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Min 11/04/1969 107 Wichita Falls, Texas Memorial Auditorium Building November 4, 1969 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 2:30 o'clock P.M. , with the following members present: Kenneth Hill Mayor Don Wills X Harrison Taylor X Larry Lambert X Aldermen Dick Darner X Max Kruger j Cletus C. Schenk Z Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Kruger. r Mayor Hill welcomed the visitors, including his wife. Item 3 Moved by Alderman Schenk that minutes of the meeting held October 21, 1969, be approved. Motion seconded by Alderman Lambert, and carried unanimously. Item 4 Mayor Hill introduced Lt. David Cruz, Commander of Headquarters Squadron Section, who in turn introduced Sgt. Elmer S. Bryant, Jr., and A/lC John A. Hageseth. These young men were selected NCO and Airman of the Quarter respectively for this squadron. Mayor Hill presented awards to each of these men. Item 5 Paul M. Yeager, Director of Public Safety, requested approval of an appropriation ordinance in the amount of $1,700.00 for purchase of a Breathalyzer for the Police Department. A federal grant has been approved for 50 per-cent of this amount. ORDINANCE NO. 2549 AN ORDINANCE MAKING AN APPROPIATIION FROM THE GENERAL FUND TO ACCOUNT NUMBER 11-232-5431, AND DECLARING AN EMERGENCY. Moved by Alderman Kruger that Ordinance No. 2549 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 6a A proposed ordinance was presented accepting street improvements on Edison Street and other units of the 1968 Assessment Paving Program. r ORDINANCE NO. 2550 t 1 ORDINANCE ACCEPTING IMPROVEMENTS OF NINE (9) UNITS OF THE 1968 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORD- INANCE NO. 2408, NO. 2417, NO. 2423, AND NO. 2458; DECLARING THE CONTRACT 108 Item 6a Cont'd. WITH R. 0. GREEN CONSTRUCTION COMPANY, TIN24INS AND ANDERSON, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; 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 Schenk that Ordinance No. 2550 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None +� Item 6b A proposed ordinance was presented revising protective inspection fees for the City of Wichita Falls. These revisions would align the fees with our costs for f these services. f � C `ORDINANCE NO. 2551 ORDINANCE REVISING CERTAIN PROTECTIVE INSPECTION FEES FOR BUILDING PERMITS, PLUMBING PERMITS, SIGN PERMITS, PUMPS AND TANKS, EXCAVATION PERMITS, HOUSE MOVING PERMITS AND ELECTRICAL PERMITS. Moved by Alderman Lambert that Ordinance No. 2551 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None r Item 6c A proposed ordinance establishing and providing for motion picture classification was discussed. Mr. Dan McElroy, 1900 Mercantile Dallas Building, Dallas, Texas, appeared as a representative of the Motion Picture Association of America. lie stated that the motion picture industry was in complete agreement with the intent of the City Council, but feels that the City is not proposing to go about it in the right way;' that there is better way. He explained that on November 1, 1968, the motion picture rating code was established because they realized the need of it. The code establishes four ratings, namely; "G.I which means it is suitable for viewing by anyone; "M", means that the content and treatment of the subject might require more mature judgment about which parents should exercise more judgment in allowing children to view it; "R", means that no children under 16 years of age will be allowed unless accompanied by parent or guardian; "X", means that it should not be presented to persons under the age of 16. He further explained that local Wichita Falls theatre people ask for draft card and/or driver's license for identification; that they allow no one under 18 into the theatre to see a questionable movie. He stated that exhibitors are as interested as local government officials. fie stated that at the showing of Vixen and Midnight Cowboy, no one under 18 was admitted in Wichita Falls. Mayor Bill inquired whether the Motion Picture Association provided a penalty for exhibitors if they allowed young children in ;movies not suitable for their age, or if they showed a picture not in accordance with the rating. Mr. McElroy stated they did not. He did state. that all pictures must have the rating advertised on it. fie explained that the rating board is composed of 13 persons; that the company who produces the picture cannot vote on the rating. Mr. McElroy stated that from November of 1968 to May 1969, Dallas screened a 1 total of 18 pictures; of 15 "M" pictures, they found 12 to be suitable; two "R" pictures were screened, and one was found to be suitable for young people; one "G" P 109 Item 6c Cont'd. movie was screened, and found to be suitable. Mr. McElroy explained that the Dallas Paramount office services 1200 motion picture theatres in this region. He stated that they receive 15 to 35 prints of each picture to service up to 1200 theatres; that the manager of a theatre only gets the print approximately one day prior to showing; that they did not even have prints in Dallas 30 days prior to showing. City Attorney H. P. Hodge, Jr., confirmed that the City cannot require them to do something impossible. Alderman Darner explained that this ordinance is only a starting point for the problem. Alderman Lambert explained that this problem arose from no movie being shown on a particular week-end except "X" rated movies. fie also inquired how they are scheduled. Mr. McElroy stated they were scheduled as close to the New York opening date as possible. Alderman Schenk stated that from his information, the theatres were not enforcing age limits in Wichita Falls. It was established that the Motion Picture Association of America is composed of producers and distributors. Don Furman, Manager of Interstate Theatres (Wichita and State) appeared to answer some questions for the Council. Alderman Lambert inquired what the problems were in scheduling movies for all types of audiences. Mr. Furman stated that it depends on release dates; also, that 90 per cent of movies shown this year have been rated either "G" or "M"; that only one "X" rated movie has been shown downtown, and that was Midnight Cowboy. fie stated that they only show what is sent to them; that no movies are booked locally. Alderman Lambert stated that he had been told that where one of these restricted movies was shown that there were under age persons admitted. Mr. Furman stated that his manager at the State Theatre had been diligent in standing outside checking draft cards and driver's licenses, and had turned several people away. Moved by Alderman Wills that this ordinance be tabled. Motion seconded by Alderman Lambert, who stated that the State has passed three statutes dealing with this subject, and if those statutes do not adequately take care of the situation, then there is very little that the Council can do to add anything to it; that citizens should think in terms of enforcing those pieces of legislation which now exists. Mayor Hill stated he was sorry for the outcome of this ordinance; that perhaps two groups which have been formed in opposition to this type of movies can begin with legislation on the state level. The motion carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 7a V` A proposed resolution was presented authorizing proposals to property owners on ( ` ' Kell Freeway. f , RESOLUTION NO. 1000 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 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 projects and properties to be purchased by Warranty Deed are as follows: Kell Freeway - Project 52-071 Property Lot 10, Block 3, John W. Thomas Addition 110 Item 7a Cont'd. Lot 9, Block 3, John W. Thomas Addition Part of Lot 10, Block 107-A, Highland Addition Lot 7, Block 94-A, Highland Addition W. 22' Lot 3 and L. 42' of Lot 4, Block 76, Southland Addition i W. 36' Lot 2 and E. 28' Lot 3, Block 76, Southland Addition - Part of Lot 1, Block 67, Southland Addition Part of Lot 9, Block 49, Southland Addition Part of Lot 11, Block 2, Ed Wilson Addition Part of the Thomas Garner Survey, A-84 as recorded in Vol. 841, Page 532, Deed Records Wichita County Part of Lots 25 & 26, Block B, Wyatts.Southside Addition Part of Lot 7, Block 48, Southland Addition Part of Lot 6, Block 48, Southland Addition Part of Lot 9, Block 46, Southland Addition E. 81' of Lot 8, Block 1, H. W. Spivey Addition Combined total values approved in this resolution - $136,114.00 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. Moved by Alderman Schenk that Resolution No. 1000 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 7b A proposed resolution was presented authorizing proposals to property owners ✓ on Archer-Hamilton-Hampstead, Phase II, (Midwestern Parkway). c is (L j RESOLUTION NO. 1001 C 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 an independent real estate appraiser employed for this purpose by the City of Wichita Falls, and the amount of 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. 111 Item 7b 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 or by Easement are as follows: Midwestern Parkway, Project 52-074 (Archer-Hamilton-Hampstead) Phase II Property Temporary Construction Easement Part of Lots 1, 2, 4, 5 & 6, Block 3, Hillcrest Addition Part of Lot 3, Block 3, Hillcrest Addition Warranty Deed Lot 34, Block 24, Hillcrest Addition Combined total of values approved in this resolution - $12,675.00 SECTION NO. 2 The appraised values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by Warranty Deed or by easement such tracts of land as shown on the project right-of-way map. The authorized price to be paid for each tract is the value as determined from appraisals made by the independent real estate appraiser employed by the City of Wichita Falls. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such appraised values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the City of Wichita Falls. Moved by Alderman Lambert that Resolution No. 1001 be passed. Motion seconded by Alderman Kruger, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 7c A proposed resolution was presented authorizing purchase of entire parcel of Lot 21, Block 61, Southland Addition. RESOLUTION NO. 1002 WHEREAS, it is necessary to acquire the property whereinafter described for construct- ion of the Kell Freeway, Project 52-071 under the 1967 Capital Improvements Program, and, WHEREAS, in Resolution No. 995, passed and approved by the Board of Aldermen of the City of Wichita Falls on October 21, 1969, an appraised value of $9,245.00 was approved for a partial taking of Lot 21, Block 61, Southland Addition, and, WHEREAS, the appraised value for the whole taking of Lot 21, Block 61, Southland Addition is $11,000.00, and, WHEREAS, the owner of Lot 21, Block 61, Southland Addition desires to sell the entire parcel at the appraised value. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The appraised value of Lot 21, Block 61 of the Southland Addition in the amount of $11,000.00 is hereby approved and the City Manager is hereby authorized to purchase, in the name of the City of Wichita Falls, by Warranty Deed, said Lot 21, Block 61, South- land Addition. The City Manager is further authorized to transfer title to the Texas State Highway Department, by Warranty Deed, that portion of Lot 21, Block 61, Southland Addition required for right-of-way for the Kell Freeway Project. The City Manager is further authorized to make the necessary relocations of improvements on Lot 21, Block 61 and sell, through competitive bidding, the improvements and remainder. 112 Item 7c Cont'd. Moved by Alderman Schenk that Resolution No. 1002 be passed. Motion seconded by Alderman Wills, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Lambert, Darner, Kruger, and Schenk Nays: None Item 8 _ John J. Roark, Director of Public Works, recommended award of the bid for two J 39,000 G.V.W. trucks for the Sanitation Department to International Harvester Company in the amount of $17,682.80. Theirs was the lowest bid submitted which met the specifications. Moved by Alderman Kruger that the bid be awarded as recommended. Motion seconded by Alderman Darner, and carried unanimously. -Item 9 Joe Smith, Director of Public Utilities, requested approval of final estimate on contract with Novak Construction Company for water improvements, Project 69-1, in the amount of $22,665.41. Acceptance of the project was also requested. Moved by Alderman Schenk that acceptance and final estimate on water improvements contract be approved in the amount of $22,665.41. Motion seconded by Alderman Lambert, and carried unanimously. ,Item 10 Ben Shelton, Director of General Services, requested permission to advertise `/ -for bids on 32 motor vehicles for various city departments, as follows. Vehicle Department 1 each - 1/2 Ton Pickup Utility Collections 1 each - 1/2 Ton Pickup Airport 1 each - Carryall Engineering 1 each - 1/2 Ton Pickup Sanitary Sewer 1 each - 1/2 Ton Pickup Water Source of Supply 2 each - 1 Ton Pickup Water Distribution 1 each - 1 Ton Flat Bed Traffic 1 each - 1 Ton Cab $ Chassis Sanitary Sewer 1 each - 1 1/2 Ton Cab & Chassis Traffic 1 each - 8,000 G.V.W. Cab $ Chassis Parks 1 each - 15,000 G.V.W. Cab $ Chassis Parks 1 each - 19,500 G.V.W. Cab & Chassis Central Garage 1 each - 23,000 G.V.W. With Dump Bed Street 1 each - 4 Door Sedan Water Development 15 each - 4 Door Police Sedans Police 1- each - 3 Wheel Truckster Parking Meters 1 each - 3 Wheel Truckster Golf Moved by Alderman Schenk that authority be granted to advertise for bids for 32 vehicles, as requested. Motion seconded by Alderman Wills, and carried unanimously. Item 11 Moved by Alderman Wills that minutes of the meetings of the Planning Board held October 8 and October 22, 1969, be received. Motion seconded by Alderman Kruger, and carried unanimously. 113 Item 12a Moved by Alderman Kruger that water reimbursement contract payments in the amount of $1,140.66, and sewer reimbursement contract payments in the amount of $952.11, be approved in a total amount of $2,092.77, as follows. Hamilton Investment Company, Water, Eighth Supplemental Addition of the Country Club Estates from October 30, 1968, to October 30, 1969; $1,140.66 Hamilton Investment Company, Sewer, Eighth Supplemental Addition of the Country Club Estates from October 30, 1968, to October 30, 1969; $142.18 Norman Downing, Sewer, Second Supplemental Addition to Park Place from October 31, 1968, to October 31, 1969; $105.86 Sunnyside Development Company, Joe A. Best, Jr. and Ralph Hines, Jr., Sewer, Section 2A and Section 2B of the Sunnyside Heights Addition from October 29, 1968, to October 29, 1969; $495.06 Hamilton Investment Company, Sewer, Seventh Supplemental Country Club Estates from October 31, 1968, to October 31, 1969; $209.01 Motion seconded by Alderman Schenk, and carried unanimously. d Item 12b & c Jerry Dunn, Assistant City Manager, recommended appointment of Mr. Lyle B. Cherry as Municipal Court Judge of the Municipal Court of Record for a two-year term, with a salary of $12,300 per year. He also recommended appointment of Mr. Joe B. Knox as Court Reporter, at a salary range of No. 23, and Mrs. Nan McNair as Court Clerk at a salary range of No. 23. Moved by Alderman Lambert that the recommended appointments and salaries be approved. Motion seconded by Alderman Wills, and carried unanimously. / Item 12d i c John J. Roark, Director of Public Works, requested authority to employ independent appraisers for right-of-way acquisition for the extension of McNiel to Call Field Road. Moved by Alderman Schenk that authority be granted to employ appraisers for ext- ension of McNiel. Motion seconded by Alderman Darner, and carried unanimously. v Mike Marks, Popular Furniture Company, appeared in regard to two of his furniture trucks being ticketed while loading furniture in the alley. Paul Yeager, Director of Public Safety, stated he had heard nothing about this, but would be glad to talk with Mr. Marks and take care of his problem within the confines of the ordinance. Fred Marks, Sav-Mor Furniture, 600 Scott, stated that the city ordinance provides for merchants to load and unload in the alley, and that he does not take this matter lightly. fie stated that of all the merchants downtown, most of them do not have the problem that furniture businesses have. It was his opinion that a provision should be made in the ordinance for consideration of parking his vehicles which he uses for a livelihood; that they should have a zone in which to put their trucks. He inquired of City Attorney H. P. Hodge whether there was a limit on how long a truck can stay in the alley; that they have no way of determining how long it will take to load a vehicle. Mr. Hodge stated he would find out whether there is a time limit. Alderman Schenk stated they were not taking his problem lightly. Alderman Lambert stated that this matter should be taken up first with Mr. Yeager, Mr. Franklin, and Mr. Hodge. fie also explained that at the last Traffic Commission meeting some complaints were brought that parking was being abused in the alley. Moved by Alderman Kruger that the meeting be adjourned. 114 Motion seconded by Alderman Darner, and carried unanimously. The Board of Aldermen adjourned at 4:40 P.M. PASSED AND APPROVED this `> day of ,� ��ti/� J , 1969. y: yor ATTEST: City Clerk