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Min 08/03/1971 426 Wichita Falls, Texas Memorial Auditorium Building August 3, 1971 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. Kenneth Hill Mayor Harry Campsey Larry Lambert X Dick Darner X Aldermen J. C. Boyd, Jr. Bill Drake X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison Taylor Absent The invocation was given by Alderman Boyd. Item 3 Moved by Alderman Lambert that minutes of the meetings held June 22, and July 6, 1971, be approved. Motion seconded by Alderman Drake, and carried unanimously. Dr. Soell, the Mayor of Iowa Park, was welcomed. Item 4 i City Manager Gerald Fox explained that the present sewage disposal system at the airport has proven ineffective and unsatisfactory with the Texas Water Quality Board. Various methods have been tried to improve it, but all have failed. Per- mission has now been obtained from the Air Force to tie on to the Sheppard Air Force Base main. The estimated connection cost of $15,000 will be borne by the City. An appropriation is requested in this amount to accomplish this construction by around October 1. A temporary plan has been worked out until construction is completed. ORDINANCE NO. 2662 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBER 21-219-5322, AND DECLARING AN EMERGENCY. Moved by Alderman Drake that Ordinance No. 2662 be passed. Motion seconded by Alderman Lambert, and carried by the following vote : Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays : None Item 5 The Council previously had authorized that one regular meeting of the Board of Aldermen be held outside the Council Chamber. A proposed ordinance was pre- sented setting the time and place of the council meeting outside city hall. r 427 Item 5, Cont'd. ORDINANCE NO. 2663 AN ORDINANCE SETTING THE TIME AND PLACE OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1971 AT FANNIN SCHOOL AT 7:30 O'CLOCK P.M. Moved by Alderman Lambert that Ordinance No. 2663 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Boyd, and Drake Nays : Alderman Darner Item 6a Stephen J. Ondrejas, Director of Planning, presented a proposed resolution calling a public hearing for annexation of certain tracts approved by the Planning Board. �f RESOLUTION NO. 1212 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 Auditorium in Wichita Falls, Texas at 10:00 o'clock A.M. on the 7th day of September, 1971, 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, Tract II, and Tract III. The City Clerk is directed to give public 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 annexed, not more than twenty (20) days nor less than ten (10) days prior to the hearing. Moved by Alderman Boyd that Resolution No. 1212 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays : None Item 6b A proposed resolution was presented authorizing proposals to property owners on Kell Freeway. J RESOLUTION NO. 1213 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed projects 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 values as determined from the appraisals have 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 projects and properties to be purchased by Warranty Deed are as follows : Kell Freeway - Project 52-071 Warranty Deed 428 Item 6b, Cont'd. 8550 square feet out of Lots 2 & 3, Block 10 of Westside Addition to Highland Addition Combined total of values approved in this resolution ----------$11,400.00 SECTION NO. 2 The 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, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for each tract is the state approved value as determined from appraisals 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 any such tract or tracts for such approved 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 Darner that Resolution No. 1213 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays: None Item 6c A proposed resolution was presented requesting the State Welfare Department to conduct an individual choice referendum for police and fire department's social security coverage. Coverage is proposed to begin in October 1972. Presently, the City's cost is 5.2 per cent of salary up to $9,000. It is possible that it could increase to 5.4 per cent up to $10,200 maximum salary in October 1972. RESOLUTION NO. 1214 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls hereby requests the Texas State Department of Public Welfare to conduct, as expeditiously as possible, an individual choice referendum for the policemen and the firemen of the City of Wichita Falls , Texas , concerning the extension of Social Security coverage to members of the Police Department and Fire Department in the City. Moved by Alderman Drake that Resolution No. 1214 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays : None Item 6d E A proposed resolution was presented authorizing the City Manager to execute a water purchase contract with Iowa Park and Wichita County Water Control and Improvement District No. 3. In this contract, Iowa Park will be restricted to 500,000 gallons per day. They will also be required to construct mechanical de- vices to insure that only the amount of water is taken which is authorized under the contract. The amount of water taken is also negotiable when both parties agree. The City of Wichita Falls would recognize any contract which the City of Iowa Park has for purchase of water for re-sale purposes, but would restrict any future contracts for re-sale purposes. Dr. Soell, Mayor of Iowa Park, stated that since April their lakes have been unable to furnish them with water, and they have been relying on Lake Kemp water, which is not very suitable to drink. He feels that with some growth in their area 429 Item 6d, Cont'd. lakes will not be able to furnish them with enough water. Their plans call for an election for bonds to construct lines to Cypress Avenue filter plant. Perhaps they will be able to use their lakes and City of Wichita Falls water in the future. He requested that they be allowed a maximum of one million gallons per day instead of 500,000 gallons. Alderman Darner questioned the cumulative effect of this contract in relation to others we may be asked to approve. Aldermen Boyd and Lambert made several comments concerning the spirit of the contract. RESOLUTION NO. 1215 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls, the City of Iowa Park and Wichita County Water Control and Improvement District No. 3, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Lambert that Resolution No. 1215 be passed, approving the water contract, increasing the maximum amount from one-half million to one million gallons per day. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays : None Item 6e A proposed resolution was presented accepting the Health Unit building and authorizing final payment to the contractor. RESOLUTION NO. 1216 WHEREAS, the City of Wichita Falls and M. A. Vordenbaum & Sons entered into a contract dated August 11, 1969, wherein said contractor agreed to construct the Wichita Falls Public Health Center; and, WHEREAS, Pardue, Read & Dice, the architects and engineers on the project, have furnished the City a certificate of completion dated July 9, 1971, stating that the contractor has completed all work required by the contract documents ; and , WHEREAS, the contractor has furnished the City their final estimate, being Estimate No. 17, which shows the amount of the total contract with change orders to be $710,260.37; the amount of previous payments to a contractor is $707,469.85, leaving a total due to the contractor of $2,790.52. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the above contract by said contractr-actor is accepted by the City of Wichita Falls, and the City Manager is directed to make final payment of $2,790.52 to the contractor, and to make final payment of $9,015.62 due to Pardue, Read & Dice, the architects and engineers on the project. Moved by Alderman Boyd that Resolution No. 1216 be passed. Motion seconded by Alderman Drake, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays : None Item 6f A proposed resolution was presented approving a right-of-entry letter agree- ment from the Corps of Engineers for construction of a sewer line from Municipal 430 Item 6f, Cont'd. Airport to the existing sewer line on Sheppard Air Force Base. Paul Yeager ex- plained some of the provisions of the proposed sewer easement for the airport dis- posal system. i RESOLUTION NO. 1217 WHEREAS, the Army Corps of Engineers has submitted to the City of Wichita Falls a letter agreement dated July 21, 1971, which constitutes a right-of-entry, authorizing the City to commence construction of a sewer line from Municipal Airport to the existing government-owned sewer line on Sheppard Air Force Base; and, WHEREAS, this right-of-entry will be followed by the execution of a formal easement and a service contract covering sewage treatment services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Said right-of-entry letter agreement dated July 21, 1971 is hereby approved, and the City Manager is authorized to accept the same for the City of Wichita Falls; when the formal easement and the service contract are tendered by the Corps of Engineers, the City Manager is authorized to execute them and to pay the considera- tion for such easement. Moved by Alderman Darner that Resolution No. 1217 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays : None Item 7a Award of bids was considered on an Atomic Absorption Unit and General Purpose Sterilizer. In each case the low bidder did not meet specifications. Dr. Parker explained that the Atomic Absorption Unit is used to analyze air and water samples, as well as sample waste water treatment. It can also be used in air and environ- mental pollution control. Moved by Alderman Lambert that the bid for the Atomic Absorption Unit be awarded to Beckman Instruments, Inc. , Houston, Texas, in the amount of $11,903. Motion seconded by Alderman Campsey, and carried unanimously. Moved by Alderman Lambert that the bid for the General Purpose Sterilizer be awarded to Palco Mechanical Contractors, Inc. , Wichita Falls, in the amount of $8,822.25. Motion seconded by Alderman Campsey, and carried unanimously. Item 7b A proposed resolution was presented accepting the bid of Opex, Inc. , in the amount of $20,935.00 for sanitary sewer improvements on the Old Burk Road. RESOLUTION NO. 1218 WHEREAS, the City of Wichita Falls has advertised for bids for sanitary sewer improvements in Arrowhead Industrial District along the old Burk Road; and, WHEREAS, only one bid was received, that being from Opex, Inc. in Olney, Texas in the amount of $20,935.00, which is found to be a good and favorable bid for the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 431 Item 7b, Cont'd. Said bid of Opex, Inc. is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Opex, Inc. for the con- struction of such project. Moved by Alderman Boyd that Resolution No. 1218 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes : Aldermen Campsey, Lambert, Darner, Boyd, and Drake Nays : None Item 8a Permission was requested to advertise for bids for the depository contract for two years beginning Ocrober 1, 1971 to September 30, 1973. Moved by Alderman Darner that authority be granted to advertise for bids for the depository contract, as requested. Motion seconded by Alderman Lambert, and carried unanimously. Item 8b Permission was requested to advertise for bids on the railroad relocation project. Several questions were asked regarding the sufficiency of funds avail- able to purchase the right-of-way for this project. Ernest Lillard stated that not all property has been purchased; however, all large tracts have been purchased, with one exception. It is estimated that we will have enough funds to complete the project from Holliday Street, including the railroad relocation. Moved by Alderman Lambert that authority be granted to advertise for bids on the railroad relocation. Motion seconded by Alderman Campsey, and carried unanimously. Item 9 Moved by Alderman Boyd that minutes of the meetings of the following boards be received. a. Aviation Advisory Board - July 21, 1971 b. Planning Board - July 14, 1971 C. Electrical Advisory Board - July 13, 1971 Motion seconded by Alderman Darner, and carried unanimously. Item 10a In 1969, Dave Rhone and Flynn Stewart extended an oversize water main to Expressway Village Subdivision at their own expense since it was outside the city limits at that time and the City deemed it advantageous to increase the size. It has now been brought into the city limits, and permission is requested by Joe Smith, Director of Public Utilities, to reimburse them for the difference in the size of the main from 8 to 10 inches, in the amount of $3,502.25. Water and sewer reimbursements were also presented for approval, as listed, for a total amount of $5,316.30. (Water - $4,708.30; Sewer - $608.00) Best Building Company, Water, Sections A and B Aqueduct and Maple Street south of Farm Highway 369 of the Sikes Addition from June 20, 1970 to June 20, 1971; $4,708.30 Best Building Company, Sewer, Sections A and B Aqueduct and Maple Street south of Farm Highway 369 of the Sikes Addition from June 20, 1970 to June 20, 1971; $608.00 432 Item 10a, Cont'd. Moved by Alderman Darner that the reimbursement to Dave Rhone and Flynn Stewart be approved in the amount of $3,502.25, as well as the reimbursements on existing contracts in a total amount of $5,316.30, as recommended. Motion seconded by Alderman Drake, and carried unanimously. Item 10b Some changes were proposed by the City Manager in the CATV draft ordinance as prepared by Checchi and Company. Section 25(a) - The City Council would have the right of approving any loan or mortgage or conditional sales contract against the system. Section 34(a) - This section deals with establishing the term of the franchise. There would be a 10-year term with consideration of additional term or gross receipts to the city. They could consider an additional 5-year extension to the 10 years. The City could review the contract prior to the 5-year extension. Section 11(a) - Deals with the requirement of carrying local FM stations prior to outside FM stations. Section 19(h) - Plans and specifications for each phase of the system would have to be approved by the City. Section 21(c) - This section would contain the same thing as Section 21(g) of the ordinance in requiring approval of rates by the Council before they would be- come effective. Other suggested changes were presented by the City Manager, as indicated on the attached sheet. He recommended that the consultants be authorized to proceed with their final report to the City. Alderman Boyd commented that fundamental rules have not been given at this time; that he feels Checchi's advice will be more beneficial after the FCC rules come down, and that they should not do anything until after the new rules are established. Moved by Alderman Boyd that the City Manager be authorized to negotiate with Checchi for partial payment of the monies they feel is due at this time, and that no further action be taken on the report until the FCC completes the rules they are now working on. Motion seconded by Alderman Campsey. Alderman Lambert stated that he felt this motion is not necessary because the report does not commit us to awarding a franchise. Alderman Darner confirmed that it did not even commit us to the information in the report. When the time comes to request bids, then that will be the time to delay if we desire. It was suggested that we not act affirmatively on the motion before us. Alderman Boyd again stated that he felt Checchi's comments would be more valuable to us after the report of the FCC comes out than before. The motion was lost by the following vote: Ayes : Aldermen Campsey and Boyd Nays : Aldermen Lambert, Darner, and Drake Moved by Alderman Lambert that the changes suggested by the City Manager be approved, with the exception of the second change in Section 11(a) (dealing with the requirement that the system carry local FM stations) , and that the draft report be prepared and received with such changes. Motion seconded by Alderman Drake. Forrest Whan, KWFT, stated that he had been a consultant many times, but had never been asked to change his report. He felt that Checchi should make his report, and then let the Council review it. Alderman Lambert explained that Mr. Fox was giving some feedback. They City Manager stated that the procedure has been followed as originally set out, with the exception of the public hearing on the preliminary draft. 432 Item 10b, Cont'd. Mr. Whan raised one question on the requirement of 20 percent being locally owned. He felt that 80 percent should be locally owned and 20 percent outside of the city. Alderman Lambert stated that he felt this would allow as many companies as possible to bid or make application. Lee Sellers, Wichita Falls Communications Services, asked if there would be another opportunity for interested parties to present their thoughts on a proposed ordinance before it is adopted. The Council confirmed that there would be an opportunity. The motion was carried by the following vote : Ayes : Mayor Hill, Aldermen Lambert, Darner, and Drake Nays : Aldermen Campsey and Boyd Alderman Boyd stated that he felt that there is considerable interest in this city for a possible municipally owned CATV system. He read a letter from Verl Wilson with Wichita Beverage Company regarding municipal ownership. He stated that the City should have control of the cable to protect its lower and middle class citizens. Mr. Boyd stated that he felt the letter had merit. Moved by Alderman Boyd that the Mayor appoint a committee of citizens to check into the possibility of a municipally owned cable TV system, with September 15 , 1971 as the deadline for such report. Motion seconded by Alderman Lambert. Mayor Hill stated that he does not feel that the City of Wichita Falls should be in competition with the various news media. The motion was carried unanimously. Item 10c Participation in Bag Your Trash month on a voluntary basis was considered. This is a program whereby plastic bags would be used for refuse collection for experimental purposes beginning October 1. The city manager recommended that the Council authorize this campaign for the use of plastic bags on a voluntary basis. Moved by Alderman Drake that the Council endorse Bag Your Trash month. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Darner, Boyd, and Drake Nays : Alderman Lambert Moved by Alderman Lambert that the meeting be adjourned. Motion seconded by Alderman Drake, and carried unanimously. The Board of Aldermen adjourned at 12 :54 P.M. PASSED AND APPROVED this —j r day ofc . , 1971. • Mayor ATTEST: City Clerk WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is. entered into as of the day of , 1971, between the City of Wichita Falls, Texas, hereinafter referred to as the "CITY" and the City of Iowa Park, hereinafter referred to as Iowa Park and Wichita County Water Control and Improvement District No. 3, hereinafter referred to as "DISTRICT NO. 3". W I T N E S S E T H: WHEREAS, Iowa Park is a municipal corporation organized and established under the provisions of the laws of the State of Texas. One of the duties of Iowa Park is the construction and operation of a water supply distribution system serving water users within the area described in plans now on file in the office of Iowa Park and to accomplish this purpose, Iowa Park will require a supply of treated water; and, WHEREAS, Wichita County Water Control and Improvement District No. 3 is organized and established under the provisions of the laws of the State of Texas. One of the duties of Water District No. 3 is the construction and operation of a water supply system serving water to the City of Iowa Park, and to accomplish this purpose, Water District No. 3 will require a supply of water; and, WHEREAS, the City owns several water reservoirs with capacities capable of serving the present customers of the City system and the estimated number of water users to be served by Iowa Park shown in the plans of the system now on file in the office of Iowa Park; and, WHEREAS, by Resolution No. , enacted on the day of , 1971, by the City (Attached hereto as Exhibit "A"), which authorized the City to sell water to Iowa Park through Water District No. 3; and, -1- WHEREAS, by Resolution No. , enacted on the day of , 1971, by Iowa Park (Attached hereto as Exhibit "B"), which authorized Iowa Park to purchase water from i City through District No. 3; and, WHEREAS, by Resolution No. ,enacted on the day of , 1971, (Attached hereto as Exhibit "C"), Water District No. 3 was authorized to purchase water from the City for Iowa Park in accordance with the terms set forth in said resolution; and, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City, Iowa Park, and District No. 3 mutually agree to the following, to-wit: Section 1.0: City shall deliver water ("WATER") to delivery point ("DELIVERY POINT") for sale to Iowa Park in sufficient quantities to meet Iowa Park's needs and Iowa Park shall be permitted to take same for resale to consumers, subject only to the terms and provisions of this Contract. Section 1.1: Water delivered shall be of the same quality the City furnishes to residents of City and at a pressure the City attempts to maintain in the operation of its transmission and distribution facilities at the points of delivery to its own users. Emergency failures shall excuse the City from this provision for a reasonable period of time to restore service. Section 1.2: Delivery point shall be located on a 30 inch main at the Cypress Street Treatment Plant or at another satisfactory delivery point with approval of the City and Iowa Park. Section 1.3: Iowa Park shall have the responsibility to transport the Water from the Delivery Point to its consumers, including imparting additional pressure to adequately serve Iowa Park's consumers. Iowa Park shall provide at its own expense necessary transmission and storage from and at the Delivery Point to prevent abnormal demands by Iowa Park. These demands shall be such that the maximum hourly rate on -2- the maximum day shall not be more than the maximum days flow divided by 24. If a mechanical facility is required to abate the abnormal demands of Iowa Park, Iowa Park will install a rate of flow controlling valve to l { control the maximum hourly flow to the maximum day flow divided by 24. Section 1.4: Iowa Park shall furnish, install, operate and maintain at its own expense at the Delivery Point, the necessary demand metering equipment, including a meter house or pit, and reqired devices of standard type for properly measuring and recording the quantity of Water taken by Iowa Park. Type and location of meters shall be agreed to by City and Iowa Park prior to delivery of Water. Iowa Park shall calibrate such metering equipment whenever requested by the City, but not more frequently than once every twelve (12) months. A meter registering not more than two per cent (2%) above or below the test result of the rated capacity of the meter shall be deemed to be accurate. The previous reading of any meter disclosed by test to be inaccurate shall be corrected for the twelve (12) months previous to such test in accordance with the percentage of inaccuracy found by such tests and existing records. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water pumped in the corresponding period immediately prior to the failure, based on existing records unless City and Iowa Park shall agree upon a different amount. Section 1.5: All services on Iowa Park's system shall be separately metered. Section 1.6: Thirty (30) days prior to the estimated date of completion of construction of Iowa Park's water supply distribution system, Iowa Park will notify City in writing the date for the initial delivery of water. Section 1. 7: When requested by Iowa Park after the metering equipment has been installed, City will make available to the contractor at the point of delivery water sufficient for testing, flushing and trench filling the system of Iowa Park during construction, for which water Iowa Park will pay City at the rate set out hereafter; however, the minimum -3- rate will not apply to this water used for testing the system. Section 1.8: Maximum amount of water to be furnished by City to Iowa Park will not exceed133,333 C.F. per day unless a greater amount is approved by City at the beginning of each calendar year. Section 2.0: The cost of Water purchased by Iowa Park shall be based in accordance with the following schedule of rates: Commodity Rate 16c/100 C.F. Demand Rate $19,467/133,333 C.F. or pro-rata part on the maximum day of the year. The demand rate will vary each year depending on maximum day. Typical Demand Rate Schedules Total rate is commodity rate plus demand rate. Commodity Rate: 16c/100 C.F. ; 21.33/1000 Gals. Demand Rate: Maximum Day 100% Average Day: 4c/100 C.F. ; 5.33c/1000 Gals. Maximum Day 200% Average Day: 8c/100 C.F. ; 10.67c/1000 Gals. Maximum Day 300% Average Day: 12c/100 C.F. ; 16c/1000 Gals. Total Rate: Max. Day 100% Average Day 10 MGD Max. ; 10 MGD Aver. : 20c/100 C.F. ; 26.67c/1000 Gals. 5 MGD Max. ; 5 MGD Aver. : 20c/100 C.F. ; 26.67c/1000 Gals. 1 MGD Max. ; 1 MGD Aver. : 20c/100 C.F. ; 26.67c/1000 Gals. 1/2 MGD Max. ; 1/2 MGD Aver. : 20c/100 C.F. ; 26.67/1000 Gals. Max. Day 200% Average Day 10 MGD Max. ; 5 MGD Aver. : 24c/100 C.F. ; 32c/1000 Gals. 5 MGD Max. ; 22 MGD Aver. : 24c/100 C.F. ; 32c/1000 Gals. l MGD Max. ; 1/2 MGD Aver. : 24c/100 C.F. ; 32c/1000 Gals. Max. Day 300% Average Day 15 MGD Max. ; 5 MGD Aver. : 28c/100 C.F. ; 37.33c/1000 Gals. 72 MGD Max. ; 22 MGD Aver. : 28c/100 C.F. ; 37.33c/1000 Gals. 12 MGD Max. ; 1/2 MGD Aver. : 28c/100 C.F. ; 37.33c/1000 Gals. The Demand rate for the period from the initial delivery of water to Iowa Park to the succeeding January shall be prorated on the basis of the date of the initial delivery of water. The Commodity and Demand rates are subject to modification at the end of every five (5) year period. Any increase or decrease in the rates shall be based on a demonstrable increase or decrease in the costs of performance of the Contract. The -4- minimum monthly bill will be the monthly demand charge. The demand charge i will be billed monthly on the basis of the highest maximum day during the current or preceding eleven (11) months. I i Section 2,1: The City will read the Iowa Park meter on the i first day of each month during the term of this Contract. Iowa Park and City shall have free access to read meters daily, if they so desire. The City will provide Iowa Park no later than the loth day of each month, with an itemized statement of the amount of water metered to Iowa Park during the preceding month. Iowa Park shall pay to the City the amount of the itemized statement for any month not later than the 15th day of the succeed- ing month. Section 3.0: This Contract shall extend for a term of Thirty (30) years from the date of the initial metering of any water to Iowa Park. Unless Water is taken within two (2) years from date hereof, this Contract shall be void. At the expiration of the term of this Contract, same may be renewed or extended for such term or terms, as may be agreed upon by the City and Iowa Park. City may cancel this Contract at any time during the life of the Contract in the event Iowa Park fails to make any payment due hereunder within sixty (60) days after same becomes due; or, if Iowa Park breaches any covenant herein other than payment of the monthly statement, and such breach continues for sixty (60) days after City gives Iowa Park written notice thereof. Section 4.0: Iowa Park shall not be required to furnish Water to any resident of City. If the City extends its city limits to include any consumer of Water from Iowa Park, Iowa Park will continue to provide Water to such consumer until the City is able to extend its own water distribution systems to provide such consumer with water. Section 5.0: Iowa Park shall permit the water to be used only for normal residential, commercial and municipal purposes. Unless written permission is obtained from City, water shall not be used for agriculture irrigation. Except for contracts between Iowa Park and others in existence -5- at the time of executing this contract, copies of which are attached, Iowa Park shall not sell water to any other private or governmental s party for resale to third parties. No connections to the transmission i ' main shall be allowed within the city limits of Wichita Falls. Other small single connections on the transmission main between Iowa Park and the City may be made with approval of City's Director of Public Utilities. Section 5.1: It is distinctly understood between parties hereto that City owes it primary obligation and duty to the citizens of Wichita Falls; in the event of an extended shortage of water, or the supply of water available to City is otherwise diminished over an extended period of time so that it becomes necessary to ration the water sold to citizens of Wichita Falls, the supply of water to Iowa Park's consumers shall be reduced or diminished in the same ratio or proportion as the supply to the citizens of Wichita Falls is reduced or diminished. Section 6.0: This Contract is subject to such rules, regulations, or lows, as may be applicable to similar agreements in the State of Texas; the City and Iowa Park will collaborate in obtaining such permits, certifi- cates, or the like, as may be required to comply herewith. Where a direct physical connection exists between the Water Supply Distribution Systems of the City and Iowa Park, Iowa Park shall operate and maintain its portion of the Water Supply Distribution System in accordance with the standards of the Texas Department of Health and in compliance wiW Article 4477-1 Vernon's Annotate Civil Statutes and in compliance with those provisions of Section 12, Articles 1 and 2 of the Plumbing Code of the City of Wichita Falls, entitled Water Supply and Distribution, which are in effect as of the date of this Contract. Section 6.1: City shall have the authority and responsibility of inspection to determine that no cross connections or condition of backflow or back-siphonage exist on that portion of the system receiving water under pressure from the Wichita Falls water mains. The City shall have the authority to disconnect the Water until correction within the -6- system is made. The City shall also have the right to suspend delivery of Water in the event Iowa Park fails to construct, maintain and operate its portion of the Water Distribution System in substantial compliance with such standards referred to hereinabove. Provided, however, unless substantial non-compliance constitutes a safety and/or health hazard, the City shall not suspend the delivery of Water without first notifying Iowa Park in writing of such non-compliance and affording Iowa Park a reasonable opportunity to correct such non-compliance. Provided, further, in no event shall the City suspend delivery of water to any portion of Iowa Park's system not necessary in isolating the location of such non- compliance. Section 7.0: Any amendment to this Contract shall be in writing and executed by both City and Iowa Park. Section 8.0: In the event of any occurrence rendering the City of Iowa Park incapable of performing under this Contract, any successor of Iowa Park, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of Iowa Park hereunder. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Contract to be duly executed in three counterparts, each of which shall constitute an original. CITY OF WICHITA FALLS, TEXAS By: C I T Y M A N A G E R ATTEST: City Clerk CITY OF IOWA PARK, TEXAS By: M A Y 0 R ATTEST: City Secretary -7- WICHITA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #3 1 CHAIRMAN ATTEST: Secretary -8-