Min 10/04/1983 290
Wichita Falls, Texas
Memorial Auditorium Building
October 4, 1983
Items 1 & 2
The City Council of the City of Wichita Falls, Texas, met in regular session
on the above late in the Council loom of the Memorial Aulitorium Building at
8:30 o'clock A.M. , with the following members present.
Gary D. Cook Mayor
Thomas E. Swift
Charles Thomas
Craig A. Wilson Councilmen
Howard M. Morris
Horace 0. Boston
Charles Harper Absent
James Berzina City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred J. Werner Chief Accounting Officer
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The invocation was given by Dan Gleason, Seventh Day Adventist Church.
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Item 3
Moved by Councilman Boston that minutes of the meetings held September 20
and 27, 1983, be approved.
Motion seconded by Councilman Swift, and carried unanimously.
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Items 4a - 8c
Items 6a, 6c, and 6m were moved to the regular agenda.
Moved by Councilman Thomas that the consent agenda be approved.
Motion seconded by Councilman Morris.
Item 5a
ORDINANCE NO. 130-83
ORDINANCE AMENDING SECTION 106.3 (c) OF PLUMBING CODE TO CONSIDER
CHANGE IN SEWER TAP FEES.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 4a
JoAnn Stokes, an employee in Housing Assistance, was honored as Employee
of the Month for October. Mayor Cook presented her with a plaque and two tickets
each to a theatre and dinner.
Item 6b
RESOLUTION NO. 186-83
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
BIGGS AND MATHEWS, INC. FOR ASSISTANCE IN PREPARING PLANS, SPECIFI-,
CATIONS AND OTHER ENGINEERING SERVICES IN THE CONSTRUCTION OF ROADWAYS
AND PARKING LOTS IN JAYCEE PARK.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
291
Item 6d
RESOLUTION NO. 187-83
RESOLUTION APPROVING EXTENSION OF LICENSE AGREEMENT WITH THE DEPARTMENT
OF THE AIR FORCE, AUTHORIZING USE OF RAMP AREA AT SHEPPARD AIR FORCE
BASE FOR DRIVER TRAINING SCHOOL FOR AN ADDITIONAL FIVE YEAR PERIOD.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 6e
RESOLUTION NO. 188-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH CHILD CARE, INC. FOR PROVISION OF DAY CARE SERVICES.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 6f
RESOLUTION NO. 189-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE MENTAL HEALTH-MENTAL RETARDATION CENTER FOR
THE PROVISION OF CERTAIN SERVICES.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 6g
RESOLUTION NO. 190-83
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT
WITH COMMUNITY COUNCIL OF GREATER WICHITA FALLS, INC.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 6h
RESOLUTION NO. 191-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE COMMUNITY ACTION CORPORATION CONCERNING NEIGHBORHOOD
ACTION GROUPS.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 6i
RESOLUTION NO. 192-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR THE FAMILY
PRACTICE RESIDENCY PROGRAM.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 6j
RESOLUTION NO. 193-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE COMMUNITY ACTION CORPORATION CONCERNING THE MEALS-
ON-WHEELS PROGRAM
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays : None
292
Item 6k
RESOLUTION NO. 194-83
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE INDIVIDUAL DEVELOPMENT CENTER, INC. , FOR CONTINUA-
TION OF MAINTENANCE AND CLEAN-UP SERVICES.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
NayS: None
Item 6L
RESOLUTION NO. 195-83
RESOLUTION APPROVING A CONTRACT WITH CAROL SMITH TO SERVE AS OFFICIAL
COURT REPORTER OF THE WICHITA FALLS MUNICIPAL COURT OF RECORD.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 7a
RESOLUTION NO. 196-83
RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF HIGH PRESSURE SODIUM
FIXTURES TO BOSTICK CONSTRUCTION COMPANY.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 8a
Minutes of the meeting of the Mechanical Board of Adjustments and Appeals
held September 22, 1983, were received.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 8b
Minutes of the meeting of the Kemp Public Library Advisory Board held
September 12, 1983, were received.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 8c
Minutes of the meeting of the Planning Board held September 14, 1983, were
received.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Item 6a
RESOLUTION NO. 197-83
RESOLUTION TO ESTABLISH THE FEES TO BE CHARGED BY THE CITY TO MAKE SEWER
AND WATER TAPS AND TO PERFORM OTHER UTILITY-RELATED SERVICES.
Moved by Councilman Wilson that Resolution No. 197-83 be passed.
Motion seconded by Councilman Morris.
Councilman Wilson asked if the boring machine will bore under the road?
Jerry Gross stated that it will . He also asked about the value of the machine.
Mr. Gross stated that he believes it is about $13,000, but he is not sure.
Councilman Wilson wondered if the charge is reasonable. Mr. Gross stated that
they charge cost plus 10 percent. He believes this will help us to recoup at
least a portion or all of it. Mayor Cook stated that it is the intent of the
City to try to make charges for services to recover costs.
293
Item 6a, Cont'd.
Councilman Swift asked how this figure is budgeted? Mr. Gross stated that
they estimated how many they did last year, and what could be expected this year.
The 83-84 budget is an incremental increase of 82-83 costs, and what they can
expect in 83-84. Mr. Gross stated that he does not know how much additional revenue
this will generate. Councilman Swift asked how it got in the budget if he does
not know this?
City Manager James Berzina stated that they estimated in the budget that this
is one of the things that will be changed. They do estimate that it will produce
more revenue than last year. He does not know if it will be significant, or a
large recovery. He stated that he will provide the figures to Councilman Swift.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
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Item 6c
Discussion was held on a proposed resolution adopting Robert's Rules of Order
for City Council meetings.
A motion was made by Councilman Morris, and seconded by Councilman Swift,
for adoption of the resolution.
Councilman Wilson asked if there is a valid reason for adopting this? Mayor
Cook noted that the Charter provides for the Council to adopt its own rules of
procedure. He stated that Councilman Harper was concerned with bringing the
blighted area consideration off the table. It takes a two-thirds vote. It also
takes a two-thirds vote to adopt Robert' s Rules of Order.
Councilman Wilson stated that he believes this will become an impediment to
our exchange of information and ideas if we adopt this. He does not see that it
will serve any useful purpose.
Mayor Cook had a book on Parliamentary Law at a Glance which they have been
following, and which is not as rigid as Robert's Rules of Order. We have had good
input from the citizens and councilmen.
City Attorney H.P. Hodge stated that we have never had a parliamentarian.
We always have followed an informal procedure.
Councilman Wilson stated that he sees the possibility of playing games with
a point of order, rather than the issue.
An amended motion was moved by Councilman Wilson, and seconded by Councilman
Morris that we substitute Parliamentary Law at a Glance.
The motion failed by the following vote.
Ayes: Councilman Swift
Nays: Mayor Cook, Councilmen Thomas, Wilson, Morris, and Boston
The original motion on the resolution failed by the following vote.
Ayes: None
Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Mayor Cook requested that they work with Mr. Hodge and Councilman Morris to
bring a revised, modified method of procedures which they can follow, and everyone
have a copy of.
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Item 6m
RESOLUTION NO. 198-83
RESOLUTION CREATING THE TEXAS SESQUINCENTENNIAL COMMISSION.
Moved by Councilman Morris that Resolution No. 198-83 be passed.
294
Item 6m, Cont'd.
Motion seconded by Councilman Swift.
Mayor Cook explained that this Commission will be a working commission.
Mayor Cook moved an amendment to Section 2, which was seconded by Councilman
Morris, that the Commission shall consist of not less than eleven, nor more than
twenty-one members who shall be confirmed by the City Council , and that the City
Council shall appoint the Chairman and Vice-Chairman.
The amendment was carried unanimously.
The original motion, as amended, was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
Mayor Cook stated that applications will be taken, and the commission
advertised.
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Item 9a
Mr. Al Vergauwen appeared regarding proposed blighted area designation on
a tract of land as Deaton and Waggoner Blighted Area No. 1 .
Mayor Cook asked Mr. Vergauwen if his project would qualify under the
industrial revenue bond program? Mr. Vergauwen stated that Ray Clymer contacted
Austin, and as the project is laid out, it would not qualify as a whole. Parts
of it would qualify. The racquet and tennis clubs will not qualify because they
are memberships. He is hoping to start these clubs first, and he believes the
rest of the project will fall in place. The first phase would not be approved
under industrial revenue bonds. He will do the projects that do not qualify
with private funding.
Mayor Cook asked Planning Director Roger McKinney if this census tract falls
in the definition of a blighted area? Mr. McKinney stated that some of the
factors here are not as good as some of the other areas but it could qualify.
The public hearing was opened on designation of this tract of land as a
blighted area. No one desired to be heard, and the hearing was closed.
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Item 10a was deleted from the agenda.
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Item 10b
RESOLUTION NO. 199-83
A RESOLUTION DESIGNATING A TRACT OF LAND AS DEATON & WAGGONER
BLIGHTED AREA NO. 1 .
Moved by Councilman Wilson that Resolution No. 199-83 be passed.
Motion seconded by Councilman Morris.
Councilman Swift asked how close is the present so-called blighted area to
this property? Roger McKinney stated that the closest area is the midtown area,
which does not go past Brook Street. Mr. McKinney further stated that sport
facilities were not eligible for tax exemption under the Industrial Revenue
Commission. He stated that he does not know the definition of a sports facility.
Mr. Vergauwen stated that it would have to be looked at piece by piece. It is
very undefined. Mayor Cook explained that there are other steps that Mr. Vergauwen
will have to go through before the money is available.
Councilman Boston asked can he not determine the answer to the definition
of a sports complex before passage of this resolution? Mayor Cook stated that
he believes Mr. Vergauwen will have to submit an application to the Commission.
Councilman Thomas asked if the Planning Department feels that it is in a
blighted area? Mr. McKinney stated that he thinks it could, but the Texas
Industrial Commission will have the final say. Councilman Wilson stated that he
295
Item 10b, Cont'd.
believes it meets the criteria on the basis he has used, not including the
Morningside tract.
The motion for passage of Resolution No. 199-83 was carried by the following
vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
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Item 10c
A proposed resolution was presented calling public hearings on certain
annexation proceedings. A motion was made by Councilman Thomas, and seconded by
Councilman Morris, for discussion.
Councilman Thomas stated that we have a report which we received from this
committee on August 10, and he would like to pass on this today, and come back
later with an ordinance adopting the recommendations of this committee. He sees
no reason for us to start into the annexation procedure if we are going to adopt
the recommendations of this committee who worked with the different industries.
Mayor Cook asked Mr. McKinney if there are other areas involved that are not
a part of the industrial areas? Mr. McKinney stated that there are some residences
in the Certainteed tract area that would be an island surrounded by city limits.
Most of these areas are owned by realtors. He would not recommend that any other
areas be brought into the city limits if they are going to renew the contracts
with the other entities.
The motion failed by the following vote.
Ayes: None
Nays: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
The staff was instructed to prepare proper documents to begin renewals of
annexation agreements in accordance with the report presented to the Council .
Mayor Cook expressed appreciation for the work done by this committee,
consisting of Ray Clymer (Chairman) , Harold Jones, Jim McDonald, and George Adams.
Jim Maloney, with PPG, stated that they appreciated the committee's work
with them. He stated that their ability to attract new business to the plant in
Wichita Falls depends on their cost situation. Some of the other plants are in
a much better position from a cost standpoint in regard to taxes. The agreement
offered them was an incentive to come to Wichita Falls, but we realize that taxes
need to be increased now, and this will increase them about 90 percent. They
have announced an expansion of their facility, and it does give them more diversity
in their glass products. They compete with other plants for capital . They can
tell the corporate officers that they live in a community that supports them, and
they appreciate it.
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Item Ila
Moved by Councilman Wilson that the bid for annual requirements of auditorium
stores, office supplies, binders, and paper be awarded as follows.
a. Wilson Office Supply - $12,502.14 (office supplies)
b. A-1 Quality Business Machines - $1 ,337.15 (binders)
c. Nationwide Paper - $1 ,959.84 (envelopes)
d. Nationwide Paper - $6,482.70 (paper)
Motion seconded by Councilman Morris, and carried unanimously.
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Item llb
RESOLUTION NO. 200-83
RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF IRRIGATION AND LANDSCAPING
OF THE TRANSFER STATION.
296
Item llb, Cont'd.
Moved by Councilman Boston that Resolution No. 200-83 be passed.
Motion seconded by Councilman Swift.
Councilman Thomas asked if Crape Myrtles cost $100 each? Mr. Bill Hursh,
Parks Director, stated that they do, but they are 8-foot trees, and are guaranteed
for one year. He showed the plans for the area to the Council . Mayor Cook
noted that this is a continuation of a commitment made to the citizens that this
would be completed in an acceptable manner.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
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Item 12a
RESOLUTION NO. 201-83
RESOLUTION APPROVING THE FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF
THE WATER TREATMENT PLANT IMPROVEMENTS, CONTRACT I , SECTION II .
Moved by Councilman Thomas that Resolution No. 201-83 be passed.
Motion seconded by Councilman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Morris, and Boston
Nays: None
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Item 13a
Moved by Councilman Thomas that authority be granted to advertise for bids
for the 1983 heater scarification project for certain city streets.
Motion seconded by Councilman Morris, and carried unanimously.
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Item 14a
Moved by Councilman Thomas that the request of Mr. R. U. Flatt for water
service outside the city limits (City View Lane) , be approved.
Motion seconded by Councilman Morris, and carried unanimously.
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Item 14b
No other business was presented.
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Items 14 c, d
The City Council recessed at 10:00 A.M. for an executive session pursuant
to Article 6252-17, Paragraphs (g) and (e) of the Revised Civil Statutes. The
meeting reconvened at 12:20 P.M.
Moved by Councilman Morris that Dale Terry be appointed Chairman and Joe
Stearns Vice-Chairman, for the Texas Sesquicentennial Commission.
Motion seconded by Councilman Wilson, and carried unanimously.
Moved by Councilman Morris that the following be appointed to the Mayor's
Commission on the Status of Women for two-year terms beginning September 30, 1983
to September 30, 1985.
297
Items 14c, d, Cont'd.
ia. Marilyn Joyce Davis -e. Sandrea Marvel
b. Royce Ann Martin -f. Gregg Merkle
. c. Katherine Fisher g. Dorothy Roberts
, d. Katherine Hull h. Helen Wall
Motion seconded by Councilman Wilson, and carried unanimously.
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The City Council adjourned at 12:22 P.M.
PASSED AND APPROVED this day of (0�z-�t 1983.
Co Mayor
ATTEST:
Wilma J. Thomays, CMC, City Clerk