unanimously. Items 4b and 6a were moved to the regular agenda. Items 4a - lOb Moved by Alderman Thomas that Items 4a through 10b, except as above, on the consent agenda , be approved. Motion seconded by Alderman Russell . 'Item 4a A proposed appropriation ordinance for Weeks Park tennis center reconstruction was approved. ✓ORDINANCE NO. 3636 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 5a ORDINANCE NO. 3637 AN ORDINANCE CHANGING THE NAME OF A STREET LOCATED IN BRIARGATE ESTATES, SECTION 5, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None 470 Item 5b A proposed ordinance establishing speed limits on Kemp Boulevard was approved. ORDINANCE NO. 3638 AN ORDINANCE AMENDING PARAGRAPH (R) OF SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5c A proposed ordinance establishing school zone speed limits on 13th and 14th Streets during certain hours was approved. � ORDINANCE NO. 3639 AN ORDINANCE AMENDING SECTION 29-91 .1 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, BY ADDING SUB-PARAGRAPH (AM) AND (AN) TO SECTION 29-91 .1 AND, DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 5d ORDINANCE NO. 3640 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None ✓Item 6b RESOLUTION NO. 2485 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISAL AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES AND PAYMENT OF RELOCATION EXPENSES FOR THE MIDTOWN "2000" PROJECT. WHEREAS, it is necessary to acquire the properties hereinafter described for the Midtown Improvements Project; and, WHEREAS, such properties have been appraised by an Independent appraiser employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. 1 It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas; MIDTOWN IMPROVEMENT PROJECT S. 62.5 feet of Lot 2, Bean & Stone Re-Survey of Blk. 241 , Orig. Town Lot 6, Bean & Stone Re-Survey of Block 241 , Original Townsite Lot 10, Bean & Stone Re-Survey of Block 241 , Original Townsite 471 Item 6b, cont'd. Total values approved in this resolution--------------$14,700.00 Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls , Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments, rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program and Article 3266 b Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tract for such approved value he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls, Texas. He is further authorized, when in his judgment is appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None A tem 6c 'RESOLUTION NO. 2486 RESOLUTION APPROVING LEASE AND EASEMENT TO RED RIVER AUTHORITY OF TEXAS FOR WATER TREATMENT AND DISTRIBUTION FACILITIES AT LAKE ARROWHEAD. WHEREAS, the City heretofore approved a water purchase contract with Red River Authority of Texas for the purchase of raw water from Lake Arrowhead, and such Authority also proposed to construct certain water distribution lines to serve customers located around Lake Arrowhead; and, WHEREAS, in order to construct this project, such Authority has requested a lease agreement from the City for the purpose of constructing water treatment facilities, and an easement from the City for the purpose of constructing distribution lines. 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 for the City of Wichita Falls to such Authority a lease for the filter plant on the 1 .61 acre tract shown on Exhibit A, and for the west water storage tank on the 0.195 acre tract shown on Exhibit A and for the east water storage tank on the 0.159 acre tract shown on Exhibit A all of which tracts are reflected on the accompanying engineers' field notes which are incorporated herein for all purposes; such lease shall be for a term of forty years, shall provide for rental in the sum of $350.00 per year, shall provide that such Authority hold the City harmless from all damages , and that such Authority shall take precautions to protect the dam. SECTION 2. The City Manager is authorized to execute for the City of Wichita Falls to such Authority an easement for water distribution lines across A. Graham Survey, A-757; B.B.B. & C.R. Survey, A-48; D. Kane Survey, A-922; D. Kane Survey, A-895; H.T.&B. Survey, A-239; Brazos County School Land Sections 40, 41 , 42, 43, 44, 45, 46, 47, and 48; Wm. Spavin Survey, A-422; M. Haley Survey, A-188; E. Brooks Survey, A-33; A. P. Belcher Survey, A-843; John Rogers Survey, A-390; W. C. R. R. Survey, A-729; 0. T. Love Survey, A-1078; A. Belcher Survey, A-842; W. C. R. R. Survey, A-720; and Halsell Subdivision No. 1 , Sections 17, 19, 26, 27, 28 and 29; W. C. R. R. Survey, A-731 ; and C. W. Easley Survey, A-885 all located in Clay County, Texas. 472 Item 6c, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 6d 'RESOLUTION NO. 2487 RESOLUTION AMENDING RESOLUTION NO. 2458 NAMING NEW ALTERNATE PRESIDING JUDGES AT CITY BOX NOS. 11 AND 13. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2458 calling the regular municipal election for April 5, 1980, passed and approved by the Board of Aldermen on February 19, 1980, is hereby amended by changing the names of the Alternate Presiding Judges for City Box Nos. 11 and 13 from Mrs. J. W. England and Mrs. Lois Callaway, to Mrs. Sadie M. Ross and Mrs. Myrtle Pitt, respectively. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 6e ,/RESOLUTION NO. 2488 RESOLUTION ACCEPTING FROM TEXAS ELECTRIC SERVICE COMPANY BILL OF SALE FOR STREET LIGHT SYSTEM USED IN CONVERTING TO HIGH PRESSURE SODIUM VAPOR LIGHTING SYSTEM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Bill of sale, whereby Texas Electric Service Company conveys to the City of Wichita Falls certain facilities used for High Pressure Sodium street light system, is hereby accepted, and the City Manager is authorized to pay Texas Electric Service Company the sum of $18,169.00 for such Bill of Sale. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 7a RESOLUTION NO. 2489 RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION COMPANY FOR UTILITY ADJUSTMENTS AND RELOCATIONS AT VARIOUS LOCATIONS IN SUPPORT OF THE COMMUNITY DEVELOPMENT PAVING PROGRAM. WHEREAS, the City of Wichita Falls has advertised for bids for the utility adjustments and relocations at various locations in support of the Community Development paving program; and, WHEREAS, one bid was received, and it is found that Bowles Construction Company of Wichita Falls , whose bid of $61 ,677.64 is the lowest responsible bidder, and that such bid is fair and reasonable. 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 $61 ,677.64 is hereby accepted and the City Manager is authorized to execute a contract for the City of Wichita Falls with Bowles Construction Company for the utility adjustments and relocations. 473 Item 7a, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Item 7b Low bids for traffic signal equipment were awarded as follows. a. Signal Engineering Company Traffic signals - $11 ,740.00 Signal/detector cable - $16,757.00 b. Traffic Transportation Supply, Inc. Bracket assemblies - $3,375.00 c. Traffic Signal Equipment, Inc. 4" pole base - $2,422.50 Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 8a Authority was granted to advertise for bids for an annual supply of hydro- fluosilicic acid. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 8b Authority was granted to advertise for bids for 1979-80 Community Development street lighting program. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 8c Authority was granted to advertise for bids for a trailer mounted air compressor for the traffic department. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Human Relations Commission - March 10, 1980 b. Arts Commission - March 18, 1980 c. Park Board - March 25, 1980 d. Traffic Commission - March 11 , 1980 e. Board of Electrical Examiners - March 20, 1980 f. Planning Board - March 12, 1980 g. Mayor's Commission on Status of Women - March 7, 1980 Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None ,Item l0a A public hearing on hazardous structures was set for May 6, 1980. 474 Item 10a, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 1 Ob Tax Adjustments Numbers 143 through 298 were approved in the amount of $5,865.02. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None i Item 4b A proposed ordinance was presented appropriating $10,000 for the Farmers Market, plus $1 ,300 for improvements to the Martin Luther King Center. Alderman Thomas inquired how much the Farmers Market will cost? The City Manager stated $240,000, plus this $10,000 for construction only. Land acquisition is not included in this cost. ORDINANCE NO. 3641 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3641 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None of Item 6a A proposed resolution was presented authorizing employment of appraisers and establishing land acquisition policy for Wichita River Greenbelt project. Alderman Thomas questioned whether we would want to do this before we know what our bonds will cost? We may need more money than what we have appropriated. The City Manager explained that land acquisition funds are from Community Develop- ment Block Grant funds. v RESOLUTION NO. 2490 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE WICHITA RIVER GREENBELT PROJECT AUTHORIZING EMPLOYMENT OF APPRAISERS AND ESTABLISHING LAND ACQUISITION POLICY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 It is necessary to acquire the following described tract of land for the Wichita River Greenbelt improvement project under the Community Development Block Grant Program, to wit: Eight (8) Acres, Tract No. 63 J. A. Scott Survey No. 17, Abstract 298 Section No. 2 The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the Wichita River Greenbelt improvement project. Section No. 3 The following procedures shall be used in the acquisition of properties for the Wichita River Greenbelt improvement project, the objectives of 475 Item 6a, cont'd. which are to insure that uniform, fair and equitable treatment be afforded persons displaced as a result of this federally assisted project, to encourage and expedite acquisition by agreements with property owners to avoid litigation and relieve congestion in courts, to assure consistent treatment for owners of real property to be so acquired, and to promote public confidence in federal land adquisition: A. The City shall make every reasonable effort to acquire such real property expeditiously by negotiation. B. Real property shall be appraised before the initiation of negotiations, and the owner or his representative designated in writing shall be given an opportunity to accompany the appraiser during his inspection of the property. C. Before the initiation of negotiations for the acquisition of such real property, the City shall offer to acquire the property for the full amount so established, which shall be not less than the approved appraisal of the fair market value of the property. The owner shall be provided with a written Statement of the Basis for Determination of Just Compensation. If only a portion of the property is acquired, the Statement shall make an apportionment between the com- pensation for the property acquired and the net damages or benefits to the remaining property. D. If the acquisition of a portion of a property would leave the owner with an uneconomic remnant, the City will offer to acquire such uneconomic remnant. E. If the owner is not satisfied with the City's offer, he may refuse to accept it; if he can provide evidence concerning value or damage that warrants a change in the City's determination of just compensation, the price will be adjusted accordingly by the appraiser. F. No owner shall be required to surrender possession of real property before the City pays the agreed purchase price, or deposits with the court in which the City has instituted a condemnation proceeding for such property, for the benefit of the owner, an amount not less than the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property. G. The City shall furnish the owner a statement identifying the settlement and related costs that will be paid by the City. H. The construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation, without at least 90 days written notice from the City of the date by which such move is required. However, shorter notice may be given where HUD determines that such 90 day notice is impracticable. I. If arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the City on shorter notice, the rental will not exceed the lesser of (1 ) the fair rental value of the property to a short-term occupier, (2) the pro rata portion of the fair rental value for a typical rental period, or if the owner or his tenant is an occupant of a dwelling, the rental for such dwelling shall not exceed 25% of his income. J. The City shall not advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action which is coercive or misleading in nature in order to compel an agreement on the price to be paid for the property. K. If any interest in real property is to be acquired by the exercise of the power of eminent domain, the City shall institute formal condemnation proceedings to prove the fact of the taking of real property. L. In any case in which a notice is served by the City of its intention to acquire real property, initiation of negotiations shall occur within 90 days of the service of such notice of intention. Moved by Alderman Thomas that Resolution No. 2490 be passed. 476 Item 6a, cont'd. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None �r Item lla The public hearing was opened on Tanglewood assessment paving program. James Cole appeared, who resides on the corner of Briarcliff and Tanglewood Drive. He stated that when he purchased his lot, he thought these costs were all taken care of. He does not feel he should have to pay for that extra side lot paving. The street was already on a plat to be extended. He does not feel the road is of any advantage to him or his neighbors in upper Tanglewood. Director of Public Works Ernest Lillard stated that on this particular section of street back of Mr. Cole's lot, the City at that time did not require completed paving at the time the plat was filed for record. This section of street along Mr. Cole 's side property has never been paved. The developer was required to fulfill the conditions of the plat which was filed. It was suggested that he check his purchase contract. ORDINANCE NO. 3642 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING TANGLEWOOD DRIVE, FROM THE NORTH PROPERTY LINE OF BRIAR CLIFF DRIVE TO THE NORTHWEST CORNER OF LOT 16, BLOCK 1 , TANGLEWOOD, SECTION 1-A, 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 CERTIFICATIONS 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. 3642 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None f Item 12a Discussion was held on a proposed ordinance to allow the sale of tickets in Scotland ballfield for a softball tournament. Alderman Traywick stated that we need to establish a policy for charges for the use of our parks which will be consistent. The City Manager stated that a policy could be prepared for their consideration at the next meeting. The Council requested that this be done. ORDINANCE NO. 3643 ORDINANCE WAIVING SECTION 22-1 , SUBSECTION (a) OF THE CODE OF ORDINANCES TO ALLOW SELLING OF TICKETS AT SCOTLAND BALLFIELD. Moved by Alderman Hampton that Ordinance No. 3643 be passed, as written. Motion seconded by Alderman Adcock, and carried by the following vote. 477 Item 12a, cont'd. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None Leo Cook stated that his tournament is a fast pitch. There is a slow pitch tournament almost every weekend in Wichita Falls, and they charge admission. He requested that they keep in mind that these slow pitch teams can absorb the cost. They do this to raise money for their teams. He stated that the fast pitch tournament can absorb it. Item 13a A proposed resolution was presented approving a contract with Joe Collins as Weeks Park Golf Professional . The City Manager outlined the recommended changes in the contract. ✓ RESOLUTION NO. 2491 RESOLUTION APPROVING CONTRACT WITH JOE COLLINS FOR WEEKS PARK GOLF PROFESSIONAL. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Joe Collins, for services as Weeks Park Golf Professional , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2491 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Vitem 13b A proposed resolution was presented authorizing execution of Urban Mass Transportation Administration operating assistance grant. ✓RESOLUTION NO. 2492 RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR OPERATING ASSISTANCE 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 accordance 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; and, WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant or other services; and, 478 Item 13b, cont'd. WHEREAS, Resolution Number 2152, June 6, 1978, authorized the City Manager to execute and file an application on behalf of the City of Wichita Falls with the U. S. Department of Transportation for operating assistance funds for the eligible amounts for the period from October 1 , 1977 through September 30, 1978 and Resolution Number 2402, October 2, 1979 authorized filing a revision of that application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager is hereby authorized to execute the agreement pertaining to the assistance application and the revision thereto. Moved by Alderman Thomas that Resolution No. 2492 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays : None ✓ Item 14a A proposed resolution was presented authorizing first and final payment for asphalt portion of 1977 Street Reconstruction Program, Phase I. . RESOLUTION NO. 2493 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF 1977 STREET RECONSTRUCTION PROGRAM PHASE I (ASPHALT PORTION) . WHEREAS, The City of Wichita Falls and Timmins-Anderson Corporation, as contractor, entered into a contract dated October 4, 1977, wherein said contractor agreed to construct the 1977 Street Reconstruction Program Phase I (asphalt portion) ; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the final estimate has been submitted on this project, which final estimate shows a total amount of work done as $24,938.55. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the 1977 Reconstruction Program Phase I (asphalt portion) is accepted by the City of Wichita Falls , the final estimate is approved, and the City Manager is directed to pay to the said contractor the City's share of the amount due as shown on such estimate. Moved by Alderman Thomas that Resolution No. 2493 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 15a Discussion was held on selection of a city auditor for the fiscal years 1979-80, 1980-81 , and 1981-82. Moved by Alderman Thomas that the firm of Ernst and Whinney be accepted for a three-year period. Motion seconded by Alderman Russell . 479 Item 15a, cont'd. Jerry Mathis, CPA, requested that each consider the availability of local accounting firms to do this work. It has been done in Wichita Falls for several years. The local CPA's hate to see this work go out of the City. They are all qualified to do this work. Most have some people from these two firms on their staff. Most have governments for which they do audits. He solicited their support on giving this contract on a one year basis. Gerald Carlson, Chief Accounting Officer, stated that he does not believe that a CPA firm doing the audit can do justice on a one year basis. The proposal which went out in December was for a three-year engagement. He feels this is one reason we got the response which we did. It takes one year for an audit firm to become familiar with the accounting system of the City. City Manager Gerald Fox stated that we have the option to get out of the contract at any time during this period if we are dissatisfied with them. Alderman Russell withdrew her second to the motion, stating that she would like the Council to encourage the firm to carry through with the promises made by them the first year. Alderman Traywick asked Jerry Mathis what he thinks about the automatic rotation system? Mr. Mathis stated he does not believe this to be in the best interest of the city or the firm. The motion was seconded by Alderman Hampton. Alderman Traywick stated that we are probably bound as a matter of integrity for three years, but we should probably establish a system that is more clearly defined. A rotation system would eliminate political interplay in an area where we need strict professionalism. The City Manager stated that the staff would support a rotation system, depending on the number of years the Council would want. Alderman Traywick felt a rotation system not shorter than three years would be acceptable. Alderman Adcock inquired why we would go out of town for these audits when we have qualified people in town? Gerald Carlson stated that we have had our present auditor for 16 years. They have not been willing to address the problem of an unqualified opinion. Neither local firm addressed this. Jerry Mathis stated that they do not have an EDP program. They have a computer of their own. ' They do not have a retrievable program. He feels a local firm's services would be more economical . Gerald Carlson stated that the proposals went out to firms which he felt were qualified to do the city audit. The best service which they can perform to the City is the process he and Mr. Fox went through. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, and Thomas Nays: Alderman Adcock v Item 15b Discussion was held on water rate design and cost of service study. City Manager Gerald Fox noted the contract entered into with Joe Nall and Associates for a water rate study. Alderman Smith stated that he feels the rates should be set at what the consultant has recommended. Practically all of these entities have agreed to change their contracts on a one-year basis. He recommended that we follow the formula right with the percentages which the consultant has recommended. Alderman Russell concurred. Joe Nall stated that he appreciates the assignment given him in the past ten months, and the formula proposed by them and endorsed by Aldermen Smith and Russell . They have attempted to provide the City and its customers with that degree of tangible evidence on which to base a decision. For the basis 480 Item 15b, cont'd. of the study they felt it was important to make their rate on the utility basis, as well as the cash basis. The formula is on the utility basis. There were four basic things they had to do: property value, cash or utility basis, revenues and expenses, and design of the rates themselves. Alderman Thomas stated that a 4.73 rate of return looks low. If we enter into this agreement, we are pretty well locked in for ten years. It would seem that this approach does not key in the extra cost of inflation or the costs we would incur when we have to go for a third lake. It seems that an equitable charge made to these customers would build up some kind of a reserve. Mr. Nall stated that he is taking 1979 costs and applying the 4.73 percentage. This formula will protect the City. Alderman Thomas stated that these figures work behind inflation, and they do ' not represent the facts as they are today. Alderman Traywick wonders if we can commit the citizens of Wichita Falls to this formula for ten years? The City Manager stated that when a new reservoir is constructed, it would be plugged into the system. f RESOLUTION NO. 2494 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND VARIOUS ENTITIES PURCHASING WATER FROM THE CITY, ESTABLISHING RATE SETTING PRINCIPLES POLICIES AND RESPONSIBILITIES AND THE INITIAL RATES AND PLANT ALLOCATIONS. WHEREAS, heretofore the City of Wichita Falls contracted with Joe M. Nall and Associates, Inc. to complete a water cost of service and rate design study for the City; and, WHEREAS, such study has been completed, and it is deemed advisable that a Memorandum of Agreement be executed by all parties involved, to implement the results of the study. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Memorandum of Agreement, a copy of which is attached hereto, between the City of Wichita Falls and certain entities which are purchasing water from the City, which would establish the rate setting principles policy and responsibilities as well as the initial rates and plant allocations, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2494 be passed, and that the rates be set as recommended by the consultant. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 15d Consideration was given to a policy statement on Lake Wichita-Holliday Creek flood control project. Alderman Smith stated that he feels there is enough concern by the citizens on what the City would do if the Corps of Engineers project is not approved, that the City might drop the ball on it, also. We are presently awaiting funding, and would anticipate getting it within a reasonable length of time. If funding is not committed, then the Council will take up the battle to proceed with the Holliday Creek project. Alderman Adcock noted that the policy statement sets forth what this board, and previous ones, have always felt. 481 Item 15d, cont'd. Alderman Smith stated that his main concern is that the Petitioners are asking us to stop everything else in the city and work on Holliday Creek. RESOLUTION NO. 2495 RESOLUTION ADOPTING POLICY AND POSITION STATEMENT ON LAKE WICHITA-- HOLLIDAY CREEK FLOOD CONTROL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen of the City of Wichita Falls does hereby adopt that certain policy and position statement on Lake Wichita--Holliday Creek Flood Control Project, a copy of which is attached hereto. Moved by Alderman Smith that Resolution No. 2495 be passed, adopting the policy statement in its amended form. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Adcock Nays: None Item 15e Johnny Watson, 3903 Lake Park Drive, introduced William Bell , an engineer from Carter and Burgess in Fort Worth. Mr. Bell stated that he is here to explain the roll they have played at the request of a citizens ' committee to alleviate the flooding along Holliday Creek. He stated that the Corps ' plan will provide a complete, total solution to a severe drainage problem. The Petitioners ' plan was of a scope to provide for initiating immediate action. If there is anything at all that is true and viable about the Petitioners ' plan is that it is one that would initiate immediate action to a serious problem of flooding along Holliday Creek, and an immediate solution to a hazardous condition of the old dam at Lake Wichita. There are some things in the Petitioners ' plan which they could not agree to, but the majority of their plan they agree with. They propose to initiate a clearing plan. The removal of obstructions would help. They did not agree with widening of Holliday Creek at the mouth of the Wichita River. They agree that the Petitioners ' plan will lead to a program that will be beneficial and contributary to a solution. It is a $10,000,000 step. Mr. Bell stated that he was not aware that the Corps had told the City that if they started the project, they would not participate. Mr. Bell hesitated to place a percentage on this plan, but did state that if the monies were expended on the most critical items such as removal of obstructions, these dollars expended might provide a higher percentage of the total cost than the final dollars expended. He stated that it would take more than 120 days to get started on the project. The first thing that needs to be done is a study. Some work could be performed which would be beneficial . The sooner it is done would lead to a savings of money. Mayor Hill noted that under the Corps ' plan, they would pay 80 percent, the City 15 percent, and the State 5 percent. Alderman Thomas also noted that we have to get a permit from the State of Texas, with or without federal money. Mr. Bell stated that improvements to the dam must go before the water resources board. Improvements to a channel are accepted through a city. Plans would have to be prepared by a consulting engineer, and approved by the state. Lowering of the spillway would make for a more efficient channel downstream. He stated that the elevation of the 100 year flood plan is the same for the Corps ' plan as the Petitioners ' plan around the lake. Ernest Lillard disagreed. Mr. Bell recommended that money be spent the way in which it will provide the most benefit. He stated that he would consider the time frame being proposed. Johnny Watson stated that he had been subjected to a flooding situation one time which was not due to Holliday Creek. It came because of a housing addition 482 Item 15e, cont'd. built South and East of his house without proper drainage being required. He read a letter from the City Manager telling some people if the Holliday Creek project is approved, many of the projects approved for Community Development Block Grant funds will have to be eliminated. He stated that all they want is Holliday Creek cleaned out. He stated that some consider this a threat, and one person even felt it was blackmail . Jimmy Horany appeared as attorney for the Petitioners. He stated there was a report from the Board of Rivers and Harbors in 1978 stating that local interests should take action to eliminate the hazard, and not wait for their report. The Committee' s resolution specifically states where funds are to come from, and not submit a tax bond to the citizens. The Committee feels this project is reasonable and workable, and will do the job. (Alderman Adcock left at 12:20 P.M. ) Irene Cheatham, a member of the Petitioners ' Committee, stated that she feels if we wait on the Corps of Engineers, it will not be done. Johnny Watson noted that a building at Holliday and Kell needs to be demolished. Diane Spiller appeared as Vice President of Wichita County Heritage Society in support of the City Council 's stand on Holliday Creek, and against the Petitioners' resolution. James R. Killibrew presented support from the North Texas Chapter of the Society of Professional Engineers for the Corps of Engineers plan of Holliday Creek, and opposing the Petitioners ' resolution. J. C. Boyd, Jr. , 2505 Fain, read a statement from the CONFIRM group, made up of ex-members of the Board of Aldermen. He stated that the Petitioners' plan is not documented, and would be a fiscal disaster for the City. He encouraged people to vote against the Petitioners ' proposal . If it prevails, the city tax rate will rise from 30 to 60 percent during the next three years, making a terrible burden on the taxpayers. Jerry Mathis, 520 Oil and Gas Building, stated that it seems that past and present aldermen have been accused of not listening to the citizens, when in fact they have spent many hours listening to them. He hopes the citizens of Wichita Falls will support them in this project. If it is not funded by the federal government, then let's do it locally. Angus Thompson, 608 Dee Drive, stated that he feels the people who presented the petition will feel it is a time of despair. People feel something should be done, whether it is by the Petitioners ' Committee or the Corps of Engineers. If the people know that something is going to be done, then there will be more confidence. The Board of Aldermen went into executive session at 12:55 P.M. to discuss personnel matters. They reconvened at 1 :20 P.M. Item 15c No official action was taken on personnel matters. The Board of Aldermen adjourned at 1 :21 P.M. PASSED AND APPROVED this 1,-.�k day of / 1980. Mayor ATTEST: CITY CLIERK EXHIBIT A FIELD NOTES ON A 0.159 ACRE TRACT OUT OF THE W.C.R.R. CO',IPAN7' SURVEY, A-720, CLAY COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING Et a point in the North right-of-way line of East Arrowhead Drive, said point bears South 89 degrees 43' East 2140.60 feet from the Northwest corner of the above mentioned Section 16, W.C.R.R. Company Survey to the place of beginning of this description; THENCE North 0 degrees 30' West 98.06 feet to a point for corner; THENCE North 89 degrees 30' East 75.00 feet to a point for corner; THENCE South 0 degrees 30' East 85.10 feet to a point in the North right-of-way line of the above mentioned East Arrowhead Drive for a point for corner; THENCE along said North right-of-way line along a 7.18 degree curve to the right, having a radius of 798.06 feet and a central angle of 5 degrees 28' a total distance of 76.14 feet to the place of beginning of this description and containing 0.159 acres more or less. FIELD NOTES ON A 1.61 ACRE TRACT OUT OF THE M. HALEY SURVEY, A-188, CLAY COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the centerline of a 20' Road, said point bears South 53 degrees 24' East 2032.77 feet from the Southwest corner of the A. Graham Survey, A-757, for the Northwest corner of this tract and place of beginning of this description; THENCE North 89 degrees 13' East 350.00 feet to a point for the Northeast corner of this tract; THENCE South 00 degrees 47' East 200.00 feet to a point for the Southeast corner of this tract; THENCE South 89 degrees 13' West 350.00 feet to a point for the Southwest corner of this tract; THENCE North 00 degrees 47' West 200.00 feet to the place of beginning and containing 1.61 acres, more or less. FIELD NOTES ON A 0.195 ACRE TRACT OUT OF THE BRAZOS COUNTY SCHOOL LANDS, SECTION 45, A-18, CLAY COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the South right-of-way line of West Arrowhead Drive, said point bears South 76 degrees 35' West 4903.72 feet from the Northeast corner of the above mentioned Section 45, Brazos County School Lands to the place of beginning of this description; THENCE South 34 degrees 50' West 143.50 feet to a point for corner; THENCE South 55 degrees 10' East 27.50 feet to a point for corner; THENCE South 34 degrees 50' West 75.00 feet to a point for corner; THENCE North 55 degrees 10' West 75.00 feet to a point for corner; THENCE North 34 degrees 50' East 75.00 feet to a point for corner; THENCE South 55 degrees 10' East 27.50 feet to a point for corner; THENCE North 34 degrees 50' East 143.50 feet to a point in the South right-of- way line of the above mentioned [lest Arrowhead Drive for a point for corner; THENCE along said right-of-way line South 55 degrees 10' East 20.00 feet to the place of beginning of this description and containing 0.195 acres, more or less. EXHIBIT A PAGE 2 THE STATE OF TEXAS COUNTY OF WICHITA X THIS AGREEMENT made and entered into this the lst day of April , 1980 , by and between the City of Wichita Falls , Texas hereinafter called "City" , and JOE COLLINS , hereinafter called "Professional. " WITNESSETH: For and in consideration of the mutual covenants hereinafter contained , the parties hereto do hereby agree as follows : 1. City does hereby employ JOE COLLINS as the golf professional at the Weeks Park Golf Course , and does hereby lease to him the golf pro shop , the grill and snack bar , and locker rooms located in the Weeks Park Golf Clubhouse , for a period of three years , commencing April 1 , 1980 , and thereafter on a month to month basis . 2 . The Professional shall be considered a regular City employee, and his salary shall be in the Open Range , at a salary of $400. 00 per month for the term of this contract. All other employees for the operation within the clubhouse , including sales and service personnel and janitorial help , will be paid by the professional and will not be employees of the City . 3 . The Professional shall be in charge of and responsible for the maintenance and operation of the Weeks Park Golf Course . He shall also be in charge of and responsible for the operation of the golf pro shop , the grill and snack bar , the locker rooms , and all walks , drives , and patios around the golf course clubhouse. He shall perform all duties and responsibilities as are required of him by the laws of the State of Texas and the ordinances of the City , and the directions of the City Manager and the Director of Parks and Recreation. 4. The Professional shall collect for the City all green fees for play on the Weeks Park Golf Course . All green fees collected will be kept in a cash register provided therefor , and no other money will be kept in such register. He shall keep an accurate account of all green fees collected , and shall deposit all green fees with the Parks and Recreation Department of the City on Monday and Friday of each week. All signed tickets will accompany the cash receipts . 5 . The Professional shall have the right to give or cause to be given golf lessons at his own expense , and all revenue received therefrom shall be the property of the Professional . 6 . The Professional shall have the right to sell golf mer- chandise in the pro shop . The Professional shall pay the City a sum equal to five percent (5%) of the gross sales of such merchandise. Daily cash register tapes will be turned in to the Parks and Recreation Department at the end of each month to determine the percentage due the City. Such payment for each month shall be due on or before the tenth (loth) of the following month. 7 . The Professional will be in charge of the rental of caddy (pull) carts and golf carts . The Professional may either own the carts or sublease the operation of carts, but he will be held responsible for the records, receipts and supervision of the use of carts on the course. Any sublease must be approved by the City , and any sublease may be terminated for cause at any time without liability. On the rental of caddy (pull) carts , City will receive twenty percent (20%) of each rental per eighteen (18) holes . On golf cart rentals , City will receive twenty percent (20%) of each cart rental for each eighteen (18) holes . Adequate daily records and register will be kept on each cart rental. 8 . Any private golf cart used on the course will conform to Parks Department requirements as to tire size and type , horsepower , gear ratio , speed and muffler. The use of private carts on the course will be charged at one-half the regular cart rate per eighteen holes of which the City will receive two-thirds (2/3) and the Professional one-third (1/3) . 9 . The Professional shall pay to the City a sum equal to ten percent (lb%) of the gross sales in the grill and snack bar , which includes all sales of food , drink, confection and other itmes within the realm of grill operation , including vending machine items . Daily cash register tapes will be turned in to the Parks and Recreation Department at the end of each month to determine the percentage due the City . Such payment for each month shall be due on or before the tenth (loth) day of the following month. The operation of the grill and snack bar may be sublet , but the Professional will be held responsible -2- for this operation , as to quality , volume, and general public service. Any sublease must be approved in writing by the City , and any sublease may be terminated for cause at any time without liability against either the Professional or the City. 10 . The Professional shall keep accurate and correct books on the operation of his business , and such books shall be open for in- spection by the City or any person designated by him. A bookkeeping system will be provided by the Accounting Department and shall be under their control , which procedures will be instituted by and through the Director of Parks and Recreation. 11 . The City will furnish janitorial supplies such as wax, mops , brooms , and cleanser , for use in the golf clubhouse. 12 . Golf club storage service shall be optional with the Professional. He may , at his own expense , conduct golf club storage in the storeroom provided. The City will receive no revenue from this operation. 13 . No monthly nor annual lockers will be provided. However , if a coin operated type is provided by the City for the convenience of the golfing public , these lockers would be of the type to hold clothes and valuables but not of sufficient size to hold a set of golf clubs. The City would receive all proceeds from this operation. 14 . It is agreed that the Professional will take good care of the personal property and real property hereby leased to him, and he will deliver the property back to the City at the expiration or other termination of this lease in the same condition as same was received , natural wear and tear excepted . 15. The Professional will make no alterations in the building hereby leased without the written consent of the City Manager or the Director of Parks and Recreation. 16. It is understood and agreed that the City Manager may at any time cancel this contract because of violations of laws , ordinances , or rules , regulations or directions concerning the operation of the golf course and clubhouse by the Professional , or for any other conduct which would constitute cause for the discharge of the Professional as a City employee ; in the event of such cancellation, the City shall have the right , without further notice or demand , to re-enter and take -3- possession of all the property herein leased and remove all persons therefrom without being liable for any claim for damages by reason of such cancellation and resumption possession. In the event said contract is so cancelled during the three year primary term thereof , the City shall guarantee the sale of , or at its option may purchase from the Professional , any usable equipment and merchandise that he might have in use in his operation under this contract (except for golf equipment) which he shows being fully paid for at the cost price of same , less depreciation. 17 . The Professional shall hold the City of Wichita Falls harm- less from any damages for injury to persons or property damage caused by or arising out of the Professional ' s operation of the golf course clubhouse. Professional further agrees to provide City with a Certificate of Insurance attesting to the ownership of a general liability insurance policy, with City named as an additional insured , protecting Professional and City from legal liability claims which might arise out of Professional ' s operation of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100 , 000 . 00) dollars per person and three hundred thousand ($300 , 000. 00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50 , 000 . 00) dollars per occurrence. Fire and theft coverage for property belonging to Professional shall be the sole responsbility of Professional. 18. It is understood and agreed that this contract is a personal contract , and that the same shall terminate upon the death of the Professional , or his inability to perform the duties required hereunder . In the event this occurs during the three year primary term hereof , the City shall purchase or guarantee the sale of any usable equipment or merchandise as set out in Paragraph 16 above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first written above. ATTEST : THE CITY OF WICHITA FALLS CITY CLERK CITY MANAGE APPROVED AS TO FORM: ,y s� PROFESSIONAL CITY'ATTO Y f �/ -4- MEMORANDUM OF AGREEMENT 1. Purpose: The purpose of this agreement is to settle current rate disputes, and to provide a basis for determining rates in the future. 2. Water System Policy: Wichita Falls operates a water system to provide safe and reliable water supply,, -adequate for the current water use and future growth of Wichita Falls and outside customers, and to avoid any substantial subsidization of any class of customers by any other class of customers. 3. Responsibilities: a. Wichita Falls is responsible for planning, financing, constructing and operating the water supply system to the extent permitted by available water revenues , for developing cost of service information to support rate changes, and for informing outside customers of changes and finan- cial data. b. Outside customers are responsible for keeping Wichita Falls informed concerning their projected water supply needs and operating require- ments, for planning and managing their system to promote water con- servation and efficient system operation, and for paying rates adequate to cover costs incurred in providing service to them. 4. *Rate Setting Principles (For Raw Water Only, Treated Water Only and Transmitted Treated Water to Outside Customer User Classes) a. Revenue requirements to be determined on utility basis at an agreed test year's Original Cost adjusted 30% toward Current Cost to cover its costs and as compensation for ownership. b. Wichita Falls to receive a Rate of Return on the agreed adjusted value I Rate Base equal to a composite of the utility's test year embedded cost of money weighed on the debt portion of capital invested in plant in service and the utility's latest cost of money weighed on the remaining equity portion of plant in service to cover its risks. C. All existing reservoirs and associated facilities to be included in common rate base. Outside customers as a class either raw water, treated water only and transmitted treated water will pay their portionate share of all costs based on current use. d. A flat rate (volume only) , with allocation of 100 o current use to encour- age conservation and thereby resulting in efficient utilization of the water system. e. The risk of financing all future raw water transmission lines and reser- voirs must be borne by the Wichita Falls Water Utility, and all costs will be allocated on current use basis. f. At the end of ten years, the City of Wichita Falls or the outside custo- mers who are a party to this agreement may request a review of the above rate setting principles; and if so, the principles shall be subject to re-negotiation. * 1979 Original Cost Rate Base as determined by Joe M. Nall and Associates, Inc. for the City of Wichita Falls shall be used in all rate determinations with no arbitrary changes in classification of property permitted without approval of all parties, and this Rate Base be changed only by routine ad- ditions and retirements as recorded in the Auditied Financial Report of the Wichita Falls Water Utility. Further, that no changes shall be permitted in current expense allocations as determined by the Joe M. Nall Study. Any deviation of this directive must be approved by all parties to the contract. The outside customers shall receive at the end of each fiscal year an annual report giving enough information so that the outside customer shall be aware of the, current Rate of Return and how it has been determined. The books of the Wichita Falls Water Utility shall be open at all times to representatives of the outside customer, and the Wichita Falls Water Utility personnel shall render such aid and assistance to the representatives of the outside cus- tomer to enable those representatives to audit all the various component parts making up the Rate of Return. City of Electra Dean Dale Water Supply Corporation By: By: Town of Pleasant Valley 4 Arrowhead Ranch Estates By: By: City of Wichita Falls By: _ i s { i -3- CITY OF WICHITA FALLS BOARD OF ALDERMEN POLICY AND POSITION STATEMENT ON LAKE WIC HITA-HOLLIDAY CREEK FLOOD CONTROL Control of flooding around Lake Wichita and along Holliday Creek as well as pro- viding a safe dam and spillway at Lake Wichita has been a top priority project for the' Wichita Falls Board of Aldermen. Evidence of this concern and top pri- ority status of this project has been the hundreds of hours spent by the Board of Aldermen and City Staff in reviewing a'fid discussing alternatives to correct this problem in a responsible manner. We have determined that the highest de- gree of protection from flooding upstream and along Lake Wichita and along Holliday Creek can be provided in the most reasonable, responsible and fiscal- ly sound manner through carrying-out of the flood control plan jointly prepared by the City of Wichita Falls and the U. S . Corps of Engineers. This plan calling for the rebuilding of Lake Wichita dam and spillway and the I channelization of Holliday Creek from Lake Wichita to its confluence with Wichita River was chosen as the best of many alternatives studied and reviewed at several public hearings in Wichita Falls. It provides the highest degree of pro- tection for the dollars proposed to be expended on the project. The plan has been endorsed unanimously by the Wichita Falls Board of Aldermen. The City Council of Lakeside City withdrew official opposition to the plan after the Board i of Aldermen, by Resolution 2027, pledged to use best effort to maintain the lake level at the new spillway elevation. The report and plan as prepared by the Tulsa District of the U. S. Corps of .Engineers was finalized by that office in late 1976. Since that time, the plan with few modifications has been approved by the Board of Harbors and Rivers of the U. S. Corps of Engineers; the Chief of Engineers of the U. S. Corps of Engineers; the Department of Army of the 'Department of Defense; the Committee on Rivers and Harbors of the U. S. House of Representatives; and the U. S. House of Representatives. Also the project has been endorsed by the Governor's Office of the State of Texas and several other state and federal agencies. The project now awaits U. S. Senate consider- ation for authorizing the project. Additional approvals before work can begin on the final detailed engineering and construction of the project include: approval by the President of the United States of the project authorization; initial fund- ing by the U. S. House of Representatives and U. S. Senate; and approval by the President of the United States of appropriations. We believe that reason- able progress has been made on authorizing and receiving joint funding approval for carrying-out this project. Because of the great importance and top priority given to this project by the Board of Aldermen , though, we do not believe that the City should delay an unreasonable period of time before beginning engineering and construction of I this project. Therefore , if the City of Wichita Falls-U. S. Corps of Engineers ` project for flood control at Lake Wichita and along Ilolliday Creek is not author- ized and initial appropriations provided within a reasonable period of time by the U. S. Congress and President (an actual date could be optional) the City will not be solely dependent upon seeking such Congressional approval and ap- propriations for the jointly funded project. In this event , the City would immediately employ consulting engineers to begin detailed design of the project and develop adequate cost estimates in order to submit to the Electorate a pro- posed Bond Election to finance this project completely with local funds. Further, the Board of Aldermen would continue efforts to seek other than local funds to support the engineering and construction of this project. In summary, the Board of Aldermen believes that the Lake Wichita-Holliday Creek Flood Control Project is of top priority to all citizens of this community. The Board further believes that it has proceeded in both a reasonable and fiscally responsible manner to correct this problem. Finally, the Board of Aldermen pledges to the citizens that it will proceed in an expeditious manner toward the ultimate completion of this important work. Mayor and Board of Aldermen I