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Min 06/07/1983 191 Wichita Falls, Texas Municipal Auditorium Building June 7, 1933 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson � Howard M. Morris Horace 0. Boston Dane Bennett Acting City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by Jim Rudd, Highland Heights Christian Church. Item 3 Moved by Councilman Harper that minutes of the meeting held May 17, 1983, be approved. Motion seconded by Councilman Morris, and carried unanimously. Item 4a - 9a Items 3b and 8c were moved to the regular agenda. Moved by Councilman Swift that the remaining items on the consent agenda be approved. Motion seconded by Councilman Morris. Item 4a Diane Campbell , an employee of the Data Processing Department was honored as Employee of the Month for June. Mayor Cook presented her with a plaque, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 69-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE TWENTY-FIVE (25) FOOT WIDE, UNPAVED, EAST-WEST AND NORTH-SOUTH ALLEYS IN BLOCK 241 , BEAN AND STONE RESURVEY OF BLOCKS 240 AND 241 , ORIGINAL TOWNSITE OF WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT IN THE EAST- WEST ALLEY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 70-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A FORTY (40) FOOT, UNPAVED STRIP OF LAND, ORIGINALLY DEDICATED AS RIGHT-OF-WAY, LOCATED SOUTH OF THE SOUTH BOUNDARY OF BLOCK D, KEMP'S WEST END ADDITION, WICHITA FALLS, TEXAS. 192 Item 5a; cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5b ORDINANCE NO. 67-83 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT OF LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND IS DESCRIBED IN THIS ORDINANCE. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6a RESOLUTION NO. 108-83 RESOLUTION ACCEPTING BID OF BOYD CURTIS, dba BOYD CURTIS CONSTRUCTION, FOR THE CONSTRUCTION OF A PARKING LOT AND PLAY AREA AT BELLEVUE PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of a parking lot and play area at Bellevue Park; and, WHEREAS, two bids were received, and it is found that the bid of Boyd Curtis, dba Boyd Curtis Construction, who bid a total of $24,994.00 for Alternate 1 , Item No. 2, Alternate to Item No. 1 , and Alternate to Alternate No. 1 , is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of Boyd Curtis, dba Boyd Curtis Construction, in the total amount of $24,994.00, is hereby accepted, and the City Manager is authorized to execute a contract with such contractor in that amount. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson,[ Morris, and Boston Nays: None Item 7a Authority was granted to advertise for bids on two mini-pumper grass trucks for the Fire Department. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8a Minutes of the meeting of the Planning Board held May 11 , 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9a Authority was granted to refund $4,721 .51 to Texas Pipeline Company for double assessment of ad valorem taxes. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 1 193 Item 8a Councilman Harper called to the attention of the Council the wording on the back of the page of the minutes of the meeting of the Board of Electrical Examiners, dealing with revision of electrical code concerning employment of master electricians. Moved by Councilman Harper that minutes of the meeting of the Board of Electrical Examiners held May 12, 1983, be received, and that the staff be directed to prepare a formal presentation of Article 3 for consideration. Motion seconded by Councilman Boston, and carried unanimously. Item 8c Councilman Harper mentioned the vendor's ordinance, stating that there doesn't seem to be any ordinances preventing food vending on the streets of Wichita Falls. Moved by Councilman Harper that minutes of the meeting of the Design Review Commission held May 19, 1983, be received. Motion seconded by Councilman Morris, and carried unanimously. Planning Director Roger McKinney stated that there is a prohibition of this type of vending in the fire zone. Councilman Harper asked if we could have an ordinance very soon to change this. Councilman Thomas also asked that the sidewalk laws be looked at. Mayor Cook requested that these- things be brought back to the Council in ordinance form at the first meeting in July. Item 1Oa The public hearing was opened on designation of the City of Wichita Falls as a blighted area. No one desired to be heard, and the hearing was closed. Item 10b A public hearing was opened on a proposed statement of community development objectives and proposed use of funds under the Jobs Bill appropriation. Councilman Harper mentioned the request of the Senior Citizens Center for funding in the amount of $75,000. Moved by Councilman Harper that street lighting in the amount of $67,000 be deleted, and add the Senior Citizens request of $75,000. i Motion seconded by Councilman Thomas. Councilman Wilson mentioned the CAC housing program and the Section 8 housing program, stating that he feels we can meet some of the problems under our current program. He would rather see this money going into the community a little faster, such as median improvements and a labor intensity item. He does not want to see the City get. into the landlord program. A significant reduction of the CAC housing program and the housing rehabilitation program would fund these. Angus Thompson, Executive Director of CAC, stated that the housing program fits in the intent of the jobs bill . It will create three new jobs. He feels it is a good way to use these funds in the Fast, North, and South sides of Wichita Falls. Many times the landaords are not able to maintain their properties in the low income areas. He hopes we can use this $75,000 for this program. Councilman Morris stated that he could envision 100 people out planting trees. He feels this was what was envisioned in this program, and Mr— Thompson talks about hiring three people. Mr. Thompson stated that they may add three jobs to make it six, but he feels this is about all they could do. He stated that they are spending about $10,000 on these houses. They presently have four employees that work on them. He stated that they work closely with Interfaith and they will continue to do so. 194 Item 10b, cont'd. Mayor Cook asked if they could relocate families out of the greenbelt area from sub-standard housing? Mr. Thompson stated that was one of their original proposals. City Attorney H.P. Hodge stated that the City would have to purchase the property in the greenbelt from the property owners. An amendment to the motion was made by Councilman Harper, and seconded by Councilman Morris, to include that we also re-address funding and work with CAC to relocate people out of the greenbelt so that this can also be accomplished in the jobs program. The amended motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 15a Elmer Parish appeared as attorney for Roy and Jimmy Parish, who owns the property where the Flea Market is located. He stated that he agrees mostly with Mr. Hodge's memo about what has happened to this property. It all began in 1963 when the City used it as a landfill . It was abandoned in 1964 as a landfill . He mentioned other landfills in the area. He stated that there is another landfill going in on 31st Street, right East of Holliday. There is a requirement of two feet of topsoil on top of a Sanitary landfill . In 1977 they thought the matter was settled. The City Council authorized the City Manager to enter into an agree- ment, which was signed on September 14, 1977. Mr. Parish stated that one of the things his heritage left him was that an honorable man always lives up to his agree- ments. It is their contention that the City of Wichita Falls has not lived up to this agreement, and he requests that the Council live up to this 1977 agreement. Elmer Parish stated that in 1964 the City paved the drainage easement on the West side of the property up to the edge of the property. They also dug a drainage ditch. Later on they dug a drainage ditch from Carrigan Street to the alley. Water runs down Carrigan Street on to the Parish property. A lawsuit was filed in 1980. On every issue the jury found that the City had failed to live up to their agree- ment in 1977. After the lawsuit, the City cleaned out the drainage ditch, and rather than put it back on the Parish property, they hauled it away. There are concrete blocks on it which will prevent mowing. It lowered the landfill in areas by five feet. They contend that the landfill is not covered by two feet of fill . They request that this be done, and remove the concrete blocks so that the land can be mowed so that they can conform to the weed mowing ordinance. He stated that it is a health problem as it is. He requested that this Council live up to the letter dated September 14, 1977, that was agreed to with the Parish brothers in settlement of this dispute. Gene Douglass appeared as attorney, speaking in behalf of Bob Gordon on Dodge Street. He stated that Mr. Gordon knows that this area was a low area with natural creeks in it. At the end of the period of time of the landfill the City complied with this obligation. Mr. Gordon spent many an evening walking across there. There was at least two feet of topsoil on it. They believe that Parish had others haul other fill in there, raising the land. In fact, there is a sign down there inviting people to haul in there. He mentioned that R. 0. Green and a Mr. Fowler have hauled in other things. Mr. Douglass asked why this kind of fill is being allowed, since a permit is required, without some kind of investigation on the filling of the floodways? It is the position of Mr. Gordon that the City has done everything they should have done; however, he believes that no further fill should be done. At the very most, he feels Alternative B should be followed. Nothing else should be done by the City regarding fill except to comply with the flood plain requirements. The fill of the flea market has risen in the past few years. Elmer Parish stated that Mr. Parish had informed him that there was never a sign put up there to haul in fill . He stated that he had never seen it as smooth as a golf course. He stated that the ordinance Mr. Douglass wants the City to enforce was passed fifteen years after this agreement. All they ask is that the City live up to their agreement in 1963. 195 Item 15a, cont'd. I Roy Parish stated that they went before the Water Resources Board, and asked if they could fill up the swimming pool . They did this according to the law. He stated that the who hauled in material msut have done it after midnight people 9 because they were not aware of it. He stated that he does not think they have violated any law. He stated that he would not knowingly hurt any man's property. Councilman Wilson asked how much fill was brought into his property since the City filled it? Roy Parish stated there were 80 loads of fill in the swimming pool . Elmer Parish stated that in the lawsuit the City testified that there was not more than six inches of topsoil on the landfill . Councilman Swift stated that the City should check into what he is doing about filling up the swimming pool . The thing that he is not able to resolve in his mind is how high that landfill should be. There is a possibility that he does have two feet of compacted earth on top of it. Roy Parish stated that they were also to go up four to five feet above Dodge Street. Councilman Swift did not know how high they were supposed to go. Is it two feet above what is already there? Councilman Boston asked if the City had inspected this? City Attorney H. P. Hodge stated not to his knowledge. Gene Shearman, 4207 Lake Park Drive, operates a TV and Appliance Service at 1608 Dodge. He stated that a.n agreement was made in 1963 with City Manager Jack Davis and Roy Parish to use the property as a landfill . A drainage ditch was concrete lined almost to Holliday Creek. Even when it did not flood in Colonial Park, it flooded on Dodge Street in 1979. This has continued to provide a hardship to the people around there. It is unsanitary. The people on Dodge Street ask that this property be. maintained in a sanitary condition. He was required by the City to make approaches to his parking lot. Photos taken last Tuesday were presented to the Council showing dirt which had been washed from Carrigan Street. He stated that there has not been a street sweeper on Dodge Street in 18 years. He stated that the license plate number of the vehicle dumping dirt at the end of Carrigan Street was given to the Planning Department. Councilman Morris asked Mr. Shearman if he has knowledge of other dirt recently in this area that has not gone into the swimming pool ? Mr. Shearman answered in the affirmative. He stated that there was a sign on Dodge Street at the South side stating that dirt and rock were wanted. Jim Parish, 1321 Montgomery Street, stated that he would like to straighten one thing out about R. 0. Green hauling dirt into this property. He gave Mr. Green permission to dump material where the flea market is now, and not where the landfill is. They did put up a sign inviting dirt and fill on the property where the flea market is, but not on the landfill . This ditch drains water from loth and Kemp. This property was flooded in 1942, long before the landfill was put in. Mr. Parish stated that he dumped the dirt there week before last to fill it and keep it from washing more. Moved by Councilman Morris that Option B be adopted, as follows: Put no more soil on the tract, but run a motor grader over it one more time to make sure that it is mowable; also, to pick up and haul off any chunks of concrete on the tract. The City will observe to make sure no other fill is dumped there. Thereafter, Parish Brothers would be expected to comply with all ordinances regarding the tract. Motion seconded by Councilman Harper. Councilman Harper suggested that the ordinance be expanded to include the flood plain. The City Attorney thinks it is that way now. Roger McKinney, Director of Planning, stated that there is no allowance of fill in the floodway. A permit is required, along with inspections, for the flood plain. Councilman Boston asked how soon this work would be accomplished? Mr. Bennett stated as soon as weather permits - about two weeks. Councilman Thomas asked about cleaning out the drainage ditch behind the property. He also asked about debris pulled out of the creek during the flood, which has not been removed. He requested that it be done at the same time. 196 Item 15a, cont'd. Acting City Manager Dane Bennett stated that they are cleaning these ditches where easements are available, and the City is accountable. He expressed concern about moving dirt, and causing it to wash any more. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Wilson, Morris, and Boston Nays: Councilman Swift City Attorney H. P. Hodge stated that he had wanted to put the matter of permits, etc. on hold until the matter is resolved. If anyone is remiss, it is him, and not the Planning Department. Item lla A proposed ordinance was presented amending the industrial waste discharge ordinance. ORDINANCE NO. 71-83 AN ORDINANCE REGULATING 'THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SANITARY SEWERAGE SYSTEM AND THE STORM DRAINAGE SYSTEM OF THE CITY OF WICHITA FALLS, AMENDING SECTION 1 OF ORDINANCE NO. 2727, WHICH IS CODIFIED AS SECTION 32-121 OF THE CODE OF ORDINANCES; DEFINING TERMS; REGULATING DISCHARGES OF CERTAIN SUBSTANCES INTO THE WASTEWATER TREATMENT PLANT SYSTEM; PROVIDING LIMITATIONS ON WASTEWATER STRENGTH; PROVIDING FOR ABNORMAL SEWAGE SURCHARGES; REQUIRING PERMITS FOR INDUSTRIAL DISCHARGERS; PROVIDING FOR PERMIT FEES; PROVIDING REPORTING REQUIREMENTS; PROVIDING FOR SUSPENSION AND DISCONNECTION OF, SERVICE AND REVOCATION OF PERMIT; PROVIDING FOR PENALTIES; REPEALING SECTION 6 OF ORDINANCE NO. 2727, CODIFIED AS SECTION 32-124 OF THE CODE OF ORDINANCES. Moved by Councilman Thomas that Ordinance No. 71-83 be passed, changing the word "initial " to "annual " under Paragraph 6a of the ordinance. Motion seconded by Councilman Morris. Councilman Harper asked about basing fees on the number of employees. Dr. Lanie Benson explained that there are several options on basing the fee. They opted to base it on the number of employees the business has. It .is based on the amount of water used and discharged into the system. He felt like the EPA officials would lean toward the method they chose because it is simple. The method can be changed in the future if they so desire. Further discussion was held on the fee, and whether this would be applicable to the municipality if they desire to discharge into the system by building an addition. Councilman Harper stated that he does not see that a $25.00 permit would pay for the monthly inspections. Councilman Wilson suggested that we monitor the cost of administering and testing, and charge accordingly. City Manager Dane Bennett suggested that a monitoring fee be adopted, separate from the annual permit fee. Councilman Harper suggested that the people who use the service pay for it. Mayor Cook stated that once the data is collected, they may want to change the fee structure under new accounting procedures and capabilities. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 197 Item llb ORDINANCE NO. 72-83 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY OF WICF�ITA FALLS, TO INCREASE THE NUMBER OF FIREFIGHTERS BY SIX, THE NUMBER OF FIRE EQUIPMENT OPERATORS BY THREE, AND THE NUMBER OF FIRE LIEUTENANTS BY THREE. Moved by Ccuncilman Harper that Ordinance No. 72-83 be passed. Motion seconded by Councilman Boston, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris , and Boston Nays: None Item llc Discussion was held on a proposed ordinance designating one regular council meeting for June, July, and August, at 8:30 A.M. i ORDINANCE NO. 73-83 ORDINANCE DESIGNATING THE REGULAR MEETING TIMES OF THE CITY COUNCIL FOR THE MONTHS OF JUNE, JULY, AND AUGUST, 1983. Moved by Councilman Boston that Ordinance No. 73-83 be passed. Motion seconded by Councilman Harper, and failed by the following vote. Ayes: Councilmen Harper and Boston Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, and Morris. Mcved by Councilman Thomas that Ordinance No. 73-83 be passed, setting one regular meeting for June, July, and August at 8:30 A.M. for June, and at 7:00 P.M. for, July and August. Motion seconded ty Councilman Morris, and carried by the following vote. Ayes : Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Morris Nays: Councilman Boston Item 12a A proposed resolution was presented designating the entire City of Wichita Falls as a blighted area. A motion was made by Councilman Wilson for passage of the resolution; however, it died for lack of a second. Moved by Councilman Thomas that this matter be tabled for further study. Motion seconded by Councilman Boston. Councilman Wilson asked what additional information is needed in order to make a decision? Councilman Thomas stated that some question had come up about residences being in the blighted area. The motion was carried by the ;following vote. Ayes: Mayor Cook, Councilmen. Swift, Thomas, Harper, Morris, and Boston Nays: Councilmen Wilson Item 12b A proposed resolution was presented authorizing a contract for architectural services relating to stabilization of the Route Building and Littlest Skyscraper. 198 Item 12b, cont'd. RESOLUTION NO. 109-83 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BUNDY, YOUNG AND SIMS WHEREAS, the Mayor's Task Force on Revitalization/Preservation of Historic Resources has recommended that certain historic structures owned by the City of Wichita Falls be stabilized; and, WHEREAS, Community Development Block Grant funds have been allocated for historic preservation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute a contract with Bundy, Young & Sims for architectural services relating to stabilization of the Littlest Skyscraper and Route Building. The cost of these services shall be based on an hourly rate of $40.00 and shall not exceed $20,000.00 or be less than $15,000.00. Moved by Councilman Morris that Resolution No. 109-83 be passed. Motion seconded by Councilman Harper. Councilman Morris stated that he does not know how we can expect someone to make an investment in this property if we do not take care of what we own. He feels it is time the City complete a project which has been on hold for five years. Councilman Thomas suggested that we might also complete the parking lot for the farmers market. The Task Force on Revitalization will address this problem. Councilman Wilson stated that he would feel a lot more comfortable donating these buildings to a private developer. He stated that he is opposed to CAC being a landlord, and also to the City being a landlord. The only thing we should retain would be a facade easement. Councilman Harper and Thomas agreed. Councilman Morris stated that it is our fault that the property is in the condition that it is now. David Brock stated that the Food Bank considered these buildings, but they had deteriorated to the point that they cannot be used. Private funding sources will not address this until it is stabilized. Councilman Wilson asked what kind of vehicle was given to stabilize it, but Mr. Brock did not know. They could not get any private support for the building. Gayla Morris appeared as Vice-Chairman of the Design Review Commission. In the past, previous Councils gave their support for revitalization. One of the things they did was purchase these buildings. They also established a historic district, and authorized the Design Review Commission to oversee the outside appearance of these buildings. Among other things, the tornado and flood have delayed these projects. National attention has been paid to the Route Building on the National Register of Historic Places. The Littlest Skyscraper is also well known, and a unique historic building. Mrs. Morris stated that the Task Force represents many elements of the community. If we could begin here, and if these buildings are put in decent condition, it will attract private investors to this area. They ask this strictly from the economic feasibility that is here. It means an expanded tax base and tax dollars. They are not asking for nostalgic reasons. The Task Force requests that the Council consider this revitalization. Nancy Sherrill , 2003 Avondale, spoke for the Goals for Wichita Falls program. The City funded the program initially. It represents the best thinking of a large number of citizens of Wichita Falls. She requested that they expend this money to salvage these two buildings. Vernodene Huckaby appeared as President of the Wichita County Heritage Society. They applaud the City of Wichita Falls for the first steps in the historic district. She urges that the City expend the money already allocated for the restoration of these two old buildings. They offer possibilities for historic preservation. Mike Marks appeared as a member of the Mayor' s Task Force. They gave a lot of thought in saying to the Council what they feel should be taken care of. They should take care of the outside facade. He requested that the Council expend the money to revitalize these buildings. He stated that there had been some thought to wait for a new city manager. 199 Item 12b, cont'd. Councilman Thomas asked if there are plans for other property in this area? Mr. Marks stated that there will be private dollars spent in the Holt Hotel area very soon. Parking is what is holding up the hotel area. City Manager Dane Bennett noted that this matter had been placed in the hands of the Task Force, and had nothing to do with the current city manager not looking into it. J. C. Boyd, Jr. , Executive Director of Midtown Now, recommended stabilization of these buildings. He believes that the Littlest Skyscraper will bring people into the historic district. Councilman, Wilson agreed with Mr. Marks, stating that the importance is to preserve the facade of these buildings. How we do it dollarwise is something we must address. Councilman Harper also mentioned brick streets, which should be saved. This might be something the Task Force could address. Mayor Cook noted that the Task Force is working to bring about some of these improvements. The motion for passage of Resolution 109-83 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12c RESOLUTION NO. 110-83 RESOLUTION AUTHORIZING GRANT APPLICATION TO TEXAS CRIMINAL JUSTICE COUNCIL FOR POLICE COMMUNITY SERVICES OFFICER PROGRAM. WHEREAS, the Police Department performs a "Close Property Check" Program which involves periodic police patrol checks of residential property upon request while owners are out of town for extended periods, and the manpower requirements to provide this service reduces the number of police officers available for call during the peak period of enforcement activity; and, WHEREAS, funds are available through the Texas Criminal Justice Council to fund certain crime prevention programs on a fifty-fifty matching ratio, and the creation of a Police Community Services Officer Program in the Police Department wound qualify for funding under Criminal Justice Council guidelines. This program would involve the employment of part-time civilians to perform this activity during the peak demand hours, which would free commissioned police officers to respond to reported -offenses and would increase the number of . residential property checks; and, WHEREAS, -the estimated cost� for this project for one year would be $23,754.00, of which $11 ,877.00 will be provided by the state grant and $11 ,877.00 by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to make an application to the Texas Criminal Justice Council for a grant in the amount of $11 ,877.00 for this project, and to execute the grant agreement for the City of Wichita Falls. Moved .by Councilman Harper that Resolution No. 110-83 be passed. Motion seconded by Councilman Boston, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12d was deleted. 200 Item 12e A proposed resolution was presented approving a contract for collection of delinquent utility accounts. City Attorney H. P. Hodge noted that certain changes in wording in the resolution, and also the contract, needed to be ,made. References to the "Utility Collections Division" were changed to "City of Wichita Falls", and delinquent accounts shall be determined by the "Legal Department" , as opposed .to "City" . The word "utility" was also stricken from the heading of the resolution. RESOLUTION NO. 111-83 RESOLUTION APPROVING CONTRACT WITH CHILTON CORPORATION, ACTING THROUGH ITS DIVISION, CHILTON ACCOUNTS RECEIVABLE MANAGEMENT, FOR COLLECTION OF DELINQUENT ACCOUNTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichtia Falls and Chilton Corporation, acting through its division, Chilton Accounts Receivable Management, for collection of delinquent accounts of the City of Wichita Falls, is hereby approved, and the City Manager is authorized to exeucte the same for the City of Wichita Falls. Moved by Councilman Morris that Resolution No. 111-83 be passed. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 12f A proposed resolution was presented requiring that at least 70 percent of construction worker hours be performed by residents of the metropolitan statistical area. RESOLUTION NO. 112-83 RESOLUTION REQUIRING THAT AT LEAST 70 PERCENT OF WORKER HOURS OF CONSTRUCTION PROJECTS BE PERFORMED BY BONA FIDE RESIDENTS OF THE WICHITA FALLS STANDARD METROPOLITAN STATISTICAL AREA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: On any construction project funded in whole or in part by City funds, or funds which, in accordance with a federal grant or otherwise, the City expends or adminis- ters, and to which the City is a signatory to the construction contract, at least 70 percent of the worker hours on a craft-by-craft basis shall be performed by bona fide residents of the Wichita Falls Standard Metropolitan Statistical Area and in accordance with the contract documents. An exception to this policy may be granted by the City Council , in any case where it is proven to the satisfaction of the City Council that there are not sufficient resident workers available in a particular project. Moved by Councilman Harper that Resolution No. 112-83 be passed. Motion seconded by Councilman Morris. Councilman Harper noted that we will be plowing the ground in Texas on this matter, and it would help us to be a model city. City Attorney H. P. Hodge stated that he has some concern about this, but there has been no Attorney General' s opinion or litigation on this. It will be something that we will have to address at that time. Dick Manahan, Assistant Director of Public Utilities, stated that they have had a time getting bidders to come in on their jobs. We have one local utility contractor. He is not sure that all the capability lies here to do these projects. i 201 Item 12f, cont'd. Councilman Harper stated that all they have to do is come to the Council and prove to them that there is a problem. Councilman Wilson stated that he would hope that the department head would make them aware of this before the contract is bid. He would expect him to come to the Council and tell them beforehand. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 13a A proposed resolution was presented awarding the bid for labor and materials for irrigation construction in Hamilton and Edgemere Parks. RESOLUTION NO. 113-83 RESOLUTION ACCEPTING BID OF BOYD CURTIS, dba BOYD CURTIS CONSTRUCTION, FOR CONSTRUCTION AND INSTALLATION OF IRRIGATION SYSTEMS FOR HAMILTON AND EDGEMERE PARKS. WHEREAS, the City of Wichita Falls has advertised for bids for construction and installation of irrigation systems for Hamilton and Edgemere Parks; and, WHEREAS, four bids were received, and it is found that Boyd Curtis, dba Boyd Curtis Construction, who bid a total of $26,033.00, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Boyd Curtis, dba Boyd Curtis Construction, in the total amount of $26,033.00, is hereby accepted, and the City Manager is authorized to execute a contract with such contractor in that amount. Moved by Councilman Thomas that Resolution No. 113-83 be passed. Motion seconded by Councilman Swift. Bill Hursh, Director of Parks and Recreation, mentioned letters from Mr. Webb and Mr. Holt regarding sublease of this work. They also mentioned five years experience. They did not feel it was proper for them to provide a financial statement when their competitiors, who were not bidding, might get some privileged information. Councilman Harper stated that the City needs to know the financial condition of these bidders. Mr. Curtis is not a licensed irrigator, but he will secure the services of a licensed irrigator with five years experience. Councilman Harper stated that Boyd Curtis Construction is not a normal bidder on irrigation systems, and that he does not meet the reouirements. He stated that Mr. Werner, Mr. Hodge, or Mr. Bennett should look at a financial statement, but he did not have any intention of making it public. A financial statement should show the capabilities of doing this work. He would need to have two months working capital of his own so he can pay their bills. Boyd Curtis stated that you can' t get a bond unless you have the capital . He commended the Council for being tough, and considerate of the people in Wichita Falls. He stated that he could do this job. He has three people who have over five years experience that can do this job. He knows a plumber who can get the permit for this job. He stated that competition is the cause of this disturbance. He requested that the bid be awarded to him. Mayor Cook explained to Mr. Hursh that the Council would be looking to him for proper execution of this construction. 202 Item 13a, cont'd. Fred Werner, Chief Accounting Officer, stated that he is waiting for an interpretation of financial statement requirements. Councilman Thomas felt that operating capital for a certain length of time would be what they should look at. The Council asked Mr. Werner for his recommendation in the broadest sense that would provide the data to provide an acceptable standard to make a determination. The motion for passage of Resolution No. 113-83 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 14a Permission was requested to advertise for bids for transfer trailers for the transfer station. Moved by Councilman Boston that authority be granted to advertise for bids for transfer trailers, as requested. Motion seconded by Councilman Swift. Councilman Thomas asked why these trailers are just now being ordered? City Manager Dane Bennett stated that he did not know because it was back when someone else was responsible for this. We have three, and we need at least four for operation. The motion was carried unanimously. Item 15b Guidance was requested from the Council on future sales of sewage services to other entities. Councilman Harper stated that we have had some conversations on this, and before we can address the Lakeside City situation we need to address a position that we would have on that which would include any future entity that would come in to secure sewage service. We would sell sewage treatment to any entity who requests it when all costs are paid by that entity. The costs would be determined each year by the City. The system would conform to subdivision regulations and annexation. He suggested that the staff write a resolution of broad policy for sewage service sales to all entities. The burden would be placed on the petitioners, and would be renewable annually. Mutually advantageous would be defined in the contract. Councilman Harper felt this would be when enough taxes had been collected to pay for it. Mayor Cook noted that Councilmen Harper, Morris, and Swift have been a committee of the Council working with Lakeside City. He suggested that they meet with the City staff to come up with a resolution of policy statement. Councilman Thomas believes this is a good movement on the part of the Council to maintain good relations with our neighbors. Councilman Harper stated that along these general broad lines they would work with Lakeside City. The Council is in agreement with a broad policy, but they would go ahead and draft a policy. Item 15c Councilman Harper asked who owns McGrath Creek? Also, they are working on priority items, and will have a report soon. Councilman Swift mentioned accidents on McNiel Street, from Kell to the Seymour Highway. He requested some kind of control device. Mr. Bennett stated they would look at it under the procedures we have. He also mentioned a drainage ditch behind the Hursh Addition. Something needs to be done about it. Mr. Bennett stated that it is in the bond program, and needs to be designed. He stated that they would look at it. Councilman Thomas wondered if we could spray a week killer in these dirt drainage ditches? 203 Item 15c, cont'd. Y Councilman Harper mentioned contracting for mowing of medians. It was noted that we may be able to save half of our costs by doing this. Bill Hursh stated that they proposed a pilot project to see what our costs would be. They do have some insurance problems to work out. He feels they may have the broad project worked out by mid-July. Items 15d, e The City Council recessed at 11 :45 A.M. into executive session pursuant to Article 6252-17, Paragraph (g), of the Revised Civil Statutes. The meeting reconvened at 12:40 P.M. Moved by Councilman Morris that the following be appointed to the Building Board of Adjustments and Appeals, from June 7, 1983 to June 7, 1985. a. Dick Bundy - reappointed b. Gary Childs - reappointed c. Charles A. Peters, III Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Morris that the following be reappointed to the Board of Electrical Examiners from June 7, 1983 to June 7, 1985. a. Robert Buckbee b. Bill Rowland c. Tommy McCullough d. Ben Shelton Motion seconded by Councilman Boston, and carried unanimously. Moved by Councilman Morris that Arthur Bea Williams be appointed to the Human Relations Commission from June 7, 1983 to December 31 , 1983. (replacing Dr. A. Om Prakash) Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Morris that Charles Brown and Lewis Fugett be re-appointed to the Plumbing Advisory Board from June 7, 1983 to June 7, 1985. Motion seconded by Councilman Wilson, and carried unanimously. The City Council adjourned at 12:45 P.M. PASSED AND APPROVED this day of 1983. a D. ok, Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk