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Min 09/21/1971 442 Wichita Falls, Texas Fannin School September 21, 1971 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date in Fannin School, 710 Burkburnett Road, at 7 :30 o'clock P.M., with the following members present : Kenneth Hill Mayor Harry Campsey X Harrison E. Taylor X Larry Lambert X Dick Darner Aldermen J. C. Boyd, Jr. Bill Drake Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Boyd. Visitors were welcomed by the Mayor. Item 3 Moved by Alderman Boyd that minutes of the meeting held September 7, 1971, be approved. Motion seconded by Alderman Taylor, and carried unanimously. / Item 4 Mr. Titus Mitchell appeared as a representative of Mr. E. G. McCray, owner of Guys and Dolls, requesting repeal of the ordinance prohibiting dancing where intoxicating beverages are sold. He mentioned a recent incident in one dancing establishment in which he stated that Mr. Doyle Davis of the Texas Alcoholic Beverage Commission had explained that they could have pulled their license to sell alcoholic beverages if they had had one, but they did not have one. Mr. Mitchell explained that private clubs can serve beer in the dance hall, and feels that Mr. McCray's operation should be the same. He also argued that an establish- ment down the road outside the city limits could sell alcoholic beverages in the dance hall. The City Manager explained that in 1968-69 the staff prepared a report to the Council regarding the liquor laws. At the same time, the staff recommended that the provision of dance halls and sale of beer be left as it was, and that they saw nothing to change it at this time. Following other discussion, it was moved by Alderman Lambert to table this matter. Motion seconded by Alderman Campsey, and carried unanimously. Item Sa A proposed ordinance was presented determining the necessity for curb and gutter improvements on Loop 473 (Old Jacksboro Highway) from 30th to Christine Street. ORDINANCE NO. 2667 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF LOOP 473 FROM THIRTIETH STREET TO CHRISTINE STREET 443 Item 5a, Cont'd. IN THE CITY OF WICHITA FALLS, TEXAS; ACKNOWLEDGING THE FACT THAT APPRO- PRIATIONS FOR PAYING THE CITY'S PORTION OF THE CONSTRUCTION COST OF THIS FACILITY HAVE BEEN MADE; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR CURB AND GUTTER AND THE ISSUANCE OF ASSIGN- ABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEERS TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY CLERK TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF WICHITA COUNTY-, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED- INGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE 1105B OF VERNON'S TEXAS CIVIL STATUTES; AND 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 AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS . Moved by Alderman Drake that Ordinance No. 2667 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5b A proposed ordinance was presented approving and adopting estimates for improvements on Loop 473 (Old Jacksboro Highway) and setting the benefit hearing on October 19, 1971, at 10:00 A.M. v" ORDINANCE NO. 2668 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A PORTION OF LOOP 473 (OLD JACKSBORO HIGHWAY) IN THE CITY OF WICHITA FALLS, TEXAS : FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORD- INANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Taylor that Ordinance No. 2668 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5c A proposed ordinance was presented accepting curb and gutter improvements / on Old Seymour Road project. v r ORDINANCE NO. 2669 ORDINANCE ACCEPTING IMPROVEMENTS ON OLD SEYMOUR ROAD FROM MCNIEL AVENUE TO SANTA FE STREET AND AVENUE K FROM ARTHUR STREET TO KEMP BOULEVARD, IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2507 DECLARING THE CONTRACT WITH TIMMINS AND ANDERSON AND ASPHALT PAVERS, INC. 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. 444 Item 5c, Cont'd. Moved by Alderman Darner that Ordinance No. 2669 be passed. Motion.seconded by Alderman Drake, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5d A proposed ordinance was introduced, annexing certain territory to the City of Wichita Falls. ORDINANCE NO. 2670 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS , TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Darner that Ordinance No. 2670 be introduced. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5e A proposed ordinance was presented accepting the Southwestern Bell Telephone Company franchise extension. ORDINANCE NO. 2671 AN ORDINANCE ALLOWING THE REQUEST OF SOUTHWESTERN BELL TELEPHONE COMPANY TO EXTEND FOR FIVE YEARS THE PERIOD OF THE AGREEMENT CONTAINED IN ORDINANCE NO. 2138. Moved by Alderman Taylor that Ordinance No. 2671 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 5f A proposed ordinance was presented accepting amendments to Municipal Court Statutes. City Attorney H. P. Hodge, Jr. , explained that ours is the only municipal court of record in the state. The authority for this was requested of the legis- lature in the hope that it would assist us in the back log of appeals. After pass- age by the legislature, it was left up to the city to adopt an ordinance authorizing this court. He explained that he felt that it has been very successful. Some changes were recommended to the legislature which would smooth out some rough spots in the statute. He reported on the recommended changes. (Copy of memo attached) . ORDINANCE NO. 2672 AN ORDINANCE ADOPTING CHANGES IN THE MUNICIPAL COURT OF RECORD, ARTICLE 1200aa, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, AS PROVIDED BY THE 62ND LEGISLATURE OF THE STATE OF TEXAS IN SENATE BILL 881, CHAPTER 822, PAGE 2501, REGULAR SESSION. Moved by Alderman Drake that Ordinance No. 2672 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: i Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None 445 Item 6a } A proposed resolution was presented authorizing proposals to property owners on Kell Freeway project. t RESOLUTION NO. 1228 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 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 projects and properties to be purchased by Warranty Deed are as follows : Kell Freeway - Project 52-071 (Warranty Deed) E. 79.7 ft. of N. 75 ft. of Lots 1 & 2, Block 19, I. Jalonick Addition W. 75 ft. of Lot 10, Block 6, I. Jalonick Addition Combined total of values approved in this resolution ---------------$21,000.00 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 Highway Department, or the City of Wichita Falls , 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 or the City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1228 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 6b A proposed resolution was presented authorizing the City Manager to execute a lease agreement at 706 East Scott between the City and Mr. I. R. Monaghan for property being used by the Public Transportation and Parking Meter Departments. The City Manager explained that this was extending the time and giving the City an option to void the lease in case they get out of the bus business. RESOLUTION NO. 1229 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain lease agreement dated September 9, 1971, wherein I. R. Monaghan leases to the City of Wichita Falls the property at 706 Scott for the use of the public transportation and parking meter departments is hereby approved, and the City Manager is authorized to execute same for the City of Wichita Falls. Moved by Alderman Taylor that Resolution No. 1229 be passed. Motion seconded by Alderman Lambert, and carried by the following vote: 446 Item 6b, Cont'd. Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 6c E 1 A proposed resolution was presented authorizing the appearance of the Airport Manager and City Attorney before the Texas Aeronautics Commission. The City Manager explained that this would allow them to make presentations and recommendations to the Texas Aeronautics Commission at the hearing on October 7, 1971. The Aviation Advisory Board had previously recommended that the City of Wichita Falls support the application of Rio Airways, subject to such evidence as might be presented at the hearing to be conducted by the Commission. Jerry Weller appeared as president of Sabre Airlines, 821 Petroleum Building. He stated that they did not have an opportunity to make a presentation to the Aviation Advisory Board because they misunderstood the purpose of the meeting. He mentioned several reasons why he felt they should be chosen over others. He requested the City Council to instruct the Aviation Advisory Board tD reconsider their recommendation of Rio Airways of Killeen, and requested that the representatives not be sent to Austin to support Rio Airways. He stated that they were going before the Commission for a Certificate of Public Convenience and Necessity, and a negative vote by the city would be detrimental to them. John McKelvey of Electra, appeared as general counsel for Rio Airways. He stated that they have been flying scheduled airlines for four years and as far as he knows, neither of the others has ever flown scheduled airlines or even have an airplane. He commented on the safety of the aircraft. He stated they have five airplanes. Maintenance will be done in Killeen. Fuel will be purchased in Wichita Falls on their commuter flights to Dallas. They will have four round trips daily. Their fares will be the same as Texas International because they feel their service will be equally as good. Rio has agreements with all major airlines serving Dallas. Their ticket will be honored by all other airline carriers. The company is owned completely by Ted Connell and his family. He stated that if they are allowed to serve Wichita Falls , it will be a trunk route with connections to several cities. Mr. Bob Harmon, President of Air Texas, Inc. , requested that someone define the endorsement of the Aviation Advisory Board to the City Council. He stated that theirs is similar to Rio, except that they are not now presently in business, but trying to get in business to serve the City of Wichita Falls. Alderman Lambert stated that the Board first passed the resolution designating their representatives, and then they requested that they support Rio Airways subject to such evidence as might be presented in the public hearing of the Commission. He stated that our representatives would have the authority to act in the best interest of the City. Mr. Harmon stated that he felt the City should have a say in who is awarded the commuter service, but he feels that decision should be made after the hearing, and not before. Mr. Harmon stated that according to some publicity, some of the crews with Air Central have been reported to have been approached by Mr. Weller. He stated that these employees are in the employ of Air Texas, and not Sabre Airlines. Jerry Haas is their chief pilot. Mr. Ryle appeared as a representative of the Aviation Advisory Board, stating that he felt all they could do would be to advise the Council. He expressed his pleasure in serving on the Aviation Advisory Board. He stated that the Board heard about three hours of testimony on September 15, and that most of the information which Mr. Weller presented to the Council was also given to them at that meeting. He stated that the Board questioned whether they should make this recommendation for Rio Airways; however, they felt the over riding problem was who could give the best commuter service to the City of Wichita Falls, and this was the basis of their recommendation to the Council. He stated their recommendation was not a veto of the other applicants, but felt that they should make some recommendation. The two people going down to the hearing are to make their decision based on the best evidence. The Commission will make a recommendation on the ability of each group to perform. Alderman Drake inquired if a local airline were equal to an out-of-town airline, then would it not be to our advantage to have the local company? Mr. Ryle stated that it would, but they did not feel that the local airlines were equal. Alderman Campsey inquired if the Texas Aeronautics Commission is more qualified to pick the the airlines rather than the City Council. He stated that we should say definitely I 447 Item 6c, Cont'd. that we need a commuter airline, but whether we should say which one, he does not know. Mr. McKelvey stated that the hearing would be held before an examiner, and then he would make his recommendation to the Texas Aeronautics Commission. It may take three weeks before a decision is rendered. Mr. McKelvey stated that testi- mony is closed at the public hearing. A motion was made by Alderman Taylor, and seconded by Alderman Lambert that Resolution No. 1230 be passed. Alderman Lambert questioned whether they should send the Airport Manager and City Attorney with any specific recommendations. Dis- cussion continuelwith Alderman Boyd suggesting an amended motion, leaving out the phrase in the resolution, "the recommendations of the Aviation Advisory Board". RESOLUTION NO. 1230 WHEREAS, the Texas Aeronautics Commission will soon hold a hearing to determine whether it should issue a certificate to a commuter airline serving Wichita Falls and Dallas, and possibly other points; and, WHEREAS, the City of Wichita Falls has a need for the sevices of a commuter airline. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The Airport Manager and the City Attorney of the City of Wichita Falls, Texas, are authorized to appear at such hearing for the City of Wichita Falls, and support the granting of such a certificate, unless some new evidence should disclose that the granting of such certificate would be detrimental to the City of Wichita Falls; and, After considering all of the evidence and conferring with the City Manager, they shall support that applicant which will best serve the interests of the City of Wichita Falls. Moved by Alderman Taylor that Resolution No. 1230 be passed, authorizing Mr. Fitzgerald and Mr. Hodge to represent the City of Wichita Falls at the hearing of the Texas Aeronautics Commission, and to do what they can in obtaining an air- line, and to make the recommendation that they feel would be most beneficial to the City. Motion seconded by Alderman Lambert, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Item 7a Permission was requested to advertise for bids for traffic signal equipment for the Brook Street traffic improvements. Moved by Alderman Lambert that authority be granted to advertise for bids as requested. Motion seconded by Alderman Drake, and carried unanimously. 1` Item 7b 1 Permission was requested to advertise for bids for demolition of hazardous structures on which a mandatory injunction was rendered on June 28, 1971. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Darner, and carried unanimously. 448 Item 8 Moved by Alderman Lambert that minutes of the meetings of the Aviation Advisory Board held September 15, 1971, and the Traffic Commission held August 10, 1971, be received. Motion seconded by Alderman Drake, and carried unanimously. Item 9a J� Lanier Wilson, Tax Assessor and Collector, requested authority to adjust various taxes in a total amount of $19,347.36. Moved by Alderman Taylor that Tax Adjustments Nos. 15425 through 15616, be approved. Motion seconded by Alderman Darner, and carried unanimously. Item 9b Mayor Hill made the following appointments to a Wichita Falls Bicentennial Commission. Name Representing David Wolverton First Wichita National Bank Randy Hempling Nortex Regional Planning Commission Joe White Chamber of Commerce Warren Silver Channel 3 TV Mack Lester KTRN Radio John Ebner Ebner Packing Company Edward York Wichita Cigar & Tobacco Bill Donnell Times & Record News Pete Martinez W.F. Independent School District Bill Drake (Ex Officio) Councilman j Harrison Taylor (Ex Officio) Councilman Ikard Smith McClurkan's Department Store Bobby Perry Teacher (Rider High) James Stewart Dean of Men (Midwestern) Don Wills City National Bank Landrum Leavell First Baptist Church Polly Jones W.F. Museum and Art Center Merle Anthony Teacher (Wichita Falls High School) Lt. Col. Vilas Bielefeldt Sheppard Air Force Base Richard Waggoner City National Bank These appointments are in connection with the 200th anniversary of the United States, which occurs in 1976. The Mayor explained that this commission would "cook up something", and would be a special sub-committee of the Citizens Advisory Committee. Moved by Alderman Lambert that the appointments be approved. Motion seconded by Alderman Boyd, and carried unanimously. Item 10 A proposed resolution was presented authorizing the City Manager to execute the necessary contracts for organizing of a job development program under the Emergency Employment Act of 1971. f RESOLUTION NO. 1231 WHEREAS, the City of Wichita Falls recognizes that a need exists for a positive effort toward lowering the level of unemployment in the City; and, WHEREAS, the United States Department of Labor has reserved funds in the amount of $73,000.00 under the Emergency Employment Act of 1971 for use by the City to establish an employment program during the 1971-1972 fiscal year; and, 449 L f Item 10, Cont'd. WHEREAS, the city staff has developed an employment program and made application for funds in the amount of $73,000.00, which, together with the City's contribution of $8,111.00 of in-kind services, will produce a program with funds totaling $81,111.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Gerald G. Fox, City Manager of the City of Wichita Falls, is authorized and directed to complete the application in the name of the City of Wichita Falls for a federal grant under the Emergency Employment Act of 1971, to be applied to the cost of an employment program within the City; said City Manager is further authorized to sign any necessary documents required to carry out and complete such project on behalf of the City of Wichita Falls by Gerald G. Fox, City Manager, are hereby ratified and confirmed. Moved by Alderman Taylor that Resolution No. 1231 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Darner, Boyd, and Drake Nays : None Jack Ballard commented on the success of the neighborhood council meeting, and other items which he felt were important. Dod Wiley presented a check to Mayor Hill from the County to the City in the 4/4 - amount of $250,000 for their share of a coordinated project. Raul Orona commended the Council for their efforts in bringing the meeting to a neighborhood. Moved by Alderman Boyd that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 9:52 P.M. PASSED AND APPROVED this _1' c�ci day of 4��� ,r� > 1971. ,MIlor ATTEST: City Cler ADMINISTRATION CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: H. P. Hodge, Jr. , City Attorney DATE: September 16, 1971 FROM: Edwin Luecke, Deputy City Attorney SUBJECT: Changes in Article 1200aa, Vernon' s Texas Civil Statutes, as made by Senate Bill 881, Chapter 822 , 62nd Legislature of Texas . Section 1. Section 5 of Article 1200aa, VCTS is amended by providing that parking tickets, including red meter tickets, need not be signed by the City Attorney unless a complaint is tried in court. This was recommended by a representative of M.I.S. in connection with the new traffic tickets to be used on the computer. Section 2 . Section 6 of Article 1200aa, V.C.T.S. is amended so as to provide that the records may be kept by the clerk on micro- film when over one year old, andshall be admissible in evidence as provided by Article 3731a, 3731b and 3731c, V.T.C.S. in civil cases. This was suggested by the clerk as a means of keeping records in a smallerspace. Section 3 . Section 13 of Article 1200aa, V.C.T.S. is amended by providing that jurors for the municipal court be taken from the registration list of the City of Wichita Falls, rather than from the tax rolls . Suggested by the court and clerk as a better means of selecting jurors since many taxpayers are dead, estates or corpora- tions and names of taxpayers appear sometimes twice or more in the jury wheel. Section 4. Section 17 of Article 1200aa, V.C.T.S. is amended by providing that the court require that the defendant remain in custody of the chief of police except when otherwise ordered by the court. This amendment was recommended by the court since under the new traffic law this authority is given by the court. Section 5. Amends Section 25 of Article 1200aa, V.T.C.S. , which provides that the appeal be perfected by filing an appeal bond subject to compliance with the provisions of Section 34 of Art. 1200aa, which provides for the payment of a fee of $10.00 to the clerk of the court for preparation of the transcript and statement of facts. Section 6. Amends Section 34 of Article 1200aa, V.T.C.S. by providing that the $10.00 be paid at the time of request for the transcript. The last two amendments were made to clarify the time the fee of $10.00 must be paid. 1 � � � � �