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Min 07/20/1982 389 Wichita Falls, Texas Memorial Auditorium Building July 20, 1982 Items 1 & 2 The Board of Aldermen 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 7:00 o'clock P.M. , with the following members present. Gary D. Cook Mayor Gene Shearman John W. Hampton Craig A. Wilson Aldermen Howard M. Morris Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer Carol G. Russell Absent - - - - - - - - - - The invocation was given by James Bearden, Tenth and Broad Church of Christ. - - - - - - - - - - Items 6c, d Harold McInroe, of the First Southwest Company in Dallas, opened bids on General Obligation Bonds, Series 1982, in the amount of $3,400,000, and on Water and Sewer Revenue Bonds, Series 1982, in the amount of $950,000. After reading the bids, he announced that he would retire with the chief financial officer to check bids, and report back to the Council . - - - - - - - - - - Item 3 Moved by Alderman Hampton that minutes of the meeting held July 6, 1982, be approved. Motion seconded by Alderman Boston, and carried unanimously. - - - - - - - - - - Item 4a Alderman Shearman asked when we are going to get a human relations ordinance started? City Manager Stuart Bach stated that some recommendations have been made by Aldermen Morris and Russell . This matter will be on the August 3 agenda. Moved by Alderman Hampton that minutes of the meeting of the Human Relations Commission held May 25, 1982, be received. Motion seconded by Alderman Boston, and carried unanimously. - - - - - - - - - - Item 5a The public hearing was opened on the designation of two blighted areas, known as the Eastside area and the Denver Tank area. Reginald Robinson, 1609 Grayfox, stated that he insisted that this is an indictment on what has occured over the last 100 years in our community. He stated that he must correlate the human relations and the bliqhted area. In looking at the human relations commission, they are looking at how much it will cost to protect their civil rights. This is a fallacy of thought. The blighted area designation can be a beautiful thing. It will make all parts of the community work together. In working together, all parts must be equal . In 390 Item 5a, cont'd. the beginning, when the new council came into office, hopes were bright. It can still be that way, but they must state that they are for equal rights for all the community. The blighted area is justified, but equal rights are also justified. Don't just look at the cost. Mayor Cook explained that this Council is interested in protecting the rights of all citizens of our community. The question before the Council is do we want to hire an additional staff member, or leave it at the level that it is being accomplished now? Mr. Robinson stated that they must know that the Council stands for their equality, also. He stated that he is in favor of the blighted area, and for the Council committingthe human relations commission to its full authority to assure equality. J. C. Boyd, Jr. appeared as Executive Director of Midtown Now, Inc. He endorsed the proposal before the Council , and also the remarks of Mr. Robinson. He hopes the Eastside will be able to develop to some extent the same as they were to develop Kiva Inn. David Brock, 1209 21st Street, stated that it is time we work with the citizens on the eastside for this designation, and quit dragging it out. Alderman Hampton asked what he meant by dragging it out? Mr. Brock stated that it should have been designated at- the same time as the Central Business District. Alderman Hampton informed him that this is the first time it has come before the Council . City Manager Stuart Bach stated that several people in the audience can verify that it has been discussed by Eastside residents in order to get the request the way they wanted it. Tommy Robinson, 708 Jalonick, commended Reginald Robinson for spearheading this site for the Eastside. He would ask that they not hesitate to vote "yes" on this item when it comes up later in the agenda. They are trying to get something done for the people that the people want. Angus Thompson stated that we are witnessing a historical occasion. He trusts that they will vote "yes" on Item 7. He stated that an area of town which is now dying will live. They hope for decent housing, -jobs for children, and they are asking for a chance to be a part of the economic mainstream of Wichita Falls. Alderman Shearman read an editorial from the Dallas Times Herald regarding tax exempt bonds, stating that the wrong use of them by local and state governments across the country create unnecessary unfairness of free trade of the economy of some businesses. He stated that he feels that this designated area on the eastside merits their support, and he intends to vote for it. The public hearing was closed. . . . . . . . . . . Item 6a was deleted from the agenda because of advertising time constraints. - - - - - - - - - - Item 6b A proposed ordinance was presented appropriating $55,000 to settle certain Kell right-of-way condemnation suits. ORDINANCE NO. 69-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECL ING AN EMERGENCY. Moved by Alderman Shearman that Ordinance No. 69-82 be passed. Motion seconded by Alderman Hampton. City Attorney H. P. Hodge, Jr. explained that the City has been involved in this for a long time. These are projects in which we are partners with the Texas Highway Department. One of our obligations was the acquisition of the right-of-way. I 391 Item 6b, cont'd. A large amount of right-of-way had to be acquired for eminent domain, or condemnation. Recently we have had two cases in court. The Vogtsberger case was tried recently. The Court awarded a certain sum of money, and an appropriation is needed to pay it off. The Sheppard Federal Credit Union proceeding was held a long time ago. They did not see fit to draw the money down for some reason. They now want to draw it down, and we need to appropriate money which will be available to pay them. We need $26,600 for these two cases. In addition to these, we have 26 cases pending which have not been tried. We feel a lot of these can be disposed of by the settlement route instead of going to court. We feel we can settle these cases for $28,400. The cost of the acquisition of the right-Of-way is shared by the state highway department, and the State of Texas reimburses us for part of this cost after we have paid it. Reimbursement will be 50 percent on some, and 90 percent on others. The State will reimburse us $42,000 of the $55,000. Mayor Cook asked what happened to these funds? Mr. Hodge stated that it went back into the City's funds, and was used for other purposes. Alderman Shearman asked how long these proceedings have been going on, and Mr. Hodge stated about ten years. Mr. Hodge explained that condemnation cases are unusual in that after the administrative hearing the government has the right to put the money up in court and go ahead and take the land. If in the appeal they get additional money, that additional amount is also paid to them, but we have had the use of the property for several years. Alderman Shearman also asked how much property has been declared surplus along Kell Freeway which we acquired? Mr. Hodge stated that he did not know, but the state highway department told us what land we have to acquire, and that is what we acquired. The law states that even if all the property is not needed, you have to buy all the land, and not leave the property owner with a little scrap. Some of the property has been put up for sale. City Manager Stuart Bach explained that both the state and city have to declare it surplus , and they are waiting for the highway department to make that decision. The motion for passage of Ordinance No. 69-82 was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris' and Boston Nays: None - - - - - - - - - - Items 6c, d, cont'd. Harold McInroe, First Southwest Company, reported that the low bidder on the General Obligation Bonds was InterFirst Bank Dallas, with an effective interest rate of 10.7240 percent. The low bidder on water and sewer bonds was E. F. Hutton and Company, with an effective interest rate of 11.502727 percent. He recommended that the bids be awarded to the low bidders. ORDINANCE NO. 70-82 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS. Moved by Alderman Shearman that Ordinance No. 70-82 be passed, awarding the bid as recommended. Motion seconded by Alderman HamptoN and carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris' and Boston Nays: None ORDINANCE NO. 71-82 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER REIENUE BONDS. Moved by Alderman Morris that Ordinance No. 71-82 be passed, awarding the bid as recommended. 392 Item 6c, d, cont'd. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris, and Boston Nays: None Mayor Cook stated that he believed that the financial ratings we have received, and the financial condition of our city, has enabled us to save considerable interest on our bonds. He commended the staff and previous council for the financial position which our city is in in order to save interest. He also expressed his appreciation for the assistance given by First Southwest Company. - - - - - - - - - - Item 6e A proposed ordinance was presented determining the necessity for the 1982 Capital Improvements Program Street Improvement Project 82-1. ORDINANCE NO. 72-82 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1982 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTION PROJECT 82-1, MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER, DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Boston that Ordinance No. 72-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morrisand Boston Nays : None - - - - - - - - - - Item 6f Discussion was held on a request for waiver of certain sections of the Code of Ordinances to allow the sale of beer in Lucy Park for Summerfest '82. Their first request was for the MSU Campus. For discussion purposes, a motion was made by Alderman Morris, and seconded by Alderman Hampton, to allow the waiver. Marshall Jeffus appeared from Popeye's Fried Chicken. Mayor Cook stated that the changes before us now leave some questions. They had intended proceeds to go to the M Club. Now, they are saying proceeds would go to a local state-chartered non-profit organization. Mr. Jeffus stated that the MSU Administration is reluctant at this time to approve this activity. Funds could not go to them under the auspices of the Texas Alcoholic Beverage Commission. The sponsors want to be sure the organization is worthy of their help. This would be the second year they have done this in Lucy Park. They did not have any trouble last year. Mayor Cook asked if they have named the non-profit organization? Mr. Jeffus stated that they have not. They are looking at the Humane Society. Mr. Jeffus stated that their non-profit agency (First Step) last year did not receive any money. They just broke even. He felt sure that the exposure received by First Step was worth more than the dollars. Alderman Wilson asked why they feel their particular function should be exempt from this ordinance? Mr. Jeffus replied that other groups in the city have been granted waivers. His employees ' time will be paid for by him. They are getting a benefit out of the promotion. A local charity will receive $10,000 that they did not have before. This is the reason they are doing it. 393 Item 6f, cont'd. Alderman Wilson stated that he is opposed to this on the coat tails of a charitable organization. Mr. Jeffus stated that the sponsors will not be named only Summerfest '82. Beer cannot be sold in a city park. This is the reason they are requesting the waiver. There will be a one-time charge at the gate at Lucy Park. The motion for passage of an ordinance allowing the waiver failed by the following vote. Ayes : Alderman Boston Nays : Mayor Cook, Aldermen Shearman, Hampton, Wilson, and Morris - - - - - - - - - - Item 7a A proposed resolution was presented designating the Eastside area as blighted. RESOLUTION NO. 117-82 RESOLUTION DESIGNATING AN EASTSIDE AREA AS BLIGHTED AND REQUESTING THAT THE TEXAS INDUSTRIAL COMMISSION ACCEPT THE BLIGHTED AREA AS ELIGIBLE FOR COMMERCIAL PROJECTS. WHEREAS, an area hereafter called the Eastside Area is located within a portion of Enumeration Districts 61 and 62 of the City of Wichita Falls , Texas , and is bounded by Spur 447 from Eastside Drive to Rosewood; east on Hardinq Street from Rosewood to Collard Street; south on Collard Street to Trout Street; west on Trout Street to Paradise Street; south on Paradise Street to Eastside Drive; and northwest on Eastside Drive to Spur 447. (See map in attached study) ; and, WHEREAS, the attached study contains detailed findings which show that the Eastside Area contains a substantial number of substandard, deteriorating, and deteriorated structures and suffers from a high relative rate of unemployment; these conditions impairing the sound growth of the city and constituting economic and social liabilities; and , WHEREAS, overall objectives of the City of Wichita Falls include the development of .vacant land in the Eastside Area and the redevelopment of existing substandard structures; and, WHEREAS, the availability of financing of projects for commercial uses under the Development Corporation Act of 1979 (Article 5190.6 Vernon's Texas Civil Statutes, as amended) will contribute significantly to the alleviation of the blighted conditions found to exist in the Eastside Area; and, WHEREAS, projects for commercial use will be projects compatible with existing businesses in the Eastside Area and limited by the conditions and criteria listed in the attached study; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls , Texas will review all project descriptions for approval of specific projects for commercial uses in order to determine whether such projects are consistent with the city's objectives for redevelopment of the Eastside Area; and, WHEREAS, the City of Wichita Falls is currently preparing plans for the expenditure of funds within the Eastside Area in order tomake drainage improvements along Holliday Creek, these improvements to begin as soon as practical and to include the anticipated expenditure of local , CDBG, and other available Federal funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Eastside Area is hereby designated as a blighted area by the City of Wichita Falls and that the Texas Industrial Commission is requested to accept the blighted area for commercial projects in accordance with the provisions of the Development Corporation Act of 1979 and the administrative rules and regulations adopted under its authority. Moved by Alderman Hampton that Resolution No. 117-82 be passed. 394 Item 7a, cont'd. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris, and Boston Nays: None - - - - - - - - - - Item 7b A proposed resolution was presented designating the Denver Tank area as blighted. RESOLUTION NO. 118-82 RESOLUTION DESIGNATING THE DENVER TANK AREA AS BLIGHTED AND REQUESTING THAT THE TEXAS INDUSTRIAL COMMISSION ACCEPT THE BLIGHTED AREA AS ELIGIBLE FOR COMMERCIAL PROJECTS. WHEREAS, an area hereafter called the Denver Tank Area is located within a portion of Enumeration District 66 of the City of Wichita Falls, Texas and is bounded by Eastside Drive from Holliday Creek to Cottonwood Road; south on Cottonwood Road to the MK&T Railroad Tracks; northwest along MK&T Railroad Tracks to East Scott Street; west along East Scott Street to Holliday Creek; and northward along Holliday Creek to Eastside Drive. (See map in attached study) ; and, WHEREAS, the attached study contains detailed findings which show that the Denver Tank Area contains a substantial number of substandard, deteriorating, and deteriorated structures and suffers from a high relative rate of unemployment; these conditions impairing the sound growth of the city and constituting economic and social liabilities; and, WHEREAS, overall objectives of the City of Wichita Falls include the development of vacant land in the Eastside Area and the redevelopment of existing substandard structures; and, WHEREAS, the availability of financing of projects for commercial uses under the Development Corporation Act of 1979 (Article 5190.6 Vernon's Texas Civil Statutes, as amended) will contribute significantly to the alleviation of the blighted conditions found to exist in the Denver Tank Area; and, WHEREAS, projects for commercial use will be projects compatible with existing businesses in the Denver Tank Area and limited by the conditions and criteria listed in the attached study; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas will review all project descriptions for approval of specific projects for commercial uses in order to determine whether such projects are consistent with the city's objectives for redevelopment of the Denver Tank Area; and, WHEREAS, the City of Wichita Falls is currently preparing plans for the expen- diture of funds within the Denver Tank Area in order to make drainage improvements along Holliday Creek and to the Denver Tank, these improvements to becin as soon as practical and to include the anticipated expenditure of local , CDBG, and other available Federal funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The Denver Tank Area is hereby designated as a blighted area by the City of Wichita Falls and that the Texas Industrial Commission is requested to accept the blighted area for commerical projects in accordance with the provisions of the Development Corporation Act of 1979 and the administration rules and regulations adopted under its authority. Moved by Alderman Shearman that Resolution No. 118-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris, and Boston Nays: None - - - - - - - - - - 395 Item 7c A proposed resolution was presented authorizing the City Manager to execute a contract for architectural services for energy conservation features at Municipal Airport. City Attorney H. P. Hodge noted that a phrase should be added at the end of the resolution, as follows : "is hereby approved, and the City Manager is authorized to execute the same for the City. " RESOLUTION NO. 119-82 RESOLUTION APPROVING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND MICHAEL KOEN FOR ARCHITECTURAL SERVICES RELATIVE TO THE INSTALLATION OF ENERGY CONSERVATION FEATURES FOR PUBLIC USE AREAS OF THE TERMINAL BUILDING AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Michael Koen for architectural services relative to the installation of energy conservation features for public use areas of the terminal building at Municipal Airport is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Hampton that Resolution No. 119-82 be passed, with the modifications made by the City Attorney. Motion seconded by Alderman Morris , and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris, and Boston Nays : None - - - - - - - - - - Item 8a A proposed resolution was presented awarding the bid for refurbishing the Jalonick Park Community Center. RESOLUTION NO. 120-82 RESOLUTION AWARDING CONTRACT FOR REFURBISHING THE JALONICK PARK COMMUNITY CENTER TO C. D. GRAHAM CONSTRUCTION COMPANY, INC. WHEREAS, the City of Wichita Falls has advertised for bids for labor and material to refurbish the community center at Jalonick Park; and, WHEREAS, three bids were received, and the bid of C. D. Graham Construction Company, Inc. , in the amount of $46,499.00 was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such bid of C. D. Graham Construction Company, Inc. is hereby accepted, and the City Manager is authorized to enter into a contract with C. D. Graham Construction Company, Inc. for the refurbishing of the building at Jalonick Park as per bid. Moved by Alderman Morris that Resolution No. 120-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris' and Boston Nays : None - - - - - - - - - - Item 8b A proposed ordinance was presented waiving certain sections of the Code of Ordinances to allow the sale of beer at the 4-H Barn on July 23 to benefit the North Texas Rehabilitation Center. 396 Item 8b, cont'd. ORDINANCE NO. 73-82 ORDINANCE WAIVING SECTIONS 4-15 AND 4-24 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF BEER AT THE CRIPPLED CHILDREN'S LIVESTOCK AUCTION AT THE 4-H BARN ON JULY 23, 1982. Moved by Alderman Shearman that Ordinance No. 73-82 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Morris, and Boston Nays: Alderman Wilson - - - - - - - - - - Item 8c A proposed resolution was presented authorizing the City Manager to execute a temporary lease of facilities agreement between the City of Wichita Falls and Texas Star Airlines. RESOLUTION NO. 121-82 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH TEXAS STAR AIRLINES TEMPORARILY LEASING SPACE AT MUNICIPAL AIRPORT FOR PROVIDING OF FLIGHT SERVICE TO FORT WORTH AND AUSTIN. WHEREAS, Texas Star Airlines, whose principal place of business is at Meacham Field in Ft. Worth, has been granted a certificate by the Texas Aeronautics Commission to operate a route between Wichita Falls, Meacham Field and Austin; and, WHEREAS, such airline has advertised that they will begin operations in Wichita Falls on August 2, 1982, which does not provide sufficient time to develop a regular lease agreement such as those that the City has with the other airlines ; and, WHEREAS, the City's lease agreements with Rio and Metro expire September 30, 1982, and it would seem proper to consider a regular lease agreement with Texas Star Airlines at the same time that we consider new leases with Rio and Metro. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: In order that Texas Star Airlines may start operations by August 2, 1982, that certain letter agreement with Texas Star Airlines, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Shearman that Resolution No. 121-82 be passed. Motion seconded by Alderman Boston. Airport Manager Bob Parker stated that the Aviation Advisory Board has always promoted getting the best service we can. There will be a $70.00 round trip savings to Austin with this airline. Service will be provided from Meacham in Fort Worth to Austin by an eight passenger aircraft. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Wilson, Morris, and Boston Nays : None - - - - - - - - - - Item 9a Ann Brandt appeared, stating that she works for the Medical/Surgical Clinic. She requested installation of a traffic light at Tenth and Grace, stating that there have been 23 accidents at that location in three years. There have been bicycles, motorcycles, cars, and pedestrians involved. She stated that there is not a crosswalk across Grace Street. They have elderly patients there. She stated that the City has been begged to get a traffic light. People do not slow down. 397 Item 9a, cont'd. Alderman Shearman noted that he had received her letter dated June 17, 1982, and that he is inclined to agree with her instead of the Traffic Department. He feels that the bottom line is safety for the citizens of our city. Mayor Cook informed her that they would take a look at it. Her point is well taken. They will make a specific report on what can be done. City Attorney H. P. Hodge, Jr. stated that under the open meetings law there is not anything they can do, but refer it to a later meeting. When it is not on the agenda, they cannot discuss it. - - - - - - - - - - Linda Spence, 1520 Trout, Building 18, B-1, stated that she is a victim of police brutality. She stated that she is coming to the Council because she wants to know what she can do. She was taken to jail on May 15 and released on May 17 , 1982. She stated that she was having an argument with a male acquaintance. She stated that officer Numby (?) or Num6um (?) and a rookie came to her door to get the clothes of the male acquaintance. She told them that he did not have any clothes in her house. She stated that she feels her rights were violated. She stated that when she got out of jail she could not go to the hospital . She stated that they took her away from her kids. She was charged with aggravated assault on a police officer. She stated that they did not read her her rights. She wants the Council to look into it. She stated that she does not need a run-around. She also stated that they can't find her statement. Mayor Cook noted that they would look into it, and that they would not give her the run-around. They would take her deposition, and get to the bottom of it. They will be getting back in touch with her and her attorney. Tommy Robinson, 708 Jalonick, stated that he had talked to the City Manager this afternoon along the same lines as this young lady. He stated that he is very concerned about the treatment their people are getting from the police department. They do not want police brutality, and he will not stand to be brutalized by the police department. They do not have any right going around beating up people. Mr. Robinson stated that it is high time that the Council takes a serious look at this to see what is going on. They need to be able to get these things straightened out. This is one reason he is asking for the Human Relations Commission to he given more authority and strength. They need people to deal with these problems, such as people being laid off jobs without good reason, and people being harassed on the streets. They need something done now because it is getting out of hand. David Brock spoke about the human relations problem. He stated that it is time to give the human relations commission the backbone they need. He stated that the federal people cannot handle the needs here. They need a human relations commission. He stated that the city council representative has not been in attendance at the meetings which he has attended. A female citizen, who gave her address as 919 Cottonwood, complained that we do not have law enforcement. She stated that she was investigated for growing marijuana. She stated that it is her property, and she should have some say. Mayor Cook indicated that he thought if officers have a search warrant they can go inside. City Attorney H. P. Hodge, Jr. explained to Mayor Cook that the requirement for a search warrant might be different for an open front yard. - - - - - - - - - - Marlene Goldstein appeared as Director of the Association of Retarded Citizens. She stated that the human relations ordinance does not include handicapped persons, and she requested that that designation be included. - - - - - - - - - - Ray Mooney, 2501 California, stated that when the list of questions was given to the Council on Holliday Creek, they wanted them to be there when they were answered. Aldermen Hampton and Shearman were there. City Manager Stuart Bach stated that the Council has not seen the answers yet because they were finished at 7:00 last night. 398 Item 9a, cont'd. Mr. Mooney asked about the pumps in Colonial Park. It was explained that they pump 6900 gallons per minute into Holliday Creek when they are running. He asked if it cost $500,000 to have the pumps repaired? The City Manager stated that was for new pumps. Mr. Mooney did not feel his tax money should go to pump water into Holliday Creek. Mayor Cook explained that Holliday Creek is the drainage system for 60 percent of the City. Mr. Mooney felt that if any money is spent on the pumps, it should be spent on Holliday Creek. Alderman Shearman noted that we are all citizens of Wichita Falls. He has a business on the creek, and he was in the flood. He stated that he could not tell whether the water that entered his business that night came from Colonial Park, Lake Park Drive or Faith Village. We cannot look back. We should look forward to clearing up the problem created by man. The City of Wichita Falls will benefit as a whole. Holliday Creek is the main source of drainage for everything North of Lake Wichita, and South of Tenth Street. We are all responsible because that water comes off everybody's property. What we should do is end the dispute as to who and why it was caused, and proceed on to a way to alleviate the problem. Mayor Cook stated that the task force is looking at this matter for the entire city, and the Council will receive their report when it is completed. They are currently working on these issues and other measures throughout the city to improve our overall flood program. - - - - - - - - - - Alderman Shearman noted that Preston Giles was in the audience. He read from the minutes regarding the question of whether he had asked for the airport Zoning Ordinance. He also read Ordinance No. 17-82, which appointed the Planning Board as the Airport Zoning Board. Alderman Shearman again noted that he did not request that ordinance. Preston Giles, who lives North of Sheppard Air Force Base, passed out information to the Council to take home and read. He stated that he had received some information from Senator Tower. Nelson Wilhite, Route 1, Wichita Falls , stated that they have collected one large bucket of worms in this airport Zoning. He asked Alderman Hampton his reason for asking for the ordinance? Alderman Hampton replied that eight people killed on the ground in New Orleans is the only answer he needs to give. Mr. Wilhite stated that someone is pushing airport Zoning, but he does not know who it is. He stated they have been told it is for their safety and well-being, noting that the Fire Department does not go outside the city limits. He presented some statistics on the types of accidents involving Sheppard Air Force Base from 1967 to January 1979. Mr. Wilhite noted the number of easements on the airspace, stating that it will take at least three people to police this area, and issue permits. Lawsuits would have to be fought individually. He wondered how much tax money will have to be raised to take care of the lawsuits on this airspace. A dispute ensued between Mr. Wilhite and Alderman Hampton. Mayor Cook banged his gavel for order, stating that we will have order, or he would have Mr. Wilhite removed from the Council chambers. He further stated that Alderman Hampton is not saying that he specifically asked for this ordinance. Mr. Wilhite stated that he stands reprimanded. Mr. Wilhite stated that we should stop kicking this matter around. It is costing time and money. He believes the Planning Board has looked into the need for Zoning. Preston Giles stated that there has to be some ulterior motive to this. - - - - - - - - - - The Board of Aldermen adjourned at 9:20 P.M. PASSED AND APPROVED this day of 1982. ATTEST: D. Mayor Wilma J. Thomas,- City Clerk