Min 07/23/1984 486
Wichita Falls, Texas
Memorial Auditorium Building
July 23, 1984
Items 1 & 2
The City Council of the City of Wichita Falls , Texas, met in called
joint session with the Commissioners ' Court of Wichita County on the above
date in the Council Room of the Memorial Auditorium Building at 9:00 o'clock
A. M. , with the following members present.
Gary D. Cook Mayor
Thomas E. Swift
Charles Thomas
Charles Harper Councilmen
Craig A. Wilson
Bill Palmer
James A. Welburn
James Berzina City Manager
Larry Gillen Assistant City Attorney
Wilma J. Thomas City Clerk
Fred L. Werner Chief Accounting Officer
The invocation was given by Councilman Harper.
County Commissioners present were Weldon Nix, Dod Wiley, Gordon Griffith,
and Bud Greer, along with Judge Tom Bacus.
Item 3
RESOLUTION NO. 140-84
RESOLUTION APPROVING CONTRACT BETWEEN LIFE LINE EMERGENCY MEDICAL
SERVICES AND WICHITA COUNTY, WICHITA FALLS, BURKBURNETT, AND IOWA
PARK, FOR AMBULANCE SERVICE.
Moved by Councilman Wilson that Resolution No. 140-84 be passed.
Motion seconded by Councilman Harper.
Councilman Harper asked about the location of the base station. Mike
Harmon, owner of Life Line Emergency Medical Services, stated that they still
have not heard about the location of some property the hospital has, which is
a U-shaped brick building across from the emergency room. He stated that the
only time they would be in the fire stations would be at a peak time. There
would be no quarters and no overnight staying.
Councilman Thomas asked about the policy on out of town trips when
they transfer someone to Oklahoma City or Dallas? Mr. Harmon stated that
of the four ambulances we have, one is older, but it meets all specifications,
and is licensed.
Councilman Palmer asked if they had had occasion to use an ambulance
that was not air conditioned? Mr. Harmon stated that one did go out.
Councilman Thomas stated that he was concerned that we would not have
a standby ambulance when transfers were made out of town. Mr. Harmon stated
that they would not leave the County with less than two ambulances here. If
necessary, they could call for the helicopter. Councilman Thomas asked why
they did not call the others who are doing transfers? Mr. Harmon stated they
did, but did not use it.
Councilman Thomas asked Mr. Harmon if he had a financial statement?
Mr. Harmon stated that he had given it to the City Manager. The insurance
has not been given to the City Manager. Councilman Thomas also asked if he
had paid the bills to the City for gas and lodging? Mr. Harmon stated that
he had not been presented the bill . David Varley stated that Brent Proffitt
487
Item 3, Cont'd.
should have sent the bill . Councilman Thomas asked if Mr. Harmon is paying for
the gas at the City' s cost? The City Manager stated that there is a mark-up
on it.
Councilman Swift asked about the problem with his employees? Mr. Harmon
stated that he had it worked out. Councilman Swift asked if he had promised
his employees something he could not deliver? Mr. Harmon stated they were told
specifically that they would be paid the same thing as Plumlee paid them until
they were evaluated.
Councilman Thomas asked if ambulance drivers go back to their base station,
or do they drive around? Mr. Harmon stated they go back to the station. Council-
man Thomas mentioned hearing about an ambulance being dispatched, and it took
13 minutes to respond. Discussion also centered around an ambulance being broken
down in Burkburnett. Mr. Harmon noted that one of his employees let him know
that they previously had done mostly as they pleased. Judge Bacus asked Mr. Harmon
what he intended to do about employees not checking in? Mr. Harmon stated that
he would have to counsel them, and find out what is the problem. He stated that
99 percent of his employees are a credit to his operation, and he is pleased to
have them.
Councilman Harper asked Mr. Harmon if he had insurance to cover a case of
someone being dropped at the hospital , if they are sued? Mr. Harmon stated that
he has one million dollars of malpractice insurance.
Mr. Harmon stated that they are doing well financially. They can meet the
City' s bill and still be in the black.
Councilman Swift asked how much the rates are up over Plumlee's? Mr. Harmon
stated that it averaged that they charged sixty-three ( .63) cents more per call
in the first ten days service. The rates were figured different.
Councilman Harper asked about the difference in wording of the resolution
and contract. The resolution states Life Line Emergency Medical Services, and
the contract states Michael Harmon dba Life Line Emergency Medical Services.
Judge Bacus stated that he does not believe that would be a problem.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Palmer, and Welburn
Nays: Councilman Thomas
Item 4
RESOLUTION NO. 141-84
RESOLUTION APPROVING CONTRACT BETWEEN WICHITA COUNTY, WICHITA FALLS,
BURKBURNETT AND IOWA PARK CONCERNING AMBULANCE SERVICES.
Moved by Councilman Harper that Resolution No. 141-84 be passed.
Motion seconded by Councilman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and
Welburn
Nays: None
Judge Bacus stated that he had been a member of the committee working with
Mr. Harmon, and he feels that Mr. Harmon has the best interests of the community
at heart. They received substantial recommendations as far as his ability is
concerned, and he also has consented to perform this at less cost than others.
They are concerned that he will back up what he says he will do. He feels that
we have received fairly decent ambulance service during this interim period.
They did discover that the previous ambulances had not been cared for as well as
they could have been by the previous contractor, and he does not feel we can
hold it against Mr. Harmon because of a shortage of vehicles. He had done a
good job under the circumstances. There are some rough edges that have to be
worked out. He had had to work with a new staff. His obligations under the new
contract are very specific, and they will hold him to it. Mr. Harmon stated that
he understands what Judge Bacus has said.
488
Item 4, Cont'd.
A motion was made by Commissioner Greer, and seconded by Commissioner
Nix, that the contract with Life Line be approved.
Commissioner Wiley noted that he still does not have a permanent
location. Judge Bacus explained that Mr. Harmon understands that he will
have to do this.
The motion was carried unanimously.
Judge Bacus presented the contract with Wichita County, Wichita Falls,
Burkburnett, and Iowa Park concerning ambulance service.
A motion was made by Commissioner Nix and seconded by Commissioner
Griffith that the contract be approved. The motion was carried unanimously.
The County officials left the Council meeting at 9:45 A.M. to attend
another meeting.
Item 5
Mayor Cook presented an ordinance on demolition of a hazardous building
at 2111 Garfield.
ORDINANCE NO. 85-84
ORDINANCE CLOSING HEARING AND FINDING A CERTAIN BUILDING AND/OR
STRUCTURE TO BE DANGEROUS, AND REQUIRING IMMEDIATE DEMOLITION TO
PRESERVE LIFE AND PROPERTY IN THE CITY OF WICHITA FALLS; ORDERING
IMMEDIATE DEMOLITION OF SAID BUILDING AND/OR STRUCTURE; DECLARING
AN EMERGENCY.
Moved by Councilman Wilson that Ordinance No. 85-84 be passed.
Motion seconded by Councilman Harper.
A public hearing was opened on the structure at 2111 Garfield.
Ray Barnes, owner of the property, stated that he does not believe it
should be torn down because he does not think it is of eminent danger to
the citizens of Wichita Falls. He stated that he has no record of having
received a notice dated May 10 about this property. He stated that he also
had some tenants in this property which took three months to get evicted.
When they did get them out, the property was very damaged, but the struc-
ture is sound. The porch was deliberately torn down. The foundation is
not gone. He stated that he met with Mr. McKinney, Mr. Gillen, and Mr.
Dosch, and another employee. They walked through all of it. The structure
is sound. There is some deterioration of the foundation on the outside,
but it does not affect the structure. He feels this is very short notice.
He was called last Wednesday by Mrs . Newcomb. They met out there on
Thursday. He stated that they can get some structural engineers out there.
He stated that he will tear down the porch, and board up the place. He
stated that he has a certified letter he received on May 24, but it is not
concerning this matter. It dealt with other things concerning the property.
Councilman Thomas stated that he drove by it on Saturday, and noted
that the porch needed something done.
Roger McKinney stated that two notices were given. He was notified on
May 9 by registered mail , and it was signed for by someone in his office.
Whether it be done by tenants or something else, the porch is torn down.
The foundation is constructed of slake lime and gravel , and is erroded all
the way through. He was given 60 days from May 9. It was scheduled to go
before a public hearing on August 21 , but because of the condition of the
porch it was scheduled to go before the council this morning. The porch is
still in the same condition this morning. The City was notified about the
porch on July 17 by some of the neighbors. It was noted that Pam McClurkin
signed for the letters on May 11 and May 21 . Mr. Barnes verified that Pam
McClurkin was his former employee, but he stated that he had never seen the
notice.
489
Item 5, Cont'd.
Fire Marshal Earl Potts stated that the structure is an immediate hazard.
Mr. Dosch, who is an engineer, says that as far as he is concerned, it is an
immediate hazard. He does not know how the porch got into this condition, but
he showed pictures to the Council . The foundation is of adobe construction,
and every three or four feet there are large cracks in it.
Mr. Barnes stated that the structure was vacated two months ago. Mr. McKinney
stated that he does not believe the foundation can be repaired. There are resi-
dences within ten feet on each side of this structure.
Councilman Harper agreed with what Mr. McKinney has said. He believes the
front porch was pulled down. He wondered if there was any way we can allow
Mr. Barnes two weeks to repair it? He believes it can be repaired. Mr. Barnes
stated that the porch would be taken care of immediately, boarded up, and then
they can start working on the rest of it. Councilman Harper noted that the
floors inside need some work done, and the foundation outside also needs to be
repaired.
Assistant City Attorney Larry Gillen stated that they normally have 30 days
to repair it if there is no immediate danger. If it is an immediate danger it
can be ordered demolished immediately. If they don't find it an immediate hazard
as to life and property, they must give him 30 days.
Mayor Cook stated that he is concerned about the situation we had last week,
and providing a threat to the life of a fireman. He is concerned about them
having to enter this building, or one next to it.
The Fire Marshal stated that the porch needs to be taken care of immediately.
He does not think the foundation would cause danger to a fireman. He did not
look at the structural joists, etc. From what he has seen he feels another
30 days would be all right, but it is hard to say.
Councilman Wilson stated that he believes notice has been given and received,
and it should be demolished. We should enforce the ordinance.
It was noted that Pam McClurkin signed for the notice on May 11 , requiring
him to demolish or repair.
Roger McKinney stated that the porch is an immediate hazard. The Fire
Marshal stated that if the porch is removed and it is boarded up, it would take
it away from the immediate hazard situation.
Mr. Traynham stated that he has lived on the East side of this structure for
several years. Mr. Barnes has owned the property since 1973. In the last eighteen
years there has been one coat of paint on the structure. Nothing has been done
to this property since that time. None of the property owners around there heard
any noise of the porch being torn down. He noted several things that have
happened. This house has been empty since the last of January, or February--
not two months. He stated that he is tired of it. Sewage has been run down the
ditches to dispose of it.
Mrs. Traynham stated that this is the second time this house has been red-
tagged. The tags were removed once. Rats are in the house, and kids have been
in there. School will soon be starting at Crockett. She stated that the man
was out there four minutes this morning. He never came before. She stated that
plastic was put on the windows by the tenants to keep from freezing.
Mrs. Tedford agreed with what has been said.
Mrs. Arthur Taylor stated that she lives across the street. She stated that
a black man had asked if they had seen anybody in the house; everything had been
destroyed. She stated that she told the man that they saw him take the red con-
demned signs off, and put them in his car. The man stated that Mr. Barnes told
him to do this.
Mr. Leija stated that he lives next door. He stated that it is a mess there.
There are small children living in the neighborhood. The structure is within
10-12 feet of others.
490
Item 5, Cont'd.
i
Mike Johnson, Fire Inspector, stated that this house is 15 feet from
2109 Garfield. When school starts , history has shown that there are problems
with juvenilles in the alleyways going to school . This house has been open
prior to the letter of May 10. Securing does not include putting plastic on
windows, etc. He stated that Mr. Dosch advised him verbally that the house
was an immediate hazard, and should be demolished immediately. Some of the
problems from the neighbors are not directly related to the hazard, but he
feels notice has been given, and it is an immediate hazard that something
should be done about. He stated that they had taken bids to demolish it
at the time the porch collapsed so that they could tear it down if the
Council determined it to be an immediate hazard. The bid was $2100.
Melvin McAda, Code Enforcement Officer, stated that he checked the
structure. It had broken windows, with a screen nailed over one window,
and a board nailed over another. It is accessible to anyone who wants to
go into it. We have a lot of trouble with transients getting into buildings
and setting fires. It is an immediate hazard.
Mayor Cook stated that Mr. Barnes has had ample time to correct this
structure. Pictures were taken as late as July 19. Nothing has been done.
He will support the motion on the table.
Councilman Swift asked if a red tag on a house has a date? The first
notice was put on the house on May 9, with 60 days to repair or demolish.
Another notice was put up four or five days ago. It is still on the structure.
The public hearing was closed. The owner pays for the demolition, or
a lien will be filed on the property.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and
Welburn
Nays: None
Mr. Traynham stated that he feels that Mr. Barnes will not do anything
on it since he has done nothing in more than ten years.
The meeting adjourned at 10:15 A.M.
PASSED AND APPROVED this % k day of �, 1984.
Gar <D. Cook, Mayor
ATTEST:
f r ,
Wilma J. Tomas, City Clerk