Min 02/07/1989 i
137
Wichita Falls, Texas
Memorial Auditorium Building
February 7 , 1989
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.
Perry Goolsby Mayor
John Hirschi
Charles Thomas
Angus Thompson Councilors
Robert Barenberg
Ron Buffum
Don Kirkham
James Berzina City Manager
H. P. Hodge City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Bob Christmas, Jefferson
Street Baptist Church.
Item 4c
Mayor Goolsby recognized Mr. & Mrs. Karl Kutschenreiter,
the daughter and son-in-law of Max Steere, Mayor of
Furstenfeldbruk, Germany. He is presently serving as an
intern in the office of County Attorney Nick Gipson. Mayor
Goolsby extended best wishes to them, and to Mr. &
Mrs. Steere. He then presented City of Wichita Falls pins and
honorary citizenship certificates to each of them. They
thanked the Council and the people of Wichita Falls for their
hospitality, stating that they have really felt at home here.
Item 4a
Jan Stricklin introduced Sammie L. "Junior" Martin, of
the Public Works Department, as Employee of the Month for
February. George Bonnett provided information and
commendation to Mr. Martin on his work in that department for
38 years. Mayor Goolsby presented him with a plaque, a City
of Wichita Falls pin, and two tickets each to a theatre and
dinner.
Item 3
Moved by Councilor Thompson that minutes of the meetings
held January 17 and 23 , 1989, be approved.
Motion seconded by Councilor Kirkham, and carried
unanimously.
Item 4b
Mr. M. C. McGee and Susan Campbell presented a synopsis
of the Convention and Visitors Bureau report on the tourism
and marketing study. Their next step will be to start setting
priorities from recommendations made by Development
Counsellors International. Mayor Goolsby complimented
Mr. McGee and Miss Campbell for their work in Wichita Falls.
138
Items 5a-7e
Items 6b and 6c were moved to the regular agenda.
Moved by Councilor Buffum that the consent agenda be
approved.
Motion seconded by Councilor Thompson.
Item 5a
ORDINANCE NO. 8-89
AN ORDINANCE RENAMING DELTA LANE/HOG FARM ROAD TO
RIVER LANE AND A PORTION OF SOUTHWEST PARKWAY/FM 369
TO ARENA ROAD
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Buffum, and Kirkham
Nays: None (Councilor Barenberg was absent from the
Council table. )
Item 6a
RESOLUTION NO. 9-89
RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF
PROPERTY TAXES ON ACCOUNTS # 0605-041-0000 , 2303-
207-0500, 4310-046-5300, & 2303-198-0000
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Buffum, and Kirkham
Nays: None (Councilor Barenberg was absent from the
council table. )
Item 7
Minutes of the meetings of the following boards and
commissions were received.
a. Plumbing Advisory Board - January 5 , 1989
b. Planning and Zoning Commission - January 11 , 1989
C. Board of Directors of Reinvestment Zone No. 1 -
January 12, 1989
d. Human Relations Commission - January 24, 1989
e. Traffic Safety Commission - January 4 , 1989
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Buffum, and Kirkham
Nays: None (Councilor Barenberg was absent from the
Council table. )
Item 6b
RESOLUTION NO. 10-89
RESOLUTION TO APPROVE WATER CONSERVATION PLAN AND
AUTHORIZE SUBMISSION OF THE PLAN TO THE TEXAS WATER
DEVELOPMENT BOARD
Moved by Councilor Hirschi that Resolution No. 10-89 be
approved.
Motion seconded by Councilor Thompson.
i
139
Item 6b Cont'd
Mr. Timothy L. Thomas appeared as Chairman of the Water
Task Force Commission. He asked about previously discussed
wording changes. Mr. Bonnett explained that all changes given
to them by the Council have been incorporated. The
declaratory language has been altered to give them more
permissive structure. The rate structure has also been
addressed in giving the Council ultimate flexibility. A copy
of this was sent to the State, and they have approved it. The
industry and the BCI both approved the rate structure.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 6c
RESOLUTION NO. 11-89
RESOLUTION APPROVING CONTRACT WITH ENGINEERING
CONSULTING FIRM FOR ENGINEERING REPORT ON LAKE
DIVERSION DAM
Moved by Councilor Buffum that Resolution No. 11-89 be
passed.
Motion seconded by Councilor Barenberg.
Questions were addressed by Mr. Bonnett on the right of
either party to terminate, and bonding and indemnification in
a professional services contract.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 8a
ORDINANCE NO. 9-89
AN ORDINANCE APPROVING THE AMENDED PROJECT PLAN AND
THE FINANCING PLAN FOR REINVESTMENT ZONE #1 OF
WICHITA FALLS, TEXAS
Moved by Councilor Barenberg that Ordinance No. 9-89 be
passed.
Motion seconded by Councilor Thompson.
Mr. Berzina explained that before the plan can go into
law, it must be adopted by the Council.
Sandy Goff, 3213 Beech, presented the plan to the
Council, stating that it is a pay as you go plan, and
recommended its approval.
Councilor Thomas favored the 10-15 percent funding by the
City being left in the plan, stating they will be assisting
those who need it. Councilor Buffum requested that it be
removed, but they are interested in showing businesses that we
have a healthy and productive growth. Councilor Barenberg
complimented the work done on this, stating that if we don' t
140
Item 8a Cont'd
act now we will perpetuate what has been going on since the
1920 ' s, which is all talk and no action. He feels each
project should be taken individually, and if we feel a project
is good then we should go with it.
Mr. Werner explained the basis for appraised value and
decreases in property value on the revenue analysis of the
report. Various other questions were appropriately addressed
by Mrs. Goff.
Mayor Goolsby commended Mrs. Goff, as Chairman of the TIF
Board, stating that he feels they have tried to address
concerns expressed by the Council. He explained that any
general revenue funds that go into this area will be for the
benefit of the entire city, and not just this area. The City
will need at some time to give it the extra push it will need.
Mrs. Goff stated that the staff did most of the work in
addition to their other duties. She thanked the Council for
allowing them the time to do this work.
Charles Davis, 4435 Call Field Road, stated that he is
pleased with the addition of the public improvement district.
Jeanie Thompson explained that a public improvement
district is basically a self tax for people within the
district. It is not something that the City Council can
initiate. It is something that the people in that district
petition for. Once this is done, the City Council can begin
with them a self improvement tax to be imposed upon them.
Public improvement districts are very flexible. It does not
have to be in a reinvestment zone. It can be anywhere in the
city, if that is what the people want.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 8b was struck from the agenda.
Item 8c
ORDINANCE NO. 10-89
ORDINANCE AMENDING ARTICLES I AND II , CHAPTER EIGHT,
CODE OF ORDINANCES, REGULATING SOLICITORS AND
ITINERANT MERCHANTS AND REPEALING ARTICLE IV,
CHAPTER EIGHT, REGULATING CHARITABLE SOLICITORS
Moved by Councilor Barenberg that Ordinance No. 10-89 be
passed.
Motion seconded by Councilor Hirschi.
Mr. Berzina explained that Jim Dockery, Bill Sullivan,
and Wilma Thomas have worked on this document. Mr. Sullivan
addressed contact with other cities, stating that there is no
uniformity in these ordinances. He addressed the changes in
the ordinance. Section 8-6(d) was addressed by Councilor
Barenberg.
Moved by Councilor Barenberg that Section 8-6(d) be
amended to include the requirement for the same references for
an individual as are required for a company.
141
Item 8c Cont'd
Motion seconded by Councilor Hirschi, and carried
unanimously.
Councilor Buffum asked about hotels getting permits for a
year for all itinerant merchants. Mr. Dockery explained that
if this were done, we do not know who they are, and we wanted
to have some basic information on each of them. Councilor
Buffum also asked about the Crossroads Mall, and Mr. Dockery
explained that he believed they would have a lease agreement
with Crossroads Mall for 30 days or more.
Councilor Thomas asked about itinerant merchants in the
Activities Center, and Mr. Sullivan explained that they would
not have to obtain a permit because we as a City would have
the information on them, and we would not have the information
from the hotels, etc. We wanted them to come to the City to
provide us with that information.
Councilor Thomas mentioned mobile homes being sold in
trailer parks without a license. He also asked how we can
prove that any itinerant merchant is reputable. Mr. Dockery
explained that we can' t, but when they met with the Better
Business Bureau, they made a point of allowing them to check
them out. Councilor Thomas felt that we are discriminating
against local people in leasing their own buildings for a
week-end, stating that we are not responsible for the public.
He also mentioned phone calls from other cities. Mayor
Goolsby noted that he feels the people are responsible for
themselves in whether they chose to purchase or not purchase
any given item or service. Councilor Thomas favored a
solicitation ordinance, but not for itinerant merchants.
Councilor Thompson had some questions on Section 8-9 and
8-14, which were addressed by other council members. He
didn' t like the way it was written.
Councilor Kirkham stated that he can fully understand the
need for a solicitation ordinance because even with this
ordinance sometimes daily there are people on the streets of
Wichita Falls trying to sell, collect, or seek money from
residents. Almost daily there are telephone calls from other
cities. There is no way that microwave can be regulated in
Wichita Falls. He questions the ability of the City to
enforce it because of manpower restrictions and the
constitutionality of it. He favors some means of controlling
it if we can, but does not believe that we can. The police
only reacts to citizens calls at the present time. Chief
Harrelson stated that they receive calls daily, slightly more
now than in the past.
Regarding itinerant merchants, he does not see how this
will work. If he is not on City property he feels it is
totally out of our range. Trespassing charges can be filed.
He only wants something that the police can act on as a
nuisance from the people.
Mr. Sullivan explained that the purpose of this ordinance
was not intended to represent that the things being sold have
any quality at all. They felt that the City had at least the
obligation to get some type of information on them. Chief
Harrelson explained that there have been times that people
coming into the City have set up a quick business swindle. He
feels the information is critical also to the neighborhoods.
He would feel comfortable with having the information
available.
The City Council recessed at 10: 30 , and reconvened at
10: 45.
142
Item 8c Cont'd
Councilor Hirschi asked about sno cone vendors who travel
the streets. Mr. Sullivan addressed this as being a solicitor
unless they are set up at a particular location. Councilor
Hirschi also suggested that grounds of the Wichita Falls
Activities Center be included in Section 8-28. The Council
agreed.
Mrs. Giola Ozuna mentioned instances where she had worked
in telephone solicitation where people are being ripped off.
She stated that the man who brought the drug group to Wichita
Falls had people to make out checks to him.
Paula Scheurer Elmore, 4100 Scottsdale, explained that
the Better Business Bureau has not taken a stand on how the
ordinance is written. After someone leaves town people come
into the Bureau to find some information about them. Their
initial concern is that they have some information at some
local office on names, address, company, etc. They have
complaints about unpaid employees and bills. The Better
Business Bureau cannot guarantee that merchandise will be
delivered or that a show will be held, but they can check with
other cities for a resource. She is speaking about
documenting information.
Councilor Thomas commented that he did not say we do not
need a permit, but people in the city do not need a permit to
lease their own property, such as Parker Square merchants
moving into the parking lot. Mayor Goolsby feels we have to
have some kind of ordinance, and this is better than what we
have had.
Councilor Barenberg mentioned the question of public
safety, stating that he sees a secondary gain under this
ordinance. He noted day-time break-ins, stating perhaps we
should do something about week-end enforcement.
Councilor Buffum noted that this was brought back to
exempt non-profit organizations. If we have nothing but names
and addresses he feels it is beneficial to the city and its
citizens.
Councilor Kirkham noted that the people who are not going
to be reputable are not going to get a permit. We need
something on the books for the police to do something with
solicitors on public or private property without permission.
If this is passed, we are going to have to make some means to
enforce it.
Mr. Hodge stated that you cannot constitutionally pass an
ordinance and say that people cannot solicit door to door in
the State of Texas. This may help us catch some crooks who
are coming in, but not to guarantee their honesty.
Mayor Goolsby noted that citizens are more responsible
for enforcing the law than the police. Nine times out of ten,
the law will not be enforced unless some citizen calls the
police.
A motion was made by Councilor Thomas to table this
ordinance, but it died for lack of a second.
The motion for passage of Ordinance No. 10-89, as
amended, carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, and Buffum
Nays: Councilors Thomas and Kirkham
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143
Item 8d
ORDINANCE NO. 11-89
ORDINANCE APPROPRIATING $77, 100. 66 FROM GENERAL
FUND - OTHER FINANCING RESOURCES TO ACCOUNTS
11-013-5420 AND 11-232-5420 FOR THE PURPOSE OF
REPLACEMENT COPY EQUIPMENT
Moved by Councilor Barenberg that Ordinance No. 11-89 be
passed.
Motion seconded by Councilor Thompson.
Mr. Werner explained the appropriation process for this
transaction. He stated that it is not an appropriation to
spend money, but to off-set the accounting entry which will be
made.
Mayor Goolsby directed that the minutes reflect that this
appropriation is for the purpose of purchasing three copy
machines for the Print Shop and Police Department, which is
considered a lease/purchase arrangement.
Mr. Berzina explained that if and when we seek bonds and
financing, our credit is at stake if we have too many
exceptions. Some cities are going to lease/purchase.
Vernal L. Huffines, of Mathis, West, and Huffines, stated
that Mr. Berzina explained it very well. If you obligate
yourself to a lease, and intend to perform on it, and the
lease substantially covers the life of the equipment, you must
recognize the obligation.
On another subject Mr. Huffines briefed the Council on
the status of the audit, stating that draft copies are
scheduled to go out by March 1.
Councilor Buffum asked how the expenditure of funds was
unforeseen and could not be anticipated? Mr. Berzina stated
they did not know they had to come up with this kind of
appropriation.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Item 9b
RESOLUTION NO. 12-89
RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO
CONTRACT WITH XEROX CORPORATION FOR LEASE AND
MAINTENANCE OF COPIERS
Moved by Councilor Barenberg that Resolution No. 12-89 be
passed.
Motion seconded by Councilor Hirschi.
Rick Stamper, Manager of OTT Business Systems in Wichita
Falls, made a lengthy presentation on the Konica and Mita
machines. He compared their product to Xerox, and explained
how he got the specifications. He stated that their machine
will not run card stock, nor does it have a computer forms
feeder. A Xerox machine has both. He explained that their
machine will keep records of the copies as they are made by
each person by putting in a five-digit code. He stated that
144
Item 9b Cont 'd
in his opinion it will take a lot more than two items to
justify spending almost $44, 000 more of the taxpayers ' money.
They are willing to provide the Mita machine which would do
card stock. They will guarantee it in writing. He stated
their machine will run 18 to 24 pound bond paper. It will not
run 110 pound paper.
Mr. Berzina noted that state law says you can put out a
list for proposals. He asked that we get the kind of
equipment that will accomplish the goals of saving money by
the use of these machines.
Jan Stricklin explained that the machines we currently
have are no longer making the quality copies, nor or producing
what we need. The police department needs a print machine,
not just a copier. What the OTT manager is talking about are
copiers, and not a print machine.
Mrs. Stricklin passed out a productivity analyses, which
is the latest information from Dataquest. By using card stock
and whatever pound of paper that we need, we can save $5 ,000
over the life of the lease. Xerox will replace our machines
for seven years, as opposed to five years. The information
presented will save more than $38 ,000 over a 5-year period.
Mrs. Stricklin stated that she watched the operation at
Sheppard Air Force Base and Wichita Falls Independent School
District. Xerox will produce at 90 copies per minute whether
you are using card stock, two-sided copies, or what. Konica
will produce 70 copies per minute for copies only. It reduces
the copies per minute for other items. After extensive
research the staff continues to recommend the dependability
that Xerox will bring to us, costing us far less dollars.
Mrs. Stricklin stated that we produce between 50,000 to
70,000 copies per month in the print shop, and between 50,000
and 75 , 000 copies per month in the police department. She
stated that Sheppard Air Force Base also has a lot of print
presses which they use. Major Shelton stated that the police
department also has two other machines which they use.
Mrs. Stricklin stated that there is a $34 , 577. 34
difference in the Xerox and Konica machines. In the five-year
leasing period they believe they could save $46 ,000 on work
which they send out to other print shops. On productivity,
she believes they can save an additional $38 ,000 over the
above amounts.
Councilor Barenberg stated he had trouble with colored
paper holding up well in covers. Mrs. Stricklin stated that
if she can only use 24-pound paper she would have to
completely re-do many of the manuals more often. She believes
she knows more about what we need in our own print shop.
Richard Almond, with Xerox Corporation, stated that the
machine would not be cheaper with outright purchase, as
opposed to leasing. He compared his product with Konica' s
machine. He mentioned supply costs, loading of card stock,
etc.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Barenberg, and Buffum
Nays: None (Councilor Kirkham was absent from the
Council table. )
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145
The City Council recessed at 12 : 15 P.M. and reconvened
at 1: 00 P.M. Councilor Thomas did not return for the
afternoon session.
Item 9a
RESOLUTION NO. 13-89
I'
RESOLUTION TO ACCEPT AND APPROVE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION PROJECT FOR THE
WARNING SYSTEM AT A RAILROAD CROSSING ON THE OLD
HENRIETTA ROAD
i
Moved by Councilor Barenberg that Resolution No. 13-89 be
passed.
Motion seconded by Councilor Kirkham, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg. Buffum and Kirkham
Nays: None
Item 9c
RESOLUTION NO. 14-89
RESOLUTION DECLARING CERTAIN PARCELS OF REAL
PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE
ADVERTISED FOR SALE BY SEALED BIDS
Moved by Councilor Kirkham that Resolution No. 14-89 be
passed.
Motion seconded by Councilor Hirschi.
Parcel 6 was removed from this resolution.
Mr. McKinney addressed a question on billboards.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, and Kirkham
Nays: Councilor Buffum
Item 9d
RESOLUTION NO. 15-89
RESOLUTION TO APPROVE AMENDMENT TO CONTRACT WITH
ENGINEERING CONSULTING FIRM FOR 1989 BUDGET UTILITY
IMPROVEMENT PROJECT
Moved by Councilor Kirkham that Resolution No. 15-89 be
passed.
Motion seconded by Councilor Buffum, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
146
Item 9e
RESOLUTION NO. 16-89
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF
UTILITY EASEMENTS FOR PHASE II OF THE 48" SEWER LINE
PROJECT, APPROVING THE APPRAISALS, SETTING JUST
COMPENSATION, AND AUTHORIZING PURCHASE OR
CONDEMNATION
Moved by Councilor Thompson that Resolution No. 16-89 be
passed.
Motion seconded by Councilor Kirkham, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
Item 9f
RESOLUTION NO. 17-89
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH CANTU SERVICES, INC. FOR
PROVISION OF CATERING SERVICES AT THE ACTIVITIES
CENTER
Moved by Councilor Buffum that Resolution No. 17-89 be
passed.
Motion seconded by Councilor Hirschi, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
Item 9g
RESOLUTION NO. 18-89
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT ON BEHALF OF THE CITY OF WICHITA
FALLS WITH FIRST INDIANA COMPANY, LTD.
Moved by Councilor Kirkham that Resolution No. 18-89 be
passed.
Motion seconded by Councilor Buffum, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays : None
Item 9h
RESOLUTION NO. 19-89
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF
PARCELS #52-A AND #53-A FOR THE HOLLIDAY CREEK
PROJECT, APPROVING THE APPRAISALS, SETTING JUST
COMPENSATION, AND AUTHORIZING PURCHASE OR
CONDEMNATION
147
Item 9h Cont'd
Moved by Councilor Barenberg that Resolution No. 19-89 be
passed.
Motion seconded by Councilor Hirschi, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
I
Item 9i
RESOLUTION NO. 20-89
RESOLUTION CALLING REGULAR CITY ELECTION FOR
MAY 6, 1989, AND NAMING POLLING PLACES
Moved by Councilor Buffum that Resolution No. 20-89 be
passed.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
Item 9j
A proposed resolution was presented approving a one-year
lease to Wichita Falls Railroad Museum of Lots 3-7, Block 177,
Original Town of Wichita Falls. A motion was made by
Councilor Kirkham, and seconded by Councilor Hirschi, for its
passage.
Steve Goen, Railroad Museum Director, stated they are not
happy with a one-year lease. They also wanted Lots 1 through
7. Mr. Berzina explained that Lots 1 and 2 were not available
at the time, and they also did not have a plan.
Moved by Councilor Barenberg that this matter be tabled
for one month, during which time the Railroad board should
meet with the City Manager and discuss the problems involved,
then come back to the Council with an acceptable arrangement.
Motion seconded by Councilor Kirkham, and carried
unanimously.
Item 10a
RESOLUTION NO. 21-89
RESOLUTION TO ACCEPT PROJECT TO RELOCATE UTILITIES
ACROSS HOLLIDAY CREEK AND TO AUTHORIZE A FINAL
PAYMENT TO THE CONTRACTOR
I
Moved by Councilor Thompson that Resolution No. 21-89 be
passed.
Motion seconded by Councilor Kirkham.
Mr. Bonnett addressed the problems involved in the
delays.
The motion carried by the following vote.
148
Item 10a Cont'd
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
Item 10b
RESOLUTION NO. 22-89
RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING
FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF
THE HARDING STREET BRIDGE PROJECT
Moved by Councilor Barenberg that Resolution No. 22-89 be
passed.
Motion seconded by Councilor Hirschi.
Mr. Bonnett explained that they do not feel the
documentation is conclusive on the request of the contractor
for a 21-day extension, and he feels they should give them 21
days for unavoidable delays. They are being charged for 102
days of liquidated damages at $100 per day.
Councilor Thompson feels they should make the liquidated
damages higher. Mr. Berzina explained that it would be based
on the value of the project under contract. Mr. Bonnett
stated there is a sliding table used for liquidated damages.
Mr. Hodge explained that you cannot make this a fine or
penalty, but is liquidated damages.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
Item 10c
RESOLUTION NO. 23-89
RESOLUTION TO APPROVE CHANGE ORDER FOR RELOCATION OF
UTILITIES FOR THE HOLLIDAY CREEK PROJECT
Moved by Councilor Kirkham that Resolution No. 23-89 be
passed.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thompson,
Barenberg, Buffum, and Kirkham
Nays: None
Item lla
Herb Taber, representing Community Action Corporation,
requested $3 , 392. 88 in additional funds for the meals-on-
wheels program. It would increase the number from 120 to 140
meals. Miss Houseworth noted that the only place where we can
get funds would be in the general fund. All other resources
have been allocated.
149
Item 11a Cont'd
Councilor Barenberg asked for a report from the City
Manager on availability of funds.
Item 11b
Moved by Councilor Hirschi that the refuse cost of
service study be received.
Motion seconded by Councilor Barenberg.
It was decided that this would be discussed at the next
meeting.
Councilor Barenberg called the question, seconded by
Councilor Buffum, and carried unanimously.
The motion carried unanimously.
Item llc
Personnel Officer Jan Stricklin presented the affirmative
action report, stating that it remains fairly consistent with
last quarter. She addressed compliance reports, and noted
there is a new law which prevents goal setting and perhaps
quotas and time tables for minority groups under certain
contracts.
Councilor Thompson stated that the Supreme Court said
that race could not be a criteria. It says that you must be
able to document that discrimination has existed.
Mrs. Stricklin explained that they will need to re-
examine our affirmative action plan to make sure we are in
compliance.
The report was accepted by the Council.
Item 11d
The man who wanted to discuss Eddy Lane had to leave
earlier. Mr. Berzina noted that Public Works Department
looked at it.
Mr. Gross explained the water meters in this location,
stating there are three people using water on one meter. They
plan to lay a six-inch water line to the end of the street,
put a fire hydrant in, and put water taps and meters for each
of these three. They will be required to pay a pro rata
charge for the six-inch water line. Each will have to place a
$50. 00 water deposit. They have set certain requirements on
this transaction. Taxes will have to be paid by these people
before CDBG funds can be used. It appears that these taps
were illegal, since the City does not work on the property
side of the meter. The ordinance provides that each house
will have its own meter. Mr. Gross stated that they will meet
with the citizens involved.
Item lle
Mrs. Ozuna mentioned a gas line going across town.
The City Council recessed at 2 : 20 P.M. , to attend a
Wayport meeting, and reconvened at 5 : 20 P.M.
150
Item llf
Councilor Buffum noted his concern over the rating and
rental of video home movies. If a young child tried to go to
a movie like some of them, they would not be allowed to do so;
however, some of the young children are renting them. He
requested an ordinance addressing a need in our community.
Councilor Thompson stated that he had previously raised
the question as to how to make it easier for some of our local
contractors to get some of the work here. He is still trying
to find some way to get some of the local contractors involved
in bidding, such as a workshop. Councilor Kirkham noted that
the range of each contractor was 250 miles, but he is required
to hire at least 70 percent of his employees within the area.
Councilor Thompson expressed that he is talking about both
contractors and employees. Mr. Berzina suggested that he
first get them a report on what the law says, then try to find
out what they can do to foster some of these concerns.
Councilor Kirkham asked about the letter to the FAA on
the flight service station. Mr. Berzina explained it is in
Bob Parker' s hands.
Councilor Hirschi again mentioned the mission statement.
Mayor Goolsby mentioned the contract due in March on
Weeks Park Golf Course operations. He requested information
that will be something they can work with.
Item llg
Mr. Berzina handed out information on indigent care
costs. He also noted that on March 8, the BCI is sponsoring a
legislative session to promote Wichita Falls. He asked for
the Council ' s thoughts on providing a bus.
Item llh
The City Council recessed into executive session at 5: 30
P.M. , according to Article 6252-17, Section 2 , Paragraphs (e)
and (g) of the Revised Civil Statutes. The meeting reconvened
at 6 : 05 P.M.
Item 11i
Moved by Councilor Kirkham that the following
recommendations for appointments be made to the Appraisal
Review Board: Dwayne Britton, Henry Dvorken, Ikard Smith, and
Jack Wilkinson.
Motion seconded by Councilor Barenberg, and carried
unanimously.
Item llj
Moved by Councilor Kirkham that Ron Buffum be appointed
to the Economic Development Steering Committee.
Motion seconded by Councilor Barenberg, and carried
unanimously.
151
Item llk
Moved by Councilor Kirkham that Tonya Dawkins and Rika
Allen be appointed to the Youth Activities Advisory Council,
for terms to expire May 31, 1989.
Motion seconded by Councilor Hirschi, and carried
unanimously.
The City Council adjourned at 6 : 10 P.M.
PASSED AND APPROVED this the day of
1989.
Perry olsby, May(Jr
ATTEST:
Wilma J. omas, CMC/AAE
City Clerk