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Min 01/10/1966 823 Wichita Falls, Texas Memorial Auditorium Building January 10, 1966 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 7:30 o'clock P. M., with the following members present: J. Winston Wallander Mayor R. Kenneth Hill X Dr. D. C. Burross X Aldermen James M. Davis X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Leroy Daniel Absent Roy V. (Pete) Claytor Absent Cletus C. Schenk Absent The invocation was given by Alderman Hill. Mayor Wallander welcomed a group of Very Important Citizens who had been invited to attend the meeting by the Board of Aldermen. It was stated that they anticipate more visits from other citizens, and that other neighborhoods will be invited at a later date. v Mayor Wallander read a communication to members of the Council, regarding the visit to Washington by himself and City Manager Jack Davis to confer with officials of the Federal Communications Commission concerning cable television. In view of their findings (report attached) it was his recommendation that the City should delay any action, and table this item, until such time as the FCC has completed hearings and established its findings, and furnished the City guidance in this matter. Moved by Alderman Burross that this report be accepted, and that this item be tabled until a report has been submitted to us by the FCC. Motion seconded by Alderman Hill, and carried by an affirmative vote of all members present, including the mayor. Item 3 Moved by Alderman Hill that the minutes of the meetings held December 13 and 16, 1965, be approved. Motion seconded by Alderman Davis, and carried by an affirmative vote of all members present, including the mayor. ✓ Item 4 Change Order No. 7 to the contract with Miller and Holmes on auditorium renovation was considered. This change order in the amount of $2,101.84 is necessary due to creation of additional office space for the Planning Department, �' . and plaster for restroom facilities. Moved by Alderman Burross that Change Order No. 7 be approved in the amount of $2,101.84. Motion seconded by Alderman Hill, and carried by an affirmative vote of all members present, including the mayor. Item 5 Appointment of members to the Traffic Commission and Park Board was postponed << to a later date. 824 Item 6 ORDINANCE NO. 2206 J ORDINANCE ACCEPTING IMPROVEMENTS AT TWENTY-ONE LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS; DECLARING THE CONTRACT WITH J. F. FOSTER AND SONS CONSTRUCTION COMPANY 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 W AN EFFECTIVE DATE. Moved by Alderman Davis that Ordinance No. 2206 be passed. Motion seconded by Alderman Burross, and carried by the following vote: Ayes: Mayor Wallander, Aldermen Hill, Burross, and Davis. Nays: None Item 7 John P. Ruhmann, Director of Public Utilities, recommended that plans and specifications be accepted for clearing Lake Arrowhead basin, and that author- ization be given to advertise for bids on same. The estimated cost for clearing approximately 5,704 acres is thought to be in the neighborhood of $456,320.00. Moved by Alderman Burross that plans and specifications be accepted, and authority granted to advertise for bids on clearing Lake Arrowhead basin. Motion seconded by Alderman Davis, and carried by an affirmative vote of all members present, including the mayor. Item 8 John J. Roark, Director of Public Works, requested permission to advertise r for bids for approximately 3,980 lineal feet of curb and gutter on Hatton Road. r Moved by Alderman Hill that authority be granted to advertise for bids as requested. Motion seconded by Alderman Burross and carried by an affirmative vote of all members present, including the mayor. ✓ Item 9 Permission was requested by John J. Roark, Director of Public Works, to advertise for bids for paving and curb and gutter, on the 1966 assessment paving �. program. ` rr Moved by Alderman Davis that authority be granted to advertise for bids on the 1966 assessment paving program as requested. Motion seconded by Alderman Hill, and carried by an affirmative vote of all members present, including the mayor. Item 10 Permission was requested by John J. Roark, Director of Public Works, to advertise for bids for construction of a siphon crossing on Beverly Drive across 7� the Wichita County Improvement District canal. Moved by Alderman Burross that authority be granted to advertise for bids for construction of a siphon crossing on Beverly Drive as requested. Motion seconded by Alderman Davis, and carried by an affirmative vote of all members present, including the mayor. Item 11 Jim Thornton, Director of Planning, requested that the Council approve the recommendation of the Board of Adjustments and Appeals regarding the exception l 825 Item 11 cont'd of the location of Wichita Container Company. The Board of Adjustments and Appeals granted this company permission to operate their business at 420 Indiana for one year from December 1, 1965, even though it is in the Number One Fire Zone. Wichita Container Company was not aware of the fire zone restriction when they leased the building. Moved by Alderman Bill that the exception to the fire code be granted to Wichita Container Company for one year from the date of lease agreement, which was December 1, 1965. Motion seconded by Alderman Burross, and carried by an affirmative vote of all members present, including the mayor. Item 12 Ed Daniel, Director of Parks and Recreation, recommended that the low bid of M & F Litteken Company be accepted in the amount of $4,127.54 for golf cart storage building at Weeks Park. Moved by Alderman Burross that the low bid of M & F Litteken Company be accepted as recommended. Motion seconded by Alderman Hill, and carried by an affirmative vote of all members present, including the mayor. Item 13 Bids were received on January 6, 1966 for construction of a paved parking lot at Kemp Public Library. The only bid received was from R. 0. Green Construction Company in the amount of $4,856.50. The engineer's estimate on this project amounted to $5,585.00. Ronald Neighbors, Assistant City Manager, recommended acceptance of this bid. Moved by Alderman Davis that the bid be awarded to R. 0. Green Construction Company in the amount of $4,856.50 for paving library parking lot. Motion seconded by Alderman Burross, and carried by an affirmative vote of all members present, including the mayor. Item 14 ORDINANCE NO. 2205 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE SOUTHWESTERN TERRI- TORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE (WESTERN HILLS BAPTIST CHURCH SITE). % Moved by Alderman Hill that Ordinance No. 2205 be passed. Motion seconded by Alderman Davis, and carried by the following vote: i" Ayes: Mayor Wallander, Aldermen Hill, Burross, and Davis. Nays: None Item 15 J The following low bids were read by City Manager Jack Davis on various supplies and equipment, and award recommended. i. a. 3 Cushman trucksters for Parks and Recreation Department. Cycle Mart of Wichita Falls - $3,464.30 ✓ b. 7 Gang Mower for Parks Department. Colonial Motor Company - $4,759.92 c. Estimated annual supply of batteries. B. F. Goodrich of Wichita Falls - $2,226.95 d. Estimated annual supply of diesel fuel. Grozier-Mann Oil Company - $57,000.00 826 - Item 15 cont'd e. Estimated annual supply of gasoline. Humble Oil and Refining Company - $649072.80 f. 7 Automobiles various Departments (City Manager, Planning, Tax, Fire Marshal, Civil Defense, Public Works, Parks) . W. 0. Waites Ford - $12,761.55 g. 4 - 15,000 GVW Trucks for Street, Water, and Parks Department. International Harvester Company - $7,543.36 h. 1 - 23,000 GVW Truck for Street Department. Morgan Motor Company - $2,389.00 i. 1 Dump bed truck for Street Department. Longhorn Trailer and Body Company - $1,085.28 j . 2 - 18,000 GVW Trucks for Water Department. W. 0. Waites Ford - $3,565.60 k. 6 light pickups for various departments. W. 0. Waites Ford - $7,150.00 1. 3 heavy pickups for Water and Parks Department. W. 0. Waites Ford - $4,497.00 m. 1 flat dump bed for Water Department truck. Wichita Engineering Company - $727.94 Moved by Alderman Burross that the various low bids for supplies and equipment be accepted, as recommended by City Manager Jack Davis. Motion seconded by Alderman Hill, and carried by an affirmative vote of all members present, including the mayor. Item 16 ORDINANCE NO. 2207 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 015-Z-4, AND DECLARING AN EMERGENCY. Moved by Alderman Davis that Ordinance No. 2207 be passed, making an appropriation for an automobile for the Director of Planning. Motion seconded by Alderman Burross, and carried by the following vote: Ayes: Mayor Wallander, Aldermen Hill, Burross, and Davis. Nays: None; 6 Item 17 Permission was requested by K. G. Wilks, Purchasing Agent, to advertise for bids for 50 tons of fertilizer for the Parks Department, and also for an estimated annual supply of tires and tubes. Moved by Alderman Burross that authority be granted to advertise for bids as requested. Motion seconded by Alderman Davis, and carried by an affirmative vote of all members present, including the mayor. Item 18 J Moved by Alderman Burross that the minutes of the following boards and commissions be received: a. Traffic Commission - December 14, 1965 b. Planning Board - December 15, 1965 c. Electrical Advisory Board - January 3, 1966 d. Board of Adjustments and Appeals - December 7 and 10, 1965, and January 4, 1966. Motion seconded by Alderman Hill, and carried by an affirmative vote of all members present, including the mayor. Item 19 ' Moved by Alderman Hill that the following sewer reimbursement contract payment be approved: Sunnyside Development Company, Joe A. Best, Jr. and Ralph Hines, Jr. , Sewer, Section 2 A and Section 2 B of Sunnyside Heights Addition, from October 29, 1964, to October 29, 1965; $457.61 Motion seconded by Alderman Davis, and carried by an affirmative vote of all members present, including the mayor. 827 ' The Mayor informed Mr. Kelvin Vest that they were aware of his problem with the Electrical Advisory Board (reflected in their minutes of January 3, 1966) , and inquired of him if lie had any questions. Mr. Vest stated that he just wanted to know if the Electrical Advisory Board would inform him of their find- ings, and Mayor Wallander stated that he would be notified of their decision. Moved by Alderman Hill that the meeting be adjourned. Motion seconded by Alderman Burross, and carried by an affirmative vote of all present, including the mayor. The Board of Aldermen adjourned aaat // 8:15 P. M. PASSED AND APPROVED this �JL� C day of ± , 1966. ayor ATTEST: City Clerk M E M O R A N D U M TO: Members of the City Council DATE: January 10, 1966, FROM: Mayor J. Winston Wallander SUBJECT: Meeting with FCC Officials On January 4. 1966: City Manager Jack Davis and I went to Washington to visit with officials of the Federal. Communications Commission to gain what knowledge we could about the future regulation of CATV systems. We have prepared a report whi :h is attached to this letter which generally outlines cur findings In view of the attached report, it is my opinion that the City should delay any action on cable television until such time as the Federal. Com- munications COMMission has completed hearings and established its findings. It is my understanding that the FCC will make the necessary investigations and findings on the merits of CATV in any locality if they assume. control. It would therefore appear to be unwise for us to attempt to make this decision in Wichita Falls until such time as the rule is made and a course of action set by the FCC. Since the FCC has made a recommendation that franchise authorities delay action., it is my recommendation to the Council that we table this item until such time as we are given guidance by the FCC. M E M O R A N D U M TO: Members of the City Council FROM: DATE: January 10, 1966 Mayor Winston Wal' ander and C.i.ty Manager Jack Davis SUBJECT: Meeting with FcC Officials in Washington, D. C. On January 4, 1966; We Sheridan inet with the followi.n. FCC Of He.��*rY Geller and Martin I,ev, g Officials: concerned with regulation of a� Mr. Sheridan is head of the dmes ivisionments withil) t_�^• CATV sgste��s and Mr. are discussi.n is d'_,rision. All are directl._y concernedrw th the Lev g, that. of re Y head depart- on the various itemsulatir of CATV systems, problem which we Will not 9 he summary Of our findin s Wlty'Out attempting ne� 'sarl.ly be i $ are enumerated below. These to expand varied. proper Order since our talk was These quite lengthy and I. Federal C mrn?catics the quest.io:T, such as t.heo©dmzssion Status - Accordi.r the last two ne .i� Wichita Falls has only g1to the officials, gears, a_nd a study was be begun in y arisen within CATV systems g' April, 1965.. receive. t:elevision.doffgned to the airServe areas that could Originally spread into , : t.ies which do have adequate television this t otherwise In recent years this practice has ai.ro coverage off the a. N°ti.ce of Ingeriry and Notice of Proposed Rule issued April 2.3, 1.965. This notified the Makin intent. of the FCC t© stud g was y the effect of it of the systems and whether such s off the air" to the licensin Ystems should be re CATV g of CA" usi7g microwave facilities.td similar b. Within the document issued CATV and the dilemma of local government he FCC recognizes the withholdi.n of growth rof g franchises in the granting or The FCC re port where microwave is DotP states that local a factor. governments should take re- cognizance of the fact that the consideration, matter is under Commission C. The inquiry has been completed and a hearin February 7, 1966, to consider and determineg het been set for license "off the air" CATV systems. her the FCC will be reached some time during thr A final conclusion should spring of 1966. d• No legislation is anticipated in the current sessio pending the outcome of the FCC hearings and n of Congress some. time will elapse tosee what effect the rulin s control, of CATV systems. g in all probability, g have on the e. It is expected that the FCC will rule that it has authority to license off the air CATV and that such licensing will probably Meeting with FCC Officials in Washington, D. C. December 10, 1966 Page 2 begin shortly after conclusion of the .hearings. f• In the event that FCC assumes licensin basic procedure would be followed: g authorit Y, this 1• Request for .investi area would be dir gation and licensing ected to the FCC. for an 2• An FCC team of investi area and make gators would come into the an investigation and report. 3. The report would be basically concerned as to whether the "public interest" by allowi.n a would best be served g CATV system and whether such allowance would endanger local television and develo future television in a community. Pment of 4. The FCC would either allocate or a license in an area deny allocation of authority ,+ If allowed, the franchise `C1ty) would then select the operator with r.eg�;lation of operation to be done by the FCC. II. General Comments The following impressions were g Congressman Walter above FCC officials and with gained through of the Rogers, Chairman of the Communications Committee iof t House. Committee a. That CATV does have a that the onl future in the communications field and Of the is Y objection. by system the FCC occurs when opposed to the public interestlnstallation b• The transmission n of Althoug h color TV is improved by use of .. i. some areas, color transmission is the cable. topography. The cable will still areas or where some type good due to improve reception in low problems that would t pcointe controlled occurs . the carriage Y FCC regulationSome o the g and non-duplication the would be equal time provisions features of the features 9 control of obscenity Present act, and control Of Y and other objectional Program origination, C. The FCC is very -, interested in promoting new UHF channels. d• Even though franchise'smay be granted throughout the by local groups, that license be FCC if the might stillcountry y assume control. denied by the e• Some estimates indicate that cable TV will reach as 85 percent of all. homes in the some d favors this growth if it United States many as provides ay and FCC greater diversity of programing Meeting with FCC Officials in Washington, D. C. December 10, 1966 Page 3 and is in the public interest. f. A situation very similar to the one in Wichita Falls is found in the Altoona-Johnstown, Pennsylvania region where all three networks are provided the two cities, and the City of Pittsburgh is within 100 miles. CATV applications are presently pending in that City. Peoria, Illinois was listed as having the same similar situation except that they have two UHF stations and Chicago stations are proposed to be brought into that city. This application is also pend- ing the FCC hearing. At the conclusion of our meeting with the Federal Communications Officials, they suggested that we read certain information which they provided us, and that if Possible, we delay action on any franchise until after conclusion of the hearings scheduled for February.