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Min 04/09/1985 705 Wichita Falls, Texas Memorial Auditorium Building April 9, 1985 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 Bill Palmer James A. Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Councilman Harper. Item 3 ORDINANCE NO. 37-85 ORDINANCE ADOPTING A SYSTEM OF REPRESENTATION BASED ON SINGLE-MEMBER DISTRICTS AND A MAYOR AND ONE COUNCILMAN ELECTED AT LARGE; SPECIFYING THE TERMS AND YEARS OF ELECTION; DECLARING THE BOUNDARIES OF THE DISTRICTS; PROVIDING FOR COUNCILMEN AND THE MAYOR TO BE ELECTED BY A PLURALITY VOTE; PROVIDING AN EFFECTIVE DATE; DECLARING AND EMERGENCY. Moved by Councilman Harper that Ordinance No. 37-85 be passed. Councilman Thomas noted that the case number in the ordinance specifies only one plainiff. The City Attorney explained that "et all " means "and others. " Councilman Harper asked how a city can pass an ordinance regarding elections when it is a charter item? The City Attorney stated that this ordinance, by itself, would not change anything because you could not obviously change the charter by the adoption of an ordinance. This is just one thing that is required. The entry of a judgment in a lawsuit will put the whole thing in operation. This ordinance is subject to the judgment. Apparently the Justice Department wants us to adopt it before they act on it. Councilman Swift asked what happens if we don't adopt it? The City Attorney and Mayor Cook agreed that we would go back to square one. Mayor Cook stated that this is our agreement for this compromise plan on the City' s part. The plainiffs can submit their agreement through their attorneys. Mayor Cook further stated that if they don't agree, and the Justice Department finds it in order, they can do what they want to at that time. Mr. Hodge stated that he understands that the plaintiffs have agreed with this, except for the plurality of votes. The Justice Department will decide that issue. Councilman Harper stated that it is his understanding that when the school district got into integration that the judge drew these lines. Before any school boundary lines can be changed, they have to get permission from the federal judge. Councilman Harper asked if we are locked into this, or can it be changed in the future? Mr. Hodge stated that if the City wants to continue change in the future, it has to be cleared by the Justice Department. Mayor Cook stated that one of the reasons it is so hard to answer these questions is because we don't have a current court case on it. Austin has voted to retain their at-large system, and have received a favorable court ruling at the first level . If they pursue this through the federal court, we may have a case to answer the question, but until then we will have to rely on the Justice Department's approval . 706 Item 3, cont'd. Councilman Thomas stated that he is not totally against the ward system, but he does not see how we will continue to help the people with street paving, and for meeting places. He feels the people who will suffer are the ones who need help. He is going to vote against it for these reasons. He also mentioned assistance in the form of blighted areas, streets, overpass, etc. , from the East side. Mayor Cook stated that we do not want someone else to run our business, but we are in that situation. Since we are in the courts we will let go of our ability to address it until it is addressed in the supreme court. It will be so expensive to address it in a supreme court, that we cannot address it. He feels the compromise we have reached is an equitable one, which will let us move on in the business of the city, without it costing the city untold tax dollars to get settled. The plainiffs are going to let the Justice Department decide the matter of plurality of votes. Councilman Harper stated that the feels we are headed where we were six months ago, but what bothers him is that we want to be captain of our ship again. Councilman Palmer is concerned that the citizens of Wichita Falls have not had their input into this. Councilman Swift stated that we have spent $100,000 for nothing, and he will vote against it. Mayor Cook stated that this will allow the federal judge and Justice Department to move on, and have our election date decided. We have to address what we think will be best for the city as a whole. Councilman Harper asked about maximum and minimum time frames? Mr. Hodge stated that the voting rights act provides that when a submission is made with the Justice Department, they will act within 60 days. We are hoping to get it expedited in less than that time; hopefully in approxi- mately one month. Councilman Thomas stated that he has talked with several minorities, and he has not found any who have had any input into this, except the ones whose names we hear all the time. Mayor Cook stated that the City had public hearings. The plainiffs do not have to have to have public hearings. There was not much input. Councilman Thomas stated that we have our hands tied, and it disturbs him. Jim King asked where he can see where the lines have been drawn? He was given a map by one of the Councilmen. The wards are numbered one through five. The impact ward is number 5. Mayor Cook stated that for discussion purposes it did not have a majority of minority population, but it was considered a district which would have an impact on the election. Mr. Welburn will be representing that district. Mr. King asked how a council can do this when the person does not live in the district? He stated that he is not opposed to Mr. Welburn; he voted for him; but he wonders how this can be done. Mayor Cook stated that in a transition period the courts have issued a statement that it can be addressed in that manner. It is a matter of law. Councilman Thomas stated that this is what the plaintiffs wanted, and some of us have agreed to it. Mayor Cook stated that the map is not finalized, but is what has been proposed. Mr. King stated that what the plaintiffs have brought to the City is the biggest waste of taxpayers ' money, and is the worst disservice to the citizens of the city, and he believes it will not be beneficial to the whole city. It was noted that $24,000 is for attorneys' fees. There are other fees which will be paid. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Wilson, Palmer, and Welburn Nays: Councilmen Swift and Thomas Item 4 Discussion was held on a proposed ordinance to repeal the requirements of permits in the emergency alarm system ordinance. A motion was made by Councilman Thomas, and seconded by Councilman Welburn, that the ordinance be passed. f 707 Item 4, cont'd. City Attorney H.P. Hodge stated that in this ordinance amending the present ordinance, he has gone through and deleted all references to a permit, and made certain definitions of those in control of an alarm system. Mayor Cook asked if this is legal ? Councilman Thomas stated that if it isn't, we will have to quit mowing weeds. Mayor Cook explained the difference. He stated that we are sending a bill to these people who are shown as the person in control of the alarm, or the owner of the property. Alarms do not have to be attached. They can be set around inside, and if they do not have an outside audible system, it will not be a nuisance to the public. Councilman Thomas stated that 600 have been registered as of this morning, and he knows one company who has put in 5000, which are not registered. Some people hate for others to know that they do not have an alarm, as well as those who have them. Mayor Cook noted that response to these alarms is costing the City thousands of dollars for these false alarms. He stated that he had some questions about it originally, but he feels we have to rely on our staff for their input. He feels this Council will get the reputation that it does not always mean what it says if we continually change our minds, especially when the ordinance has not gone into effect. Councilman Thomas feels that we can change our minds if we find it needs to be done. We are trying to get away from the nuisance of the number of alarms we have to answer. Mayor Cook asked about the data base being beneficial ? Police Chief Harrelson noted that Abilene enacted their ordinance in January, 1984. They did not enforce it the first year. They have had a little problem in definitions. It is difficult to say how many will register here because of the editorials which state that the City will repeal it. We have 640 registered today. Of that number, 364 are residents, and 251 are businesses. Chief Harrelson stated that he has severe reservations if the registration is set aside. We will spend more time trying to determine ownership. They have spent a lot of time in the past writing letters, and trying to find out the owners. About ten percent of the alarms are over the limit. Abilene is now getting their ordinances going. The data base will give us the ability to have a mandatory requirement of letting us know who owns them. Councilman Thomas mentioned some people he had talked with about the alarms, stating that the data base is hard to keep up for ownership. The biggest deterent of the false alarm is the fine imposed. Councilman Thomas did not want to do away with the levy of the fine, stating that it will get their attention. The only thing he has asked for is to eliminate the registration. Chief Harrelson noted that the data base in Fort Worth was really messed up. They did not control the registration process. They have reduced their alarm rate. Councilman Thomas stated that Fort Worth had indicated that it would take a tremendous amount of additional people to handle the registration. Chief Harrelson stated that Corpus Christi is doing it with one clerk. Chief Harrelson stated that last year they made 4000 calls to 1200 businesses, and ten percent of the 1200 was over six calls to that business. He stated that the registrations were tapering off, leading up to this meeting. He feels we will have a bad ordinance, without registration requirements. Someone out of town may own the business. He wonders how much we may spend to collect the fine? The tax rolls are not available to them out there at night. If we have a data base we will have more opportunity to find someone to shut it off. Councilman Wilson noted that we charge our department heads with the responsibility of bringing needs to the Council . He stated that he is not totally comfortable with the ordinance, but he believes we should pass it. He applauds Chief Harrelson for bringing this to the Council , and for taking the heat that he will have to take. It is not perfect, but he believes it addresses the problem as well as possible. If it were not an essential element, he does not believe they would be willing to take the heat for it. Mayor Cook stated that if you send a bill without a data base, they will be in court trying to determine who is responsible. He does not think this is the best utilization of these people's time. 708 Item 4, cont'd. Fire Chief Jameson stated that his biggest problem is with false alarms, which affects him more than the police because he sends out more men and equipment. They answered 292 false alarms last year, and 123 were mechanical failures. Registration is the most important thing to the Fire Department. They must list two people to call when they have a false alarm, and also if it is monitored by a company. His goal is to know who to call . There is always the possiblity of going to two or three alarms at the same time. Last Saturday they had 75 percent of the Fire Department tied up with one fire. If we can cut down on one false alarm, it will be worth it. The fine and the penalty for not registering it will help them. Once a year they will send out renewal letters. Chief Harrelson stated that the alarm companies had trouble with registration. Chief Jameson stated that he has already noticed an improvement in the alarm companies. Councilman Thomas stated that he asked for this two or three weeks ago, but it is just now getting on the agenda. Chief Jameson stated that they are trying to do a better job with the taxpayers ' money. Both Chief Jameson and Chief Harrelson feel that this is the best ordinance we have to help the problem. Mayor Cook stated that he does not want to send signals to departments that we will not accept recommend- ations. Councilman Welburn mentioned the mechanical alarms. Chief Jameson did not want to get rid of them. Councilman Welburn stated that one of the postures of the Council is that we pass good legislation. We will accept good legislation, but not bad legislation. We have implied a considerable number of things that may or may not be completely accurate. He stated that he serves as back-up on a couple of alarm systems. Almost by the time he hears the alarm, he gets a call from the alarm company to see whether the police needs to be dispatched. Those people seem to be able to fairly accurately update these things. He feels we can do away with the registration, and not do a vast amount of disservice to the people who own them. If they repeatedly give false alarms, we will not correct that. He feels the worst thing this body could say is bring in anything, and we will rubber-stamp it. Councilman Wilson stated that this it not what he is saying. If it is something good, then it needs to be addressed. Councilman Welburn stated that he feels we probably do not need to ride over-kill . Mayor Cook stated that this was hammered out in this body for three meetings. It has been fine-tuned, and he feels it is a good ordinance. We have to rely on those cities who have this ordinance, and who have the most effective data base. There is no way it was rubber-stamped by this body. It was discussed many times. Councilman Thomas stated that this is an amendment, and not repealing it. The motion for passage of the proposed ordinance to repeal the permit requirements, failed by the following vote. Ayes: Councilmen Thomas, Harper, and Welburn Nays: Mayor Cook, Councilmen Swift, Wilson, and Palmer The City Council adjourned into a work session at 9:45 A.M. PASSED AND APPROVED this J i� day of 1985. r k, Mayor ATTEST: Wilma J. Thomas CMC, City Clerk