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Min 09/20/1983 272 Wichita Falls, Texas Memorial Auditorium Building September 20, 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. Horace A. Boston Mayor Pro tem Thomas E. Swift Charles Thomas Councilmen Charles Harper { Craig A. Wilson Gary D. Cook Absent Howard M. Morris Absent James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer was given—by Bill Winaski Our Lad Queen of Peace. The invocationg y y In the absence of Mayor Cook, Mayor Pro tem Morris announced that he also had to leave, and that it would be necessary to select a temporary Mayor Pro tem. Moved by Councilman Wilson that Councilman Boston be chosen as temporary Mayor Pro tem. Motion seconded by Councilman Swift, and carried unanimously. Councilman Morris left the meeting. V Items 4a - 7a Moved by Councilman Harper that Items 4a - 7a on the Consent Agenda be approved. Motion seconded by Councilman Swift. Item 4a ORDINANCE NO. 109-83 AN ORDINANCE WAIVING MINIMUM BUILDING SETBACK REQUIREMENTS ON A PROPOSED REPLAT OF PART OF LOTS 1 , 2, & 3, BLOCK 18A, HIGHLAND ADDITION, A SUBDIVISION OF THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 4b ORDINANCE NO. 110-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TWENTY (20) FOOT WIDE ALLEY IN BLOCK 20, JALONIC ADDITION, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 5a The low bid for meter boxes and lids was awarded as follows, to Marta Company, of Henrietta, Texas. 273 Item 5a, Cont'd. a. 18 x 18 Box $22.20 b. 18 x 18 Lid - 6.35 c. 28 x 30 Box - 91 .00 d. 28 x 30 Lid - 20.25 Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 5b The bid for installation of safety cable assemblies over the Imhoff tank of the wastewater treatment plant on River Road was awarded to W & W Welding, Iowa Park, in the amount of $6,282.45. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays : None Item 6a Minutes of the meeting of the Design Review Commission held August 18, 1983, were received. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 7a Harrison Street was deleted from the 1982 Surface Overlay program in order to preserve the bricks. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 8a A public hearing was opened on the tax rate. Monte Beasley, 1035 Wellington Lane, spoke for the Board of Realtors opposing a tax increase. He stated that the trend in all governments is that the answer to everyone's ills is more spending. He stated that he knows we need more industry in town and in this school district, but it appears that it will push them into other areas. Businesses pass the tax raise on to the consumer, but the homeowner cannot pass it on. He feels we need legislation to change the eight percent back to three percent. He commended the Council if they can run the City cheaper than the school . He thanked the Council for their hard work. Councilman Thomas asked Mr. Beasley if he knew that the real estate people were invited to the budget sessions? Mr. Beasley stated that he was aware of it. Councilman Thomas stated that he wished they had shown up because it would help them make decisions. RESOLUTION NO. 174-83 RESOLUTION ANNOUNCING THE DATE, TIME, AND PLACE OF THE MEETING AT WHICH THE CITY COUNCIL WILL VOTE ON THE TAX RATE FOR 1983. Moved by Councilman Swift that Resolution No. 174-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Councilman Thomas assured Mr. Beasley that they are working to cut the budget throughout the City, and we are not just stopping here. They are working with the City Manager, and it will continue to go. Item 8b A proposed resolution was presented concerning approval of the Sheppard Area Federal Credit Union project to be financed by industrial development revenue bonds. 274 Item 8b, Cont'd. RESOLUTION NO. 175-83 A RESOLUTION APPROVING A PROJECT TO BE FINANCED BY WICHITA COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (SHEPPARD AREA FEDERAL CREDIT UNION PROJECT) SERIES 1983. Moved by Councilman Thomas that Resolution No. 175-83 be passed. Motion seconded by Councilman Wilson. The public hearing was opened for anyone wishing to speak. No one desired to be heard. City Attorney H.P. Hodge paraphrased the resolution under consideration. He explained the purpose of this project, stating that it is located in a blighted area already declared by the City Council . They are approving and making certain findings of this project, stating that it will create approximately 30 jobs in Wichita Falls. Moved by Councilman Thomas that the public hearing be closed. Motion seconded by Councilman Swift, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None - - - - - - - - - - Item 9a Mr. L. J. Onstott requested an appearance before the City Council to waive readiness-to-serve charges for water service. Acting Director of Public Utilities Jerry Gross stated that Mr. Onstott is not yet here, and they might desire to delay this item until he arrives; however, unless the Council directs otherwise he will implement the contents of the letter in the agenda folder tomorrow morning. C Mr. Onstott arrived just as the Council decided to delay the item for his appearance. Jim Onstott, 3304 Robin, appeared as owner of Progress Petroleum. He stated that he had been in dispute with the Water Department over a readiness-to-serve charge, which he feels was inappropriate from the beginning. He stated that his water bill suddenly increased. He learned that it was for a charge made by an ordinance passed in October 1981 . He stated that they have all the necessary things for a readiness-to-serve. They have a higher capacity from their water tower on the property than the City would have. There is no pressure drop due to water going through the meter. This ordinance became effective in 1981 , but they were not aware of it being passed. When he learned of it he protested this readiness-to-serve charge. In September 1982 he asked the Acting City Manager for a variance to this ordinance. In April 1983 this ordinance was rescinded. He is opposing the readiness-to-serve charge while this ordinance was in effect. He requested that this ordinance be waived because he feels it was a bad ordinance. Mr. Onstott stated that the Water Department finally agreed that they would install a smaller meter, and charge the lesser rate under reduced usage. He stated that Mrs. Cunningham, Mr. Gross, and Mr. Bennett were all very cooperative, but he does not agree with their findings. Councilman Wilson asked if he was in agreement with the reduced readiness- to-serve charge? Mr. Onstott stated that he had no choice. Jerry Gross stated that a compound meter is a 6-inch meter with a 3-inch by- pass. The 3-inch meter was removed, and replaced with a 1-inch meter. He has had a compound meter all time. Domestic use out there should not be very great at this time. The fire line is served by the meter. He gave a history of his consumptions for the past few months. Mr. Onstott stated that they found a leak in August on his property, and they replaced a six-inch line. 275 Item 9a, Cont'd. Mr. Gross stated that a readiness-to-serve charge is a demand charge. He has a 6-inch line, and he is placing a possible demand on that line at any given time. This charge is being placed on all meters larger than 5/8 inch. In April of this year the Council said if the meter is serving only a fire line, they will not be charged for service on that fire line unless they use it for purposes other than for a fire line. Councilman Wilson asked if this criteria had been applied during this time? Mr. Gross did not know because the meter was not in operation. If this is a valid sample, Mr. Onstott would not have used the meter during this 24-month period. The $1 ,760. 97 is an adjusted figure back to the 1 -inch line. Because Mr. Onstott has protested from the start, Councilman Thomas moved that he comply with the ordinance since April 1983. Motion seconded by Councilman Harper. Councilman Swift asked some questions, asking if this has come up before? Mr. Gross stated that there was one other case pending at the time when he arrived. It is Continental Pipe Line in the amount of $560.54. These are the only two of which he is aware, but this does not mean that this is all . He stated that Continental protested this very early, and that they are in the process of paying. The motion was carried unanimously. Item l0a ORDINANCE NO. 111-83 AN ORDINANCE AMENDING SUBSECTION 7 OF SECTION 18-1/2-2, MECHANICAL CODE, TO CHANGE THE SCHEDULE OF PERMIT FEES. Moved by Councilman Wilson that Ordinance No. 111-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 10b ORDINANCE NO. 112-83 AN ORDINANCE AMENDING SECTION 7-15, PARAGRAPH THREE (3) OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, PROVIDING FOR BUILDING INSPECTION FEES. Moved by Councilman Wilson that Ordinance No. 112-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None - - - - - - - - - - Item 10c ORDINANCE NO. 113-83 AN ORDINANCE AMENDING PARAGRAPH b OF SECTION 30-3 OF CHAPTER 30 OF THE CODE OF ORDINANCES TO CHANGE THE PERMIT FEES. Moved by Councilman Harper that Ordinance No. 113-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None 276 Item 1Od ORDINANCE NO. 114-83 AN ORDINANCE AMENDING SECTION 27-22 OF CHAPTER 27 OF THE CODE OF ORDINANCES TO CHANGE THE PERMIT FEES. Moved by Councilman Wilson that Ordinance No. 114-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays : None Item 10e ORDINANCE NO. 115-83 AN ORDINANCE AMENDING SUBSECTION (106.3) OF ORDINANCE NO. 2733, THE ' PLUMBING CODE, TO CHANGE THE SCHEDULE OF PERMIT FEES. Moved by Councilman Harper that Ordinance No. 115-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 1 Of ORDINANCE NO. 116-83 ORDINANCE TO ADJUST WATER RATES AND OPERATING PROCEDURES FOR RETAIL CUSTOMERS USING RAW WATER ONLY. Moved by Councilman Harper that Ordinance No. 117-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item lOg ORDINANCE NO. 117-83 j ORDINANCE AMENDING SECTION 32-57 OF THE CODE OF ORDINANCES, ESTABLISHING RATES FOR SEWER SERVICE. Moved by Councilman Harper that Ordinance No. 117-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 10h ORDINANCE NO. 118-83 ORDINANCE AMENDING SECTION 32-20 OF THE CODE OF ORDINANCES, ESTABLISHING WATER RATES TO BE COLLECTED BY THE CITY. Moved by Councilman Wilson that Ordinance No. 118-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None 277 Item l0i A proposed ordinance was presented appropriating $45,151 from the general fund for payment of a fleet liability claim. ORDINANCE NO. 119-83 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 119-83 be passed. Motion seconded by Councilman Wilson. Councilman Swift asked what this is? Ed Barrett, Administrative Services Director, stated that it was a claim arising from an accident in 1981 involving a sanitation vehicle. He explained that the lifting forks of the truck protruded into the street intersection, and a vehicle collided with the forks. They feel that the settlement for claim is justified and reasonable. The fund is an equity fund. Mr. Barrett stated that they are trying to get the manufacturer to change the design of the truck to make it a safer vehicle. Councilman Wilson asked if there is sufficient question of design to have involved them in negotation of the claim? City Attorney H.P. Hodge stated that we have looked at them to see whether we can recover some of this. As far as he knows, they were not a party to negotiations with this claim. Mr. Barrett stated that since this falls under $100,000 the primary claim is the City, and we would have to subrogate the claim with the other company. Risk Manager Mark Wilson stated that the injured party had a severe back injury, with surgery, and she will probably have to have other surgery. This will completely release the claim. The motion for passage of Ordinance No. 119-83 was carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 10j ORDINANCE NO. 120-83 ORDINANCE AMENDING SECTION 32-1 OF THE CODE OF ORDINANCES, TO REQUIRE A RECONNECT FEE OF FIFTEEN DOLLARS ($15.00). Moved by Councilman Harper that Ordinance No. 120-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 10k ORDINANCE NO. 121-83 ORDINANCE AMENDING SECTION 32-21 OF THE CODE OF ORDINANCES, TO REQUIRE A DEPOSIT FOR ALL PERSONS AND BUSINESSES DESIRING TO USE CITY WATER. Moved by Councilman Harper that Ordinance No. 121-83 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked what the fees were previously? Fred Werner stated that the residential and minimum business deposits were $20.00. He stated that the deposit requirement has never been maintained. With the new rate increase they are proposing to standardize consistency to the language in the ordinance. Our losses are $5,000 to $6,000 per month. This will minimize the loss. 278 Item 10k, Cont'd. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item IOL ORDINANCE NO. 122-83 ORDINANCE AMENDING SECTION 17-8; 17-14; 17-19; 17-58; 17-62 OF THE CODE OF ORDINANCES TO INCREASE THE CHARGE FOR CARRY OUT SANITATION SERVICE: AND DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 122-83 be passed. Motion seconded by Councilman Wilson. Councilman Thomas asked if this means that a charge will be made to those residents who carry trash to the transfer station and landfill site? City Manager James Berzina stated that it does. This is something new. Councilmen Thomas and Swift expressed their opposition to this charge. Councilman Thomas asked what proof we have that the people are residents? Mr. Berzina stated that we don't know. If we make this charge we may find more trash in the ditches. Sanitation Superintendent Joe Leonard stated that some people feel this is an additional service. He stated that they do ask if they are residents. If commercial trucks have the name of the business on the truck, they know. They also have a billing register from which they can verify. He stated that it is misused quite a bit. If we start charging we will find it in the ditches, etc. They would need assistance in enforcing it. Councilman Thomas stated that it saves the City money by allowing residents to haul it out. Also, how can we enforce the payment of it? The fee is $7.00 a ton at the landfill , with a $2.00 minimum. Councilman Wilson stated that the fees are not unreasonable, but he feels it would be counter productive in light of us being able to enforce and collect it. If this person dumps it in other parts of town, then the City pays it. Councilman Swift again asked about the use of plastic bags for trash. Councilman Thomas stated that a person can dump free who has a residential water meter. A water bill could be shown for proof. Commercial customers can pay. He also commented on the cleanliness of the landfill , stating that it is a lot different from any other landfill he has seen. City Attorney H.P. Hodge suggested the following wording for Section 5(b) (1 ) of the proposed ordinance to exempt residential users from the fee. (1 ) Commercial haulers will be assessed the appropriate "users fee" for use of the Landfill or Transfer Station. Payment shall be made by cash or pre-arranged charge account. Fee may be charged to users utility bill with verifiable identification. Refuse from a Wichita Falls residence which is assessed the residential rate may be disposed of at the landfill or transfer station without charge. If rental property is involved, or if the hauler is being compensated for the hauling, a disposal fee shall be assessed. The Sanitation Superintendent or disposal site supervisor shall have the authority to determine if a fee is to be assessed in situtations not otherwise covered by city ordinance. Moved by Councilman Thomas that the amendment as read by the City Attorney be approved. Motion seconded by Councilman Wilson, and carried unanimously. The motion for passage of Ordinance No. 122-83, as amended, was carried by the following vote. 279 Item IOL, Cont'd. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item 10m ORDINANCE NO. 123-83 ORDINANCE AMENDING SECTION 152 OF THE CODE OF ORDINANCES (THE FLOOD DAMAGE PREVENTION ORDINANCE) . Moved by Councilman Thomas that Ordinance No. 123-83 be passed. Motion seconded by Councilman Swift. Councilman Wilson asked Roger McKinney what the term FIRM means? Mr. McKinney stated that it is Federal Insurance Rate Map. This is just a change in definition. They are now measuring from the highest point on the lot that is being built. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item lOn ORDINANCE NO. 124-83 ORDINANCE WAIVING SECTION 22-4 OF THE CODE OF ORDINANCES DURING THE "SYMPHONY IN THE PARK" IN HAMILTON PARK ON OCTOBER 9, 1983. Moved by Councilman Harper that Ordinance No. 124-83 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, and Harper Nays: Councilman Wilson Item Ila RESOLUTION NO. 176-83 A RESOLUTION ESTABLISHING REASONABLE FEES FOR SERVICES PROVIDED BY UTILITY COLLECTIONS AND WATER DISTRIBUTION AND MAINTENANCE DIVISIONS. Moved by Councilman Harper that Resolution No. 176-83 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item llb RESOLUTION NO. 177-83 RESOLUTION TO ADJUST INTEREST RATES ON MECHANIC'S LIEN CONTRACT FOR PRO-RATA CHARGES ON UTILITY INSTALLATIONS. Moved by Councilman Harper, for discussion, that Resolution No. 177-83 be passed. Motion seconded by Councilman Wilson. Councilman Harper stated that we need to say whose prime rate this is, and added "of the City' s depository" following the word "rate" in the next to last line. The motion was carried by the following vote. 280 Item llb, Cont'd. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item llc RESOLUTION NO. 178-83 RESOLUTION APPROVING CONTRACT WITH BOB'S COMMUNICATION SERVICE FOR RADIO AND RELATED EQUIPMENT MAINTENANCE. Moved by Councilman Thomas that Resolution No. 178-83 be passed. Motion seconded by Councilman Wilson. Councilman Harper asked if this is legal , and if radio service is considered professional ? City Attorney H.P. Hodge stated that he had always figured it would be. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays : None Item lld RESOLUTION NO. 179-83 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTABLE ACCOUNTS RECEIVABLE TOTALING $196,741 .09 FROM AN ACTIVE TO DORMANT STATUS. Moved by Councilman Wilson that Resolution No. 179-83 be passed. Motion seconded by Councilman Harper. Councilman Thomas asked how successful we are in collecting these bills through the City Attorney's office? City Attorney H.P. Hodge stated that by the time it gets to them the department has sent the first and second notices, and has also made some phone calls. The legal office normally writes a letter, and if there are no results from the letter, depending on the size of the amount, they turn it over to a collection agency. Fred Werner, Chief Accounting Officer, stated that if this property comes up in a Sheriff' s sale, they remove the liens. Mr. Hodge explained that if some other major lien ahead of it is foreclosed, it wipes out the junior lien. If property is sold, they get a pay-off on the lien unless a senior or tax lien is foreclosed. It automatically wipes off the junior liens. Mr. Werner stated that this resolution will not forgive the debt. It will go to dormant status. It allows the City Attorney or the collection agency the opportunity to collect it. We pay the collection agency 50 percent. They are only paid on the basis of their successful efforts. This language has been copied from the Dallas ordinance. Mr. Hodge stated that the statute of limitations does not apply to a city, but it does to a private agency. This is why we need to take some steps to get rid of them so that it won' t distort the books, because they will probably never be paid. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item lle RESOLUTION NO. 180-83 RESOLUTION ESTABLISHING FEES AND CHARGES IN MUNICIPAL CEMETERIES. 281 Item lle, Cont'd. Moved by Councilman Wilson that Resolution No. 180-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item llf RESOLUTION NO. 181-83 RESOLUTION ESTABLISHING DAILY GREEN FEES AND ANNUAL PERMIT FEES FOR f WEEKS PARK GOLF COURSE, EFFECTIVE OCTOBER 1 , 1983. Moved by Councilman Wilson that Resolution No. 181-83 be passed. Motion seconded by Councilman Harper. Parks Director Bill Hursh stated that he had some informal comment that since the golf course has been in construction, and will be in construction for several months, they feel this increase is not justified. He stated that he felt obligated to pass on these comments; however, his recommendation is based on a break-even proposition, and he feels we need the increased fee. Councilman Thomas stated that the tornado and the flood have had quite an impact on the golf course, and feels that it will pick up later. He asked when the greens would be back to full strength, and Mr. Hursh stated a year from now. He asked if this increase would cost us in loss of revenue? Mr. Hursh stated that some have indicated that it might for non-usage. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Harper, and Wilson Nays: Councilman Thomas Item llg RESOLUTION NO. 182-83 RESOLUTION AUTHORIZING DEED OF OLD FOWLER HOME PROPERTY TO THE WICHITA FALLS COMMUNITY MENTAL HEALTH-MENTAL RETARDATION CENTER. Moved by Councilman Harper that Resolution No. 182-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None Item llh RESOLUTION NO. 183-83 RESOLUTION AMENDING RESOLUTION NO. 183-82, TO ESTABLISH A NON-PROFIT YOUTH GROUP RATE FOR MUNICIPAL TENNIS CENTERS. Moved by Councilman Harper that Resolution No. 183-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays: None 282 Item 12a Discussion was held on award of bid for the purchase of a 55,000 pound landfill compactor. Darr Equipment Company was the only bidder to meet all specifications on a Caterpillar 826C with Caron wheels. Councilman Thomas stated that he would have liked to have seen all of these machines in demonstration in our landfill . He personally went out and inspected the one from Bomag. The driver stated that it was a little light. He still would like to see the Cat in a demonstration if it were at all possible. Joe Leonard mentioned the Rex and the Cat which they are most concerned with. Because this one was brought up does not mean that the others were not looked at. They were all looked at. The compactor that was brought up for demonstration was not the one that was bid. It was the smaller one. He checked with other cities. The Rex is our second choice. In Austin they have both a Rex and a Cat. They prefer the Rex. Mr. Leonard is concerned with availability of parts. The Cat meets all specifications. They guarantee a buy-back even though we have never exercised that option. It has a three-year warranty, and repair within 48 hours. Councilman Wilson asked where Darr gets their operating costs figures? Mr. Leonard stated that they submit them, and we have to take their word. Moved by Councilman Thomas that we accept the bid of Darr Equipment Company in the amount of $168,082. Motion seconded by Councilman Wilson, and carried unanimously. Item 13a RESOLUTION NO. 184-83 1 RESOLUTION APPROVING CHANGE ORDER #2, WATER TREATMENT PLANT IMPROVEMENTS, CONTRACT I , SECTION II. Moved by Councilman Harper, for discussion, that Resolution No. 184-83 be passed. Motion seconded by Councilman Swift. Councilman Harper asked about the $6000 for painting. He wondered if it might not be better to add other painting to this contract and let professional painters do the work? Jerry Gross stated that the Rome Corporation contract stated that they would paint only what they installed, which is about ten percent. They would have been sandblasting and repainting in the same area. They would have had to get a change order to get Rome Corporation to do the whole pipe gallery of painting. The purpose would be for the maintenance of it. City Manager James Berzina stated that this could be accomplished during the off-season. The rest of the operation would not suffer if they used these people to do the painting. The motion was carried by the following vote. Ayes: Mayor Pro tem Boston, Councilmen Swift, Thomas, Harper, and Wilson Nays : None Councilman Thomas asked how much they lack from having the contract completed? Mr. Gross stated that the physical work on the ground is completed. Item 14a Mayor Pro tem Boston stated that this item had been deleted. Councilman Harper asked who requested it to be deleted? Roger McKinney, Planning Director, stated that he got a call from an attorney requesting that it be removed. Councilman Harper stated that he had a five-hour conference last night with the attorney that Roger talked about. 283 Item 14a, Cont'd. Councilman Harper stated that it appears from his conversation with Ken Hines, who is requesting city blighting, that there is a misunderstanding about what he is saying about it being illegal . He stated that is illegal to declare Wichita Falls blighted; not any city. He read the following definition of blighted from the State law. "As used in this Act, the term blighted or economically depressed areas shall mean those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemploy- ment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon' s Texas Civil Statutes) , or any combination of the fore- going, the city finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety, or welfare in their present condition and use. Notice of the hearing at which the city considers establishment of an economically depressed or blighted area shall be posted at the city hall prior to such hearing." Councilman Harper stated that in talking to several lawyers, all of whom are unpaid, except one, it is their opinion that it is illegal to declare the City of Wichita Falls blighted. Ken Hines disagrees. Councilman Harper mentioned certain findings in the ordinance. He wants people to understand where he stands on this. Several lawyers agree with him. One disagrees. He requested that those people who agree with him to make their wishes known to the City Council , by letter, in the next two weeks. Councilman Wilson stated that when this comes before the Council with a resolution properly moved and seconded, there are some other comments which should be made. Item 14b Councilman Harper asked about an ordinance redefining the Fire District. He also mentioned changing the city' s subdivision ordinance concerning garbage collection. He wonders what has happened to this ordinance. Roger McKinney stated they would work with the sub-committee on the Planning Board to draft an ordinance, but Mr. Berzina wants to look at the maintenance aspect of this before it comes up for consideration. Mr. Berzina stated that he wonders what is wrong with the city streets for collecting trash? He personally favors city streets. Councilman Harper agreed. Councilman Harper also mentioned land use in subdivisions which would require a waiver of a city ordinance. Councilman Swift requested an update on the Fountain Park municipal park. City Attorney H.P. Hodge promised to have something definite on this by the next council meeting. Councilman Thomas stated that he had asked for an inventory, and there are five departments which have not complied with the inventory. He wonders where they are. Mr. Berzina stated that he will furnish them with the information. J.C. Boyd reminded the Council of the ribbon cutting at Capital Center at 1 :00 o'clock today. This is the project of Jerry Mathis. He thanked the City for their help in beautification. Sam Francis read a newspaper article pertaining to paving of Northwest Drive. Assistant City Manager Dane Bennett stated that he would discuss this with Mr. Francis. 284 Items 14c, d The City Council went into executive session at 11 :20 A.M. pursuant to Article 6252-17, Paragraph (g), of the Revised Civil Statutes. The meeting reconvened at 12:40 P.M. Moved by Councilman Harper that G'Ann Martin be appointed as a lay representative to the North Texas Library System for a two-year term beginning in September 1983, and ending in August 1985. i Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Harper that the following high school students be appointed to write a youth activities ordinance. a. Kelli Smith - Wichita Falls b. Scott Singleton - Wichita Falls c. Linda Lauch - Rider d. Billy Earnest - Rider e. Lori Lessard - Hirschi f. Karl Vaden - Hirschi g. Brenda Vieta - Holland h. Sandra Rodriguez - Holland i . Larry West - Notre Dame j. Rachel Oechsner - Notre Dame Motion seconded by Councilman Wilson, and carried unanimously. - - - - - - - - - - The City Council adjourned at 12:42 P.M. -- PASSED AND APPROVED this day of 1983. r D. ok, Mayor i ATTEST: Wilma J. Thomas, CMC, City Clerk