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Min 03/01/1983 I 99 Wichita Falls , Texas Memorial Auditorium Building March 1 , 1983 Items 1 & 2 The Board of Aldermen 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. Horace 0. Boston Mayor Pro tem Gene Shearman Carol G. Russell Aldermen Howard M. Morris Gary D. Cook Absent John W. Hamoton Absent j Craig A. Wilson Absent Dane Bennett Acting City Manager j H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by Allen Foiuson, Northwest Christian Center. Item 3 I Moved by Alderman Russell that minutes of the meeting held February 15, 1983, be approved. Motion seconded by Alderman Morris, and carried unanimously. The following items were deleted from the agenda: 4b, 10c, llc, 13a, and 14a. Item 6b was moved to the regular agenda. Items 4a - 9a Moved by Alderman Morris that the remaining items on the consent agenda be approved. Motion seconded by Alderman Shearman. Item 4a ORDINANCE NO. 25-83 ORDINANCE RESTRICTING SWIMMING TO CERTAIN AREAS OF LAKE ARROWHEAD AND AL(-OWING THE POSTING OF SIGNS TO DESIGNATE RESTRICTED AREAS. Ayes: Mayor Pro tern Boston, Aldermen Shearmar, Russell , and Morris Nays: None Item 5a RESOLUTION NO. 44-83 RESOLUTION APPROVING THE ATTACHED CONTRACT WITH DP.. PEPPER BOTTLING CO. OF WICHITA FALLS FOR FURNISHING SOFT DRINK VENDING SERVICES AT CERTAIN CITY FACILITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the City of Wichita Falls joined in contract with Dr. Pepper Bottling Co. of Wichita Falls to furnish soft drink vending machine operation services at certain City facilities; and, WHEREAS, the term of the original contract between Dr. Pepper Bottling Co. and the Citv of Wichita Falls was for a one year period beginning March 1 , 1982 and ending February 28, 1983; and, 100 Item 5a, cont'd. WHEREAS, both Dr. Pepper Bottling Co. and the City of Wichita Falls are in agreement that the attached soft drink vending contract should be renewed for an additional one year period under like terms and conditions ; and, WHEREAS, renewal of this contract is not subject to formal bid processes; and, WHEREAS, Dr. Pepper Bottling Co. has complied with the terms and conditions of the original contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Dr. Pepper Bottling Company's contract with the City of Wichita Falls be extended for a one year period under like terms and conditions and the City Manager is authorized to execute the attached contract with Dr. Pepper Company of Wichita Falls. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None Item 5b RESOLUTION NO. 45-83 RESOLUTION APPROVING THE ATTACHED CONTRACT WITH ROWE VENDING FOR FURNISHING VENDING MACHINE OPERATION SERVICES AT CERTAIN CITY FACILITIES AND AUTHORIZING THE CITY MANAGER TO DO THE SAME. WHEREAS, the City of Wichita Falls joined in contract with Rowe Vending for Rowe Vending to furnish vending machine operation services at certain City facilities; and, WHEREAS, the term of the original contract between Rowe Vending and the City of Wichita Falls was for the period beginning March 1 , 1982 and ending February 28, 1983; and, WHEREAS, the original contract is renewable for a like period upon like terms and conditions upon thirty days' written notice by either Rowe Vending or the City of Wichita Falls; and, WHEREAS, Rowe Vending has indicated in writing, on January 17, 1983, a desire to extend the contract; and, WHEREAS, Rowe Vending has complied with the terms and conditions of the original contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Rowe Vending' s offer to extend its original contract with the City of Wichita Falls for a like period under like terms and conditions is hereby accepted and the City Manager is authorized to execute the attached contract with Rowe Vending. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None Item 6a The bid for an asphalt hot mix recycling patch machine was awarded to Cessco Sales and Rental in the amount of $8,910. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None Item 6c The bid for a 70" Slope mower was awarded to Goldwaites of Texas, for the Excel 402, in the amount of $11 ,600. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None lei Item 6d Bits were awarded for mowing equippment, as follDws. a. Two 72" rotary mowers to Goldwaites of Texas, in the amount of $16,322. b. One 59" reel mower to Goldwaites of Texas, in the amount of $7,155. c. Two 44" cut rotary mowers to Trinity Equipment Company, in the amount of $6,164. d. One 80" cut rotary mowing deck to John's Tractor and Gas , in the amount of $2,500. e. Three 72" cut ro";:ary mowing deck to Goldwaites of Texas, in the amount j of $5,985. Cne 6C" cut rotary mowing deck to John' s Tractor and Gas , in the amount Of V ,C00. g. Three 29V' cut 7 blade reel to Coldwaites of texas, in the airount aF $3,375. Ayes: ,Mayor Pro ter Boston, Aldermen Shearman, Russell , and Morris Nays : None Item 7a Authority was granted to advertise for bids for a drafting plotter for the Public forks Department. Ayes : Mayor Pro tem Boston, Aldermien Shearman, Russell , and ilcrris Nays: None Item 8a M"inutes of the meeting of the Building Board of Adjustrients and Appeals held February 10, 1983, were received. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None Item 8b Minutes of the meeting of the Planning Board held February 9, 1983 were received. Ayes: , Mayor Pro tem Boston; Aldermen Shearman, Russell , and Morris Nays: gone Item 8c Minutes of the meeting of the Traffic Safety Council held February 2, 1983, were received. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Mrorris Nays: None I tern 9a Approval of tax refunds as follows, was grante . Lamar Corporation, $2,350.10; Mrs. Stric :1 and, $855.11 . (Wayfarer i+',ot21 Property) Ayes: Mayor Pro tern Boston, Aldermen .Shearman; Russell , a Id M".oi,ri s Nays: None Ttem 6b Bids; ;were considered on annual quantities of gasoline and diesel fL al . Alderman Shearman asked if this has an escalating and descalating clause? Acting Assistant City Manager Ed Barrett explained this drocedure, Moved by Alderman Shearman that.the bid for gasoline be .awarded to Henderson 66 in the amount of $492,185, and that the bid for diesel be awarded to Chester Wood Oil Company in the amount of $224,269. Motion seconded by Alderman Russell , and carried unanimously. 102 Item IOa Windell Duncan, an employee of Public Utilities, was honored as Employee of the Month for March. Mayor Pro tem Boston presented him with a plaque and two tickets each to a theatre and dinner. Item 10b Leonard Keen, 1509 Monroe, Frank Townsend, 2604 loth, and Earl Allred, 4821 Lovers Lane, appeared concerning complaints about Lone Star Gas Company. Mr. Keen asked why Lone Star Gas Company spends so much money advertising to tell the people how cheap and efficient they are when they are the only one in town? The citizens of Wichita Falls wonder who they can get to check Lone Star Gas. He mentioned that the average profit margin of Lone Star Gas is from 68.3 to 65 percent. He also noted that there is a problem with new meters. He stated that during one month he only used gas for a hot water heater, and his bill was $99.20. He stated that other people were having this same problem. He stated that his new meter was installed on November 25, rather than December 17. Bills are three times higher than the month before when new meters are installed. He stated that Mr. Liles was disrespectful when he talked with him. Mr. Keen mentioned another party having a transfer fee charged to him because a girlfriend had the gas service transferred to another address while he was out of town. The gas receipt specifically states that it is not transferrable. Frank Townsend stated that his gas bills for September through January were $14, $25, $120, $204, and $185, respectively. He also stated that the base rate in the ordinance is not consistent with Lone Star Gas. He put up a deposit of $175.00. Section 207c requires that the deposit shall not exceed 1/6 of the annual billing rate. This seems more than this. He stated that he is a single person with two children, and he cannot afford to pay this. Earl Allred stated that he has two car washes. In those weeks in December when he ran his water off his electrical heater his gas bill was $425.00. On the car wash on Call Field Road his gas bill ran from $290.00 to $600.00. He does not understand why these bills are this high. Mr. Keen stated that this is just two of the many people affected. He stated that Mr. Liles told him that there is not much he can do to him and Lone Star Gas because they are the only company in town, and he can pay this bill or they will take the meter out. If this is true, why do they spend money on advertising when the citizens are paying for it? He stated that he had converted to electric. He will be a slave to only one company. He stated that the gas company states that their meters don't make mistakes. They would like to know what the Council can do for them? They do not expect an answer today. Mayor Pro tem Boston stated that he had asked Mr. Liles to be here today to respond to these allegations verbally or in writing. Mr. Keen wonders who is going to investigate Lone Star Gas? He stated that he had been offered a $250,000 bribe to keep his mouth shut. He stated that Mr. Clark, with the gas company, asked him to come down to the meeting room at Lone Star Gas. Some woman also said he could bring two people. He also stated that he had been threatened with being buried in the river, and a scope rifle. He stated that he had been told that he looked ugly and stupid on television, and he had better tread lightly because they were going to get him. City Attorney H.P. Hodge stated that state law makes the City the regulatory agency for gas rates in Wichita Falls. One of the items of expenses is advertising. The City not only has authority to set rates, but control the service. They also have jurisdiction over meters, and the testing of meters. The Council can set rates. The Railroad Commission has appellate authority. He is not sure that Mr. Keen and his group has the authority to appeal to the Railroad Commission. He stated that h is smocked at the threats mentioned by Mr. Keen. Mr. Hodge stated that he has also dealt with Mr. Liles. In all his dealings with him, he has acted in a gentlemanly and courteous manner, even though they do not usually agree. This is the first time he has heard of him being discourteous. He has not had this in his experience. 103 Item 10b, cont'd. Mr. Keen stated that others have been treated discourteously, as well . Mr. Hodge stated that this is the first time they have really known the extent of their problems. It will be out on the agenda at the next council meeting. Mr. Keen wonders if the Council will have someone else to check these meters instead of Lone Star Gas? He did not use gas in January. Sorething is wrong with the meter. Rumors are going around that the gas comoany is running up the meters with a rod. He is not saying this is true. He has not seen it, but others have told hire thev have seen it. Mr. Hodge again explained that state lair gives the City authority to check meters. We have nothing in the city organization to test a gas meter, but he is sure we can get it tested. Mr. Keen stated that they are the only company in town, and somebcd,r else should be checking the meters. Alderman Shearman asked if we can make an in-house investigation on these allegations, and have the report back at -she next council meeting? Mr. Hodge stated that they could. Mayor Pro teen Boston stated that this is what he had previously stated. The Council will ask him to come back at the next council meeting, and they will try to have something for him. They will try to -,'ind someone with expertise. City Attorney H.P. Hodge asked Per. Keen if he had reported this to the Police? He stated that he had not because it did not worry him. Mr. Hodge stated that it worried him; also the Chief of Police and Lone Star Gas. Alderman Russell stated that it is of concern tc the duly elected body of the city, 'and it is of great importance. She stated that it is imperative that he reconstruct the dates of these threats, and report it to the ;police. Alderman Shearman stated that Yr. Keen. may not be concerned, but he is definitely concerned about these allegations. He would certainly hope that he can get with the Chief of Police and chat with him on these allegations. Mr. Keen had previously presented some informatics tc the Ccuncil . Alderman Shearman and others requested that copies be made for all members of the council , and for Mr. Liles, too. Mayor Pro tem Boston states; that he appreciated his appearance, and invited him back at the next council meeting. David Liles, Lone Star Gas Manager, stated that the allegations and charges made, as far as he knows, are unfounded and unjustified, and without merit. lie stated that if there is anything that they would want investigated he will see that they are responded to and prepared. Item Ila A proposed ordinance was presented waivirn the res:uiremerts of certain ordinances to allow tr:e sale of Meer and a public dance at the 4-N Barn. ORDINANCE NO. 26-83 ORDINANCE WAIVING ORDINAN'CE NO. 2,191 , AS AMENDED. AND AR.TICLF II OF CHAPTER 25 OF THE CODE OF ORDINANCES TO ALLON SALE OF FEER AND TEMPORARY OPERATION OF A PUBLIC DANCE HALL AT KAPPA ALPHA ORDER/FALLS DISTRIBUTING CO. 'S S?,RINGFEST 83 AT THE 4•-H, BARN ON MARCH 2f, 198 . Moved by Alderman Shearman that Ordinance No. 26-83 be passed. Motion seconded by Alderman Morris , and carried by the Jollowing dote. Ayes: Mayor Fro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None 104 Item I I b A proposed ordinance was presented waiving minimum building setback require- ments for Westside Baptist Church. ORDINANCE NO. 27-83 AN ORDINANCE WAIVING CERTAIN MINIMUM BUILDING SETBACK REQUIREMENTS ON A PROPOSED REPLAT OF LOTS 4-8, BLOCK 102, FLORAL HEIGHTS ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Shearman that Ordinance No. 27-83 be passed. Motion seconded by Alderman Morris, for the purpose of discussion. Alderman Morris stated that he hates to wear the black hat, but you try to be fair in a situation like this. There are some other problems of continually waiving ordinances, and where to stop doing this. The Traffic Department and Planning Commission voted to deny this waiver, and he finds it extremely hard to over-rule these two recommendations. Alderman Shearman stated that he had driven by Westside Baptist. It is a very slow street. He feels this would stymie their building program. The Council has waived ordinances for businesses, and he feels this is one time we could waive it for the glory of God. Jim McCurley, Minister of Westside Baptist Church, stated that they are having quite a bit of growth now, and they are making provision for parking. He feels this is in compliance with the neighborhood. They have been before the Planning Board; also, the Building Board of Adjustments and Appeals, who did agree with their appeal . They have nowhere else to go. They are constructing this building specifically for senior adults who cannot climb upstairs. This will keep them from building on a lot that they had planned to use for parking. They would appreciate the Council ' s consideration today. Alderman Morris asked if they have no other alternatives for building? Mr. McCurley stated that this would take care of only the present needs. Later they will have to build on to the back of their educational building. This is their need right now. They are projecting needing both of these spaces, and that they will be building another one in two or three years. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None Item 12a Discussion was held on a proposed resolution adopting a revised lease fee schedule for lots at Lake Arrowhead. Bill Hursh, Director of Parks and Recreation, explained the two options of a yearly escalating fee, and based on 10 percent of the current appraised value of the property. He stated that we are tied to the original leases, but on the lots which have not been leased, the new schedule would apply. RESOLUTION NO. 46-83 RESOLUTION ADOPTING A REVISED LEASE FEE SCHEDULE FOR LOTS AT LAKE ARROWHEAD AND REPEALING RESOLUTION NO. 678. WHEREAS, the Board of Aldermen of the City of Wichita Falls had adopted in 1967 a rate schedule for the leasing of lots at Lake Arrowhead; and, WHEREAS, said schedule adopted in 1967 fails to reflect the market value of the lot leases as a result of inflation and a rising cost of living; and, WHEREAS, the City of Wichita Falls desires to obtain a fair market value for the rental of its property on Lake Arrowhead. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 105 Item 12a, cort'd. Resolution No. 678, which established a fee schedule for the leasing of cabin sites, is hereby repealed. In place of the existing fee schedule, the annual fee for leasing a cabin lot site is established as ten percent of the appraised land value used by the Clay County Tax Assessor of the year in which the lease was executed. All building restrictions currently in effect will continue to be enforced. All construction must conform to similar construction within the City of Wichita Falls. Construction of a cabin or house must still be completed within two years after the water service is delivered to each lot. Trailer houses to be used as cabins must conform to those sections of Ordinance No. 2004 applying to trailer houses becoming prefabricated homes when vehicles are removed. Moved by Alderman Shearman that Resolution No. 46-83 be passed, based on 10 percent of the appraised value. Vbtion seconded by Alderman Russell . Alderman Morris asked what we do with the money derived from the lease of these lots? Acting City Manager Dane Bennett stated that it goes in the general fund. Alderman Morris asked could we not put it into a fund for use at Lake Arrowhead? Mr. Hursh stated that they have informally proposed this. Alderman Morris asked if this is in the Parks Plan because it is his recommendation? Mr. Hursh replied that if someone else made the recommendation, he agreed with it. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None Item 12b A proposed resolution was presented adopting the parks, recreation, and open space element as part of the City's comprehensive plan. Moved by Alderman Shearman that this matter be tabled. Motion seconded by Alderman Morris, and carried unanimously. Item 14e City Attorney H.P. Hodge stated that Michael Flavin objects to the term of "ward" system in the proposed charter revision, and wants it to be referred to as "single member districts" . Also, Jim King wants some changes in the wording of the ballot. It will cause some problems to do this at this time, as Mrs. Thomas will tell you. This item was posted, and he feels it would be proper to hear them. David Brock appeared for Michael Flavin, stating that he feels it would not be a change in the charter. He felt the wording should be different. He read a proposed wording. They want it to be clear-cut that it is a change to the charter. They do not agree with the term "ward system". They are not looking for political power, but equal representation. City Attorney H.P. Hodge stated that Michael Flavin had given him the exact language which he would like to see on the ballot. He read that language. Dr. Flavin also objected to the use of the term "ward system" . Mr. Hodge stated that the state law uses the term "wards" . Alderman Shearman asked what is the legal definition of ward? To him it denotes partisan politics. Mr. Hodge explained that the state law refers to "wards" in general law cities, by stating that each member shall be elected from a ward by the residents that live in that ward. It has nothing to do with politics, but a geographical area. Mr. Brock stated that Jesse Garcia had asked him for more information on bilingual requirements. 106 Alderman Morris stated that he thinks the language is very clear. Alderman Shearman does not think it is clear if you have to vote "no" on a single member district. The City Attorney read Proposition 10 as it will read on the ballot. Mr. Brock stated that there are a lot of people who are not familiar with politics. They do not understand it. He wants to make it clear to the people. Alderman Morris stated that it is very clear-cut, and this is the reason they are voting for it. The question is do you want it or not? Mr. Brock stated that they had a meeting last night at Southside. About 40 people attended. Alderman Morris asked if he invited the Council? Mr. Brock stated that Alderman Shearman was invited, and in attendance. Aldermen Morris , Russell , and Boston stated that they did not receive invitations. Alderman Shearman stated that he would like to hear Dr. Flavin's viewpoint on it. The City Attorney read the proposition. Dr. Flavin asked why "ward" was used instead of "single member districts"? He also questioned identity of the kind of ward system. The proposition states what kind of ward system is being proposed. Alderman Russell pointed out that Mr. Brock has consistently run for office using the term "ward system" , and now questions whether it will be confusing to the population. Mr. Brock stated that they will try to educate the voters on all ten of the propositions. They want it to be clear-cut when they try to explain what Number 10 is. He stated that he signed up a lot of voters in the NAACP last year. They want to try to make it as clear to new voters as possible. City Attorney H.P. Hodge stated that he had prepared an ordinance in the event they wanted to consider adopting it. Moved by Alderman Shearman that the proposed ordinance be adopted, changing the ballot title for Proposition No. 10. Motion seconded by Alderman Russell , and failed by the following vote. Ayes: Alderman Shearman and Russell Nays: Mayor Pro tem Boston and Alderman Morris J. K. King, 417 Willow Drive, addressed Propositions 6 and 7. He stated that something should be put in it to make it clear in the future that it would be written into the city charter that these two propositions would be superseded by state law. In future petitions it would be spelled out that they would only have to comply with state law if state law supersedes the charter. Alderman Morris asked if this is nothing but a clarification of what the state law is? The City Attorney agreed. Mr. Hodge stated that it is something that is entirely unnecessary because it is very clear in the Texas Constitution that no charter provision or ordinance or other action taken by the City Council shall be contrary to state law. Regardless of what the charter says about this, state law is going to prevail . Mr. Hodge mentioned several provisions in the state law for petitions, and they are all different, and the state law will prevail . Mr. King had expressed to Mr. Hodge that he knows it, the City Attorney knows it, and the City Clerk knows it, but somewhere along the line someone else may not know it. Mr. Hodge feels that it is a concern that is not significant. Mr. King stated that if it is spelled out in the charter, it will be there for everyone else to see in one section. ORDINANCE NO. 28-83 AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 23-83 TO CHANGE PROPOSITION NO. 6 AND PROPOSITION NO. 7 TO PROVIDE THAT IF THESE CHARTER SECTIONS CONFLICT WITH THE STATE LAW, THE STATE LAW SHALL PREVAIL. 107 Item 14e, cont'd. Moved by Alderman Russell that Ordinance No. 28-83 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Pro tem Boston, Aldermen Shearman, Russell , and Morris Nays: None Item 14c Acting City Manager Dane Bennett reported on the results of the voluntary utility contributions survey. He stated that they received 3,621 Yes; 4,662 No; 14,410 No Response; 22,693 Total . The committee met and decided that they would recommend the proposal recommended by other utility companies, and let people send in another check if they wanted to, and it would be turned over to another agency for distribution to pay water bills. Mr. Bennett expressed appreciation to the committee and council members ' participation. He stated that interest was not sufficient to use the round-off figure. It would cost the City quite a bit to do a computer program. Alderman Shearman noted that this will eliminate some of the City's cost. Moved by Alderman Shearman that the staff proceed with the recommendation made by the committee on the HUP program, to allow interested persons to write separate checks to help pay utility bills. Motion seconded by Alderman Russell , and carried unanimously. The Board of Aldermen adjourned at 10:35 A.M. PASSED AND APPROVED this oyu day of ���/ 1983. C Mayor ATTEST: P Wilma J. Thomas, CMC, City Clerk