Loading...
Min 09/18/1984 531 Wichita Falls, Texas Memorial Auditorium Building September 18, 1984 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. Craig A. Wilson Mayor. Pro tem Thomas E. Swift X Charles Thomas X Charles Harper X Councilmen Bill Palmer X James A. Welburn X James Berzina City Manager 11. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Office Gary D. Cook Absent The invocation was given by Merrill.. Johnson, Anderson Chapel, AME. Item 3 Moved by Councilman Thomas that minutes of the meetings held August 29, September 4, and September 11, 1984, be approved with the correction of showing Councilman Wilson not being present in the room when the vote was taken on Ordinance No. 104-84, on September 11, 1984. i I Motion seconded by Councilman—Palmer,—and carried unanimously. Items 4a - 7b Items 4a, 5d, and 6a were moved to the regular agenda. Moved by Councilman Harper that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4b RESOLUTION NO. 160-8- RESOLUTION ESTABLISHING FEE TO BE CHARGED BY TAX ASSESSOR AND COLLECTOR FOR TAX CERTIFICATE;. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 4c RESOLUTION NO. 161-84 RESOLUTION TO APPROVE THE CHARGES FOR SURFACE DAMAGE TO CITY OWNED LAND BY OIL DRILLING OPERATIONS Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 532 Item 5a The bid for 1000 feet of five-inch fire hoze was awarded to Halprin Supply Company, in the amount of $8,064.13. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 5b RESOLUTION NO. 162-84 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH ARMORED ROOFING AND BUCHANAN CONSTRUCTION FOR THE REROOFING AND CON- STRUCTION OF A NEW ROOF FOR THE SECURITY ROOM OF MUNICIPAL AIRPORT. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 5c RESOLUTION NO. 163-84 RESOLUTION TO AWARD BID FOR INSTALLATION OF CHAIN LINK FENCE AT EAST SCOTT UTILITIES COMPLEX. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Items 7a, b Minutes of the meeting of the Human Relations Commission held July 24, 1984, were received. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Minutes of the meeting of the Park Board held August 23, 1984, were received. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 4a Discussion was held on a proposed ordinance authorizing a contract with Fred Mount for dead animal pickup and disposal. Councilman Harper noted that the County tabled this request because of a disagreement concerning the way the monies are divided between County and City. Moved by Councilman Harper that this matter be tabled for further study with the County. Motion seconded by Councilman Swift. Mayor Pro tem Wilson asked Mr. Mount if he had any problem with continuing on the same basis until it is worked out? Mr. Mount stated that he would continue until they get it worked out. The motion was carried unanimously. Item 5d Award of bid for a custom fire pumper was considered. Moved by Councilman Thomas that the low bid be awarded to Martin Apparatus in the amount of $126,860. 533 Item 5d, Cont'd. Motion seconded by Councilman Harper. Councilman Thomas asked where the low bidder is located? Chief Jameson stated that the company is in Houston, but they have field units from which they service their equipment. The motion was carried unanimously. Item 6a Permission was requested to advertise for bids for the Kingston-Jamaica drainage project. Moved by Councilman Harper that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Thomas. Councilman Harper stated that he assumed that this has been designed in order to get machinery in here to clean it out. Director of Public Works George Bonnett stated that it was designed for. 100 percent access to clean it out. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9b A public hearing was opened on hazardous structures. The resident (Mrs.) at 1645 Ardath complained about the appearance and structure at 1643 Ardath. The resident at 1644 Ardath complained about 1643 Ardath, stating that it is a fire hazard, , and a hazard to children in the neighborhood. It has been uninhabited for 12 years. No work has been done on it for 25 years. She stated that the owner secured it about a month ago. Floyd Stripe, 2507 Holliday, stated that he contracted to have this structure torn down, but the work was not done. He has contracted with some- one else to do it, but he cannot get to it right now. Mayor Pro tem Wilson informed him that he would have 30 days repair or demolish it. The public hearing was closed. ORDINANCE NO. 105-84 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Palmer that Ordinance No. 105-84 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9c A public hearing was opened on hazardous structures. 534 Item 9c, Cont'd. Sue Sutter, 1912 California, stated that she plans to have it torn down within 30 days. Councilman Swift commented about the property at 1314, 1316, 1318 North Second Street, shown as Wayne Wiggins, District Clerk. He asked if this is County property? City Attorney H. P. Hodge stated that he suspected this might be some property for which he is trustee. Roger McKinney stated that this property is up for a Sheriff's sale in October. They have told the County that it will have to be demolished. Councilman Thomas asked who inspects these properties? Roger McKinney replied that it is Code Enforcement officers. Councilman Palmer noted that he would hate to see us create a problem with the County. Mr. McKinney stated that the County could demolish these structures, which would make it more marketable. Mr. McKinney suggested 45 days, instead of 30. Councilman Palmer stated that would answer his concern. Glenda Newcomb, Code Enforcement Officer, stated that as far as she knows, the County has ignored their letters. They have expressed that they want the City to tear it down. She would like a way to make them pay for it. She was told by one person that they were throwing the letters in the trash when they got them. They were first notified June 8, 1984. Councilman Palmer stated that he withdraws his concern about the County. Mrs. Newcomb and Mr. McKinney noted that the letter to the County was signed for by Beverly Pendley in Mr. Wiggins' office. Mrs. New- comb stated that Mr. Wiggins told her last Friday that he was hoping the City would tear it down. Councilman Harper noted that this seems to be a subterfuge to delay this. Is there something we can do? Does our ordinance provide a vehicle which we can use? The City Attorney stated that it has been done in the past. Mr. Hodge suggested that as soon as action is taken today, they can file something on record. Mrs. New- comb stated that they file a lien on the property for the amount, which is estimated to be $5000 for all three properties. The public hearing was closed. ORDINANCE NO. 106-84 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Palmer that Ordinance No. 106-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 9a A public hearing was opened on the 90-day trial period for downtown parking meters. C. W. Muehlberger, 701 Indiana, stated that removal of the parking meters has been a stimulus to the downtown. He requested an extension of the removal of the parking meters until after the first of the year. That will give them time to evaluate the cost factors. He stated that our downtown is still better than most cities of our size in Texas. Mayor Pro tem Wilson stated that they would like for them to address how they will recover these costs. Councilman Thomas noted that Abilene, Amarillo, and Lubbock do not have parking meters. He has not seen a figure on upkeep and replacement of the meters. He does not know how we are going to determine what we are losing downtown. If we work the downtown parking, that revenue should remain the same. He feels we should have a provision to take care of someone wiping the chalk off the tire with a rag. That should be a violation of the law. 535 Item 9a, Cont'd. Mayor Pro tem Wilson stated that we have some revenues that we need to consider. Councilman Harper stated that other cities did away with parking meters to protect the tax base in other areas downtown. Taxes from increased business downtown create more revenue than parking meter revenue. Mr. Muehlberger stated that elimination of the parking meters has pro- duced increased parking turnover downtown. The merchants requested parking meters several years ago. He stated that Abilene does not have parking meters, but they only have one retail business downtown. He further stated that he may be the only dry goods merchant downtown, which is independently owned. Mayor Pro tem Wilson stated that the problem in enforcement is that a very few who are employed downtown selfishly abuse this. The question is, who pays for this enforcement, and what benefits we receive? Councilman Harper asked Mr. Muehlberger to comment on a combination of parking meters in this area where we are having problems. Mr. Muehlberger stated that he is willing to try anything. Parking conditions need to be improved downtown. Councilman Swift asked if the merchants would condone an increase in the fine to take care of revenue for violations? Mr. Muehlberger stated that there was a lot of negative comment when it was raised to $3.00. They have to create an attitude of willingness to accommodate, and be there to serve. Councilman Thomas asked how many people come into the downtown area daily to work? Mayor Pro tem Wilson stated that the City owns some parking. It would seem that these businesses would make parking available to their employees so that the spaces would be available to their customers. Councilman Thomas knew of some instances, stating that he did not understand it. Councilman Palmer asked Bob Parker about the decrease in revenue? Mr. Parker stated that enforcement begins two hours later. Parking begins at 8:00, and no ticket can be given until 10:00. They are now recording some information on these persons who are causing some of the problems downtown. Councilman Thomas also asked about hospital meters? Mr. Parker stated that the hospital has not expressed an interest. The real problem is around Redco. Councilman Palmer asked if the people would use long-term meters if we put them in? Mr. Muehlberger stated that they would have to educate them. Mr. Parker stated that we could convert the 150 new meters to 10-hour meters for $24.00 each. Councilman Welburn stated that it would seem to him that the bulk of the animosity seems to be developing between the owners and the customers. The people playing games seems to be those who it would seem to be in their best interest to keep business downtown. The City Manager stated that from the City's standpoint we need to get some input from the owners of businesses as to what they are seeing on the streets. We need to inventory where the problems are. Councilman Welburn noted that if you are selective where you park at Sikes Center, you can walk most any place into an entry to the shopping area, with a minimal distance of about 20 feet. He also suggested that a store owner could make it clear to the employee that it is in his economic interest that the business not go out of business. Councilman Palmer stated that he knows of some offices that tell their employees to park any place they want to. He would like to see a study committee appointed on this. City Attorney H. P. Hodge mentioned the use of wet towels to wipe off chalk. He stated that it would come under the crime of obstruction of justice. It can get very expensive. He thinks the fine would probably be higher than $200. It would go into a higher court than Municipal Court. It would require testimony from someone who saw them do it. Ben Valdez appeared as owner of Green's Furniture Company. He stated that he has taken an opinion poll. One hundred percent said to leave the meters out. Realizing that there is a loss of revenue, why should the 536 Item 9a, Cont'd. downtown subsidize the parking revenue of the city? Seventeen years ago they re- quested that revenue be used to provide downtown parking. The tax base was used as an example of downtown. They are having some people come downtown that would not come there before with the meters. We have some other services that are not gener- ating the revenue to break even, yet we have the downtown that is generating revenue. We have some city services that are not generating revenue, but are costing the city. If we do not have the tax base downtown, it will have to come from somewhere else-- the residences. Some employees will not walk two blocks to park when they can park in front of their business. Not every employer is willing to ask their employees to park somewhere else, and not all employees are willing to park elsewhere. He feels there are places where cuts can be made to provide more revenue. Having the meters out has done great things for the businesses downtown. He agreed with Councilman Thomas to make a study, because whatever they decide will be a long-term decision. Dwight Cummings stated that from what he has seen regarding violations and shortcuts, it would seem that the recommendation with the most promise would be to select certain areas in town that could be controlled better by a meter. Councilman Thomas noted that he goes to the Court House every day. He noticed that the first place near Mr. Cummings' business was empty. Mr. Cummings stated that it depends on the time of day. For two hours during the day there is not a problem, but there is at other times. The public hearing was closed. Moved by Councilman Thomas to extend the study of this through the Christmas season to the first of the year, and to get correspondence from other cities on why they have done away with meters. Motion seconded by Councilman Harper. Councilman Swift suggested an additional $1.00 on each ticket as a middle ground at this time. Bob Parker stated that we lack $29,000 from breaking even downtown. The motion was carried unanimously. Mayor Pro tem Wilson appointed Councilmen Swift, Palmer, and Welburn to study additional data to see how they could offset the loss of revenue. Councilman Thomas challenged the downtown merchants to see if they could open up another two businesses to offset these revenues. Mr. Cummings asked about additional meters? Mayor Pro tem Wilson stated that this committee could address this, also. Councilman Palmer stated that they will try to get something in the next two weeks. Item 8b The public hearing was opened on the annual budget. Henry Dvorken appeared as Chairman of the Wichita Falls Arts Commission, stating that he wrote a letter to the City Manager in May of last year on where the Arts Commission will be going this year. The response was that if additional information was needed on his request, he would be contacted. They have not been contacted. He stated that they are a volunteer group helping the Council make these decisions. He understands that these funds come from hotel/motel tax. They have received a grant request for $85,000. They just recently completed a very fine movie to promote Wichita Falls. Several artistic endeavors were noted in this movie. With the ex- ception of the Symphony, we are reducing funds from these artistic endeavors proposed in the movie. Mayor Pro tem Wilson apologized for any lack of communication with that group. It is difficult for us to contact everyone involved in these requests. Time presents a problem. It is a matter of trying to establish priorities. Councilman Thomas noted that all local media carried notices of these meetings. Mayor Pro tem Wilson stated that in the past there have not been enough requests for the funds available. Mr. Dvorken believes that the amount of money for the arts should not be reduced this year, but should be increased. 537 Item 8b, Cont'd. Councilman Harper asked about the percentage of money collected for the arts? The City Attorney noted that the law says at least one percent shall be for public and promotional activities for the City. For the arts, it says that no more than one percent may be used. Mr. Dvorken did not feel that this is the year for their budget to be cut. If we get tourists for the City, and there are no arts for them to see, what good is it? Councilman Thomas asked if other cities charge their entertainment to the city? Mr. Dvorken did not know, but perhaps he could find out. Council- man Thomas stated that union labor was involved in the Auditorium in the operation of curtains, etc. , and it seems that all they did was be there. City Manager James Berzina stated that during the last year the hotel/ motel fund has gone rather stagnant. He would have to say that one of the prime considerations was to get some funds into the agency that would cause that fund to increase. Councilman Thomas stated that we need a real conven- tion center. The public hearing was closed. ORDINANCE NO. 107-84 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND ENDING SEPTEMBER 30, 1985, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY. Moved by Councilman Harper that Ordinance No. 107-84 be passed. Motion seconded by Councilman Welburn. Councilman Palmer stated that he would like to give Mr. Dvorken's comments more consideration. Mr. Berzina stated that he might get a list of things they could fund. Mr. Dvorken stated that the screening committee would meet soon, and that perhaps they should move up their recommendations next year prior to the time the Council considers the budget. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 8a ORDINANCE NO. 108-84 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1984-85 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY. Moved by Councilman Palmer that Ordinance No. 108-84 be passed. Motion seconded by Councilman Welhurn. Councilman Harper asked about the final total of the budget, and also the income. The City Manager explained that the expenditures totaled $41,148,000, and that the revenues balance with the expenditures, with the exception of the water and sewer, and sanitation funds. The rate was returned back to the previous tax rate to take in the same amount of money. 538 Item 8a, Cont'd. Councilman Harper asked if there is anything that is a real need for the City that we have skimped on? Mr. Berzina stated that the budget was submitted at about 71 cents. There will never be a day that you cannot generate more revenue and more programs. He thinks there are enough programs and projects that will keep them busy this next year. Capital improvements will be prioritized during this fiscal year. The water treatment capacity will be considered. Councilman Thomas commented that the engineering report is on hold until we come up with some money. Councilman Harper stated that he knows that state law is such that we cannot pay them first, and reimburse ourselves out of the bond funds. With this situation, we need to get on with getting the bonds sold so they can proceed. Councilman Harper expressed concern that we do not set a lower tax rate just to do so, when there are some things we really need. Mayor Pro tem Wilson stated that the Kingston-Jamaica project is a good example. He appreciates the work done on this by the staff. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 8c The public hearing was opened, and closed on general revenue sharing. No one desired to be heard. ORDINANCE NO. 109-84 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Councilman Thomas that Ordinance No. 109-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 10a ORDINANCE NO. 110-84 ORDINANCE AMENDING SUBSECTION (D) OF SECTION 10 OF APPENDIX A (COMPREHENSIVE SUBDIVISION ORDINANCE) OF THE CODE OF ORDINANCES TO ALLOW DISCRETION IN CON- TRACTING FOR WORK IN WHICH THE CITY WILL CONTRIBUTE A PORTION OF THE COST. Moved by Councilman Thomas that Ordinance No. 110-84 be passed. Motion seconded by Councilman Palmer. Public Works Director George Bonnett stated that this is basically a housekeep- ing change. When a developer makes a request, they try to look ahead and see what future requirements will be. He explained the reason for this request. We eliminate a difficult situation where the contractor would need to have two contractors on the job for a water main. He believes they have cleaned up the situation where a con- tractor has to wait on the city to change a main. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 539 Item 10b ORDINANCE NO. 117_-8C• ORDINANCE WAIVING A PORTION OF SECTION 14-49, PARAGRAPH E OF THE CODE OF ORDINANCES FOR THE ELECTRICAL PORTION OF THE IRRIGATION SYSTEM ON THE FRONT NINE HOLES OF WEEKS PACK GOL-' COURSE. Moved by Councilman Thomas that O-rdina.nce No. 11.1-94 be passed. Motion seconded by Councilman Harper. Councilman Harper noted that there are all kinds of situations where you could have direct burial. The city code requires conduit. Councilman Palmer wondered why the City code would be more strict than the State? Councilman Harper stated that he felt it was because of a down-grading of the national code. Mayor Pro tem Wilson stated that he expects the Electrical Board to make these recommendations to us so we can keep our codes up to date. Council- man Harper suggested to Mr. Bonnett that we consider going to standard codes, and that they be brought up to date every year. Councilman Welburn asked why we are just now finding out, and why he would not do what we asked him to? Mr. Hursh stated that the contract pro- vides that the contractor should check and make sure it conforms with the code. Most of the cable was in the ground before he got his electrician. Councilman Swift stated that he believes this is a flagrant violation in accordance with normal bidding situations. Fie did not install it according to specifications. Councilman Welburn stated that we are still not minding the store. The public interest would have been served much better if we had had this discussion prior to this. Mr. Berzina stated that there is a history to this. We let the contract. In the specs it said it would meet city code. The Parks people inspected it, who are not electricians, either. The contractor was told that he needed to get an electrician. It wasn't until about three weeks later that he complied with that request. The electrician stated that it does not meet city code. One option would be to tear it all up, and have boxes above ground all over the golf course. In talking with the electricians we may be in as good a situation either way. If you accept the project, it calls for a longer main- tenance contract. Councilman Thomas asked if in bidding other jobs, who is going to handle the engineering type jobs? Mr. Berzina stated that the more centralized we can become, the better off we should be. Councilman Thomas noted that we have an engineering staff that knows all about these situations. Parks does not know anything about electricity and conduits. Councilman Thomas further stated that the electrical inspector did not know about the job until the contractor called him. Councilman Swift stated that the back nine is due to be done in a similar manner, and asked how it will be done? Mr. Berzina stated that we know of none who have conduit. It needs to be looked at. Councilman Thomas stated that you would not want to do without conduit in a heavy commercial public facility. Earl Potts, Building and Code Administrator, stated that there are several things in the electrical code that are in conflict with the national code. We could still make the change in this particular situation that would not delete the other requirements. He stated that if you have UL listed cable for under- ground use, he sees no reason to put it in conduit. In some areas, such as patio lights, they do not require conduit. He sees no problem in going with this, in this case. In this case, the contractor did not take out the permit until several weeks after the job started, and he did not install it according to the code. There are several things in the local code that they will be bringing to them later. Boyd Curtis stated that all of this was done through them not knowing. They did Edgemere and Hamilton Parks without a permit. He stated that he called the inspector about changing an electrical connection, which was approved. The inspector asked who was doing the work, and Mr. Boyd stated that he was. The inspector sent Mr. Hursh a letter. There is only one place where it mentions conduit, which was under the bridge. They are putting this I 540 Item 10b, Cont'd. in golf courses throughout the United States without conduit. They just put one in the Country Club with the same kind of wire. This was not done willfully and know- ingly to try to profit. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 10c ORDINANCE NO. 112-84 ORDINANCE REAPPROPRIATING FUNDS BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND FOR THE PURPOSE OF PURCHASING A FIRE TRUCK Moved by Councilman Harper that Ordinance No. 112-84 be passed. Motion seconded by Councilman Welburn. Councilman Harper asked if we are ready to fight a chemical fire on Broad or Holliday? Fire Chief Jameson replied that he wished he could say "Yes", but they are working on it. They are starting a class next week on hazardous material, with a special team. The City, County, and Sheppard Air Force Base are working jointly on it. Councilman Thomas agreed that we need to address this with the County. Chief Jameson has ordered a lot of material for this. There is also a new truck in the budget. Councilman Harper expressed that we need a mutual agreement with Clay and Archer Counties, as well as with Wichita County. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item lla Discussion was held on a proposed resolution providing for a contract for adjustment of fleet liability and general liability claims. A motion was made by Councilman Palmer, and seconded by Councilman Welburn, that the resolution be approved. Risk Management Administrator Mark Wilson mentioned a situation where there was a slowness with GAB Business Services, Inc. responding to their claim. Also, another case where we damaged certain property, and three weeks later the matter was still on the desk of GAB. Regarding Crawford and Company, this is not neces- sarily a low bid. They are quoting a per occurence charge, or a per claimant charge. Sometimes a sanitation vehicle will blow a hydraulic line that will blow over 15-20 vehicles, and this represents 15-20 claimants. He had stipulated in his letter the type of quoting they should address. He asked for a straight per occur- ence. GAB was the only one willing to quote a straight per occurence. There was a compromise by a limit of three claimants. After the three, it was specified a $100 limit. Councilman Thomas stated that there were several independents in town who were not contacted. He asked what track record we have that Underwriters is better? Mr. Wilson stated that he did not have a track record. His dealings showed that they were very timely in response. Mayor Pro tem Wilson stated that the time element was not covered in the contract. It seems he has not covered all his bases. There is no way he can determine which figure is better on the bids. Councilman Harper asked how many occurences we have? Mr. Wilson stated 100 fleet, and 10 general liability occurences. Councilman Thomas stated that he feels the only way to handle it is if it could be turned over to another adjuster 541 Item Ila, Cont'd. to have it settled. He asked if we had discussed with any ex-councilman in insurance the best way to handle it? Who came up with the specifications to handle it? Mr. Wilson stated that the new contract came in negative with GAB, and was cleared through the City Attorney's office. Mayor Pro tem Wilson asked if a contract is required? If this is in the category of a professional service, why do we have the contract? Mr. Wilson stated that we are facing a trade-off. Adjusters work on a time basis. We are asking them to give us a flat rate so that we can project what it will cost us. They also want some assurance that they will not be sent all the tough ones, and someone else the easy ones. Forty-five hundred dollars was spent this year for claim service. Mayor Pro tem Wilson stated that he should approach it on a time and material basis, and if they don't do this we should not use them any more. Mr. Wilson asked who makes the determination on who gets the work? Mayor Pro tem Wilson asked if he could reach an agreement with them on a claim with several residents involved? Mr. Wilson stated that he has not tried this because of the variables involved. Mayor Pro tem Wilson asked who our underwriter uses if it runs over $100,000? Mr. Wilson stated they are using our adjuster. They do have the right to use any adjuster they want to. Moved by Councilman Thomas that this matter be tabled for further study. Motion seconded by Councilman Welburn, and carried unanimously. Mayor Pro tem Wilson believes there is no reason for a contract. He can call for an adjuster, as needed. Item llb RESOLUTION NO. 164-84 RESOLUTION TO APPROVE A CONTRACT WITH THE ENGINEERING FIRM OF BIGGS AND MATTHEWS, INC. , FOR CONDUCTING FLOW MONITORING IN CITY WASTEWATER COLLECTION SYSTEM. Moved by Councilman Harper that Resolution No. 164-84 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item llc RESOLUTION NO. 165-84 A RESOLUTION APPOINTING THE PLANNING BOARD AS THE ZONING COMMISSION FOR THE CITY OF WICHITA FALLS, TEXAS Moved by Councilman Welburn that Resolution No. 165-84 be passed. Motion seconded by Councilman Palmer. Roger McKinney stated that the Planning Board, along with a homebuilder representative, will work on it. The Zoning Commission will hold hearings and make reports and findings. Councilman Palmer felt that the Planning Board should be left intact to make recommendations. Councilman Swift believes that input from outsiders is needed. The motion was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 542 Item lld RESOLUTION NO. 166-84 RESOLUTION ACCEPTING CONSTRUCTION OF THE IRRIGATION SYSTEM ON THE FRONT NINE AT WEEKS PARK GOLF COURSE BY BOYD CURTIS CONSTRUCTION COMPANY, AND APPROVING MAINTENANCE CONTRACT WITH SUCH CONTRACTOR FOR THE ELECTRICAL PORTION OF THE IRRIGATION SYSTEM. Moved by Councilman Thomas that Resolution No. 166-84 be passed. Motion seconded by Councilman Welburn. Councilman Thomas stated that he wants to make sure the contractor understands this. Mr. Boyd Curtis stated that he agrees to the extra two years on the wiring. Mayor Pro tem Wilson asked if this is the same thing as a guarantee? City Attorney H. P. Hodge stated that in this contract he personally guarantees the electrical system for the next two years. If he fails to do it, it will be up to us to enforce it. There is no maintenance bond. Mayor Pro tem Wilson is talking about the require- ment if something goes wrong that we would be protected. Councilman Harper noted that a bonding company will not hear us. You cannot collect from a bonding company without a lawsuit. Whatever we get after we close this contract, a lawsuit will have to be filed to collect on it. He feels this is probably as good as the bond we would get. Mayor Pro tem Wilson asked Mr. Curtis if he was doing work which an electrical contractor would normally do? Mr. Curtis stated that he was, and he was sorry about it. He stated that we are talking about two connections, at $50 at the most. Moved by Councilman Harper that the resolution be amended to set up a two-year escrow interest-bearing account in the amount of $1000, which we will retain. If no claim has been made, we turn it over to Mr. Curtis at that time, with interest. Motion seconded by Councilman Thomas, and carried unanimously. The resolution, as amended, was carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 12a Bids were considered on five pickups, and one suburban vehicle. Moved by Councilman Harper that bids be awarded, as follows. a. Four z ton pickups - Morgan Dodge - $30,355.80 b. One 3/4 ton pickup - Morgan Dodge - $7,815.15 C. One Suburban - Patterson GMC - $13,198.67 Motion seconded by Councilman Swift. Fire Chief Jameson and Richard Arndt, Purchasing Agent, stated that Longhorn was contacted to bid, but he chose not to. The motion was carried unanimously. Item 13a RESOLUTION NO. 167-84 RESOLUTION TO APPROVE CHANGE ORDER #2 AND TO ACCEPT CONSTRUCTION WORK ON NORTH BEVERLY PUMP STATION Moved by Councilman Thomas that Resolution No. 167-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None 543 Item 13b RESOLUTION NO. 168-84 RESOLUTION TO ACCEPT CONSTRUCTION OF SLUDGE DISPOSAL FACILITY AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION COMPANY Moved by Councilman Harper that Resolution No. 168-84 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 13c RESOLUTION NO. 169-84 RESOLUTION TO ACCEPT CONSTRUCTION OF THE CYPRESS-TO-ALLENDALE WATER LINE BY THE BOWLES CONSTRUCTION COMPANY AND TO AUTHORIZE FINAL PAYMENT Moved by Councilman Thomas that Resolution No. 169-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Pro tem Wilson, Councilmen Swift, Thomas, Harper, Palmer, and Welburn Nays: None Item 14a Sale of property at 1101 Fisher was considered. Moved by Councilman Thomas that the property be sold to Mrs. Alta Maxwell, in the amount of $480.96. Motion seconded by Councilman Palmer. Councilman Palmer asked where this offer came from? Tax Collector Cindy Procknow stated that it is the amount of taxes owed on the property. City Attorney H. P. Hodge stated that this was purchased at a tax sale, as trustee for taxing units. When the new tax code was passed, they now have a statute that says when a taxing unit buys property they can sell it. The way he con- strues it, they intend that they can sell it the way you always could, at a public or private sale. This is differentiated by property acquired any other way. Miss Procknow stated that the school district has verbally approved it. She has not received a written response to her letter. Demolition of the building would be a condition of the sale. It is on the appraisal records at $1,000. The motion was carried unanimously. Item 14b Councilman Harper invited all to the Video Conference sponsored by Mid- western State University and the American Institute of Architects. Councilman Harper commented on a possible 43 percent increase in drunk driving arrests since the 2:00 A.M. closing. Police Major Davis will look into it. Mayor Pro Lem Wilson requested an update and comparison of police records so that they could evaluate whether this is best for the City. Linda Goelzer, of TV3, stated that these records were compiled August 1, and the 2:00 A.M. closings did not go into effect until the end of August. She got the information from the police statistician. 1 544 Item 14b, Cont'd. Syd Litteken, of the Jaycees, presented a proposal to the Council for proceeds to go to the Parks Department to provide a special area in Jaycee Park for community sponsored events, such as the chili cook-off. He also discussed the current condi- tion of Jaycee Park, which not only presents an inconvenience, but a decided hazard for the cook-off. They were told the street construction would be completed a week before the cook-off, but it is not nearly finished. Bill Hursh stated that the con- tractor assured them that they would be finished; however, he was well aware that his contract would not have run out by that time. The Jaycees stated that they sustained a $7,500 loss last year. If they had to lose $5,200 this year, they will likely cease to have a Jaycee chapter in this city. Following a lengthy discussion on the hazards, and possible solutions, it was decided that Mr. Berzina, Mr. Hursh, and Mr. Parker would meet the Jaycees out there at 2:00, and work something out to permit the chili cook-off to go ahead, as scheduled. Item 14c, d The City Council recessed into executive session at 12:40 P.M. , pursuant to Article 6252-17 Paragraph (g) , of the Revised Civil Statutes. The meeting resumed at 2:30 P.M. Moved by Councilman Harper that the following be appointed to the Mayor's Commission on the Status of Women, for two-year terms from October 1, 1984 through September 30, 1986. a. Kaye Holland - reappointed b. Carol Sinclair - reappointed C. Deborah Stevens - appointed d. Jan Stevens - appointed e. Paula Elmore - appointed f. Arvilla Pollard - appointed g. Kathey Saenz - appointed Motion seconded by Councilman Swift, and carried unanimously. The City Council adjourned at 2:32 P.M. PASSED AND APPROVED this day of , 1984. Gar Cook, Mayor ATTEST: Wilma J. Thomas°, City Clerk