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Min 09/06/1983 252 Wichita Falls, Texas Memorial Auditorium Building September 6, 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 Thomas E. Swift Charles Thomas Charles Harper Craig A. Wilson Councilmen Howard M. Morris Horace 0. Boston James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer - - - - - - - - - - The invocation was given by Leslie McGalliard, Fafth Village Church of Christ. - - - - - - - - - - Item 3 Moved by Councilman Thomas that minutes of the meetings held August 2, 10, and 25, 1983, be approved. Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - Item 4a Ruth Nelson, an employee of the Health Department, was honored as employee of the month for September. Mayor Cook presented her with a plaque and two tickets each to a theatre and dinner. - - - - - - - - - - Items 5a - 10e Items 5c, 6c, 7b, 8b, 8c, and 8e were moved to the regular agenda. Moved by Councilman Boston that the remaining items on the consent agenda be approved. Motion seconded by Councilman Swift. Item 5a ORDINANCE NO. 97-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A TWENTY (20) FOOT WIDE ALLEY IN THE CANFIELD'S SUBDIVISION OF BLOCK 263, WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 98-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A FIFTEEN (15) FOOT WIDE UTILITY EASEMENT IN LOT 2, BLOCK 21 , MIDWESTERN PARK, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 253 Item 5b ORDINANCE NO. 99-83 AN ORDINANCE WAIVING SECTION 9 (L) (1 ) OF APPENDIX A OF THE CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) , CITY OF WICHITA FALLS, TEXAS, FOR LOTS 4-A & 5-A, BLOCK B, WEST INDIAN HEIGHTS ADDITION. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None ORDINANCE NO. 100-83 AN ORDINANCE WAIVING SECTION 9 (L) (1 ) OF APPENDIX A OF THE CODE OF ORDINANCES (COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118) , CITY OF WICHITA FALLS, TEXAS, FOR LOTS 11-A & 11-B, BLOCK 118, WESTMORELAND PARK & ADJACENT PROPERTIES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 5d ORDINANCE NO. 101 -83 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6a RESOLUTION NO. 147-83 RESOLUTION SETTING FEES FOR CODE OF ORDINANCES AND CITY CHARTER. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6b RESOLUTION NO. 148-83 RESOLUTION APPROVING THE HIRING OF THE FIRM OF CORLETT, PROBST & BOYD, INC. , CONSULTING ENGINEERS, FOR THE DESIGN OF PUMPING EQUIPMENT, STORAGE TANK CONTROLS AND YARD PIPING AT THE NORTH BEVERLY PUMP STATION. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6d RESOLUTION NO. 149-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BIGGS AND MATHEWS, INC. , FOR PROFESSIONAL SERVICES ON SANITARY SEWER MAINS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6e RESOLUTION NO. 150-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLE- MENTAL AGREEMENT NO. 3 WITH THE NATIONAL WEATHER SERVICE. 254 Item 6e, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6f RESOLUTION NO. 151 -83 RESOLUTION APPROVING A TEN FOOT EASEMENT FOR TEXAS ELECTRIC SERVICE FOR UNDERGROUND ELECTRIC SERVICE TO NORTHSIDE FIRE STATION NO. 9. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item 6g RESOLUTION NO. 152-83 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT CONTRACT WITH SIEMENS-ALLIS, INC. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6h RESOLUTION NO. 153-83 RESOLUTION CALLING PUBLIC HEARINGS ON THE 1983-1984 CITY BUDGET AND THE 1983-1984 FEDERAL REVENUE SHARING BUDGET. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 6i RESOLUTION NO. 154-83 RESOLUTION APPROVING AND AUTHORIZING THE PURCHASE FROM THE STATE OF TEXAS OF 50,000 SQUARE FEET OF LAND ON SIBLEY STREET, BETTER KNOWN AS THE LONE STAR GAS PROPERTY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 7a The bid for an asphalt patcher machine was awarded to Cessco Sales and Rentals in the amount of $10,412.50. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 8a RESOLUTION NO. 155-83 RESOLUTION APPROVING CHANGE ORDER NO. 3 TO CONTRACT WITH ELECTRA CONSTRUCTION CO, FOR NORTHSIIE FIRE STATION NO. 1, 101 AN ADDITIONAL $1 ,535.65. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None 255 Item 8d RESOLUTION NO. 156-83 RESOLUTION APPROVING CHANGE ORDER #2, 1983 COMMUNITY DEVELOPMENT BLOCK GRANT REPLACEMENT OF UTILITY LINES. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9a Authority was granted to advertise for bids for drainage improvements on Southwinds, Brenda Hursh, and Plum Creek. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 9b Authority was granted to advertise for bids for installation of water line to provide an automatic irrigation system at Weeks Park Golf Course. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10a Minutes of the meeting of the Design Review Commission held July 21 , 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays : None Item lOb Minutes of the meeting of the Park Board held June 23, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10c Minutes of the meeting of the Mechanical Board of Adjustments and Appeals held July 28, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item 10d Minutes of the meeting of the Traffic Commission held August 9, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Item l0e Minutes of the meeting of the Planning Board held August 10, 1983, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - 256 Item 5c A proposed ordinance was presented amending the Plumbing Code. ORDINANCE NO. 102-83 ORDINANCE AMENDING SUBSECTION 103.4 OF THE PLUMBING CODE OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Councilman Harper, for discussion, that Ordinance No. 102-83 be passed. Motion seconded by Councilman Swift. Councilman Harper noted that it might be difficult to get a plumber in fifteen days, and he suggested that Section (b) be changed to 30 days. The motion with the change was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 6c Discussion was held on a proposed resolution authorizing execution of contracts with the Texas Highway Department. Councilman Harper felt that only the City Manager should be authorized to execute the contracts; not the Director of Public Works. Councilman Swift believes that the Council should review them before they are executed. Some have gotten out of hand. Acting Director of Public Utilities Jerry Gross feels this would be beneficial in the interim between Council meetings. He stated that they are routine, but binding on the City. Councilman Wilson believes it would be more cumbersome if we keep this authority. City Manager James Berzina stated that he views this as operational type contracts, and not as new contracts with a large expenditure of money. He believes these operational kinds should be allowed to be signed in the interim. He does not want to be the sole signer of construction contracts. Councilman Swift stated that Mr. Berzina 's explanation will assure him that it will be satisfactory. RESOLUTION NO. 157-83 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND AGREEMENTS WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. Moved by Councilman Harper that Resolution No. 157-83 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 7b A lengthy discussion was held on award of bid for construction of a boat launching facility at Lake Arrowhead. Councilman Thomas did not see a need for additional parking at this time, but it would be inaccessible without a road going to it. 257 Item 7b, Cont'd. City Manager James Berzina stated that bids came in over available funds, and it is an effort on our part to make it affordable for the City, and the Park Depart- ment is taking on the burden of putting in the road. Councilman Thomas stated that he could not vote for this without the road. Councilman Wilson suggested that we delete the parking, and go with the base bid and the road. Mayor Cook asked if we have the money? Fred Werner, Chief Accounting Officer, stated that he would have someone to look at the terminal . Later during the meeting Mr. Werner stated that there is $18,693, which is not enough money in the Parks account to do the ramp, parking, and road, which would cost $28,800. The State would fund up to $16,000. Mayor Cook noted that the total project would be funded by the State up to 70 percent. The City's cost would be $12,800. Mr. Hursh stated that the State will not fund anything over a $23,000 project. Councilman Wilson asked if we do both the ramp and road would the State participate 70-30? Mr. Hursh stated that he does not think they will pay anything on the road. Councilman Harper noted that $16,000 is the most they will contribute. RESOLUTION NO. 161-83 RESOLUTION ACCEPTING BID OF BOYD CURTIS CONSTRUCTION FOR CONSTRUCTION OF BOAT RAMP, PARKING LOT, AND ROAD AT DEER CREEK PARK, LAKE ARROWHEAD. Moved by Councilman Harper that Resolution No. 161-83 be passed, awarding the base bid and Alternates 1 and 3 to Boyd Curtis in the amount of $28,800, with funding through a State grant. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Morris, and Boston Nays: None - - - - - - - - - - Item 8b Discussion was held on a proposed resolution approving a change order on the Central Services Complex. Councilman Thomas asked if most of the beams were in. Traffic Director Bob Parker stated that they were. He stated that this would have been a part of the overall cost of the project had the drawings been accurate. They were not accurate. Councilman Thomas does not know why we are just now seeing this. The reinforcements are in the ground. Councilman Wilson asked about the architect's responsibility? Mr. Parker stated that on a case like this, the footing would not have been up to strength of the Code had the reinforced rod not been installed. Mayor Cook asked him to check the agreement with the architect. Councilman Thomas asked why they are taking dirt away from the footings? Mr. Parker explained that they are digging this out to put in footings for the tilt walls. They are just moving dirt around. Councilman Morris suggested that he check with the contractor for responsibility. RESOLUTION NO. 158-83 RESOLUTION APPROVING CHANGE ORDER 3 WITH C.I . OF TEXAS FOR CONSTRUCTION OF CENTRAL SERVICES COMPLEX. Moved by Councilman Thomas that Resolution No. 158-83 be passed, approving only Change Order No. 3. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - 258 Item 8c A proposed resolution was presented approving Change Order No. 1 to the sanitary sewer improvements, Southwest Wichita Falls contract. RESOLUTION NO. 159-83 RESOLUTION APPROVING CHANGE ORDER NO. 1 , SANITARY SEWER IMPROVEMENTS, SOUTHWEST WICHITA FALLS. Moved by Councilman Thomas, for discussion, that Resolution No. 159-83 be passed. Motion seconded by Councilman Morris. Councilman Thomas questioned the expense involved. City Manager James Berzina stated that it appears on this that we had no choice, although he does not like lift stations. Jerry Gross stated that Gene Probst has joined in the recommendation that this be changed to a lift station. We had already had someone injured out there, and it is the matter of personal safety to people, and a matter of danger to the water line. The line was designed by Gene Probst for that depth. Councilman Thomas asked what would be the additional cost to shore it up instead of having a lift station? Dick Manahan estimated another $75,000 to $100,000. Councilman Harper stated that he had something in there for shoring it up in the first place. They were written into the specifications originally. Acting Director of Public Utilities Jerry Gross stated that the lift station has already been built. The Council asked Mr. Berzina if he knew about this, and Jerry Gross stated that Mr. Berzina did not know. Mr. Gross took responsibility for it. Councilman Thomas stated that there is no need to argue about it if it is already done. vote.The motion for passage of Resolution No. 159-83 was carried by the following Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Morris, and Boston Nays: Councilman Thomas Councilman Swift stated that this is just the type of thing he is talking about. Councilman Harper stated that in the future he will vote against all already executed change orders. - - - - - - - - - - Item 8e A proposed resolution was presented authorizing final payment to the contractor at the airport, and authorizing excess revenue sharing funds to be used for landscaping the terminal building grounds. RESOLUTION NO. 160-83 RESOLUTION ACCEPTING AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT ON CONTRACT WITH THE J. MILLER CONSTRUCTION CO. FOR THE ENERGY CONSERVATION PROJECT AT WICHITA FALLS MUNICIPAL AIRPORT. Moved by Councilman Thomas, for discussion, that Resolution No. 160-83 be passed. Motion seconded by Councilman Morris. Councilman Thomas asked if the roof repairs on the walkways have been done? Bob Parker stated that it has been done. He also explained the landscape request. The Parks Department maintains this area. Councilman Thomas asked if we could go to something of a low maintenance to relieve the Parks Department? Available funds are $9,673.00. 259 Item 8e, Cont'd. Councilman Wilson asked if there is any reason why he did not put this out for bids? Mr. Parker stated that the Park Department could do it cheaper than a contractor. City Manager James Berzina stated that he is trying to get the Parks Department out of construction, and this may be the place he starts, and he may take bids. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item lla A public hearing was opened on revenue sharing funds. No one desired to be heard, and the public hearing was closed. Another public hearing will be held on September 27. - - - - - - - - - - Item 12a City Attorney H.P. Hodge explained the requirements of project approval for the T.C. White and Company project for industrial development revenue bond financing. RESOLUTION NO. 162-83 A RESOLUTION APPROVING A PROJECT TO BE FINANCED BY WICHITA COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (T.C. WHITE & COMPANY PROJECT) SERIES 1983. Moved by Councilman Harper that Resolution No. 162-83 be passed. Motion seconded by Councilman Morris. Mr. Hodge explained and reviewed the resolution. The public hearing was opened for comments. None were made. Moved by Councilman Thomas that the public hearing be closed. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None The motion for passage of the resolution was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 12b ORDINANCE NO. 103-83 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1982 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTION PROJECT 82-1 , IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF: RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDIT REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY: PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. 260 Item 12b, Cont'd. The public hearing was opened. No one desired to be heard, and the hearing was closed. Moved by Councilman Morris that Ordinance No. 103-83 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 13a Al Vergauwen appeared regarding a proposed blighted area designation along 5th Street. Two years ago he spoke with Stu Bach. He had a letter from J. B. Featherston dated October, 1981 , stating that there had been no positive trend in this area for some time. Mr. Vergauwen requested a blighted area designation in order to secure lower interest funding for a sports complex facility, which would contain bowling, tennis, racquetball , swim pools, sauna, an eating area, etc. He stat6d -that he would be willing to blight the whole town if we could get things started. Mayor Cook asked if he was familiar with the law concerning industrial revenue bonds, stating that he understands that sports complexes are not eligible. He further stated that if some have been built in other cities, he believes this is contrary to the law. He does not think the project qualifies under the law. Councilman Harper stated that the law specifically states that sports complexes are not allowed under the law for industrial revenue bond financing. Mayor Cook stated that it would be the Council 's determination that it did not qualify before taking any action. Councilman Harper asked the Planning Department to update their study. If it would meet the state criteria do you have to blight the whole area, or only a part of it? Roger McKinney, Planning Director, stated that the median income for the whole city is $14,930. The median income for this area is $14,735, so it is very close to the median income of the city. If you delete the Morningside residential area and the other residential areas, you will have no median income. Mr. McKinney stated that you could blight only a portion of it. Councilman Wilson moved that we table this matter to give Mr. Vergauwen an opportunity to determine if this is an eligible project. Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - Item 13b Charley Strickland was not present to appeal the denial of his go-kart track permit. City Attorney H.P. Hodge explained the map to the Council , stating that Mr. Strickland only wants to consider the part where the carts run as the location of the area. If he does this it will decrease the number of persons who would have to sign off. To construe the ordinance reasonably and logically you have to consider the entire property lines. Moved by Councilman Harper that the Council support the City Manager's denial of permission to build the go-kart track. (Roger McKinney stated that he could not get the required signatures. ) Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - 261 Item 13c Hank Anderson appeared as Attorney for residential property owners in Faith Village, Unit 3. He stated that the Council originally passed the ordinance because the people out there were not financially able to hire their own lawyer. He requested that Ordinance No. 117-82 be rescinded. The City would then be authorized to enforce deed restrictions. He also requested deletion of the words 11retail outlet". Retail outlets have been built along Kemp Street. These people knew they had restrictions to residential properties only. They have a right to rely on this. The same logic applies today on them not being able ,to hire their own attorney to enforce deed restrictions. If these properties are allowed to build retail outlets then alcoholic beverages could also be sold on property that backs up to this. The value of this property for residential purposes will decrease if retail businesses are allowed to come in on Kemp. He also asked that the intersection of Kemp and Fleming Street be closed if the other alternatives are not met. Councilman Wilson stated that the question as presented to us is whether we will be a party of enforcing the rights between two property owners. He spoke of the economic ability to pay. The reason they voted for it was because of the turmoil in their lives, and not economic ability to pay. He does not believe it is the responsibility of the Council to enforce the contract rights of a certain group of people. He does not feel it is the place of the Council to enforce contract rights between two persons. Nothing that the Council does precludes them from enforcing their contract rights. Hank Anderson requested that the City Attorney take his staff and try to help these people. Mayor Cook stated that it was not just Faith Village, but the whole tornado area. The Zoning issue was also voted down in the Faith Village area. They are sympathetic to any area of the City where encroachment occurs. The demands on the City Attorney's office are already exceeding the duties assigned. It would necessitate another attorney. The Council has not precluded the people hiring their own attorney. They simply state they will not fight their battle. He could see the need to delete retail outlet, and confine it to professional and financial institutions. Councilman Harper stated that he feels we would be in our rights to delete retail outlets and only keep financial and professional institutions. From what he understands they feel they did not have any input in adding retail outlets to it. Hank Anderson stated that no new businesses have been built out there since the ordinance was passed. The deed restrictions still exist. Councilman Harper suggested that the Council consider deleting the words 11retail outlet" from Ordinance No. 117-82. They could go to Court and get it settled. He further suggested that Mr. Hodge meet with Hank Anderson and owners of the property to see if they can come up with something which would be acceptable. Councilman Thomas stated that when permits are issued for residential buildings it cannot be turned to a real estate office. It was noted that apparently the real estate office was there prior. Councilman Harper stated that Mr. Winters had bragged in the newspaper about taking out a residential permit, and putting in a real estate office there. City Attorney H.P. Hodge stated that the Council was not trying to undo what was there before the tornado. The Council directed the City Attorney to look at the ordinance, possibly deleting retail establishment, and try to define professional offices and financial institutions. Mayor Cook stated that the Traffic Commission might look at what would happen about closing Fleming Street. - - - - - - - - - - Item 13d Leon Mallonee appeared, requesting that the City pay for paving adjacent to the Food Bank warehouse facility. He stated that he believes Community Development Block Grant funds are available. They expect to occupy the building on October 1 or November 1 . Mayor Cook asked Mr. Mallonee if they had tried to raise funds? Mr. Mallonee stated that the Kiwanis Club committed $50,000 for the building of this facility. Thirty-eight thousand has been raised. The Food Bank is the only authorized USDA foods for Wichita County. Mayor Cook noted that the City donated the land, and the Kiwanis Club raised funds for the building. He explained that they are not question- 262 Item 13d, Cont'd. ing the need for the parking, but the entire city should support it. Before the Food Bank asks the City for funds, they should ask other agencies in the city, including trusts, foundations, etc. He requested that they try to raise funds elsewhere because the City has already contributed substantially by donating the land. Mayor Cook further stated that some of the same people who are receiving food have also requested paving of streets. Chief Accounting Officer Fred Werner stated that any Community Development Block Grant funds would have to be looked at with all other funds of this nature. City Manager James Berzina expressed his concern that if we continue to underwrite this operation, we will be asked to take on more later. Mr. Mallonee stated that they expect this facility to be self-sustaining. They have no plans to come back to the City for additional funding. Mr. Berzina suggested that the Council look at revenue sharing if they want to fund it. Someone in the audience stated that the Food Bank has reached into eight counties. Moved by Councilman Harper that the City fund 25 percent, provided other agencies fund 75 percent of $17,500; otherwise, the City will not fund any amount. Motion seconded by Councilman Thomas, and carried unanimously. - - - - - - - - - - Item 14a ORDINANCE NO. 104-83 AN ORDINANCE GRANTING A VARIANCE TO FLOOD DAMAGE PREVENTION ELEVATION REQUIREMENTS FOR LOT 20 AND LOT 24, BLOCK 66, FAITH VILLAGE, UNIT 2, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Moved by Councilman Thomas, for discussion, that Ordinance No. 104-83 be passed. Motion seconded by Councilman Swift. Elvin Dudley, builder, stated that he does not want to jeopardize in any way the flood insurance in Wichita Falls. He stated that there are houses in Faith Village as high as this podium alongside houses on the ground. His proposal to build at base flood elevation would put 22 houses on the tax rolls. He requested a variance on these two lots, as well as all lots that are left out there. Slabs are 12 inches above the curb. Director of Planning Roger McKinney stated that the ordinance requires that they be built one foot above the flood plain. Mr. Dudley stated that they are having to be built 2.7 feet above the curb. Councilman Wilson stated that the houses look strange in that area that are towering over the other properties. Mr. McKinney stated that building at flood level meets minimum federal require- ments, but that flood insurance would be more costly for the purchaser. Moved by Councilman Thomas that Ordinance No. 104-83 be passed, and the waiver be granted for these two lots to be built at one inch above base flood elevation. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None The Council directed that an ordinance be prepared for the next meeting to change it throughout the city. The Mayor also requested that the Planning Board consider changing the whole ordinance. - - - - - - - - - - 263 Item l4b A proposed ordinance was presented enlarging the area for the sale of alcoholic beverages. ORDINANCE NO. 105-83 ORDINANCE AMENDING ARTICLE II OF CHAPTER 4 OF THE CODE OF ORDINANCES TO ENLARGE THE AREA WITHIN WHICH SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION (UNBROKEN ORIGINAL CONTAINERS) IS ALLOWED. Moved by Councilman Morris, for discussion, that Ordinance No. 105-83 be passed. Motion seconded by Councilman Swift. Councilman Morris suggested that the percentage of residential property owners be changed to 70 percent, rather than 100 percent. Councilmen Harper and Swift stated that they would not be in favor of changing the percentage. Councilman Morris amended his motion that all residential property owners be changed to 70 percent. Motion seconded by Councilman Thomas, and failed by the following vote. Ayes: Councilmen Thomas and Morris Nays: Mayor Cook, Councilmen Swift, Harper, Wilson, and Boston An amendment was moved by Councilman Wilson that "duplex" residence be changed to "multi-family" residence. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Buford Rice, 3709 Sheridan, asked if this ordinance changes the Zone? Mayor Cook stated that it does for wine, malt liquor, and beer, but not on liquor. This ordinance authorizes the sale of beer and wine out of a grocery store for off- premise consumption. This is not abolishing the original zone. Seventy percent of their sales must come from other than wine, beer, and malt liquor. An amendment was moved by Councilman Wilson to read that 70 percent of the gross revenue must be derived from the sale of grocery products. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None Ordinance No. 105-83, as amended, was passed by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Mr. J.M. Shook, 1710 City View, opposed a tax increase. He later mentioned paving, and Mayor Cook requested that Mr. Bennett try to help him. - - - - - - - - - - Item 14c Carol Rudd appeared for Muscular Dystrophy requesting a waiver of the Code of Ordinances to allow the sale of beer in Jaycee Park for a fund raising fly-in for the Radio Control Club. She also requested that the percentages to the City be lowered on the sale of food and other items. 264 Item 14c, Cont'd. Councilman Morris stated that if the Council waives the fees for them, then they would have to do so for all because they all have the same arguments. Richard Mead appeared as President of the Radio Control Club, stating that they can' t have beer at Lake Arrowhead. There will be no admission for spectators, but the participants will pay a $15.00 entry fee. ORDINANCE NO. 106-83 ORDINANCE WAIVING SECTIONS 4-15, 22-1 , AND 22-4 OF THE CODE OF ORDINANCES TO ALLOW SALE OF BEER AND OTHER PRODUCTS FOR THE "FLY-IN" SPONSORED BY THE RADIO CONTROL CLUB. Moved by Councilman Thomas that Ordinance No. 106-83 be passed; that the $15.00 fee will be considered a donation, with no percentage charged on it, but that other percentage charges will not be lowered. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Morris, and Boston Nays: Councilman Wilson Councilman Morris asked the City Attorney for information on an ordinance directing the Parks Director and City Manager to grant these requests. Councilman Wilson stated that he feels it is important that it continue to come before the Council . He does not feel comfortable delegating this responsibility to some other board. - - - - - - - - - - Item 14d ORDINANCE NO. 107-83 ORDINANCE AMENDING SECTIONS 8-2 AND 27-5 OF THE CODE OF ORDINANCES, TO ALLOW MERCHANTS TO USE PORTIONS OF THE ABUTTING SIDEWALKS FOR DISPLAY OF MERCHANDISE FOR SALE, AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 107-83 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Morris, and Boston Nays: None - - - - - - - - - - Item l4e Discussion was held on a proposed ordinance granting authority to American Development Company to convert a part of the park, enlarge the parking lot, construct a second story parking leaf above the present parking lot, to construct a crosswalk over the alley connecting the Radio Building and second story parking leaf, to construct supporting columns of such parking leaf in Ohio Street right- of-way, and approving a lease to American Development Company. City Attorney H.P. Hodge reviewed what had happened back in March 1983, by Jim Killibrew. Mr. D. S. Tramonte, Jr. appeared as an attorney for American Development Company, from Galveston. They want a lease on the air rights. They want to make sure that the ordinance authorizes them to do what the plans call for. The lease presented would lease the upper deck and the ground level , also. They would like to be able to make a reasonable charge for parking on the upper level , and the lower deck, also. They are concerned about security. This charge would cover the cost of maintenance and security. The Council had previously agreed to allow them to use the upper deck for tenant parking during the day, and for public parking at night, as needed. They are requesting to charge for parking. The lease he has provided includes the entire parking facility and the park. All they intend to do is provide for maintenance and security in their charges. The original ordinance did not anticipate a charge for parking. Bonds have now been sold, and they are ready to begin construction of the building. 265 Councilman Harper stated that he does not think it was the intent of the Council to give away public parking. The Council agreed. The Mayor stated, also, the park cannot be used for other purposes, but in so doing they would assume responsibility for the maintenance. The public would be allowed to use the lower level . The second floor would be used for tenants of the Radio Building during the day, but after normal hours the public would be allowed to use the second floor. Mayor Cook stated that this is changing the intent, and authorizing a charge for parking, and it is rather vague as to whether park maintenance is in here. Mr. Tramonte stated that they would maintain the park. The lease encompasses the whole area of the park. They will not develop the Radio Building without ample parking. They want to charge enough to make their costs break even. Councilman Wilson stated that they want to facilitate his project, but they do not want to give away the house, and that is what they are asking them to do. Parks Director Bill Hursh stated that they are proposing to take some of the trees and shrubs out of the park, and they would develop it into something pleasing. Thirty feet would be removed from the park, as well as the shelters. Mr. Tramonte stated that this is simply a proposal to make and try to come up with something. They will have to have some type of control over the parking. They will need the amount of money that is necessary to maintain the security and maintenance of the parking facility. The parking fee would be set to provide these funds. He stated that they only way it will work is to provide some kind of control . Councilman Thomas suggested that perhaps the Council could review and set the parking charges. Councilman Harper stated that he has a lot of problems with this lease in closing a city parking lot that is needed. Mr. Tramonte stated that he had no intention of the Council seeing this. He thought he would work it out with the City Attorney. They are not opposed to limiting the parking fee that would allow them to recover their maintenance and security costs of the facility; just operational cost. Moved by Councilman Thomas that this item be tabled for further refinements. Motion seconded by Councilman Harper, and carried unanimously. - - - - - - - - - - The meeting recessed at 12:45, and reconvened at 1 :45 P.M. - - - - - - - - - - Item 15g RESOLUTION NO. 163-83 RESOLUTION CALLING A PUBLIC HEARING AS REQUIRED BY SECTION 26.06 OF THE TEXAS TAX CODE. Moved by Councilman Swift that Resolution No. 163-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 15a RESOLUTION NO. 164-83 RESOLUTION APPROVING THREE BLANKET AGREEMENTS FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRAFFIC SIGNALS AND ILLUMINATION SYSTEMS WITHIN THE CITY LIMITS, AND AUTHORIZING THE CITY MANAGER AND DIRECTOR OF TRAFFIC AND TRANSPORTATION TO CONSENT TO FUTURE PROJECTS. Moved by Councilman Morris that Resolution No. 164-83 be passed. 266 Item 15a, Cont'd. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 15b RESOLUTION NO. 165-83 RESOLUTION APPROVING NEW WATER RATES AND AN EFFECTIVE DATE FOR THE RATES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO CONTRACTS FOR WATER SALES WITH EIGHTEEN ENTITIES OUTS:IDE THE CITY TO ADJUST THE PRICE OF WATER. Moved by Councilman Thomas that Resolution No. 165-83 be passed, deleting the City of Holliday from the resolution. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 15c was deleted from the agenda. - - - - - - - - - - Item 15d RESOLUTION NO. 166-83 AMENDMENT OF RESOLUTION TO INCLUDE WAIVER OF GOLF FEES FOR MIDWESTERN STATE UNIVERSITY GOLF TEAM. Moved by Councilman Thomas that Resolution No. 166-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item l5e RESOLUTION NO. 167-83 A RESOLUTION AUTHORIZING INSTALLMENT PAYMENTS INCLUDING INTEREST ON LARGE WATER, SEWER, AND REFUSE BILLS. Moved by Councilman Boston that Resolution No. 167-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 15f RESOLUTION NO. 168-83 RESOLUTION APPROVING CONTRACT FOR ARCHITECTURAL SERVICES WITH ROBERT PARDUE & ASSOCIATES FOR RENOVATIONS AND ADDITIONS TO SENIOR CITIZENS CENTER. Moved by Councilman Harper that Resolution No. 168-83 be passed. Motion seconded by Councilman Morris, and carried by the following vote. 267 Item 15f, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 15h RESOLUTION NO. 169-83 RESOLUTION ACCEPTING FROM TEXAS ELECTRIC SERVICE COMPANY BILL OF SALE FOR STREET LIGHT FACILITIES USED CONVERTING TO HIGH PRESSURE SODIUM VAPOR STREET LIGHTING. Moved by Councilman Thomas that Resolution No. 169-83 be passed, striking the indemnification clause from the bill of sale. Motion seconded by Councilman Morris. Councilman Thomas asked how much money this will save us? Bob Parker stated that it is 3-1, year pay-back plan. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 15i Discussion was held on approving a depository contract for city funds. Chief Accounting Officer Fred Werner stated that the City does not have the availability to invest in money over 90 days. Whether it is a variable or fixed rate period, it is speculation on what the rate will be. He stated that Inter- first will not honor a floor on a variable rate. Under the current contract we have a floor at 10 percent. Mr. Werner could not predict what will happen on interest, but feels that it will stay pretty much as it is now. RESOLUTION NO. 170-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEPOSITORY CONTRACT. Moved by Councilman Thomas that Resolution No. 170-83 be passed, awarding the contract to Interfirst Bank Wichita Falls, with the fixed rate, and Alternate No. 2 on time deposits. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 15j RESOLUTION NO. 171-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE INDEPENDENT AUDIT OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Councilman Wilson that Resolution No. 171 -83 be passed. Motion seconded by Councilman Harper. City Manager James Berzina stated that five firms were interviewed. Three were local , and two from outside the city. It appeared that the price of Hupp, Thompson, et al was the lowest. 268 Item 15j, Cont'd. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item l5k was deleted from the agenda. - - - - - - - - - - Item 16a Moved by Councilman Boston that bids for the City' s insurance program be awarded, as follows, in a total amount of $137,256.93. a. Williams-Dwyer Ins. Agency - Boiler and Machinery - $10,191 .00 b. Williams-Dwyer Ins. Agency - Public Official Liability - $12,513.93 c. Fred S. James Co. - Buildings and Contents - $9,387.00 d. Fred S. James Co. - Extra Expense at City Hall - $195.00 e. Fred S. James Co. - Electronic Data Processing - $649.00 f. Fred S. James Co. - General Liability - $55,233.00 g. Fred S. James Co. - Airport Liability - $2,500.00 h. Fred S. James Co. - Police Professional - $28,740.00 i. Fred S. James Co. - Medical Malpractice - $11 ,043.00 j. Fred S. James Co. - Worker's Compensation Excess - $6,805.00 Motion seconded by Councilman Morris, and carried unanimously. - - - - - - - - - - Item l6b RESOLUTION NO. 172-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FRED S. JAMES COMPANY FOR ADMINISTRATION OF THE CITY'S EMPLOYEE HEALTH AND DENTAL BENEFITS. Moved by Councilman Morris that Resolution No. 172-83 be passed. Motion seconded by Councilman Morris, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 16c RESOLUTION NO. 173-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AETNA LIFE AND CASUALTY FOR EMPLOYEE LIFE INSURANCE PROGRAMS. Moved by Councilman Morris that Resolution No. 173-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 16d Discussion was held on award of bid for an annual supply of computer paper, cards, and special forms. Moved by Councilman Harper, for discussion, that the bid be awarded to Moore Business Forms in the amount of $37,978.53. 269 Item 16d, Cont'd. Motion seconded by Councilman Boston. Councilman Harper stated that two people called him about this, stating that the specifications were written so that only Moore could bid on it. Jack Humphries, Data Processing Administrator, stated that there are many people with 20 pound paper as standard. The reason they have specified this is that the lighter paper will not stack properly when it goes through the machine. He recommended that we look at the 20 pound paper. No one contacted him, or showed up for the prebid conference. They did not even return the bid as a no-bid. The motion was carried unanimously. - - - - - - - - - - Item 17a Permission was requested to advertise for bids for concrete flatwork in various parks. Moved by Councilman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Wilson. Parks Director Bill Hursh stated that they have had very little help from the citizens in maintaining City View Park, except for this summer. He recommended that we keep this park, but stated that we want to be careful about duplication of services with Sunset Terrace Park. They would probably use City View Park for small children and toddler playground equipment. The motion was carried unanimously. - - - - - - - - - - Item 18a Charley Strickland appeared regarding Item 13b, stating that he was told that he would be notified by mail when this item was placed on the agenda. Mr. Strickland had specifically requested in his letter that he be placed on this agenda, and it was done. City staff tried, but were unable to contact him by telephone. Mr. Strickland presented a sequence of events beginning March 14 leading up to denial of his application for a go-kart permit at the old Safeway parking lot on Kemp-Buchanan Street-Avenue U. Mayor Cook stated that the City Attorney is the City's legal representative. The Council voted to uphold the City Manager's recommendation. The issue at hand is the point from which we measure distances from neighboring properties. Mayor Cook noted that he requested to appear on the agenda of September 6. His request was not denied. Councilman Wilson asked Mr. Strickland if the rules have changed from the City Attorney and Planning Departments since he started? Mr. Strickland stated this is true. Planning Director Roger McKinney stated that the location is not the only consideration in the ordinance. As to the lease of a portion of a tract, they did not change Mr. Hodge' s mind. They gave Mr. Strickland a copy of the ordinance. They also gave him a computer listing of property owners. Councilman Wilson asked about boundaries. City Attorney H.P. Hodge concluded that what Gordon Beck said is reasonable concerning boundaries. Each case has to be construed on its own. Mayor Cook stated that the question is where do we measure from? He requested that Mr. Strickland plot the legal definition of his lease, and measure 100 feet from those boundaries, and secure those signatures, then his application will be looked at. 270 Item 18a, Cont'd. City Manager James Berzina stated that we are talking about distances in a high density area. Charley Strickland admitted that he is aware of some opposition to the go- kart track in this area. Mayor Cook stated that they have denied the request, but if he wants to bring something else back, they will consider it. Moved by Councilman Swift that they consider another application if he comes back with a plat compatible with the Safeway lease, city ordinances, and neighbor- hood distances, and a certified legal description of the lease, with a 100-foot radius from that boundary. Motion seconded by Councilman Thomas. Mayor Cook stated in a situation where there are multiple property owners and land uses, there is a problem. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, and Boston Nays: Councilman Harper (Councilman Morris had left the meeting. ) - - - - - - - - - - Councilman Harper suggested preparation of a resolution adopting Roberts Rules of Order as rules and procedures for the City Council . - - - - - - - - - - Councilman Thomas asked about curb cuts into Tanglewood, and if this is park land? Roger McKinney stated that it was dedicated as right-of-way; not parks. Mayor Cook suggested that these cuts not be made until we find out. Councilman Swift reminded the City Manager of the park for Fountain Park addition. (Councilman Swift left the meeting. ) . - - - - - - - - - - Item l4e, Cont'd. Moved by Councilman Thomas that the Radio Building item be brought off the table for discussion and possible action. Motion seconded by Councilman Boston, and carried unanimously. ORDINANCE NO. 108-83 ORDINANCE AMENDING ORDINANCE NO. 43-83 APPROVED ON THE 15TH DAY OF MARCH, 1983, GRANTING AUTHORITY TO AMERICAN DEVELOPMENT COMPANY TO CONVERT A PART OF THE PARK ON BLOCK 182, ORIGINAL TOWNSITE, TO ENLARGE THE PARKING LOT ADJOINING IT, TO CONSTRUCT A SECOND STORY PARKING LEAF ABOVE THE PRESENT PARKING LOT IN SUCH BLOCK, TO CONSTRUCT A CROSSWALK OVER THE ALLEY CONNECTING THE RADIO BUILDING AND THE NEW SECOND STORY PARKING LEAF, AND TO CONSTRUCT THE SUPPORTING COLUMNS OF SUCH PARKING LEAF IN OHIO STREET RIGHT-OF-WAY: AND AUTHORIZING A LEASE OF LOTS 1 THROUGH 7, BLOCK 182, ORIGINAL TOWNSITE, WICHITA FALLS , TEXAS. Moved by Councilman Harper for discussion, that Ordinance No. 108-83 be passed. Motion seconded by Councilman Thomas. Certain changes in the lease were read by the Council , and several questions were asked. City Manager James Berzina asked how they would feel about leasing the ground floor on a five-year basis instead of 50 years? Mr. Tramonte stated that the lending institution would not allow it. 271 Item '14e, Cont'd. Councilman Wilson stated that he did not see much different from this document, and we are providing property to them worth $650,000. It was stated that the City would be getting $850,000 in tax dollars. Councilman Wilson asked what price he would have paid for the land? Mr. Carruth stated that they would not have bought as much, and stacked it in 3 levels. Councilman Wilson stated that the City is providing the capital for the parking spaces in the amount of $650,000. The motion for passage of the Ordinance was carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Harper, and Boston Nays: Councilman Wilson (Councilmen Swift and Morris had left the meeting. ) — — — — — — — — — — The City Council adjourned into executive session pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes, at 4:45 P.M. day of -�le PASSED AND APPROVED this k4l 4 z� , 1983. Horace 0. Boston, Mayor Pro tem ATTEST: Wilma J. Thomas,' CMC, City Clerk