Min 03/12/2001 276
Wichita Falls, Texas
Memorial Auditorium Building
March 12,2001
Items 1 & 2
The City Council of the City of Wichita Falls, Texas met in special session on the above
date in the Council Room of the Memorial Auditorium Building at 4:30 o'clock p.m., with the
following members present:
Jerry Lueck - Mayor
Arthur Bea Williams - Councilors
James Esther, Jr. -
Bill Altman -
Johnny Burns -
Harold Hawkins -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Dan Shine - Absent
Mayor Lueck called the meeting to order.
Councilor Hawkins gave the invocation.
Item 3
A public hearing was held regarding an Ordinance adopting regulations for curfew hours for
minors.
Mayor declared the public hearing open.
City Attorney provided a briefing regarding the curfew ordinance. He informed that this
ordinance restricts hours that persons under 17 years of age would be allowed on the streets after
a certain time. This has been a source to combat the gang problem. All curfew laws were sunset
by the legislature and every three years action has to be taken to continue, modify, or change
curfew ordinances. We did not do that and our ordinance became ineffective since 1997.
Councilor Esther asked if the ordinance, other than not having complied with State law, had
been working okay. City Attorney replied that his impression was that it had been a very effective
tool in curbing the dangers of young people who are out after hours. There has been a decrease in
gang activity and I think this ordinance has had an effect in reducing some of that gang activity. It
gives some degree of comfort to parents who may not be of aware of where their children are at
certain hours that there is a way of getting them back in a protective custody situation. I
recommend that the curfew ordinance be readopted.
Major Dennis Bachman, Police Department, gave information on their experience with this
ordinance. He felt that this ordinance had been a help in deterring persons under 17 years of age
as well as reducing gang activity. Prior to the ordinance we were having 30 drive-by shootings per
month and now we are averaging three drive-by shootings per month. Our gang crime has gone
down and we are now able to put those officers on other types of crimes resulting in a better
service to the citizens. When the curfew ordinance was adopted juvenile activity dropped and we
were able to do some preventive patrol.
Councilor Williams asked for a comparison of figures prior to the ordinance going into effect.
It would help to know what was happening in terms of real numbers several years before and
immediately after. Major Bachman responded that he did not have those numbers, but from a
personal standpoint there has been a great reduction of juvenile activity after the curfew ordinance
was adopted and we were able to keep the juveniles off the streets.
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Item 3 continued
Joanne Hawkins, F.M. 1206, Iowa Park, stated she was a teacher at Holland School and
would like consideration in establishing a new organization to help get teens off the streets. There
are no specific programs to bring a positive influence to the teens. We are trying to initiate a teen
club or center and there are no programs through the City or state government to give assistance
for this.
Councilor Williams stated that this meeting will not address that, however, she suggested
that a good place for Mrs. Hawkins to start would be the United Way Needs Assessments Project.
Listening sessions will be held throughout the City to hear what the needs of our City are and who
should be supplying them. Councilor Hawkins suggested that Mrs. Hawkins also check into what
other cities are doing in regards to her concern.
Councilor Williams mentioned that she had citizens contact her and ask her to support
reinstating the curfew ordinance because they are fearful that juvenile activity will escalate if that
ordinance is not in effect.
Mayor called for additional comments. There being none, Mayor declared the public
hearing closed.
Item 4
ORDINANCE NO. 22-2001
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
REPEALING SECTION 20-11 OF THE CODE OF ORDINANCES IN ITS ENTIRETY
AND ADOPTING A NEW SECTION 20-11 OF THE CODE OF ORDINANCES,
ENTITLED "CURFEW HOURS FOR MINORS," OF CHAPTER 20, "OFFENSES
AND MISCELLANEOUS PROVISIONS"; DEFINING TERMS; CREATING HOURS
OF CURFEW FOR MINORS; CREATING OFFENSES FOR MINORS, PARENTS
OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW
REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY
THE POLICE DEPARTMENT; PROVIDING PENALTIES; PROVIDING A SAVING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Williams that Ordinance No.22-2001 be passed.
Motion seconded by Councilor Hawkins and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins
Nays: None
Item 5
Discussion was held on the adoption of policy and procedures regarding refunds of fines
paid pursuant to Section 20-11 of the Code of Ordinances, "Curfew Hours for Minors".
Mr. Robert Powers provided information on the teen curfew violations since January 1997.
Total number of cases from this date is 888 totaling $86,286.25. This amount includes fines paid,
community service, and time served in jail.
Councilor Altman felt that the entire amount, $86,286.25, should be refunded. He
commented that those who paid out of their pockets it came from their pockets, but those who
served time in jail missed working during that period of time and lost wages. It is the only way to
treat those persons fairly across the board, whether we adjust the budget or take it out of General
Fund, however, do not take the money from Teen Court.
Councilor Williams asked if the $30,394 was based on the face value of the fines. Councilor
Altman informed that it was the face value of the fines based on $100/day. From his standpoint he
thought $100 is to much but those persons worked off their fine by sitting in jail for that day and the
State established the rate at $100/day. We do not know what those persons could have earned
during that time. It could have been more or it could have been less.
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Item 5 continued
Councilor Williams explained that a person does not need to sit in jail a full day in order to
get credit for $100/day. They can go in at 11:59 p.m. and get out at 12:00 a.m. and receive one
day's credit. The only thing about jail time is that it is set at $100/day no matter how much the fine
is. The rates are set to clear the jails and control jail overcrowding. She felt that the face value of
the fine should be refunded which does not include the cost of the jail, it is only the fine.
City Attorney stated that the Municipal Court Clerk needs direction on how to refund the
money. Normally, a request for refund is filed and we process that request and that may be the
best way to approach refunding these fines. He added that there should be a cutoff date to request
a refund.
Councilor Hawkins asked if it would be appropriate to place an ad in the newspaper and
stipulate a specific period of time to file a request for refund. He mentioned that the City should
provide the request for refund form.
Mayor felt that every effort should be made to contact these people and refund the money
to them. Also, that a notice be published in the paper.
Councilor Hawkins was in favor of mailing a letter with a copy of the request for refund form
to the people whose addresses we have and put an ad in the newspaper notifying the others to file
a request for refund.
Councilor Altman felt that this should be done as a two-part process. First, write to
everyone at his or her last known address and see what response we receive to determine what is
left. If we have only a small number left, placing an ad in the newspaper would not be the best way
to notify them, so we would need to find the best means of locating those people.
Councilor Williams stated that once we figure the mechanics of doing this we need to work
at expunging the remainder of those that have not been done.
Bill Sokora, Sr., 2502 Buchanan, commented on the $100/day and persons sitting in jail.
He said that Councilor Williams was insinuating that they should not get $100/day if they did not sit
out the whole day. If the law had not been in effect they would not have been arrested in the first
place, it was not their fault.
Councilor Hawkins mentioned that the $100 was not reflected anywhere in here. He
clarified that if they had a $250 fine and served three days in jail they are only going to be refunded
the $250.
Councilor Williams emphasized that it is going to be corrected but we are trying to correct it
in the right amount. She explained that the amounts determined for serving fines in jail had more to
do with clearing jails than fines.
Councilor Burns commented that it was important to know that while this was an oversight it
was never the intent of the City not to have this ordinance in effect. The intent was always to have
this ordinance in effect. Those that were ticketed were ticketed in good faith under an ordinance
that everyone thought was in effect. We are adjusting for an oversight on the City's part, however,
we are not condoning any of the activities of these people or that any of them were ticketed
incorrectly.
Councilor Williams mentioned that having found out about it less than a week ago we have
been trying to correct that as quickly as possible. She wanted to know how difficult it would be to
find out how many of these people were in jail for other warrants at the same time. Mrs. Elaine
Bourgoin, Municipal Court Clerk, replied that she would need to secure jail records for that
information.
Councilor Williams felt it was important to know if they were in jail for something else. Mrs.
Bourgoin responded that it would depend on how the Judge signed the commitment order. They
may be serving six tickets at the same time. She mentioned that those that served their time in jail
are coming out on top. Councilor Williams commented that they were stopped for something other
than having a juvenile curfew ticket.
City Attorney suggested that Council refund the fines that had been collected, notify each
individual at their last known address, and set a cutoff date for requesting a refund.
279
Item 5 continued
Councilor Altman felt that part of the problem in establishing a cutoff date now is that
it could be done only for those that we have a last known address. He suggested sending notice to
everyone that we can, receive feedback, and then take the next step with the intent of a final cutoff
at the end of this budget year.
Moved by Councilor Hawkins to refund the dollar amount assessed by the courts to include
court costs and notify those people by written letter first class mail.
Motion seconded by Councilor Esther.
Councilor Altman added that once the results of that mail-out are received, that information
can be brought to Council to determine what further action might need to be taken.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins
Nays: None
The City Council adjourned at 5:20 p.m.
PASSED AND APPROVED this day of l� (�'tG�,�, , 2001.
JERRY LUECK
MAYOR
ATTEST:
t �
Lydia Torres
City Clerk
NOTICE OF SPECIAL MEETING
Special Meeting Of The Mayor And City Council Of The City Of
Wichita Falls, Texas To Be Held In The City Council Chambers Of
The Memorial Auditorium, 1300 Seventh Street, On Monday,
March 12, 2001 , Beginning At 4:30 p.m.
City Council: Mayor Gerald Lueck - Councilors Arthur Bea
Williams, Dan Shine, James Esther, William
Altman, Johnny Burns, and Harold Hawkins
1. Call to Order.
2. Invocation:
REGULAR AGENDA
3. Public Hearings:
a. Public Hearing Regarding An Ordinance Adopting
Regulations For Curfew Hours For Minors.
4. Ordinances:
a. Ordinance Repealing Section 20-11 Of The Code Of
Ordinances In Its Entirety And Adopting A New Section
20-11 , Entitled "Curfew Hours For Minors." (City Council Bill
#43)
5. Other Matters:
a. Discuss And Consider Adoption Of Policy And Procedures
Regarding Refunds Of Fines Paid Pursuant To Section
20-11 Of The Code Of Ordinances, "Curfew Hours For
Minors." (City Council Bill #44)
6. Adjourn.
City Council Agenda
Monday, March 12, 2001
Page 2
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.
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
, 20 at o'clock (a.m.)(p.m.).
City Clerk