Min 01/16/1996 105
Wichita Falls, Texas
Memorial Auditorium Building
January 16, 1996
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 :
Michael Lam - Mayor
Don Johnston - Councilors
Dan Shine -
Angus Thompson -
Bill Daniel -
J. W. Martin -
Harold Hawkins -
Jim Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Lam called the meeting to order.
The invocation was given by Rev. Mike Rucker, Bible Baptist
Church.
Item 3
Moved by Councilor Thompson that the minutes of the January
2 , 1996 meeting be approved.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Lam. Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins .
Nays : None
Items 4a-6b
Moved by Councilor Martin that the Consent Agenda be
approved.
Motion seconded by Councilor Daniel and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins .
Nays : None
Item 4a
RESOLUTION NO. 9-96
RESOLUTION APPROVING AMENDMENT NUMBER THREE WITH
SIMMONS AIRLINES, INC. , FOR LEASE OF PREMISES AT THE
WICHITA FALLS MUNICIPAL AIRPORT
106
Item 4b
RESOLUTION NO. 10-96
RESOLUTION APPROVING AMENDMENT NUMBER NINE WITH
ATLANTIC SOUTHEAST AIRLINES, INC. FOR LEASE OF PREMISES
AT THE WICHITA FALLS MUNICIPAL AIRPORT
Item 5a
RESOLUTION NO. 11-96
RESOLUTION TO AWARD BIDS FOR CHEMICAL POLYMERS FOR
SLUDGE DEWATERING
Item 6a-6b
Minutes of the following boards were received.
a . Plumbing and Mechanical Board of Adjustments and
Appeals, December 20, 1995
b. Library Advisory Board, December 5 , 1995
Item 10a
Mayor asked that Item 10a and 10b be moved up on the agenda.
Moved by Councilor Johnston to award bid for the purchase of
mobile folding banquet tables, seminar tables and banquet/meeting
room stages to Sico Incorporated in the amount of $56, 897 . 22 .
Motion seconded by Councilor Martin and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 10b
Moved by Councilor Martin to award bid for a networked
computer system for MPEC to ComputerSmith of Wichita Falls in the
amount of $28 , 329 . 94 .
Motion seconded by Councilor Daniel .
Kay Yeager, 2111 Avondale, Chair MPEC Board, explained that
this was in the form of a request for proposal (RFP) and these
were sent out to nine local firms of which four sent proposals .
One was rejected because it did not comply with all the items
requested. Another was rejected because it did not address a
pier to pier network system. Of the other two, this one came
nearer to meeting all the perimeters of the RFP.
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
w
Nays : None
107
Item 7a
A public hearing on hazardous structures was held.
Mayor Lam explained the purpose of the public hearing and
read a portion of the Ordinance under which the City operates .
The perimeters are that a detailed set of plans and time schedule
is presented at the hearing and that the owner establishes at the
hearing that the work cannot reasonably be completed within
thirty days .
Mayor declared the public hearing open.
Ray Barnes, 2422 Brentwood, owner of 610 Burnett, informed
that he had discussed this with Mr. King and it has been worked
out .
Councilor Martin asked if any of these had been to the
Council before and Mr. King replied that 1602 Burnett had.
Robert C. Lyon, 1410 llth St . , referred to 1602 Burnett and
stated that a man was buying the house from him. This man has
helped to remodel four pieces of property in that area which are
back on the tax rolls . Mr. Lyon stated that the property at 1602
Burnett had been cleaned up and secured, and he did not
understand why the City wanted to take this property off the tax
rolls . He said it was not right . Mr. Lyon said that the man has
worked on it as much as he can and when he can because he has to
make a living for his children.
Mr. King informed that this property had a fire in 1986 and
it was not owned by Mr. Lyon at that time . It was presented to
the Council in 1988 and an order was placed to either do major
repairs or to demolish. After the hearing was held, the property
was sold and no major repairs have been done . The building is in
the same condition as it was in 1986 . It has gone through two
different owners and to date there has been no activity on it .
There is no current building permit on it . Mr. King stated that
there had been some cosmetic work done to the exterior of the
building but no major repair has been done to the supporting
members of the building.
Mayor asked Mr. Lyon if he would agree to submitting the
City a set of plans and time schedule to get this done . Mr. Lyon
replied that he would after he talked to his attorney. He said
that most of the work that had been done was on the levelling of
the building. Mr. King stated that our inspections did not
provide any information that the building had ever had any
repairs .
Mayor Lam informed Mr. Lyon that he had until the end of the
week to consult with his attorney and see if he can come in and
comply with the ordinance and if not the City will proceed with
normal procedure and demolish the structure .
Mr. Lyon replied that he did not see how the City could make
him spend money on property that is not economically feasible to
do at this time . There are hundreds of buildings in this town
just like that and why me .
Mayor Lam stated that the City has addressed hundreds of
buildings and we do it all the time . This is a matter of safety
and health for our citizens . The only reason it was done is
because we have an ordinance that forces people to do it and it
does not sit out there forever. He advised Mr. Lyon if he felt
he had a legal right to protect this property for him to see his
attorney. Mayor repeated that if he had other avenues or
approach he would have the rest of the week to consult with his
attorney.
Mr. Lyon said he never received a notice . Mr. King informed
that a registered letter was sent to Mr. Lyon and signed by him.
108
Item 7a cont' d
Mr. Lyon informed that 1611 Burnett is half of the property
on which he plans to build mini-warehouses . That building in
the meantime could be used as an office and he does not know why
it needs to be torn down. Mr. King informed that the inspection
report on that property initially on that problem was the result
of a structure fire . Mr. Lyon had been provided a fire report .
Mayor stated that Mr. Lyon had a structure where people
can come into and basically set a fire and lose their life . It is
unsafe . He instructed Mr. Lyon to get with Mr. King to work out
the details and seek legal representation if he wants to. Mr.
Lyon said that Charles Chastain represents him and whatever he
says goes, and Mr. King can contact him. Mayor informed Mr. Lyon
that Mr. King was under no obligation to contact him.
Roland Marchand, 2004 Santa Fe, spoke on 1604 Collins and
stated that he has discussed this with Mr. King. The property is
in his name and he has a buyer for it . The buyer wanted to know
if he would be allowed time to repair it . Mr. Marchand asked for
time for the buyer to repair the property. If the buyer does not
repair it, Mr. Marchand agreed that either he or the City take
care of it . Mayor directed him to bring the buyer in to talk
with Mr. King. Mr. King will advise the Council on this matter.
Larry Woods, 1405 and 1407 Burnett, said he sold one piece
of property and someone else looked at the other, but it was red
tagged and they backed out . He has had difficulty getting
estimates and he thinks it would be too expensive to get it up to
code . He said it now appears that he will need to demolish some
of the structures on one and both of the structures on the other.
He asked that he be allowed the same courtesy as Mr. Marchand
because he still has some people interested in it .
Mayor replied that the City would work with him but it would
have to be done on a timely basis and Mr. King has to see that
progress is being made . He directed Mr. Woods to contact Mr.
King to see what it will take and he will report back to the
Council . Mr. King informed that Mr.Woods had agreed to demolish
the two front residences and a garage and save the rear building.
David Brock, 1209 21st Street, said he was carrying the note
on 802 Harding and that it is owned by Bill Fleming. The
building is secure but the roof needs to be repaired. No
utilities are hooked up. He asked that he be allowed time to
repair the roof and secure it to get it to a leaseable situation.
Mayor instructed Mr. Brock to contact Mr. King and provide him
with a set of plans and a time table in order to work this out .
Harold Blow, 1408 Normandy, referred to 713 and 717 Harding
and requested additional time to determine whether it was
economically feasible to repair the properties . He is in the
process of obtaining information to make that decision. He asked
for an additional thirty days . Last time he made repairs on 717
Harding was yesterday and he has only cleaned out 713 Harding but
no repairs have been made .
Councilor Hawkins suggested allowing Mr. Blow an additional
thirty days to enter in a contract to either repair or demolish,
subject to time frame . Mr. King stated that they would work with
him if he provided a plan and specifications . It will take major
renovation to meet even minimum standards . Councilor Hawkins
said that Mr. Blow will have thirty days to make a decision and
if he does not, we will demolish. Mr. Blow agreed. Mayor
clarified that this applied to both structures .
No one else wished to be heard. Mayor Lam declared the
public hearing closed.
109
Item 7a cont' d
ORDINANCE NO. 8-96
AN ORDINANCE CLOSING HEARING AND FINDING CERTAIN
BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING
PROPERTY OWNERS TO DEMOLISH SUCH BUILDINGS AND/OR
STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS
ORDINANCE AND DECLARING AN EMERGENCY. FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Martin that Resolution No. 8-96 be
passed.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 8a
ORDINANCE NO. 9-96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING CHAPTER 29, "TRAFFIC" OF THE
WICHITA FALLS CODE OF ORDINANCES SO AS TO PROVIDE FOR
NEW SECTION 29-126, PREVIOUSLY RESERVED, PROVIDING FOR
THE APPOINTMENT OF INDIVIDUALS TO ENFORCE DISABLED
PARKING LAWS; REPEALING ALL ORDINANCES AND PROVISIONS
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND
SAVING CLAUSE; AND FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Johnston that Ordinance No. 9-96 be
passed.
Motion seconded by Councilor Thompson.
W. C. Young, 1018 Widows Lane, urged the Council to do the
right thing and vote in favor of this ordinance .
Charles Moose, 1908 Giddings is a disabled veteran, and he
urged Council to do something about enforcing disabled parking
laws . He said they would be helping not only the veterans but
the senior citizens and the disabled persons . This ruling was
passed by the State and needs your support .
Giola Kluver, 2938 Elliott thanked Council for listening to
these people .
Chief Harrelson stated that he is in support of this
ordinance and feels it will be beneficial to the City. The
details will be worked out, but some of the qualifications which
will be considered in appointing these persons will be that they
have a good record, that they are citizens of Wichita Falls,
among others . Also, training will be provided.
Council was concerned that the right persons be selected to
enforce this ordinance . Chief Harrelson assured Council that
they plan to make the best selections and that they plan to watch
over them.
Motion carried by the following vote .
110
Item 8a cont' d
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 9a
RESOLUTION NO. 12-96
RESOLUTION TO APPROVE CITY PARTICIPATION IN THE ,. .
NATIONAL PARTNERSHIP FOR SAFE WATER PROGRAM
Moved by Councilor Johnston that Resolution No. 12-96 be
passed.
Motion seconded by Councilor Hawkins .
Councilor Johnston stated, for the record, that the City
water is safe and there is no safety problem; this is just for an
improvement .
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 9b
RESOLUTION NO. 13-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR
ASSISTANCE UNDER THE TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT EMERGENCY SHELTER GRANT PROGRAM,
AND TO EXECUTE ANY NECESSARY CONTRACTS WITH THE STATE
AND NONPROFIT AGENCIES INCLUDED IN THE APPLICATION TO
OPERATE THIS PROGRAM; FINDING AND 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. 13-96 be
passed.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 9c
RESOLUTION NO. 14-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO APPLY FOR SEVENTH
YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG
ENFORCEMENT TASK FORCE; FINDING AND 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. 14-96 be
passed.
111
Item 9c cont'd
Motion seconded by Councilor Shine .
Sgt . Jerry Riley, 5129 Edgecliff, provided an update on the
grant . The grant is for $465, 000 with a 25o match, which is
$116, 000, and with the entities involved in this the City' s
liability will be $1, 648 . However, they are expecting that the
grant will pay for itself as it has in the past . Sgt . Riley
provided current stats on drug seizures and arrests . He informed
that there had been a dramatic increase in the availability of
methamphetamine, and that is the biggest problem they are facing.
Motion carried by the following vote .
Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Councilor Shine left the Council Chambers .
Item 9d
RESOLUTION NO. 15-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
MANAGEMENT CONTRACT AND LEASE AGREEMENT WITH THE
WICHITA COUNTY-CITY OF WICHITA FALLS HOSPITAL BOARD,
THE WICHITA GENERAL SERVICE CORPORATION, AND WICHITA
COUNTY, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
SAID AGREEMENT; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Martin that Resolution No. 15-96 be
passed.
Motion seconded by Councilor Johnston.
Mayor allowed Wichita General Service Corporation and the
City/County Hospital Board to address this issue .
Tom Elam, 1708 Hursh Ave . , did not have any additional
comments but the Service Corporation Board still urges Council to
pass this proposed resolution and adopt the management contract .
Frank Yeager, 2111 Avondale, addressed the excess funds and
stated that they belong to the citizens of Wichita Falls, and as
their representatives, responsibility lies with the City/County
Hospital Board. I do not understand how control of these funds
affect the operation of the Hospital . I do understand how
control of these funds affects the treatment of the outstanding
debt . However, this contract leaves control of excess funds
solely under the Service Corporation Board. The nearly $17
million in outstanding bonds represent a mortgage on Wichita
General Hospital . The Service Corporation leases the Hospital
and we are talking about a five year lease . I believe the
discussions regarding the mortgage belong to the owners and not
to someone who leases the property. The first call date on these
bonds falls in 1997 . Mr. Yeager urged the Council to let the
owners, the citizens, make that decision on these bonds . It
affects each one of us .
William C. Young, 1018 Widows Lane, agreed with Mr. Yeager
and urged Council to follow his recommendations .
Giola Kluver, 2938 Elliott, stated that we have a job which
needs to be done now.
112
Item 9d cont' d
Councilor Daniel stated that excess funds had been the focal
issue of these discussions . He asked why these funds were so
important and what role they play and how the Hospital views
them.
Jeff Hausler, 4701 Willowbend, stated that these excess
funds are reserves . They have never been significantly reduced
but have accumulated over the last few years . When the
Corporation was formed there were no reserves . We are proud of
the fact that we have been able to amass enough reserves to have
a bit of a comfort zone in today' s very trying health care
environment . I think that we have seen the reserves as necessary r
to have that buffer, given the volatility of the health care
industry as we see it now and in the future . The Corporation has
no intent of misuse of those fund, but retaining those funds
which represent the equivalency of four months operation of the
Hospital . He informed that there is an orderly plan to retire
the bonds .
Councilor Martin stated that he has two reservations,
although he has full confidence in the Board. One is that the
investments should follow the Texas guidelines as the City does .
Second, the excess funds need some safeguards in those reserves
for the bond indebtedness of the Hospital . We need to know what
those safeguards are because we have to answer to the citizens of
Wichita Falls . If something happens that it comes back to the
City and County, it would fall back on the citizens of Wichita
Falls . If there is any way to come to an agreement I think those
are the two changes we need to make .
Councilor Johnston asked the Service Corporation Board for
their comments on the two suggestions presented by Councilor
Martin.
Mr. Elam replied that he believed their investment policy
already complies with the Public Fund Investment Act, however, if
necessary they would modify their policy. Regarding reserves,
they feel that in the medical environment they have to be able to
compete with the private industry and they need to be able to be
flexible in providing health care service to the citizens . That
will require us to have control over those reserve funds . There
are guidelines in the proposed contract that limit our
expenditures and we have agreed to those guidelines . You cannot
operate the Hospital without controlling the finances of the
Hospital . We are in agreement to put restrictions on those
excess funds .
Councilor Johnston asked Mr. Elam if he felt the requirement
of City/County Hospital Board approval before expending excess
funds would restrict their operation. Mr. Elam replied that they
feel that would restrict them but if it takes further
restrictions to come to an agreement, they are willing to talk
about it .
Councilor Daniel commented that the volatility of the
medical community changes daily and we do not know what is going
to happen. Our goal is how to best provide health care for the
City of Wichita Falls and the Board is prepared to do that .
Regarding excess funds, there have been talks about having to
utilize those funds for capital expenditures which would have
touched them in a strong manner. Mr. Hausler stated earlier that
reversals could occur and we as a City Council have to address
that . We came up with some language during our worksessions to
address these concerns .
Mr. Elam stated that we are fortunate in this market to have
the reserve funds that we do have . The importance is that we can
and do have the capital to respond in today' s market and to
change some of our direction in a way that meets how medical care
is provided today. The delivery and integrated services we have
today is going to put more demands on us to do some activities
which would have been considered unconventional ten years ago.
113
Item 9d cont' d
But, this is how we feel we can best protect the assets of the
Corporation and how to provide medical care to the citizens of
Wichita Falls . We can use these reserves to respond to that .
Councilor Daniel said that the Council wants them to be able
to respond and at the same time to be able to insure that the
communication is there between the operating Board and the
ownership Board.
Mr. Elam commented that in addition to the contract, they
had offered a memorandum of understanding where two Hospital
Board members would sit as full voting members and would be
included in their Board retreats and educational sessions . They
also committed to a two-way communication.
Councilor Martin asked if it would still be an eleven member
board or thirteen member. Mr.Elam replied that it would be a
thirteen member board.
Councilor Johnston stated that the Board has brought the
Hospital to a high state of being, financially stable and is
being well managed. Also, the communication has been open between
the Council, the County and the Board.
Mr. Elam commented that they are also going to begin
providing an annual state of the hospital report to each of the
governing boards to keep them more informed.
Councilor Hawkins expressed approval for the job the
Corporation Board has done, however, two of the City' s three
appointees to the Hospital Board have recommended not to accept
the contract as written. It is a minority position on the Board,
but they are two of the City' s representatives and he thought
their recommendation should be considered.
Councilor Thompson said that the Wichita General Hospital
has been run very properly and the citizens of Wichita Falls have
learned more about the Hospital' s operation and how it is run in
the past two weeks than in the past two years . He suggested that
the two attorneys, City Attorney and Corporation Board attorney,
review this for legal purposes .
Councilor Johnston moved that the contract be amended as
proposed from the two worksessions to the extent that paragraph
eight be amended entitled "Annual Budget" to add to the end of
such paragraph the following wording: expenditures of excess
funds outside of annual operating and capital budget shall
require the approval of both the Corporation Board and the
Hospital Board before being encumbered. Excess funds shall be
defined as prior year funds not pledged to support the annual
capital budget and operating budget . The second amendment would
be to add to the end of paragraph nine entitled "Investment of
Net Revenues" the following wording: Investments by the
Corporation shall be made in conformance with the Public Fund
Investment Act, Chapter 2256 of the Texas Government Code.
Motion seconded by Councilor Daniel .
Councilor Hawkins stated that the motion would amend the
lease agreement which would require for the lease agreement to be
re-considered by all parties involved. If we vote this motion
in, we will be rejecting the contract .
Mr. Elam said that they would agree to these amendments,
but, he suggested a letter of agreement instead of amendments to
the contract, however, they would be agreeable to either.
City Attorney suggested that it be an addendum between the
Service Corporation and the City for execution by those two
entities . Discussion was had regarding how this should be
handled.
114
Item 9d cont' d
Councilor Johnston and Councilor Daniel withdrew their
motion and second to amend the contract .
Mr. Yeager asked for clarification on the suggestions and
requests for expenditure of funds from the City/County Board to
the Service Corporation. City Attorney clarified that the
proposed language in the amendment does not give the owner Board
the decision process for retiring the bonds . This language gives
the owner Board the right to consent to recommended expenditures
of excess funds by the Service Corporation Board.
Steve Cookingham, 1513 Mesquite, commented that five members ,,,
of the seven on the Hospital Board voted for this contract . Mr.
Yeager does not speak for the Board. In reference to the excess
funds, our Board would be in agreement with the amendments if the
Service Corporation agrees . We do not want to take the decision
of when to retire funds . If the Service Corporation feels it
would not be a burden to their operation, we would be receptive .
Moved by Councilor Johnston that the two paragraphs be
addressed by an addendum to be signed by the City and the two
Boards .
Motion seconded by Councilor Daniel .
Councilor Hawkins suggested that there be a provision to
allow the City/County Board to have input over the indebtedness .
We have to have the City/County Board address this issue and hold
the line on it ; mutual consent is not enough.
Discussion was had regarding expenditure of excess funds .
Councilor Thompson was concerned that they had not had time
to review all the material and fine tune the language .
- - - - - - -
City Council recessed at 10 : 20 a.m. and reconvened at 10 : 35
a.m.
Mayor informed that Councilor Shine had not and would not
participate in any discussion or action dealing with the Wichita
General Hospital contract . Councilor Shine has not been in
attendance during the consideration and discussion of this agenda
item.
Mr. Elam stated that they have agreed to the two amendments
previously addressed with further assurances that the two boards
are going to communicate with each other and the Service
Corporation is going to listen to the City/County Board' s
recommendations and will give them due process . Mr. Elam
informed that Mr. Yeager had assured them that they are not
interested in running the Hospital and will listen to the Service
Corporation' s recommendations . Also, concern was expressed that
this should be an agreement which should be signed off by the
City/County Board and the County.
Mr. Yeager agreed with Mr. Elam and said that this should be
a two-way arrangement, and it can be under this contract .
Councilor Hawkins requested that any and all minutes of the
City/County Board be included in the Council packets the same as
any and all other boards and commissions appointed by the
Council .
Mr. Elam clarified that this be an addendum to be signed off
by all parties involved.
Moved by Councilor Hawkins that an addendum to the contract
be approved and that the Mayor be authorized to sign the contract
115
Item 9d cont' d
contingent upon the addendum being approved by all parties
involved. The addendum would consist of the following verbage .
1) That paragraph 8, entitled Annual Budget, be amended to add at
the end of said paragraph the following language : "Expenditures
of excess funds outside of the annual operating and capital
budgets shall require the approval of both the Corporation and
the Board before being encumbered. Excess funds shall be defined
as prior year funds not pledged to support the annual capital and
operating budgets . " 2) That paragraph 9, entitled Investment of
Net Revenues, be amended to add at the end of said paragraph the
following language : "Investments by the Corporation shall be made
in conformance with the Public Fund Investment Act, Chapter 2256
of the Texas Government Code .
Motion seconded by Councilor Daniel and carried by the
following vote .
Ayes : Mayor Lam, Councilors Johnston, Thompson
Daniel, Martin, and Hawkins
Nays : None
Abstentions : Councilor Shine (Not in attendance)
Councilor Shine returned to the Council Chambers .
Item lla
Charles Moose, 1809 Giddings, asked that the REACT Team be
reactivated to work with the Police Department and Council during
emergency situations . Chief Harrelson informed that he had
discussed this with Mr. Muse and would follow-up on the
discussion and report back to the Council .
Mr. Moose asked that streets be cleared of tree limbs which
overhang. Mayor suggested that he discuss his concerns with Mr.
Bob Parker of the Traffic and Transportation Department .
Sam Saucer, Circle K Stores, expressed concerns because of
no left turn on to Callfield off Kemp, and further extension of
the median. This would hinder the convenience of their patrons .
He suggested that Council consider a limited hours left lane
turn. Mayor informed Mr. Saucer that he should contact Mike
Battles with the Texas Department of Transportation and express
his concerns and his recommendations, since they are working on
the engineering aspect of that project . Councilor Daniel stated
that it was the Council' s intent to facilitate traffic along that
avenue of Callfield.
Giola Kluver, 2938 Elliott complained about citations which
were issued to her and about the Code Enforcement .
Item llb
Councilor Shine invited everyone to the Kiwanis Pancake Feed
on Saturday, January 27 at MPEC.
Councilor Martin asked about the new street markers which
are beginning to peel and chip. Mr. Parker stated that they do
peel and chip, but it is less expensive than painting even with
the repairs .
Councilor Daniel asked for a report on the police academy
applicants . Chief Harrelson informed that they had 296
applicants and 212 showed up for the test . There are eight
positions available and we are going over the tests and will
probably hire about fifteen.
116
Item llb cont' d
Councilor Hawkins asked the elevation of Lake Wichita. Mr.
Bonnett informed that this morning it was 975 . 9 . It has gone up
about one half inch a day.
Councilor Hawkins suggested holding a called meeting for new
appointees to the City' s Development and Infrastructure Committee
with the Council present to show our support .
Councilor Thompson said that he was glad to see that we are
able to compromise on the Hospital contract . He expressed
appreciation to people of all color who remembered the legacy of
the late Martin Luther King, Jr. He added that we should try to
make our City better and look out for those of different races
and different genders and include them in the improvement of our
City and our activities .
Mayor mentioned the forming of a committee to review what is
going on in our community and what needs to be done to improve
our City and how to pay for those improvements . He asked for
recommendations from the Council members . The following
appointments were made to the City' s Development and
Infrastructure Committee .
Councilor Shine : Ray Roberts, Steve Morath, Charles Thomas
Councilor Martin: Dan E . Davis, John L. Wellsfry, Munir
Lalani
Councilor Daniel : Arnold Oliver, Dee Ann Martin
Mayor Lam: Jack Bock, Bobby Schaaf, Paul Hughes
Councilor Johnston: Will call his in.
Councilor Hawkins : Joe Johnson, Ramon Benavidez , Betty
Butler
Councilor Thompson: Otis Polk, Jr. , Judd Smith
Mayor directed City Manager to contact these persons and set
a public meeting. The vacancies left are in the following pow
districts : Councilor Daniel (1) , Councilor Johnston (3) , and
Councilor Thompson (2) . They will call and submit their j
recommendations to fill these vacancies . No additional action is
necessary.
Item llc
City Manager informed that they were ready to begin
negotiations with the golf course people . Mr. Dockery stated
that the clock is ticking and we need to move on this . City
Manager invited three Council members to meet with them.
Councilors Johnston, Shine and Martin will meet with them.
City Manager reminded Council of TML Region V meeting in
Henrietta, Thursday, January 18 .
The City Council adjourned at 11 : 10 a.m.
PASSED AND APPROVED this day of ILLY
19-6 .
i
K
Michael Lam, ayor
ATTEST:
Ly i Torres
Cit C:1erk