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Min 11/15/1983 314 Wichita Falls, Texas Memorial Auditorium Building November 15, 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 Councilmen Craig A. Wilson Horace 0. Boston James Berzina City Manager H.P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred J. Werner Chief Accounting Officer Howard M. Morris Absent The invocation was given by Jim Hance, Edgemere Church of Christ. - - — — — — — — — — Item 3 Moved by Councilman Thomas that minutes of the meeting held November 1 , 1983, be approved. Motion seconded by Councilman Boston, and carried unanimously. Items 4a - 7a Items 4a, 4d, 5a, 6a, 6b, and 6c were moved to the regular agenda. Moved by Councilman Thomas that the remaining items on the consent agenda be approved. Motion seconded by Councilman Swift. Item 4b ORDINANCE NO. 142-83 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A TEN (10) I FOOT WIDE UTILITY EASEMENT IN LOT 40, McKENZIE REPLAT OF BLOCK 8 AND PART OF BLOCKS 7 AND 9, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 4c N ORDINANCE NO. 143-83 II ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT i NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 5b RESOLUTION NO. 223-83 J RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FIRST WICHITA NATIONAL BANK FOR MICROFILM SERVICES FROM PRINT IMAGE DATA PROCESSING TAPES. i I j I� 315 Item 5b, Cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston f Nays: None Item 7a The request of Fred Werner, Chief Accounting Officer, for permission to waive Code Section 2-9 (b) (1 ) and (h) for removal and discard of records beyond seven years, was approved. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 4a ORDINANCE NO. 144-83 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO ESTABLISH THE POSITION OF ASSISTANT FIRE CHIEF, AND INCREASE THE NUMBER OF FIRE CAPTAINS. Moved by Councilman Harper that Ordinance No. 144-83 be passed. Motion seconded by Councilman Thomas. Councilman Harper asked Fire Chief Jameson why this was being done? He stated that he had received some phone calls from some firemen, stating that the Fire Department was this way a long time ago; that it didn't work well ; a suit was filed, and it was changed. Chief Jameson stated that at one time they had a captain over all eleven stations. They closed the stations down to seven, and they reduced the captains, and it stayed this way. They are now back up to nine stations, and he does not have a captain over each station. He was not aware of any suit. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 4d ORDINANCE NO. 145-83 ORDINANCE AMENDING SECTION 12-9 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS: PROVIDING FOR SEVERABILITY. Moved by Councilman Wilson that Ordinance No. 145-83 be passed. Motion seconded by Councilman Swift. City Attorney H.P. Hodge stated that a substitute ordinance had been provided to keep parking violation warrant fees at $7.50. He requested that the Council consider adopting this ordinance in this form. Moved by Councilman Wilson that the ordinance be amended, as described. Motion seconded by Councilman Swift, and carried unanimously. The motion for passage of Ordinance No. 145-83, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None i 316 Item 5a RESOLUTION NO. 224-83 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN ANNUAL CONTRACT WITH JOHNNY SIMMONS, TENNIS PROFESSIONAL AT HAMILTON PARK TENNIS CENTER. Moved by Councilman Thomas that Resolution No. 224-83 be passed. Motion seconded by Councilman Swift. Councilman Thomas asked if we would put this out for bid, or what input do they have for renewing contracts? City Manager James Berzina stated that this comes to the Council as a recommendation. It is a continuation of the same type of program which we now have. Unless something changes, such as unsatisfactory work, it will continue to come before the Council . Councilman Thomas noted that perhaps a contract should come up a month in advance so they will have an opportunity to review it if it is necessary. When the Council only sees it three or four days in advance, it does not give much time for review. Parks Director Bill Hursh agreed that that is a good idea, but it dealt with personnel , and the work had been satisfactory. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 6a Permission was requested to advertise for bids for playground improvements in Hamilton Park. Moved by Councilman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Harper. Parks Director Bill Hursh stated that they fell several thousand dollars short in constructing a racquetball court. An outside facility would be limited. It would take $30,000 to light it, and put substantial footing under it, along with some type of cover. He stated that they can possibly salvage some of the equipment located at the north end of Weeks Park. Some equipment would be purchased, and some salvaged from other locations. This would give more family activities in the park. Councilman Wilson recommended that we advertise for bids, but ask for a recommendation of the Park Board before we act on the bids. Councilman Harper asked what we could do to keep cars from driving across Lucy Park? Mr. Hursh stated that they are in the process of constructing barriers. It won't, however, stop motorcycles. They plan to fence off several of these other areas. The motion was carried unanimously. Item 6b Permission was requested to advertise for bids for construction of roadways and parking at Jaycee and Kiwanis Parks. Moved by Councilman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Wilson. Councilman Thomas asked if we are going to curb this area? Mr. Hursh stated that we are. This is another way to control traffic in those areas. Councilman Thomas asked about the street involved? City Attorney H.P. Hodge stated that they are having a lawsuit to try to get it resolved. It comes down through the old Hughes Estate. 317 Item 6b, Cont'd. Councilman Harper noted that curb is $5.00 per linear foot for both sides of the street. He asked that a concrete alternate be included in the bid. The motion was carried unanimously. Item 6c Permission was requested to advertise for bids to renovate the police juvenile detention facility. Moved by Councilman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Boston. Councilman Thomas stated that he remembers allocating the money, but he does not remember choosing an architect. He wonders if the ones who tore up the facility have any responsibility in the repair of it? Police Chief Harrelson stated that the County prisoners were as much responsible as any others. They did not bill the County. We are responsible for the young people who go into the facility. He also stated that he would check concerning issuance of the contract to the architect. Plaster ceiling will be replaced with steel , and lights and air conditioning vents will also be replaced. The motion was carried unanimously. Item 8a ORDINANCE NO. 146-83 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 4 OF THE CODE OF ORDINANCES CHANGING THE METHOD OF MEASURING DISTANCES BETWEEN ALCOHOLIC BEVERAGE DEALERS AND RESIDENCES AND CHANGING THE PERCENTAGE OF OWNERS OF RESIDENTIAL PROPERTY REQUIRED TO SIGN A WAIVER. Moved by Councilman Harper that Ordinance No. 146-83 be passed, providing that 100 percent of residential property owners within 300 feet of the location sign a waiver. Motion seconded by Councilman Swift. Councilman Swift stated that he is in favor of it as long as it is 100 percent participation, and no deviation to it. He wants it made perfectly clear that as far as he is concerned, there will be no deviations from it hereafter. City Attorney H.P. Hodge pointed out that a residence could be pretty close to the place selling alcoholic beverages if they measure from front door to front door. City Manager James Berzina noted that a house could be right behind a business, and clarified that we would go around the block to measure, even though it might be only 50-60 feet from the back door. It was pointed out that under this ordinance, Jimmy Kouri would qualify. Councilman Swift asked if this parallels the State? Roger McKinney stated that it does. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Councilman Wilson asked who would be responsible for monitoring the sales? City Attorney H.P. Hodge stated that reports are submitted to the City Clerk, and if it does not look right, then she submits it to him. He pointed out that the reports are sworn to. Councilman Wilson asked if anything else comes with each report? He suggested that the City Clerk could perhaps require an affidavit from the accountant, furnishing the basis for the guidelines used. Councilman Swift noted that certain items cannot be purchased on Sunday because they are not grocery items. 318 Item 8b i ORDINANCE NO. 147-83 ORDINANCE DISANNEXING APPROXIMATELY 20.117 ACRES OF LAND OUT OF WASHEX SUBDIVISION, BLOCK 1 . Moved by Councilman Thomas that Ordinance No. 147-83 be passed. Motion seconded by Councilman Harper. Councilman Thomas clarified that we do have the correct data. City Attorney H.P. Hodge stated that he talked with Mr. Bruce, Vice-President and Operations Manager, regarding the field notes. He also talked to Mr. Biggs, who stated that it included a 200-foot strip along the highway, and we do not want to disannex this. The field notes were revised, and this is now the whole tract of land except the 200-foot strip along the highway, and the land on which the present plant is situated. Councilman Harper asked if it would not be a lot better to have a survey? This 'is a specific piece of land that is being disannexed, and he feels it would be very important to have it surveyed. Mr. Hodge stated that the question in his mind is whether the methodology used by Mr. Biggs is proper? Councilman Wilson stated that the intent of the ordinance is clear. What would be the problem if the building is not located exactly where the ordinance states that it is? Mayor Cook suggested that the Appraisal District furnish a plat of where the building is located. City Attorney H.P. Hodge stated that he does not know the answer, but he would be a little uncomfortable about what the courts would do. If it ever turned out that part of the existing plant was outside this area, as soon as it came to our attention it could be annexed. Mr. Hodge suggested an amendment to state that in the event such field notes do not include any part of the present plant, the land on which such part of the present plant is located is not disannexed by this ordinance, but shall remain within the city limits of Wichita Falls. Moved by Councilman Harper that the suggested amendment be approved. Motion seconded by Councilman Boston, and carried unanimously. The motion for passage of amended Ordinance No. 147-83 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None. Item 9a RESOLUTION NO. 225-83 ' RESOLUTION TO ESTABLISH THE RATES TO BE CHARGED THE CITY OF HOLLIDAY, TEXAS, FOR TRANSMITTED TREATED WATER. Moved by Councilman Wilson that Resolution No. 225-83 be passed. Motion seconded by Councilman Harper. Gary Southard appeared as Attorney for the City of Holliday. He requested a two-weeks postponement so that they can study the rates. A lawsuit is scheduled for November 23 involving timing of implementation of a rate change. One of the problems is wording of the rate implementation. They contend that the rate change in 1982 was not timely, and it should be on or about December 1 , 1983. They have not paid the rates as passed in 1982. They are paying the old rate passed in 1975. If the court rules against Holliday, they stand ready to pay the rate implemented in 1982. They are paying at the rate of 18 cents per 100 cubic feet. The rate passed in 1982 was 46 cents per 100 cubic feet. He stated that they had a hard time understanding Mr. Nall 's language. This would raise the rate to 58 cents for the next five-year period. They would like to study the proposal further, and set up a meeting to discuss it. Mayor Cook stated that if the courts awarded in favor of Wichita Falls, the rate would be 46 cents back to February 1982, then 58 cents beginning December 1 . Councilman Thomas pointed out that Holliday is paying considerably 319 Item 9a, Cont'd. less for treated and transmitted water than the. citizens of Wichita Falls are paying for our own water. Jerry Gross, Acting Director of Public Utilities, stated that the average rate paid by the citizens of Wichita Falls is 66 cents. Mayor Cook stated that he had a meeting with Holliday's Mayor Cook, and Holliday took the position that they had a contract, and the City of Wichita Falls was not abiding by that contract, so the courts would resolve the issue. If the courts should rule in Holliday' s favor, this would insure that the rate would be in effect on December 1 , 1983. Jerry Gross stated that Holliday pays 18 cents, plus a demand charge. They are paying the rate now that was passed in 1975. Holliday agreed on a 7-year period. The 46 cent rate was effective October 1 , 1981 . Councilman Thomas stated that the. most precious asset Wichita Falls has is water. It has stumped the growth of Wichita Falls by providing these cities this water. He suggested that we go ahead with this, and let the courts decide the rate and timing. Mr. Southard stated that Texas courts are not authorized to set water rates. They are not as such going to be arguing the rate before the court next week. He stated that it is difficult for them to analyze the report, and requested an opportunity to study it. Councilman Wilson stated that. he does not believe that is the question. It is obvious that Holliday does not want to pay their fair share. Mayor Cook stated that they would be happy to work with Holliday, and would be willing to get Mr. Nall to sit down with the Council of Holliday, but it is prudent that the City of Wichita Falls act on this today. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 9b City Attorney H.P. Hodge suggested the following changes to Paragraphs 8b and c of the non-annexation contracts with PPG, Certain-Teed, Texas Electric, and John and Doris Vitek. Add to Paragraph 8b: The appraisal of all buildings and other improvements constructed on Subject Property after January 1 , 1984, shall be an amount equal to 100 percent of the appraised value of such buildings and other improvements made by the Wichita County Appraisal District when such buildings and improvements are completed; this same appraisal shall be used for subsequent years of this contract. The appraisal for any year or years when the construction is in progress shall be 100 percent of the appraised value of such buildings and improvements made by the Wichita County Appraisal District for that year or years. Add to Paragraph 8c: The appraised value of any new machinery, equipment, and other personal property, except for inventory which may be acquired after January 1 , 1984, shall be an amount equal to 100 percent of the appraised value (less depreciation allowances) of such machinery, equipment, and other personal property made by the Wichita County Appraisal District; this same appraisal shall be used for subsequent years of this contract. RESOLUTION NO. 226-83 RESOLUTION APPROVING A NON-ANNEXATION CONTRACT WITH PPG INDUSTRIES, INC. ✓ GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS. Moved by Councilman Thomas that Resolution No. 226-83 be passed, with the changes in the contract discussed by the City Attorney. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 320 Item 9b, Cont'd. RESOLUTION NO. 227-83 RESOLUTION APPROVING A NON-ANNEXATION CONTRACT WITH CERTAIN-TEED CORPORATION, GUARANTEEING ITS IMMUNITY FROM ,ANNEXATION FOR A PERIOD OF SEVEN YEARS. Moved by Councilman Thomas that Resolution No. 227-83 be passed, with changes in the contract discussed by the City Attorney. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None RESOLUTION NO. 228-83 RESOLUTION APPROVING NON-ANNEXATION CONTRACT WITH TEXAS ELECTRIC SERVICE COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS. Moved by Councilman Thomas that Resolution No. 228-83 be passed, with changes in the contract discussed by the City Attorney. Motion seconded by Councilman Harper. Councilman Harper asked exactly what we are annexing? Councilman Thomas stated that it is a sub-station. Councilman Swift asked why we gave this up? Councilman Thomas stated it was because of the others. Councilman Swift noted that the others are not a public utility. Councilman Thomas stated that this is in a large block of land, and there is no money to put facilities out there at this time. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None RESOLUTION NO. 229-83 RESOLUTION APPROVING A NON-ANNEXATION CONTRACT WITH JOHN R. VITEK AND DORIS J. VITEK, GUARANTEEING IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS. Moved by Councilman Thomas that Resolution .No. 229-83 be passed, with changes in the contract discussed by the City Attorney. Motion seconded by Councilman Swift. Councilman Wilson asked concerning the value of machine and personal property equipment, and what will be the basis for the allowances? Fred Werner, Chief Accounting Officer, stated that the Appraisal District makes their own computations. Councilman Harper asked if Vitek and Texas Electric were in the conference? Mayor Cook stated that they were not, but it was discussed all along that there were four involved. He is not aware that they talked to them. Councilman Thomas stated that they were contacted, but they were not involved in the discussions. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 9c l RESOLUTION NO. 230-83 RESOLUTION AUTHORIZING CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE LAND FOR LANGFORD LANE RIGHT-OF-WAY. 321 Item 9c, Cont'd. Moved by Councilman Wilson that Resolution No. 230-83 be passed. Motion seconded by Councilman Harper. Randy Wachsman, developer, stated that Mr. Steed' s son called him two weeks ago, and perhaps there is another owner by now. If the other owner does not work with him, he would appreciate Mr. Hodge being allowed to institute eminent domain proceedings. City Attorney H.P. Hodge stated that one of the requirements of filing a lawsuit is to secure an appraisal and attempt to make an offer to the owners. Councilman Harper asked how streets become the property of the City? Mr. Hodge explained that where the developer is developing raw land, it is his responsibility to acquire the land and dedicate it to the City. Mr. Wachsman would be required to pay the cost for this condemnation. Councilman Harper asked about assessing the property owners? Mr. Hodge stated that this might be something we might consider at a later date to the property owners on the North. Mr. Wachsman stated that he would attempt to work this out with the new property owners, if there are new owners. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 10a RESOLUTION NO. 231-83 RESOLUTION APPROVING CHANGE ORDER AND ACCEPTING CONSTRUCTION OF PARKING LOT AND PLAY AREA AT BELLEVUE PARK BY BOYD CURTIS CONSTRUCTION. Moved by Councilman Thomas that Resolution No. 231-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 10b RESOLUTION NO. 232-83 RESOLUTION ACCEPTING AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT ON CONTRACT WITH BOSTICK CONSTRUCTION CO. Moved by Councilman Wilson that Resolution No. 232-83 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None Item 10c RESOLUTION NO. 233-83 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYE"ENT TO THE CONTRACTOR FOR 1982 STREET RECONSTRUCTION AND OVERLAY PROGRAM, PROJECT 82-3. Moved by Councilman Thomas that Resolution No. 233-83 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None 322 Item lla Bob Terry, 4913 Andria Street, appeared as an employee of Jiffy Food Stores. He stated that he is concerned that 100 percent of property owners have to agree to a waiver. He stated that this would create an unfair trade situation. One person in one block can get alcoholic beverages. Another person cannot in a j store on a street a block down. At one store it takes four waivers. He has i three of them. The fourth one is a rent house owned by a doctor who will not sign. He has the same problem with another store. He has two people who will not sign. It is the same owner, and he does not live in this vicinity. Mayor Cook explained that the only way around this is to request a waiver of the ordinance before the Council . He further stated that Councilman Swift has already stated that he would not be in favor of it. Councilman Harper stated that he would like the Council to go on record, praising the Henrietta band on their band contest in Austin. He requested that Mr. Berzina prepare some kind of communication to the City of Henrietta. Councilman Thomas noted that we have the second place in senior citizens of the Council since Councilman Harper is celebrating his birthday today. Councilman Swift presented a gift to Councilman Harper - a rat trap. Items llb, c The City Council recessed into executive session at 10:30 A.M. , pursuant to Article 6252-17, Paragraph (g) , of the Revised Civil Statutes. The meeting reconvened at 12:00 P.M. Moved by Councilman Wilson that John T. Gavin and Mary I. Quinlan be appointed to the Human Relations Commission for terms beginning November 15, 1983, and ending December 31 , 1985. Motion seconded by Councilman Boston, and carried unanimously. Moved by Councilman Wilson that Captain John J. Flynn, Jr. , Irma Mascari , and William T. Barnes be appointed to the Traffic Safety Council for terms beginning December 7, 1983 and ending December 3, 1986. Motion seconded by Councilman Thomas, and carried unanimously. RESOLUTION NO. 234-83 RESOLUTION APPOINTING THREE MEMBERS TO THE WICHITA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Moved by Councilman Wilson that Resolution No. 234-83 be passed, appointing Gary D. Cook, Craig Wilson, and Tom Swift to the Appraisal District Board. Motion seconded by Councilman Boston, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, and Boston Nays: None. The City Council adjourned at 12:02 P.M. PASSED AND APPROVED this day of Cly.;, � 1983. ary D. ok, Mayor ATTEST: / Wilma J. Thoma , CMC, City Clerk