Min 01/17/2012 347
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
January 17, 2012
Item 1
The City Council of the City of Wichita Falls, Texas met in regular session on the
above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m.,
with the following members present.
Glenn Barham - Mayor
Dorothy Roberts-Burns - Mayor Pro Tern
Michael Smith - Councilors
Annetta Pope -
Rick Hatcher -
Tim Ingle -
Mary Ward -
Darron Leiker - City Manager
Miles Risley - City Attorney
Myrna Marks - Deputy City Clerk
Mayor Barham called the meeting to order.
Item 2a
Reverend David Crawford of Fain Presbyterian Church gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Mayor Barham informed that the City of Wichita Falls and surrounding communities had
the distinct honor to be named as the Community with the Best Military Base Relations across
the country this year. Wichita Falls was one of seven cities that applied for this award. Mayor
thanked the Sheppard Military Affairs Committee who works diligently year round to improve
the conditions and to recruit new missions to Sheppard Air Force Base. He also thanked the
citizens who treat our airman and military personnel with the undying respect they deserve.
Item 3
William McKinney, 1101 Williams Avenue, provided brief history on the
approach to his driveway which needs to be repaired. Public Works Director provided
information regarding the approach as well. He will contact Mr. McKinney.
Item 4
Minutes of the January 3, 2012 Regular Council meeting were approved as
distributed.
348
Item 5a
ORDINANCE NO. 02-2012
Ordinance Appropriating $42,826 To The Special Revenue Fund For the Ryan
White Part C Grant for the Early Intervention Program And Authorizing The City
Manager To Execute A Contract And All Other Documents Necessary To
Receive Said Funds From Tarrant County For The Wichita Falls-Wichita
County Health District Pursuant To Said Grant
Moved by Councilor Hatcher that Ordinance No. 02-2012 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 5b
ORDINANCE NO. 03-2012
Ordinance Authorizing The City Manager To Execute All Necessary
Documents To Settle Refugio Lopez-Salas, And Gabriela C. Lopez,
Individually and On Behalf Of The Estate Of Yeni Judith Lopez Contreras,
Deceased, And As Next Friends Of Haram A. Lopez Contreras, A Minor, And
Arturo Montoya And Gloria Montoya, Individually And On Behalf Of The
Estate Of Gloria Montoya, Deceased Minor, vs. City Of Wichita Falls, Civil
Action No. 175,873-B; Declaring The Settlement To Accurately Represent All
Potential Parties To This Suit; Declaring Ernesto Briano Velazquez To Be The
Father Of The Unborn Child Of Yeni Lopez Deceased In Accident Described In
The Aforementioned Lawsuit; And Appropriating $500,000 Of Funds From
General Fund Reserves For Settlement Of Said Case
At this time Mayor moved Item 8a up and went into Executive Session to
discuss this item.
Item 8a
City Council went into Executive Session at 8:48 a.m. in accordance with Texas
Government Code 551.071.
City Council reconvened at 9:08 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 5b resumed
At this time City Council resumed Item 5b.
Moved by Councilor Smith that Ordinance No. 03-2012 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 6a
RESOLUTION NO. 03-2012
Resolution Authorizing The Purchase Of 4 Outdoor Warning Sirens, Upgrade
Components For 8 Existing Units, And 44 Narrow Band Conversion Kits For
Radios From American Communication In The Amount Of$147,243.60
Moved by Councilor Roberts-Burns that Resolution No. 03-2012 be passed.
349
Item 6a continued
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 6b
RESOLUTION NO. 04-2012
Resolution Authorizing Expenditure By The City of Wichita Falls Police
Department From The Seized Funds Account In The Amount Of $77,223.73
For The Procurement Of Various Items Not Included In The FY 2011 / 2012
General Fund Budget
Moved by Councilor Ward that Resolution No. 04 -2012 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 7a
There were no Staff reports.
Item 7b
Council members brought up the following matters.
Councilor Pope:
a) Asked about the City's process for handling water Ieaks..Mr. Jim Dockery and Mr.
Russell Schreiber explained the process.
Councilor Ward:
a) Thanked the Police Department for investigating the gunshots in a District 5
neighborhood.
Councilor Smith:
a) Town Hall meeting in District 1 January 31st at 7 p.m. at Ben Franklin Elementary
School.
b) Air travel changes next month -jets will begin to fly to and from Municipal Airport.
Councilor Hatcher:
a) Harlem Globetrotters will be at MPEC January 31st. Mr. Bob Sullivan gave a
listing of events at MPEC.
Councilor Ingle:
a) Requested a follow-up on the engineering issues to relating to the trail on Barnett
Road in front of McNeil Jr. High School. Mr. Russell Schreiber will look into this.
Councilor Roberts-Burns:
a) Martin Luther King. Prayer Breakfast Saturday, January 21st ; General Rice is
the featured speaker.
Mayor Barham:
a) General Rice is the Air Education Training Commander and oversees 304,000
people.
b) Regarding the settlement discussed this morning, Council has discussed that issue
numerous times in executive sessions, and this decision, although it was not an
easy one to make it is in the best interest of the City that we do this and get this
350
Item 7b continued
resolved. The Police Department has cooperated fully with Department of Public
Safety and we have held nothing back from them. We have no control when this is
presented to the Grand Jury or the District Attorney; it is out of our hands, as it
should be. Hopefully this subject will be closed at this point.
Item 8a-b
City Council went into Executive Session at 9:35 a.m. in accordance with Texas
Government Code Sections 551.071 and 551.087.
City Council reconvened at 10:31 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 11
City Council adjourned at 10:31 a.m.
PASSED AND APPROVED this_7th day of_February 2012.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern •°
Michael Smith, District 1 _
Annetta Pope-Dotson, District 2
Rick Hatcher, District 3
Tim Ingle, District 4 °mom c
T e x A s Mary Ward, District 5
B/tt�Skie,Cr�/denO��ettun��ir�,.
Darron Leiker, City Manager
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium,
1300 Seventh Street, Tuesday, January 17, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend David Crawford, Pastor
Fain Presbyterian Church
(b) Pledge Of Allegiance
3. Comments From The Public To Members Of The City Council Concerning
Items That Are Not On The City Council Agenda. People Wishing To
Address The Council Should Sign Up Prior To The Meeting Commencing.
A Five Minute Time Frame Will Be Adhered To For Those Addressing Their
Concerns.
4. Approval Of Minutes Of The January 3, 2012 Regular Meeting Of The Mayor
And City Council
REGULAR AGENDA
5. Ordinances
(a) Ordinance Appropriating $42,826 To The Special #04
Revenue Fund For the Ryan White Part C Grant for the
Early Intervention Program And Authorizing The City
Manager To Execute A Contract And All Other
Documents Necessary To Receive Said Funds From
Tarrant County For The Wichita Falls-Wichita County
Health District Pursuant To Said Grant
(b) Ordinance Authorizing The City Manager To Execute All #05
Necessary Documents To Settle Refugio Lopez-Sa/as,
and Gabriela C. Lopez, Individually and on behalf of the
Estate of Yeni Judith Lopez Contreras, Deceased, and
as next friends of Haram A. Lopez Contreras, a Minor,
and Arturo Montoya and Gloria Montoya, individually
and on behalf of the Estate of Gloria Montoya, deceased
minor, vs. City of Wichita Falls; Civil Action No. 175,873-
B; Declaring The Settlement To Accurately Represent All
Potential Parties To This Suit; Declaring Ernesto Briano
Velazquez To Be The Father Of The Unborn Child Of
Yeni Lopez Deceased In Accident Described In The
Aforementioned Lawsuit; And Appropriating $500,000 Of
Funds From General Fund Reserves For Settlement Of
Said Case
6. Resolutions
(a) Resolution Authorizing The Purchase Of 4 Outdoor #06
Warning Sirens, Upgrade Components For 8 Existing
Units, And 44 Narrow Band Conversion Kits For Radios
From American Communication In The Amount Of
$147,243.60.
(b) Resolution Authorizing Expenditure By The City of #07
Wichita Falls Police Department From The Seized Funds
Account In The Amount Of $77,223.73 For The
Procurement Of Various Items Not Included In The FY
2011 12012 General Fund Budget
7. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
8. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or
contemplated litigation or other matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Texas Open Meetings Act (including, but not
limited to, legal issues related to Refugio Lopez Salas, et al vs. City
CITY COUNCIL AGENDA
PAGE 2 OF 3 PAGES
of Wichita Falls and legal issues related to City acquisition of parcels
of land on Lawrence Road and Call Field Road).
(b) Executive Session in accordance with Texas Government Code §
551.087, to discuss or deliberate the offer of a financial or other
incentive to a business prospect that the City Council seeks to have,
locate, stay, or expand in or near the territory of the City of Wichita
Falls and with which the City and/or economic development
corporations created by the City are conducting economic
development negotiations (including, but not limited to, Economic
Development Prospect Update).
9. Adjourn
Wheelchair or handicapped accessibility to the meeting is possible by using the
handicapped parking spaces and ramp located off the east parking lot on the Sixth Street
entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other
special needs will be provided to any person requesting a special service with at least 24
hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System
devices are available at the City Manager's reception area or you may call 761-7404 for
inquiries.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a
subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City
Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions,
ordinances, and other actions concerning any word, phrase, or other subject may be voted upon,
regardless of any language of limitation found in this agenda or any document referring to such action.
Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item
which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation,
any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest
of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such
without further notice. Any item on this agenda may be discussed in executive session if authorized by
Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless
of any past or current practice of the City Council. Executive sessions described generally hereunder
may include consideration of any item otherwise listed on the agenda plus any subject specified in the
executive session notice. Executive sessions described generally hereunder are closed meetings, may
include consideration of any item otherwise listed on the agenda plus any subject specified in the
executive session notice, and may include items under Texas Government Code Sections 551.071,
551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the day of
2012 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
PAGE 3 OF 3 PAGES