Min 05/11/1989 222
Wichita Falls, Texas
Memorial Auditorium Building
May 11, 1989
Items 1 & 2
The City Council of the City of Wichita Falls, Texas, met
in called 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 Mayor Goolsby.
Item 3
Mayor Goolsby announced that the meeting had been called
to canvass the results of the City election held May 6, 1989.
The Mayor and City Clerk proceeded with the canvass of the
votes cast.
RESOLUTION NO. 68-89
RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL
ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS,
ON MAY 6, 1989 FOR COUNCILOR AT LARGE, COUNCILOR FOR
DISTRICT 1 AND COUNCILOR FOR DISTRICT 2
Moved by Councilor Thomas that Resolution No. 68-89 be
passed.
Motion seconded by Councilor Hirschi.
Mrs. Ozuna appeared and mentioned discrepancies in the
voting. She stated there would be a follow-up and
investigation of the way it was handled. It compromised some
off duty policemen and firemen in the city. If proved that
this has happened, she proposes that the Council member at
large only represent those districts where there were no
discrepancies.
City Attorney H. P. Hodge explained that he had talked
with Mrs. Ozuna, and she mentioned one situation she
personally observed at the polls at Zundy. For one of the
candidates, she stated she saw an election worker
electioneering within the 100 feet distance requirements of
the polls. A violation of this is a Class C misdemeanor, and
subject to a fine of $500. She also was told by hearsay from
Mrs. Maley that at Notre Dame it was reported that someone was
electioneering near the polls within the 100 feet requirement.
It was also reported that some off-duty firemen and policemen
were working for a candidate at the polls at Notre Dame.
Mr. Hodge explained that working for a candidate is not
against the law. The other objection she made was that some
223
Item 3 Cont'd
of the facilities of a political party were used for a
telephone bank. He does not find this to be a violation. The
City elections are non-partisan, and folks who are running for
office and those supporting people have the right to do what
is legal.
The only violation he noted was the young man at Zundy,
and the question was what effect it would have on the
election? He cited a 1932 case in Austin in the Court of
Civil Appeals, Ramsey vs. Wilhelm, where a candidate was seen
at two polling places. The Courts have held that unless there
be some reasonable indication that it affects the result of
the election, the statutes are uniformly construed as being
directory only-not mandatory, and have been liberal in their
application to effectuate the will of the electorate. Nowhere
do we find any provisions in the statute which would authorize
a rejection of legal votes, or refusal to give them effect,
because of misconduct of a candidate, not affecting the
holding of the election nor the result thereof, nor indicating
any probability that the fairness of the election or the
choice of the electorate was in any manner influenced or
affected thereby. There is no evidence of any such result
from the conduct of appeals in this case. It is unfortunate
that there may have been some discrepancies, but he does not
think it affects the election at all.
Mrs. Ozuna stated when they arrived home, she called the
County Clerk and he said he had already sent the police out to
Faith Village. She stated there should be a police report.
The motion for passage of Resolution No. 68-89 carried by
the following vote.
Ayes: Mayor Goolsby, Councilors Hirschi, Thomas,
Thompson, Barenberg, Buffum, and Kirkham
Nays: None
Councilor Thomas thanked his family for putting up with a
lot during the last six years. He stated he has not done
anything in the City except be on the Council. He has not
paved any streets, put out any fires, picked up the garbage,
etc. , yet he and other Council members got the credit. He
stated it is the employees of the City that make the Council,
and he wants to thank them. A round of applause greeted his
remarks.
Councilor Hirschi thanked the citizens for allowing him
to serve on the Council these last two years. It was not a
sacrifice, and he has fond memories.
Councilor Thompson expressed appreciation to the voters,
and those who worked for him. He stated a great friendship
has been forged with those members who are leaving, and he
expects it will continue. He has been fortunate to serve with
good men, and wishes them the best.
Item 4
City Clerk Wilma Thomas administered the oath of office
to the new Council members. Mayor Goolsby presented City of
Wichita Falls pins to each new member, and their wives.
Mayor Goolsby presented a plaque to Charles Thomas for
his service, stating that he had coached him in high school,
and the influence shared by them has been for the better.
Mrs. Glenda Thomas was presented a portrait of her husband.
i
224
Item 4 Cont'd
The same recognition was presented to John and Nancy
Hirschi. Mayor Goolsby also coached John Hirschi in high
school. Each outgoing member received his name tag, and sign
on the parking lot.
Mr. Gus Arakelian, 2505 Ruskin, from the Greek Orthodox
Church, noted that they are planning a celebration for May 13
at the church, and he failed to get a temporary permit to sell
Greek wine.
City Attorney H. P. Hodge explained that the staff cannot
sign off and approve a temporary alcohol beverage permit in a
Single Family Zone without approval of the Council.
Mayor Goolsby explained that he does not like us trying
to get around the law, and suggested that Mr. Hodge and
Mr. Arakelian meet with Doyle Davis at the Alcoholic Beverage
Commission to determine if there is a solution.
Mayor Goolsby announced a reception for outgoing and
incoming council members following the meeting.
The meeting adjourned at 9: 34 A.M.
PASSED AND APPROVED this the r day of
1989.
Perry GoIblsby, Mayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk