Min 12/16/1986 399
Wichita Falls, Texas
Memorial Auditorium Building
December 16, 1986
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 5:30 o'clock P.M. , with the following members present.
Charles Harper Mayor
Sandy Goff
Ruth Ann Allred
Charles Thomas Councilmen
Lindsey Walker
Ronald Buffum
Don Kirkham
James Berzina City Manager
H. P. Hodge City Attorney
Wilma J. Thomas City Clerk
Fred L. Werner Chief Accounting Officer
The invocation was given by James McCurly, West Side Baptist Church.
Charles Harper, Mayor, read a poem titled, "American Letter" .
Charles Harper, Mayor, opened and read the one bid received on oil
,and gas properties on land below the dam at Lake Kickapoo. The bid was
'from Pangaea Properties for a 59.6 acre lease. City Attorney H. P. Hodge
astated that he would discuss it with Councilman Buffum, and come back with
a recommendation for the council meeting to be held on January 6, 1987.
'a
Item 3
Moved by Councilman Allred that minutes of the two meetings held on
' December 2, 1986, and also on December 9, 1986, be approved.
Motion seconded by Councilman Goff, and carried unanimously.
Items 4a - 6d
Item 5a was moved to the regular agenda.
Moved by Councilman Buffum that the consent agenda be approved.
Motion seconded by Councilman Allred.
Item 4a
The low bid for HPS lamps and ballast kits was awarded to United Electric
Company, in the amount of $54,979.04.
Ayes: Mayor Charles Harper, Councilman Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 6a
Minutes of the meeting of the Planning and Zoning Commission held
November 12, 1986, were received.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
400
Item 6b
Minutes of the meeting of the Zoning Board of Adjustment held November 19,
1986, were received.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 6c
Minutes of the meeting of the Youth Activities Advisory Council held
December 1 , 1986, were received.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 6d
Minutes of the meeting of the Board of Electrical Examiners held
December 4, 1986, were received.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 5a
Discussion was held on refund of taxes paid twice. Councilman Kirkham
asked a question about our procedure. He stated that he pays taxes in a
smaller city east of here, and it does not happen there. Mr Werner noted
that in order to process the payment, we do not read the page. When the
computer rejects it, we send it back after the Council approved it. Councilman
Kirkham wanted to know why we take it twice? Mr. Werner stated that it
was sent to us in the mail . Councilman Kirkham stated that the other city
will not accept it, and he doesn't understand why we do.
Moved by Councilman Allred that tax refund, in the amount of $582.72,
be approved for Marie Morgan.
Motion seconded by Councilman Kirkham, and carried unanimously.
Item 7a
A public hearing was opened on an amendment to the boundaries of Re-
investment Zone Number 1 for tax increment financing, and whether to include
the hosptal district. No one desired to be heard, and the public hearing
was closed.
Item 8a
ORDINANCE NO. 100-86
(No Heading: Re: TIF, Investment Zone No. 1)
Moved by Councilman Goff that Ordinance No. 100-86 be passed.
Mction seconded by Councilman Buffum.
Councilman Buffum expressed the hope that we will not face this situation
again. Mr. McKinney stated that the field notes have been checked three
times.
The motion was carried by the following vote.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
401
Item 8b
ORDINANCE NO. 101-86
I
ORDINANCE AMENDING ORDINANCE NO. 63-85, ARTICLE III , SECTION 5-11a.
TO STATE WHEN A PERMIT IS REQUIRED TO KEEP DOGS, CATS, LIVESTOCK,
AND FOWL
Mcved by Councilman Goff that Ordinance No. 101-86 be passed.
Motion seconded by Councilman Allred.
Dr. Cox explained that this will correct an oversight in the wording
of the ordinance.
The motion was carried by the following vote.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8c
ORDINANCE NO. 102-86
AN ORDINANCE AMENDING THE CITY'S ELECTRICAL CODE BY REQUIRING
INSURANCE, DELETING THE REQUIREMENT FOR BONDS, AND PROVIDING FOR
ELECTRICAL LICENSING RECIPROCITY UNDER CERTAIN CONDITIONS
Mcved by Councilman Thomas that Ordinance No. 102-86 be passed.
Motion seconded by Councilman Goff, and carried by the following vote.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8d
ORDINANCE NO. 103-86
AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE ZONING ORDINANCE
OF THE CITY OF WICHITA FALLS, TEXAS
Moved by Councilman Allred that Ordinance No. 103-86 be passed.
Motion seconded by Councilman Buffum.
Charles Harper, Mayor, noted that somewhere down the line we are going
to have to decide what to do with this acqueduct. What will we then do
with the setbacks? Mr. McKinney stated that it would depend on when the
property was developed. The acqueduct is 50 feet wide.
Councilman Thomas asked if the property owner acquired 25 feet of the
acqueduct, could he build on it? The City Manager stated that he would
think that if it reverts back to the property owners, they could do with
it what they want to.
Charles Harper, Mayor, stated that he would not ever be willing for
the City to give up that property. It could be used for park purposes.
He noted that he knew Mrs. Thomas does not agree with him.
The motion was carried by the following vote.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
402
Item 8e
ORDINANCE NO. 104-86
AN ORDINANCE AMENDING CERTAIN DEVELOPMENT FEE REQUIREMENTS
Moved by Councilman Goff that Ordinance No. 104-86 be passed.
Motion seconded by Councilman Allred.
Mr. McKinney explained the purpose of the fees. He stated that the
annexation fees are not staff time, but legal requirements. The street
name change is rather high because of various procedures involved in it.
Councilman Walker stated that he is not in favor of inhibiting people in
this process. The problem he has is that they only see them two or three
days before it is requested. Councilman Kirkham confirmed that it would
ccst just as much to annex one lot, as a large tract.
The motion was carried by the following vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, and Allred
Nays: Councilmen Walker, Buffum, and Kirkham
Item 8f
ORDINANCE NO. 105-86
AN ORDINANCE REZONING APPROXIMATELY 121 ACRES OF LAND NORTHWEST
OF THE INTERSECTION OF NORTHWEST FREEWAY AND CENTRAL FREEWAY,
AND SOUTH OF AIRPORT DRIVE, WICHITA FALLS, TEXAS, FROM SINGLE
FAMILY RESIDENTIAL, LARGE LOT TO GENERAL COMMERCIAL AND HEAVY
INDUSTRIAL ZONES
Moved by Councilman Kirkham that Ordinance No. 105-86 be passed.
Mction seconded by Councilman Buffum, and carried by the following
vote.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8g
ORDINANCE NO. 106-86
AN ORDINANCE REZONING LOTS 1-6, BLOCK D, KEMP FAIRPARK ADDITION,
WICHITA FALLS, TEXAS, FROM SINGLE-FAMILY, STANDARD LOT (SF-2)
TO LIMITED COMMERCIAL (LC) ZONE
Moved by Councilman Allred that Ordinance No. 106-86 be passed.
Motion seconded by Councilman Goff.
Mr. McKinney explained this request. Councilman Allred asked why the
next two blocks up to Hampstead are not limited commercial , and why he did
not go ahead and correct this, and make it limited commercial ? Mr. McKinney
stated that they have not received any requests on this portion.
The motion was carried by the following vote.
Ayes: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 8h
A proposed ordinance was presented rezoning Lots 1-7 and 32-42, Block 15,
Midwestern Park Subdivision, and adjacent area, from general commercial
to single family residential , standard lot zone.
403
Item 8h (Cont. )
Moved by Councilmen Allred that this matter be tabled until the next
meeting to give the developer time to talk to the property owners.
Motion seconded by Councilman Goff, and carried by the following vote.
Ayes: Charles Harper, Mayor-, Councilmer. Goff, Thomas, Walker, Allred,
and Kirkham
Nays: Councilman Buffum
Item 8i
1
A proposed ordinance was presented rezoning the South 1C2 feet of Tract A,
Block 20, Sunset Terrace Section 2, and adjacent lards, from limited com-
mercial to general commercial zone.
Mr. McKinney explained the purpose of this rezoning request, stating
that twenty-five percent of the landowners, including a church, have opposed
this. It will require six votes for passage.
Moved by Councilman Thomas, for discussion, that the ordinance be passed.
Motion seconded by Councilman Buffum.
Robby Boseley, Minister of Beacon Baptist Church, stated that there
, was more than one negative request. One of the major reasons they objected
is because of the life of the church. They plan to build there. It will
ibe an impossible situation to exist next door to a place where alcoholic
" beverages are sold. There are already two establishments within a mile
radius that sell alcoholic beverages. Their church is presently meeting
at their parsonage at 1100 Covington Lane. He stated that Shasta Baptist
; Church is also opposed to it. Councilman Walker asked about their time
' frame for building here? Mr. Boseley stated that they have a small congre-
'jgation, and really to not have a time frame at this time. They have decided
not to start until they have a building fund, and membership to sustain it.
Councilman Kirkham stated that he drives by this property every day,
and he suggested that they use some of their building funds to keep their
property mowed during the summer time.
The motion for passage of the ordinance failed by the following vote.
Ayes: None
Nays: Mayor Charles Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Item 8j
Dr. Cox, Health Unit Director, again presented a request from Jerry
Ross to allow the keeping of livestock at 1115 Rowland Road, less than 200
feet from residences on other properties. This matter was voted on at the
last meeting, and failed. One member of the Council was absent at that
meeting.
Charles Harper, Mayor, stated that if a matter does not pass, it fails,
and it can only be brought back by those that are in the majority: Only
those who voted against passing the ordinance could bring it back. We cannot
bring it back this time unless one of the people who voted against it brings
it back. Charles Harper, Mayor, and Councilmen Allred and Kirkham voted
against it.
Councilman Buffum asked Mr. Hodge what his interpretation is of parli-
mentary procedure? Mr. Hodge stated that he would have to defer to the
Mayor, since he is the presiding officer. Councilman Buffum asked what
Mr. Ross ' option would be? Mr. Hodge stated that it is according to the
rule of the chair, and it would have to be one of the people on the prevailing
side of the vote to bring it up. He would assume the request could be sub-
mi tted to the staff, and the staff could take i t up wi th one of the peopl e
who voted in the majority.
404
Item 8j (Cont. )
Charles Harper, Mayor, stated that according to the rules, it did not
pass. It has to do with procedural matters, not Mr. Ross. Councilman Walker
stated that he likes consistency in what we do. He mentioned the Lucy Park
situation, stating that we need to set down specific guidelines. The issue
has a bearing on what we do a lot of times.
Moved by Mayor Harper that the chair be sustained on this ruling.
Motion seconded by Councilman Allred.
Mr. Berzina stated that he put the items on the agenda. The Health
Department requested it, and he put it on. Mr. Hodge stated that at the
time, he thought it was proper to put it on.
Councilman Kirkham stated that if this is Robert' s Rules of Order,
thenit should not have been put on the agenda. We need more coordination
,between staff and council . Councilman Buffum noted that the item has appeared
on the agenda. We need rules and procedures, but he would not like to deny
Mr. Ross appearing on the agenda. Councilman Thomas did not see how the
staff made the mistake of putting it on the agenda time after time.
The motion failed by the following vote.
Ayes: Charles Harper, Mayor, and Councilman Allred
Nays: Councilmen Goff, Thomas, Walker, Buffum, and Kirkham
ORDINANCE NO. 107-86
ORDINANCE WAIVING PART OF SECTION 5-47 OF ORDINANCE NO. 63-85
TO ALLOW THE KEEPING OF LIVESTOCK AT 1115 ROWLAND ROAD, LESS THAN
200 FEET FROM A RESIDENCE LOCATED ON ANOTHER'S PROPERTY
Moved by Councilman Buffum that Ordinance No. 107-86 be passed.
Motion seconded by Councilman Walker.
Councilman Thomas asked if Mr. Ross has to keep the weeds controlled
within twenty feet around his property, according to our ordinance? Mr.
McKinney stated that he would be required to keep it clear.
Mr. Ross stated that most houses set back 100 feet from his property
line. He plans to build a fence within a fence, with 25 feet around it.
He is a professional exterminator, and can keep flies, etc. , under control .
The second fence would be 125 feet away from three houses. A church is
only five feet from his fence. They have given him permission to keep his
horses there. He received no opposition from any of his neighbors.
The motion was carried by the following vote.
Ayes: Councilmen Goff, Thomas, Buffum, and Walker
Nays: Charles Harper, Mayor, Councilmen Allred and Kirkham
Item 8k
ORDINANCE NO. 108-86
ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF ORDINANCES TO ESTAB-
LISH THE TIME OF THE SECOND CITY COUNCIL MEETING EACH MONTH
Moved by Councilman Kirkham that Ordinance No. 108-86 be passed, setting
8:30 A.M. as the council meeting time on the first Tuesday, and 5:30 P.M.
as the meeting time on the third Tuesday of the month.
Motion seconded by Councilman Walker.
Councilman Buffum stated that this puts our staff in a tenuous position.
He would like to see some consideration for the staff to come in twelve
hours after they leave here.
The motion failed by the following vote.
405
Item 8k (Cont. )
Ayes: Councilmen Goff, Walker, and Kirkham
Nays: Charles Harper, Mayor, Councilmen Thomas, Allred, and Buffum
After tonight' s meeting, it will go back to 8:30 A.M. for both meetings.
Charles Harper, Mayor, noted that we could have a special meeting at night,
if necessary.
Councilman Walker stated that under his present situation, he cannot
deal with it. He has to make up all time spent away from school on city
business.
Moved by Charles Harper, Mayor, that the ordinance be reconsidered.
Motion seconded by Councilman Goff, and carried by the following vote.
Ayes: Charles Harper, Mayor, Councilman Goff, Walker, Allred, Buffum,
and Kirkham
Nays: Councilman Thomas
Councilman Kirkham stated that he feels more people have attended at
night. Councilman Allred stated that she has not seen any difference in
the night time and day time crowd, but that she had not considered that
it would affect a city council member. Charles Harper, Mayor, agreed with
Counciman Allred, stating that it is a hardship on him to meet at night.
Reconsideration of the original mction for passage of Ordinance No.
108-86, was carried by the following vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
i
Sheriff Tom Callahan was recognized by Charles Harper, Mayor.
!Item 9a
Moved by Councilman Goff that consideration of purchase of an automated
permit tracking computer system for Building Inspection Division be tabled
!until the Council has been given additional information.
Motion seconded by Councilman Kirkham, and carried unanimously.
Item 9b
RESOLUTION NO. 199-86
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH THE COUNTY OF WICHITA, STATE OF TEXAS CONCERNING
ALLOCATION OF A PORTION OF THE TAX INCREMENT TO BE COLLECTED FROM
REINVESTMENT ZONE NUMBER ONE
Moved by Councilman Thomas that Resolution No. 199-86 be passed.
Motion seconded by Councilman Allred, and carried by the following
vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas , Allred, Buffum,
Kirkham, and Walker
Nays: None
RESOLUTION NO. 200-86
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT
CONCERNING ALLOCATION OF A PORTION OF THE TAX INCREMENT TO BE
COLLECTED FROM REINVESTMENT ZONE NUMBER ONE
406
Item 9b (Cont. )
Moved by Councilman Thomas that Resolution No. 200-86 be passed.
Motion seconded by Councilman Buffum, and carried by the following
vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 9c
A proposed resolution was presented, requested the legislature to amend
centain portions of the government code relating to the Municipal Court
of Record of the City of Wichita Falls. A motion was made by Councilman
Thomas, and seconded by Councilman Goff, for itspassage.
Larry Gillen, Municipal Judge, requested that this matter be tabled
until the next meeting, stating that it will also affect County Courts at
Law in Wichita County. Judges Bacus and Hogan have expressed an interest
in making a presentation on this. Judge Gillen was concerned about the
provision of using a statement of facts prepared from mechanical , audio,
or video recordings of the proceedings, in lieu of using a court reporter' s
notes. Ed Barrett, Assistant City Manager, stated that there has been only
one time in the past year and a half that they had to use a transcript when
a court reporter was not present.
Judge Gillen stated that he is dead set against Section 30.116 of the
proposed bill , in lieu of using a court reporter' s notes. It is an attempt
to do away with the court reporter. Mr. Berzina stated that he does not
think this is what this section is saying at all . Councilman Buffum agreed.
Mr. Berzina stated that Mr. Gillen may not always be the judge, and we may
not always have a senator to get a change passed for us. He further stated
that if any one of the three parties want a court reporter, they can request
it, and get it. Charles Harper, Mayor, interpreted it the same way. Mr.
Hodge gave his interpretation. Councilman Allred agreed that the language
is not clear, because she does not read it the way Mr. Hodge read it. Mr.
Barrett stated that regardless of the method used to record the notes, we
certainly would have the option of using a certified court reporter to prepare
the transcript. The Civil Service Commission operates off a tape recorder,
which is then transcribed.
Moved by Councilman Thomas to table this matter until the first meeting
in January.
Motion seconded by Councilman Kirkham, and carried unanimously.
The City Council recessed into executive session at 7:25 P.M. , according
to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the Revised Civil
Statutes. The meeting resumed at 9:50 P.M.
Item 9d
RESOLUTION NO. 201-86
RESOLUTION AUTHORIZING THE PURCHASE OF APPROXIMATELY 6,500 ACRES
OF LAND FOR THE RINGGOLD RESERVOIR FROM H. MACON BODDY AND OTHERS
Moved by Councilman Thomas that Resolution No. 201-86 be passed.
Motion seconded by Councilman Goff.
Charles Harper, Mayor, noted that the Boddy' s still have to agree to
this proposal . This document will be turned into a contract by the city
attorney and city staff.
John Hirschi , 2009 Speedway, appeared, representing Citizens Against
Ringgold Project (CARP) . He stated that there is no need to commit funds
407
Item 9d (Cont. )
;for Ringgold at this time. He pointed out that the Wichita Falls economy
jhas serious problems today. It is a mistake to use up a substantial portion
lof our revenues at this time. The single most important thing the city
;can do now is to decrease taxes.
Charles Harper, Mayor, stated that they have looked at Lake Kemp in
the desalination process. The area ' s portion of that would be over 100
million dollars in matching funds. From the time it is desalinated, it
would take twenty-five years to clear it up, and it will take twenty-five
,years to desalinize it. The riverwalk is intended to do other than raise
taxes. What they will be doing tonight will not raise taxes. Two options
will be offered to the Boddy' s without any tax increase for either option.
He noted that AARP is pushing very hard to get this passed for the city.
Those same dreamers who wrote those things about air conditioned sidewalks
are the same people that put us where we are today. Councilman Buffum endorsed
these comments, stating that it is a good business project for the city.
The motion was carried by the following vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Macon Boddy stated that he opposed this for many years, but finally
gave up.
Item 9e
RESOLUTION NO. 202-86
RESOLUTION APPROVING SIXTH AMENDMENT OF CONTRACT WITH WICHITA
FALLS FUNLAND, INC. ON PROPERTY IN WEEKS PARK
Moved by Councilman Buffum that Resolution No. 202-86 be passed.
Motion seconded by Councilman Thomas, and carried by the following
vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item l0a
RESOLUTION NO. 203-86
RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PRO-
PERTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEEDS
Moved by Councilman Allred that Resolution No. 203-86 be passed.
Motion seconded by Councilman Goff, and carried by the following vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 10b
RESOLUTION NO. 204-86
AWARD OF BID FOR A TELEPHONE SYSTEM FOR THE CITY'S WATER COMPLEX
LOCATED AT 400 EAST SCOTT
Moved by Councilman Kirkham that Resolution No. 204-86 be passed.
408
Item 10b (Cont. )
Motion seconded by Councilman Goff, and carried by the following vote.
Ayes: Charles Harper, Mayor, Councilman Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays None
Item lla
RESOLUTION NO. 205-86
RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT
TO THE CONTRACTOR FOR COMPLETION OF THE WILEY ROAD REHABILITATION
PROJECT
Moved by Councilman Thomas that Resolution No. 205-86 be passed.
Motion seconded by Councilman Buffum, and carried by the following
vote.
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 12a
David Liles, Manager of Lone Star Gas Company, appeared in regard to
introduction of a proposed franchise ordinance with Lone Star Gas Company.
He stated that they are in general agreement with all but one section of
this franchise. Parts of Section Nine prohibit Lone Star Gas from control
of the safe transportation of gas. They want control of the service line
from the gas main to the meter. He distributed certain documents to the
Council , and proposed an alternate Section Nine to the ordinance.
Councilman Buffum confirmed that there would be no charge made by the
gas company to replace the gas line from the meter. Councilman Walker asked
who is responsible for the work now being done under the present ordinance?
Mr. Liles stated that neither the plumber or the city is responsible for
the work being done correctly. Lone Star Gas Company is responsible.
Moved by Councilman Allred that a public hearing on the franchise be
held on January 6, 1987, at 8:30 A.M.
Motion seconded by Councilman Goff, and carried unanimously.
ORDINANCE NO. 109-86
ORDINANCE GRANTING A PERMIT TO LONE STAR GAS COMPANY, A DIVISION
OF ENSERCH CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO INSTALL
OPERATE AND MAINTAIN IN THE CITY OF WICHITA FALLS, TEXAS, A PIPE
SYSTEM FOR DISTRIBUTING NATURAL GAS TO INDUSTRIAL, COMMERCIAL
AND DOMESTIC USERS IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING
THE RIGHT TO THE SAID LONE STAR GAS COMPANY TO USE THE STREETS,
ALLEYS AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE AND MAINTAIN
ITS SYSTEM OF PIPES; PROVIDING THAT THIS PERMIT DOES NOT CONFER
ANY EXCLUSIVE RIGHTS; PROVIDING FOR THE AMOUNT OF MAIN TO BE EXTENDED
FOR ADDITIONAL CUSTOMERS ADDED; PROVIDING FOR THE RIGHT OF THE
CITY TO DETERMINE TO ACQUIRE LONE STAR GAS COMPANY' S PROPERTY
AND PROVIDING FOR THE DETERMINATION OF THE PURCHASE PRICE THEREOF;
PROVIDING THAT THIS PERMIT SHALL CONTINUE FOR A TERM OF TWENTY
YEARS; PROVIDING FOR THE ACCEPTANCE OF THIS PERMIT BY GRANTEE;
REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES WITH LONE STAR
GAS COMPANY
Moved by Councilman Thomas that Ordinance No. 109-86 be introduced.
Motion seconded by Councilman Kirkham, and carried by the following
vote.
409
Item 12a (Cont. )
Ayes: Charles Harper, Mayor, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Item 12b
David Stewart appeared as attorney for Jimmy Dunn, for locating a manu-
factured home at 1615 Bland Street. The request had previously been denied
by the Planning and Zoning Commission. Mr. McKinney explained what had
previously taken place.
Councilman Goff stated that she will not be voting on this matter due
to a possible conflict of interest.
Moved by Councilman Thomas to allow the conditional use to place the
,manufactured home at this location.
3
Motion seconded by Councilman Walker, and carried by the following
' vote.
Ayes: Councilmen Thomas, Walker, Allred, Buffum, and Kirkham
Nays: Charles Harper, Mayor
Item 12c
Doris Frazier, Executive Director of the Wichita Council on Substance
;Abuse, requested funding for this organization. She stated that since
INovember 17, they have been bombarded with calls, asking for help. The
Iwar on drugs campaign is really beginning to pay off. She presented inform-
ation about the substance abuse council . She requested $25,000 from the
city.
Mr. Berzina asked how they have been funded? She stated that it has
been through grants, etc. She will look elsewhere if the City Council does
! not provide the funding. Charles Harper, Mayor, stated that the Council
'will be talking about this. Councilman Buffum stated that they have put
together a proposal to develop a detoxification center in Wichita Falls.
He explained how this facility works in other cities. The bottom line is
$265,000. A proposal for funding has been presented. The facility will
be located in the Salvation Army barracks on Seventh Street. Finding the
dollars is the first thing needed. Charles Harper, Mayor, commended Councilman
Buffum on the thoroughness of the report he presented to the Council . He
asked the staff to figure what our costs for the city are. Councilman Walker
noted that it seems this is operating out into the County, asking if these
people are involved?
Mr. Berzina stated that anything the Council considers funding at this
point, they need to consider what they will cut. He believes the City to
be more in a coordinating business, as opposed to a funding business. Council-
man Buffum agreed. He does not want it construed that they are back in
the funding business, and he does not believe they are.
Mayor Harper asked about the requirement for handicapped ramps. He
also wonders if the Council is ready to consider collecting trash in plastic
bags. He requested that the City Manager bring back an ordinance on it.
Councilman Walker asked if we had received a request concerning closing
hours in bars? Charles Harper, Mayor, stated that a petition of ten names
was presented to him, but he has not done anything about it since it is
not a legitimate petition. Councilman Walker did not want Mayor Harper
to hold up the petition because he was opposed to it. Charles Harper, Mayor,
stated that Sheppard Air Force Base, and others opposed the 2:00 A.M. closing.
David Brock appeared as State Chairman of the Association of Container
Deposits, stating that this is an organization to help curb litter. He
410
Item 12c (Cont. )
wanted the City Council to endorse it. Charles Harper, Mayor, noted that
if any city council members wants to endorse it, they may write a letter
and get it to the City Manager' s Office, so he can pick them up and take
them to Austin on January 5, 1987.
Councilman Thomas asked Mr. Brock about the matching funds for the
money they gave him to repair the roof on the Community Resources Building?
Mr. Brock stated that he has not yet received the grants.
Mr. Berzina informed the Council about a change order he had approved
at Lake Arrowhead, in the amount of $1 ,612.00.
Councilman Kirkham desired reports on firemen and EMT first response, along
with Shoshoni Park.
Items 12d, e
The City Council recessed into executive session at 11:55 P.M. , according
to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil
Statutes. The meeting reconvened at 12:40 A.M.
RESOLUTION NO. 206-86
RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
EMERGENCY COMMUNICATION DISTRICT OF WICHITA COUNTY
Moved by Councilman Thomas that Greg Lynn be appointed to the 911 Board.
Motion seconded by Councilman Buffum, and carried by the following
vote.
Ayes: Mayor Harper, Councilmen Goff, Thomas, Allred, Buffum,
Kirkham, and Walker
Nays: None
Moved by Councilman Thomas that Diane Alexander be appointed to the
Library Board, for a term to expire June 30, 1988.
Motion seconded by Councilman Walker, and carried unanimously.
Moved by Councilman Thomas that Gail Thompson, Joe Mike Pistocco, and
Sandy Goff, be appointed to the Tax Increment Financing Board.
Motion seconded by Councilman Walker, and carried unanimously.
The City Council adjourned at 12:45 A.M.
7ZPASSED AND APPROVED this day of ju 987.
Charles Harper, ayi6r
ATTEST:
Wilma J. Thomas, CMC, City Clerk