Min 10/08/1973 835
Wichita Falls , Texas
Memorial Auditorium Building
( October 8, 1973
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 10:00 o'clock A.M. , with the following members present:
J. Winston Wallander Mayor
Harry Campsey
Harrison E. Taylor X
Lonny Morrison
Willard Still
J. C. Boyd, Jr.
Peggy McCullough
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Item 3
Moved by Alderman Boyd that minutes of the meetings held September 4, 10, 18,
and 21, 1973, be approved.
j Motion seconded by Alderman Campsey.
Alderman Boyd commented on Item 4f, Page 828, of the meeting held on September 18,
J regarding morale in the police and fire departments. He referred to the paragraph
following passage of Resolution No. 1465, stating that he would like this paragraph
called to the attention of the Civil Service Commission. The Mayor explained that
all information would be made available to them.
The motion was carried unanimously.
O Item 4a
The public hearing was opened on demolition of hazardous structures. No one
desired to be heard on any of the properties in question.
ORDINANCE NO. 2823
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH
SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF
THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Campsey that Ordinance No. 2823 be passed.
Motion seconded by Alderman Still, and carried by the following vote:
Ayes: Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None
Item 4b, 5a & b
rf The public hearing was opened on the budget for the 1973-74 fiscal year.
ORDINANCE NO. 2824
AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS
AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING
OCOTBER 1, 1973, AND ENDING SEPTEMBER 30, 1974, BOTH DATES INCLUSIVE, ADOPT-
ING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, AND DE-
CLARING AN EMERGENCY.
836
Item 4b, 5a & b cont 'd.
Moved by Alderman Boyd that the hearing be closed, and that Ordinance No.
2824 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
ORDINANCE NO. 2825
AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS ,
AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1973-
1974 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING
FOR THE ASSESSMENT OF ALL ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND
DECLARING AN EMERGENCY.
Moved by Alderman Still that Ordinance No. 2825 be passed.
Motion seconded by Alderman Campsey.
Alderman Morrison explained that for the reasons previously stated, he feels
the assessed valuation should be $1.84 instead of $1.82; however he strongly favors
it over leaving it the way it is now, and for that reason he will vote for it.
The motion was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
7
Item 5c
A proposed federal revenue sharing appropriation ordinance was presented.
r
ORDINANCE NO. 2826
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO
PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Taylor that Ordinance No. 2826 be passed, appropriating
federal revenue sharing funds in the amount of $797,250.
Motion seconded by Alderwoman McCullough.
This will supplement the budget funds for 1973-74. It was pointed out that
approximately one million dollars will be spent on street work already under
contract, and to be placed under contract.
The motion was carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 5d
A proposed ordinance was presented accepting streets under the 1972 Assess-
ment Paving program.
1
ORDINANCE NO. 2827
ORDINANCE ACCEPTING IMPROVEMENTS OF TEN (10) UNITS OF THE 1972 ASSESSMENT
PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN
ORDINANCE NO. 2690; DECLARING THE CONTRACT WITH SABRE ASPHALT COMPANY,
WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY
COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY
OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING
EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF
I
837
Item 5d cont 'd.
SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS
ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE
BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING
THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CI
AND PROVIDING AN EFFECTIVE DATE.
CITY;
Moved by Alderman Boyd that Ordinance No. 2827 be passed.
Motion seconded by Alderman Campsey, and carried by the followin
Ayes : Aldermen Campse g vote:
Y
Nays : None. � Taylor, Morrison, Still, Boyd, and McCullough
i
j Item 5e — — —
OunderACpropoServiceicance was presented authorizing an i nc assificat' increase in
the designation "Policewoman"c ion• Alderwoman McCullough Personnel
/ should be made under federal guidelines of ned whether
She believes those three positions should be included under
is her understanding EOC,
not an illegal classification that
hisatsthisegal. The CityPolice officers. It
she does not believe there should be an Manager stated that it th
Mrs. McCullough further stated that
Pointed out that state courts have shown that this is a legitimate
f Also, a settlement in federal court did not require them y designation of male and female.
It was
tion. Mrs. McCullough stated that it seems discriminatory otolhe . Ciiminate t Atto classifica-
tion.P. Hodge stated that we have a judicial decision which indicated
not discriminator r• City Attorney
y, and he advised against changing it. that they are
Moved by Alderwoman McCullough thatthe classification of
"policewoman" be
deleted, and include those three positions under
Police officers.
Alderman Morrison stated that he did not believe it would be disc
to a woman, but it might be discriminatory to a male.
might be more similarly suited to discriminatory
they had certain duties which might be differentfromn sex, and askeditheiCit if this position
Hodge stated that the Y Attorney if
Position
y search women prisoners and havemcertainice officers.
duties.
Alderwoman McCullough stated that since the Cityrneyjuvenile case duties.
they are certified police officers, there should be noAdifferenced, th stated that
tion. Mr. Hodge was of the opinion that all individuals involved
the lawsuit, in the classifica-
These three positions are filled b are iv
we have a lawsuit showing what these positions and duties consist of PPY with
y three particular individuals, and
that we might create some problems if we try
a staff report could be made to the Council within athe next nge it omonth.
and he feels
It was agreed that
Alderwoman McCullough withdrew her motion.
ORDINANCE NO. 2828
ORDINANCE AMENDING SECTION 24-21 OF THE CODE OF ORDINANC
THE NUMBER OF POSITIONS OF POLICE OFFICER BY THREE AND
ES, INCREASING
BY ONE. POLICE LIEUTENANTS
Moved by Alderwoman McCullough that Ordinance No. 2828
Motion seconded by Aldermanbe passed.
Campsey, and carried by the following vote:
Ayes: Aldermen Campsey, Taylor
Nays : None. , Morrison, Still, Boyd, and McCullo
ugh
" It— ems f - - - - - - - - -
A Proposed ordinance was presented changing
October 16, 1973 council meeting, g g the meeting time for the
ORDINANCE N0. 2829
ORDINANCE CHANGING THE TIME OF THE REGULAR MEETING OF THE BOARD
OF
ALDERMEN ON OCTOBER 16, 1973 FROM 10:00 O'CLOCK A.M. TO 2 :30 O'C
LOCK p,M,
838
Item 5f, cont'd.
se that Ordinance No. 2829 be passed.
Moved by Alderman Camp Y vote:
Motion seconded by Alderman Still ,
and carried by the following
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays: None.
i
Item 5 and abandoning an easement in
� resented closing
A proposed ordinance was subdivision.
Block 22, of the C. W. Foley
ORDINANCE N0. 2830
V /
AN ORDINANCE
CE CLOSING AND ABANDONING A 10 FOOAWIDE TEOFETHETJINBLOCK OOK 2
OF C. H. FOL ECT 40,DIVISION OF A 50 ACRE
SURVEY , AB passed.
Moved by Alderman Campsey that or
No. 2830 be
Motion seconded by Alderman Boyd, and carried by the following vote:
Still, Boyd, and McCullough
Ayes: Aldermen Campsey, Taylor , Morrison,
Nays : None.
i
Item m 6a Commission
resented accepting Texas Highway
A proposed resolution was p from North Beverly
i Minute Order No. 68080 on Maurine Street extension project
Drive to the new Loop 11. 1467
RESOLUTION N0.
RESOLUTIO
N APPROVING TEXAS HIGHWAY COMMISSION MINUTE ORDER NO. 68080. xAs
LVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , T
BE IT RESO
THAT: the Texas Highway Commission
passed by art thereof,
The provisions of Minute order which is•attached hereto, and made a p Drive,
on October 3, 1973) a copy
0.2 miles , are acceptable to the City
for assistance in the extension if Maurine Street from North Beverly cooperate
providing roxed to y of Wichita Falls co p
West to Loop 11 , a distance of app stipulated in said
of Wichita Falls. It is hereby ordered that the City
Texas Highway Department and tuloflthetCityligation so
with thethe responsibility Minute Order as being
BE IT FURTHER RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS ,
TEXAS , HAT* Department to include the
hwa Dep Manager
The City
of Wichita Falls desires the State Highway and the City
City's portion of the work in the Seby a construction tercon into
be mutually
Wichita Falls is hereby authorized
and eits ncost asxmayed sum agree-
of the City of Highway Department for such
ment with the State Hig Y
agreed upon. passed.
Moved by Alderman Campsey that Resolution No. 1467 be
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Alderm
en Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Items b a lease at Lake Arrowhead to
' - A proposed resolution was presented approving
the Camp Fire Girls.
l
%•t
839
j Item 6b, contd.
r
RESOLUTION NO. 1468
RESOLUTION AUTHORIZING LEASE AT LAKE ARROWHEAD TO NORTH CENTRAL TEXAS
i AREA COUNCIL CAMP FIRE GIRLS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
The City Manager is hereby authorized to execute a lease to the North Central
Texas Area Council Camp Fire Girls on Delaware Trail Park and Lot 12, Block F, east
side, at Lake Arrowhead for a rental of $120.00 per year. Such lease agreement
shall follow the standard Lake Arrowhead lease agreement, with certain modifica-
tions ; all improvements to the property will be at the expense of the North Central
Texas Area Council Camp Fire Girls, and will require permits and approval of the
city Parks and Recreation Department; the North Central Texas Area Council Camp
Fire Girls will be responsible for the payment of assessments for roadway and future
water distribution lines in the same manner as are all other lessees.
Moved by Alderman Campsey that Resolution No. 1468 be passed.
Motion seconded by Alderman Morrison, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
i Item 6c
A proposed resolution was presented approving a lease at Lake Arrowhead to
the Sertoma Club.
fly RESOLUTION NO. 1469
RESOLUTION AUTHORIZING LEASE AT LAKE ARROWHEAD TO SERTOMA CLUB.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
The City Manager is hereby authorized to execute a lease to the Sertoma
Club on West Arrowhead Lane Park at Lake Arrowhead for a rental of sixty dollars
per year. Such lease agreement shall follow the standard Lake Arrowhead lease
agreement, with certain modifications; all improvements to the property will be
at the expense of the Sertoma Club, and will require permits and approval of the
city Parks and Recreation Department; the Sertoma Club shall be responsible
for the payment of assessments for roadway and future water distribution lines in
the same manner as are all other lessees.
Moved by Alderwoman McCullough that Resolution No. 1469 be passed.
Motion seconded by Alderman Morrison, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
U ' Item 6d
A proposed resolution was presented approving a lease at Lake Arrowhead to
Texas National Guard.
RESOLUTION NO. 1470
RESOLUTION AUTHORIZING LEASE AT LAKE ARROWHEAD TO TEXAS ARMY NATIONAL
GUARD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
The City Manager is hereby authorized to execute a lease to the Texas Army
840
Item 6d, contd.
National Guard on Apache Park and Lot 8, Block C, west side, at Lake Arrowhead for
a rental of $120.00 per year.
Such lease agreement shall follow the standard Lake Arrowhead lease agreement,
with certain modifications ; all improvements to the property will be at the expense
of the Texas Army National Guard, and will require permits and approval of the
city Parks and Recreation Department; the Texas Army National Guard shall be re-
sponsible for the payment of assessments for roadway and future water distribution
lines in the same manner as are all other lessees.
Moved by Alderman Taylor that Resolution No. 1470 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 6e
A proposed resolution was presented approving a lease agreement between the
City of Wichita Falls and Water District No. 2 concerning Lake Kemp.
The City Manager explained the past agreements with the water district for
support and operation of these facilities. The beginning figure agreed upon in
this contract is $90,000. The Water District's budget has escalated more than two
percent the past five years. This figure is based on a 32 percent increase.
RESOLUTION NO. 1471
RESOLUTION APPROVING CONTRACT BETWEEN CITY OF WICHITA FALLS AND WICHITA
COUNTY WATER IMPROVEMENT DISTRICT NO. 2 CONCERNING OPERATION OF LAKE KEMP
AND OTHER JOINTLY OWNED FACILITIES USED IN CONNECTION THEREWITH.
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 Wichita County Water Improvement District No. 2 providing for
the operation of Lake Kemp, Diversion Reservoir, the main canals, laterals and
other facilities used in connection therewith, is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Still that Resolution No. 1471 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes: Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays: None.
Item 6f
A proposed resolution was resented approving pproving a supplemental agreement to the
contract for reconstruction of Lake Kemp. This contract establishes how the money
will be paid to the federal government, and what items will be included in the
operation and maintenance.
RESOLUTION NO. 1472
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. P00003 WITH THE UNITED
STATES CONCERNING RECONSTRUCTION OF LAKE KEMP.
WHEREAS, the City of Wichita Falls, Wichita County Water Improvement District
No. 2 and the United States entered into Contract DACW56-67-C-0252 concerning the
reconstruction of the dam and spillway at Lake Kemp; and, '°
WHEREAS, the parties desire to clarify the expenditure and reimbursement of
City of Wichita Falls and Wichita County Water Improvement District No. 2 funds
in the operation and maintenance of Lake Kemp by the United States.
841
Item 6f, cont 'd
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Supplemental Agreement No. P00003, a copy of which is attached hereto, between
the City of Wichita Falls, Wichita County Water Improvement District No. 2 and the
United States is hereby approved, and the City Manager is authorized to execute
the same for the City of Wichita Falls.
Moved by Alderman Campsey that Resolution No. 1472 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 7 - - - - - - - - -
It was recommended by Lloyd Rigby, Director of Parks and Recreation, that bids
be awarded as follows for Playground
yground equipment and picnic tables for Lucy Park
and Lions Club Park.
a. Slides - Game Time - $232.51
b. Tables - Sturdi-Steel - $41.70
C. Swings - Miracle Equipment - $195.00
d. Merry-go Round - Miracle Equipment - $319.00
e. Climbers - Lake Road Welding - $74.75
Moved by Alderman Boyd that the bids be awarded as specified.
Motion seconded by Alderwoman McCullough, and carried unanimously.
� Item 8 — — — — — — — l —
f Permission was requested to advertise for bids on an annual supply of ready-
mix concrete and bulk cement for all City departments.
j' Moved by Alderman Still that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Morrison, and carried unanimously.
Item 9a & b
Moved by Alderman Morrison that minutes of the meetings of the Park Board held
September 25, 1973, and the Plumbing Advisory Board held October 3, 1973, be
received.
Motion seconded by Alderman Campsey, and carried unanimously.
Ite_ m 10a
i
` Mayor Wallander made the following appointments and reappointments to the
Human Relations Commission,
a. For terms to expire December 31, 1975
Harold White (replaces J. W. Jackson)
Col. Norman Carroll
John Dibble
Mrs. Paul Irwin
Dr. J. B. Hathorn, Jr.
b. For terms to expire December 31, 1974
Pete Martinez (vacant)
Jim Minton (vacant)
842
Item 10a, cont'd.
c. For terms to expire December 31, 1973
Mrs. Merle Anthony (replaces Max Kruger)
Dr. M. E. Harrell (vacant)
Ned Hollandsworth was appointed as Chairman.
Moved by Alderwoman McCullough that the appointments be confirmed.
Motion seconded by Alderman Boyd, and carried unanimously.
,v item
r l Commission
Mayor Wallander made the following appointments to the Bicentennia
for indefinite terms .
a. Mrs. H. L. (Molly) Gray (replaces Ed York)
b. Mr. John Hampton, Jr. (replaces Bob Perry)
c. Mr. Ron Gleason (replaces Mrs. Polly Jones)
Moved by Alderman Boyd that the appointments be confirmed.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 10c
aring on hazardous structures be held
Moved by Alderman Still that a public he
j
on November 6
1973, at 10:00 o'clock A.M. , in the Council Room.
,
Motion seconded by Alderman Campsey, and carried unanimously.
point which Mrs. McCullough brought up regarding
- Margaret G<�udry spoke to the p mightjust as
feels
qualified as the men.discriminatory cla The way thee there
ordinance is now interpreted wbyethe attorney,
Y
it will limit any other woman from applying.
' The City Manager stated that he wanted to make it clear that the comments
he and Mr. Hodge made would not make it impossible for a woman to fill the position.
The Board of Aldermen adjourned at 11:10/A.M. ,o
1973.
PASSED AND APPROVED this �1/day of
Mayor
ATTEST:
City Clerk
"Issas m4biway D*partan—t
Form -.-
r
WICHITA _ County
District No._- 3 ---
MINUTE ODER Page 2_of — 2 Paw
R
3. Provide for the adjustment of utilities , the construction of
curb and gutter where none now exist, storm sewers , driveways ,.
and sidewalks, all as may be required, and agree to make such
installations in accordance with governing policies and regu-
lations of the Highway Department.
4. Adopt and enforce such ordinances and regulations as may be
necessary for proper operation of the installation.
5. Maintain all of" the work constructed as a part of the project
and agree to regulate traffic, prohibit all parking and prevent
encroachment on the right of way.
The Texas highway Department will provide for construction of the pavement
and its support, at art estimated cost of $49,500.
Upon acceptance of the provisions of this Order by the appropriate officials
of the City of Wichita Falls , IT IS ORDERED that Maurine Street extending
from U. S. Highway 277, 281 and 287 West to Loop 11, a distance of approximately
1.0 mile, be and is hereby designated as a TOPICS STREET and the State Highway
Engineer is directed to enter into agreement with the City of Wichita Falls
covering the details of the proposed i:ur)rovements, to proceed with the engineer-
in,r ric-ve I(rmnePt of tf n nrn prf ?-,rI ,fine tho rI t-y 1-.,, c,.1 F; 1 " A ' «C --
bilities , proceed with construction in the most feasible and economical manner,
financing the cost in the Texas Highway Department TOPICS -Program.
It is understood ghat the. City may discharge its construction obligations as
outlined herein in any manner as they may elect. In the event the City desires
the State to include their portion of the work in the State's construction con-
tract, the State Highway Engineer is hereby authorized to enter into agreement
with the City for such w-)rk and its cost as may be agreed upon.
This Order shall become operative upon: acceptance by the City of Wichita Falls
and if not accepted within 90 days of the date hereof, the action herein con-
tained shall be automatically cancelled.
Submitted by: Examined and recommended by.
(Tit in) rograin Engineer Assistant State Hlgbway Engineer
Approved
State I1 gLway Ln,,lneer
A pprovud:
Conunftrsfoncr Miuute Numb(r
__.... __ . ConamIFHiouer Date Fassed Oct. 3, 1973
Twat High—ay Depart—ot '
Form 330-A
MINUTE ORDER
' Wl(;HITA County Pate 1 of 2 PaEas
District No.
{WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has requested assistance
j in the extension of Maurine Street from North Beverly Drive West to Loop 11, a
distance of approximately 0.2 mile; and
WHEREAS, it has been determined that such work is eligible for participation
in the Texas Highway Department TOPICS Program; and
WHEREAS, it is the desire of the Texas Highway Department to assist the City
of Wichita Falls in such improvements;
NOW, THEREFORE, the State Highway Engineer is directed to tender the following
proposal to the City of Wichita Falls for the development of such a project:
Provided the City will:
1. Prepare construction plans and specifications for the proposed
i
improvements.
2. Furnish all right of way clear of obstructions and free of cost
to the State with acquisition procedures to be in accordance
with applicable Federal and State laws governing the acquisition
policies for acquiring real property.
Contract No. i'ACW56-67-C-0252
Supplemental Agreement No. P00003
SUPPLEMEN'1AL AGREF'iFNT
TIES SCIPPLD-�FNTIJ, t,GRFH111E`T, entered into thi;' - day of
1973 by and between the UNITED STATE-D OF AMERICA, represented by the
c:r1tr�,r_t rl�: officer executing this agreement, and the CITY OF WICF�TTA FALLS$
11'XA , a i 0dy ncli.tic and corporate e.cistirtg under the laws 'of" the State
of fr?:as . and "UICHI'''A COUNT`: 1'1ATF.R I°TROVEItENT DI;TRiCT NO. 2, a bodv
1,01it:;.i .ii.i f.crporate e.:i.si:ing .under the loos of the State_ of Texas. With
T.- 1:� PJ Off-!Lce and Dlace of business in 'the City of W chi.ta Falls,
State of ,JYT'.r_T-SSF,TH T IAT:
5 '-`c:otzf ber 1967, the parties hereto enter'ed into Contract
.;o• i'•6t�'?56--67-C-02` i(,r the Recer.s t:ruc"ion of La:ce Kemp on the i•iichi to
h• !Y'.or C+oun�:y, Texas ., and
'?T t &nd noW desire to change. t}le riayPlent
a = '
:> P.}1aYC' Of actual ppr_'?'at].OI1, 7231nCC'_I1c.nCP_, and
rei•J ^,_:; .;i C.nsts ttrl,i t}1P GC:`VCr11,mr L: and Ch•.-ners `urther wire to cc:ar-e
_o it ri. iC r02' re:l i:;li •iii ' l:}'r: 0;:1)E' •�i.�ior, an`
arlr+121i51;r -OP. e:,:1)f2,lSE' 'lV ?^7.LV121� a fixen perceitL to oirect ohecarion F1r1C1
:-;'sC. f'e 'prroJaJ of f fie contracting oFfis^_7
t"UI" E+.i2i CU'Si fill_ j:.rti ii;C' i(�r Lot`f-v"Lno ov-ner w an fiscal year funds are
i:JC ti .)^.)L:flit. nr. C pet 2;t' r)i1 and maintenance e::pense; and
iilL:kt ,. ti„,a G) el:nm n; c,.nd t}1 (`T;ner il-v! T, p de_,ire t'. c a r sair'
1'a e agreed '-La +C11 C}langt2 upon- the
bercii2.if'tc-1 sP.t: ouL:
T';;;_?Gi?F� t.-I'i.' L7TJr.:.CP:P,E1tt Ft.i1C the 1 i -1 o��)ne: s tnt,i ua_>y �gr.ee t:};aL' :i:.;iC
cont).act st".�a.J. he n t}t(-- foilo�:i�1� Partin-u�.axs:
, a?)C'r1; �; C,(i t1<C it al) es tU t h i
cor-t;r<. 't CCttIF1CIE`i". . 7 +t .: . I CU oi` ,.0 ?E'I'
I non; a Ini, _.st-rativc
o l!hk�ol t Gu(:h (,s })J ll.l lTy; CC+StS, TC:'._)I fl !-,cq)jnp, supplies. cost Ct1
proccr(:'r;:_Ii+_, :Jn f ntliCcr c(�st of ,rIm7.71 'aCio11 .
4, h,l:ll. Cl. 2li:;etC`. t}T14 T,areF,rapll !I' 7_t5 entirety and-1, E'lltlre�
C}• -!w Govern1112nt shall, sU},ject to the t.,' of rL'Ilds, had'
l:;i llt•'p+?� r,( }'iC•Cj C,1])-V DLlt nn more' of tC11 Lh il, 1101:t})"' llocxqted
g7 L0 ;-IC:()d `._Jntco 31 ,6 [.,:,rCenl of actual_ UPer:tlon, ?11111tP:it;i1'.Ce, aTi,l
rc)st:; inrlirred by I1,.,t1CrS Ciui i-ng .L}-:o me v:tM+"; month AIld�Or
}l'' l) > PC'?:i0J, ll})r111 C.UI ?ICi1Ce'iP.+'lit o ". Brat"for) O r`� r�•cr�n .t.acted project.
A - r
Paym,�nt will be made upon receipt of invoicer,, •in Quadruplicate, supported.
by such evi.ence of actual costs incurred by the Miners as may be renuired
by the contracting cfficer. If 'it becomes apparent that the frequency of
billings creates en administrative burden, the billing cycle may be changed
by mutual agreement.
(1) Supervisicr and administrative expense shall be recovered by
p auIyinc; a 5`/: burcr.e on the Government's share of all direct operation and
T.l,%ir:ten•3nee char;es. This percentage can be Chan^_ed by mutual agreer..ent
aft:.r operat-ion and maintenance has generated enough experienced cost to
substantiate such a change.
(2) 'IThr- following shall require the advance irritten approval of the
101:t•cnctir.g officer:
(a) Salary increases for operation and maintenance personnel, which
shall. be consistent with the owner's usual practit:es.
(b) Purchase of equipment (costing in excess of $100) .
> (c) 'Major maintenance or construction of new structures and/or
facilities .
1,�.1 '!'hn (l�.rrtoT• ��;i._l.� ha P vi—,d in wr-itin, e:=,`1 Fear, t.r}1ct1 C".r+•o�,t
�:i ar.;il year funds are available for payment of operation and maintenance
FX7'�E.nSe. •
Except as herein changed, the terms any conditions of Contract No.
RAC;d56-67-C-0252 shall remain in ful.l force and effect.
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TIIE UNIT}=D STATES 0]' AYFRICA
I I
G. DRISKILL -
:cl�nel, CE
Pil s t rict- Engineer
Contracting Office;-
CITY OF FALLS , TEXAS
Attest:
1dICt?I7'.'',. COUNTY WATER II-PROVEi•WNT
/�rtFst: DI TRIM" 1�0. 2
2
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THE STATE OF TEXAS )
COUNTY OF WICHITA )
THIS AGREEMENT, made and entered into by and between the City of Wichita
Falls, Texas, hereinafter called "City", and Wichita County Water Improvement District
No. 2, hereinafter called "District", both being municipal and political corporations and
subdivisions of the State of Texas, each acting herein by and through their respective
officers hereunto duly authorized.
W I T N E S S E T H
WHEREAS, the City and the District are the joint owners of Lake Kemp, the
Diversion Reservoir, main canals, laterals, and other facilities used in connection
therewith, and make and enter into this agreement for the maintenance and operation
thereof for the mutual benefits to be derived therefrom by each of these contracting
parties, and for the consideration hereinafter set out, the covenants and agreements
to be paid, kept and performed, it is agreed as follows:
(1) Notwithstanding anything herein contained, it is agreed that no construc-
tion or interpretation of any of the terms of this agreement shall be construed to alter,
change or modify the ownership of the jointly owned facilities including the ownership
of or rights to the use of the waters in Lake Kemp and the Diversion Reservoirs, but
that such ownership shall remain the same as set out in a certain agreement made and
entered into by and between Wichita County Water Improvement District No. 1 and
Wichita County Water Improvement District No. 2 dated April 4, 1923. As established
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by that agreement, City owns an undivided 66. 11% interest in said facilities, and District
owns 33.89% interest.
(2) As provided in the said contract dated April 4, 1923, District shall have
the full use of sufficient water for the irrigation of lands in said District. City shall have
full use of sufficient water required by it for municipal purposes. City shall have and re-
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tain the right to the prior use of the water of said entire system to the extent of a supply
of water sufficient for the uses of the City, not to exceed a reserve supply of 50, 000 acre
feet of stored water, so that if at any time the supply of water available to said system
in the reservoirs should be used to the extent that only that amount of water is available
CO e.
I.
or in storage, then same shall be reserved for the uses of said City. If the storage
reservoir is at any time emptied then all waters in the Diversion Reservoir shall be
reserved for the use of the City.
(3) Except as set out in the two paragraphs immediately preceding, this
agreement is made and entered into in lieu of and instead of any and all contracts and
agreements which may have heretofore been made and entered into by t3'the City and the
District or the District and Wichita County Water Improvement District No. 1.
(4) As a part of the consideration for this contract, the District shall have
full and complete control of all the operations of said jointly owned facilities, to the
complete exclusion of the City, except as provided herein. It is understood and agreed
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that District shall, when requested by City, release so much water as is required by
City for its purposes.
(5) The term of this agreement shall be a period of five years from
October 1st, 1973.
6 Further, as a art of the consideration
( ) � p for this agreement, the City
shall pay to the District monthly beginning in October of each year that portion of
$90,000 that equals one-twelfth (1-12th) of the same escalated to three and one-half
percent (3-1/2%) per annum during the term of this agreement as follows:
First Year (1973-1974) - $ 90, 000
Second Year (1974-1975) - 93, 150
Third Year (1975-1976) - 96,410
r Fourth Year (1976-1977) - 99, 785
Fifth Year (1977-1978) - 103, 278
Such monthly payments shall be paid over a period of sixty (60) months by the City to
the District. The first monthly installment shall be paid on or before October 15, 1973;
thereafter, a monthly installment shall be paid on or before the 15th days.-of each month
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thereafter during such calendar year under the terms of this agreement.
(7) In addition to all other consideration herein agreed upon, the City g p and
District with the U. S. Corps of Engineers shall annually agree to and implement a
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maintenance and operation plan and proposed budget for Lake Kemp separately from
operation and maintenance activities and division of costs as covered by this agree-
ment. It is mutually agreed and understood that costs to implement the Lake Kemp
operation and maintenance plan shall be borne as follows: U. S. Corps of Engineers -
51.6% of total cost; District - 66.11% of the remaining local share of 48.4%; City -
33. 89% of the remaining local share of 48.4%. The District shall invoice, with back-up
material, the City and Corps of Engineers monthly for the Lake Kemp operation and
maintenance costs.
(8) Any expense of unforeseen and emergency repairs to Lake Kemp, the
Diversion Reservoir and the main canals occasioned by an act or acts of God, as that
term is usually defined, in addition to all other consideration herein agreed upon, shall
be borne by both parties in proportion to their joint ownership therein; that is, City
shall bear 66. 11%n, and District shall bear 33.89%. Before such
repairs provided for
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in this paragraph are made, they shall be approved by both City and District.
(9) The proceeds of the sale of water shall be collected by the District
and shared equally by the City and the District, accounting, and distribution
thereof to
be made quarterly, providing that any water sales contracts shall be mutually agreed
upon by the District and the City before the same shall be binding.
(10) The District shall, during the terms of this agreement, keep its ac-
counting records to conform to the fiscal year of the City and such records shall be
opened for inspection by the City at all times. Such records shall continue the chart
of accounts as now used. There shall be made annually an outside audit by an auditor
acceptable to both City and District, and a copy of such audit shall be submitted to City
within ninety days after the close of District's fiscal year.
(11) If either party hereto shall become dissatisfied with the terms of their
agreement, excluding that part of this agreement contained in paragraph"one (1) hereof,
then in such event, such dissatisfied party shall, only during the fifth year of the term
of this agreement and on or prior to six months preceding the termination date, notify
the other party in writing setting forth specifically its grounds therefore, immediately
following which the parties shall attempt to renegotiate this contract by mutual agree-
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for
ment. If on or prior to four months of the expiration of the five-year term the parties
are unable to agree upon a renegotiation, or have failed or neglected to agree upon a
® renegotiation, the matter or point of disagreement shall be submitted to a Board of
Arbitration in the manner provided by law, such Board consisting of the City Manager
of the City, the General Manager of the District and a third disinterested and unbiased
person selected by a majority of the District Judges of Wichita County, Texas; the
decision or renegotiation of this contract by such Board to be final and binding on the
parties hereto unless the substantive legal rights of either party are violated.
(12) The City and the District jointly owning the facilities, anticipating
their continued ownership perpetually in themselves, their successors or assigns,
recognize their ownership responsibility one to the other, and by this and the immedi-
ately preceding paragraph it is meant that this ownership responsibility shall not cease
or fail but that during such joint ownership of such facilities there shall exist an oper-
ation agreement between the parties hereto reached by mutual agreement or arbitration
as the case may be.
(13) If neither party becomes dissatisfied with this agreement prior to the
expiration of the term as above provided, this contract is automatically extended or
renewed for an additional five years with the fixed annual for the payment first year of
such term in the sum of $103, 278 escalated in the amount of no more than three percent
(3%) per annum.
WITNESS the undersigned this gn day of 1973.
THE CITY OF WICHITA FALLS, TEXAS
i"
City Manager
ATTEST:
x
City Clerk
WICHITA COUNTY WATER IMPROVEMENT
DISTRICT NO. 2
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By
President, Board of Directors
ATTEST:
Secretary, Board of Directors