Min 12/20/1991 834
Wichita Falls, Texas
Memorial Auditorium Building
December 20, 1991
Item 1
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
David Farabee -
Terrance E. Loughry -
Angus Thompson - Councilors
Paul Hughes -
J. W. Martin -
James Berzina - City Manager
Gregory Humbach - City Attorney
Wilma J. Thomas - City Clerk
Don Kirkham - (Absent)
The invocation was given by Robert Prothro, Trinity Baptist
Church.
Item 3
Moved by Councilor Martin that minutes of the meetings held
December 3 , 5, and 12 , 1991, be approved.
Motion seconded by Councilor Farabee, and carried
unanimously.
Item 4a - 5c
Moved by Councilor Thompson that the consent agenda be
approved.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: None
Item 4a
RESOLUTION NO. 189-91
RESOLUTION TO AWARD BID FOR RUBBER-ASPHALT CRACK
SEALING COMPOUND, 80,000 LBS. , TO CRAFCO TEXAS, INC.
Item 5
Minutes of the meetings of the following boards and
commissions were received.
a. City/County Public Health Board - November 22 , 1991
b. Library Advisory Board - November 26 , 1991
c. Commission on Disability - December 2, 1991
835
Item 6a
ORDINANCE NO. 106-91
AN ORDINANCE ADOPTING A REDISTRICTING PLAN TO CHANGE
THE MUNICIPAL COUNCIL DISTRICT BOUNDARIES OF THE CITY
OF WICHITA FALLS
Moved by Councilor Thompson that Ordinance No. 106-91 be
passed.
Motion seconded by Councilor Hughes.
Richard Esparza, representing Mexican American Democrats of
Texas, opposed Plans 1, 2 , and 3 , stating they are keeping the
minority district more or less the same percentage as it was
before. He stated he feels there is no possibility for
hispanics to be elected in Wichita Falls. He supported Plan 4
to increase members of the City Council so that the Mexican
community will have a representative in Wichita Falls. He
stated they have had no Mexican representative in Wichita Falls,
unless they live in another district. He would like to do away
with the at-large position.
Mayor Lam pointed out that Plan 4 does not change an
at-large elected position. Councilor Thompson agreed, stating Aft
they are asking for a plan to be submitted to the Justice IJ
Department to have a charter election in November, 1992 , to have
all council members elected by district.
Mr. Esparza stated they wanted to increase council members
so that the hispanics can have a chance to have some input into
the redistricting plan, and have a hispanic district. He
further stated they would like the opportunity to bring in their
experts to advise them which plan is the best way to go.
W. C. Young, 1018 Widows Lane, asked if the Council can put
a charter amendment on the ballot without going to the Justice
Department, and Mayor Lam replied in the affirmative.
Councilor Thompson stated every plan they have seen has
been flawed in some manner. He stated that he learned this
morning that Plan 4 crosses several precinct lines. With that
in mind he would like to see us adopt a plan that comes as close
as possible to Plan 4, and have a statement submitted to the
Justice Department that we are holding a charter election in
November, 1992. He wanted information provided to the citizens
so that they can make intelligent decisions. He stated his
preference is Plan 4. If that is not possible he will support
the plan that is closest to it. He would like to submit an
interim plan to the Justice Department.
Councilor Farabee stated that when he spoke with some of
the members of the redistricting committee, they had not seen
Plan 4, but they had the feeling that was the direction in which
we were moving. They were not asked about it. He stated Plan 4
violates three precinct boundaries. He has no problem with
taking a 6-1 plan to the voters, and would encourage this body
to take it to the citizens in November, 1992. He also wants the
redistricting committee to feel that they have input. This
committee made a recommendation to the Council of Plan 1. He
would recommend Plan 1, with a notation that they would
encourage an election to be held in November.
Councilor Hughes explained that he agrees with a lot of
what has been said by Councilors Farabee and Thompson, and asked
Mr. Humbach what they can legally do as a body. Mr. Humbach
emphasized that this Council cannot delegate an act to bind a
Council at a later date. They can make a recommendation that it
be done. They cannot make a decision today to call for a
charter election. Councilor Thompson stated if it is not done
we will be in Court.
836
Item 6a, cont'd.
Councilor Martin emphasized that Plan 4 splits Precincts 4,
26, and 30. Chances of it getting by the Justice Department are
slim and none. Plan 1 is the best, and we can recommend that an
election be called in November. He recommended that the
committee stay intact for the purpose of studying it.
Councilor Loughry stated that he agrees with Councilor
Farabee about the Committee ' s feelings about a plan they have
not seen. He favored Plan 1.
An amended motion was made by Mayor Lam that Exhibits A and
B attached to the ordinance be designated as Plan 1, and that
this Council desires, encourages, and feels morally obligated
that the Council sitting in November, 1992, give the citizens an
option of voting on a charter amendment.
Motion seconded by Councilor Hughes.
Mr. Humbach addressed the amount designated for the
consultant as $15 , 000 , plus an additional estimated amount of
$8,000 , none of which was budgeted.
The amended motion for passage of Ordinance No. 106-91
carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: None
A group of children were present from Bonham School to
present a pledge against drugs to the Mayor and City Manager.
Item 7a
RESOLUTION NO. 190-91
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT FOR THE NORTHEAST
DRIVE DRAINAGE PROJECT, APPROVING THE APPRAISAL,
SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE
OR CONDEMNATION
Moved by Councilor Thompson that Resolution No. 190-91 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: None
Item 7b
RESOLUTION NO. 191-91
RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING PURCHASE
OF PORTABLE RADIOS FOR POLICE DEPARTMENT
Moved by Councilor Martin that Resolution No. 191-91 be
passed.
Motion seconded by Councilor Hughes.
837
Item 7b, cont'd.
Chief Harrelson recommended the General Electric bid over
Motorola because of conversion costs, stating General Electric
is compatible with everything they have.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: None
Item 7c
RESOLUTION NO. 192-91
RESOLUTION NAMING POLLING PLACES FOR CITY ELECTIONS
UNDER THE NEW REDISTRICTING PLAN
Moved by Councilor Martin that Resolution No. 192-91 be
passed.
Motion seconded by Councilor Hughes.
Mrs. Thomas noted changes in two polling places. City Box
6 will be located at Washington Elementary, and City Box 7 at
Fannin School.
Moved by Mayor Lam that the Resolution be amended to
provide for those changes.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: None
Item 8a
Moved by Councilor Farabee that the bid for four, one-half
ton pickups be awarded to Karl Klement Ford-Mercury, Inc. , in
the amount of $43 ,468. 04.
Motion seconded by Councilor Thompson.
Mayor Lam noted concern from the new car dealers about this
business going out of town. Mr. Berzina noted we have to follow
state bidding procedures. Discussion followed on reviewing
bidding procedures with our vendors again in the form of another
seminar, and other ways to keep them informed.
The motion carried unanimously, with Councilor Hughes away
from the Council table.
Item 8b
Moved by Councilor Martin that the bid for three, three-
quarter ton pickups be awarded to Herb Easley Chevrolet in the
amount of $41, 260. 26.
Motion seconded by Councilor Farabee, and carried
unanimously, with Councilor Hughes away from the Council table.
838
Item 8c
Moved by Councilor Hughes that the bid for two, one-ton cab
and chassis be awarded to Karl Klement Ford-Mercury, Inc. , in
the amount of $25,990. 04.
Motion seconded by Mayor Lam, and carried unanimously.
Item 8d
Moved by Councilor Hughes that the bid for one, one-ton
pickup be awarded to Karl Klement Ford-Mercury, Inc. , in the
amount of $14,393 . 00.
Motion seconded by Councilor Thompson, and carried
unanimously.
Item 9a
Mrs. Stricklin presented the Affirmative Action Report, for
a six-month period. Councilor Thompson felt we are not making
significant progress in affirmative action, stating that blacks
are not being given a fair share of the work going on in our
city with the contractors. Mr. Berzina pointed out that there
is no difference in the eyes of the federal government whether
they are black or brown. In terms of complying with federal
law, it is more than working. Mrs. Stricklin noted that she
would look into contractors hiring of more blacks, if they
receive qualified applicants. We cannot force them to do so,
however. Mr. Berzina commented that the contractors have a
corps of people in the hispanic work force that have developed
the skills needed, and they are very portable from job to job.
Item 9b
W. C. Young, 1018 Widows Lane, noted meetings at the
Holliday Creek Gardens Apartments.
Charles Thomas, 4510 Shady Lane, appeared in regard to the
burglar alarm ordinance, stating that by this time of year they
are having to police their property themselves because at $40. 00
a call they cannot afford to have the alarm people call the
police. He suggested a system that after six alarms they might
meet with the alarm people and the police department. Mayor Lam
suggested that the Chief look into this ordinance to see what
can be done.
Mr. Thomas also mentioned property on the Jacksboro Highway
which floods since curb and gutter has been installed. It is
Big State Grinding.
David Finley, County Extension Agent, addressed a water
bill they received on the 4-H Barn property, in the amount of
$568 . 20. He requested an adjustment on the sewer charge portion
of the bill. Mayor Lam suggested they consider their average
rate on this one time basis at a future council meeting.
839
Item 9c
Councilor Loughry noted rough streets at Jacqueline and
Manchester at Beverly. He also noted work which needs to be
done at the airport terminal, along with a leak at American
Eagle. He also mentioned a school crossing zone at Kemp and
Avenue O. Mr. Parker explained that it is a school crossing,
and not a school zone, and they don' t have any problems on Kemp,
stating that if there are no gaps in the traffic they will have
problems.
Councilor Martin thanked Mr. Bonnett and Mr. Parker for the
courteous expeditious manner in which they have handled certain
complaints. He also commented on the beauty of Harold Jones
Park decorated for Christmas.
Councilor Farabee asked about the locations for Christmas
trees to be taken this year for composting. Mr. Dockery stated
that the drop off locations will be at Kiwanis and Lucy Parks.
Councilor Thompson and other members of the Council wished
all a Merry Christmas.
Item 9d
Mr. Berzina addressed the progress of the Holliday Creek
project with the Corps of Engineers in Tulsa. Mr. Bonnett noted
a public hearing on the Plum Creek project on January 16 , 1992.
Mr. Berzina noted activity in the housing area, and
tracking programs which may be pursued with matching funds. Mr.
Dockery explained that Resolution Trust Corporation has made
available five properties in the city to applicants at no cost.
Block grant funds would be used to rehabilitate the properties.
The applicant would have to get final approval for the loan. It
will provide affordable housing and put them back on the tax
rolls of the City.
Item 9e
The City Council recessed into executive session at 10: 35
a.m. , according to Article 6252-17, Sections 2 (e) and (f) ,
VACS. The meeting reconvened at 11: 12 a.m.
Mayor Lam announced there is no other business to conduct,
and no appointments to be made. He urged citizens to make
applications for these vacancies.
The City Council adjourned at 11: 15 a.m.
PASSED AND APPROVED this - :/ day
1992.
r%
Michael Lam, Mayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk