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Min 12/16/197555 Wichita Falls, Texas Memorial Auditorium Building December 16, 1975 Item 1 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 9 :00 o'clock A.M. , with the following members present: J. C. Boyd, Jr. Mayor Hardy McAlister X Dr. Guillermo Garcia X Bill E. Gowan X Aldermen Joe N. Prothro X Lonny Morrison X Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas Deputy City Clerk Item 2 The oath of office was administered to Lonny Morrison for Alderman Place 5, by Deputy City Clerk Wilma Thomas. Item 3 Former Mayor Max Kruger was honored. Mayor Pro tem Peggy McCullough cited Sara Kruger as the same warm, gracious, genteel person as her husband, Max. She noted that there is a cliche which says that behind every successful man there is a woman. She saluted Sara Kruger with a flower as a woman who stands not behind her husband, but beside him, as she has done all these years. City Manager Gerald Fox presented a plaque and scrapbook of his years of service to Mr. Kruger, noting that he was on the Council who hired him. Colonel Cadou, Vice Commander at Sheppard Air Force Base, also presented a plaque from the men and woman at Sheppard in appreciation for his support of the base. Angus Thompson, on behalf of the Community Action Corporation, presented a certificate of appreciation to Mr. Kruger for his contributions as a member of the Board of Directors of CAC. Mayor J. C. Boyd presented a book to Mr. Kruger entitled, The Mountain of the Lord. Inside the book was the original letter of resignation, and a certificate of appreciation signed by members of the Board of Aldermen and City Staff who had worked with him. Max Kruger stated that he is very grateful for the privilege of serving the City of Wichita Falls and its citizens. It is quite a honor to have been on the Council and to serve as Mayor. He stated that Wichita Falls is a wonderful town. A ten minute recess was called to allow those persons in the audience to greet the Krugers. The meeting resumed at 9:35. Item 5a A proposed ordinance was presented amending the Code of Ordinances regarding certain building code requirements. Ernest Lillard explained that we have a couple of conflicts in the subdivision ordinance and building code. These changes will clarify or remove these conflicts so that they can be administered without any conflicts. Alderman Morrison proposed a change in Paragraph (d) which was adopted. 56 Item 5a, cont'd. ORDINANCE NO. 3042 ORDINANCE AMENDING SUBSECTION (1) OF SECTION 7-15 OF THE CODE OF ORDINANCES, ESTABLISHING BUILDING SETBACK LINES. Moved by Alderwoman McCullough that Ordinance No. 3042 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None. Item 6a A proposed resolution was presented naming election officials and polling places for the special municipal election to be held January 17, 1976. RESOLUTION NO. 1750 RESOLUTION NAMING POLLING PLACES AND APPOINTING ELECTION OFFICERS FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD JANUARY 17, 1976. WHEREAS, the Board of Aldermen has heretofore called a special election to be held on January 17, 1976 on the question of the repeal of Ordinance No. 3022 and the repeal of Ordinance No. 1703 (codified as Sections 2-51 through 2-54 of the Code of Ordinances) . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The said election shall be held at the following named places with the follow- ing persons as Presiding Judges and Alternate Presiding Judges within the follow- ing Precincts , to-wit: (The voters residing in the corporate limits of Wichita Falls within the County Precinct Numbers given herein vote in the City Boxes as shown below.) VOTING PLACES & JUDGES - MUNICIPAL ELECTION, JANUARY 17, 1976 COUNTY JUDGE CITY PRECINCT AND BOX NUMBER POLLING PLACE ALTERNATE NUMBER 1 & 2 Wichita County Courthouse Mr. Manual Navarrete 1 7th and Lamar Mrs. Edith Langley, Alternate 3 & 4 Lamar School Mrs. Bob Wise 2 2206 Lucas Mrs. La Nora Taylor, Alternate 5 & 50 McGaha School Mrs. Ellen R. Wages 3 1615 Midwestern Pkwy. Mrs. Pete Graham, Alternate 6 & 43 Ben Franklin School Mr. Henry Anderson 4 2112 Speedway Mrs. J. Morris Robinson, l Alternate 7,40 & 54 Washington Kindergarten Mr. C. E. Jackson 5 600 Flood Mr. C. C. Durkee, Alternate 8 Fain School Mrs. A. D. January 6 1404 Norman Mrs. Al Flack, Jr. , Alternate 9 & 11 Reagan Jr. High School Mrs. A. H. Hulsey 7 1104 Broad Mrs. Louisa Scott, Alternate 10 & 15 Alamo School Mrs. Patti Faye Gentry 8 1912 11th Mrs. Fred Martin, Alternate 57 Item 6a 12, 31, 48 Texas Highway Department Hq. Mr. Horace Downing 9 58 & Boxes 1601 Southwest Parkway Mr. A. C. Comstock, Alternate 9 & 15 - Lake Arrow- head 13, 26, 27 & 61 Fannin School Mrs. Mozelle Laseman 10 710 Burk Road Mrs. Jim Barnes Smith, Alternate 14 & 45 Crockett School Mrs. Steve Marchand 11 3015 Avenue I Mrs. J. W. Wallander, Alternate 16, 57 & 59 Rider High School Mrs. George D. Elliott 12 4611 Cypress Mrs. Peggy Gentry, Alternate 17 & 47 Technical Training Center Mrs. R. B. Dodd 13 1609 Blonde Mrs . Cecil Pitt, Alternate 41 Huey School Mrs. D. L. Chancellor 14 1513 North 6th Mrs. Gladys Moore, Alternate 18, 42 & 46 Hirschi High School Mrs. D. A. Shook 15 3106 Borton Lane Mrs. W. W. Hoffmeyer, Alternate 19 & 44 Wichita Falls High School Mr. Jim Farmer 16 2149 Avenue H Mrs. C. A. Wainscott, Alternate 20 & 22 Zundelowitz Jr. High School Mrs. I. C. Presson 17 1706 Polk Mrs. Mary Brown, Alternate 21 & 53 Harrell School Mrs. Claude Harris 18 3115 5th Street Mrs . Charles Rippetoe, Alternate 23, 24 & 25 Sam Houston School Mrs. George Stracener 19 2500 Grant Mrs . Charles Box, Alternate 30 & 51 Barwise Jr. High School Mrs . E. E. Wood 20 3807 Grant Mrs. Joe Steele, Alternate 52 Ben Milam School Mrs. John Penn 21 2906 Stearns Mrs. Bernice Knightstep, Alternate 55 & 56 Cunningham School Mrs. Titus Mitchell 22 4107 Phillips Mrs. Sarah Lewis, Alternate The presiding judge for each precinct shall appoint such clerks, not less than two (2) nor more than four (4) , as he deems necessary for the proper conduct of the election. The Chief of Police shall post a properly executed copy of this resolution, order and notice at the places where the election is to be held, such notice to be posted at least thirty (30) days before the date of said election. Moved by Alderman Prothro that Resolution No. 1750 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, Morrison, and McCullough Nays : None. Item 6b was withdrawn from the agenda. Item 7a Bids were considered on Mercury vapor light fixtures for TESCO Park. 58 Item 7a, cont'd. Moved by Alderman Morrison that the low bid for lights be awarded to People's Lighting Center in the amount of $9,254.40, and that the low bid for bulbs be awarded to United Electric Company in the amount of $2,025.60. Motion seconded by Alderman Gowan, and carried unanimously. Item 7b Bids were considered on backhoe and front end loader for Water Distribution. It was recommended that the low bid be awarded to Cessco Rental and Supply, Wichita Falls, in the amount of $11,696.60. Moved by Alderman Prothro that the bid be awarded as recommended. Motion seconded by Alderman McAlister, and carried unanimously. Item 8a Permission was requested to advertise for bids for construction of restrooms at TESCO and Jalonick Parks. Moved by Alderwoman McCullough that authority be granted to advertise for bids as requasted at TESCO Park. Motion seconded by Alderman Gowan, and carried unanimously. Moved by Alderman Garcia that authority be granted to advertise for bids as requested at Jalonick Park. Motion seconded by Alderman Gowan, and carried unanimously. Item 9 Moved by Alderman Prothro that minutes of the meetings of the following Boards and Commissions be received. a. Bicentennial Commission - November 20, 1975 b. Board of Electrical Examiners - December 9, 1975 c. Board of Adjustments & Appeals - December 10, 1975 Motion seconded by Alderwoman McCullough, and carried unanimously. Item 10a Moved by Alderman Gowan that the following appointments be made. a. Airport Advisory Board (3-year terms) Ruth Renton - appointed for a term to expire December 31, 1978. C. 0. Morgan - reappointed for a term to expire December 31, 1978. i Major Gary L. Willman - reappointed for a term to expire December 31, 1978. b. Park Board (3-year terms) Gordon Walker - reappointed for a term to expire January 1, 1979. Dr. Annie Jo Dupree - appointed for a term to expire January 1, 1979. Cliff Robertson - appointed for a term to expire January 1, 1979. Tommy C. Robinson - appointed for a term to expire January 1, 1978. c. Wichita Falls - Wichita County Board of Health (2-year terms) Dr. R. D. Riddle - appointed for a term to expire January 1, 1978. Dr. J. V. Scofield - appointed for a term to expire January 1, 1978. d. Traffic Commission (3-year terms) Harold Thomas - reappointed for a term to expire December 31, 1978. Dr. Bedford Furr - appointed for a term to expire December 31, 1978. Roger Lee - reappointed for a term to expire December 31, 1978. Truman Lewis - appointed for a term to expire December 31, 1976. 59 Item 10a, cont'd. e. Data Access Control Board (2-year terms) Mike Fisher - reappointed for a term to expire December 31, 1977. Mrs. Barbara Glickman - reappointed for a term to expire December 31, 1977 f. Bicentennial Commission Dr. Nita Akin, Jimmy Marks, Mrs. Jimmy Marks, Bob Miks, Colonel Bruce Buechler, and Alanson Brown. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 10b Discussion was held on the employment of McGinnis, Lochridge, and Kilgore to represent the City before the Texas Water Rights Commission in Arrowhead Ranch Estates matter. City Attorney H. P. Hodge noted that the minimum fee will not apply if the matter is disposed of at a preliminary hearing, but that we will pay them a fee acceptable to both parties . If the minimum fee does not apply, the figure would be less. A preliminary hearing will be held on December 18. Alderman Morrison commented that based on the specialization of this firm he would not quarrel with the hourly charge, but he does not understand the rationale of a minimum fee. Moved by Alderman Prothro that the agreement be approved as specified. No second to the motion was received. The City Attorney stated that he feels the services of this firm will be very valuable to the City, and will help us in future contracts and negotiations. He felt that the fee might be something more than just a straight hour fee. Alderman Gowan stated that he feels we are paying this $5 ,000 for their exper- tise and experience in this field. Alderman Morrison stated that he feels the firm is an excellent choice. Moved by Alderman Morrison that we defer consideration of our permanent relationship with this firm until after the preliminary hearing, and ratify the agreement if it is disposed of to pay a fee acceptable to both of us. Motion seconded by Alderwoman McCullough, and carried unanimously. The City Manager clarified with Alderman Morrison that his concern with the firm on a permanent basis is only on the minimum fee. Item lla The subject of employee fringe benefits was introduced. Moved by Alderman Prothro that the entire subject of employee benefits be tabled until a work session after May 31, 1976, so that recommendations can be included in the budget for 1976-77. Motion seconded by Alderman McAlister, and carried unanimously. Item llb Reconsideration was given to the subject of payroll deductions for member- ship dues in employee associations. Alderwoman McCullough inquired what legal ramifications may be involved in this matter. She noticed that firemen have taken this matter to court in Dallas. City Attorney H. P. Hodge stated that his attention has been called to several cases in the courts. The federal district court in Charlotte, North Carolina ruled that they could not refuse to withhold contributions. In Savannah, Georgia it was held by the courts that a dues check-off is a privi- lege and not a right. The case in Charlotte is going to the Supreme Court. Right now we have legal precedent both ways. 60 Item lib, cont'd. David Jacobs appeared representing the Laborers International Union of North America. He stated that employees in the Water Distribution and Sanitary Sewer Departments are members of this organization. He is requesting that the dues check-off be authorized as a matter of reason, and not as a right. He is saying that the federal government at Sheppard Air Force Base feels if their employee association is useful to them, then dues check-off should not be denied. He stated that teachers in the Texas State Teachers ' Association have dues deducted for that association. From a newspaper account he believes the majority of the Council feels that if they authorize this they are encouraging unionization, but this is not so. It is up to the employee to decide. They are not asking the City to go out of its way to provide the service. He feels a denial of this re- quest with no basis or reason would encourage employees to request higher salaries. Employees would not bargain collectively, but it does not prevent them from coming before the Council for a salary increase. He cited Texas Electric as an example of a firm requesting a rate increase. He requests that they reconsider this resolution, and appeals to their sense of fairness. By approval of this they are not saying that they are pro union. Alderman Morrison thanked Mr. Jacobs for his presentation. He feels it has been factually presented as far as the law is concerned. He would agree that the issue before the Council does not pertain to a labor organization, but pertains to whether this employer should withhold payments upon the request of its employees. He mentioned some deductions which are mandatory, and some which are for the bene- fit of the City as part of our compensation plan to employees. Mr. Jacobs stated that he does not believe that any of the deductions have been brought before the Council for their approval or disapproval. He further stated that there are 55 city employees in his union, and that they have deferred payment of these dues until they can work out a satisfactory arrangement of paying them. Ronnie Wood stated that the miscellaneous block is used basically for correction of a payroll check only. RESOLUTION NO. 1751 RESOLUTION REPEALING RESOLUTION 1730, WHICH DENIED AUTHORITY FOR PAYROLL DEDUCTIONS FOR MEMBERSHIP DUES IN EMPLOYEES ' ASSOCIATIONS . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: Resolution No. 1730, which denied authority to institute a program of payroll deductions for membership dues in employees ' associations, is hereby repealed. Moved by Alderman Garcia that Resolution No. 1751 be passed. Motion seconded by Alderwoman McCullough, and failed by the following vote: Ayes : Aldermen Garcia and McCullough Nays: Mayor Boyd, Aldermen McAlister, Gowan, Prothro, and Morrison. Alderman Gowan mentioned the possible charter revision priorities, stating that there are at least eight areas in which the charter commission may go into. He feels the Council members should review the charter and decide what they think would be the most pressing needs , and list them by priority number. While they are doing this, he will attempt to get a citizens ' committee formed. The Council would then choose the priorities. We would try to keep this in some workable perimeter. He would like to see the Council and the committee come out with something the public can read and understand. The Charter can only be revised every two years. He feels it should be looked at on a continuing basis. Alderman McAlister mentioned the possibility of a charter revision commission similar to other boards and commissions. Alderman McAlister requested that the lights, which had been removed from Williams Park, be put back. He stated that he had been told that people in the neighborhood had used the lights , especially on Sunday and Wednesday evenings. It was noted that they were relocated to Bridwell Park for girls ' softball because they had had no requests for use in Williams Park for more than two years . The City Manager stated that money is available in Community Development funds for guard lights at Williams Park in June 1976, and that he would provide information on January 6. Alderman Morrison felt that if it is our mistake then we should put them back. 61 Alderman McAlister mentioned a letter from Jettie Ann Ward regarding the 7' intersection of Avondale and Martin. He feels perhaps this intersection is one of the exceptions to the traffic regulation requirements. Ed Ilschner explained that anything we might do which would be contrary to federal and state guidelines could subject us to being sued under the torts claims liability. His intention right now is to contact the property owner who owns the hedge which is causing the problem. Alderman McAlister stated that it seems it is not so much a visual problem, but the speed of the traffic along there. Mr. Ilschner stated that you do not use a stop sign to control speed. The City Manager stated that information would be provided to the Council on the reasons and judgments of the staff. These matters are usually handled by the Traffic Department, and not by the Traffic Commission or Board of Aldermen. Mr. Ilschner stated that this intersection has a very low accident rate. Alderman Gowan mentioned the story about painting the fireplugs red, white, and blue. Fire Chief Hurshel Johnson stated that there is no city ordinance against painting them that color. Paul Yeager noted that they are color-coded for assisting the Fire Department as far as pressure is concerned. They would have no objections to the bicentennial color scheme. The Board of Aldermen adjourned at 11 :05 A.M. PASSED AND APPROVED this &'-(Z day of /;'_ r ,/,- ( / , 1976. Lea Mayor ATTEST: rl»mili. Deputy. 4/-- City Clerk