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Min 08/20/1996 294 Wichita Falls, Texas Memorial Auditorium Building August 20, 1996 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 Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Item 1 Mayor Yeager called the meeting to order. Item 2 Invocation was given by Rev. Brian Eby, Minister of Family Enrichment, First Baptist Church. Item 3 Mayor noted that only one person had signed in to speak on items which are not on the City Council Agenda. Mayor asked Mr. John Botello to state his concerns . Mr. Botello referred to the structure at 1052 Pershing which was on the hazardous structure list . Mayor informed Mr. Botello that the appropriate time for him to address that would be during the public hearing on hazardous structures . No one else wished to be heard. Item 4 Minutes were approved as read. Items 5a-7f Councilor Johnston requested that Item 5d be brought down from the Consent Agenda. 295 Items 5a-7f cont' d. Moved by Councilor Thompson that the Consent Agenda be passed with the exception of Item 5d. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 52 RESOLUTION NO, 121-96 RESOLUTION AUTHORIZING THE WICHITA FALLS POLICE DEPARTMENT TO PURCHASE SOME SPECIALIZED POLICE EQUIPMENT FROM SEIZED CONFISCATED FUNDS Item 5b RESOLUTION NO, 122-96 RESOLUTION APPROVING THE TRANSFER OF THE CITY' S AIRPORT AND AIRWAYS IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS, TOTALING $488 , 099 . 00 FOR FY 1994 , TO ADDISON, TEXAS Item 5c RESOLUTION NO, 123-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA, FOR LEASE OF PREMISES BY THE FEDERAL AVIATION ADMINISTRATION AT THE WICHITA FALLS MUNICIPAL AIRPORT Item 5e RESOLUTION NO 125-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPLY FOR A FEDERAL "LOCAL LAW ENFORCEMENT BLOCK GRANT" THROUGH THE BUREAU OF ASSISTANCE Ttem 5f This item had been deleted from the original agenda. Item 6a RESOLUTION N0, 126-96 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR LANDFILL FINAL COVER - CELL X (48+75 TO 50+50) Items 7a-7f Minutes of the following boards and commissions were received. 296 Items 7a-7f on ' d. a. Wichita Falls Traffic Safety Commission, June 5, 1996 b. Planning and Zoning Commission, July 10, 1996 C. Commission on Human Needs, July 29, 1996 d. Aviation Advisory Board, August 9, 1996 e . Wichita Falls/Wichita County Public Health Board, June 28, 1996 f . Water Resources Commission, August 2, 1996 Item 5d RESOLUTION NO 124- 6 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF BIGGS & MATHEWS, INC. FOR PHASE II SANITARY SEWER IMPROVEMENTS PROJECT Moved by Councilor Martin that Resolution No. 124-96 be passed. Motion seconded by Councilor Shine. Councilor Johnston asked how the maximum fee had been determined. His calculations at 7% were different from Mr. Bonnett' s . Mr. Bonnett explained the process by which the maximum fee was determined, but said he would need some time to work with the figures in order to provide an answer. Moved by Councilor Martin to table this item to allow Mr. Bonnett time to obtain the necessary information. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8a A public hearing was held on amendments to the FY 1996-98 Transportation Improvement Program. Mayor declared the public hearing open. Mr. Steve Seese informed that this item is the addition of four projects, one for FY 1997, three for FY 1998 . They are strictly federal and state related projects . Wichita Falls being the MPO for this area, is required to log in the state and federally funded projects even if the City has no contributions locally on these projects . The Call Field Road Project has been moved from 1996 to 1997 in order to avoid a great deal of repairs on Call Field Road during the Christmas season. Mr. Clark informed that they are proceeding with right-of-way acquisition. 297 Item 8a cont' d. Mayor asked for public comment . There being no one who wished to be heard, the Mayor declared the public hearing closed. Item 812 A public hearing was held on the plans for the Holliday Creek Pedestrian and Bicycle Trail Enhancement Project (Phase II) . Mayor declared the public hearing open. Mr. Dave Clark displayed a map of the entire trail . He informed that several phases of this trail had been completed, such as the Lucy Park area, and the first phase of the ISTEA Enhancement Trail along Holliday Creek in the Weeks Park area has opened. Phase II, which is being considered this morning, will be the phase that extends from the Southwest Parkway area across the dam to Jaycee Park. Another piece which is included in that is north in the Midwestern Parkway area towards Hamilton Park. Those are the phases which are now funded. Also, there is a completed phase in the Williams Park area and a funded phase, through CDBG, south of the Williams Park area connecting the housing project to that area. An application is pending under ISTEA which would take that trail from where it will now end, up towards Central Freeway. The unfunded portions which we have now are actually getting to be small pieces to provide a complete loop for this trail . Councilor Thompson asked Mr. Clark to explain to the citizens the different types of funding involved in this project . Mr. Clark informed that the principle funding is Intermodal Surface Transportation Efficiency Act (ISTEA) under the Federal Department of Transportation. That Act provides for enhancement capabilities, enhancement of the transportation system and has been offered as annual funding on competitive rounds . We have received two grants under that which would bring the trail from Midwestern Parkway to Jaycee Park. There is a third application that is pending which would bring the trail up further. Williams Park was improved with CDBG funds which is also a part of the park development . It is an internal trail in the park but has the capability of connecting to something like this . Funding mechanisms are in place . Phase II is in the design phase and we estimate it to be under construction in the spring. Barbara Wesley, 1105 Williams Avenue, asked when the Willams Park portion behind Holliday Creek would be completed. Mr. Clark replied that Williams Park itself had been completed; the area south of there is scheduled to be worked on next summer. Mayor allowed for additional public comment . There being no one else who wished to be heard, the Mayor declared the public hearing closed. 298 Item 8c A public hearing was held on the plans for the Kemp and Kell Depot Restoration Enhancement Project . Mayor declared the public hearing open. Mr. Dave Clark informed that the Kemp Kell Depot is a project that the Heritage Society has been trying to accomplish for some years . It has again received funding through ISTEA and is currently in the design phase for the development as a visitor' s center. It is located at the end of 8th Street near the railroad tracks . It has had a local match through the City and private donations, and will probably be under construction next spring. Councilor Martin asked if the elevator was going to be operative . Mr. Clark replied that there were plans to establish an elevator in the building. Mayor allowed for additional public comment . There being no one else who wished to be heard, the Mayor declared the public hearing closed. Item 8d A public hearing was held on hazardous structures . Mayor declared the public hearing open and informed that the structures to be repaired would be considered first, followed by the structures to be demolished. Mr. Jim King stated that the thirty-one property owners had been notified by mail . Video of the structures is available and they are ready to answer any questions . Mr. John Botello informed that the structure at 1052 Pershing had been donated to their church and they were told to clean it up, which they have done . He asked that the church be allowed additional time to raise funds to complete the building which will be used for minimal rental to assist those who are unable to afford a place to live . He said they would need about one year to raise the necessary funds . Councilor Hawkins asked if there were any of the various City funds for low to moderate income areas available for this type of work. Mr. Clark responded that this could be a possibility under the Rental Rehabilitation Program. Mr. Botello stated that if there was funding available, they could get the work done sooner. He was instructed to contact Mr. Clark to see what funds are available, and was allowed a six month extension, at which time it will go back into the natural rotation of the City' s process . Mr. King informed that the structure at 4900 Windthorst was removed from the list of repair items because the owner had come in this week and secured the necessary permits to rehabilitate that building. 299 Item 8d cont' d. Councilor Shine asked for the disposition of the structure at 2001 Lucille (Main) . Mr. King replied that if no one appears today, the owner, Mr. Cortez, will be notified by registered letter advising that Council has passed an ordinance ordering that this structure be repaired. If he does not follow through with that then the ordinance procedures will be followed by bringing this back to the Council and ordering condemnation. The list of structures to be demolished were addressed next . Mr. King informed that the structure at 432 Flood (Main) , Carver Theater, had been brought to the Council previously. Initially, it was brought to Council on Dec . 20 , 1988 and Council ordered that the owner develop a plan to restore the building and that it be secured. That plan was not forthcoming and since then there have been 25 actions against this property. It came back to Council in 1989 requesting another demolition order, and at that time the property owner advised that they would continue to seek funds to rehabilitate the building. We feel the building is beyond repair. Brenda Jarrett, 1815 Hayes, stated she had been before the Council seven years ago on this structure and it had taken her seven years to acquire people to help her and she wants to have additional time to get that building restored. She informed that the marquee has been removed. She stated that the Texas Historical Commission had been contacted to determine if the Now Carver Theater is eligible for historical preservation. Councilor Thompson suggested that Ms . Jarrett be allowed six months to provide a plan and that she work with Mr. Clark to see if there are any funding sources available . Councilor Johnston was concerned with safety hazards like the roof, and instructed that the loose material be taken down, and the marquee secured and kept in a safe condition. He strongly recommended that immediate attention be given to this matter. Ms . Jarrett agreed, and informed that the building had been secured to keep people from entering. Councilor Daniel suggested a ninety day period in which Ms . Jarrett would be able to obtain community support for making the building safe and pulling anything down that is hazardous . At that time, if Mr. King deems that everything has been done, then it could be extended to six months to allow her to obtain funding for restoration. Mayor instructed that she get with Mr. Clark and other City Staff to see what funding was available . Tim Elliott referred to 813 N. Cottonwood (Main) and stated that he had purchased this property in good faith in August 1994 . Later, during probate proceedings of the previous owner, Mr. Elliott was informed that he was not the legal owner. Because the property was under probate proceedings he did not acquire clear title to the property until August of this year. He requested additional time to demolish the building himself . 300 Item 8d cont' d. Council allowed Mr. Elliott ninety days to provide a definite plan, proof of financing, and to begin work on it . If this is not done within the ninety days, the City will begin demolition procedures . Kathy Thornton referred to 512 Waco and stated that they had worked on this structure but it has been vandalized continuously, and they have had two fires . She requested additional time to work on this structure . Council allowed Mrs . Thornton ninety days to provide City Staff with a definite plan and proof of financing, and if this is not done within that time frame it will be demolished. Barbara Wesley, 1105 Williams Ave. , stated that the property at 512 Waco had been broke into by three persons, which they think were from the City. She asked if they had the right to break into property that was secured. Mr. King reported that in the filming of these structures they are required to enter the buildings and view the interior. In doing so they hire a sub-contractor to go in and un-secure these buildings and this is done with a search warrant duly signed by the judge and duly authorized after having given them a probable cause affidavit . These search warrants are on file in the Code Enforcement Office . Councilor Daniel asked if Council was duplicating the efforts of the Code Enforcement Department by Council allowing ninety day extensions . Mr. Clark replied that under the laws of the State and the Ordinances adopted by Council the procedure requires Code to notify the property owner of the problem and tell them that they need to come in and provide plans and specifications along with proof of financing. If they do that they do not have to come before the Council, however, if they do not comply they have the right to come before Council and again bring the plans and proof of financing. I have seen the history of what happens here and, unfortunately, the amount of homes that are rehabilitated that are in this condition are very few. Mr. King informed that two registered letters were sent out to the registered owners and both have signatures . The first letter advised them of the nature of the problems and gave a detailed listing of the defects, for which we did not receive an answer. The second letter sent out was notice of this public hearing advising that if they wished to appear the terms and conditions of what would be required concerning financing plans and specifications if they wanted more than ninety days . Councilor Hawkins requested a copy of a typical letter which is sent out to property owners . Several Council members were concerned that Staff was being ignored by persons receiving the notices from Code Enforcement, in that they were procrastinating in making repairs and using the Council to bypass Staff. Councilor Thompson was concerned that maybe the citizens did not understand the procedure . Councilor Daniel stated that they are being informed through the media today. Mayor commented that this would put the property owners with these 301 Item 8d cont' d. type of structures, on notice that the letters sent out by Code Enforcement would be supported by and adhered to by the Council . Councilor Thompson suggested that Council encourage rehabilitation of property instead of demolition with a helpful attitude . We need to develop a rapport with the citizens and have a friendly helpful attitude with them. Staff was directed to review the letter and their procedure for improvement . There was a discussion on which would be the best way to handle this issue . Council believed this was the last opportunity these persons would be allowed to have additional time to provide the necessary plans, specifications and proof of financing to Code Enforcement . If they did not comply within those ninety days, the demolition process would begin. Agapito "Pete" Martinez, 4604 Lake Park Drive, read the letter which was mailed by Code Enforcement . He felt that the wording of the letter was the reason for these people asking for additional time . He suggested that an advisory committee be appointed to assist the citizens with financial assistance education. He volunteered to help on this advisory committee . He commended the Staff for their work and was very supportive of them. Mr. Martinez addressed 119 Tulsa and requested additional time to repossess that property. Council allowed an additional ninety days to Mr. Martinez . Fairine Walker addressed 511 and 513 Welch and requested additional time to work on these two houses . She plans to demolish the house at 511 Welch and renovate the one at 513 Welch and save the storage shed associated with 511 Welch. Mr. King informed that 511 Welch had experienced a fire in April, 1995 and it had been without water utilities since September, 1994 . 513 Welch has not had water service since November, 1988 and both buildings are without any fair market rent value . They have been vacant for over a year and cannot be inhabited in the conditions they are in. Council directed that 511 Welch be demolished, and allow ninety days for them to provide a plan and proof of financing on 513 Welch. Wayne Mulkey addressed 1219 N. 5th Street and stated he had done some work on the building in 1994, but had dragged his feet . He requested additional time to rebuild the house . He would like six months to work on it and come up with a completion date . Mr. Mulkey was allowed ninety days to submit a plan and proof of financing with a completion date . He was directed to start work within thirty days or as soon as possible . Mayor asked for additional public comments . There being no one else who wished to be heard, Mayor declared the public hearing closed. 302 Item 8d cont'd. Councilor Daniel stepped out of the Council Chambers . Mayor called for a motion on the following ordinance . ORDINANCE NO 118-96 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS : COMMANDING PROPERTY OWNERS TO DEMOLISH SAID 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 Johnston that Ordinance No. 118-96 be passed with the noted changes . Motion seconded by Councilor Thompson. Lola Hiser requested to address the property at 308 Farris . Moved by Councilor Johnston to re-open the public hearing. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays : None Lola Hiser stated that this week she was going to transfer the title of the property at 308 Farris to a friend. She requested additional time for this person to fix the house . Council directed the prospective owner to contact Mr. Clark and provide a set of plans and proof of financing. Council allowed a ninety day extension. Mayor declared the public hearing closed. Moved by Councilor Johnston to amend the original motion to include the exception relating to 308 Farris . Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays : None Council recessed at 10 : 30 a.m. and reconvened at 10 :40 a.m. 303 The following item was taken from the table . Item 5d RESOLUTION NO 124-96 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING FIRM OF BIGGS & MATHEWS, INC. FOR PHASE II SANITARY SEWER IMPROVEMENTS PROJECT Mr. Bonnett provided information on how they arrived at the minimum/maximum figure . He also explained that these are three distinct contractors . Councilor Johnston commented that it was not going to be a one lump sum contract, but rather three separate contracts broken out into three different categories . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 92 ORDINANCE NO, 119-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF Uwe ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE WEST SIDE OF GOODMAN ROAD ADJACENT TO THE EAST LINE OF LOT 5, BLOCK 37, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Shine that Ordinance No. 119-96 be passed. Motion seconded by Councilor Martin. Councilor Martin believed that Council needed to take a long hard look at these type of waivers in the ETJ area. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : Councilor Martin Item ORDINANCE NO, 120-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF GOODMAN ROAD ADJACENT TO THE EAST LINE OF LOT 5, BLOCK 37, CHEROKEE COUNTY SCHOOL LAND 304 Item 9b con ' d. Moved by Councilor Shine that Ordinance No. 120-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : Councilor Martin Item 10a RESOLUTION NO 127-96 RESOLUTION APPROVING THE SALE OF EXCESS CITY PROPERTY AT THE REAR OF ROSEMONT CEMETERY AND AUTHORIZING THE EXECUTION OF A DEED TO CONVEY TITLE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 127-96 be passed. Motion seconded by Councilor Daniel . Mr. Bonnett informed that a letter of map revision had been requested from FEMA, which will likely remove this property from the 100 year flood plain. Mrs . Chastain explained that by law this is the only way that the City can sell this piece of property outright without selling it by sealed bid. It could only be used by the City or the adjacent property owner, who is Mr. Jack McCullouch. Councilor Johnston felt that if we could get access to the property we could get a better price . He was concerned with getting the maximum amount for the City. The issue of property access and the City trail was addressed by Staff . Mr. Jack McCullouch, stated that typically the best value for property is very near the approximate appraised value . When my offer came forward to purchase this property, that was the structure of it . There is no access to that land and we are not blocking anything regarding the walking and bicycle trail . He also mentioned that they were not concerned with the fact that it could be in the 100 year plain. Councilor Hawkins said that he would like to see some negotiations with them to prove up the area to take the trail to the west side rather than looping it through the cemetery. City Manager commented that regardless of the sale of this property there is a way to continue the trail . Motion carried by the following vote . 305 Item 10a cont' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lOb RESOLUTION NO 128-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO TEXAS PARKS AND WILDLIFE DEPARTMENT FOR A PUBLIC BOAT RAMP ON LAKE WICHITA Moved by Councilor Shine that Resolution No. 128-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None r Item 1Qc RESOLUTION NO, 129-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND ARTICLE XIV OF LEASE AGREEMENT BETWEEN BEST AVIATION SERVICES, INC. AND THE CITY OF WICHITA FALLS Moved by Councilor Johnston that Resolution No. 129-96 be passed. Motion seconded by Councilor Thompson. Moved by Councilor Johnston that the motion be amended by deleting "from 5 : 30 a.m. - 9 : 00 p.m. and substituting "during the time that SAFB control tower is in operation" . Councilor Hawkins suggested adding "however no earlier than 9 : 00 p.m. " Councilor Johnston stated that the point is we want them to track with base operations . Mr. Parker informed that this was discussed at the Aviation Advisory Committee and according to SAFB, the chance of the tower hours changing was slim. Also, Mr. Orcutt, the local manager, is planning on being open in excess of the control hours . Councilor Johnston withdrew his amendment . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 306 Item 10c on 'd. Nays : None Item 10d RESOLUTION NO 1 0 6 RESOLUTION APPROVING THE PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE DEPARTMENT OF ARMY FOR THE CONSTRUCTION OF THE PLUM CREEK LOCAL FLOOD PROTECTION PROJECT Moved by Councilor Johnston that Resolution No. 130-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10e RESOLUTION NO 1 1-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE SACRED HEART CATHOLIC CHURCH TO PERMIT ENCROACHMENTS INTO THE RIGHTS-OF-WAY OF HOLLIDAY AND NINTH STREETS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 131-96 be passed. Motion seconded by Councilor Johnston. Conrad Staley with Staley, Baker, Monson, Architects, informed that this is an encroachment that has been there since 1914 . We are not asking to come out any further, we are talking about the sidewalk area, the plaza area. What is there now is very dangerous and not handicap accessible . Mr. Monty Monson, Architect, explained the existing situation and what they proposed to do. City Attorney stated the following disclaimer. The two foot encroachment on Holliday Street is not City right-of-way, it is State right-of-way. The City does not have title to that and we can not authorize the encroachment on Holliday Street only on Ninth Street . Mr. Staley commented that they were aware of that and that they plan to contact TXDOT to take care of that . If TXDOT does not allow us to do it this way, we have an alternate plan. 307 Item 10e cont' d. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla Moved by Councilor Martin to award bid to Dallas Public Safety Supply, Inc . in the amount of $14 , 485 for soft body armor for Police Department personnel . Motion seconded by Councilor Johnston. Chief Harrelson explained how items are tested and the selection process which is used. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12a No one wished to be heard at this time . Item 12b Councilor Hawkins recommended that Council consider sending a resolution to the appropriate State authority concerning the 817 area code . Supporting a three digit area code would allow the City to have more life in our area code numbers . Mayor commended a bus driver for the courtesy he showed in assisting an almost blind passenger. Item 12c There were no reports . Item 12d City Council went into executive session at 11 . 45 a.m. as authorized by Section 551 . 071 of the Texas Government Code to discuss the following two items of pending litigation: Chatman vs . City of Wichita Falls, et al Bensch vs . Mattos, et al 308 Item 12d cont' d. City Council reconvened at 12 :22 p.m. and the Mayor announced that there were no motions . The City Council recessed until 1 : 00 p.m. for the budget overview. Budget discussions were held through August 22, 1996 . On August 22 , 1996 at 10 : 00 a.m. a public hearing was held on the proposed City budget . Councilor Daniel was not in attendance because he was on jury duty. Mayor explained the purpose of the meeting and declared the public hearing open. Moved by Councilor Martin to set the proposed tax rate at 3 . 0401 above the effective tax rate and call for a public hearing on September 3 , 1996 during the City Council meeting. Motion seconded by Councilor Hawkins . Mayor called for public comments . No one wished to be heard. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays : None Mayor declared the public hearing closed. Council will hold a worksession at 8 : 30 a.m. on Tuesday, August 27, 1996 to consider a capital budget plan and objectives to the City Goals . City Council adjourned at 10 : 30 a.m. on August 22 , 1996 M A Y O ATTEST: n City Clerk