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Min 04/16/1996 172 Wichita Falls, Texas Memorial Auditorium Building April 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 Bill Sullivan - Asst . City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Larry Brownfield, Faith Baptist Church. Mayor Lam proclaimed April 16, 1996 as "Buddy Poppy Sale Day" in Wichita Falls in recognition of Veterans of Foreign Wars. The Ladies Auxiliary of VFW Post 8878 presented a citation of merit to Chief Harrelson for outstanding work done by the police department in our community. Fire Chief Ronnie James was also presented a citation of merit by the Ladies Auxiliary for outstanding work in keeping the community safe. Mayor Lam proclaimed April 19-21, 1996 as "Special Olympics Week" in Wichita Falls and encouraged citizens to participate and to observe this event. Mayor Lam proclaimed April 21-28, 1996 as "Week of the Young Child" in Wichita Falls and urged everyone to exert wisdom with children. Item 3 Moved by Councilor Thompson that the minutes of the April 2, 1996 meeting be approved. Motion seconded by Councilor Shine and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None 173 Items 4a-5g Moved by Councilor Johnston that the Consent Agenda be approved. Motion seconded by Councilor Shine and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 4a RESOLUTION NO. 39-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL RELEASE ARISING DURING MEDIATION WITH TROY EUGENE SMITH, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5a Minutes of the following boards and commissions were received: a. Aviation Advisory Board, April 3, 1996 b. Wichita Falls Park Board, March 28, 1996 c. Planning and Zoning Commission, March 13, 1996 d. Wichita Falls Traffic Safety Commission, March 6, 1996 e . Board of Adjustment, February 21, 1996 f. Wichita Falls Clean Country, March 27, 1996 g. Employee Benefits Trust, April 4, 1996 Item 6a ORDINANCE NO. 52-96 ORDINANCE WAIVING SECTION 22-1 (a) (2) TO PERMIT VEHICLES ON THE BALLFIELD AND GRANTING EXTENDED RESERVATION LICENSE TO THE TEX-MEX BASEBALL LEAGUE APRIL 16-SEPTEMBER 1, 1996 IN THE SPUDDER AND WILLIAMS PARKS . Moved by Councilor Thompson that Ordinance No. 52-96 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 6b ORDINANCE NO. 53-96 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 29 "TRAFFIC" OF THE WICHITA FALLS CODE OF ORDINANCES TO AMEND SECTION 29-124, PROVIDING FOR THE DESIGNATION OF PARKING SPACES FOR THE DISABLED; REPEALING ALL ORDINANCE AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SAVING 174 Item 6b cont ' d. CLAUSE; FINDING AND 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. 53-96 be passed. 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 6c ORDINANCE NO. 54-96 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX C "ZONING ORDINANCE" OF THE WICHITA FALLS CODE OF ORDINANCES TO AMEND SECTION 6226, PROVIDING FOR THE DESIGN STANDARDS OF HANDICAP PARKING FACILITIES; REPEALING ALL ORDINANCE AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SAVING CLAUSE; 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 Ordinance No 54-96 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 6d ORDINANCE NO. 55-96 ORDINANCE WAIVING SECTION 22-1 (a) (9) OF THE CODE ORDINANCES TO PERMIT SIGNS AT A MARCH OF DIMES EVENT APRIL 27, 1996 IN LUCY PARK Moved by Councilor Shine that Ordinance No. 55-96 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 175 Item 6e ORDINANCE NO. 56-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF BARNETT ROAD, ADJACENT TO THE WEST LINE OF LOT 21, TURTLE CREEK ESTATES Moved by Councilor Martin that Ordinance No. 56-96 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 6f ORDINANCE NO. 57-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF BARNETT ROAD ADJACENT TO THE WEST LINE OF LOT 21, TURTLE CREEK ESTATES Moved by Councilor Martin that Ordinance No. 57-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins how Nays : None Item 6g ORDINANCE NO. 58-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF HIGHWAY 79 ADJACENT TO THE NORTH LINE OF LOT 10, BLOCK 11, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Thompson that Ordinance No. 58-96 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 6h ORDINANCE NO. 59-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF HIGHWAY 79 ADJACENT TO THE NORTH LINE OF LOT 10, BLOCK 11, CHEROKEE COUNTY SCHOOL LAND 176 Item 6h cont ' d. Moved by Councilor Martin that Ordinance No. 59-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6i ORDINANCE NO. 60-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF HIGHWAY 79 ADJACENT TO THE NORTH LINE OF LOT 9, BLOCK 11, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Johnston that Ordinance No. 60-96 be passed. 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 6j ORDINANCE NO. 61-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF HIGHWAY 79 ADJACENT TO THE NORTH LINE OF LOT 9, BLOCK 11, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Martin that Ordinance No. 61-96 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6k ORDINANCE NO. 62-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE OF GOODMAN ROAD ADJACENT TO THE SOUTH LINE OF LOTS 3 & 4, BLOCK 37, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Thompson that Ordinance No. 62-96 be passed. 177 Item 6k cont ' d. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 61 ORDINANCE NO. 63-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF GOODMAN ROAD ADJACENT TO THE SOUTH LINE OF LOTS 3 & 4, BLOCK 37, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Martin that Ordinance No. 63-96 be passed. Motion seconded by councilor Hawkins and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6m A proposed ordinance was presented waiving Appendix A, Subdivision Section 9 (B) (2) (a) of the Code of Ordinances with respect to placing curb and gutter on the north side of Reilly Road, adjacent to the south line of Lots 1 & 2, Block 1, Rivas Addition. Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Thompson. Robert Seabury, 2021 Clarinda stated that Reilly Road has one- third curb and gutter and the other two-thirds does not, and waivers have been granted on Reilly Road to numerous persons in the past including myself. Reilly Road needs to be re-paved along with curb and gutter. He did not see a reason for requiring him to put curb and gutter in that one particular place when the entire street needs to be addressed. Councilor Hawkins stated that he lives in that area agreed that it does need to be addressed in regards to tearing up, widening, and putting curb and gutter in there. This does abutt to a sidewalk, and it is needed in this area. Every piece of sidewalk that we can get put in there is going to help. Staff needs to look at that when they start doing some of the work and see if they can' t take that sidewalk up to Nobhill . Curb and gutter is the first step to getting a sidewalk put in. Councilor Daniel asked if this was a similar situation to the one Council discussed regarding the road west of the soccer fields by Memorial Stadium and could this be a possibility here . Mr. Bonnett replied that he did not believe so. We can require the developer to submit a set of plans that will match the ultimate grade, therefore, we can save the curb and gutter and sidewalks which will be constructed here. 178 Item 6m cont ' d. Mayor Lam commented that all kinds of waivers had been granted on Reilly Road. When you go in and re-do work you tear up everything and you have to start all over again. Councilor Thompson asked if there were any future plans to improve Reilly Road. Mr. Bonnett replied that we have the unfunded Capital Improvements Project for Reilly Road and it is also being carried in Transportation Improvement Plan. There are no short term fundings for that project . It is advantageous to do it all at one time, but I do not believe that is an offer. Consequently, we are better off to get it, otherwise, it would have to be done at taxpayers expense. Motion failed by the following vote. Ayes : Mayor Lam Nays : Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 7a RESOLUTION NO. 40-96 RESOLUTION SETTING THE PARKING FEE AT MUNICIPAL AIRPORT AT $1 . 00 Moved by Councilor Martin that Resolution No. 40-96 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 7b RESOLUTION NO. 41-96 RESOLUTION SUPPORTING RE-AUTHORIZATION OF FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) FUNDS AND URGING U. S. SENATORS, PHIL GRAMM AND KAY BAILEY HUTCHISON, AND U. S. CONGRESSMAN, WILLIAM THORNBERRY, TO ENSURE PASSAGE Moved by Councilor Martin that Resolution No. 41-96 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Shine Nays : None Item 7c RESOLUTION NO. 42-96 RESOLUTION AUTHORIZING THE CITY TO LEASE A PORTION OF WEEKS PARK TO JIMMY HOGGARD FOR OPERATION OF A CHILDREN' S AMUSEMENT FACILITY Moved by Councilor Shine that Resolution No. 42-96 be passed. 179 Item 7c cont ' d. Motion seconded by Councilor Johnston. City Manager informed that Mr. Hoggard is a dealer of amusement equipment and will have it on display to sell . He will replace that equipment which he sells . Mr. Murphy explained that Mr. Hoggard will repair equipment off site and only operating equipment will be in the park. Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Wiwi Nays : None Item 7d RESOLUTION NO. 43-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM BY ASSISTING THE WICHITA FALLS RAILROAD MUSEUM TO RELOCATE, FOR HISTORIC PRESERVATION AND TOURISM PURPOSES, THE STEAM LOCOMOTIVE CURRENTLY LOCATED IN ROTARY PARK, TO THE WICHITA FALLS RAILROAD MUSEUM LOCATED AT 501 EIGHTH STREET, LOTS 1 & 2, BLOCK 177, ORIGINAL TOWNSITE, CITY OF WICHITA FALLS, TEXAS; 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. 43-96 be passed. Motion seconded by Councilor Johnston. William C. Young, 1018 Widows Lane asked how much money is involved. City Manager said that it would be roughly $50, 000 with a match from the Railroad Museum to relocate . Mr. Young was leery of the match being provided by the Railroad Museum and he said this $150, 000 would better be served if used for the safety of the citizens . He also stated that it was not handicap accessible. He suggested tabling this item and letting the Railroad Museum raise their own money. Mr. Young also brought up ownership of Engine No. 3 and asked that rightful ownership be established. Mr. Dave Clark clarified that the application is for $21, 480 program, out of which the local match is $3580 which would have to be raised. Mr. Berzina informed that their first request was for $50, 000 but they got a cheaper price. They have to satisfy the grant people in regards to ADA requirements if those pertain to that Museum. City Manager stated that the Historical Society has co- sponsored some of the Museum' s projects including the renovation of the Route Building. However, he cannot accurately reflect how the Historical Society and the Railroad Museum are intertwined. Regarding the ownership, the Rotary Club will give a release to move that locomotive . Mr. Murphy stated that all the indication he had was that it was City owned. , Sherry Evans, 1991 North Shore, said she did not think the City should help the Railroad Museum. She and her husband served with the Railroad Museum and they were not treated properly. Mayor Lam stated that the Railroad Museum is under new management and today the Museum is run by people who want to do the best and have the best Museum. Mrs . Evans disagreed that the people in charge now were doing a good job. Councilor Thompson referred to what Mr. Young and Mrs . Evans had said. The handicap accessibility will be referred to by the grant application and the civil rights violation will be addressed 178 Item 6m cont ' d. Councilor Thompson asked if there were any future plans to improve Reilly Road. Mr. Bonnett replied that we have the unfunded Capital Improvements Project for Reilly Road and it is also being carried in Transportation Improvement Plan. There are no short term fundings for that project . It is advantageous to do it all at one time, but I do not believe that is an offer. Consequently, we are better off to get it, otherwise, it would have to be done at taxpayers expense. Motion failed by the following vote . Ayes : Mayor Lam Nays : Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 7a RESOLUTION NO. 40-96 RESOLUTION SETTING THE PARKING FEE AT MUNICIPAL AIRPORT AT $1 . 00 Moved by Councilor Martin that Resolution No. 40-96 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 7b RESOLUTION NO. 41-96 RESOLUTION SUPPORTING RE-AUTHORIZATION OF FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) FUNDS AND URGING U. S. SENATORS, PHIL GRAMM AND KAY BAILEY HUTCHISON, AND U. S. CONGRESSMAN, WILLIAM THORNBERRY, TO ENSURE PASSAGE Moved by Councilor Martin that Resolution No. 41-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Shine Nays : None Item 7c RESOLUTION NO. 42-96 RESOLUTION AUTHORIZING THE CITY TO LEASE A PORTION OF WEEKS PARK TO JIMMY HOGGARD FOR OPERATION OF A CHILDREN' S AMUSEMENT FACILITY Moved by Councilor Shine that Resolution No. 42-96 be passed. Motion seconded by Councilor Johnston. 179 Item 7c cont ' d. City Manager informed that Mr. Hoggard is a dealer of amusement equipment and will have it on display to sell . He will replace that equipment which he sells . Mr. Murphy explained that Mr. Hoggard will repair equipment off site and only operating equipment will be in the park. Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7d RESOLUTION NO. 43-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM BY ASSISTING THE WICHITA FALLS RAILROAD MUSEUM TO RELOCATE, FOR HISTORIC PRESERVATION AND TOURISM PURPOSES, THE STEAM LOCOMOTIVE CURRENTLY LOCATED IN ROTARY PARK, TO THE WICHITA FALLS RAILROAD MUSEUM LOCATED AT 501 EIGHTH STREET, LOTS 1 & 2, BLOCK 177, ORIGINAL TOWNSITE, CITY OF WICHITA FALLS, TEXAS; 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. 43-96 be passed. Motion seconded by Councilor Johnston. William C. Young, 1018 Widows Lane asked how much money is involved. City Manager said that it would be roughly $50, 000 with a match from the Railroad Museum to relocate. Mr. Young was leery of the match being provided by the Railroad Museum and he said this $150, 000 would better be served if used for the safety of the citizens . He also stated that it was not handicap accessible. He suggested tabling this item and letting the Railroad Museum raise their own money. Mr. Young also brought up ownership of Engine No. 3 and asked that rightful ownership be established. Mr. Dave Clark clarified that the application is for $21, 480 program, out of which the local match is $3580 which would have to be raised. Mr. Berzina informed that their first request was for $50, 000 but they got a cheaper price. They have to satisfy the grant people in regards to ADA requirements if those pertain to that Museum. City Manager stated that the Historical Society has co- sponsored some of the Museum' s projects including the renovation of the Route Building. However, he cannot accurately reflect how the Historical Society and the Railroad Museum are intertwined. Regarding the ownership, the Rotary Club will give a release to move that locomotive. Mr. Murphy stated that all the indication he had was that it was City owned. Sherry Evans, 1991 North Shore, said she did not think the City should help the Railroad Museum. She and her husband served with the Railroad Museum and they were not treated properly. Mayor Lam stated that the Railroad Museum is under new management and today the Museum is run by people who want to do the best and have the best Museum. Mrs . Evans disagreed that the people in charge now were doing a good job. Councilor Thompson referred to what Mr. Young and Mrs . Evans had said. The handicap accessibility will be referred to by the grant application and the civil rights violation will be addressed 180 Item 7d cont ' d. by some agency. He assured Mrs . Evans that we would not be involved with any organization which would violate anyone ' s civil rights . He suggested that she turn over any specific information to the City Attorney. Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7e RESOLUTION NO. 44-96 RESOLUTION SUPPORTING NORTH TEXAS VISIONS WICHITA FALLS IN THEIR APPLICATION FOR FUNDING THE SCOTT STREET ENHANCEMENT PROJECT AS AUTHORIZED UNDER THE ISTEA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM; 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. 44-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7f RESOLUTION NO. 45-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM BY PROVIDING THE NECESSARY MATCH TO FEDERAL AND STATE MONEYS AS REQUIRED UNDER THE ISTEA OF 1991 ENHANCEMENT PROGRAM; 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. 45-96 be passed. Motion seconded by Mayor Lam. City Manager pointed out that the City does not have the match on this . If funded, we would come back and suggest through budgetary savings or equity use to match this . Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 181 Item 7g RESOLUTION NO. 46-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR THE REPLACEMENT OF THE ARIZONA SEWER TRUNK MAIN, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OF CONDEMNATION; 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. 46-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7h RESOLUTION NO. 47-96 RESOLUTION ACCEPTING FINAL REPORT OF THE LIBRARY RELOCATION TASK FORCE AND APPOINTING A CITY COUNCIL COMMITTEE TO FORMULATE A PLAN ON THE FINAL DESIGN OF THE NEW LIBRARY AND METHODS OF FINANCING opw Moved by Councilor Daniel that Resolution No. 47-96 be passed. Motion seconded by Councilor Johnston. Mao Mayor informed that two weeks did not prove to be enough time to review sources of funding and design. Therefore, we are seeking to pass this resolution to prove that we are going to move forward quickly to make this happen. Mayor appointed Councilors Daniel, Shine, and Johnston as a three person committee to review the design criteria and report back to the Council on costs and recommendations . Councilor Daniel clarified that they are to come back with a final recommendation as far as scope of work and also a funding vehicle . Mayor answered affirmatively. We can come back in sixty days with a complete package for the Council to vote on and move forward. Mayor said that it would be the scope of the job and the Committee will meet with the architects to come up with an action item. The design can be modified. The goal will be to come back with the best but most economical package you can. Motion carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins F Nays : None Item 7i RESOLUTION NO. 48-96 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN OPTION AGREEMENT WITH CONTINENTAL HOUSING CORPORATION OF BAKERSFIELD, CALIFORNIA FOR THE SALE OF CITY OWNED PROPERTY HEREIN DESCRIBED; FINDING AND DETERMINING THAT 182 Item 7i cont ' d. THE MEETING AT WHICH THIS RESOLUTION AS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 48-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None At this time the City Manager added the following items for Council consideration, which were properly posted as additional items to the agenda on Friday, April 12, 1996. Item 7 ' ORDINANCE NO. 64-96 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF WICHITA FALLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT, A DEPOSIT AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT AND APPROVING AN OFFICIAL STATEMENT Moved by Councilor Martin that Ordinance No. 64-96 be passed. Motion seconded by Councilor Shine . Murphy Davis, 22 Chateau, represents Sentry Management, Inc. introduced Rick Porter with McCall, Parkhurst, Horton, City' s Legal Council, Jeff Shultz with Sentry Mgt, and Kent Smith with Southwest Securities, the proposed underwriter. Mr. Murphy stated that they had been instructed by Council to proceed with the re-financing of the City' s indebtedness . These are the bonds which can now be refinanced. We are able to refinance the General Obligation Bonds which is the first ordinance Council will consider this morning, and the second ordinance will be to refund the water and sewer obligations or revenue bonds . Mr. Murphy went over the Summary Report which he provided to Council, and is attached to the Council Minutes as an Exhibit . Mr. Rick Porter reported on the bond purchase contract. He informed that a new rule provides that underwriters cannot purchase bonds without a binding contract which provides continuing disclosure. There are six national depositories and one State into which your annual filings of financial information will be filed and will be available to all brokers . The information is not as extensive as in the initial statement; it is financial and statistical information. This will have to be done the first time by the end of March 1997 . The City is obligated to notify these same agencies of any material events which occur, such as rating changes, defaults, bonds become taxable, etc. We do not feel that this is going to be particularly burdensome to the City, and it is a healthy thing for the market . Also, the undertaking is limited enough where Mr. Werner' s office will be able to put the information together each year without great difficulty. The Ordinances approve the preliminary official statements and authorize final official statement to be prepared and made available to the underwriters . 183 Item 7j cont ' d. Mayor informed that Council will vote on Council Bill No. 108 first, refunding of General Obligation Bonds, and then on Council Bill No. 109, refunding of Water & Sewer System Bonds . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None ORDINANCE NO. 65-96 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS, WATER AND SEWER SYSTEM REFUNDING REVENUE BONDS, SERIES 1996; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT, A DEPOSIT AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING AN OFFICIAL STATEMENT Moved by Councilor Johnston that Ordinance No. 65-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8a Moved by Councilor Shine to award bid to MBF Corporation for the City' s annual requirement of special computer forms quarterly supply of computer stock forms for the City and County, in the amount of $18, 970 . 08 (City - $11, 232 . 02; County - $7, 738 . 06) . Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilor Johnston, Shine, Thompson, Daniel, Martin, an Hawkins . Nays : None Item 8b Moved by Councilor Shine to award bid for video equipment for City Council Chambers to Wholesale Electronics Supply in the amount of $36, 787 ; to Video Tech in the amount of $481 . 25; and Fairview AFX, Inc. in the amount of $34, 663 . Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8c Award of bid for two (2) custom fire body conversions was discussed. 184 Item 8c cont ' d. Mrs . Gahagan informed that staff recommended second low bidder because we were unable to prove that the low bidder was actually responsible and capable of performing the contract as specified. We checked with several people on the low bidder and we could not prove that they were capable of performing the contract . Mr. Sullivan, Assistant City Attorney, stated that legally, the decision is Councils, and from staff ' s perspective the low bidder is not a responsible bidder and could not furnish the satisfaction that is set out and required in the specs . From a legal standpoint, we can defend a decision if you choose to go to the second low bidder. Mrs . Gahagan stated that there were no problems with the specifications, the problem we encountered was that they provide us with satisfactory evidence that they were actually capable of performing according to the specs . The low bidder did not submit enough information, therefore, he was asked for additional information in order to evaluate him as a responsible bidder. It is not unusual to check out new sources . In checking his references, there were a lot of irregularities . We concluded that the company was not capable of performing according to specifications . Moved by Councilor Martin to reject these bids and to re-bid. Mrs . Gahagan reiterated that there was nothing wrong with the specifications . It is just that the low bidder cannot provide us his responsibility and capability to perform. Moved by Councilor Thompson to table the bids to allow Council an opportunity to be furnished additional information from both, staff and low bidder, and to get further detail of the problems that staff sees which Council is not aware of today. Motion seconded by Councilor Martin and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Council recessed for ten minutes . Item 9a Vernal Huffines of Mathis, West, Huffines presented the City' s audit to the Council, and stated that the City is in good financial shape. There was a $5 . 4 million increase in cash flow from last year. He went over restricted assets, liabilities, fund equity operating funds, revenue fund, and debt service. Mr. Huffines commended the Finance Director and the Print Shop for the fine job they have done . Marsha Goen, 1519 Sweetbriar, stated that Mrs . Evans was trying to relate that the Railroad Museum has had problems. Mrs . Goen stated that Mr. Goen had been kicked off the board illegally and they were not given the opportunity to bring this up at their Board meeting. She felt their rights had been violated, and the current Board did not want to hear the truth. Claude Foster, 4932 Bayberry, Vice President NAACP, requested that Council draft a resolution on Affirmative Action for the entire City. Mayor asked Council members to read this resolution and consider it . Council will review it and it will be considered at the next meeting with any added recommendations . 185 Item 9a cont ' d. City Manager stated that they would wait to hear from the Council members on the language. Mayor instructed Council members to study the resolution and contact the City Manager for their input and recommendations . William C. Young, 1018 Widows Lane, commended the Council for making an equal playing field for all of us . Affirmative Action is an action to make the ballfield even. He encouraged everyone to vote . Item 9b Councilor Martin asked Staff to check the "No Parking" signs on Mistletoe Street and inform residents prior to putting up signs . He questioned the validity of flying two American flags at MPEC. He asked that podiums for speakers be provided at MPEC and that the chairs be checked. Councilor Johnston asked the status of the tornado sirens . Staff informed that specifications have been reviewed and they should go out tomorrow. City Manager stated that Council had approved $120, 000 for the purchase of five sirens in this budget . However, we still have the same number as we have had in the past and we will replace those after the tornado season. Citizens will continue to have the same protection as in the past and the project will not begin until in July. Councilor Hawkins stated his support for Jerry Reed' s re- appointment to the 9-1-1 Board. He still feels that the City should have a seat on that Board. Councilor Hawkins said that the Weed & Seed Program is working well . He suggested that the Planning Department draft a change to City ordinance to allow use of manufactured homes . This will help start a recovery in those targeted areas . Councilor Hawkins asked why the Mexican flag was not flown along with the other flags at the MPEC. He suggested that one of the two American flags be taken down and replaced with the Mexican flag. Councilor Hawkins asked Staff to check with the State on repairing Loop 11 near Old Iowa Park Road. Councilor Thompson mentioned the Weed & Seed Program Conference which he attended in Dallas . He recommended to get someone from the Planning Department to go to Dallas and review their efforts in fighting blight . Councilor Thompson asked that the twenty year retirement program be brought back to the Council for consideration. City Manager informed that the flags at the MPEC represent the countries participating in the ENJPT Program and are in the ENJPT Plaza located at the MPEC. Regarding 20-year retirement program, he informed that it is not just for police but for all City employees . You have to have an actuarial study performed for which there is a cost involved, and if Council wants to have that done I will need to be directed to do so. He also mentioned the military buy back which would allow retirement in 16 years with 4 years service . He did not agree with that because he felt it was a discriminatory program and would not be fair to the tax payers . He asked Council to let him know which program they wanted him to look into. Councilor Martin stated that he should look into both programs . Councilor Hawkins suggested he provide an estimate on the cost . City Manager will provide some figures for Council . Item 9c City Manager informed Council that Leadership Wichita Falls Class will be held tonight at 6: 30 p.m. in the Council Chambers . , r 186 Item 9c cont ' d. Fire Chief James highlighted the key rate and stated that it was a complcatged system. Key rate provides a basis of assessment of fire protection in Texas . There are several factors that influence home owners insurance rate and key rate is one factor. Key rate is bracketed between 11 cents and 12 cents . It is an indicator to use when evaluating a City' s overall fire protection system. Texas is the only state which uses key rate and that has been since the 1920s . Some larger cities have never been rated. TDI sets the key rate, and our City' s rate was set at 17 cents in 1995 . Since then a proposed lower key rate has been rejected several times because of such things as date of equipment and water distribution system. In March, 1996 the key rate was set at 12 cents for Wichita Falls . Obviously, key rate is a subjective and political issue. It is important to look at key rate as an indicator of the overall fire protection of the City. Of over 600 protected cities in the State there are only two cities which have a lower key rate than Wichita Falls . The key rate for E1 Paso and San Antonio is nine cents, and has not been changed since the 1920s or 1930s . The excellent ratings that Wichita Falls has is the direct reflection of the commitment of the Council, City Management, Fire Department, Code Enforcement, Public Works and emergency communication center so, that we can provide the best fire protection for our citizens . Mr. Bonnett informed that 300 homes had signed up for the yard waste program, and he again invited anyone interested in having yard waste pick up to call 761-7977 . The recyclable bags are available at Pollock and Wal Mart . City Manager said that Ron Bullock and Steve Morath informed him that the Enserch Corporation has purchased the Lone Star Gas Company. The City Council adjourned at 11 : 13 a.m. PASSED AND APPROVED this day of , 1996. Michael am, Mayor ATTEST: h(A 0('11) � , a Torres Ci Clerk CAAJ 1 C)"U The City of Wichita Falls issued $9,005,000 in bonds to refund a portion of the City's outstanding general obligation bonds and $5,360,000 in bonds to refund a portion of the City's water and sewer revenue bonds. The refundings will save the City approximately $1,326,000 in future interest cost and equals $1,030,000 in present value savings for the general obligation bonds. The refundings will save the City $915,000 in future interest cost and over $696,000 in present value savings on the City's water and sewer revenue bonds. Combined with refunding savings in 1994 and 1995, the City has a total present value savings of over $1,713,000 on general obligation debt and over $2,494,000 present value savings on the water and sewer revenue debt. The total combined general obligation and water and sewer savings to the City for the refundings over the past two years is approximately $4,207,000. Sentry Management, Inc. of Wichita Falls served as the City's financial adviser, Southwest Securities of Dallas was the underwriter, and McCall, Parkhurst and Horton of Dallas served as the City's bond counsel. EXHIBIT Attachment to Item 7j City Council Minutes April 16, 1996 PROPOSED AAA-INSURED NON-80 CITY OF WICHITA FALLS, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996 ===."a Savings Report - - - - - - - - Proposed Debt Service - - - - - - - - Prior Cumulative Date Principal Coupon Interest Total Debt Service Savings ----Savings ---- -------------- ---------- -------------- -------------- -------------- 9/30/96 352,506.25 431,619.83 79,113.58 3/ 1/97 401,653.54 9/ 1/97 570,000.00 4.100000 219,083.75 1,190,737.29 1,315,012.50 124,275.21 203,388.79 3/ 1/98 207,398.75 9/ 1/98 775,000.00 4.350000 207,398.75 1,189,797.50 1,313,347.50 123,550,00 326,938.79 3/ 1/99 190,542.50 9/ 1/99 805,000.00 4.600000 190,542.50 1,186,085.00 1,312,257.50 126,172.50 453,111.29 3/ 1/ 0 172,027.50 9/ 1/ 0 850,000.00 4.700000 172,027.5D 1,194,055.00 1,316,562.50 122,50T.50 575,618.79 3/ 1/ 1 152,052.50 9/ 1/ 1 885,000.00 4.800000 152,052.50 1,189,105.00 1,315,362.50 126,257.50 701,876.29 3/ 1/ 2 130,812.50 9/ 1/ 2 930,000.00 4.900000 130,812.50 1,191,625.00 1,313,950.00 122,325.00 824,201.29 3/ 1/ 3 108,027-50 9/ 1/ 3 970,000.00 5.000000 108,OZ7.50 1,186,055.00 1,312,305.00 126,250.00 950,451.29 3/ 1/ 4 83,777.50 9/ 1/ 4 1,015,000.00 5.100000 83,777.50 1,182,555.00 1,309,545.00 126,990.00 1,077,441.29 3/ 1/ 5 57,895.00 9/ 1/ 5 1,075,000.00 5.200000 57,895.00 1,190,790.00 1,315,710.00 124,920.00 1,202,361.29 3/ 1/ 6 29,945.00 9/ 1/ 6 1,130,000.00 5.300000 29,945.00 1,189,890.00 1,314,022.50 124,132.50 1,326,493.79 -------------- ---- -------- -------------- -------------- -------------- 9,005,000.00 2,885,694.79 11,890,694.79 13,490,581.25 1,326,493.79 ACCRUED 79,113.58 79,113.58 9,005,000.00 2,806,581.21 11,811,581.21 13,490,581.25 1,326,493.79 Dated 4/ 1/96 with Delivery of 6/ 6/96 Bond Years 57,577.083 Average Coupon 5.011881 Average Life 6.393902 N I C % 5.288035 % Using 98.2342953 - Bond Insurance: 0.167000 % of (Total Debt Service Only) = 19,857.46 N 0 T E : Cumulative Savings are Net of the Initial Transfer Amount of 352,506.25 N 0 T E : Savings on 9/30/96 Include Accrued Interest of 79,113.58 Net Present Value Savings at: 5.1248% Equals 1,030,126.D3 or 11.4395% of Per of the Current Issue or 11.7260% of Par of the Prior Issue N 0 T E : Present Value Savings are Net of the Initial Transfer Amount of 352,506.25 Prepared by Southwest Securities, Inc. Micro-Muni Debt Date: 04-15-1996 a 14:38:36 Filename: WICHGO Key: REFA $5,360,000 AMBAC-INSURED NON-BG CITY OF WICHITA FALLS, TEXAS WATERWORKS AND SEWER SYSTEM REV REFUNDING BONDS, SERIES 1996 ------------- Savings Report - - - - - - - - Proposed Debt Service - - - - - - - - Prior Cumulative Date Principal Coupon Interest Total Debt Service Savings Savings -------- -------------- ---------- -------------- -------------- -------------- -------------- -------------- 9/30/96 212,857.50 260,548.09 47,690.59 2/ 1/97 220,110.42 8/ 1/97 305,000.00 4.100000 132,066.25 657,176.67 735,715.00 78,538.33 126,228.92 2/ 1/98 125,813.75 8/ 1/98 405,000.00 4.350000 125,813.75 656,627.50 736,225.00 79,597.50 205,826.42 2/ 1/99 117,005.00 8/ 1/99 425,000.00 4.600000 117,005.00 659,010.00 739,425.00 80,415.00 286,241.42 2/ 1/ 0 107,230.00 8/ 1/ 0 440,000.00 4.700000 107,230.00 654,460.00 735,042.50 80,582.50 366,823.92 2/ 1/ 1 96,890.00 8/ 1/ 1 465,000.00 4.800000 96,890.00 658,7BO.00 738,452.50 79,672.50 446,496.42 2/ 1/ 2 85,730.00 8/ 1/ 2 490,000.00 4.900000 85,730.00 661,460.00 739,027.50 77,567.50 524,063.92 2/ 1/ 3 73,725.00 8/ 1/ 3 510,000-00 5.000000 73,725.00 657,450.00 736,307.50 78,857.50 602,921.42 2/ 1/ 4 60,975.00 8/ 1/ 4 535,000.00 5.100000 60,975.00 656,950.00 735,717.50 78,767.50 681,688.92 2/ 1/ 5 47,332-50 8/ 1/ 5 565,000.00 5.200000 47,332.50 659,665.00 736,580.00 76,915.00 758,603.92 2/ 1/ 6 32,642.50 8/ 1/ 6 595,000.00 5.300000 32,642.50 660,285.00 738,730.00 78,445.00 837,048.92 2/ 1/ 7 16,875.00 8/ 1/ 7 625,000.00 5.400000 16,875.00 658,750.00 736,440.00 77,690.00 914,738.92 -------------- .............. -------------- -------------- -------------- 5,360,000.00 1,880,614.17 7,240,614.17 8,320,520.00 914,738.92 ACCRUED 47,690.59 47,690.59 5,360,000.00 1,832,923.58 7,192,923-58 8,320,520.00 914,738.92 Dated 4/ 1/96 with Delivery of 6/ 6/96 Bond Years 36,961.667 Average Coupon 5.088012 Average Life 6.895833 N I C % 5.366008 R Using 98.0829866 Bond Insurance: 0.247000 % of (Total Debt Service Only) - 17,884.32 N 0 T E : Cumulative Savings are Net of the Initial Transfer Amount of 212,857.50 N 0 T E : Savings on 9/30/96 Include Accrued Interest of 47,690.59 Net Present Value savings at: 5.2212% Equals 695,987.53 or 12.9848% of Par of the Current Issue or 13.3715% of Par of the Prior Issue N 0 T E : Present Value Savings are Net of the initial Transfer Amount of 212,857.50 Prepared by Southwest Securities, Inc. Micro-Muni Debt Date: 04-15-1996 a 15:00:10 Filename: WICHREV Key: REFA