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Min 04/24/1967 1028 Wichita Falls, Texas Memorial Auditorium Building April 24, 1967 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 7:30 o'clock P.M. , with the following members present : R. C. Rancier Mayor R. Kenneth hill X S. M. Lyons Z James M. Davis X Aldermen Leroy Daniel X Cletus Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Max Kruger Absent The invocation was given by Alderman Davis. Mayor Rancier welcomed A/2C Jack E. Boyster as a special guest from Headquarters Squadron Section STTC, Sheppard Air Force Base. Airman Boyster is a member of the City's adopted Squadron, and was selected as airman of the Quarter. Item 3 Moved by Alderman hill that the minutes of the meeting held April 10, 1967, be approved. ?Motion seconded by Alderman Schenk, and carried unanimously. J Item 4 Mr. Bill Reed, Vice President and General (`tanager of Cummins Supply Company, located at 206 Fort Worth Street, appeared with a request to remove the curb at his business. He stated he was also speaking in behalf of Pete Estes. He stated that previously they had agreed to a modification of the curb, but changed their minds later. At the time, they felt it was all they could accomplish, and at the same time did not have the cost to tear out this curb and make the modifications. He stated it would cost $1,186.00 to tear out the curb and make the modifications, and $886.00 to tear out the curb, resurface the driveway, and not put the modified curb in. Fie stated that he felt his business had definitely been hampered by in- stallation of the curb. Fie stated when they moved into the building four years ago they had already signed a contract for three years, and the curb was not there, He stated that the property manager handled this matter at that time, and told them there would be adequate access, and no curb would be installed. .Fie stated that a greater part of their business is transacted at times when traffic is not at the heaviest. He stated they do have access to the rear of their building, but that Dallas Street is in bad condition. They feel that by eliminating the curb the street is made a little wider. Mr. Reed summarized his remarks by saying that the curb is a deterent to their business, and would like to remove it at their expense. Alderman Schenk asked Mr. Reed that in the event an exception was granted if he would be willing to put the curb back in later if it turned out to be a traffic hazard. Mr. Reed stated he would not want to go on record as saying they would put it back in, but they would work out something on it. Mayor Rancier thanked Mr. Reed for presenting his views, and stated they would take it under advisement. Item 5 An appropriation ordinance was presented, transferring funds in the amount of $6,209.20 from the water and sewer fund to account 81-103-5309 for water main extensions. 1029 Item 5 cont'd ORDINANCE NO. 2321 AN ORDINANCE TAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO ACCOUNT NUMBER 81-103-5309, AND DECLARING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2321 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays : None Item 6a a d / ORDINANCE NO. 2322 AN ORDINANCE CHANGING THE NAME OF CUL-DE-SAC STREET, A STREET ItiITHIN THE CITY OF WICHITA FALLS, TEXAS, TO,GLADNEY CIRCLE; AND REPEALING ALL ,ORDINANCES, OR PORTIONS THEREOF, IN CONFLICT HEREWITH. Moved by Alderman Daniel that Ordinance No. 2322 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays: None Item 6b J ORDIiNANCE NO. 2323 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF AVENUEM, LYING BETWEEN BLOCK 12 OF COUNTRY CLUB ESTATES, FIRST SECTION, AND CAMELOT SUBDIVISION AND RESERVING A UTILITY EASEMENT. Moved by Alderman Daniel that Ordinance No. 2323 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes : Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays: None Item 6c ✓ ORDINANCE NO. 2324 AN ORDINANCE CLOSING AND ABANDONING A ONE BLOCK LONG ALLEY IN BLOCK ✓ 226, ORIGINAL TOWNSITE OF THE CITY OF WICHITA FALLS, TEXAS, AND RES- ERVING A UTILITY EASEMENT. Moved by Alderman Hill that Ordinance No. 2324 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays: None v Item 6d Dr. Charles Parker, Director of Wichita Health Unit, explained that they had been having some problems with septic tank cleaners discharging waste from their trucks at improper locations, and recommended passage of an ordinance to regulate the cleaning of septic tanks. r / ORDINANCE NO. 2325 AN ORDINANCE REGULATING THE CLEANING, DRAINING OR FLUSHING OF ANY SEPTIC TANK OR ANY OTHER TYPE OF SEWAGE DISPOSAL SYSTEM WITHIN TIIE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS; PROVIDING FOR THE ISSUANCE OF LICENSES FOR 1030 Item 6d cont'd THE PERFORMANCE OF SUCH ACTS OR SERVICES AND PRESCRIBING THE FEES AND TERMS OF THE LICENSES; PROHIBITING THE EMPTYING OR CLEANING OF EQUIPMENT USED IN PERFORMING SUCH ACTS OR SERVICES IN ANY PLACE OTHER THAN AS DES- IGNATED BY THE DIRE-'CTOR OF THE WICHITA FALLS CITY-COUNTY HEALTH DEPARTMENT; j MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING SEPTIC TANKS OR SEWAGE DISPOSAL SYSTEMS EXCEPT IN THOSE INSTANCES IN WHICH A CON- FLICT EXISTS; PROVIDING FOR A PENALTY CLAUSE; PRESCRIBING A SAVINGS CLAUSE; PRESCRIBING A SAVINGS CLAUSE; AND FIXING THE EFFECTIVE DATE OF THE ORDINANCE. Moved by Alderman Schenk that Ordinance No. 2325 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays : None Item 6e e. John J. Roark, Director of Public Works, gave a brief summary of the proposed electrical ordinance, stating that it included modifications necessitated by the request of the Board of Aldermen at their meeting on February 31, 1967. ORDINANCE NO. 2326 AN ORDINANCE REGULATING THE INSTALLATIONS, USE AND MAINTENANCE OF ELECTRICAL SYSTEMS, WIRING AND APPARATUS ON ANY PREMISE, STREET, ALLEY OR ROADWAY WITHIN THE CORPORATE LIMITS OI: THE CITY OF WICHITA FALLS, TEXAS, CREATING A BOARD OF EXAMINERS, THE OFFICE OF ELECTRICAL INSPECTOR AND PROVIDING FOR THE LICENSE OF MASTER ELECTRICIAN, INDISTRIAL E•'LECTRICIAN, JOURNEYMAN ELECTRICIAN, MAINTENANCE ELECTRICIAN, REGULATING APPRENTICES, TRAINEES, AND HELPERS, PRO- VIDING FOR INSTALLATION AND MAINTENANCE REQUIREMENTS, PROVIDING FOR EXEMPTIONS, PROVIDING FOR AND FIXING PENALTIE'S FOR THE VIOLATION HEREOF AND PROVIDING AN EFFECTIVE DATE•. Moved by Alderman Daniel that Ordinance No. 2326 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays: None Item 7a RESOLUTION NO. 703 WHEREAS, on March 13th, 1967, the Commissioners Court of Wichita County, Texas appointed E. C. Black, and Dr. Philip A. Carpenter as Directors of the Wichita County- City of Wichita Falls, Texas, Hospital Board to serve for two year terms of office from April 1st, 1967. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such appointments by the Commissioners Court of E. C. Black and Dr. Philip A. Carpenter be and the same are hereby confirmed. Moved by Alderman Schenk that Resolution No. 703 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen }-till, Lyons, Davis, Daniel, Kruger, and Schenk. Nays: None Item 7b J RESOLUTION NO. 704 WHEREAS, Dr. D. Clifford Burross has heretofore served the City of Wichita Falls, as a member of the Board of Aldermen of this City for a period of six years, from April, 1961 until April, 1967; and, 1031 Item 7b cont'd WHEREAS, during his tenure Dr. Burross was elected president of the Texas Municipal League, in which office he performed services which will bring benefits to Wichita Falls .and all other cities in Texas for many ,years to come;_:and, WHEREAS, for this six year period he dedicated himself to the service of his community and its citizens, with the utmost knowledge and ability concerning municipal government and affairs; and, WHEREAS, he has recently completed his term of office. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT by this resolution there is hereby expressed to Dr. D. Clifford Burross the appreciation and recognition of the people of the City of Wichita Falls for his unslefish contributions and his honorable and distinguished services to the citizen- ship of this City as a member of the Board of Aldermen. BE IT FURTHER RESOLVED that Dr. D. Clifford Burross be granted his choice of either a life membership in the Punicipal Golf Club of Wichita Falls, Texas, or a life estate in a lot for a cabin site on the shores of Lake Arrowhead, in apprec- iation of his services, which choice shall be expressed in writing to the Director of Parks and Recreation. BE IT FURTHER RESOLVED that an exemplified copy of this resolution be present- ed to Dr. Burross and the original hereof be recorded in the minutes of this meeting. Moved by Alderman Lyons that Resolution No. 704 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes : Mayor Rancier, Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays: None Item 8a Mr. Ed Daniel, Director of Parks and Recreation, stated that only one bid was received for ball park concessions at Spudder, Scotland, Bridwell, Hamilton, and Loch Lomand ball parks, for the year beginning May 1, 1967. Although the number of games played the past two years has been approximately the same, the sum bid has been dropping each year, and lie recommended that Mr. llalton's bid of ! $850.00 be rejected, and that he be authorized to readvertise for bids. Mr. C. Leonard Walton appeared, stating that some of the games have been lost since little league baseball began playing games at Kiwanis and Jaycee ball parks. He also stated that business hadfallen off each year, and that 30 percent of his sales last year came from the Wichita Falls Invitational Tournament. Mr. Daniel complimented Mr. Walton on his operation of the concessionaire in the past. He also explained that the same number of teams will be playing this year as last ,year. Leagues began their play on this date in all parks except Spudder. Moved by Alderman Daniel that the one bid be rejected, and Ed Daniel be given authority to obtain quotations and award the contract. Motion seconded by Alderman Schenk, and carried unanimously. Item 8b Award of the bid for bridge and roadway across East Bay Lake Arrowhead was considered. Due to change of slope on the embankment, the bids were recalculated. H. P. Bodge, Jr. , City Attorney, stated that it was his opinion that the lowest and best bid should be accepted. Moved by Alderman Schenk that the low bid of Heber Brantley of Vernon, Texas, � be accepted in the amount of $130,540.00. Motion seconded by Alderman Hill, and carried unanimously. 1032 Item 9 Joe Smith, Director of Public Utilities, requested permission to advertise for bids for water system improvements 1967-A, which includes a booster station, 11,000 feet of 20 inch main, and an elevated tower to serve the north portion of the City. r Moved by Alderman Davis that authority be granted to advertise for water works r improvements as requested. Motion seconded by Alderman hill, and carried unanimously. r Item 10 Joe Smith, Director of Public Utilities, requested approval of Change Order No. 1 to E. L. Dalton and Company contract for water and sewer facilities to I.D.I. in the amount of $4,900.00. This amount is for compaction required by the Texas Highway Department, and for two extra manholes required due to relocation of part of the onsite sewer. City Manager Jack Davis stated that the City would recover this entire amount. Moved by Alderman Daniel that Change Order No. 1 to E. L. Dalton contract be approved in the amount of $4,900.00, and that the City Manager be authorized to execute same. Motion seconded by Alderman Lyons, and carried unanimously. Item 11 r` Moved by Alderman Schenk that the minutes of meetings of the following boards and commissions be received. a. Electrical Advisory Board - April 11, 1967 b. Traffic Commission - April 11, 1967 i' c. Planning Board - April 12, 1967 t ' Motion seconded by Alderman Davis, and carried unanimously. Item 12a The developer of Tanglewood Hollow Addition requested the Planning Board to �t waiver the sidewalk requirements for that addition. The Planning Board gave its approval; however, City Manager Jack Davis and Jim Thornton, Director of Planning, recommended that the subdivision regulations be made to apply in this area, since f it is a new subdivision. Mr. Thornton stated that a meandering routing of sidewalks through the area to protect the trees would not detract from the atmosphere of the area. Don Whan, of 1806 Ridgemont Drive, spoke in favor of the sidewalk requirement, stating if one owner is required to have it, then all owners in the same subdivision should have it. Moved by Alderman Schenk that the request for waiver of sidewalks be denied. Motion seconded by Alderman Hill, and carried unanimously. City Manager Jack Davis requested that the Planning Department re-study the sidewalk ordinance to work out a more definable policy. The Council agreed to this request. Item 12b j Sale of water from Lake Arrowhead to the Scotland Water Supply Corporation was considered. City Manager Jack Davis recommended sale to them at five cents per 1000 gallons of water for the first 67 acre feet per annum (21,835,000 gallons). d Mr. Horany, of Archer City, Attorney for Scotland Water Supply Corporation, stated that the water permit granted them a right to the use of this water, and felt it was the intent that the City of Scotland be given 67 acre feet of water free of charge. 1033 Item 12b cont'd Mayor Rancie:r explained that the charge of five cents per 1000 gallons was just to recover the cost of impoundment; that it would not be fair to the citizens of Wichita Falls to ,allow them to take water free of charge for impoundment. There was no question that they were entitled to receive 67 acre feet. Mr. Sledge, an engineer for Joe Ward, stated he had used the figure of five cents per thousand gallons in his computations. City Manager Jack Davis recommended that they be allowed another 67 acre feet ; also that the water should be metered at the point where it is taken from the source of supply. A motion was made and seconded to defer the matter for further negotiations, but was withdrawn. Moved by Alderman Davis that rates be set at five cents per thousand gallons for the first 67 acre feet to which they have rights; that rates for the second 67 acre feet be set at fifteen cents per thousand gallons, but all above that be at a negotiated price; also, that the contract be accepted with the provision that Scotland Water Supply Corporation, at their expense, place a meter at the point of intake, or some acceptable substitution deemed acceptable by the City Manager. Motion seconded by Alderman Hill, and carried unanimously. RESOLUTION NO. 705 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHTIA FALLS. TEXAS: THAT the water purchase contract between the City of Wichita Falls and Scotland Water Supply Corporation, a copy of which is attached hereto, is hereby approved, and the Mayor is hereby authorized to execute the same for and .on behalf of the City of Wichita Falls, Texas. Moved by Alderman Schenk that Resolution No. 705 be passed, embracing the amendments made to the contract. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk. Nays: None Item 12c City Manager Jack Davis requested that auditors be appointed for the 1966-67 audit. He also recommended that a study be made in the data processing system ` concerning computerizing some additional work regarding the chart of accounts which would reduce the cost later on. f Moved by Alderman Schenk that the firm of Jarratt, Toombs, Tillery, and Cocke, be appointed as the 1966-67 auditors. Motion seconded by Alderman Davis, and carried unanimously. Moved by Alderman Schenk that the auditing firm be authorized to invest- igate the cost, and advise the City of additional cost to put certain information on the computer. Motion seconded by Alderman Lyons, and carried unanimously. Item 12d Moved by Alderman Schenk that water reimbursement contract payments in the amount of $5,155.06, and sewer payments in the amount of $1,923.72, be approved for a total amount of $7,078.78, as follows: Robert Seabury Real Estate, Water, Sun Valley Addition, Sections 1 $ 2, from March 1, 1966 to March 1, 1967; $2,592.37 International Paper Company, Water, Southwidns Estate Addition, Section 1, from March 1, 1966 to March 1, 1967; $2,562.69 International Paper Company, Sewer, Southwinds Estate Addition, Section 1, from March 1, 1966 to March 1, 1966; $850.94 1034 Item 12d cont'd Robert Seabury Real Estate, Sewer, Sun Valley Addition, Sections 1 & 2, from March 1, 1966 to March 1, 1967; $762.08 E. E. Cloer, Inc. , Sewer, Dittoe Heights Addition #2, from April 9, 1966 to April 9, 1967; $310.70 Motion seconded by Alderman Daniel, and carried unanimously. Item 12e Proposed annexation of a service station site at U.S. 287 and Windthorst Road, and Expressway East Industrial District, Units I and II, requires that a public hearing be held to enable all interested persons to be heard. Ii. P. Bodge, Jr. , City Attorney, requested that such a hearing be called on May 8, 1967. r Moved by Alderman Daniel that a public hearing be held on May 8, 1967 at the meeting of the Board of Aldermen as requested. Motion seconded by Alderman Schenk, and carried unanimously. Item 13 The Board of Adjustments and Appeals previously approved an extension to a build- ing at the corner of Harrison and Speedway to within 15 feet of the property line. The Council requested that an investigation be made into the safety factors. Mr. x l Roy Wilshire, Traffic Engineer, reported that it should not create a serious traffic hazard. After some discussion it was moved by Alderman Schenk that the matter be tabled until the City Attorney studies the code to see whether the Council has authority to make a decision over the Board of Adjustments and Appeals. Motion seconded by Alderman Hill, and carried unanimously. Mayor Rancier announced that a vacancy exists on the Citizens Advisory Committee. Ile recommended the appointment of E. IV. Moran, Jr. to take the place of Joe Prothro. Moved by Alderman Ifill that E. W. Moran, Jr. , be appointed to the Citizen's Advisory Committee. Motion seconded by Alderman Schenk, and carried unanimously. Mayor Rancier expressed appreciation to Mr. Prothro for his service on the committee. Moved by Alderman Schenk that the meeting be adjourned. Motion seconded by Alderman Hill, and carried unanimously. The Board of Aldermen adjourned at 10:20 P.M. PASSED AND APPROVED this day of 7�� , 1967. 4d 1� Mayor 43 ATTEST: i City Clerk,' THIS CONTRACT for the sale and purchase of water i-- ontcroj Ono as of tho j"Y 02 1967 , between the City of Wichita Falls, Texas, hereinafter rcfcrrc& to as the "City" , and Scotland Water Supply Corpora- tion, hereinafter referred to as the "Corporation" . W 1 T N E S S E T H: WHEREAS, the Corporation has been organized and es- tablished under the provisions of Art. 1434 A of the Code of V.A.T.S . for the purpose of constructing and operating a water supply distribution system serving water users within the area described in plans now an file in the office of the Corpora- tion and to accomplish this purpose, the Corporation will re- quire a supply of raw untreated water, and, WHEREAS, the City owns a water reservoir, Lake Arrow- head, with a capacity capable of serving the present customers of the City system and the estimated number of water users to be served by the said Corporation as shown in the plans of the system now on file in the office of the Corporation, and, WHEREAS, by Resolution 5?65 , enacted on lith day of September, 1961, by the City, (Copy of Exhibit "A" attached hereto) , which authorized the town of Scotland the right to divert and use of the waters from the Halsell Reservoir (Lake Arrowhead) a total of 67 acre feet per year, and, WHEREAS , the Scotland Water Supply Corporation will operate a Water System, and serve the community of Scotland, Texas and its immediate area, and, 30ard of Dirwcto�s of nq on L C'4, 0 E na -U,t on G-1-- . t'Ic cxcc G:-_ 0 0- 0-s gn_�t C Secretary (or o-c_hc_-:: dcs_Jc:ia­c,:7 'VI a S cUly 4 r-17-7771-C77,1,07-17 4 in consideration of the foregoing and mu­Lual agreements hereinafter set forth, A. THE CITY AGIR2ES : To PormJt 'a Scotland Watzer Supply Corporation Giver- and and take 1314 acre fect Of raw water per annum fro. Lake Arrowhead, at the intake and pumping site, as shown in plans of the Corporation, for the use of its consu:-Lcrs, and the coi-c,I-aunity of Scotland, Texas. It is -further provided, that said Coz-ooration will pay to the a,City the rate of $ .05 perL L 000 gallons for the first67 acre feet Of untreated raw water pu-mped from said Lake Arrowhead, by the Corporation in any one yea::, and at the rate of $ . 15 per 1000 gallons for the sect;d 67 acre feet puraped from the ' ake in the same year. feet L -I- 2 . (METE.RII,,_,,G EQUIPMEYII) The Corporatilon shall furnish, install, operate-, and 4 i I C_ 1. CA a t- its own expense at the pumping site, the necessary 4 GC7 _Lnc-1 _­ -ousz or p— t , and 7 ud - e a r d,z;vices of standard for -Properly :L.cas-a:f_-' ng c�U a li'c _E_V of w-�-L-_cr puraped by 'she Cor-Loorat-.ion and to calibrate such ncj Cq�ul-3:-LI'Zint whcnev2r requestcd b\/ the Cit/ :'OZ �-'10::'E! 4_-Ilai'i once every twelve '7 2' I,ont_hs . A mo_-'^(2; an 'two p�-rcen-L': (24 -­00ve 0-- b(E Iow C.7 C, (1. 2) 7 V].0�.:. '�v .;L'.C:. J n - cc 1.-)orcCni'age of inaccuracy �-OUnC. ry SUC "1 tC: f ` :11 LO rcgls'�Cr ":Or aiiV per lod, t'C am0u1-1 Gf Wa-L'-C:r f-C,"y n: L,-c(a G:;rl ili such period C O-ca,Cd ­.O :)0 'ChC ;Gi.:nt of wu-'"C:: puiT,70 In C0rrCSpOndlnC- pCrIOQ i.li,.CCaia cly rrior to i:te Unless Ci-.V and CorporaMoil Jnal- agic:e upon a diffCr- c:i:G ii , Tie li.CtCrliig CCyuipi.,Cii Baal. be read on January S O eaC:l VCar dUrlllg 1 e 'yCr'M G.L CnIs Con,--ac .. J. `:7iL.uii�V i R GCEDt:tE J To furnish the Secretary (appropriate official) of -c Cor'Joratlon, at Scotland, Texas, nor- later than t c 5tn day 0- anuary of eaC:l year, with an 1teMiZeC stall^ ent Of thc of Water pumped by the Corporation during the proceeding VCar. 3. 2l.-IZ CORPORATION AGREES 1. (RATES AND PAYMENT T,2)A 1`��EN 1 DAB L 1 To pay t.te City nG"t later that. the 20-h day of January of each year, for water pumped in accordance with the foi-lowing schedule of rates : a. $ .05 per 1000 gallons of water, for the first 67 acre feet per annum. per 1000 gallons for water in excess of '07 acre feet- per annam, up to i3�� acre i_..,C%. C. .L ri IS �,'uri I��_�7i_� ;.✓t_u .0 ADJT V C .ZiED BETWEEN y.72 CiIDY A�D ..O TION AS EO J" G�lS 1. (TE--Vi 0 ' CONT:ACT j I. at this cone-race s-ia-i I extend iGr a of 4:0 yTa::s -17=-, t:.e date Gf 1 pumping of any water by the CGr- `�GrctiGi, and, i1aV be re..CWCC" Or extended for sued Or zcr, i,s, aS :.ay o agr.-cd i:1pon by t-he City and Cor` or--'Cion. 2 . (DELIVERY Oi WA`i E 1j 1 L wiI.L r.oLj`_`-Y hc C I* NtiIr l ',-I C 4 n Of wator. 3 . (M 0 D 1_F 1 C A 0 0 2 CO`�T!',.'C'__') . TIL-lat r o\1 4 S 0 S Z j s cc--'- t rac L C a i n n t 0 L_.L L sc,-.c U L0 Oi --atcs "0 be pal C Or-,D or anon f::0 r w_7 t ea r C C; V- are subjcc- .jo 4 -Z 4 C e e n 0 eVery YC r tlh f a `mac r 0d. A _JnCl:,:�asc Or decrease ir. rates s'nall le _a on G. e 4 r dccraasc cos-�'-_s of pe-for- ,__'OnS L-L -.-.crease o norcun--,:l-, Zut- such costs shall not include I' licreaSed capl-ZLI- Z- On 0 Z";-I p C 4 --y Sys, e-n Other prowLsions Of th.S_s co..t- -ac- maV Ze -mod]_ffied or altered Zy rL-,ut a u.1- a g r e em C.-L I-L 'EG- -%TO'- AG EP N C I S jL. Ry T I-I a-L- k-.7 4 S Contract iS sub j ect- -L'.o such rules, regu lat ionS Or a%v s. as -lay z c applicable to sl:Llllar a c.,r c c r L,c.,a t s in tale State 0--:L:: r-'exas, and t'laa City and Corporation will collaborate in ol- ' aJn`Lng such porias, cert-"Jcates, or the like, as may be re- qui-red to co.-aply herewit.'I. 3 . (�-C!C:]-7 -,\-EOUS' .11at tIL-Le construction off 'the water supply distribution sys-C-c.-,i by the Corporation is being furnished by a loan -frop.-L (or a loan insured by' the 4;Pied -a' -_L 1) S o" Amorica, act4n" tl,rougfL t.-ic 2armcr ' s 'H-cme .11dmin'; stra-Lzicn of: the United S-a:azes of: AgriculLure, and t7L-Ie provis-'Lons hereof per-C-CaLn- L O-= I- C Corp r ar .Lnc� to Ur.aer _a Cc_ _n o "_ L ID- State ' rectf o n. c approval,p r o v a I, �n wriL­-Ig, Of the _L or o L Texas, o f t1-.c '_-a c r ' s H o TL-L e '1 dr,L i n 4L s""r a"-i o n. Simailarly, anv racdi -, ca- 01' -.1-C; provisions o--:- -L--h-Ls contract, including any incr-z--se C ' d a Z C_'S -Z-0 'LOa- by -LaC COr'00=-4oi- for SC�'.CaUle (D___ .-D Ln oJ:_: wa­_cr s­- upon Lh a -Dr 0: a w r- z- n c.,, o f S"at c 1: C'E'D OZ Texas o ff t e ar:iter s -i 0:-L" i 6. (SUCCESSOR TO T.IE CORPORATION) That in the event of any occurrence rendering t :e -or- poration incapable of performing under this contract, any suc- cessor of the Corporation, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of t:ie Corporation hereunder. 7 . (PLEDGE OF CONTRACT) This contract may be assigned. to the United States of A;-,erica as security for a loan or loans made to the Corporation by the United States of America through Farmer ' s Home Adminis- tration. 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, TZZAS By: R. C. Rancier, Mayor ATTEST: City Clerk SCOTLAND WATER SUPPLY CORPORATION By: President ATTEST: Secretary This contract is approved on behalf: of the F arn'aer ' s iYomo Aamin- istration this day of 1967 . G \- 5 - 652 CITY' 0"' SCOTL-,;D, Tzy"'S ZES31LUTTCN NO. 465 t,.-iercas, the '-itly of Wichita ialls, is contemplating building a Dam on the l'ittle WicY.ta River at a site commonly known as the Haisoll Site, and; Texas, anticipates that it may in tZ-i�3:'MS, the town of Scot-Land ' thG future require water from the Little Wichita River for its fresh water supply, and; ,%H 'REAS, it is anticipated t U that - he 1970 or 19EO population of - Scotland will be 500 people., who will require 67 acre feet of water per year, and; W=-9,'S the Board of ,,-Idcrmen of the of Wichita'a Fail s desires to help insure an adequate supply of fresh water to the town of Scotland. N07.,17, BE IT R-SOLVED BY THE BCARD OF OF THE CITY OF Ti:-.'L',�jTITA FAL1,S) TEAS, THAT- T',-.e City of 1',T:Lchita Falls, in consideration of the people of Scot-land's cooperation in a;)Pllyin- for a permit authorizing the con- struc-,:on of such reservol- V.L agrees t-at the town of Scotland shall have tuine right to divert and use of the waters of the State of Texas from the Halsell reservoir on the Little Wichita River a total of 67 acre feet of water per yearn PASSED AND APPROVED THIS r11HE lith day of September., 1961. /s/ Kenneth Johnson May o r A. City Clerk E)CHI--3 T r rr 07-y. ... �. �r„ ,a :;;.. ::; v_t.. ...+ _.�c:: i:..�;:..�,..;J ••O1^;;i�Gi.:.J:Iy ::1 fiv:l+ ''. '+�'.1.:_.lr "�"'f)V•. .+.a::ii� CJ�"., .....ai<<. a....iJ-!' ..i:., s.11'%: Q ~ 4 t.,..., J l- Cori:-, 1-"C•1. 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