Min 01/21/1997 417
Wichita Falls, Texas
Memorial Auditorium Building
January 21, 1997
Items 1 & 2
The City Council of the City of Wichita Falls, Texas met in
regular session on the above date in the Council Room of the
Memorial Auditorium Building at 8 : 30 o' clock a.m. , with the
following members present :
Kay Yeager - Mayor
Don Johnston - Councilors
Dan Shine -
Angus Thompson -
Bill Daniel -
J. W. Martin -
Harold Hawkins -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Yeager called the meeting to order.
Invocation was given by Rev. Anthony Levell, Woodhaven
Baptist Church.
Item 3
No citizen signed up for public comments .
Mayor Yeager mentioned the events which occurred on
Saturday. First, the Martin Luther King Breakfast in honor of
Dr. Martin Luther King was an exciting and uplifting event . She
hopes that the spirit of that occasion brings the community
together as we move forward in the year 1997 to even greater
heights than we have in the past . Second, the passage of the
sales tax election, which was equally important for the growth
of our community. Mayor thanked all the citizens for exercising
their right to vote regardless of which way they voted. She
expressed appreciation to the Citizens for More Jobs Committee
for getting the message to our community in a very simplistic
and positive way.
Mayor stated that one half cent will go to property tax
reduction which is mandated by law and Council has no option in
that, and when enacted the property taxes will be reduced. The
other half will go to the future of our communities in sundry
ways giving hope that our community will continue to grow and
prosper. Part of the other half goes to improving the quality
of life for all citizens of our community. After Saturday' s
election, Council has a greater responsibility because of the
trust the citizens of our community put into us with their vote .
418
Item 4
The minutes were approved as distributed.
Items 5a-8c
Councilor Hawkins requested that Items 5a and 5b be moved
to the regular agenda for discussion.
Moved by Councilor Martin that the consent agenda be
approved with the exception of Items 5a and 5b.
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 6a
Bid was awarded for the purchase of two (2) police
motorcycles to Kawasaki City in the amount of $16 , 207 . 00 .
Item 6b
Bid was awarded to STM Equipment, Inc . in the amount of a:.. .o
$48 , 925 . 00 for the purchase of a trailer mounted catch basin
vacuum unit .
Item 6c
Bid was awarded to Traffic Engineering and Controls, Inc .
in the amount of $12 , 195 . 00 and to Hi-Tech Signals, Inc . in the
amount of $4 , 480 . 00 for the City' s estimated annual requirement
of traffic signal heads and mounting brackets .
Item 7a
RESOLUTION NO, 14-97
RESOLUTION TO ACCEPT THE SCOTT STREET BRIDGE WATERLINE
REPLACEMENT PROJECT AND AUTHORIZE FINAL PAYMENT TO
JALYN CONSTRUCTION COMPANY
Item 7b
RESOLUTION NO 15-97
RESOLUTION TO ACCEPT THE PRISON SEWAGE GRINDER PROJECT
AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION
COMPANY
Items 8a-8c
Minutes of the meeting of the following boards and
commissions were received.
419
Items 8a-8 on ' d.
a. Wichita Falls Traffic Safety Commission, November 6,
1996
b. Planning and Zoning Commission, November 13 , 1996
C . Board of Electrical Examiners, December 12, 1996
It m Sa
RESDL TTION TKO 2 97
RESOLUTION APPROVING AMENDMENT NUMBER FOUR WITH
SIMMONS AIRLINES, INC. , FOR LEASE OF PREMISES AT
WICHITA FALLS MUNICIPAL AIRPORT
Moved by Councilor Johnston that Resolution No. 12-97
be passed.
Motion seconded by Councilor Shine .
Councilor Hawkins asked if this money is collected and then
given to other cities for the improvement of their airports .
Mr. Robert Parker replied that anything that is collected on
these leases stays here and that we do not collect any of the
money that goes to the other cities . He added that the money
collected by the City goes into the Airport Operating Fund.
Motion carried by the following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 5b
RESOLUTION NO 1 - 7
RESOLUTION APPROVING AMENDMENT NUMBER TEN WITH
ATLANTIC SOUTHEAST AIRLINES, INC. , FOR LEASE OF
PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT
Moved by Councilor Hawkins that Resolution No. 13-97 be
passed.
Motion seconded by Councilor Johnston.
Councilor Hawkins stated that his questions had been
answered under Item 5a.
Motion carried by the following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
420
Item 9a
ORDINANCE NO, 6-97
AN ORDINANCE DESIGNATING THE KEMP WHOLESALE GROCERY
(CURRENTLY BIG C APPLIANCE) LOCATED AT 500 EIGHTH ST. ,
LOT 3 , 4 , 5, 6 , AND 7, BLOCK 162 , ORIGINAL TOWNSITE,
AS A LOCAL LANDMARK; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Thompson that Ordinance No. 6-97 be
passed.
Motion seconded by Councilor Shine and carried by the
following vote :
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 9b
ORDINANCE N0, 7-97
ORDINANCE CANVASSING THE ELECTION RETURNS OF THE
SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA
Mayor Yeager and City Clerk Lydia Torres canvassed the
election returns of the January 18 , 1997 election.
Moved by Councilor Thompson that Ordinance No. 7-97 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
Item 9c
ORDINANCE NO, 8-97
ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF
WICHITA FALLS, TEXAS TAX NOTES, SERIES 1997, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $2 , 000 , 000 FOR PAYMENT
OF CONTRACTUAL OBLIGATIONS FOR LIBRARY IMPROVEMENTS;
PRESCRIBING THE FORM OF NOTES; LEVYING AD VALOREM
TAXES; MAKING CERTAIN OTHER COVENANTS OF THE CITY
REGARDING THE NOTES AND THE FUNDS FROM WHICH SAID
NOTES ARE TO BE PAID; DECLARING AN EMERGENCY; AND
DECLARING AN EFFECTIVE DATE .
Moved by Councilor Martin that Ordinance No 8-97 . be
passed.
421
Item on 'd.
Motion seconded by Councilor Thompson.
Murphy Davis, 22 Chateau, provided cover sheets to the
Council on the proposed ordinance . Mr. Davis stated that Ken
Smith with Southwest Securities had expedited the process of
putting this tax anticipation package together. He informed
that these notes will be issued as non-bank qualified although
that would have been a little less expensive . However, the
City, in the aggregate of all the issues that would be hap
pening
this year, would not fall under that minimum amount which has to
be available for bank qualified. Even though they are not $10
million, they will be refundings or new issue this year. He
went over the interest rates and the insurance and pointed out
that our bond rating is just as strong and the bonds are insured
so that they are AAA rated.
Mr. Davis added that the passage of the sales tax will be
very helpful if we go back to the rating companies .
Ken Smith, Southwest Securities, Dallas, Texas, expressed
his appreciation in working with the City, and said that their
familiarity with the City' s issue made it easier to expedite it .
He said the rating was very good and although it has a short
maturity date, it is very attractive .
Mayor pointed out that these bonds are going for the rest
of the Library Project, the $2 million. Also, while they have
to be secured ultimately by the ad valorem tax rate the
opportunity exists that we can now use revenue from 4B to pay
off these bonds if the Corporation Board so chooses .
Motion carried by the following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item 10a
RESOLUTION NO - 7
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH FREESE AND NICHOLS, INC.
FOR THE DESIGN OF A SECONDARY CONTAINMENT FACILITY AT
THE WICHITA FALLS MUNICIPAL AIRPORT IN THE AMOUNT OF
$22, 122 . 00
Moved by Councilor Shine that Resolution No. 16-97 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
422
Item lob
RESOLUTION NO 17-97
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT BETWEEN WICHITA COUNTY AND THE CITIES OF
WICHITA FALLS, BURKBURNETT AND IOWA PARK, AND LAIDLAW
MEDICAL TRANSPORTATION, INC. FOR AMBULANCE SERVICE
Moved by Councilor Martin that Resolution NO. 17-97 be
passed.
Motion seconded by Councilor Hawkins .
City Manager commented that the City has had this contract
since 1984 when it was Lifeline, but now Laidlaw is the
principal on it . We have had a subsidy in part since the
beginning of the contract . The County Judge, the other two
cities, and City staff monitor this contract and are also
basically a sounding board for the service provider. When the
contract was begun the subsidy was $240 , 000 of which the County
pays 50%, City pays 42%, Burkburnett pays 5%, and Iowa Park pays
3% . As the subsidy declined and the service provider offered to
do away with the subsidy, we felt it was important to keep some
form of subsidy in order to have a greater form of control over
the operation, including the rate setting process .
Changes to the contract and options were discussed.
arm
Motion carried by the following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
Daniel, Martin, and Hawkins
Nays : None
Item lla
Councilor Thompson commented that based upon the support of
the voters on Saturday Wichita Falls is continuing to embark
upon a change that is going to see a tremendous development in
our City, and we are already seeing changes . He hopes everyone
will be able to benefit from that change .
Councilor Shine said that he was glad that the sales tax
passed and feels this will give us an opportunity for more
communication with our citizens as they look to us for more
responsibility toward this issue . I think we can ensure their
trust if we act prudently like we have been and continue to do
that . I am looking forward to a change for the best in the
City.
Councilor Martin congratulated the citizens for bringing in
the sales tax to our City. He feels the passage of the sales
tax in Burkburnett and Bowie is a victory for this area because
we are all going to grow.
423
Item lla nn ' d.
Councilor Hawkins thanked the Mayor for meeting with the
heads of the other elected groups and he feels this is bringing
us closer together, therefore, providing a more cohesive North
Texas . One of the first improvements he hopes Council will
consider is the area around U. S . 287 coming from Henrietta. He
asked that the City get with the State to look at the on/off
exit ramps in that same area. He feels it is a prime area for
development . Regarding the sales tax, Councilor Hawkins
commented that the law states that one half cent will go for
property reduction and he is in hopes that it can be reduced
even more because of the growth we have had.
Councilor Johnston said the vote was very positive and he
believes will receive positive results in the near future . He
commended the City for their response in the recent bad weather.
With the limited resources they did an excellent job on the
roads .
Councilor Daniel stated that the City' s motto has been that
this is the City that faith built, and passing of the sales tax
has reminded us that the people' s faith is not in a council but
in the people of the city. He commended John Gavin and his
committee and Paul Hughes and his committee for the job they did
on the sales tax and infrastructure study. If we allow
interested citizens to lead us in certain areas and we act as a
facilitator for them we will be well served, as well as the
City. Faith is in the City itself and the City has put some
things behind us in saying yes to the future . It is incumbent
upon this Council to act prudently with some caution and great
deliberation. We have an opportunity to really make strides in
taking the burden off people, for instance the property tax, to
help development of new infrastructure, and provide new and
replacement jobs . He thanked the citizens for taking part in
the process this past week.
Councilor Thompson commented that he hoped that the
citizens will consider, even if they did vote against the sales
tax, that this is the first time that we have imposed upon
ourselves, a common man and common woman, the requirement and
hope of building a future for ourselves . This is a new step
where all of us will share that burden.
Mayor recognized Tom Edmonson, Heath Department Director,
who will be retiring at the end of this month. On behalf of the
Council, the Mayor expressed appreciation to Mr. Edmonson for
his commitment and dedication to the City of Wichita Falls .
Item Jib
City Manager updated the Council on the termination of the
contract with the Eagle Golf Corporation regarding the golf
course . Since January 10 the City has been operating the golf
course with some of the same personnel . It seems to be going
O. K. but there are still some wrinkles . We have requested that
the Council sub-committee on the golf course stay in place to
help us with this effort .
424
Item llb cont' d.
Mrs . Jan Stricklin provided an update on Affirmative Action
policies and the efforts of the City. She passed out a report
to the Council and went over that report . A copy of this report
is attached hereto as Exhibit A and made a part of these
minutes .
Mrs . Stricklin informed that all meetings held in City
facilities now have information that allows persons to know that
if they call the organization within 24 hours in advance, they g
will have access to the facility.
Councilor Daniel commented that the report was good,
however, we are under represented in terms of minorities in the
areas of upper level administration professionals and protective
services . It is the goal of this Council that we as a City
will provide a work opportunity that will keep people here in
Wichita Falls . It is our hope that through the years we will
continue to see the percentage of minorities and females
increase in the administrative area and the protective services
area.
Moved by Councilor Martin to table Item 3 , commission
appointments, under Executive Session because we do not have
enough applicants to consider those appointments .
Motion died for a lack of a second.
w.
Item llc
The City Council went into Executive Session at 10 : 10 a.m.
as authorized by Section 551 . 072 of the Texas Government Code
and Section 551 . 071 of the Texas Government Code and Section
551 . 074 of the Government Code, and reconvened at 12 : 15 p .m.
Councilor Shine was not in attendance .
Item lld
Moved by Councilor Thompson that the following persons be
appointed to the Zoning Board of Adjustments with terms to
expire December 31, 1998 :
Rainer Hanold as the regular member
John McKey as Alternate #1
Bobby Redwine as Alternate #2
James Heath as Alternate #3
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
425
Item 11e
Moved by Councilor Thompson that the following persons be
re-appointed to the Airport Board of Adjustment with terms to
expire December 31, 1998 :
Robert S . Buffum and Stephen Scarlott .
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
Item llf
Moved by Councilor Thompson that the following persons be
re-appointed to the Commission on Human Needs with terms to
expire December 31, 1998 :
Jeanne Wakeman, Teresa Reid, Marcia Barton, and Joy Parson
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
Item
--� - - - -
Moved by Councilor Thompson that Frances Haughney be re-
appointed to the Clean Community Commission with term to expire
December 31, 1998, and that Norma Crane be appointed, with term
to expire December 31, 1997 .
Motion seconded by Councilor Hawkins and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
Item llh
Moved by Councilor Thompson that the following persons be
re-appointed to the Wichita Falls Park Board with terms to
expire December 31, 1999 :
Thomas Staley, Nannette Kendall, and Sherri Webb Burns
and that the following person be appointed with term to expire
December 31, 1999 :
Gary Patrick.
Motion seconded by Councilor Johnston and carried by the
following vote .
426
Item llh cont' d.
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
Item lli
Moved by Councilor Thompson that Dr. Larry Gunnell be re-
appointed to the Wichita Falls/Wichita County Public Health
Board with term to expire December 31, 1998 .
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
Item Ili
Moved by Councilor Thompson that Jeanne Wakeman be
appointed to the MHMR-Public Responsibility Committee and the
following persons re-appointed, with all terms to expire August
31, 1998 :
Jacelyn R. Hall and Sally Petergal .
Motion seconded by Councilor Hawkins and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
Item 11k
Moved by Councilor Thompson that the following persons be
re-appointed to the Landmark Commission with terms to expire
December 31, 1999 :
Jim Newsom and Lynn Burton.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
427
Item 12
ORDINANCE NO - 7
ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND
SEWER FUND TO THE 1996-97 BUDGET FOR THE PURPOSE OF
PURCHASING LAND IN THE VICINITY OF THE CYPRESS WATER
TREATMENT PLANT
Moved by Councilor Martin that Ordinance No. 9-97 be
passed.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Thompson, Daniel,
Martin, and Hawkins
Nays : None
The City Council adjourned at 12 : 20 p.m.
PASSED AND APPROVED this day of - 1997
KA HRYN A. YEAG
MAYOR
ATTEST:
� v
Lydia Torres
City Clerk
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