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Min 07/31/1981 i 86 Wichita Falls , Texas Memorial Auditorium Building July 31 , 1981 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls , Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Gene Shearman Q John W. Hampton Carol Russell Aldermen Curtis W. Smith James B. Thomas Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Director of Finance The invocation was given by Alderman Thomas. Item 3 Moved by Alderman Thomas that minutes of the meeting held July 7, 1981 , be approved. Motion seconded by Alderman Boston, and carried unanimously. Item 4a A proposed resolution was presented suspending the operation of the proposed rate schedules filed by Lone Star Gas Company. RESOLUTION NO. 2817 RESOLUTION SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY LONE STAR GAS COMPANY FOR A PERIOD OF 120 DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Lone Star Gas Company did, on June 29, 1981 , file a schedule of rates for gas service within the City of Wichita Falls, to become effective August 4, 1981 ; and, WHEREAS, it is the opinion of the Board of Aldermen of the City of Wichita Falls that such schedule of rates should be suspended for a period of 120 days from and after August 4, 1981 , for further study, investigation, presentation of evidence and public hearings; and, WHEREAS, a copy of this resolution has been provided Lone Star Gas Company prior to its consideration by the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Pursuant to Section 43 (d) of the Public Utility Regulatory Act of Texas , the operation of the Lone Star Gas Company proposed rate schedules filed with the City of Wichita Falls on June 29, 1981 , is hereby suspended for a period of 120 days from and after August 4, 1981 , for further study, investigation, presentation of evidence and public hearing. Moved by Alderman Thomas that Resolution No. 2817 be passed. 87 Item 4a, cont'd. Motion seconded by Alderman Shearman. Alderman Shearman stated that after studying the 1980 and 1981 quarterly re- ports of Enserch, the parent company of Lone Star Gas, he finds it hard as a ser- vant of the people, to ask the working taxpayers to spend their hard-earned dollars for a rate consultant. He read excerpts from these reports. It was noted that Enserch has paid its 148th consecutive dividend. Alderman Shearman stated that it seems that they want to penalize the citizens of Wichita Falls for an act of God-- a mild winter, and for doing the very thing they preached--conserve energy. If we had a hard winter he wonders if they would offer the citizens of Wichita Falls a rate refund? He suggested that the answer would be a probable No. He noted that the financial condition of Enserch looks good, but felt we should bite the bullet and stop inflation now. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None City Manager Stuart Bach stated that he feels we can have more input by taking action at the local level , instead of delegating it to Austin. Item 4b A proposed resolution was presented approving and authorizing the City Manager to enter into an extraterritorial agreement with the City of Lakeside City. RESOLUTION NO. 2818 RESOLUTION APPROVING AGREEMENT WITH LAKESIDE CITY APPORTIONING OVERLAPPED AREA OF EXTRATERRITORIAL JURISDICTION. WHEREAS, on the effective date of Chapter 160, Article I of the Acts of the 58th Legislature (Article 970a) , the area under the extraterritorial jurisdiction of Lake- side City was completely overlapped by the area under the extraterritorial jurisdiction of Wichita Falls, and the governing bodies of the two cities desire to apportion this overlapped area by mutual agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain extraterritorial apportionment agreement, a copy of which is attached hereto, between Wichita Falls and Lakeside City is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 2818 be passed. Motion seconded by Alderman Thomas. Robert K. Roach, attorney for Lakeside City, explained that the shaded area of the map contains ten houses down Shoreline Drive. It also contains a convenience store at Bowman Road and Highway 79. Alderman Shearman asked who owns all of this shaded area? It is owned by individual land owners. He stated that he represents Lakeside City and Bill Buchanan, who has a subdivision in the shaded area. Alderman Shearman clarified information on who prepared certain petitions at Lakeside City. Jimmy Horany stated that he had appeared on July 7 on behalf of several property owners at Lakeside City. He stated that George Adams owns 110 acres. This property will be under the jurisdiction of Lakeside City if this is adopted. If this plan goes into effect, Wichita Falls will not have any control over it. He stated that this dispute started in 1973. The City of Wichita Falls could not agree with Lakeside City at that time on extraterritorial jurisdiction. A suit was filed by Frank Douthitt, attorney for Lakeside City. The intent, as pointed out by Alder- man Hampton, was to let Lakeside City have one-tenth of the acreage around its cor- porate limits. Mr. Horany's complaint is that this settlement will let Wichita Falls have jurisdiction right up to the property lines around the lake. i 88 Item 4b, cont'd. Alderman Thomas noted that he could not understand what was so bad about George Adams building houses or apartments out there? Mr. Horany stated that the City of Wichita Falls would have no control over it. Alderman Thomas pointed out that this land has been vacant out there for many years. If there is uncertainty, things do not move. If people know where the jurisdiction is , then he will see things moving out there. City Attorney H. P. Hodge , Jr. , stated that the City of Wichita Falls can ex- ercise its rights of ownership. Mayor Jon Rivkin, of Lakeside City, stated that he knows the City of Wichita Falls cannot give them shoreline jurisdiction. They know where Lakeside City can only grow, and the Council decided this agreement is best for both parties. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays : Alderman Shearman Item 4c A proposed resolution was presented authorizing publication of notice of intent to issue certificates of obligation associated with financing the solid waste trans- fer station. RESOLUTION NO. 2819 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CER- TIFICATES OF OBLIGATION OF THE CITY OF WICHITA FALLS, TEXAS, FOR SOLID WASTE TRANSFER STATION IMPROVEMENTS. WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . Attached hereto is a form of "Notice of Intention to issue Cer- tificates of Obligation of the City of Wichita Falls, Texas, for solid waste trans- fer station improvements" , the form and substance of which are hereby adopted and approved. SECTION 2. The City Clerk shall cause said Notice, in substantially the form attached hereto, to be published once a week for two consecutive weeks in a news- paper of general circulation in the City, the date of the first publication to be at least fourteen (14) days prior to the date tentatively set for the passage of the Ordinance authorizing the issuance of such Certificates of Obligation. Moved by Alderman Thomas that Resolution No. 2819 be passed. Motion seconded by Alderman Boston. City Manager Stuart Bach explained that the market is in very bad shape at this time. Harold McEnroe, of the First Southwest Company in Dallas, recommended that we sell general obligation bonds in September, and refund it with the certificates of obligation. He estimated an interest rate of 10 3/4 percent if we were to sell at this time. He suggested shortening the payment schedule to 15 years instead of 20. The City Manager pointed out that the Council has the option to reject the bids if the market is not favorable. We will be filing a notice of intent, and trying to place the certificates of obligation with our local bank. If the bids are accept- able, we will be refunding the certificates of obligation with the bonds. If the interest rates are too high, the bids can be rejected and we will continue with the certificates of obligation and continuing paying on them. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None 89 Item 4d A proposed resolution was presented authorizing the City Manager to execute a contract to prepare a plan for the disposal of digested sludge. RESOLUTION NO. 2820 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BIGGS & MATHEWS, INC. FOR ENGINEERING SERVICES CONCERNING SLUDGE HANDLING PROBLEMS AT THE MAIN WASTEWATER PLANT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS THAT: That certain contract, a copy of which is attached hereto, between the City and Biggs and Mathews, Inc. , whereby such consulting engineers will perform engin- eering services concerning sludge handling problems at the main wastewater plant in the City, is hereby approved, and the City Manaqer is authorized to execute the ;same for the City of Wichita Falls. Moved by Alderman Russell that Resolution No. 2820 be passed. Motion seconded by Alderman Smith. Alderman Thomas stated that this is a textbook first-year engineering problem. He stated that in Engineering 103 you would learn to do these things. Why we should hire Ed Biggs to do this is a mystery to him. This is something that our people already know. It is foolish, and a waste of the City's money to pay $5,000 to get it done for something the City should do. Joe Smith, Director of Public Utilities , stated that the Environmental Protec- .tion Agency has applied certain regulations on us that our people are not capable of doing. The EPA states that we are applying too much sludge on the landfill . The Biggs and Mathews report will show us how much we can apply, as well as some alternate solutions. The City Manager explained that Joe Smith and his staff could do it, but it would take them away from other projects. Alderman Thomas stated that Mr. Smith will tell Mr. Biggs the volume of sludge, and other factors ; that he will be giving him the in- formation he will work with. Mr. Bach stated that they hope to get out of this some better cost-effective ways to dispose of our waste. We have already been cited by the Health Department. Alderman Hampton noted that the $5,000 is only the fee for the engineer, and not for other costs involved. He feels we owe it to the citizens of that area to find out if there is a better solution to the problem than dumping it in their back yards or front yards as we are now. Perhaps a third party, not a city employee, could come up with a better solution. The City Manager stated that we could get some other ideas that our staff would not come up with, and also because of the workload. Alderman Shearman stated that even though we have the same laws governing elec- tronics, that technology has changed, and they have to go to schools on it in order to keep up with it. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, and Boston Nays : Alderman Thomas Item 5a A proposed resolution was presented awarding the bid for the renovation of the city hall annex at Seventh and Bluff Streets. y RESOLUTION NO. 2821 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH POTEET AND OLIVER, INC. , PROVIDING FOR RENOVATION OF CITY HALL ANNEX. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 90 Item 5a, cont'd. There is hereby approved , and the City Manager is authorized to execute for the City of Wichita Falls , a contract with Poteet and Oliver, Inc. , providing for the renovation of the City Hall Annex. This contract shall be substantially in form of the draft attached hereto. Moved by Alderman Thomas that Resolution No. 2821 be passed. Motion seconded by Alderman Hampton. Chuck Dunham, Architect, recommended that safety glass be used in Alternate No. 4, and that in Alternate No. 3 that signage be provided on all doors. This will be handled as a change order. i The motion was carried by the following vote: Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 6a The City Manager introduced Ed Barrett to the Council , as the new Director of Administrative Services. Alderman Hampton asked for an explanation of what Mr. Lillard was referring to on land title problems with the landfill and access road. The City Manager stated it is a difficulty with the title company in getting title information. The Board of Aldermen adjourned at 9:20 A.M. PASSED AND APPROVED this /ff/"ay of t 1981 . —� Mayor ATTEST: City Clerk i EXTRATERRITORII ;, JURISDICTION APPORTIONMENT AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA This agreement is made and entered by and between the City of Wichita Falls , Texas , a municipal corporation acting herein by and through its duly authorized officers, authorized by its Board of Alder- man, and the City of Lakeside City, Texas, a general law city, acting herein by and through its duly authorized officers, as authorized by its City Council. W I T N E S S E T H : WHEREAS, the City of Wichita Falls, Texas, is a home rule city having its corporate limits in Wichita and Archer Counties, Texas , and the City of Lakeside City, Texas , is a general law city, having its corporate limits in Archer County, Texas; and, WHEREAS, Wichita Falls had a population of more than Fifty Thousand (50,000 ) but .less than One Hundred Thousand ( 100, 000 ) inhabi- tants as of the 1980 United States Census, and has as its present cor- porate limits those limits described in the map thereof on file with the City Clerk of the City of Wichita Falls ; and, The City of Lakeside City, Texas, had a population of less than Five Thousand (5 ,000) inhabitants as of the 1980 United States Census,, and has as its corporate city limits those limits described in field notes thereof incorporated in the Order of Incorporation of the City of Lakeside City, dated September 9 , 1963, a certified copy of which was recorded October 3, 1969 in Volume 331 , Page 283 of the Deed Records of Archer County, Texas, which said city limits have been further expanded by annexation ordinances on file with the City Clerk of the City of Lakeside City, Texas; and, WHEREAS , Wichita Falls is owner in fee of those certain lands lying in the lakebed of Lake Wichita, a lake located in Wichita and Archer Counties, Texas bordering the southern city limits of the City of Wichita Falls and the northern city limits of the City of Lakeside City, Texas, said lands being described in Exhibit "A" attached hereto and incorporated herein fully by reference; and, -1- WHEREAS, by reason of ArticlE 970(a) of the Texas Revised Civil Statutes, known as the Municipal Annexation Act, enacted by the 58th Legislature, in 1963, the extraterritorial jurisdiction of the City of Wichita Falls extended three and one-half miles from the then existent City limits of the City of Wichita Falls, and the extraterritorial jurisdiction of the City of Lakeside City, Texas, extended one-half ( 1/2 ) mile from the then existent corporate limits of the City of Lakeside City, Texas ; and, WHEREAS, the extraterritorial jurisdiction allotted under Article 970 (a) to the City of Lakeside City overlaps the extraterri- torial jurisdiction allotted under the Article 970(a) to the City of Wichita Falls as of the effective date of the Municipal Annexation Act, referred to above, and as of this date; and, WHEREAS, the lands in the lakebed of Lake Wichita, owned by the City of Wichita Falls, lie wholly within the extraterritorial juris- diction of the City of Wichita Falls, and lie partially within the extraterritorial jurisdiction of the City of Lakeside City; and, WHEREAS, the City of Wichita Falls and the City of Lakeside City desire to apportion their respective extraterritorial jurisdictions by mutual agreement; NOW, THEREFORE, in consideration of the foregoing premises, and in consideration of the mutual promises and covenants, terms and conditions provided herein, the parties agree as follows: ARTICLE I APPORTIONMENT The City of Wichita Falls and the City of Lakeside City hereby agree that henceforth there shall be apportioned to the City of Lake- side City, as portions of its extraterritorial jurisdiction, that area and tract described in Exhibit "B" (Archer County lands) , it being stipulated and agreed that said areas shall henceforth be exclusively within the extraterritorial jurisdiction of the City of Lakeside City and that all other areas and tracts of land not incorporated therein but included within the extra territorial limits of the City of Wichita Falls , (including the Lake Wichita lands described in Exhibit "A" ) shall be apportioned to the City of Wichita Falls and shall henceforth be within the exclusive extraterritorial jurisdiction of the City of Wichita Falls. The City of Wichita Falls hereby waives any right to -2- extend its extraterritorial jurisdic '.ion to include any parts or portions of the lands thus apportioned to the City of Lakeside City; and, the City of Lakeside City hereby waives any right to extend its extraterritorial jurisdiction to include any lands or areas outside of the lands apportioned to it under this agreement. ARTICLE II VALIDATION OF PRE-EXISTING ANNEXATION By ordinance dated the 11 day of July, 1972 , the City of Lake- side City has heretofore annexed (or extended its city limits to in- elude that tract and parcel of land described in Exhibit "C" attached hereto and incorporated herein fully by reference, which said area was within the extraterritorial jurisdictions of both the City of Wichita Falls and the City of Lakeside City at the time of annexation, and said annexation having been made without notice to the City of Wichita Falls. The City of Wichita Falls hereby waives and relinquishes any right or claim which it has or may have had that the annexation was in any manner invalid or improper, it being stipulated and agreed that such area now lies within the extraterritorial jurisdiction apportioned to the City of Lakeside City hereunder. The City of Wichita Falls fur- ther agrees to waive any claim or objection to annexation by the City of Lakeside City of any other areas within the extraterritorial juris- diction apportioned to the City of Lakeside City hereunder; provided, however, that such waiver and relinquishment of claim shall not be con- strued as a waiver of any right or interest to the City of Wichita Falls to challenge, object, or oppose; 1 . Any annexation by the City of Lakeside City prior to the date of this agreement of any area outside of the extra territorial jurisdiction apportioned to the City of Lakeside City; or, 2 . To any annexation by the City of Lakeside City in the future of any lands or area outside the extraterritorial jurisdic- tion apportioned to the City of Lakeside City hereby. ARTICLE III MISCELLANEOUS 3 .01 . Effective Date. This agreement shall become effective upon adoption thereof by the City of Wichita Falls and the City of Lakeside City by appropriate ordinance or resolution by their respec- -3- tive governing bodies and execution lereof by their duly authorized officers. 3. 02. Entire Agreement . This agreement contains the entire agreement between the parties relating to the rights herein granted ed and the obligations herein assumed. Any oral representations or modifica- tions concerning this agreement shall be of no force or effect except subsequent modification in writingsigned b the p g Y parties sought to be charged. 3.03. Texas Law to Apply. This agreement shall be construed under and in accordance with the laws of the State of Texas. 3. 04 . Venue. All obligations of the City of Wichita Falls created hereunder are performable in Archer County, Texas . A obliga- tions of the Cityof Lakeside City hereunder are 11 Y Performable in Wichita County, Texas. EXECUTED this' ay of 1981 . TY OF WICHITA FALLS BY: CITY OF LAKESIDE CITY BY: THE STATE OF TEXAS § COUNTY OF. WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally a authorized Y appeared duly municipal corporation, known of to the etCit Of Wichita Falls, Texas, ,a and name is subscribed to the foregoing instrument andnacknnowledgertohmee that the same was the act of the said City of Wichita Falls, a munici- pal corporation, and that he executed the same as ci- cipal corporation for the the act of such muni- purposes and the therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the April, 1981. day of My Commission Expires: Notary public, in and for Wichita County, Texas THE STATE OF TEXAS § COUNTY OF WICHITA § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared authorized of the City OffLakesside City, Tex duly municipal corporation, known to me to be the Texas, name is subscribed to the foregoing instrument and acknowledged person and officer whose that the same was the act of the said City of Lakeside City, g to me pal corporation, and that he executed the same as the act of suchnici- cipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. muni- GIVEN UNDER MY HAND AND SEAL OF OFFICE this the %pril, 1981. day of [y Commission Expires: Notary public, in and for Wichita County, Texas EXHIBIT "A" TO EXTRATERRITORIAL JURISDICTION APPORTIONMENT AGREEMENT CITY OF WICHITA FALLS AND CITY OF LAKESIDE CITY (LAKE WICHITA LANDS) All of the lakebed of Lake Wichita, Wichita and Archer Counties, Texas, circumscribed by the water line of said lake when "even full" and level with the top of the present spillway at an elevation of 980 . 7 feet above sea level . Page 1 of 1 EXHIBIT "B" (ARCHER COUNTY LANDS ) TO EXTRATERRITORIAL JURISDICTION APPORTIONMENT AGREEMENT CITY OF WICHITA FALLS AND CITY OF LAKESIDE CITY All that certain tract and parcel of land consisting of 315. 98 acres more or less, lying and being situated in Archer County, Texas, described as follows: BEGINNING at the Northwest corner of the Bowman Cemetery, being a point in the South line of the city limits of the City of Lakeside City, Texas , according to the Order of Incorporation dated September 9 , 1963 and recorded in Volume 331 , Page 284 of the Deed records of Archer County, Texas; THENCE in an Easterly direction with and along the South boundary _line of e the city limits of the City of Lakeside City as described in the Order of Incorporation as fol- lows , East 500 feet along the North boundary line of said cemetery tract to the Northeast corner of said Bowman cemetery tract; THENCE South 362 feet to a point 10 feet South of the South right of way line of old County road; THENCE East, parallel with and 10 feet South of, South right of way line of old County road f 3 feet to a point in the center of bridge road; ins old cCo�nty ,288 THENCE in a Northeasterly direction parallel with and 10 feet South of the South right of way line of said old County road, a distance of 1 , 985 feet to corner; THENCE East parallel with and 10 feet South of South right of way line of old County road a distance of 3, 000 feet to intersection with the West right of way line of State Highway No. 79; THENCE in a Southwesterly direction with and along the West right of way line of State Highway No. 79 to the intersection with the West line of Harvey Cox Survey, Abstract 67 Archer County, Texas; THENCE in a Northerly direction with and along said West- ern line of the Harvey Cox Survey to the intersection of such Westerly line with the shoreline of Lake Wichita when even full and level with the present spillway at an elevation of 980 . 7 feet above sea level ; THENCE with and along the shoreline of Lake Wichita in a Northeasterly direction to the intersection of the shore- line and the present South line of the city limits of the City of Lakeside City, Texas; THENCE East with such city limits line to the place of beginning. Page 1 of 1 EXHIB',_r "C" TO EXTRATERRITORIAL JURISDICTION APPORTIONMENT AGREEMENT CITY OF WICHITA FALLS AND CITY OF LAKESIDE CITY A tract of land out of the H . Cox Survey, A-67, Archer County, Texas and being more specifically described by metes and bounds as follows: BEGINNING at a fence corner for the intersection of the North right-of-way line of a public road and the East right-of-way line of a public road (the Southerly exten- sion of Shoreline Drive) , said corner bears South 430 14 ' East 4085. 6 feet from the Northwest corner of the said H . Cox Survey, said corner being the Southwest corner of the George Adams lands and the Southwest corner of the herein described tract; THENCE North 000 25 ' West 1087 feet along a fence line for the East right-of-way line of a public road (the Southerly extension of Shoreline Drive) to a point in the South right-of-way line, of an old County Road and the South City Limits line of the City of Lakeside City, Texas, for the Northwest corner of this tract; THENCE North 890 35 ' East 912 feet along the South right- of-way line of said old County Road and the South City limits line of the City of Lakeside City, Texas, to a point in a North-South fence line for the Northeast cor- ner of this tract; THENCE South 000 25 ' East 857 feet along said North-South fence line, being the East line of the Georqe Adams lands and the West line of the Albert Finkler lands to a fence corner in the North right-of-way line of State Highway 79 for the most Northerly Southeast corner of this tract; THENCE South 500 12 ' West 330 feet along a fence line for the North right-of-way line of State Highway 79 to a fence corner in the North right-of-way line of a public road for the most Westerly Southeast corner of this tract; THENCE South 890 55 ' West 657 feet along said fence line for the North right-of-way line of public road to the place of beginning and containing 22. 15 acres, moxe or less. 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