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Min 09/24/1974 1013 Wichita Falls, Texas Memorial Auditorium Building September 24, 1974 Item 1 j 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: Max Kruger Mayor Harry Campsey Harrison E. Taylor X Lonny Morrison X Aldermen Joe N. Prothro J. C. Boyd, Jr. Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The meeting was called to order by Mayor Kruger. Item 2 Moved by Alderwoman McCullough that minutes of the meeting held September 3, 1974, be approved. Motion seconded by Alderman Campsey, and carried unanimously. Item 3 Helen Farabee appeared concerning the infant day care center for which she requested funds to begin operations sixteen months ago. She thanked the Council for providing the funds to build a staff to initiate this very successful program. The quality care which these children are receiving is making a substantial perma- nent addition to our community. The United Way and State Welfare Department assures that this program can be continued. Alderwoman McCullough thanked Mrs. Farabee for her very favorable report, and commended the program for having gone forward successfully. Item 4a f`f A proposed sanitation rate revision was presented. ORDINANCE NO. 2905 ORDINANCE AMENDING SECTION 17-19 OF. CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, INCREASING THE RATES FOR COLLECTION OF GARBAGE AND REFUSE, AND AMENDING SECTION 17-62, INCREASING LANDFILL USE FEES. Moved by Alderman Morrison that Ordinance No. 2905 be passed, with Section 3 being revised to make the ordinance effective November l instead of October 1, so that the City might notify the users of this new rate structure, especially based on distance from the curb. Motion seconded by Alderman Prothro. Russell Jack Ballard appeared and read a statement concerning a civil suit which he stated would be filed against the City regarding annexation and taxation of certain lands. The motion for passage of Ordinance No. 2905 was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays: None. 1014 r Item 4b 1. A proposed ordinance was presented accepting certain streets in the 1974 Assessment paving program. ORDINANCE NO. 2906 V ORDINANCE ACCEPTING IMPROVEMENTS OF SEVEN (7) UNITS OF T H E 1974 ASSESS- MENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS , AS DESIGNATED IN ORDINANCE NO. 2776 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 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 CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Prothro that Ordinance No. 2906 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. �✓ ' Item 4c A proposed ordinance was presented revising certain ambulance regulations. Dan Savage pointed out that certain equipment has been updated, etc. , and that these revisions are housekeeping in nature. ORDINANCE NO. 2907 ORDINANCE AMENDING SECTION 42 - 4 AND SECTION 42 -55 , AND REPEALING PARAGRAPH 3 OF SECTION 42 -7 AND SECTION 42 - 10 OF THE CODE OF ORDINANCES , WHICH SECTIONS REGULATE AMBULANCE EQUIPMENT AND OPERATION. Moved by Alderman Campsey that Ordinance No. 2907 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5a A proposed resolution was presented authorizing proposals to property owners t on Kell Freeway project. RESOLUTION NO. 1576 RESOLUTION APPROVING APPRAISAL OF PROPERTY ON KELL FREEWAY AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project in the 1967 Capital Improvements Program, and, WHEREAS, such property has been appraised by independent appraisers employed for this purpose by the Texas State Highway Department, and the amount of the state approved value, as determined from the appraisals, has been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and./or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and property to be purchased by Warranty Deed is as follows : Kell Freeway - Project 52-380 Warranty Deed 3,818 s.f. of Lots 2 & 3, Block 3, Grainger & Ballow Addition Combined total of values approved in this resolution --------------------$41,315 .00 1015 Item 5a, cont'd. SECTION NO. 2 The value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls, by Warranty Deed, such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is the State approved value as determined from appraisal made by the indepen- dent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 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 Texas State Highway Department or the City of Wichita Falls. SECTION NO. 4 The City Manager is authorized to execute for the City of Wichita Falls a deed to the State of Texas all of the interest acquired in those right-of-way tracts required for the construction of Kell Freeway. Moved by Alderman Boyd that Resolution No. 1576 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Alderman Morrison stated that in the future he would like to receive more information on partial takings regarding tax evaluation. Item 5b A proposed resolution was presented authorizing updated proposals to property / owners on Kell Freeway project. Ernest Lillard explained that some of these prop- erties include more land than was originally needed for railraod relocation; some additional land will be needed for Kell Freeway. RESOLUTION NO. 1577 RESOLUTION APPROVING UPDATED APPRAISALS OF PROPERTIES ON KELL FREEWAY AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, by the adoption of Resolution Nos. 1168 and 1514, the Board of Alder- men of the City of Wichita Falls has heretofore found that it is necessary to acquire the properties hereinafter described for construction of the Kell Freeway, Project 52-071, and approved the appraised values of such properties ; and, WHEREAS, the appraisal of such properties has now been updated by the indepen- dent appraiser employed by the Texas State Highway Department to reflect present market prices, and these updated appraisals have been approved by the Texas State Highway Department and have been studied by the Board of Aldermen, and copies of same are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The project and properties to be purchased by Warranty Deed or by Easement are as follows : Kell Freeway - Project 52-071 Warranty Deed Lot 7, Block H, Grainger & Ballow Addition 25.213 ac. of land out of Block 2, 3, 10 & 11, DCSL Sur. Lg. No. 1 795/116 1.400 ac. of land out of Block 2, 3, 10 & 11, DCSL Sur. Lg No. 1, Abs. 58 0.401 ac. of land out of Blk. 2, 3, 10 & 11, DCSL, Sur. Lg No. 1, Abs. 58 2.892 ac. of land out of B1k 2, 3, 10 & 11, DCSL Lg. No. 1, Wichita Co. Deed Records 1016 Item 5b, cont'd. EASEMENT 0.041 acre of land out of Block 2, 3, 10 & 11, DCSL, Sur. Lg. No. , Abs. 58 795/116 Combined total of values approved in this resolution ----------------$342,042.00 SECTION NO. 2 The updated values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department, or the City of'Wichita Falls, by Warranty Deed and by Easement tracts of land as shown on the project right-of-way map. The authorized prices to be paid for such tracts are the state approved values as determined from the up- dated appraisals (rather than the original appraisals approved by the resolutions set out above) made by the independent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase such tracts for such approved updated values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department or the City of Wichita Falls. Moved by Alderman Campsey that Resolution No. 1577 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. Item 5c Discussion was held on a proposed amendment to the water purchase contract with the City of Scotland. Alderman Morrison stated that he is slightly concerned about this amendment concerning Windthorst not being responsible to Wichita Falls j in any way. The City Attorney pointed out that our leverage with Windthorst lies in making sure that Scotland maintains the terms of the agreement. Alderman Morrison stated that he would like to monitor more closely the relationship between Scotland and Windthorst. He proposed that the phrase, "pursuant to a written con- tract, the form and content of which has been approved by the City of Wichita Falls" be inserted in the second amendment following the words "delivery point" in the third line of the fifth paragraph. y RESOLUTION NO. 1578 r RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE AGREEMENT BETWEEN CITY OF WICHITA FALLS AND CITY OF SCOTLAND, AUTHORIZING SALE OF WATER TO WINDTHORST. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: That certain Second Amendment of Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and the City of Scotland is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Morrison that Resolution No. 1578 be passed, with the stipula- tion mentioned in the second amendment of the contract. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None - - Item 5d A proposed resolution was presented awarding contracts for demolition of hazardous structures. A tie bid was received on one lot, and the successful bidder (Boyd Curtis) was chosen by the casting of lots, as prescribed by State Law. 1017 Item 5d, cont'd. RESOLUTION NO. 1579 RESOLUTION AWARDING CONTRACTS TO DENVER HAWKINS, C. E. DAVIS, AND BOYD CURTIS FOR DEMOLITION OF HAZARDOUS STRUCTURES AND THE CLEARING AND CLEANING OF LOTS. WHEREAS, the City of Wichita Falls has advertised for bids for the demolition of certain hazardous structures and the clearing the cleaning of lots at various locations in the City; and, WHEREAS, four bids were received; the bid of Denver Hawkins was low on 9 of 16 lots ; the bid of C. E. Davis was low on 4 of 16 lots; the bid of Boyd Curtis was low on 3 of 16 lots. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Said bids of Denver Hawkins in the amount of $1,690.00 for 9 of 16 lots, of C. E. Davis in the amount of $605.00 for 4 of 16 lots, and of Boyd Curtis in the amount of $1,070 .00 for 3 of 16 lots are hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls contracts with the above for the demolition of such hazardous buildings and the clearing and cleaning of such lots. Moved by Alderwoman McCullough that Resolution No. 1579 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays: None. r Item 5e A lengthy discussion was held on calling a hearing for annexation on three proposed tracts. Steve Ondrejas read from the minutes of the meeting of the Planning Board in which they recommended that Tract III not be annexed. The basis for this action was that sewer service could not be provided until 1977. The City Manager pointed out, however, that water and sewer services are not tax supported services. The fact that they are being annexed and subjected to a property tax would mean that they would be provided immediately with all tax supported services. Alderman Morrison stated that he had always felt that this board is kind of an appeal board, and he had always taken the position that the particular committee or board is correct, and whoever wants to change it then has the obligation to prove that it was wrong. If the City Manager or Planning Director want to appeal the decision of the Planning Board then they should be given the opportunity to do SO. If they do not, then it should not come to the Council. He feels the staff, and not the Council should decide whether the matter should be reviewed on its merits. The City Manager stated that yes, they would like to be heard on their recommendations , but that was the purpose of the public hearing. Alderman Prothro stated that he felt that the action of the Planning Board should be upheld. The City Manager pointed out that the Council might reach the same decision as the Planning Board, but that they have the responsibility of mak- ing the decisions, and it should be brought to them for hearing. Alderman Prothro believes that the staff should make their presentation to the Council prior to the public hearing on the reasons for not agreeing with the Planning Board. The City Manager stated that the hearing is the time to make these recommendations. Alder- man Campsey noted that Tract III has come up for consideration before. He feels the weight of the Planning Board should be taken into consideration, but that hear- ing it is one thing, and passing the resolution is another thing. In the course of this discussion various motions were made and withdrawn, but the motion that prevailed is as follows. RESOLUTION NO. 1580 A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS. 1018 Item 5e, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: A public hearing shall be held .in the City Council Chambers in Memorial Auditorium in Wichita Falls, Texas, at 10:00 o'clock A.M. on the 22nd day of October, 1974, at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings, annexing those tracts of land shown on the attached sketches marked Tract I, and Tract II. The City Clerk is directed to give pub- lic notice of such hearing by publishing a notice thereof one (1) time in a newspaper having general circulation in the city and in the territory proposed to be annexed, not more than twenty (20) days nor less than ten (10) days prior to the hearing. Moved by Alderman Boyd that Resolution No. 1580 be passed, deleting the words "and Tract III". Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Morrison, Prothro, Boyd, and McCullough Nays : Mayor Kruger, Aldermen Taylor, and Campsey. RESOLUTION NO. 1581 . f RESOLUTION TENTATIVELY CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS FOR TRACT III. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: A public hearing is tentatively schedules for October 22, 1974 in the City Council Chamber in Memorial Auditorium for consideration of the proposed annexa- tion of Tract III, as shown on the attached sketch. The City staff shall show to the Board of Aldermen their basis for inclusion of such Tract III in the 1974 annexation program, so that, at the October 8th Council Meeting, the Board of Aldermen can decide either to strike it from the program or proceed with the public hearing. Moved by Alderman Morrison that Resolution No. 1581 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and McCullough Nays : Mayor Kruger, Aldermen Taylor and Boyd. VItem 5f A proposed resolution was presented approving an amendment to the water pur- chase contract with Arrowhead Development, Inc. ` RESOLUTION NO. 1582 RESOLUTION APPROVING AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND ARROWHEAD PROPERTIES , INC. , NOW ARROWHEAD DEVELOPMENT, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Arrowhead Development, Inc. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. This resolution amends Resolution No. 1522, heretofore adopted by the Board of Aldermen on April 8, 1974, and authorizes the execution of this Amendment be- tween the City of Wichita Falls and Arrowhead Development, Inc. , which is the successor in interest of Arrowhead Properties , Inc. 1019 Item 5f, cont'd. Moved by Alderman Boyd that Resolution No. 1582 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays : None. ; Item 5g Discussion was held on execution of a new contract with Gold Cross for con- tinuance of ambulance service. Various council members asked questions of Bob Coburn, Vice-President of Gold Cross. Alderwoman McCullough was especially inter- ested in the proposed rate for emergency service since it is higher than other cities ' rates which were compared. Other cities also charge the same for emergency and transfer fees. Alderman Prothro inquired if we should not guarantee that Gold Cross not lose anything, but that we not permit them to make a profit on govern- mental subsidities. Alderman Morrison desired a more complete financial report con- cerning their operations. Moved by Alderman Morrison that this matter be tabled until October 8 in order to have some time to review their financial information. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Taylor, Morrison, Prothro, Boyd, and McCullough Nays : Alderman Campsey. Dr. Brock appeared requesting consideration of an outdoor-indoor swimming pool for the Southwest portion of the City. He stated that it would improve existing park programs. It would provide additional recreation facilities for all citizens of the City, including Sheppard Air Force Base personnel. It would pro- vide a place where water safety can be taught at many levels. It can be used for educational and competitive purposes in cooperation with the schools. Swimming and tennis are the only sports in which girls may letter. Schools could use this facility in the winter. The location should be central and accessible. Proposed locations are Barwise Junior High School, Hamilton Park, Rotary Park, and Kiwanis Park. It is hoped that the Council will select an architect and appoint a committee to work out the details with the school system. Mrs. Deaton stated that Dr. Williamson has written a letter to the City Manager, and that he is very much in favor of it. If the school has the land, they could consider its use for that purpose. She pointed out that revenue from swim i meets should be considered. /Item 5h A proposed resolution was presented commending Jerry Dunn. RESOLUTION NO. 1583 RESOLUTION COMMENDING JERRY R. DUNN FOR HIS SERVICES TO THE CITY. WHEREAS, Jerry R. Dunn has resigned his position as Assistant City Manager for the City of Wichita Falls, and has accepted a challenging position with the Gulf Coast Waste Disposal Authority; and, WHEREAS , Mr. Dunn ssrved the City of Wichita Falls from March 18th, 1968 until June 1st, 1969 as Director of Finance, from June 1st, 1969 until March 11, 1970 as Assistant City Manager, and from March 11, 1970 until September of 1974 as Assistant City Manager and Project Director of Municipal Information System; and, WHEREAS, in each of the positions which he has held with the City of Wichita Falls, Mr. Dunn served with competence and energy, and with dedication to the betterment of the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: 1020 Item 5h, cont'd. The appreciation of the City of Wichita Falls and its Board of Aldermen is hereby expressed to Jerry R. Dunn for his many services to the City, and best wishes are hereby extended to him for his future success-and happiness. Moved by Alderman Campsey that Resolution No. 1583 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays: None. Item 6a r� Bids were considered on twenty-five 8 cubic yard refuse containers for the Sanitation Department. It was recommended that the low bid be awarded to Cleburne Division, Dempster Bros. , Inc. , in the amount of $9,837.50. f Moved by Alderwoman McCullough that the bid be awarded as recommended. Motion seconded by Alderman Campsey, and carried unanimously. Item 6b Bids were considered on an asphalt paving machine for the Street Department. Moved by Alderman Campsey that the low bid be awarded to Sabine Machinery Company in the amount of $4,998.74. Motion seconded by Alderwoman McCullough, and carried unanimously. V Item 7 f V Moved by Alderman Boyd that minutes of the meetings of the following boards and commissions be received. a. Planning Board - September 11 , 1974 b. Traffic Commission - September 10, 1974 Motion seconded by Alderman Morrison, and carried unanimously. Alderman Morrison stated that he feels the Council should address the nature of the responsibilities of the Traffic Commission at the next meeting. (' ' � Item 8a The following additional appointments were made to the Bicentennial Commission. i Mrs. Tom Crane Mrs. Mildred Czingili Mrs. Latrice Dulaney Mr. Louis Esquibel Mr. Syd Gaines Mrs. Helen Grace Gould Mrs. George Kadane Dr. D. L. Ligon Mr. Virgil Yohe Robert Anderson and Linda Gabbert (Hirschi) William Cummings and Mary McMahon (Notre Dame) Terri Davis and James McKee (Rider) Carlton Moore and Charles Prothro (Wichita Falls) Moved by Alderman Morrison that the appointments be approved. Motion seconded by Alderwoman McCullough, and carried unanimously. 0u Item 8b �a The Board of Aldermen canvassed the returns of the election held September 10, 1974. i RESOLUTION NO. 1584 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS , TEXAS , ON SEPTEMBER loth, 1974 ON THE BICENTENNIAL MEMO- RIAL CENTER AND COLLECTIVE BARGAINING FOR FIREFIGHTERS. WHEREAS, at the regular meeting of the Board of Aldermen of the City of Wichita Falls on September 24, 1974, came on to be considered the returns of the municipal election held on September 10, 1974 on an ordinance appropriating $3,000,000 out of the -Revenue Sharing Trust Fund for the construction of a Bi- centennial Memorial Center, and on the adoption of the state law establishing collective bargaining for firefighters ; and, WHEREAS, after canvassing the returns of said election, it was found to be duly and legally h e ld in all respects, and that 12,809 voters voted in said election; and that 4,681 votes were cast for, and 8,104 votes were cast against, an ordinance appropriating $3,000,000 from the Revenue Sharing Trust Fund for the construction of a Bicentennial Memorial Center; and, 3,392 votes were cast for the Auditorium site, and 3,235 votes were cast for the Indiana-Ohio Street site and 1 write-in votes were cast; 4,713 votes were cast for, and 8,060 votes were cast against, the adoption of the state law applicable to firefighters, which establishes collective bargain- ing when a majority of the affected employees favor representation by an employees ' association. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Said election was in all respects legally held in accordance with the laws of the State of Texas and the charter and ordinances of the City of Wichita Falls, that the proposed ordinance appropriating $3,000,000 out of the Revenue Sharing Trust Fund for the construction of a Bicentennial Memorial Center failed to carry at said election, and that the adoption of the state law establishing collective bargaining for firefighters was rejected at said election. Moved by Alderman Campsey that Resolution No. 1584 be passed. Motion seconded by Alderman Prothro, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough Nays: None. s Item 8c I A proposed resolution was presented authorizing submission of an application for a grant to participate in urban observatory program. r RESOLUTION NO. 1585 RESOLUTION APPROVING APPLICATION FOR PARTICIPATION IN URBAN OBSERVATORY PROGRAM. WHEREAS, the Urban Observatory Program was designed to test the concept that cities and universities, working together, could apply university research, service and training resources to the development and improvement of public policy and administrative action; and, WHEREAS, ten (10) grants will be available from the Department of Housing and Urban Development, and it is deemed advantageous to the community for the City of Wichita Falls and Midwestern University to seek participation in the program under one of these grants; and, WHEREAS, under such a program, the cost would be $100,000 each year for three years beginning in November, 1974; $200,000 would be provided by the Department � 1. p Item 8c, cont'd. of Housing and Urban Development, and $100,000 would be provided by the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: An application for such grant with the Department of Housing and Urban Development. Moved by Alderman Taylor that Resolution No. 1585 be passed. Motion seconded by Alderman Campsey, and lost by the following vote: Ayes : Aldermen Campsey and Taylor Nays: Aldermen Morrison, Prothro, Boyd, and McCullough fi. Moved by Alderman Prothro that a public hearing be scheduled on October 3, 1974 at 8:30 o'clock A.M. in the Council Room of the Memorial Auditorium Building for the purpose of discussing expenditure of federal revenue sharing funds. Any- one desiring to appear may do so. Motion seconded by Alderman Boyd, and carried unanimously. Alderman Morrison requested that the utility rate questionnaire be ready for j consideration at the next meeting. Alderman Morrison stated that the Council should take action on the City Manager's compensation. Moved by Alderman Morrison that a deferred compensation retirement plan be authorized for City Manager Gerald Fox with the International City Management Association Retirement Corporation, as approved by the Internal Revenue Service, and that the Mayor be authorized to execute all the necessary documents to accom- plish this purpose. The amount of annual deferred compensation shall be $1,500. Also, the cash portion of the City Manager's compensation shall be increased by $1,000 annually, from $28,500 annually to $29,500 annually, for a total increase of $2,500 in his compensation package, beginning with the next fiscal year. Motion seconded by Alderman Boyd, and carried unanimously. Alderman Taylor inquired if there are other city officials which should be compensated additionally. The City Manager stated that all other employees are covered under the salary plan. The Council had an informal discussion pertaining to police and fire matters. Moved by Alderman Morrison that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 1 :50 P.M. PASSED AND APPROVED this ��J day ofP 1974. ATTEST: 1. Mayor r City Clerk AMENDMENT TO WATER PURCHASE CONTRACT This Agreement made and entered into this the 8th day of April, 1974 , by and between the City of Wichita Falls, Texas, hereinafter called "City" , and Arrowhead Development, Inc. , hereinafter called "Corporation" , WITNESSETH: WHEREAS, heretofore City and Arrowhead Properties , Inc. entered into a Contract dated March 5th, 1971, for the sale and purchase of water; and, WHEREAS, Arrowhead Properties , Inc. , has been wholly absorbed by Arrowhead Development, Inc. ; and, WHEREAS, the parties desire to amend such Contract. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : Section 1 .3 of said Contract dated March 5th, 1971 is hereby amended by adding the following sentences to the end of such section: "Corporation shall provide City with an auxiliary pump, the size to be determined by City, to be installed in the Lake Arrowhead Pumping Station. Such auxiliary pump shall become the property of City. " Section 1.8 of said Contract is hereby amended to read as follows: Section 1.8 : Under this Contract, City shall furnish to Corporation raw water in the maximum amount of 200 ,000 gallons per day. " Except insofar as said Contract dated March 5th, 1971 is amended herein, such Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by its duly authorized officers as of the day and year first set out above. CITY OF WICHITA FALLS, TEXAS by Gerald G. Fox, City Manager ATTEST: City Clerk ARROWHEAD DEVELOPMENT, INC. by President ATTEST: Secretary