Min 06/21/1983 204
Wichita Falls, Texas
Memorial Auditorium Building
June 21 , 1983
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
Charles Thomas
Charles Harper
Craig A. Wilson Councilmen
Howard M. Morris
Horace 0. Boston
Thomas E. Swift Absent
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 Edwin W. Stock, Jr. , First Presbyterian Church.
- - - - - - - - - -
Item 3
Moved by Councilman Thomas that minutes of the meeting held June 7, 1983,
be approved.
Motion seconded by Councilman Harper, and carried unanimously.
Councilman Harper again asked who owns McGrath Creek? City Manager Dane
Bennett stated that he will get that information today.
- - - - - - - - - -
Items 4a - 7a
Items 4a, 4c, 4d, and 5b were moved to the regular agenda.
Moved by Councilman Harper that the remaining items on the consent agenda
be approved.
Motion seconded by Councilman Boston.
Item 4b
ORDINANCE NO. 74-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A TWENTY
(20) FOOT WIDE NORTH-SOUTH ALLEY IN BLOCK I , HAVEN PARK ADDITION, AN
ADDITION TO THE CITY OF WICHITA FALLS, TEXAS.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, M6rris, and Boston
Nays: None
ORDINANCE NO. 75-83
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THE SIXTY (60) FOOT WIDE
EASEMENT LYING IN A PORTION OF KEMP BOULEVARD CLOSED BY ORDINANCE 1616
BETWEEN BLOCK "J" , KEMP'S FAIR PARK ADDITION AND BLOCK "0" , KEMP AND
KELL ADDITION.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
205
Item 5a
RESOLUTION NO. 114-83
RESOLUTION APPROVING AND AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE
A CONTRACT FOR ENGINEERING SERVICES AT KIWANIS PARK WITH BIGGS & MATHEWS,
INC.
WHEREAS, funds have been allocated for the construction of new roadways and
parking lots at Kiwanis Park, and it is deemed advisable to employ the firm of
Biggs & Mathews, Inc. , to provide certain engineering services concerning this
project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
An agreement with Biggs & Mathews, Inc. , to provide certain engineering
services, consisting of preparation of engineering plans and field site layout,
and preparation of contract specifications and plans complete for bidding, in
connection with the construction of such roadways and parking lots at Kiwanis
Park for a fee not to exceed $5,725.00, is approved, and the Acting City Manager
is authorized to execute with such firm a contract on a form approved by the
City Attorney.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item 6a
Minutes of the meeting of the Building Board of Adjustments and Appeals held
May 19, 1983, were received.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
Item 6b
Minutes of the meeting of the Planning Board held June 8, 1983, were received.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
Item 7a
A tax refund was approved in the amount of $2,489.40 to Lobi ' s Supermarket,
as lessee on the property. The owner has been billed.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item 4a
A proposed ordinance was presented to restore the full readiness-to-serve
charge throughout the year for yard sprinklers.
Jerry Gross, Acting Director of Public Utilities, explained that the readiness-
to-serve charge recognizes the demand that that particular meter places on the
utility system. This was part of the rate study by Joe Nall . Yard sprinkler
meters were exempted during the months of November, December, January, and February
if no water passed through those meters. This readiness-to-serve charge is placed
against these meters to help offset the cost of operating the plant. There is a
continuing operation and maintenance demand on the system. He requests that
Ordinance No. 20-82 be repealed, and restore the full readiness-to-serve charge.
The reason for a separate meter is that a sewer charge is not assessed on it.
There was an $8,000. reduced revenue charge on these meters during the four months
last year.
206
Item 4a, cont'd.
Mr. Gross stated that the sewer charge is based on the amount of water used.
The maximum sewer charge is $10.50 per month.
Mayor Cook asked what a homeowner with a sprinkler system would pay if he
had this meter? Mr. Gross stated that it is based on the size of the meter, and
we are only talking about one-half of this amount during these four months. It
does not make that much difference on individual homeowners, but it does make
quite a difference collectively for the City.
Councilman Boston stated that he seemed to remember that certain residents
felt there was a difference of several hundred dollars. City Manager Dane Bennett
and Mr. Gross explained that this was a fire service charge, which has been
discontinued.
ORDINANCE NO. 76-83
ORDINANCE TO REPEAL ORDINANCE 20-82 AND THEREBY RESTORE THE FULL
READINESS-TO-SERVE CHARGE FOR YARD SPRINKLERS THROUGHOUT THE YEAR.
Moved by Councilman Morris that Ordinance No. 76-83 be passed.
Motion seconded by Councilman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Wilson, Morris, and Boston
Nays: Councilmen Harper and Thomas
- - - - - - - - - -
Item 4c
A proposed ordinance was presented appropriating funds for making repairs
at the Jasper Street water treatment plant.
ORDINANCE NO. 77-83
AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO
ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Councilman Harper, for discussion, that Ordinance No. 7/7-83 be
passed.
Motion seconded by Councilman Boston.
Councilman Harper stated that he would like to see this go out on a bid
basis for a contract, and not keep coming back for a few dollars at various times.
City Manager Dane Bennett stated that we have the money for these items
because of money left over from a contract with the base.
lerry Gross, Acting Director of Pullic ,ltilities, stated that if costs are
over $5,000 we have to go out for bids. He stated that he intended to handle
these three items separately, and not as a package.
Councilman Harper stated that he would hope that before we do this work we
will know how much it will cost us. He does not want to start work on it with
some kind of open-end contracts. Mr. Gross stated that he would go with three
separate items. If each is below $5,000 we can handle it without a contract and
bid.
Councilman Thomas mentioned roof repairs, stating that perhaps we should see
how much this will cost. He has no information in his packet that states how
much it will cost, and he does not understand it. He asked if the chemical
damage is an emergency?
Mr. Bennett explained that the Council can look at each individual item if
they choose. Mr. Gross stated that the chemical damage is not an emergency. If
the Council approves this item he will have the roof repaired.
City Attorney H.P. Hodge stated that Councilman Thomas had raised a very
interesting question regarding how much money can be spent without coming to the
Council . If it is more than $5,000, a bid has to be let. If it is below $5,000,
it is less clear, but he has been of the opinion if it is less than $5,000 it
would seem to be a greater expense of the Council 's time that they approve every
207
Item 4c, cont'd.
small item. He would like to prepare an ordinance, after the new city manager
gets here, where they actually spell out how appropriated funds can be spent for
contracts under a certain money limit. He would also like the Council to consider
at the same time, the law requiring competitive bidding over $5,000. Also, the
governing body can allow the City Manager to approve change orders up to $15,000.
This is something we might consider at the same time.
Councilman Harper stated that he wants a closed-end contract before we start.
Mr. Gross explained that it would be.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
— — — — — — — — — —
Item 4d
A proposed ordinance was presented watving certaiin,,,ordinanc-es ,:for ,.a �siid,�ewdlk
sale in downtown Wichita Falls.
ORDINANCE NO. 78-83
ORDINANCE GRANTING WAIVER OF SECTIONS 8-2 AND 27-5 OF THE CODE OF
ORDINANCES ON JUNE 25, 1983 FOR THE SIDEWALK SALE IN DOWNTOWN WICHITA FALLS.
Moved by Councilman Harper that Ordinance No. 78-83 be passed.
Motion seconded by Councilman Thomas.
Councilman Harper stated that this is a waiver of an ordinance that we are
talking about changing permanently. He is hoping that we have a permanent change
in the process.
City Attorney H.P. Hodge stated that he and Mr. Bob Parker have been looking
into this. Mr. Parker stated that it should be on the July 5 council meeting.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
Councilman Boston asked if they would be purchasing liability insurance?
Councilman Thomas asked if we would be liable if someone hurt themselves on the
sidewalks? City Attorney H.P. Hodge explained the law in this regard. If someone
is injured they sometimes sue the City, and we have to prove that we have main-
tained the sidewalks properly. If merchants have merchandise on the sidewalks,
we would want those merchants to indemnify us. We would feel more comfortable,
if someone is hurt, that they would have some type of insurance.
Moved by Councilman Wilson that a section be added to the ordinance that
they will furnish the City evidence of insurance prior to June 25, 1983.
Motion seconded by Councilman Boston, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
— — — — — — — — — —
Item 5b
Discussion was held on a resolution approving a letter agreement between the
City of Wichita Falls and James P. Berzina.
Mayor Cook explained that Item 8 on the letter agreement had been omitted
concerning notification of termination by the Council . The letter agreement
should state that a minimum of 90 days notice, or severance pay, will be provided
if terminated by the Council .
Also, in Number 5 of the agreement, it should state, only the City will pay
all realtor fees which you incur in selling your home in Joplin.
208
Item 5b, cont'd.
RESOLUTION NO. 115-83
RESOLUTION APPROVING LETTER AGREE14ENT WITH JAMES P. BERZINA
CONCERNING THE CONSIDERATION FOR HIS ACCEPTING APPOINTMENT AS
CITY MANAGER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain letter agreement, a copy of which is attached hereto, between
the City of Wichita Falls and James P. Berzina, concerning the consideration for
his accepting appointment as City Manager for the City of Wichita Falls, is
hereby approved, and the Mayor is authorized to execute the same for the City of
Wichita Falls.
Moved by Councilman Thomas that Resolution No. 115-83 be passed, with the
enumerated changes in the letter agreement.
Motion seconded by Councilman Harper, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item 3a
Mrs. Donna Brown requested another appearance before the Council for
reconsideration of a taxicab chauffeur's license.
Councilman Thomas noted that the Council had asked her to get a recommen-
dation from her parole officer. He stated that he sees no further action but to
deny it if he will not give her a letter of recommendation. Mayor Cook stated
that a letter was requested, and none had been received.
Donna Brown was not present.
Moved by Councilman Thomas that the request for the taxicab chauffeur's
permit be denied, upholding the recommendations of the Chief of Police and
City Manager.
Motion seconded by Councilman Harper and carried unanimously.
- - - - - - - - - -
Item 9a
ORDINANCE NO. 79-83
ORDINANCE AMENDING PARAGRAPH (B) OF SECTION 14-20 OF THE CODE OF
ORDINANCES, TO PROVIDE THAT THE PERMIT PRIVILEGES OF A MASTER
ELECTRICIAN SHALL BE SUSPENDED WHEN HE WORKS FOR A DIFFERENT
ELECTRICAL CONTRACTOR.
Moved by Councilman Harper that Ordinance No. 79-83 be passed.
Motion seconded by Councilman Morris, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item 9b
A proposed ordinance was presented to prohibit the keeping of hogs or pigs
within the City.
ORDINANCE NO. 80-83
ORDINANCE AMENDING ORDINANCE; NO. 3070, TO PROHIBIT THE KEEPING OF
HOGS, OR PIGS, WITHIN THE CITY.
Moved by Councilman Wilson that Ordinance No. 80-83 be passed.
Motion seconded by Councilman Morris.
209
Item 9b, cont'd-.
V.R. Welty, River Road, stated that he has raised hogs out there 30 years.
He stated that there is a law that when a city takes in an area they will take
it as it is, and what is there at that time is grandfathered. He also stated
that they are supposed to have a sewer line down there, and that some of the
area was placed in the city limits, and then taken out.
Director of Planning Roger McKinney stated that there was a petition in
1976 by the owners for disannexation. Most of the owners wanted services rather
than disannexation. The ordinance was passed allowing hogs, rather than dis-
annexing them.
Jack Blair, 1634 Harding, stated that they have tried to get water out there.
He had been to the Health Department.
Mayor Cook stated that the problem seems to be pertaining to health.
Mr. Blair stated that the whole East side needs to be cleaned up. Mayor Cook
explained that the landfill is being properly covered up. The water treatment
plant facility could possible be creating some of the smell .
Councilman Thomas stated that he thought that if the water were turned on
out there it could create a contaminated water supply for the whole city if it
backed up in the system by a hole coming into it. We cannot take a chance of
polluting the water for the rest of the city.
Mr. Blair stated that if the hogs were moved back 50 feet there would not
be a problem. He showed the Council some pictures taken on the East side, and
also some health department reports.
Dr. Lanie Benson, Health Director, stated that he is guessing that this
information is on tests run on the water in the river, and has -nothing to do with
water in the lines.
Councilman Wilson asked if the Number one problem was contamination of our
water in the entire system? Dr. Benson stated that there are a multitude of
problems and violations, and that is one of them.
Councilman Wilson mentioned various problems, including the risk of the water
system, contamination of the river, code enforcement, weeds, flies, mosquito
breeding, etc. Dr. Benson stated that they have had problems in getting corrections
done in the past. We get to a presentation of charges in the legal system. The
parties will pay a fine, and charges will be dropped. We are faced with a situation
where we have to start over.
Dr. Benson further stated that violations are widespread. There are only a
few property owners. Most of the people who raise hogs out there are leasing the
land. He stated that the prohibition of raising hogs out there will take care of
a major problem. The whole area is in the floodway, and susceptible to contamination.
City Attorney H.P. Hodge explained that Article I, Section 16, of the State
Constitution has been construed to mean that an ordinance is retroactive if it
takes away vested property rights acquired under pre-existing laws. The keeping
of hogs would not be a vested property right. If hog pens were an investment a
person might have some argument. Eliminating a nuisance, however, would not be a
violation of the constitutional provision. He does not feel it would apply in this
case. He believes these conditions would fit the definition of a nuisance.
Mr. Blair stated that very few people out there own the land. Four families
live out there, and he owns the rest of the houses. His hogs are 100 feet from
anybody, and they are on his own property. No water stands on his land.
Dr. Benson stated that the responsible party in any violation is the property
owner. There are only a few property owners out there. The one who owns the most
property will get the most complaints.
Mayor Cook asked if we could levy fines on a daily basis until the property
has been cleared? Dr. Benson stated in some cases, yes. Councilman Wilson
stated that he feels this is the case, but it is not practical , and after several
months of going through the system they end up with only one fine.
I ,,, done al A they
the C-Ounc t is not something
Cou
t he feels h the COu
cont \,dge stated tha thrOU9 t as Much
Item 9b, filed, then going Id cost �us n.nce
di
1,ttornej ."t is it wou of any Or f the
City If a compla, A . raise hogs Ot th I nV. nation 0
U. Cann
can do- .1 can Contro properA Y . bt. I—oul d be a COntaml
COUXICI d that to t rig It w do
the state t to do I - I yi ng
BensOfx effOr - hog raising )A e who are ta "ing
Dr. and ed -in . ". are run can
investment5 vAolat . OpAnio "Ogs d so she
time.) not been in his d that these peON �hey
that ha supply, state live there- move
, s water Bo)� 453, those who e hogs be beA 119s* she moved
City Route 4, pref el s that th d of human
It -is bard for ahea s there wben
Dews 9 - rats- She t be p aced no hog pen do,
�-Ucy there I were they
t live Out are also Should no �here d
no and there "ogs lied replie,oes not
and sewer. clea She . d
I oo se-) bog pen areai Blair j1hey
t water the loose in ber lAr- water
ge 11 not Yeep run t there. inated
wi contam
there in 1967 . asYed I f bogs i S hauled Ou
Ihomas Garbage do not want 11
Councilma raise hogs- town- �hey the property
does not *ves An A bead Of vlog
"e A' . me. they bougl 300-4()o . 1962.
he there- their own ho that b-ad t there I n state(
but S stated Someone moved Ou She s f or
live Out and own riie) pens- scent-
AAve there ISOIR �IArs. Cha bog d hogs. She hog spray
I ots near the -,j'se t be any 0, but she
RobAf be al SO I - would 110 they d
Eugenia 7-1/2 s there then ded. do no
She Owns there. pens ,\,4 and fAOO 1hey
A955. d Out the hog Every been hogs. JbE
she Toveld C.1 ean t smell - . never feed.
when I e wOu do no She ba that he hasved for
If peoP bog pens fie- stating corn As sa
that her nd puts out limestO "aley,\Aheat and -is fence. d rat!
flAes-) a OYe for R io. f j)� Up In tAone
aMY sp . s sometimes ( use to She me . 9 f the
Bell Road- ise . d(
�-aura Attie P19 planned to on River and 'has ra living,
t but wbich he bogs hildren, ,, her and
get 0 1 . Vs pens,
as tol ell d that she raises d 10 C She 'NOr the hog
wood She ha tal .
�Aall. state t Store- Aa \AOs?1 will clean UP
JAarY I.-Ind1arge s at Bethan t she was pass
and weeds be She worv,She stated tha Odwance t be had
I.
rai SAM hogs* a CbeCY- In 9,6 when the tated tha what haP'
waAt for V\Odge S
not chance. �Oad- "-p . not address 1hey ha
for another River �ttorney could Ce 1970- As motbel
lives On city d hat he sin h
s Dews contacted. state , d property so has
�ra\ji m were COOV, owne rds.
e of the Of it. JAaYor t ho has rough .the ya
stated tha - th 1976. out there
nOIR jectio" Dews .th bogs running ed bacY in flies f the bo
recOl tAr- "tact and Some 0
" 197 6. , battA e w*' been co rats' S.
1�ought the should have there are t water. hog
they d that le abou s not raise
feels e)(plaine d to peoP jAe doe water On
. Contreras tal Ye clean. the
f ralM - \Ae has yeep them turning the City
a fence but Most holdup On hazard to ibe POs
building filthy, that the ld be .a .a i
e it \40 in that area bacterl
are very stat d f the
jAOrr1s to,d them the bogs use 0
councilman has . IR Of
,th Department inat'O inated beca
f the contam contan, to hi
the \Aea)ecause 0 ter could be difference
Valls I that the \,Na -t does not maYe any
e)0sts - that *1 Yee it clean. move
the A ne stated and p renters
Contreras bacV., at her
jAr- they move them j that she wOuld see th IP
bogs if stateo! reras. IS or 19 years*.
Rob"fson ront
from lAr River Road been try'"
jArs- have IMOV ed-
,00 feet lived on �hey d be
bacY Childs has roblem. hogs shoul
ye been a P The r
a 'have t there. -Ontro
hogs been Ou t have any t thE
b :In Out there, . that we do "0 syed tha
ee since they have ."ted Out tAr- Childs a
ever omas Pol w V, out.
r ing to 0
_Ouncilman Th
whi ch we are try
now, dvantage Of the people
the a
The motion was carried by
Ayes. the following
Nays:' Mayor COOk3
None COunc i I Merl Vote.
Item 9 Thomass Harper
Wi7son3 Morris 3
requi Prop and Boston
Osed ordinance
reMe n t s i
n Edgec was Presented
"ff Estates. granting a waiver
ORDINANCE ORDINANCE for Median cut
ALLOW CO GRANTING WA No. 87 8
EASEMENT NSTRUCTION IVER OF ORDINANCE No - 3
IN BLOC OF A MEDIAN . 2384 SEC
MO ve d KS I AND 2, CUT ON HOMEW4 RD WA y
by Councilman Mo EDGECLIFF ESTATES. TION I AND 2
Mot . rris FOR ACCESS , To
7on seconded by Counc
for discuss ion,
con tr COunc i 7 i7man that Ordinance N
actor Tan Thomas.
W777 Thomas con 0' 87-83 be
Pay the en f i rMed fr Passed.
Th e mo tire cost OM Bob Parker,
tion was carri.ed by Of this. Tra f f-
Ayes. May the 7c Director, that the
Nays:* Or Cook, COunc i following
None Iman Vote.
?m 70a Thom'S3 Harper.,
i7son., Morr
�n Discuss ion 7S.9 and Bo ston
tities was held On a
outside the gener
A MO t ion City 7im,tSa7 Policy
ge Of the was Made by for Provis 7on
Servir, Iresol COunc i I m of Utility sery ices
? 110t, ce" to .,It Ution an Morris
utili .9 and
er than indivty w1th A7tern sec
sery ices,# ative onded by
idua7 3 No. 2
Vor C Owners t, �nd th COun
h Ook e 3 and a Ci7Man H
this f�Ord 11 an, nging , arPer f
Irst any,, Water Or
Could ? Para and de7etior
ese PeqU7rernents, I IS 0,,Cha
�Sked if 7n the to
the not add Jer Would be a Problem graph.
rate of ress this rY- G 3 ng the
�Ond C 7 W7th t 7nd7
'nue the ross , Acting D fo r -
�at expense? tizens Out furth 7rec Vidual Owners to
Of Mr. Of W7chi er stud,. or of p Ublic
'S Part Gross t a Fa 7 7 s He Uti7it - Comply
tha 7es, stated
Cook Councilman Thomas t the Pay
r noted th the revenue bonstated that *th stated
d costs.
askedy if the
7nney 7ng urban they Pay doub the y
at you are P romo t
er
)f P7anning �Ogl PY do When
�t this serV7ce. /VC/< stated that 7e
7man Wilson Sprawl
Someone nooutsid, the city.
the rates . Pointed t contiguous
) run 7n line. Out that
for Studies for . Mr. Gro if doub7 - to the city
Ss St 7ng the ra te -
another C7ty 7 nd i vidua 7s ated that 7S
Son stat or it not enough
Co ed t Subd - Council Would b
unc i 7Man hat 7
the Inec ViS7on man /ja r
same arper han - , We e in admi . ' we
H 7sMS Per stated th n7 strati
Ou stated t 'For !t for an - a f WE? ve
. 711di Vid a
at h 7d controlling addit t
)Use rea sons S could do
a t irne. apply to hat Sewer
f S e a 7 u 7.
,asked i Wer. so has 70na 7
n We ar- not, to be taken M?ters are
C7ty wat - a Subd 7nto
h request er no going to set iv'Sion
ma t ter will
'riter ' b ZI aside th
could wher Ile cont -
? they are 7o 7gUOUS
,a 0 handled 7ndiv id cated2 rule
'OPert �hich they review
I y d7v7ded into He fefu7asl 7 and allow
t i me. is e Y. COun
S'ubd i Mr. t4cl<. C 7/87an Wilson
v ions so there needs 7nney stated t
uggested that t will to be ha t
keep them Some
ci7man Morris this be tabled, from coming
that this and indi Vidua7
matter be table Owners be looked at.
d for 'further stud..
212
Item 10a, cont'd.
Motion seconded by Councilman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item 10b
RESOLUTION NO. 116-83
RESOLUTION TERMINATING CONTRACT WITH JON BROTHERTON, TENNIS PROFESSIONAL
AT WEEKS PARK TENNIS CENTER, AND APPROVING AND AUTHORIZING THE ACTING
CITY MANAGER TO SIGN AN ANNUAL CONTRACT FOR THE NEW TENNIS PROFESSIONAL.
WHEREAS, Jon Brotherton, Tennis Professional at Weeks Park Tennis Center,
has asked that he be released from his contractual obligations so that he might
accept employment elsewhere, and this is agreeable with the City Council .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Jon Brotherton is hereby released from his contractual obligations under
his contract with the City dated November 1 , 1982; further, that certain contract,
a copy of which is attached hereto, between the City and Jayne Lynds, for employ-
ment as Tennis Professional at Weeks Park Tennis Center, for a period of one
year, commencing June 21 , 1983, is hereby approved, and the Acting City Manager
is authorized to execute such contract for the City of Wichita Falls.
Moved by Councilman Wilson that Resolution No. 116-83 be passed.
Motion seconded by Councilman Morris, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
Councilman Morris asked why the salary was lowered from $750.00 to $725.00?
Parks Director Bill Hursh stated that this is common practice. It gives them
something to look forward to.
Glenn Jamison introduced Jayne Lynds, who will be the new Pro at Weeks
Tennis Center.
- - - - - - - - - -
Item 10c
RESOLUTION NO. 117-83
A RESOLUTION APPROVING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT
OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE JOBS BILL (PL 98-8) .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
A Final Statement of Community Development Objectives and Projected Use of
Funds for additional Community Development Block Grant Funds under the Jobs
Bill is hereby approved, and the City Manager is authorized and directed to
complete and file the Statement for such grant with the Department of Housing
and Urban Development. The City Manager is further authorized to execute any
necessary documents requested to carry out and complete such grant. The
Statement shall include a completed OMB Standard Form 424 and copies of certifi-
cations as specified by the Department of Housing and Urban Development.
Moved by Councilman Boston that Resolution No. 117-83 be passed.
Motion seconded by Councilman Harper.
David Brock asked how many persons would be employed? Roger McKinney stated
9 persons by Park Department. Also, some contracted services will be used.
Bill Hursh stated that it could be kept to 13 depending on the projects. The
park use would be free, except for payment of electricity.
213
Item 10c, cont'd.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item 1Od
A proposed resolution was presented suspending the operation of a proposed
rate increase by Texas Electric.
RESOLUTION NO. 118-83
WHEREAS, Texas Electric Service Company did, on June 9, 1983, file a schedule
of rates for electric service within the City of Wichita Falls, Texas, to become
effective July 14, 1983; and,
WHEREAS, it is the opinion of the City Council of the City of Wichita Falls
that such schedule of rates should be denied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Pursuant to Section 43 of the Public Utility Regulatory Act, the operation
of the Texas Electric Service Company's proposed rate schedules filed with the
City of Wichita Falls on June 9, 1983, is hereby denied, and the rates in force
when the proposed rate schedules were filed shall continue in force.
Moved by Councilman Thomas that the rate increase request be denied
completely.
Motion seconded by Councilman Morris.
Councilman Thomas stated that it still goes to the Public Utility Commission
either way. It will save expense from the people.
City Attorney H.P. Hodge recommended that they not take this action for
several reasons. The Council 's authority to pass on rate schedules also gives
them the responsibility to look at it. Texas Electric filed five volumes of this
request. As a regulatory agency, the City has the responsibility to do something
when the request is made.
The second reason he would hate to see them do this is that regulation of
utility rates should be kept as close to home as possible. Electric utilities
is placed solely on the cities, with appellate authority in the Public Utility
Commission.
As a practical matter, what Mr. Thomas has said is correct. If the Council
does this, it abdicates the right to regulate it. Some utility companies have
requested that it go straight to the Public Utility Commission, and this authority
be taken from the cities. We will be a lot better off if we can keep the right
to regulate on a local basis.
Councilman Thomas stated that it would be kept on a local basis because he
moved that we deny their request.
Mr. Hodge statE,d that unless we take no part in this proceeding at all , he
does not think we will save any hassle. Whether we deny the request, or postpone
the request, we will still go through the same expense because he would still
recommend that the City of Wichita Falls participate with other cities in the
ratemaking process. Any reasonable expenses are reimbursed by the utility
company, and in turn the ratepayer pays it.
Councilman Thomas stated that when the Public Utility Commission rules on
it we have to live with it. Mr. Hodge agreed, unless we want to go to Court.
He feels if a City has the responsibility and authority to regulate rates, we
should not just out-and-out deny it.
It- also sets..a precedent that some day the. legislature would say that City
Council-s are- not-concerned, and, they would take it away from them.
214
item 10d, cont'd.
Jack Redding, Texas Electric Manager, stated that in the past it was suspended
for 120 days, and then it goes to the Public Utility Commission. Some cities
are denying it.
Councilman Harper asked about reimbursed fees to the City last time?
Mr. Redding did not know what the figures were, but it was probably $100,000 or
so, which the customer pays. Mr. Hodge stated that he feels the benefits innure
to the customer. He would still want the City to participate in the hearings.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, and Morris
Nays: Councilmen Wilson and Boston
- - - - - - - - - -
Item lla
RESOLUTION NO. 119-83
RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS TO LUCY
PARK IN PHASE I OF THE WICHITA RIVER GREENBELT PROJECT TO ZACK BURKETT
COMPANY.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of improvements to Lucy Park in Phase I of the Wichita River Greenbelt Project; and,
WHEREAS, four bids were received, and it is found that Zack Burkett Company,
who bid a total of $366,628.25 for the base bid and Alternates No. 2 through No. 6,
is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Zack Burkett Company in the amount of $366,628.25 for the base
bid and Alternates No. 2 through No. 6 is hereby accepted, and the City Manager
is authorized to execute for the City of Wichita Falls a contract with Zack
Burkett Company for the construction of such improvements.
Moved by Councilman Harper that Resolution No. 119-83 be passed.
Motion seconded by Councilman Morris, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item 12a
RESOLUTION NO. 120-83
RESOLUTION APPROVING CHANGE ORDER #1 , 1983 COMMUNITY DEVELOPMENT BLOCK
GRANT REPLACEMENT OF UTILITY LINES.
WHEREAS, the City of Wichita Falls and Panhandle Construction Company, .as
Contractor, entered into a contract in January, 1983, wherein said Contractor
agreed to construct the 1983 Community Development Block Grant Replacement of
Utility Lines; and,
WHEREAS, Change Order #1 , for extra work and delays, in the amount of
$7,011 .00, has been submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WICHITA FALLS, TEXAS,
THAT:
Change Order #1 , in the amount of $7,011 .00, is approved and the City
Manager is authorized to execute same for the City of Wichita Falls.
Moved by Councilman Morris that Resolution No. 120-83 be passed.
Motion seconded by Councilman Boston.
215
Item 12a, cont'd.
Councilman Morris asked if wet taps were on the bid list? Jerry Gross stated
that they were not, but they would be installing them. It was not moved forward.
Councilman Thomas wondered if it would be less expensive if we had authorized the
contractor to get the extra parts? Councilman Harper stated that we should correct
the problems of the city crews not getting out there on time.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
Item l0e
RESOLUTION NO. 121-83
RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT DATED DECEMBER 7, 1981
WITH GH-FOSTER CATHEAD COMPANY, INC. CONCERNING NON-ANNEXATION OF PROPERTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain First Amendment, a copy of which is attached hereto, between
the City and GH-Foster Cathead Company, Inc. , concerning non-annexation of certain
property belonging to such Company, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
Moved by Councilman Thomas that Resolution No. 121-83 be passed.
Motion seconded by Councilman Harper, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Thomas, Harper, Wilson, Morris, and Boston
Nays: None
- - - - - - - - - -
There was no business under Item 13a.
- - - - - - - - - -
Item 13b
The City Council recessed at 11 :05 A.M. for an executive session pursuant
to Article 6252-17, Paragraphs (e) and (g) of the Revised Civil Statutes. The
meeting reconvened at 1 :00 P.M.
The City Council adjourned at 1 :01 P.M.
PASSED AND APPROVED this day of 1983.
C Mayor
ATTEST:
XI
Wilma J. Thomas, CMC, City Clerk
FIRST AMENDMENT TO CONTRACT WITH
GH-FOSTER CATHEAD COMPANY, INC .
This First Amendment made and entered into this the 21st day
of Junef 1983, by and between the City of Wichita Falls, Texas,
hereinafter called "City" and GH-Foster Cathead Company, Inc . ,
hereinafter called "Company",
WITNESSETH:
WHEREAS, City and Company entered into a contract dated
December 7 , 1981, concerning the continuation of the extraterritorial
status of certain property belonging to Company, and the parties
desire to make a first amendment to such contract .
NOW, THEREFORE, for and in consideration of the mutual covenants
herein contained , the parties hereto do hereby agree as follows :
1 . Paragraph 5 of said contract is hereby amended to read
as follows :
"5 . City will furnish fire protection service to Company on
Subject Property, but will not furnish police protection service . "
2 . Paragraph 8 of said contract is hereby amended to read
as follows:
"8 . Company will pay to City for the year 1982 and for each
succeeding year thereafter during this contract, as payment in
lieu of taxes, an amount in cash equal to 25 percent of that amount
that its normal city taxes would have been that year had it been
in the city limits . Each annual payment shall be made between
October 15 and December 31 of each year; the first such payment in
lieu of taxes shall be payable between October 15 and December 31
of 1982 . In computing the amount that their taxes would be each
year during this contract, the following rules shall be applied:
a. The appraised value of the land, the buildings and
other improvements and the machinery, equipment and other personal
property, shall be determined in the same manner as other items of
this type in the City are appraised .
1A
b . The appraised value of the inventory shall be
determined in the same manner that the inventory of other firms
in the City are appraised .
C . Each year the current assessment ration established
by the City Council shall be applied to the appraised value in order
to obtain the assessed value; the then current tax rate as established
by the City Council shall be applied to the assessed value to obtain
the amount that the taxes would have been that year had the property
been located within the city limits . The payment in lieu of taxes
shall be 25 percent of the amount so computed . "
3 . Paragraph 9 of said contract is hereby deleted.
IN WITNESS WHEREOF, the parties hereto have caused this
amendment to be executed by their duly authorized officers as of
the day and year first set out above .
CITY OF WICHITA FALLS
By:
Dane J . Bennett, Acting
City Manager
ATTEST:
City Clerk
GH-FOSTER CATHEAD COMPANY, INC .
/H -. R_ C,'r1spin, Senior Vice-
Prez,". dent
ATTEST:
rS Lec r e"t(a r y
0 In
0 Gn
z
LLj
0
z L,
0 W
z to
z
< 0 L)
Er N —
(D v
C)
lc�
QL
0
W CP
LC re oot 'ef ov
-.p,x
cr M
cn
p -L w
U-
-----------
U) <
_j
< 0
LO —J LLJ
0
a- C15 LL- X ko,of
0
Qz
LAJ C13
Z 'kt -vi
ui t4i
0
_j (D
m 0 Q�
ui w 9z
co U;
c4
(n
0
,j
to
Page 3 of 4 Pages
0--woo
Ch Agenda Item NO.
STATE OF TEXAS 'TS :
I -�%Oloi A.LL �IEN 3Y �',JESE ?RESEN
COUNTY OF WICHITA
This agreement made and entered into this the 21st d a v o f
June 1983 , bv and between the Citv of Wichita Falls , Texas ,
a municipal corporation, hereinafter called "Ciltv" , acting herein by and
through its City Manager , and Jayne _Lynds hereinafter
called "Tennis Pro" .
14ITNESSETH :
For and in consideration of the mutual covenants hereinafter con-
tained , the parties hereto do hereby agree as follows :
I .
City does hereby employ Jayne Lynds as a tennis
professional at the Weeks Tennis Center . City does hereby
lease to Tennis Pro the tennis pro shop located at the Weeks
Tennis Center , for a period of one year , commencing June 21 91
1983 , and thereafter on a month-to-month basis .
Ii.
Tennis Pro shall be considered a contract employee of City and his
salary shall be $725. 00 per month. It is expressly agreed and under-
stood by Tennis Pro and City the Tennis Pro is an independent contractor
and shall not be eligible for any fringe benefits to which regular City
employees are entitled.
Tennis Pro shall be in charge of and responsible for the operation
of Weeks Tennis Center. He shall perform all duties and
responsibilities as are required of him by the laws of the State of Texas ,
the ordinances of City , the current Tennis Policies of the Parks and
Recreation Department of City , and the directions of the Recreation Super-
intendent of the Parks and Recreation Department of City. A copy of the
current Tennis Policies of the Parks and Recreation Department is attached
hereto and made a part hereof as is copied in full herein.
IV.
Tennis Pro shall collect for City all daily court fees , annual permit
fees , and tournament fees for play at the Weeks Tennis Center.
All daily court fees , annual permit fees , and tournament fees shall be
kept in a cash register provided therefor. Tennis Pro shall keep an
accurate account of all daily court fees , annual permit fees , and
tournament fees collected , and shall deposit the �;ame with the Parks and
Recreation Department at its office in the �Iemorial Auditorium Building
on Mondays of each week without ex(-ei)t I-:)T -
V.
Tennis Pro shall have the right to give tennis lessons at
Weeks Tennis Center and City shall receive 51". of the lesson
fee plus a court fee from the person taking the lesson.
VI .
Tennis Pro shall also account to City for the revenues which he
receives from the sale of merchandise, for racquet stringing and con-
cessions sold through his pro shop located at Weeks — Tennis
Center. City shall receive 5% of the revenues from the sale of merchan-
dise, racquet stringing and concessions sold by Tennis Pro through the
pro shop at Weeks Tennis Center.
VII.
Tennis Pro shall keep accurate and correct books on the operation
of his business and such books shall be open for inspection by City or
any person designated by it.
VIII.
Tennis Pro shall take good care of the personal property and real
property hereby leased to him and he will deliver the property back to
City at the expiration or the termination of this lease in the same
condition as same was received , natural wear and tear excepted .
Ix.
Tennis Pro shall make no alterations in the building hereby leased
without the written consent of the Director of Parks and Recreation of
City.
X.
It is understood and agreed that the City Manager of the City may
at any time cancel this contract after giving 30 days notice in writing
of cancellation because of violations of laws , ordinances , or rules ,
regulations or directions concerning the operation of the Tennis Center
at Weeks Park , or the agreements constituting the lease
of the tennis pro shop at the Weeks Tennis Center ; in the
event of such cancellation, City shall have the right , without further
notice or demand , to re-enter and take possession of all the property
-2-
herein leased and remove all persons therefrom without being liable for
any claim for damages by reason of such cancellation and resumption of
is so caiicelled during the term
possession. ' In the event said contract
hereof , City shall guarantee the sale of , or at its option may purchase
from Tennis Pro , any usable equipment and merchandise that lie might have
and use in his operation under this conLract (except for tennis equipment)
which he shows has been fully paid for by him at the cost price of same ,
less depreciation.
XI .
Tennis Pro shall hold City harmless for any damages or injury to
persons or property caused by or arising out of Tennis Pro ' s operation
of the Weeks Tennis Center . Tennis Pro further agrees to
provide City with a certificate of insurance attesting to the ownership
of a general liability insurance policy , with City named as an additional
insured , protecting Tennis Pro and City from legal liability claims which
might arise out of Tennis Pro ' s operation of this concession, to include
bodily injury liability insurance in the amount of not less than one
hundred thousand ($loo, 000. 00) dollars per person and three hundred
thousand ($300, 000- 00) dollars per occurrence and property damage
liability insurance in the amount of not less than fifty thousand
($50, 000- 00) dollars per occurrence. Fire and theft coverage for property
belonging to Tennis Pro shall be the sole responsibility of Tennis Pro .
XII .
Tennis Pro shall provide proper supervision at Weeks Tennis
Center during a.11 open hours in accordance with the Tennis Policies .
XIII.
This contract and agreement , when signed and effective, cancels ,
abrogates , and renders a nullity all previous contracts and agreements
between the parties heretofore entered into concerning the employment
of contractor .
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be signed as of the day and year first written above.
ATTEST : CITY OF WICHITA FALLS , TEXAS
BY :
City Clerk Dane J. Bennett, Acting City
Manager
Approved as to form:
City Attorney Tennis Pro
CRY of
WICHITA FALLS
1300 7th Street P.O. B.. 1431 817-322-5611 Wichita Falls,Texas 76307
BOARD OF ALDERMEN
June 21, 1983
Mr . James P . Berzina
Joplin, Missouri
Dear Mr. Berzina:
This letter agreement sets out the consideration which the
City of Wichita Falls agrees to pay you for your acceptance of
appointment as City Manager for the City o-Lr 1%lichita Falls . Such
consideration is as follows :
1 . Annual salary of $62 , 000 .00
2 . $350 .00 per month as a car allowance in lieu of furnishing
a car.
3 . The City will pay all your relocation expense, including
moving of household goods and personal effects to Wichita Falls;
in addition , the City will pay for the storage of such household
goods and personal effects for a maximum period of 90 days .
4 . The City will pay all the closing costs on the purchase
of a house by you in Wichita Falls .
5 . The City will pay all realtor fees which you incur
in selling your home in Joplin .
6 . You will be credited with having earned five vacation
days and ten sick leave days as of the first day of your employment.
7 . The City Council will be open to discuss with you at a
future date the matter of deferred compensation.
8 . In the event of your termination, y ou will be given ninety
days notice , or will be paid severance pay in lieu thereof .
Mr . James Berzina
June 21, 1983
Page 2
If this letter agreement correctly reflects our agreement,
please sign and return the enclosed copy to me. We are looking
forward to your arrival in Wichita Falls, and your assuming of
the duties of City Manager.
Sincerely yours,
The City of Wichita Falls
By:
Gary D. Cook, Mayor
Accepted:
James P . Berzina
GDC/lt
Enclosure