Min 02/01/1972 511
Wichita Falls, Texas
Memorial Auditorium Building
February 1, 1972
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 X
Harrison E. Taylor
Larry Lambert Aldermen
Dick Darner X
J. C. Boyd, Jr.
Jerry Dunn Asst. City Manager
H. P. Hodge, Jr. City Attorney
j Wilma J. Thomas City Clerk
Bill Drake Absent
The invocation was given by Alderman Taylor.
Item 3
Moved by Alderman Taylor that minutes of the meeting held January 18, 1972,
be approved.
Motion seconded by Alderman Lambert, and carried unanimously.
Item 4a
A proposed ordinance was presented closing an easement on the south side of
Lot 4 of a replat of part of Block 35, Rancho Vista Place.
v ORDINANCE NO. 2687
AN ORDINANCE CLOSING AND ABANDONING A FIFTEEN FOOT EASEMENT ON THE SOUTH
SIDE OF LOT 4 OF A REPLAT OF A PART OF BLOCK 35, RANCHO VISTA PLACE.
Moved by Alderman Campsey that Ordinance No. 2687 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd
Nays : None
Item 4b
Jerry Dunn, Assistant City Manager, presented information on the electric
rate increase request which had been obtained since the last council meeting. He
explained the method used to obtain the fair market value and rate of return. He
compared the rates in Wichita Falls and other cities, as well as electric bills
in 28 cities. He recommended that the utility rate request be approved, except
that in the rates which were requested for approval there are 13 schedules , and
he is recommending that the last three schedules which pertain to various mis-
cellaneous municipal uses be delected, and that the other 10 be approved.
The City presently has a contract on these schedules for ten years, with five
years yet to run. If the contract rates merit change, then they should be
negotiated. Mr. Dunn explained the schedules he was referring to. (Mary Alice
Dunn was recognized as a guest) .
512
Item 4b, Cont'd.
Mr. Hotchkiss explained that he had given the Council all the information
that he had, and asked that they approve these rates in order to enable them to
continue the same level of service.
Mr. Robert Stuart, Attorney, appeared for a client which he stated he could
not reveal at this time. He commended Mr. Hotchkiss , and stated that Texas
Electric Service Company has served Wichita Falls well, and has a public relations
program beyond reproach. He stated that he does not feel that they should ask
the City to take this information on face value. He feels that perhaps the
information Mr. Hotchkiss has presented has come from sources other than his
own office. He is not here to ask that they not grant the increase. He presented
some information in a book pertaining to Texas Utilities, which has the control-
ling holdings of Texas Electric. He stated that in 1964 the profits of Texas
Utilities were 11.2%, and 14.3% in 1965 on invested capital. He feels this matter
should be turned over to a citizens committee to act as a fact finding committee.
He feels that perhaps the Council does not have the time or expertise to make
this judgment and determination of facts. He felt we should determine if the rate
we are asked to pay in Wichita Falls is fair, rather than determine what other
cities have done. He is not saying that the figures are not accurate or fair,
but feels the Council should have the right to look behind these figures. Texas
Utilities Company share earnings and dividends have increased in the past 10
years. He stated there may be good explanations for this, but he feels he does
not know, and that the Council does not have sufficient information to either
recommend this increase or decrease. He suggested that Mr. Hotchkiss join him
in requesting this fact finding committee. He has some questions he would like
to ask Mr. Hotchkiss, but would save them for a committee if it is formed. Alder-
man Campsey asked if he had any information as to the part Texas Electric played
in the Texas Utilities profits. Mr. Stuart stated that he did not, but would
like to have this information. Alderman Boyd stated that he felt Mr. Stuart's
appearance was in response to some questions he had asked at the last meeting,
and thanked him for appearing. Mr. Stuart stated that he did not know how much
time the staff put in on this information, but he did not believe they had the
expertise to make the proper determination. Alderman Lambert inquired of Mr.
Stuart if he had any idea of the time required for a committee to make this
investigation. Mr. Stuart stated he felt it would take at least 60 days. Alder-
man Boyd inquired what general approach he would take. Mr. Stuart felt they
should begin with fair value, investments, construction, etc. He feels there
are enough people here to ask the questions necessary to make this judgment.
Mr. Hotchkiss stated that he was asked for certain information, and has
furnished it as requested. He also presented a copy of their 1970 annual report.
He stated that the book of Overcharge that Senator Metcalf has written is dedi-
cated to the philosophy that the federal government should own and operate the
power companies. No commission can use the basis that Mr. Metcalf has used for
fair value and rate of return. He has presented the facts regardless of who
studies them. Mr. Metcalf recognizes that his method of arriving at fair value
is not acceptable to any commission. Mr. Hotchkiss stated that they would
continue to keep faith with all cities that Texas Electric serves. He stated
that he would not have had the information to anyone prior to January 1972 when
it was presented to the Council.
H. P. Hodge, Jr. , City Attorney, commented on the price stabilization picture,
stating that the City will be required to certify that the increase is cost based,
etc. , and that they can make a study of this also. Mayor Hill stated that he
had no objection to appointing a board, but feels that might be shifting some of
their responsibilities. Mr. Stuart stated that the Council 's responsibility
is in making decisions, and not entirely on obtaining all the information them-
selves. They are just asking for help in fact finding. Jerry Dunn questioned
whether an additional small amount of information would make any difference in
the decision. Alderman Lambert explained that he feels at a loss in trying to
evaluate this. If there are enough persons who can offer some background ex-
perience, then we should try to utilize this help if it is available to us. Mr.
Stuart felt that help might be available from electrical contractors, Midwestern
University, Sprague Electric professional engineers, and accountants. He further
stated that on the basis of information presented to them that the increase is
justified, but if we have further opportunities for exploring this, then we
sould be short sited if we do not take advantage of it. He stated that it seems
reasonable to study the request further. He feels we should not approve a rate
513
Item 4b, Cont'd.
in Wichita Falls just because another city approves. .Jerry Dunn stated that the
rates in Wichita Falls and other cities are not necessarily the same. Only the
percentage is the same. Alderman Taylor stated that if we had this group they
would be spending a lot of time spinning their wheels. He feels that we should
accept the report of our staff. Alderman Darner stated that if a committee was
formed, they would receive the same information which the Council has received,
and there might not be much to be gained. He stated that he seriously doubted
that they had any expertise available to them using the same information which had
been presented to them. Jerry Dunn stated that he felt it would take a rate ex-
pert to make any other decision other than what we have received, and that it
would cost money for this.
Moved by Alderman Boyd that the mayor be authorized to set up a temporary
advisory board to assist us in the determination of the matter before us.
Motion seconded by Alderman Lambert.
Mr. Hotchkiss requested that they not withhold the granting of this request
until the board is possibly formed. If the board comes up with some other in-
formation then they can consider it at that time. He feels if action is delayed
today it could raise questions in the minds of other governing bodies of whether
there is information which has not been presented. Alderman Campsey stated that
he has no objections to the board, but wants to be fair with Texas Electric.
Mayor Hill stated he would like to have the information which Mr. Stuart has be-
fore the board is created. It was agreed by the Council that Texas Electric has
furnished all information requested of them.
Aldermen Boyd and Lambert withdrew their motion and second, respectively.
Moved by Alderman Lambert that the rate request increase be tabled until the
next meeting.
Alderman Taylor disagreed because he did not know what additional information
we would have in two weeks, and the effect it would have on the ordinance. Alder-
man Lambert recommended that whatever questions Mr. Stuart's group has should be
related to Texas Electric through the City Manager and staff. Mr. Stuart agreed
to this plan.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 5a
G" r
Renewal of the lease contract with the golf professional was considered.
Alderman Lambert stated that he had had some complaints regarding the operation of
the golf course, and the operator, also, which perhaps should be investigated.
Moved by Alderman Lambert this matter be postponed for consideration until
the next meeting..
Motion seconded by Alderman Boyd, and carried unanimously.
Item 5b
i A proposed resolution was presented approving an amendment to the water
purchase contract with the City of Scotland, Texas. These changes deal with the
I maximum amount of water to be furnished by the City of Wichita Falls to Scotland,
4 and with consumers being allowed the choice of remaining on the Scotland system or
tying into the City's system in the event of extension of our city limits to
include any of those consumers.
r
RESOLUTION NO. 1264
WHEREAS, the City of Wichita Falls, Texas and the City of Scotland, Texas
heretofore entered into a water purchase contract as of February 2, 1971; and,
WHEREAS, the parties desire to amend Sections 1.8 and 4.0 of said contract.
514
Item 5b, Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
That certain agreement dated February 1, 1972, a copy of which is attached
hereto, whereby the water purchase contract between Wichita Falls and Scotland
dated February 2, 1971 is amended, is hereby approved, and the Mayor is authorized
to execute the same for the City of Wichita Falls, Texas.
Moved by Alderman Taylor that Resolution No. 1264 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd
Nays : None
lY`J l� Item 6a
Ben Shelton, Director of General Services, recommended award of the low bid
to TWR Sales, Inc. , in the amount of $39,152.67 for an estimated annual supply
y of tires and tubes.
Moved by Alderman Boyd that the bid be awarded as recommended.
Motion seconded by Alderman Darner, and carried unanimously.
1 Item 6b
Award of the low bid for an estimated annual supply of gasoline was recommended
to Humble Oil and Refining Company in the amount of $.1787 per gallon ($89,350.00) .
Moved by Alderman Darner that the bid be awarded as recommended.
Motion seconded by Alderman Campsey, and carried unanimously.
f
Item 6c
s
Award of the bid for an estimated annual supply of linen service was recommended
to National Linen Service, Wichita Falls, in the amount of $5,720.64.
Moved by Alderman Boyd that the bid be awarded as recommended.
Motion seconded by Alderman Lambert, and carried unanimously.
Item 6d
Bids were considered on a 13-ton equipment trailer for Water Source of Supply.
11 It was recommended that the low bid be awarded to Godsey-Evans, Inc. , Abiline,
t,
�' in the amount of $3,144.50.
Moved by Alderman Taylor that the bid be awarded as recommended.
Motion seconded by Alderman Boyd, and carried unanimously.
Item 7
Moved by Alderman Darner that minutes of the meetings of the Park Board held
January 25, 1972, and the Plumbing Advisory Board held January 19, 1972, be received.
Motion seconded by Alderman Boyd, and carried unanimously.
515
f Item 8
Mrs. Frances Wall appeared regarding reduced bus fares for senior citizens.
She stated that she cannot see that truthfully the reduction of rates would be
the answer to the problem; that she would trust the Council's judgment on that.
She did request further study into the transportation and housing problems of the
elderly. She mentioned a type of housing which included various facilities for
senior citizens , stating that the public housing authority has information on this.
Moved by Alderman Boyd that no reduction be made in bus fares for senior
citizens.
Motion seconded by Alderman Darner.
H. E. Whitnell, Director of Traffic, explained that any changes would affect
the operation of the bus system, whether rates are increased or decreased. Some
discussion was held. Alderman Campsey stated that he felt the City has done what
it should in keeping the bus system here.
Mrs. Helen Potts, 1809 Ardath, stated that she does not feel this is the time
to make any changes. She would like the service improved.
Ken Hays, 1708 Collins, was in favor of increasing the service to make it
better.
Bill Bohannon inquired if the bus fare is the only revenue, or is there rev-
enue to be obtained from advertising? The Council explained that they already
collect revenue from advertising.
Jack Ballard inquired if anyone knew how many senior citizens would ride the
busses if they went through the housing project or if the rate were lowered. He
thought this should be checked into.
The motion to not reduce the fares was carried unanimously.
U� Item 9
A proposed resolution was presented approving a Texas Highway Department
s Minute Order for construction of Midwestern Parkway, Phase II, from Herring Lane
to Armory Road.
RESOLUTION NO. 1265
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
The provisions of the Minute Order passed by the Texas Highway Commission on
January 31, 1972, a copy of which is attached hereto, and is made a part hereof,
providing for assistance in the reconstruction of the pavement and its support
on Hampstead Lane and 37th Street from Herring Street east to Armory Road are
acceptable to the City of Wichita Falls. It is hereby ordered that the City of
Wichita Falls cooperate with the State Highway Department and fulfull its obliga-
tions so stipulated in said Minute Order as being the responsibilities of the
City.
BE IT FURTHER RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
The City of Wichita Falls , Texas, desires the State Highway Department to
include the city's portion of the work in the State's construction contract, and
the City Manager of the City of Wichita Falls is hereby authorized to enter into
a fixed sum agreement with the State Highway Department for such work and its
cost as may be mutually agreed upon.
Moved by Alderman Boyd that Resolution No. 1265 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
516 ,
Item 9, Cont'd.
Ayes : Aldermen Campsey, Taylor, Lambert, Darner, and Boyd
Nays : None
Moved by Alderman Campsey that the meeting be adjourned.
Motion seconded by Alderman Lambert, and carried unanimously.
The Board of Aldermen adjourned at 12 :52 P.M.
PASSED AND APPROVED this day ofe� _u 1972.
rMAa
ATTEST:
City Clerk
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• J" I•'or.�n �alh.i
. MINUTE 01RDEP,
WICHITA --_ ._.County Page_` 1 o[_ 2 ._Page.4
District No. —•.3..____—_—_
WHEREAS, in WICHITA COU111TY, the City of Wichita Falls has requested assistance
in the Reconstruction of Pavement and its support on Hampstead Lane and 37th
Street extendin- from Herring Street East to Armory Road, a distance of approxi-
mately 0.7 mile; and
WHEREAS, Hampstead Lana and 37th Street are included in the Federal-Aid Metro-
politan System and it has been determined that the requested work is eligible
for participation in the Federal Netropolitan Program; and
WHERMS, it is the desire of the Texas Highway Department to assist the City
of Wichita Fal.ls 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 all plans and specifications for the proposed improve-
ments.
2. Provide for the construction of curb and gutter, storm sewers,
driveways, sidewalks, the adjustment of utilities, etc. , all as
may be necessary for a complete project with the exception of
pavement, its support and traffic signal.
• 3. 11aintain the entire project upon completion in a manner satis-
factory to the Department.
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County •�,/; } 7
Page of._ ___ Pagc9
llistric: No.
The Texas Highway Department will provide for the Reconstruction of Pavement,
its support and Traffic Signal, at an estimated cost of $22D,000.
Upon acceptance of the provisions of this Older by the appropriate officials
of the City of Wichita Pals, IT IS ORDERED that Hampstead Lane extending from
Loop 473 1-lest to Herring Street, and 37th Street extending from Loop 473 East
to Armory Road, be and are hereby designated as a METROPOLITAN HIGHEN.kY, and the
State Highway Engineer is directed to enter into agreement with the City cover-
ing the details of the Proposed improvements and after the City has fulfilled
its responsibilities, proceed with Reconstruction in the most feasible acid eco-
nomical manner, financing the cost in the Federal Metropolitan Program.
It is understood that the City may discharge its construction obligations as out-
lined 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 contract,
the State Highway Engineer is hereby authorized to enter into agreement with the
City for such work 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:
(7'itie) program Eng veer Assistant State llighway EngineerApproved
State Highway Engineer
Approved:
-•--••--•---- ----•-------- —._--_._Commissioner Minute vumbcr
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-__......-_...._...._................ Commissioner
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J.E. HALL N 89035 �E 59.85' _
S724-I/Z SEYMOUR HWY.
WICHITA FALLS,TEXAS i
P L A T T E D
ENGINEERS
INTER-PROFESSIONAL INTERNATIONAL,INC. A R PLAT OP A PART'
ENGINEERS a SURVEYORS OF
1710 DAYTON ST BLK. 35, RANCHO VISA PLACE
WICHITA FALLS,TEXAS OUT OF
767.6551 BLOCK 3, LEAGUE 2,DENTON COUNTY SCHOOL LAND
TO
WICHITA FALLS, TEXAS
Ar #/7B 3 AIX E 0
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A G R E E M E N T
WHEREAS, the City of Wichita Falls, Texas and the City
of Scotland, Texas heretofore executed a water purchase contract
as of the 2nd day of February, 1971; and,
. WHEREAS, the two cities desire to amend Sections 1.8
and 4.0 of such contract.
NOW, THEREFORE, the City of Wichita Falls, Texas and the
City of Scotland, Texas do hereby mutually agree as follows:
Section 1.8 of such contract is hereby amended so that
it shall read as follows:
i
"Section 1.8: Maximum amount of water to be furnished by
City to Scotland will not exceed 26,667 C.F. per day unless a greater
amount is approved by City."
Section 4.0 of such contract is hereby amended so that
it shall read as follows:
"Section 4.0: Scotland 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 Scotland, Sce-t-land wilL,_con-. ,
tinue to provide water to such consumer. When City is able to extend
its own water distribution system which could. provide such consumer
with City' s water, such consumer shall be allowed the choice of remain-
ing on the Scotland system, or tying into the City"s system. Provided,
however, it is understood and agreed the foregoing section, is subject
to the restrictions of 7 U.S.C. 1926b, as amended."
Except as amended herein, such contract of February 2,
1971 shall remain in full force and effect.
The parties hereto have caused this instrument to be
executed by their duly authorized officers this the lst day of
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February, 1972.
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CITY OF WICHITA FALLS, TEXAS
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By
M A Y 0 R
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ATTEST:
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City Clerk
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CITY OF SCOTLAND, TEXAS
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By
M A Y R
ATTEST:
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City Secretary
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