Min 09/16/1969 I 77
Wichita Falls, Texas
Memorial Auditorium Building
'I Items 1 $ 2 September 16, 1969
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 2:30
o'clock P.M. , with the following members present:
Kenneth Dill Mayor
Don Wills X
Harrison Taylor X
Larry Lambert X Aldermen
Dick Darner X
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Evelyn M. Lesh Acting City Clerk
Max Kruger Absent
Cletus C. Schenk Absent
The invocation was given by Alderman Wills.
The Mayor welcomed the visitors, including his wife and two nieces, Geneva
Arnold, and Mr. and Mrs. Jim Ed Ferguson from Arlington.
Item 3
Moved by Alderman Wills that minutes of the meeting held September 2, 1969, be
approved.
Motion seconded by Alderman Darner, and carried unanimously.
Item 4
Mayor Hill opened the public hearing for a temporary loan. No one appeared and
the Mayor ruled that it should be continued until the next meeting.
Item 5
Joe Cochran, District Manager for Southwestern Bell Telephone Company, appeared
requesting a rate increase for the area covering Wichita Falls, Iowa Park, Burkburnett,
Holliday, and Henrietta. He stated this increase is requested because of a change in
economy. The basic rate was established in 1954. The proposed rate would not affect
long distant rates.
Mr. Cochran explained that the company is doing all they can to upgrade the
service, such as installing new equipment. The Touchstone (push-button) equipment is
now being installed for 692 and 855 prefixes, which should be in service next year,
with complete installation by 1974.
Moved by Alderman Wills that the Council take this request under consideration,
and that it be placed on the agenda at one of the Council meetings in October.
Motion seconded by Alderman Darner and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
Item 6a
i John J. Roark, Director of Public Works, presented a proposed ordinance accepting
improvements on sidewalk construction, Project 52-086 under the 1967 Capital Improve-
ments Program.
" ORDINANCE NO. 2530
ORDINANCE ACCEPTING IMPROVEMENT ON THE 1968 CONCRETE SIDEWALK PROGRAM IN
THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2422; DE-
78
Item 6a Cont'd.
CLARING THE CONTRACT WITH TIMMINS AND ANDERSON, CONTRACTORS, WICHITA FALLS,
TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PER-
FORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN
EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS
HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING
THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION
OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE
RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE.
Moved by Alderman Taylor that Ordinance No. 2530 be passed.
Motion seconded by Alderman Wills and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
i
< Item 6b
Weldon C. Franklin, Director of Planning and Traffic, presented an ordinance
amending Paragraph (d) of Section 29-114 of the Traffic Ordinance of the Code
of Ordinances, prohibiting parking on the south side of 8th Street, from Brook
to Baylor, from 9:00 A.M. to 4:00 P,M.
f ORDINANCE NO. 2531
AN ORDINANCE AMENDING PARAGRAPH (d) OF SECTION 29-114 OF THE TRAFFIC ORDINANCE
OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING
PARKING RESTRICTIONS ON CERTAIN STREETS AND HIGHWAYS.
Moved by Alderman Lambert that Ordinance No. 2531 be passed.
Motion seconded by Alderman Wills.
Alderman Darner asked why the Council is passing this ordinance.
Mr. Franklin explained because the cars from the businesses park in front of
the residences and the residents had requested in writing that the parking be
removed. Also, Ike stated the street will be open and provide easier means of moving
down the street.
After a lengthy discussion the Mayor asked Mr. Franklin if he had any recommend-
ations. Mr. Franklin stated he had no recommendation.
Alderman Wills asked if the Traffic Commission was divided on this. Mr. Franklin
stated that it was not.
Mayor Hill called for a motion. The ordinance failed by the following vote:
Ayes: Alderman Lambert
Nays: Aldermen Wills, Taylor, and Darner
Item 6 c
City Manager Gerald Fox presented an ordinance extending hours for lawful sale
and consumption of alcoholic beverages at On-Premise and Private Club locations.
The Mayor asked that only one person in favor of the ordinance speak, and one
against.
Don Short, attorney, appeared, representing some of the private clubs. He
stated there is a demand for clubs to stay open on occasions, that we are in competit-
ion with other cities as far as conveniences are concerned. He estimated there would
be a 15% increase in the sale of beer if this should pass. The City gets one-half
from those who have on-premise license. If this does mean more revenue, he felt
it should be passed. Regarding the question of whether or not it would cause problems
in law enforcement, those license holders are under rules and regulations at the
present time and will be under the same regulations that they would before.
Ronnie Adams, 4204 Randel Drive, presented a petition to the City Clerk with
2100 signatures, expressing objection to the ordinance. fie stated they feel like
there would be an increase in police protection for the reason that most of the
79
Item 6c Cont'd.
i
the police cars have one policeman riding in the car in the evening hours, and that
we would have to have more than one policeman in the patrol car or have more patrol
cars on one beat. He added that we here in America have to start taking a stand,
whether it is alcohol, dope, or what ever it might be. We are asking that you, the
City Council, vote against this and that the First Methodist Church would like to go
on record as voting against it.
Mrs. C. E. Driskill, 341 Hilltop, stated she didn't think enough has been said
about the danger on the highways. She pointed out that the majority of accidents
are caused by drinking drivers, and that the majority of accidents happen about day-
light, just at dawn.
Moved by Alderman Darner that this ordinance be rejected.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
Item 6d
City Manager Gerald Fox presented an ordinance increasing rates for collection
F of garbage and refuse.
ORDINANCE NO. 2532
ORDINANCE AMENDING PARAGRAPHS (1) THROUGH (8) OF SECTION 17-19 OF CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS, INCREASING THE RATES FOR COLLECTION
OF GARBAGE AND REFUSE, AND DECLARING AN EMERGENCY.
Moved by Alderman Wills that Ordinance No. 2532 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
Item 6e
H. P. Hodge, Jr., City Attorney, presented an ordinance providing for the formation
of a Municipal Court of Record.
ORDINANCE NO. 2533
Y
ORDINANCE FORMING A MUNICIPAL COURT OF RECORD IN WICHITA FALLS, AS CREATED
BY SENATE BILL NO. 3920 61ST LEGISLATURE, REGULAR SESSION.
Moved by Alderman Taylor that Ordinance No. 2533 be passed.
Motion seconded by Alderman Wills.
Alderman Lambert stated that he would like for the City Attorney to tell the
council the purpose for creating a Municipal Court of Record, what will be the structure,
and what the costs of such project are anticipated to be.
Mr. Hodge stated the purpose is to provide a system whereby appeals can be processed
and completed, that it has been a problem in the city for many years. Normally under
the present system if anyone who is convicted desires to appeal, he then has the right
to appeal to the county court. The dock6t - in the county court is so crowded that
it has always been impossible to process the appeals from the municipal court. He
stated they, would have to hire a court reporter and purchase necessary equipment, and
that $9,000 has been provided in the 69-70 budget for the Municipal Court of Record.
He stated that this will be the first one created in Texas.
The motion was carried by the following vote:
Ayes: Alderman Wills, Taylor, Lambert, and Darner.
Nays: None
80
Item 6f
City Manager Gerald Fox presented an ordinance regulating and permitting solicit- '
ations for charitable, patriotic, religious, educational or philanthropic purposes in
the City of Wichita Falls.
No action was taken on this item.
Ed Spivey, 1802 Fairfax, asked if this item would have control of the United
Fund solicitation. It was explained that it wouldn't affect it now.
Item 7a
f
John J. Roark, Director of Public Works, presented a resolution authorizing
proposals to property owners on Kell Freeway, Project 52-071 under the 1967 Capital
Improvements Program, as appraised by Texas Highway Department Appraisers.
RESOLUTION NO. 984
s.
WHEREAS, it is necessary to acquire the property hereinafter described for
construction of the listed projects in the 1967 Capital Improvements Program, and,
WHEREAS, such property has been appraised by independent appraisers employed
for this purpose by the Texas State Highway Department, and the amount of the state
approved value, as determined from the appraisals, has been studied by the Board of
Aldermen, and a copy is not 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 projects and properties to be purchased by Warranty Deed
are as follows:
Kell Freeway_ - Project 52-071
Property
Lot 11, Block 104-A,
Highland Addition
Part of Lot 3, Block 10,
John W. Thomas Subdivision
Lot 13, Block 1,
First H. W. Spivey Addition
Lot 9, Block 2,
W. E. Wilson Addition
Part of Lot 9 & 10, Block B,
Kemp, Kell and Joline Addition
Lot 9, Block 62,
Southland Addition
Lot 10, Block 48,
Southland Addition
Combined total of values approved in this resolution - $621510.00
SECTION NO. 2 The approved value of such properties are hereby approved and
the City Manager is hereby authorized to purchase in the name of. the Texas State
Highway Department, by Warranty Deed, such tracts of land as shown on the project
right-of-way map. The authorized price to be paid for each tract is the State
approved value 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
tract or 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.
81
Item 7a Cont'd.
Moved by Alderman Wills that Resolution No. 984 be passed.
Motion seconded by Alderman Lambert, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
v
Item 7b
Gerald Fox, City Manager, presented a resolution officially naming the Aubrey L.
Wilson Memorial Parkway.
�. RESOLUTION NO. 985
WHEREAS, the Flood Street Drainage Project was recently completed, and it was
deemed fitting and proper by the Board of Aldermen that it should be dedicated as a
memorial to Aubrey L. Wilson, as it was one of the many projects which Mr. Wilson
supported and promoted for the betterment of his community and its citizens; and,
WHEREAS, the beauty and utility of this project in future years will serve to
remind us of a distinguished citizen who was the first Negro aldermen in the history
of Wichita Falls, and who served in many civic, religious, educational and charitable
fields; and,
WHEREAS, it is the desire of the Board of Aldermen to officially name the project
by formal resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The Flood Street Drainage Project shall be named the Aubrey L. Wilson Memorial
Parkway.
Moved by Alderman Wills that Resolution No. 985 be passed.
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
" Item 7c
A resolution was presented calling a public hearing to adopt the budget for the
fiscal year beginning October 1, 1969.
r RESOLUTION NO. 986
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS:
That a public hearing be, and it is hereby, called for Tuesday, October 7, 1969,
at 2:30 o'clock P.M. in the Council Room in the Memorial Auditorium Building to
consider the adoption of the budget for the City of Wichita Falls, for the fiscal year
beginning October 1, 1969.
The City Clerk is directed to give public notice of the hour, date and place
of such public hearing by placing a notice in at least one newspaper of general cir-
culation in the city not less than ten (10) days before said public hearing.
Moved by Alderman Lambert that Resolution No. 986 be passed.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
Item 8a
A resolution was presented by Jerry R. Dunn, Assistant City Manager, awarding the
i bid to City National Bank to serve as depository of the City of Wichita Falls for a
period of two years from October 1, 1969.
82
Item 8a Cont'd.
RESOLUTION NO. 987
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain proposal, with addendum, of the City National Bank in Wichita
Falls to serve as depository of the City of Wichita Falls for a period of two (2)
years from October 1, 1969, is hereby accepted, and the City Manager is hereby
authorized to execute such depository contract for the City of Wichita Falls, Texas.
Moved by Alderman Lambert that Resolution No. 987 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes: Mayor Hill, Aldermen Taylor, Lambert, and Darner
Nays: None (Alderman Wills abstained from voting)
Ite�.m.8b
W. J. Schnautz, Jr. , Purchasing Agent, presented bids for Sprinkler System
for Midwestern Parkway, and recommended that bids be awarded as follows:
a. Blankenship Mfg. Co. , Wichita Falls, P.V.C. Pipe 4 Fittings, $1,806.34
b. T & C Equipment $ Sply. Co. , Hurst, Texas, Sprinkler Heads, $742.04
c. T $ C Equipment & Sply. Co., Hurst, Texas, Valves, $801.56
d. Amstan Sply. Div. , Wichita Falls, Galvanized Fittings, $310.46
Moved by Alderman Darner that bids be awarded as recommended.
Motion seconded by Alderman Lambert and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
j Item 9
L John P. Ruhmann, Director of Water Development requested authority to advertise
for bids on grazing lease at Lake Kickapoo.
Joe gale, who presently holds the lease on the grazing land at Lake Kickapoo,
appeared, stating he had been promised that he could renew this lease without having
to bid on it, and that he is willing to pay more for the lease.
Moved by Alderman Wills to grant permission to the City Manager to advertise
for bids, but the advertisement itself not be published or sent out until
the Council has .a chance to investigate it further.
After further discussion, Alderman Wills withdrew his motion.
Moved by Alderman Lambert that the City Manager be authorized to negotiate
for leasing grazing land at Lake Kickapoo] but if he is unable to negotiate, then
he should advertise for bids.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
Item 10a & b
Moved by Alderman Darner that minutes of the meeting of the Electrical Advisory
Board held August 12, 1969, and minutes of the meeting of the Plumbing Advisory
Board, held September 3, 1969, be received.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
83
Item 11
Moved by Alderman Lambert that the following water reimbursement contract payment
be approved in the amount of $297.68, and sewer reimbursement contract payment in the
amount of $2,983.52, for a total amount of $3,281.20.
John Mark Hirschi, Water, Willow Brook Addition, Section #1 from August 31,
1968, to August 31, 1969; $297.68
Hughes Decelopment Company, Inc., Sewer, Faith Village Unit #4, from
August 20, 1968, to August 30, 1969; $1,906.30
Hamilton Investment Company, Sewer, Second Section of the 7th Supplemental
Addition to the Country Club Estates, from August 24, 1968, to August 24, 1969;
$150.14
John Mark Hirschi, Sewer, Willow Brook Addition, Section #1 from August 31, 1968,
to August 31, 1969; $35.93
Larry Moore, T. E. }fill, Jr. and A. R. Dillard, Jr. , Meadow Lake Company,
Sewer, Section A, Meadow Lake Addition, from July 25, 1968, to July 25,
1969; $431.04
C.W.L. Dennis and Elmer Dennis, Sewer, Section One, Lake View Manor Addition,
from July 21, 1968, to July 21, 1969; $460.11
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
i Item 12
a,
An ordinance was presented to increase municipal contributions, two for one
matching basis, for the benefit of city employees.
ORDINANCE NO. 2534
AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT
SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY OF
WICHITA FALLS, TEXAS.
Moved by Alderman Taylor that Ordinance No. 2534 be passed.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Lambert, and Darner
Nays: None
A proclamation presented by Maj . Grice Chapter, Daughters of the American
Revolution, was read by the Mayor and he declared the week of September 17 through
the 23rd as Constitution Week.
Moved by Alderamn Lambert that the meeting be adjourned.
Motion seconded by Alderman Wills, and carried unanimously.
The Board of Aldermen adjourned at 5:30 P.M.
PASSED AND APPROVED this day of �i4 / 1969.
ATTEST: ayor
Acting City CIVk