Min 08/18/1998 253
Wichita Falls, Texas
Memorial Auditorium Building
August 18, 1998
Items 1 & 2
The City Council 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 8:30 o'clock a.m., with the
following members present:
Kay Yeager - Mayor
Don Johnston - Councilors
Dan Shine -
Angus Thompson -
Bill Altman -
Johnny Burns -
Bud Beaty
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Yeager called the meeting to order.
Invocation was given by Reverend Dennis Wilkinson, Floral Heights Methodist Church.
Item 3
Mayor invoked the five-minute rule for public comments.
Curtis Smith, 2310 Irving, said he was going to speak on the two controversial Library
books, and because of the depth of this problem asked for extra time. Mr. Smith stated that
he was here as a grandfather and as a citizen. These books are so blatantly presented to
influence the children's vulnerable minds that I am very disturbed. I am also a spokesperson
for the many supporters here today and for others who have expressed a deep concern about
these two books and how this has been handled. This matter should never have gotten this
far and the things which have been done behind the scenes have not met with success.
Therefore, we are appearing before you. The removal of the books to the juvenile section
does not have an impact, and we prefer that the books be removed completely from the
Library. This has been done in some cities so we would not be plowing new ground. "A little
knowledge is a dangerous thing", but the knowledge presented in these books without the
material or wisdom to know what it is all about is frightening. We hope to provide a positive
influence to our children and grandchildren. The normal, accepted, and biblical way of life has
been a man and a woman relationship.
These books are a thinly veiled program that encourages a lifestyle which has brought
our nation to one of the most serious epidemics in our history. At a current World AIDS
Conference in Europe, a speaker said that the AIDS epidemic is the worse plague that has
occurred in this centur
y, greater than the influenza epidemic of World War I which killed
between 20-30 million people. This is a health issue as well as a moral issue. Wichita Falls is
a conservative town and by consensus has common values, of what will be tolerated and
challenged. He questioned why these two books were chosen. The Library budget is not so
unlimited that it has run out of choices and now must put in books, that fly in the face of the
vast majority of values of this community, that are guaranteed to cause an explosion of
opposition. It does not matter if some liberal national association has them on their list. This
is Wichita Falls with its own set of values and choices that should be the determining factor.
He read scripture to support his statements.
Mr. Smith said that he did not know who was pushing this homosexual agenda as being
cool, but we are seeing it increasingly in so many ways. We let too many things happen in
this country by default, by not doing anything, by not speaking out and by not saying enough is
254
Item 3 cont'd.
enough. The silent majority is awakening now and is saying it will be silent no longer when it
comes to such an obvious attempt to brainwash our young people. If we do not draw the line
now when will it be done? It is not a "hate anyone agenda"; it is not the person that we are
against but the act of homosexuality and sodomy that we abhor and that the Bible teaches
against. If we are to have a chance to present our position to them it will not be a position of
hate. It is not an adult to adult situation; but adults attempting to teach homosexuality to the
smallest of our children. These books were designed to appear to normalize and legitimize
their lifestyle. We respectfully request that you retire these books to be placed, at the least, in
an area where only adults can check them out. If parents want their children to see these
books they can check them out. I don't doubt that there is more explicit material in the library
but they are not in comic-book form and they are not in the children's section. If there is no
adult section in the interim, they can be placed behind the counter until an adult section is
made.
This is not censorship, they can print as many books as they want, but don't expect the
taxpayers of Wichita Falls to support them. No liberal court can force us to accept children's
books of this type, this is our freedom not to accept them. Children cannot make these
decisions for themselves; their young minds cannot be accepted to make adult decisions.
Situations are such nowadays that children don't have time to be children. Don't push this
propaganda on these children when they are just beginning to find their way. It is not practical
for parents to monitor what their children see or check out in our busy working world. This is a
public library and a visit there should be a pleasant experience for the child, and the parent
should not have to worry about what their child will find on the shelve. Are concerned parents
going to have to not allow their children to go to the Library for fear of what they will find?
These books are so obvious and different in their tact that they demand special handling.
He questioned the fear of the ACLU and their stand on this. Are we governed by the
ACLU in Wichita Falls? They do not run our country, State or City, and they do not pay taxes
here and they don't vote here; our citizens do. We did not bring these two books into the
Library and this could and should have been remedied months ago. In the first place, a person
sensitive to the values of our community would not have brought them in. Lay the problem at
the feet of those who brought it to the Library.
Mayor reminded Mr. Smith that he had exceeded the allotted time and needed to
conclude his comments. It would be unfair for others to wait until the end of the meeting to
speak. Mr. Smith asked that, since he had exhausted other opportunities, three Council
members agree to place this on the second Council meeting in September. Pastor Louie
Carver and Mr. Roger Deerinwater yielded their time to Mr. Smith.
Mr. Smith continued. We are represented by a number of institutes and by people from
all walks of lives and there are dozens of churches who have voiced their support, and letters
and calls keep coming in. Credible people with credible organizations believe these books are
detrimental. The homosexual community is organized enough to come up with a stealth
program like this. Don't we have the right to get organized in our approach to expose the
scheme? We should be able to do it without being called intolerant, bigots, among other
names; we are concerned citizens and parents and grandparents. This is not a small minority
that we represent, and if there is a doubt let's take it to a referendum vote of the public, but if
we do take it to a vote we will have to suffer a battleground situation. This could be easily
stopped by signing off on our request to remove the books to at least an "adult section only".
Our request does not violate the first amendment. Congress can pass legislation
against any group that practices customs contrary to morality such as against polygamy. We
ask you to restrict, which violates no first amendment rights, a book that teaches an immoral
act, that is even against the law and is presented to our young people as a normal lifestyle.
This group should not have the unfettered exploitation of our young people.
We have no desire to start this controversy, but these books are so sinister in their
purpose and so obvious in their target that if another book of this type is presented at the
Library you will probably see someone guarding our children against this propaganda. Our
hope and prayer is that our family values in this community will be taken into consideration in
the future.
I have been hardpressed to think that there are no checks and balances in a tax supported
institution from federal government to city government. If it is as stated that the Librarian
answers to no one for her choices then this too needs some closer inspection by the Council.
You hire the person who hires the Librarian and you do have the power to intervene, the buck
stops here. Do not take the easy way out. The question is do we want homosexuality
255
Item 3 cont'd.
to be taught to our young people or not? You can remove these books to an adult section.
You are the boss and you are not running a popularity contest. I come to you as a concerned
citizen. If you grant this request you will have our utmost appreciation, there will be no gloating
but our pledge to act in a responsible way. We have all kinds of laws, why can't we have some
laws to protect our children from being placed in danger also? Are we going to promote
homosexuality to our young children or are we going to take a stand to protect our children,
and do what our heart knows needs to be done?
Janie Hill, God is Love Ministry, Peterson Road, Wichita Falls. Mayor asked Mrs. Hill if
that was in Wichita Falls. Mrs. Hill replied that it was and that they paid City taxes. Mayor told
Mrs. Hill that according to the Appraisal District all of Peterson Road is outside the City limits.
Mrs. Hill stated that the division is down the middle of the road and we are on the Wichita Falls
side; we are on farm property but we are in Wichita Falls. The Library has to do with this whole
community and whole county, and your decision affects the whole county. I am speaking for
the people.
She asked Council to hold the line on homosexuality in our community. We will suffer or
benefit from the consequences of your decisions. By accepting those books we are putting
our stamp of approval on the gay agenda. When we say no to the gay books we are saying no
to the gay agenda. She requested that the two homosexual books be banned from the Library.
There should be no unsuitable or immoral books of any nature in a city library. Mrs. Hill gave
her viewpoint on homosexuality and how it would affect our community. She asked the
Council not to let the Christian community down.
Daniel Hill-Neil, 777 Peterson Road N., submitted the following requests in regards to
the two homosexual books. We request that the books be rejected and removed from the
Library or be placed in a restrictive shelve. However, either way we feel the Library needs a
restrictive shelve or area since it has questionable explicit and controversial literature.
Secondly, we request a policy change to create this permanent restrictive shelve or area.
Thirdly, we request that the books in question be temporarily and immediately put behind the
desk on request only or at least in the adult section until the restrictive area can be set up.
Fourthly, we request that an appropriate future date be set to air the issue and determine the
final decision concerning the books in question.
Ron Redding, 2103 Allen Road, Pastor of Woodhaven Baptist Church and as
representative of that church reported that their church unanimously voted in favor of what has
been said this morning.
John D. Otley, 4903 Pawnee Pathway, member, Central Baptist Church, stated that
they too have voted unanimously in support of Dr. Jeffress and his movement to ask you, the
leaders, to listen to we, the people, who voted you into office to do the right thing. As we look
around our moral fiber has deteriorated bit by bit and we are at the point where we will no
longer put up with it. We are saying please stop and the stopping point is with you. That is our
hope and our prayer.
Mayor commented that on June 23 the Library Board voted and sent their
recommendation to the Librarian who on June 25 removed the books to a different part of
Library and placed a 90-day period of surveillance of watching the books. We are still in that
90-day period of watching how this particular location of the books works and we will continue
to monitor the situation.
Mr. Smith wanted to know if he had asked for the right to be on the agenda? Mayor
stated that the order of the agenda was to proceed with the regular agenda and if at the end of
the meeting any Council member wishes to discuss this during the appropriate time on the
agenda we will take it up at that time. Mr. Smith stated that you are not going to allow us a
chance to speak and be heard and have any action taken. Mayor informed that there was no
way, according to the Council procedures, to take action at this particular time.
Item 4.
The Minutes were approved as corrected.
City Manager gave a briefing on the item listed under the Consent Agenda.
256
Item 5a
Councilor Shine requested that Item 5a be moved down to the Regular Agenda.
Item 5a
Moved by Councilor Shine that the bid for the purchase of the City's annual
requirement of fall flowers be awarded to Dream Valley Farms in the amount of$17,604.00.
Motion seconded by Councilor Johnston.
Councilor Shine asked Mr. Jack Murphy, Parks Director, if the flowers would be
delivered in one lump sum. He also mentioned that there was no contract or information on
this in their Council packet. Mr. Murphy replied that there would be five or six delivery time
periods.
City Manager asked about the use of fax for bidding. Mrs. Peggy Gahagan, informed
that Local Government Code Sec. 252.021 requires that all bids and proposals be received in
sealed envelopes, and as part of our standard terms and conditions we also have that
information in the bid packages. Councilor Shine asked if the bids could be changed by fax?
He added that SAFB will allow a change on the bid proposal by fax or by a phone call. Mrs.
Gahagan stated that was federal, but as part of our Local Government Code that is not
allowed. A bidder is allowed to come in prior to bid opening and request their bid package,
make a change, reseal it and return it to the Purchasing Agent's office. Anything that comes
in by way of fax is not considered a sealed proposal. Councilor Shine asked the City Attorney
to look into this.
Councilor Johnston asked City Attorney if State law precludes changing a bid by fax.
City Attorney replied, that in his opinion it does because it requires a sealed bid and a fax is
obviously not sealed and often does not have original signatures. Councilor Shine commented
his experience has been that a bidder can increase or decrease the bid because the actual bid
is still sealed. Councilor Johnston said that they had faxed a change to a bid on a state
contract and it was accepted.
Councilor Beaty asked if they had the cost on the faxed proposal. Mrs. Gahagan
replied that she has that proposal but does not reveal those prices if they are not going to allow
them the opportunity to qualify as a good bidder. They are in her files and Mr. Murphy is
entitled to that information. She just does not make it public information if they are not going to
accept their bid.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 6a
ORDINANCE NO. 64-98
AN ORDINANCE RELOCATING A 15-FOOT WIDE UTILITY EASEMENT
IN LOT 7D, BLOCK 5, RIVERCREST PARK ADDITION, AN ADDITION
TO THE CITY OF WICHITA FALLS, TEXAS; DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Johnston that Ordinance No. 64-98 be passed.
Motion seconded by Councilor Thompson and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
257
Item 6a cont'd.
Nays: None
Item 6b
ORDINANCE NO. 65-98
ORDINANCE MAKING AN APPROPRIATION IN THE WATER AND
SEWER FUND FOR EXPENDITURES TO PURCHASE PUMP
CONTROL VALVES FOR LAKE ARROWHEAD RAW WATER PUMP
STATION; DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
Moved by Councilor Johnston that Ordinance No. 65-98 be passed.
Motion seconded by Councilor Thompson.
Mr. George Bonnett informed that the Lake Arrowhead pump station has served a long
time and is needing rehabilitation now. In the upcoming budget we have planned for
rehabilitation of that pump station along with replacement of approximately 20,000 linear feet of
pipeline. As a part of this design we found we have to sequence the events carefully to insure
we are not going to interrupt the flow of water to the City. We can do it, but we can only do it
during off-peak season, so we have a schedule within a 24 hour window, and we have a
concern on the timeline. The delivery for the valves is seven months and because of that we
want to purchase those out of equity and will supply those to the contractor. Contract bids for
the project will be opened in November, 1998.
Councilor Shine asked if this was a sole source item. Dean Hinton, Design Engineer
with Corlett Probst & Boyd, replied that there are two types of valves and he explained the
difference. The ball valve gives the City the reliability that you need and they have a 30-year
life expectancy. Rehabilitation cost started at $550,000 but we have made some design
changes and that has gone up to about $700,000 and the pipe line replacement is about $4.5
million. Other valves were priced and the specifications were drawn around this type ball
valve. We pre-qualified the bidders to allow other bidders to come in but no one asked to
come in. We had the specifications and it was bid out.
Councilor Thompson stepped out of the Council Chambers.
Mr. Bonnett informed that they were asking for an appropriation from Equity from the
City's existing savings account in the Utility Fund. What we would normally do is include it in
next year's budget, but we found during the design that there is a very long lead time, a seven
month lead time. We did not know that until we got into the preliminary design. There is no
way last year that we could have known that. This year we are not funding money so we are
going to your savings account and recommending to purchase these valves because of the
long lead time. In your next budget you will be budgeting for the rehab of that pump station in
its totality as well as replacement of a segment of the pipeline.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty
Nays: None
Item 7a
RESOLUTION NO. 117-98
RESOLUTION TO AWARD BID AND CONTRACT FOR PUMP CONTROL
VALVE SYSTEMS FOR ARROWHEAD RAW WATER PUMP STATION;
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
258
Item 7a cont'd.
Moved by Councilor Johnston that Resolution No. 117-98 be passed.
Motion seconded by Councilor Beaty.
Councilor Altman mentioned a typographical error in the resolution and asked that it be
corrected.
Councilor Johnston referred to the phrase "lowest responsible bidder", and stated that
we only had one bidder.
Councilor Johnston moved that the resolution be amended to read "only responsible
bidder".
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty
Motion as amended carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty
Nays: None
Item 7b
RESOLUTION NO 118-98.
RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH THE FIRM
OF BIGGS & MATHEWS, INC., FOR AN ENGINEERING STUDY FOR THE
DEVELOPMENT OF A MASTER WASTEWATER PLAN (PLAN YEAR 2000 -
2050); DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Altman that Resolution No. 118-98 be passed.
Motion seconded by Councilor Burns.
Mr. George Bonnett informed that Council had requested that an overall master plan
be prepared for our sanitary sewer system. The intent is to take all the areas surrounding the
City that are handled by the natural drainage and delineate how we will serve those areas.
The engineer will delineate the placement of the sanitary sewer and look at the existing system
to ensure that we can gradually reduce the number of lift stations we have in the system. We
have too many lift stations and they are a very high cost to maintain. This plan will prepare a
road map for the next fifty years and enable us to gradually eliminate as many lift stations as
possible.
Councilor Thompson returned to the Council Chambers.
Councilor Altman asked for the process in selecting the engineering firm. Mr. Bonnett
informed that normally, unless there is some specific skill that is not available locally, we use
the local resources. We do use the firms that are here. We try to select the firms that have
the highest level of expertise in a given area and the reason for selection of Biggs & Mathews
is that they have done the SSES and they have a vast amount of background which is
necessary to do a good job here. It enables us to take advantage of the knowledge and level
of expertise that they already have and to produce a useful document at the lowest possible
cost. We look at the skills that are available locally and we try to apply those most qualified to
do that work at hand.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None.
259
Item 7c
RESOLUTION NO. 119-98
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL
SERVICES WITH STALEY BAKER MONSON AND PHILLIPS SWAGER
ASSOCIATES FOR NEW FIRE STATIONS; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Thompson that Resolution No. 119-98 be passed.
Motion seconded by Councilor Burns.
City Manager commented that the reason for relocating fire stations is response time
and better service. He provided background on fire stations, location, response time,
manpower, and need.
Mr. Robert Powers provided detailed information on the selection process. We
received seven proposals and six were local firms, two of the six teamed with an outside firm,
and the one recommended today is teamed with an outside firm. Selection committee
consisted of myself, Fire Chief, Fire Marshal, Fire Captain, Public Works Director, Building
Official, and Community Development Director. We negotiated with this team to get the
contract where it is today and we feel it is advantageous to the City. Design fee is 8% of the
construction cost and the maximum and minimum fee would include the architectural fee as
well as any outside service fee related to this project. We have carried an estimate for the two
stations at $2 million and 8% of that would be $160,000. If the construction fee would be $2.5
million the engineering fee would be $2,000, and the maximum fee would be $240,000. Within
that cap, they would be responsible for storm water detention design, geo-technical surveys,
among other outside fees that would not fall under the scope of the basic services. Under this
contract we would be capped for all those expenses at $240,000. We made a presentation to
the 4B Board, and they approved the fire station consolidation program and approved the
funding for the architect which would be included in their current budget. The construction
which will be bid next fiscal year is in their proposed budget for you to consider later in this
agenda. Mr. Monty Monson with Staley Baker Monson and Phillips Swager Associates was
present to answer questions.
Mayor noted that Mr. Rick Boone from the 4B Board was present.
Councilor Altman noted that reimbursable expenses were not included in the $240,000
as the contract is written. It should say that the maximum cap would be fee plus expenses
and should not exceed $240,000, if that is the intent. Mr. Powers said that if we were to make
an amendment to the contract today Mr. Monson would have to concur. Councilor Altman
added that, if the intent was to include expenses within those numbers, Article 12 third
paragraph should say "minimum fee plus expenses to be paid shall be $170,000 and the
maximum fee plus expenses to be paid shall be $240,000".
Mayor asked if all the engineering fees are included under the $240,000 cap. Mr.
Powers responded in the affirmative.
Monty Monson, 1811 Priest, Wichita Falls, stated that they will be working the up front
schematic design phase, working out all the floor plans, and the details for the whole package.
If we have an agreeable plan we continue into the schematic design phase and the
construction document phase with the Dallas Firm looking over our shoulder. The Dallas Firm
will be reviewing the detailed drawings.
Councilor Altman asked Mr. Monson if it was his understanding that on this contract
the price included expenses? Mr. Monson replied that there is no additional on the cap.
Councilor Altman commented that we want to make sure that there is no objection to changing
the wording to reflect that fee plus expenses is included within the cap. Mr. Monson agreed
and added that that window is all that the City will be out, we will absorb any savings, lost or
cost.
Tommy Long, Camelot Apartments on Harrison Street, wanted to know what was
going to happen to the old fire stations and if that was going to be a part of the cost in order to
reduce the request? City Manager replied that we have not anticipated any cost or sale of
property savings to come into this project, however we know it is going to happen. My intent is
to come back to the Council and ask them to declare that property surplus so that it can be
260
Item 7c cont'd.
sold, unless in that time frame we get some revelation as to what we as the City organization
could use any or all of those properties for. If not, I am going to ask them to declare that
property surplus and sell it. However that property is not figured into this project price.
City Manager mentioned that this is one of those 4-B expenditures that we should tell
the citizens about either by putting up a sign at the construction site and by telling everyone
that this is what their sales tax vote of confidence to give us that tax source is letting us do.
We should do this every time we have one of these type of projects from sales tax monies.
Councilor Johnston clarified that these are not three identical stations, but that there are
differences in the stations. Chief James agreed and added that there are differences which will
make the designs different. It is not designing one station to be repeated three times.
Moved by Councilor Johnston to amend the contract to reflect wording to read "that
basic fee of 8% plus expenses will not exceed the $240,000 cap".
Motion seconded by Councilor Thompson and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None.
Motion on the original motion as amended carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None.
Item 7d
RESOLUTION NO. 120-98
RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR FY 1998
LOCAL LAW ENFORCEMENT BLOCK GRANT; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Thompson that Resolution No. 120-98 be passed.
Motion seconded by Councilor Johnston and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None.
City Council recessed at 10:10 a.m. and reconvened at 10:30 a.m.
Item 7e
RESOLUTION NO. 121-98
RESOLUTION AMENDING ARTICLE III, SECTION 6 OF THE BY-LAWS OF
THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
CONCERNING BOND REQUIREMENTS FOR THE PRESIDENT AND
SECRETARY-TREASURER; DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
261
Item 7e cont'd.
Moved by Councilor Altman that Resolution No. 121-98 be passed.
Motion seconded by Councilor Burns carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None.
Item 7f
RESOLUTION NO. 122-98
RESOLUTION APPROVING THE FY 1998-99 BUDGET FOR THE WICHITA
FALLS ECONOMIC DEVELOPMENT CORPORATION (4A SALES TAX);
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Thompson that Resolution No. 122-98 be passed.
Motion seconded by Councilor Beaty.
Mr. Robert Powers noted that commitments made by the 4A Fund that are still
outstanding are $400,000, for the APAC move and $140,000 for the Prison Sewer Project
which was approved. This proposed budget is based on a full twelve months sales tax earnings
and the projection is on a three year roll-in actual tax receipts. This year is going well and
slightly above last year. Interest earnings are in the budget. Only commitment in term of next
year's budget is the contract with Board of Commerce & Industry, and balance of expenditures
are reserved for future projects. The two projects which have been approved this year are the
APAC and Prison Sewer Project.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None
Item 7g
RESOLUTION NO. 123-8
RESOLUTION APPROVING THE FY 1998-99 BUDGET FOR THE WICHITA
FALLS 4B SALES TAX CORPORATION; DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
Moved by Councilor Johnston that Resolution No. 123-98 be passed.
Motion seconded by Councilor Beaty.
Mr. Rick Boone stated that this was a straightforward budget. Mr. Boone provided
current and anticipated figures, as well as expenditures. He mentioned that the only
expenditure we have this year would be for the fire stations. Past projects include $2 million for
the Library and we are paying about $250,000 a year on a seven year note. We paid $715,000
in cash for the warning sirens last year. We are looking again at roughly $2.3 million for the fire
consolidation program. Also, we will look at the fidelity bond expense. There may be other
projects in 1998-1999.
Motion carried by the following vote.
262
Item 7g cont'd.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None
Item7h
A proposed resolution was presented expressing the intent to place a proposal to adopt
a property tax rate exceeding the notice and public hearing limit on a future City Council
agenda and scheduling a public hearing on the proposal.
Moved by Councilor Thompson that proposed resolution be passed.
Motion seconded by Councilor Beaty.
City Manager explained the new State law requirement. Even if you don't plan to raise
the property tax, if the property tax source generates more money than it did this current year,
you have to run this notice that says you recognize that. The only way the property tax source
generates more money by not changing the rate is the growth of the assessed value of the
total community, whether it is individual property reassessed or property developed. If you
stand to gain as a City organization $1 beyond what you received from that source during the
current year then the wrinkle is that to run the notice you have to publish what your intended
tax rate is. That is a sort of unfairness because you have not had your budget deliberations,
therefore, you don't know what you intended tax rate is. The preliminary budget I forwarded to
the Council is based on the same tax rate as we had last year, but it generates approximately
an additional $400,000 due to the growth in the community. At that rate if we run this
publication it appears to preclude your options to do something different in the way of raising it.
It does seem to eliminate that possibility should it be something you want to consider after the
budget deliberations.
Mr. Jim Dockery provided the different time schedules and explained the process. He
informed that after the public hearing is held Council has to vote and set the tax rate no sooner
than 3 days nor longer than 14 days after that. Council discussed the different dates and
requirements.
Councilor Altman had a problem with saying that this is going to be the maximum tax
rate prior to even discussing the budget. He suggested that Mr. Dockery and City Attorney
calculate and give the times this resolution could be passed and still be timely, even if a special
session is called. He said that as a policy year after year we should institute that to make sure
we do not pass this resolution until we review the budget. If we start it this year then we could
continue that policy year after year. Councilor Altman said he had not been informed of the
dates of the budget hearings.
City Manager informed that budget presentations would begin today. The policy for the
future should be that we do not get into this situation; that we have scheduled ample time to
hold the budget hearings first before acting on this resolution. He added that the budget
hearings would be moved up to the earlier part of August.
Councilor Altman said that today we would just schedule an extra meeting for the
purpose of setting the tax rate. Mayor stated that she agreed with Councilor Altman and
suggested having a special meeting to act on this resolution.
Moved by Councilor Altman that proposed resolution be tabled.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None
263
Item7i
RESOLUTION NO. 124-98
RESOLUTION REQUESTING A ROUTE DESIGNATION CHANGE FOR US
277 IN THE CITY OF WICHITA FALLS; DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
Moved by Councilor Altman that Resolution No. 124-98 be passed.
Motion seconded by Councilor Burns.
Mayor informed that this is basically to designate Kell as U.S. 277.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None
Item 8a
Moved by Councilor Thompson that the bid for the purchase of the City's estimated
annual requirement of meter boxes and lids be awarded to the Marta Company, in the amount
of$48,443.20.
Motion seconded by Councilor Johnston and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None
Item 9a
Councilor Shine expressed appreciation to Mr. Robert Parker for placing signs on
Ridgemont.
Councilor Thompson asked for the traffic count report on Scott and Tenth Street. Mr.
Parker said they would be in his box tomorrow. Councilor Thompson expressed his views on
the controversial Library books. He felt this needs to be addressed and put to bed once and
for all. We are all concerned about what has transpired. He does not believe that the removal
of two books will solve that problem nor does he believe it begins in Wichita Falls, but he does
believe that it needs to be addressed from the perspective of citizens and with love. He does
not want to be a part of any movement, right or left, and he does not want to be a part of any
party that is out to get anybody. There are some things he would like to see done, with
compassion and understanding. He regrets that it has gone this far where people have been
pitted against each other, and where common decency and the goodness of Wichita Falls is
misconstrued. Maybe, it is because we, the Council, did not express our views earlier or
maybe the signals that we sent were not read. He hoped that today's presentation will be the
last one that will come before this Council. We need to let our hearts and our feelings dictate
which way we should go on this. At some point we probably want to address it.
Councilor Beaty expressed appreciation to City Manager for taking the time to explain
the professional services agreements and how we arrive at those decisions and others
explained today that fall under that category. However, he still has a low comfort level with the
approval process on these. It takes a lot of time to talk to various individuals on what happens
behind the scenes. I have a lot of confidence in some of the members of the staff who
comprise the selection process but some I don't know well enough to have confidence in. In
order to make an informed decision we need all the information we can get, and the easiest
way to get that information is reminiscent of the audit committee that we served on because
we saw what transpired and all the information that went into it. He recommended that the
approval process be opened up to the City Council.
264
Item 9a cont'd.
Councilor Johnston referred to the two controversial Library books and stated that as a
governing body we should establish a policy on how to handle questionable material that
comes up and is put in our Library. He suggested that a committee be formed to look into the
problem and come up with a recommendation for the Council to act on.
Councilor Burns stated that, in regards to the books, he recognizes the passion on this
issue of those persons who spoke this morning. He has a personal belief about this issue
which probably does not defer much from what was said this morning. However, he is not
prepared to make a judgment on moving books to a particular section of the Library which
currently does not exist in our Library, and without adequate information on such a section or
shelve and how they are handled in other libraries. He would be more than willing to look into
that, but he; does not wish to put himself in the position of deciding what our community reads
and does riot read because he does not think he is qualified to do that. I think we can set a
policy and let those who are qualified to make those decisions to do so, but I think we should
look into it further, get more information and then make a decision.
Councilor Burns stated that he was not a true Dallas Cowboys' fan but he is now. He
thinks the Dallas Cowboys came in and did a great job. The credit for how successful that
camp was and why it is coming back next year should go to the folks at Midwestern State
University, as well as the City employees who everyday were doing their job, making sure the
traffic was moving and that the grounds were clean, etc. That was very impressive. There are
30 NFL teams and we had one of them here for one month, and all due to Midwestern State
University, the Mayor, and the previous Council. He is looking forward to next year's training
camp.
Councilor Altman referred to the Library books and said that throughout the entire
process, he felt it was inappropriate to make any kind of statement. The process existed, it
was in writing and it had been followed, and despite several requests I stated that I did not
think it was appropriate for me to make a statement. At a recess I prepared a written
statement which I will provide to the media. I do believe I have spent a lot of time studying this
and I think that there are a lot of mistaken impressions that have to do with these books
because people are going on hearsay and have not researched the facts. Nevertheless, I do
have an opinion which is strictly my opinion and does not reflect one way or the other any
opinion of any other Council member and I will make that available to the press when we have
a recess.
Mayor mentioned a comment made this morning by one of the speakers that by
allowing these books we give our support and acceptance to the gay movement. I would like
to take that a step further to say if that is true, does that mean that we approve of any
movement of any sort that any book in the Library might be talking about? For instance, if we
read a book about communism, does that mean we support communism?
Regarding Councilor Johnston's comment, Mayor commented that before we go any
further, I think it would be good to have a copy of the Library policies on books in general, how
books are selected by the Library and what screening if any they go through. At some point
we can discuss the survey regarding other comparable libraries which Mr. Robert Powers
conducted, and the results of that survey.
Following up on the Dallas Cowboys, Mayor expressed appreciation to the City staff for
their planing and involvement in making that event happen, along with those from Midwestern
State University who worked long and hard. While the Dallas Cowboys were here everybody
involved in their jobs also had their regular jobs to perform and I think everybody did that
admirably. Most importantly, from my perspective, I want to thank the citizens of this
community and this area of North Texas for their support. If there was a factor among many
for the Cowboys to come back next year was the support of the people that turned out at all of
the practices. A statistical fact that while we were trying to hit the 100,000 mark that "Austin
hit", Austin included in their figures the times they scrimmaged at University of Texas Stadium,
in El Paso and other places. On a day to day basis, the citizens of this community turned out in
greater numbers than they did in Austin. To the citizens of this community we express our
appreciation for their support, their behavior, and their loyalty to the Dallas Cowboys.
Item 9b
City Manager informed that the City is trying to capture as many grants as we can. He
mentioned the various programs funded through grants.
265
City Council recessed at 11:15 a.m. and reconvened at 11:30 a.m.
Item 10
City Council Budget Hearings were held.
City Council decided to hold the next budget hearings on August 28, 1998 beginning at
8:30 a.m.
Following the Finance presentation by Mr. Jim Dockery, it was moved by Councilor
Johnston to take from the table Agenda Item 7h, Council Bill #202 relating to the intent to place
a proposal to adopt a property tax rate exceeding the notice and public hearing limit on a future
City Council agenda and scheduling a public hearing on the proposal.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None
Item 7h
RESOLUTION NO. 128-98
RESOLUTION EXPRESSING THE INTENT TO PLACE A PROPOSAL TO
ADOPT A PROPERTY TAX RATE EXCEEDING THE NOTICE AND PUBLIC
HEARING LIMIT ON A FUTURE CITY COUNCIL AGENDA AND SCHEDULING
A PUBLIC HEARING ON THE PROPOSAL; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Johnston that Resolution No. 125-98 be passed.
Motion seconded by Councilor Shine.
Mayor suggested that next year Council go through the budget like we are today and
on the second day of budget hearings schedule an agenda item to take up the tax rate.
Councilor Altman added that they be provided a schedule of the time frame with which they will
be working.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty.
Nays: None
Council continued with the budget hearings.
The City Council adjourned at 4:15 p.m.
PASSED AND APPROVED this day of 1998.
r �
kATHFVN A. YEAG R
MAYOR
266
ATTEST:
(A Oca)i
Lydia Torres
City Clerk
Regular 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 on August
18, 1998 beginning at 8:30 a.m.
City Council: Mayor Kay Yeager - Councilors Angus Thompson, Bud
Beaty, William Altman, Don Johnston, Johnny Burns and
Dan Shine
1. Call to Order.
2. Invocation: Reverend Dennis Wilkinson
Floral Heights Methodist Church
3. Comments from the public to members of the City Council on items which
are not on the City Council Agenda. (The Regular Agenda will begin
upon completion of public comments, or no later than 9:00 a.m.
Individuals who prior to this Council meeting signed up to speak, but
could not be heard before 9:00 a.m. due to time constraints, may
speak at the conclusion of the meeting.)
4. Approval of Minutes
CONSENT AGENDA
5. Award of Bids:
a. Award Of Bid For The Purchase Of The City's Annual Requirement Of
Fall Flowers, To Dream Valley Farms, In The Amount Of $17,604.00.
REGULAR AGENDA
6. Ordinances:
a. Ordinance Relocating A 15-Foot Wide Utility Easement In Lot 7D,
Block 5, Rivercrest Park Addition. (City Council Bill #193)
b. Ordinance making an appropriation in the Water and Sewer Fund for
expenditures to purchase pump control valves for Lake Arrowhead
Raw Water Pump Station. (City Council Bill #194)
7. Resolutions:
City Council Agenda -August 18, 1998
Page 2
a. Resolution to Award Bid and Contract for Pump Control Valve Systems
for Arrowhead Raw Water Pump Station (City Council Bill #195)
b. Resolution To Approve Engineering Contract With The Firm Of Biggs &
Mathews, Inc., For An Engineering Study For The Development Of A
Master Wastewater Plan (Plan Year 2000 - 2050) (City Council Bill
#196)
c. Resolution Authorizing The City Manager To Enter Into A Professional
Services Agreement For Architectural Services With Staley Baker
Monson And Phillips Swager Associates For New Fire Stations. (City
Council Bill #197)
d. Resolution Authorizing The City Manager To Apply For FY 1998 Local
Law Enforcement Block Grant. (City Council Bill #198)
e. Resolution Amending Article III, Section 6 Of The By-Laws Of The
Wichita Falls Economic Development Corporation Concerning Bond
Requirements For The President And Secretary-Treasurer. (City
Council Bill #199)
f. Resolution Approving the FY 1998-99 Budget for the Wichita Falls
Economic Development Corporation (4A Sales Tax). (City Council Bill
#200)
g. Resolution Approving the FY 1998-99 Budget for the Wichita Falls 4B
Sales Tax Corporation. (City Council Bill #201)
h. Resolution Expressing The Intent To Place A Proposal To Adopt A
Property Tax Rate Exceeding The Notice And Public Hearing Limit On
A Future City Council Agenda And Scheduling A Public Hearing On
The Proposal. (City Council Bill #202)
i. Resolution Requesting A Route Designation Change for US 277 in the
City of Wichita Falls. (City Council Bill #203)
8. Award of Bids:
a. Award Of Bid For The Purchase Of The City's Estimated Annual
Requirement Of Meter Boxes And Lids To The Marta Company, In The
Amount Of$48,443.20.
9. Other Council Matters:
a. Discussion of items of concern to members of the City Council.
b. Staff/Council discussion.
City Council Agenda -August 18, 1998
Page 3
10. Recess for Budget Discussion:
The annual City Council Budget Hearings will be held August
18, 19, 20 and 21, 1998. The hearings will begin August 18th after the
conclusion of the Regular City Council Meeting and will continue, if
necessary, on August 19, 20, and 21 at 8:30 a.m.
11. Adjourn.
Wheelchair or handicapped accessibility to the meeting is possible by
using the handicapped parking spaces, ramp and elevator located off the
east parking lot on 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
19 at o'clock (a.m.)(p.m.)
City Clerk