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Min 03/06/1973 711 Wichita Falls, Texas Memorial Auditorium Building March 6, 1973 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 Larry Lambert X Aldermen Willard Still J. C. Boyd, Jr. Mrs. Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderwoman McCullough. Ed Whitnell, Director of Traffic, was commended by the Mayor. This is his last meeting prior to his departure for employment with the City of Beaumont. Mayor Wallander also read a Proclamation in honor of Colonel Floyd Taylor, known as the Father of the squadron adoption program at Sheppard Air Force Base. March 21, 1973 was proclaimed Floyd Taylor Day in the City of Wichita Falls. Moved by Alderman Still that this proclamation be made a part of the minutes, with grateful appreciation to him. Motion seconded by Alderman Boyd, and carried unanimously. Item 3 Moved by Alderman Boyd that minutes of the meeting held February 20, 1973, be approved. Motion seconded by Alderman Campsey, and carried unanimously. Item 4 A proposed ordinance was presented declaring certain buildings to be dangerous, on which a public hearing was held July 18, 1972. ORDINANCE NO. 2773 ORDINANCE FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2773 be passed. Motion seconded by Alderman Still, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 5a A proposed resolution was presented approving a contract in the amount of j $49,000 for sedimentation and degradation on Lake Kemp. Alderman Boyd inquired into the purpose of this, which was explained by the City Manager and John Ruhmann. 712 Item 5a, cont'd. RESOLUTION NO. 1393 RESOLUTION APPROVING CONTRACT NUMBER DACW56-73-C-0126, BETWEEN THE UNITED STATES OF AMERICA AND UNITED AERIAL MAPPING, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT : That certain Contract No. DACW56-73-C-0126, Lake Kemp Photogrammetric Topo- graphic Survey for Development of Sedimentation and Degradation Studies, between the United States of America and United Aerial Mapping, Inc. , which work is part of the reconstruction for Lake Kemp, is hereby approved. Moved by Alderman Still that Resolution No. 1393 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 5b l A proposed resolution was presented calling a public hearing on Phase II annexation of Lake Arrowhead. i RESOLUTION NO. 1394 A RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ANNEXATION PROCEEDINGS 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 Audi- torium in Wichita Falls, Texas at 10:00 o'clock A.M. on the 20th day of March, 1973, 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 the tract of land shown on the attached sketch, marked Exhibit A, which tract is a part of the right-of-way for the Lake Arrowhead raw water transmission line. The City is directed to give public notice of such hear- ing by publishing a notice thereof one (1) time in a newspaper having general cir- culation 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 Taylor that Resolution No. 1394 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still , Boyd, and McCullough Nays : None Item 5c A proposed resolution was presented changing the presiding judge for one pre- cinct in the April 3 city election. RESOLUTION NO. 1395 RESOLUTION AMENDING RESOLUTION NUMBER 1387, CHANGING THE PRESIDING JUDGE IN PRECINCT NUMBER 52. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Resolution Number 1387, which called the regular municipal election on April 3, 1973 and appointed Presiding Judges and Alternate Presiding Judges, is hereby amended by changing the Presiding Judge in Precinct Number 52 at Ben Milam School from Mrs. John Penn to Mrs. Bernice Knightstep. 713 Item 5c, cont'd. Moved by Alderman Lambert that Resolution No. 1395 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None. Item 5d ? A proposed resolution was presented authorizing peace officers for the Police Reserve. RESOLUTION NO. 1396 RESOLUTION APPROVING CERTAIN MEMBERS OF THE POLICE RESERVE FORCE. WHEREAS, heretofore the Board of Aldermen established a police reserve force for the City by Ordinance Number 2683 (Section 24-51 of the Code of Ordinances) ; and, WHEREAS, the men hereinafter named were appointed by the Chief of Police as members of such police reserve force, and they have completed their training. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The men hereinafter named are hereby approved as members of the police re- serve force of Wichita Falls, in accordance with Section 3(c) of Article 998a, Revised Civil Statutes of Texas, to-wit: Ken McAllister Grady H. Smith Lanny R. Evans Dwaine C. Grant Stephen E. Marchand "J" Wilson Pemberton Frank Quintero Melvin E. Russell Bobby E. Shaver John D. Cullers Moved by Alderman Still that Resolution No. 1396 be passed. Motion seconded by Alderman Boyd. I Alderman Taylor inquired if a reserve policeman is authorized to act alone and/or at any time, or if he is subject to call by the regular police department. Paul Yeager, Director of Public Safety, explained that they would only be called in the event of a special need or emergency, and would be accompanied by a regular police officer, or a supervisor close by. He explained that they have had ex- tensive training, and are qualified to perform police duties. The City Manager explained that the Chief of Police may authorize them to carry weapons , if needed. The motion was carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 5e %! A proposed resolution was presented authorizing the City Manager to execute a water purchase contract with the City of Burkburnett. The City Manager explained that the rate is essentially the same as the contract with Iowa Park. One change is that the City of Wichita Falls agrees to purchase within the 16-inch water line a 6-inch line. The City of Burkburnett will not be utilizing the full capac- ity of this line, and we would be able to allow connections to this line within the area. The estimated cost is $55,000. RESOLUTION NO. 1397 RESOLUTION APPROVING WATER PURCHASE CONTRACT BETWEEN WICHITA FALLS AND BURKBURNETT. i 714 Item 5e, cont'd. 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, providing for the sale of treated water by the City of Wichita Falls to the City of Burkburnett 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. 1397 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 5f A proposed resolution was presented authorizing the Wichita Falls Boys Club to construct a football and soccer complex at Jaycee Park. No lease will be executed. j RESOLUTION NO. 1398 i RESOLUTION GRANTING THE BOYS CLUBS OF WICHITA FALLS, INC. PERMISSION TO CONSTRUCT A FOOTBALL-SOCCER COMPLEX AT JAYCEE PARK. WHEREAS, the Boys Clubs of Wichita Falls, Inc. has requested permission to construct six football and soccer fields. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Permission is hereby granted to The Boys Clubs of Wichita Falls, Inc. to construct the six football and soccer fields at Jaycee Park, subject to the follow- ing conditions: 1. These fields will be constructed at locations approved by the Director of Parks and Recreation, and will be constructed in accordance with detailed plans and specifications approved by such Director. 2. The Boys Clubs of Wichita Falls, Inc. will pay all costs for the construc- tion of these fields. 3. The Parks and Recreation Department will do the surveying and engineering work in consultation with the Boys Clubs. The Parks and Recreation Department will cooperate with the Boys Clubs in obtaining connections for utilities at such fields. 4. When construction of these fields has been completed, they will be main- tained by the Parks and Recreation Department. 5. The use of these fields will be scheduled under the director of the Dir- ector of Parks and Recreation, and first choice for the use of such fields will be granted to the football and soccer programs of The Boys Clubs of Wichita Falls, Inc. When not scheduled for use by the programs of the Boys Clubs, the fields may be scheduled under the direction of the Director of Parks and Recreation for use by others. Moved by Alderman Still that Resolution No. 1398 be passed, commending and sup- porting the Boys Clubs for their contribution to the youth of Wichita Falls. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. 715 Item 6a It was recommended that the low bid for two 6,000 gallon rubber lined steel acid storage tanks and two solution day feed tanks for fluoridation be awarded to G. A. Mosites Company, Fort Worth, in the net amount of $12,612.00. Moved by Alderman Lambert that the bid be awarded as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 6b Bids were considered for operation of various park concessions. It was / recommended that bids be awarded as follows, and that authority be granted to negotiate for an operator at Bridwell Park. a. Scotland Park Buck Ford, .20% gross b. Hamilton Park - Gary Westmoreland, 16% gross C. Coyote Stadium - C. L. Walton, 15% gross Moved by Alderman Lambert that the recommendation be accepted, and bid awards be made as indicated. Motion seconded by Alderman Still, and carried unanimously. Item 7a t Moved by Alderwoman McCullough that minutes of the meeting of the Planning Board held February 14, 1973, be received. Motion seconded by Alderman Still, and carried unanimously. Item 7b Moved by Alderman Campsey that minutes of the meeting of the Data Access Advisory Board held February 14, 1973, be received. Motion seconded by Alderwoman McCullough, and carried unanimously. i Item 7c Moved by Alderwoman McCullough that minutes of the meeting of the Park Board held February 27, 1973, be received. Motion seconded by Alderman Campsey, and carried unanimously. I I Item 7d Moved by Alderman Still that minutes of the meeting of the Aviation Advisory Board held February 21, 1973, be received. Motion seconded by Alderman Campsey, and carried unanimously. Item 8a Mr. Ronnie Rucker presented a land use controls statement to the Council. (Copy attached).. He explained that the committee had met approximately six times and considered problems that we have in our cities. They also studied situations in other cities, and encourage the Council's positive consideration of this. 9 Alderman Boyd stated that he had not had an opportunity to study this matter Pas he desired, and moved that any action on it be tabled until the next council meeting, for further study. Motion seconded by Alderman Campsey. 716 Item 8a, cont'd. Alderman Lambert remarked that it seemed to him that a further delay would serve no particular purpose at this time, since there will be an opportunity at a later date to raise any objections, when an ordinance has been proposed. Gary Batte, District Conservationist with the Soil Conservation Service, ex- plained that they are interest in the type of plan the City is considering be- cause it involves our natural resources. He stated that he believes they have certain information which could be used in this study. He is prepared to con- tinue working with the Planning Board and Committee. The motion to table was lost by the following vote: Ayes : Aldermen Campsey and Boyd Nays : Aldermen Taylor, Lambert, Still, and McCullough Moved by Alderman Lambert that the report be received, and that the recommenda- tions be accepted. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. %r Item 8b City Attorney H. P. Hodge, Jr. , recommended approval of settlement of a law suit, Charles Heath v. City of Wichita Falls. A settlement in the amount of $2,750.00 has been negotiated between Mr. Heath's lawyer and Mr. Hodge. Moved by Alderman Campsey that the settlement be approved as recommended, in the amount of $2,750.00. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 8c Rules of order for the Data Access Advisory Board were considered. Alderman Lambert explained that these rules are basically patterned after the Aviation Advisory Board. No regular meeting date is scheduled at this time because the complete information system has not yet been completed. Moved by Alderman Still that the Council accept the rules set forth by the Data Access Advisory Board. Motion seconded by Alderman Boyd, and carried unanimously. Item 8d Alderman Taylor commented on the sanitary sewer service on Harding Street. In 1968 the sewer bond issue set aside $300,000 for this service. The federal government would furnish 50 percent of the funding. Final estimates proved that $400,000 would be needed, and the federal government only contributed $40,000. As a result, only 100 of the 300 residents were given service. He stated that it is time to do something about this. We now need $215,000 to complete the service, and $90,000 is available in the bond fund. Moved by Alderman Taylor that the Council authorize the City Manager to prepare an appropriation ordinance, setting aside $125,000 from revenue sharing funds in order to complete that unhealthy situation. Motion seconded by Alderman Boyd. It was pointed out that lack of federal funds and increase of costs have been the factors in not completing this service before. This will fully meet all commitments of that bond issue in 1968. The motion was carried unanimously. 717 Item 8e The Griffenhagen-Kroeger position classification and pay plan was discussed. fir Alderman Lambert mentioned that in 1964 a consultant was employed to prepare a position classification and pay plan. In May 1972 this Council authorized the City Manager to enter into a contract to update this plan. The report was com- pleted in November, and has been available to the Council since sometime in Dec- ember. The City Manager prepared some modifications , and the Council recommended other modifications. Alderman Boyd stated that the position classification plan is excellent. He inquired how much money it will cost. It is his understanding that this is not an across the board pay increase, but a new classification and pay plan. Alderman Lambert mentioned three previous across the board pay raises, but this is a differ- ent plan. Some employees will not receive any increase at all. Some will be 10 percent. The average increase is 5.5 percent. Any increase will be affected by how a particular position fits into the new pay plan. The City Manager explained that it will cost $370,000 annually in personal services. The balance for this fiscal year would be $185,000. There are sufficient funds to implement the plan from existing appropriations, except it would be short some $22,000, which would have to come from the unappropriated surplus. Some additions to the resolution were agreed upon and incorporated into it pertaining to revenue sharing funds and the City Manager's salary. RESOLUTION NO. 1399 7 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The Recommended Position Classification and Pay Plan for the City of Wichita Falls, Texas, dated November, 1972, which has been prepared by Griffenhagen-Kroeger, Inc. , as modified by the amendments attached thereto, be and the same is hereby approved, and the City Manager is hereby authorized to adopt the class specifica- tions and salary ranges and to allocate existing positions to the classifications as shown in the allocation list, and to correct all official personnel and payroll records of employees as necessary to reflect the new titles. The City Manager shall have the responsibility in the future for making any changes in the plan which he shall find necessary from time to time. The City Manager is directed to implement the changes which he has recommended in salaries for those open positions in the City staff which are not covered by the Position Classification and Salary Plan, and that the City Manager's salary be set at $28,500. The beginning date for implementation of this resolution shall be April 4, 1973, and that no revenue sharing funds be allocated for this purpose. Moved by Alderman Lambert that Resolution No. 1399 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. ORDINANCE NO. 2774 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED GENERAL FUND TO ACCOUNT NUMBER 011-091-4595, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2774 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None Alderman Boyd mentioned some benches which are appearing all over the City. The City Manager explained that we have a franchise agreement with a firm for 18 locations for bus stop benches. They can be located on public right-of-way. i 718 , The other benches are not located on public right of way to the best of our know- ledge. If any are found on public right of way at locations other than the 18 _--. auth_rized, they are removed by the Traffic Department. Others are located on private property, and the City does not sanction this. The meeting was adjourned at 11:40 A.M. PASSED AND APPROVED this day of March, 1973. Mayor ATTEST: -71 City Clerk ti{Ii1Tl'_.11 PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered itlto as of the 19 day of MARCH 1973, between the City of Wichita Falls, Texas, hereinafter referred to as the "CITY" and the City of Burkburnett, hereinafter referred to as "BURKBURNETT". WITNESSETH : WHEREAS, Burkburnett is a municipal corporation organized and estab- lished under the provisions of the laws of the State of Texas. One of the duties of Burkburnett 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 Burkburnett and to accomplish this purpose, Burkburnett will require a supply of treated 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 Burkburnett shown in the plans of the system now on file in the office of Burkburnett; and, WHEREAS, by Resolution No. 1397 enacted on the 6th day of March , 1973, by the City (Attached hereto as Exhibit "A"), which authorized the City to sell water to Burkburnett; and, WHEREAS, by Resolution No. 0 , enacted on the 19 day of MARCH , 1973, by Burkburnett (Attached hereto as Exhibit "B"), which authorized Burkburnett to purchase water from City; and, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City and Burkburnett mutually agree to the following, to-wit: Section 1. 0: City shall deliver water ("WATER") to delivery point ("DELIVERY POINT") for sale to Burkburnett in sufficient quantities to meet -1- Burkburnett's needs and Burkburnett shall be permitted to take same for resale to 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 ill thc, 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 at an elevated storage tank at Puckett Road and Debbie Drive or at another satisfactory delivery point with apl)L-()v:il of the City and Burkburnett. Section 1.3: Burkburnett shall have the responsibility to transport the Water from the Delivery Point to its consumers, including imparting additional pressure to adequately serve Burkburnett's consumers. Burkburnett shall provide at its own expense necessary transmission and storage from and at the Delivery and/or Metering Point to prevent abnormal demands by Burkburnett. These demands shall be equal to or less than the agreed maximum day, and the maximum hourly rate shall not be more than the maximum day flow divided by 24. A rate of flow controlling valve to control the maximum day and the maximum hourly flow shall be installed and maintained by Burkburnett at their south extraterritorial jurisdiction limit or at another approved location. Section 1.4: Burkburnett shall furnish, install, operate and maintain at its own expense at their south extraterritorial jurisdiction limit line or another approved location, the necessary demand metering equipment, including a meter house or pit, and required devices of standard type for properly measuring and recording the quantity of Water taken by Burkburnett. Type and location of meters shall be agreed to by City and Burkburnett prior to delivery of Water. Burkburnett shall calibrate such metering equipment whenever requested by the City, but not -2- more frequently than once every twelve (12) months. A meter registering not more than two percent (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 corre- sponding period immediately prior to the failure, based on existing records unless City and Burkburnett shall agree upon a different amount. Section 1.5: City shall purchase the equivalent of a six inch (611) capacity in the transmission line from Delivery Point to Metering Point. This purchase shall be accomplished by the City paying to Burkburnett the equivalent cost of constructing a six inch (611) water main from Delivery Point to Metering Point as determined either by bid or the going costs of such construction at the time of bidding. City shall have the right, through its Director of Public Utilities, to authorize connections to the transmission line between Delivery Point and Metering Point (south extra- territorial jurisdiction line of Burkburnett). Section 1.6: Connections to the transmission line by the City as authorized in Section 1.5 shall be made for total water usage up to and including the estimated capacity of a six inch (611) water main (500,000 gallons per day). This amount may be increased or decreased by mutual agreement of both parties. At the time that this ultimate capacity is reached, City may either refuse to authorize further connections into the transmission line between Metering Point and Delivery Point or choose to construct a parallel water transmission/distribution line to serve anywhere between the Delivery Point and Metering Point. If the latter option is chosen, Burkburnett will re- pay to the City the depreciated value of the equivalent six inch (6") water line cost. All connections will then be removed from the Burkburnett transmission line by the City. Burkburnett may also request the removal of City connections by paying to the City the depreciated value of the equivalent six inch (611) water line cost with at least a nine (9) month -3- 2-19-73 notice of such action. Such action may be taken only when such capacity is needed to meet Burkburnett service requirements. The depreciated value of the equivalent six inch (611) water line shall be determined on a straight line basis as follows: the original value shall be the amount paid by City to Burkburnett as provided in Section 1.5 above, and this value shall be depreciated at the rate of 2 % per year from the time Burkburnett starts buying water under this Contract. Section 1. 7: Burkburnett shall be responsible for maintenance of the transmission line from Delivery Point to Metering Point. City shall be responsible to make and maintain connections into the transmission line from Delivery Point to Metering Point; install and maintain meters; read meters, bill and collect based upon the then City water rates. City shall also retain the right to charge and collect pro rata fees for such connections between Delivery Point and Metering Point. City may also request Burkburnett to install fire hydrants on the transmission line be- tween Delivery Point and Metering Point. If such request is made, City shall pay to Burkburnett the cost of such installation; maintain the fire hydrants; and have the use of water from such hydrants for fire fighting purposes. Section 1. 8: Thirty (30) days prior to the estimated date of completion of construction of Burkburnett's water supply distribution system, Burkburnett will notify City in writing the date for the initial delivery of water. Section 1.9: When requested by Burkburnett 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 Burkburnett during construction, for which water Burkburnett will pay City at commodity rate set out hereafter; however, the demand rate will not apply to this water used for testing the system. Section 1. 10: Maximum amount of water to be furnished by City to Burk- burnett will not exceed 133,333 C.F. per day unless a greater amount is approved by City at the beginning of the calendar year. In the event of an emergency, City at any time will consider a request by Burkburnett for an increase in the maximum amount of water to be furnished. The maximum amount of water approved for use for any year shall in no event be greater than the capacity of the -4- Burkburnett transmission pipe line and the then existing capacity of the Wichita Falls water system. Section 2. 0: The cost of Water purchased by Burkburnett shall be based in accordance with the following schedule of rates: Commodity Rate 16�/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 Schedule Total rate is commodity rate plus demand rate. Commodity Rate: 16�/100 C.F. ; 21.33/1000 Gals. Demand Rate: Maximum Day 100% Average Day: 4�/100 C. F. ; 5.33�/1000 Gals. Maximum Day 200% Average Day: 8�/100 C.F. ; 10.67�/1000 Gals. Maximum Day 300%, Average Day: 12�/100 C.F. ; 16�/1000 Gals. Total Rate: Maximum Day 100% Average Day 10 MGD Max. ; 10 MGD Aver. : 20�/100 C.F. ; 26.67�/1000 Gals. 5 MGD Max. ; 5 MGD Aver. : 20�./100 C.F. ; 26.67�/1000 Gals. 1 MGD Max. ; 1 MGD Aver. : 20�/100 C. F. ; 26.67�/1000 Gals. 1/2 MGD Max. : 1/2 MGD Aver. : 20�/100 C.F. ; 26.67�/1000 Gals. Max. Day 200% Average Day 10 MGD Max. ; 5 MGD Aver. : 24�/100 C. F. ; 32�/1000 Gals. 5 MGD Max. ; 2-1/2 MGD Aver. : 24�/100 C. F. ; 32�/1000 Gals. 1 MGD Max. ; 1/2 MGD Aver. : 24�/100 C.F. ; 32�/1000 Gals. Max. Day 300% Average Day 15 MGD Max. ; 5 MGD Aver. : 28�/100 C. F. ; 37.33�/1000 Gals. 7-1/2 MGD Max. ; 2-1/2 MGD Aver. : 28�/100 C. F. ; 37. 33�/1000 Gals. 1-1/2 MGD Max. ; 1/2 MGD Aver. : 28�/100 C. F. ; 37. 33�/1000 Gals. The Demand rate for the period from the initial delivery of water to Burk- burnett to the succeeding January shall be pro rated on the basis of the date of the initial delivery of water. The Commodity and Demand rates are subject to modifi- cation 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 per- formance of the Contract. The minimum monthly bill when no water is used will -5- be the monthly demand charge. The demand will be billed monthly on the basis of the highest maximum day during the current or preceding eleven (11) months. In the event that water loss from a break in the transmission main should cause a day to be the maximum day for the purpose of establishing the demand rate, an adjustment of the demand rate for that year will be negotiated by City and Burkburnett. Section 2.1: The City will read the Burkburnett meter on the first day of each month during the term of this Contract. Burkburnett and City shall have free access to read meters daily, if they so desire. The City will provide Burkburnett no later than the 10th day of each month, with an itemized statement of the amount of water metered to Burkburnett during the preceding month. Burkburnett shall pay to the City the amount of the itemized statement for any month not later than the 15th day of the succeeding 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 Burkburnett. 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 Burkburnett. City may cancel this Contract at any time during the life of the Contract in the event Burkburnett fails to make any payment due hereunder within sixty (60) days after same becomes due; or if Burkburnett breaches any covenant herein other than payment of the monthly statement, and such breach continues for sixty (60) days after City gives Burkburnett written notice hereof. Section 4. 0: Burkburnett 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 Burkburnett, Burkburnett will continue to provide Water to such con- sumer until the City is able to extend its own water distribution system to provide such consumer with Water. Section 5. 0: Burkburnett 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 Burkburnett and others in existence at the time of executing this -6- Contract, copies of which are attached, Burkburnett shall not sell Water to any other private or governmental party for resale to third parties. No connections to the transmission main shall be allowed within the city limits or extraterritorial juris- diction of Wichita Falls without approval of the Director of Public Utilities. Section 5. 1: It is distinctly understood between parties hereto that City owes its 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 Burkburnett'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 G. 0: This Contract is subject to such rules, regulations, or laws, as may be applicable to similar agreements in the State of Texas; the City and Burk- burnett will collaborate in obtaining such permits, certificates, 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 Burkburnett, Burkburnett 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 with Article 4477-1 Vernon's Annotated Civil Statutes. Section G. 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 system is made. The City shall also have the right to suspend delivery of Water in the event Burkburnett 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 -7- delivery of Water without first notifying Burkburnett in writing of such non-compliance and affording Burkburnett a reasonable opportunity to correct such non-compliance. Provided, further, in no event shall the City suspend delivery of water to any portion of Burkburnett'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 Burkburnett. Section 8. 0: In the event of any occurrence rendering the City of Burk- burnett incapable of performing under this Contract, any successor of Burkburnett, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of Burkburnett 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: QP44�%A ITY MAN GER ATTEST: City Clerk CITY OF BURKBURNETT, TEXAS By: MAYOR ATTEST: City Secretary -8- RESOLUTION. NO. RESOLUTION APPROVING WATER PURCHASE CONTRACT BETWEEN WICHITA FALLS AND BURKBURNETT. 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, providing for the sale of treated water by the City of Wichita Falls to the City of Burkburnett is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 6TH DAY OF MARCH, 1973. M A Y 0 R ATTEST: City Clerk l ,I { I j RESOLUTION �I RESOLUTION APPROVING WATER PURCHASE CONTRACT BETWEEN WICHITA FALLS AND BURKBURNETT . BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BURKBURNETT, TEXAS: I That certain water purchase contract, a copy of which is i attached hereto, providing for the sale of treated water by the City of Wichita Falls to the City of Burkburnett is hereby ap- proved, and the City Mayor is authorized to execute the same for the City of Burkburnett. PASSED AND APPROVED THIS THE % DAY OFi2rrLt , i 1973 . it M A Y O R ATTEST : 1r� -City Clerk I� i { I I i i i i i i I i i i i i I I i