Min 01/08/1974 882
Wichita Falls, Texas
Memorial Auditorium Building
January 8, 1974
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 10:00 o'clock A.M. , with the following members present:
J. Winston Wallander Mayor
j Harry Campsey X
Harrison E. Taylor
I Lonny Morrison Aldermen
Willard Still
J. C. Boyd, Jr.
Peggy McCullough X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas — — — — — City Clerk
The invocation was given by Alderman Taylor.
Item 3
e
Moved by Alderman Taylor that minutes of the meetings held December 4 and
December 18, 1973, be approved.
Motion seconded by Alderman Campsey, and carried unanimously.
Item 4
C
The public hearing was opened on demolition of hazardous structures. No
one desired to be heard.
1� = ORDINANCE NO. 2848
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH
SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF
THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Morrison that Ordinance No. 2848 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 5a
Eddie Watson appeared for Texas Electric Service Company, requesting an
increase in electric service rates. A statement was read by him in which he
explained that higher costs of construction, operation, and financing have made
this request necessary. He explained that without the rate increase their rate
of return would be 5.2 per cent; with the increase it would be 6.12 per cent.
Alderman Boyd stated that he had received some inquiries regarding higher
usage of new industries and how it will affect the homeowner. Mr. Watson stated
that this will not affect new or existing customers. The high load customers
help them to hold the rates at a lower rate than they would otherwise. The high
load customers help pay for it.
Alderman Taylor inquired why he was satisfied with the rate of return pre-
viously projected, and is not satisfied with it now. Mr. Watson stated that they
883
did not reach their projection in rates of return two years ago. Higher interest
rates now create another problem for them. Between 1945 and now, Texas Electric
has had three rate increases and three rate decreases. The decreases have slightly
outweighed the increases. Because they could foresee a fuel shortage, they made
the decision six years ago to begin constructing lignite plants. A nuclear plant
is also planned.
Mr. Watson stated that the type and amount of usage will determine the amount
of rate structure. The heavy user will receive the largest percentage increase.
The increase to residential users will be from 2 to 15 per cent. Large business
from 15 to 20 per cent increase, and small businesses from 2 to 5 per cent increase.
He explained that the gap is being reduced, so that the percentage will be more
evenly distributed between the small and large user. He stated that they are
removing all promotional features of their rate.
Mayor Wallander stated that the staff would review the information, and
thanked Mr. Watson for presenting it.
Item 5b
Mayor Wallander noted the improvement to Lucy Park, and the various organiza-
tions contributing in services and funds. Levi Strauss had offered to contribute
w $31,250, half of which has already been given. At this time he recognized Harold
Story from BCI, and Mr. Frank Delaney, Plant Manager of Levi Strauss, who presented
the Mayor with a check for $15,675 from Levi Strauss for the remainder of their
contribution. Mayor Wallander expressed the City's appreciation to Mr. Delaney
for this gift.
Item 5c
Mayor Wallander presented an honorary citizen award to Airman Robert Garcia
upon his selection as Airman of the Month.
Item 5e
Mrs. Jerry McCarley, President of the Junior Service League, presented a
Directory of Community Resources for Wichita Falls to the Mayor and Council. She
explained that the Junior Service League is an organization dedicated to serving
the community, and that they compiled this book of organizations which provide a
service to our community. Mayor Wallander expressed appreciation for the Directory,
and for the opportunity to recognize the Junior Service League.
Item 5e
Mr. George W. Anderson appeared, representing more than 200 residents adja-
cent to the Northeast part of Wichita Falls. They are requesting a waiver of the
City's right to annex within the extraterritorial jurisdiction. They desire to
incorporate that area. Mr. Anderson explained that a petition had been presented
to the Planning Board requesting that it not be annexed. He stated that this is
farm land, and they do not want to pay City taxes. They want to run their own
business. Alderman Taylor asked if they did not already run their own business,
and could they not continue to do the same without incorporation? Mr. Anderson
stated that they have six months in which to see if the City institutes annexation
proceedings. Alderman Taylor inquired if they would not be better off without
the taxes they would incur if they incorporated themselves? City Manager Gerald
Fox stated that Alderman Taylor 's line of questioning is very valid. If a com-
munity incorporates, then they have a responsibility to provide services for their
area, such as police and fire protection, street maintenance, utilities, etc. In-
corporation carries responsibilities, as well as rights. They have petitioned
for incorporation, but have not asked to be annexed. Mr. Anderson stated that
this area is not a city - it would be a village. It can levy taxes and provide
for services. Alderman Still asked if the City of Wichita Falls does not intend
to annex this area, and if their primary purpose is not to pay city taxes, then
why would they want to incorporate? Alderman Still pointed out the Council's
feeling on annexation, stating that there are very few areas annexed in the City
that we cannot provide services for at this time. He also stated that he is
asking the Council to relinquish control to others of Sheppard Air Force Base
884
Item 5e, cont'd.
I
area, and its relation to the City. Mr. Anderson stated that the City does not
have control now, but the County has zoning controls, and they would have to comply
with that law. Alderman Still and City Attorney H. P. Hodge pointed out that we
have some limited control in our extraterritorial jurisdiction. Alderman Campsey
inquired of Mr. Anderson if he thought it was fair to request incorporation so
that they would not have to pay city taxes , when by his own admission they are
presently receiving several benefits from us free of charge?
Moved by Alderman Still that the City refuse to grant permission for incorpora-
tion of this area.
Motion seconded by Alderman Taylor, and carried unanimously.
.i Item 6a
r
A proposed revised Airport hazard zoning ordinance was presented.
ORDINANCE NO. 2849
AN ORDINANCE AMENDING ORDINANCE NO. 2409, REGULATING AND RESTRICTING THE
HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH AND OTHERWISE REGULATING
THE USE OF PROPERTY, IN THE VICINITY OF THE SHAPPARD AIR FORCE BASE/WICHITA
FALLS MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING
THE BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING
TO THE SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIRPORT ZONING MAP
WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE-; PROVIDING FOR
ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND IMPOSING PENALTIES.
Moved by Alderman Campsey that Ordinance No. 2849 be passed.
Motion seconded by Alderwoman McCullough.
Some discussion was held on whether the Aviation Advisory Board had studied
the recommendations.
A substitute motion was moved by Alderman Still that Ordinance No. 2849 be
referred to the Aviation Advisory Board for their review, and that it be brought
back to the Council for their action.
Motion seconded by Alderman Boyd, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Alderman Still stated that he believes if we continue to bring matters to
the Council directly, rather than going through the Aviation Advisory Board, then
it will destroy the effectiveness of that Board.
Item 6b
A proposed ordinance was presented amending Sections 8 and 9 of Ordinance 2491
i extending time of continuance of non-conforming alcoholic beverage businesses.
ORDINANCE NO. 2850
AN ORDINANCE AMENDING ORDINANCE NO. 2491, CONCERNING TIME WITHIN WHICH
NONCONFORMING ALCOHOLIC BEVERAGE BUSINESSES MAY CONTINUE TO OPERATE.
Moved by Alderwoman McCullough that Ordinance No. 2850 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
885
Item 6c
A proposed ordinance was presented amending the Code of Ordinances to combine
` the divisions of Public Utilites and Water Development. The City Manager explained
that John Ruhmann will be retiring from the City within the next 60 days, and he
is requesting that the two divisions be combined. A new Assistant Director of
Public Utilities will be employed.
ORDINANCE NO. 2851
AN ORDINANCE AMENDING SECTION 2-3, REPEALING SECTIONS 2-92 and 2-93, AND
COMBINING THE DEPARTMENTS OF PUBLIC UTILITIES AND WATER DEVELOPMENT.
Moved by Alderman Morrison that Ordinance No. 2851 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 6d
A proposed ordinance was presented reducing speed limits on various streets
to 55 MPH, based upon the State accepting federal government requirements on lower-
ing speed limits.
ORDINANCE NO. 2852
ORDINANCE AMENDING SECTION 29-91 OF THE CODE OF ORDINANCES REDUCING SPEED
LIMITS IN CERTAIN ZONES .
Moved by Alderman Boyd that Ordinance No. 2852 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Alderwoman McCullough took this opportunity to thank Mr. Fox for his report
concerning emergency saving measures.
Item 7a
$ A proposed resolution was presented authorizing proposals to property owners
on Kell Freeway project.
1 t RESOLUTION NO. 1496
WHEREAS, it is necessary to acquire the properties hereinafter described
for construction of the listed project in the 1967 Capital Improvements Program,
and,
WHEREAS, such properties have been appraised by independent appraisers em-
ployed for this purpose by the Texas State Highway Department, and the amount
of the state approved values, as determined from the appraisals, have been studied
by the Board of Aldermen, and copies are now in the possession of the Director
of Public Works and/or Assistant City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
SECTION NO. 1 The project and properties to be purchased by Warranty Deed
are as follows :
Kell Freeway - Project 52-380
Property
Warranty Deed
S.38' of Lot 16, Block H, Grainger & Ballow Addition
886
Item 7a, cont'd.
I
All of Lot 2 & N. 25 ' of Lot 1, Block J, Grainger & Ballow Addn.
Lot 4, Block J. Grainger & Ballow Addn..
Lot 5, Block J, Grainger & Ballow Addn.
2408 S. F. of Lots 5 & 6, Block 6, Boyd's Sub/Div. Grainger Park, as
recorded in Vol. 411/263 Deed Records of Wichita County.
Lot 4, Block 6, Boyd Sub/Div. of Grainger Park.
4192 S.F. of Lot 20, Block 6, Boyd's Sub/Div. as recorded in Vol. 950/22,
Deed Records of Wichita County.
S. z of Lots 1, 2 & A, Block 8, Bateson Second Addn.
Lot 20, Block 1, Bateson Second Addition.
Lots 14 & 15, Block 1, Bateson Second Addn.
Combined total of values approved in this resolution ----------- $19,350.00
SECTION NO. 2 The values of such properties are hereby approved and the
City Manager is hereby authorized to purchase in the name of the Texas State High-
way Department, by Warranty Deed, such tracts of land as shown on the project right-
of-way map. The authorized price to be paid for such tracts are the State approved
values as determined from appraisals made by the independent real estate appraisers
employed by the Texas State Highway Department.
SECTION NO. 3 In the event the City Manager is unable to purchase any such
tracts for such approved values, he is hereby authorized and directed to cause
to be instituted condemnation proceedings to obtain such tracts in the name of
the Texas State Highway Department.
Moved by Alderman Campsey that Resolution No. 1496 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
Item 8a
Bids were received for two rotating type civil defense sirens. The low
` bidder was Bill Story Company, Oklahoma City, in the amount of $2,469.00. It was
recommended that four sirens be purchased, for a total amount of $4,938.00.
pr1C`4 Moved by Alderman Boyd that the bid be awarded to Bill Story Company in the
- amount of $4,938.00, for four civil defense sirens.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 8b
} Bids were considered on two raw sludge pumps for waste water treatment. It
was recommended that the low bid be awarded to G. R. Haley Company, Dallas,, in
Fthe amount of $2,886.00.
Moved by Alderwoman McCullough that the bid be awarded as recommended.
Motion seconded by Alderman Campsey, and carried unanimously.
t
Item 8c
Bids were considered for a 32 cubic yard compaction body for the Sanitation
t � Department. It was recommended that the low bid be awarded to Pak-Mor Manufactur-
ing Company, San Antonio, in the amount of $9,408.96, with trade in.
887
Item 8c, cont'd.
Moved by Alderman Boyd that the bid be awarded as recommended.
Motion seconded by Alderman Campsey, and carried unanimously.
l"n v
Item 8d
Bids were considered on four 4 x 4 pickups. It was recommended that the
low bid be awarded to Moore Ford in the amount of $3,742.25 each unit.
Moved by Alderman Still that the bid be awarded as recommended.
Motion seconded by Alderman Campsey, and carried unanimously.
Bids were considered on one 51,000 GVW truck. The low bid of Moore Ford
($16,933.95) did not include the cost of installation of the air conditioning
unit as required by the specifications (approximately $500-600) , and delivery
time is 12 months. The next low bid of International Harvester $18,882.06)
has a delivery time of 32 weeks. The highest bidder, Kidwell GMC, was $19,967.55,
with a delivery time of 90 days. Ernest Lillard, Director of Public Works ,
pointed out that the maintenance and operational costs of the equipment now in
use would amount to approximately $100.00 per month over and above the minimum
stated time on the bid.
Moved by Alderman Boyd that the bid of Kidwell GMC be accepted in the amount
of $19,967.55, as the lowest and best bid.
Motion seconded by Alderman Taylor, and carried unanimously.
Item 9
Permission was requested to advertise for bids for the following items :
a. Estimated annual supply of tires and tubes for all City departments.
b. Estimated annual supply of gasoline for all City departments.
c. Annual supply of linen service for all City departments.
d. Solid waste containers for Sanitation Department.
e. 7-reel gang mower for Parks Department.
f. Greenskeeping mower for Golf Course.
Moved by Alderman Morrison that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman Campsey, and carried unanimously.
v Item 10
Moved by Alderman Boyd that minutes of the meetings of the Planning Board
held December 12 and 20, 1973, be received.
Motion seconded by Alderman Campsey, and carried unanimously.
Item Ila
- 7 The following appointments and reappointments to various boards and commissions
r were made by the Mayor, with expiration dates as indicated.
1. Data Access Control Board (2 years)
Mike Fisher (reappointed) 12-31-75
Barbara Glickman (reappointed) 12-31-75
888
I
Item lla, cont'd.
2. Aviation Advisory Board (3 years)
Don Short (appointed) 12-31-76
Paul Teague (reappointed) 12-31-76
f Dick Wearth (apppointed) 12-31-76
3. Human Relations Commission (3 years)
`s
Merle Anthony (reappointed) 12-31-76
' Dr. M. E. Harrell (reappointed) 12-31-76
Ned Hollandsworth (reappointed) 12-31-76
Ernestine Washington (reappointed) 12-31-76
Juan Rangel (reappointed) 12-31-76
4. Park Board (3 years)
Frank Delaney (appointed) 1-1-77
( Mrs. Aubrey (Donnie) Wilson (appointed) 1-1-77
G r ' Robert H. Jones (reappointed) 1-1-77
5. Traffic Commission (3 years)
I -
l� James McCracken (reappointed) 12-31-76
' James Williams (reappointed) 12-31-76
} Harold Bristol (reappointed) 12-31-76
K Hardy McAlister (appointed) 12-31-76
j 6. Planning Board
j� V
George Baugh (appointed) 5-23-74
I � 7. Board of Adjustments and Appeals
Jerry Ray (appointed) 5-23-74
8. Wichita Falls Museum and Art Center
Ralph Siebach (appointed) 9-30-75
9. Joint City-County Airport Zoning Board (2 years)
1
f Howard Allison (reappointed) 12-31-75
Moved by Alderman Still that the recommended appointments be approved.
't
Motion seconded by Alderman Campsey, and carried unanimously.
Item llb
Discussion was held on Taxicab Insurance requirements. Alderman Morrison
explained that he felt some of the information furnished by the City Manager
resolves some of the difficulty regarding their insurance requirements. He re-
quested that at the next council meeting we have an ordinance requiring the mainten-
ance of this policy on file at all times, and that it be provided two weeks prior
to expiration of the previous policy. It was pointed out that the self-insurance
certificate is required by the Department of Public Safety. The Cab Company pre-
sented a financial statement to them which convinced them of their responsibility.
Alderman Morrison desired a copy of what was submitted to them. He also mentioned
the savings certificates payable to the City in the amount of $10,000. He urged
that the following be incorporated into an ordinance so that the whole insurance
arrangement can be seen at a glance.
1. Continuation of the savings certificate, or that amount of insurance
be provided.
2. That self-insurance be required in the ordinance up to $25,000, or that
firm provide insurance in the amount of 10-20-5. If self insurance certificates
be furnished, the City shall review the basis upon which the certificate was
granted on at least an annual basis, and if the City does not approve such
certificates, public liability coverage must be furnished.
889
Item llb, cont'd.
3. That excess insurance up to the amounts indicated that the firm now
has, be a requirement.
Mr. Cowden pointed out some of his problems, stating that he would be will-
ing to review the insurance requirements on an annual basis. It was agreed by
the Council that Mr. Fox and Mr. Hodge would work with Mr. Cowden and his attorney
for an agreement on this matter, and bring it back to the Council in written
form at a later meeting.
Item llc
Moved by Alderman Still that a public hearing on hazardous structures be
held on February 5, 1974, at 10:00 A.M.
Motion seconded by Alderwoman McCullough, and carried unanimously.
C,t
Item lld
Alderman Boyd stated that he had previously asked for and received a report
on travel expenses for all Council and staff members. He desires a closer examina-
tion of travel.
Moved by Alderman Boyd that the City Manager be requested to notify this
Council, monthly, of all public travel scheduled for the upcoming month, no
matter how funded. The information should include:
1. Each person planning to travel
2. Department to which assigned
3. Destination
4. Number of days to be absent
5. Total anticipated expenses
6. How funded
7. Purpose of trip
8. City Manager's justification for the expenditure, and that -this
"Monthly Travel Report" be made public.
Motion seconded by Alderman Morrison.
Alderman Taylor stated that he sees nothing really wrong with the request,
but since they have not had an opportunity to discuss it, he would suggest that
it be tabled so that the Council can talk about it first. The City Manager de-
sired further information on the request.
Moved by Alderman Taylor that the previous motion be tabled for staff advice,
and that it be brought up again at the next council meeting.
Motion seconded by Alderman Campsey, and carried unanimously.
The Board of Aldermen adjourned at 12 :18 P.M.
PASSED AND APPROVED this .,.9 y day of 1974.
i
Mayor
ATTEST:
City Clerk