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Min 07/18/1966 915 Wichita Falls, Texas Memorial Auditorium Building July 18, 1966 Items 1 4 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: R. C. Rancier Mayor R. Kenneth Hill X Dr. D. C. Burross X James M. Davis X Aldermen Max Kruger X Cletus C. Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Leroy Daniel Absent The invocation was given by Alderman Hill. ` Mayor Rancier introduced Mrs. Rancier, Mr. and Mrs. Forest Hashbarger, and a group of foreign students at Sheppard Air Force Base, from Iran. They were accomp- anied by their sponsor, Sergeant Tarkington. He also welcomed a group of V.I.C.'s from the University Park-Western Hills area. Item 3 Moved by Alderman Burross that the minutes of the regular meeting held June 27, 1966, be approved. Motion seconded by Alderman Kruger, and carried unanimously. j Moved by Alderman Hill that the minutes of the called meeting held July 11, 1966, be approved. Motion seconded by Alderman Kruger, and carried unanimously. Items 4 4 5 d v The public hearing to consider request for franchise by Lone Star Gas Company was opened. Hal Dyer, of Lone Star Gas Company, made a brief comment on their service. City Manager Jack Davis recommended that Lone Star Gas Company be permitted to operate in the City of Wichita Falls. He also recommended that the rating process and street rental regulation be kept a separate ordinance. ORDINANCE NO. 2244 AN ORDINANCE GRANTING A PERMIT TO THE LONE STAR GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN IN THE CITY OF WICHITA FALLS, TEXAS, A PIPE SYSTEM FOR DISTRIBUTING NATURAL GAS TO INDUSTRIAL, COMMERCIAL AND DOMESTIC USERS IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING THE RIGHT TO THE SAID LONE STAR GAS COMPANY TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE, AND MAINTAIN ITS SYSTEM OF PIPES; PROVIDING THAT THIS PERMIT DOES NOT CONFER ANY EXCLUSIVE RIGHTS; PROVIDING FOR THE AMOUNT OF MAIN TO BE EXTENDED FOR ADDITIONAL CUSTOMERS ADDED; PROVIDING FOR THE RIGHT OF THE CITY TO DETERMINE TO ACQUIRE GRANTEE'S PROPERTY AND PROVIDING FOR THE DETERMINATION OF THE PURCHASE PRICE THEREOF; PROVIDING THAT THIS PER- MIT SHALL CONTINUE FOR A TERM OF TWENTY (20) YEARS; PROVIDING FOR THE ACCEPT- ANCE OF THIS PERMIT BY GRANTEE. Moved by Alderman Schenk that Ordinance No. 2244 be passed, with the City Manager's recommendations. Motion seconded by Alderman Hill, and carried by the following vote: 916 Items 4 4 5 cont'd Ayes: Aldermen Hill, Burross, Davis, Kruger, and Schenk. Nays: None ✓ Item 6 City Manager Jack Davis recommended adoption of an ordinance setting the street rental for Lone Star Gas Company at 3% of the gross receipts. / ORDINANCE NO. 2252 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1347, INCREASING THE RENTAL CHARGE TO BE PAID BY PERSONS, FIRMS AND CORPORATIONS ENGAGED IN THE SALE OF GAS AND WHO USE THE STREETS, ALLEYS AND PUBLIC WAYS OF SAID CITY, TO THREE (3) PER CENT OF THE GROSS INCOME FROM THE SALE OF GAS WITHIN THE CITY. Moved by Alderman Schenk that Ordinance No. 2252 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Kruger and Schenk. Nays : None J Item 7 John J. Roark, Director of Public Works, recommended acceptance of Texas Highway Commission Minute Orders Nos. 58020 and 58021. City Manager Jack Davis stated that it would be necessary to call a bond elec- tion to meet our obligations on these projects. The passage of the proposed res- olutions would permit the Texas Highway Department to proceed with engineering sur- veys to establish location and right of way requirements for each project. RESOLUTION NO. 651 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The provisions of Minute No. 58020 passed by the Texas Highway Commission on June 30th, 1966, are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the State Highway Department and pro- ceed with the obligations so stipulated in said Minute Order as being responsibilities of the City. 4 ✓ RESOLUTION NO. 652 THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, The provisions of Minute No. 58021 passed by the Texas Highway Commission on July 30th, 1966, are acceptable to the City of Wichita Falls. It is hereby ordered that the City of Wichita Falls cooperate with the State Highway Department and prop ceed with the obligations so stipulated in said Minute Order as being responsibilities of the City. Moved by Alderman Burross that Resolutions Nos. 651 and 652 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Kruger, and Schenk. Nays: None Item 8 John J. Roark, Director of Public Works, requested permission to advertise for the following equipment for refuse container system: 1 each Compaction Body with Truck $17,000.00 8 each Pickups 18 000.00 24 each Trailers 15,000.00 v 917 Item 8 cont'd 8 each Pickeup containers 20700.00 164 each containers 40,000.00 Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Burross, and carried unanimously. Alderman Davis inquired what area this new train would cover. Mr. Roark ex- plained it would be the area from Kemp and Archer back toward the center of town. Approximately one-half of the city would be covered after this installation. He stated this method had proved most successful. Item 9 Permission was requested by John P. Ruhmann, Director of Public Utilities, to advertise for bids for two horizontal water pumping units, complete with motors and starters to be placed at Lake Arrowhead. Estimated cost is $75,000.00. Moved by Alderman Burross that authority be granted to advertise for bids for pumping equipment. Motion seconded by Alderman Schenk, and carried unanimously. Item 10 Permission was requested by David G. Alford, Director of Public Safety, to advertise for bids for two grass-fire trucks. This would replace two pickups which are economically unfeasible to operate. Estimated cost in $7,500.00 each. Moved by Alderman Burross that authority be granted to advertise for bids for two grass-fire trucks. Motion seconded by Alderman Kruger, and carried unanimously. Item 11 ✓ Consideration of speed limits for trains within the city limits was deferred, and referred to the Traffic Commission for further study and recommendation. /Item 12 Moved by Alderman Hill that the bid be awarded to Paper Service Company of Wichita Falls, in the amount of $2,577.80, for 710,000 envelopes for Utility Collection Department. Motion seconded by Alderman Davis, and carried unanimously. d' Moved by Alderman Kruger that the low bid of Econolite be accepted in the amount of $27,563.80, for traffic signal equipment (Controllers, Poles, Pressure Detectors, and Signals). Motion seconded by Alderman Schenk, and carried unanimously. ✓'� Item 13 Moved by Alderman Hill that the high bid of R. W. Wilson be accepted in the amount of $6,501.13 for Warford Street Fire Station, lot and building. Motion seconded by Alderman Schenk, and carried unanimously. Item 14 Robert 0. Winters, Tax Assessor-Collector, recommended approval of Tax Adj- ustments Nos. 2179 thru 2826, as follows: City $6,952.09 Water District #1 $121.57 f i 918 Item 14 cont'd Moved by Alderman Burross that Tax Adjustments Nos. 2179 thru 2826 be approved. Motion seconded by Alderman Hill, and carried unanimously. l Item 15 A new chairman for the Lake Arrowhead Advisory Committee was needed to replace Harry Campsey. Mr. Campsey will remain on the committee as a member. . Alderman Schenk recommended 0. D. McBride. It was felt that due to his activity on other committeds it would be best to select someone else. ✓ Moved by Alderman Burross that Tom Crane be appointed as chairman of the Lake Arrowhead Advisory Committee, subject to his acceptance. Motion seconded by Alderman Kruger, and carried unanimously. Item 16 A proposed ordinance to prevent keeping snakes in the city limits was presented. Moved by Alderman Schenk that this ordinance not be passed, but that those interested in this matter be heard at--this time. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Kruger and Schenk. Nays: None Eugene Wood, 1530 Blonde Street, was the first to appear. He stated he was cubmaster for Pack 14, and that they had invited someone from the state department to show their boys how to handle snakes, and he feels it was a worthwhile project as the boys gained knowledge of the snakes and how they are handled. He feels if parents will permit their boys to keep snakes in their homes, then it should be allowed. It is their perogative. He suggested that a warning sign be placed on the garage or yard where snakes are kept, and recommended that they be kept in pens in a safe place. Charles Barnett stated he was the one who started the snake club to keep boys off the streets and occupied. He made sure the boys were well indoctrinated, and no one had been bitten yet. fie stated they had 24 or 25 boys in their group, and three of the boys have rattlesnakes. Alderman Hill questioned him on his willingness to secure a permit and pay for an inspection fee, and if a permit it not secured that they be subject to fine. Mr. Barnett agreed to those stipulations. Alderman Burross asked if it would not be possible to store all snakes in one place out of the pop- ulated area. Their group could still have demonstrations. Mr. Barnett did not know of a place where they could have adequate facilities. Alderman Burross compared rabid dogs to rattlesnakes in their viciousness. Alderman Davis inquired whether he had visited with people in other cities in this regard, and Mr. Barnett stated he had. It was his belief that Oklahoma City prohibits keeping snakes by ordinance. Alfred Fergowan, a herpetologist from Waco, stated that the rattlesnake is the only vicious snake, and will not live in an inhabited area. The Coral snake is poisionous, but not vicious. He had questions as to who would be qualified to carry out the provisions of an ordinance of this type. Alderman Burross stated he had never seen a poisionous snake which enhanced any city. He feels the ordinance as is written is too broad in its nature in defining reptiles. Alderman Kruger asked Mr. Fergowan if he saw no harm to the citizens by keeping rattlesnakes. Mr. Fergowan favors restriction on keeping venomous snakes. William L. Hammond, 315 Bluebonnet, presented a petition signed by 43 persons who were not in favor of anyone keeping poisionous snakes on or about their pre- mises. He stated all the prople in the Pattox addition were against the keeping of poisionous reptiles in the City of Wichita Falls. He spoke of a residence which keeps snakes in the bedfoom of his house. He stated they were kept in wooden boxes with a glass case front, with a padlock similar to those on jewelry boxes. E. J. Smith, 326 Rockwood, stated he felt that keeping poisionous snakes in the neighborhood would lessen the value on all property. fie stated he had seen snakes out in the yard with the owner supervising them. He would like to see an 919 Item 16 cont'd ordinance passed to prohibit keeping all snakes in the city limits. Rod Clemons, 1701 8th Street, attacked Alderman Burross comparison of the rabid dog with rattlesnakes by saying a rabid dog was not a natural situation; however, snakes are an indigenous or natural part of the North Texas area. Alderman Burross responded by asking him if they are indigenous to the city limits of Wichita Falls. Mr. Clemons stated he would be in favor of poisionous reptiles being kept in the city limits for educational and scientific study if they are caged in a manner so as to protect the citizenry, that they be limited in number, and that a j place within the household, garage, or building be designated for keeping them. Alderman Burross asked if he did not feel that every citizen had a right to feel that their children would be safe outside their home. At this time David G. Alford, Director of Public Safety, commented that the young man on Rockwood who had the snakes was not being picked on. They had had complaints from all over town. Richard Baer, 325 Bluebonnet, is opposed to keeping venomus snakes. He stated that recently they had received the first three reports of rattlesnakes in this area in 11 years. He stated that children do not know the difference between poison- ous and non-poisonous snakes, which makes it more hazardous to neighborhoods. John Deck, 323 Rockwood, explained that a man had told him that he had killed a rattlesnake on his back porch for the past three or four years.`, Some neighbors have called him to come after snakes to catch them. He stated there are rattl4- snakes in Tanglewood, and flooding causes the snakes to be washed down the river into the Patton addition. He stated that he has 49 western diamond back rattlesnakes and 6 of another variety, and has never lost a snake. When questioned, he stated he would be willing to pay an inspection fee and secure a permit. He also expressed his willingness to report anyone who did not comply with regulations, if some type of regulation is made. Rocky Ward, 2603 Holliday, stated that there is a similar snake to the diamond back rattlesnake which some people may mistake for the diamond back. He stated he had 60 snakes, and feels if an ordinance is passed it should require rigid control. Ben Lowell stated he did not keep snakes, and feels that the snake club members are desirous of some type of control. He asked that the zoological department at Midwestern University and the high schools not be ruled out. He thinks venomus snakes should be regulated and controlled. Item 17 According to the Civil Service statutes the appointment of a fire chief must be confirmed by the Council. Moved by Alderman Kruger that the appointment of Fire Chief Floyd Bryant be confirmed. Motion seconded by Alderman Hill, and carried unanimously. Alderman Burross feels that the state statutes violate the charter of the City of Wichita Falls in this respect, in that the council is required to approve this appointment. According to the charter the only council appointments are that of City Manager, City Attorney, City Clerk, City Judge, and Corporation Court Clerk. He feels this should be brought before the legislature to get it changed: Alderman Burross made it clear that this statement has no bearing upon the man chosen for the job; he has no opposition to him. Mayor Rancier stated that Mr. Bryant is a very able man for the job. Item 18 ORDINANCE NO. 2253 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 FM-369 (SOUTHWEST PARKWAY) 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 DIR- ECTING 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 920 Item 18 cont'd 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 Hill that Ordinance No. 2253 be passed, setting benefit hearing date of August 15, 1966. Motion seconded by Alderman Schenk and carried by the following vote: «R Ayes: Aldermen Hill, Burross, Davis, Kruger, and Schenk. Nays: None Item 19 1 A proposed ordinance amending the Trailer Park ordinance was recommended to allow a water outlet property insulated, with a fifty foot length of hose attached, in lieu of a fire extinguisher. Trailer park owners have requested such change. ORDINANCE NO. 2254 AN ORDINANCE AMENDING ORDINANCE NO. 2004 BY AMENDING SECTION 13(b) (6) BY ALLOWING WATER OUTLET AND HOSE IN LIEU OF FIRE EXTINGUISHERS IN TRAILER PARKS. Moved by Alderman Davis that Ordinance No. 2254 be passed. Motion seconded by Alderman Burross, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Kruger, and Schenk. Nays: None l At this time Mayor Rancier appointed a 15-member committee to study the liquor zoning ordinance. The members are as follows: F. K. Ezzell - Chairman Joe Bashara, Jr. Mrs. Warren Silver Dr. C. Mac Geyer Madge Francis Ben Lowell Mrs. Bryan Wagner A. R. Dillard, Jr. Milburn Nutt Captain R. A. Nelson Dr. Howard Hollowell E. E. Cleaver Dave Rhone W. I. Johnson Ralph English Moved by Alderman Burross that the members of the committee as stated be approved. Motion seconded by Alderman Kruger, and carried unanimously. Item 20 Moved by Alderman Schenk that the following reimbursement contract pay- ments be approved: C.W.L. Dennis and Elmer Dennis, Dennis Construction Company, Water, Lake View Manor, Section One, from June 30, 1965, to June 20, 1966; $10521.87 Best Building Corp. , Water, Sections A and B between City Aqueduct and Maple Street and South of Farm Highway 369 of the Sikes Addition, from June 20, 1965, to June 20, 1966; $3,610.33 Best Building Corp. , Sewer, Sections A and B of the Sikes Estate Addition, from June 20, 1965, to June 20, 1966; $593.12 Motion seconded by Alderman Hill, and carried unanimously. Item 21 Authorization was requested to file an application with the federal govern- ment for federal participation in Lake Arrowhead water transmission line. A ✓ 921 Item 21 cont'd land acquisition policy in securing land for Lake Arrowhead must also be submitted with the application. y RESOLUTION NO. 653 RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER P.L. 89-117. WHEREAS, pursuant to P.L. 89-117 the United States of America has authorized the making of grants to public bodies to aid in financing the construction of basic water and sewer projects; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. That Jack Davis, City Manager, be and he is hereby authorized to execute and fi e an application on behalf of the City of Wichita Falls, Texas, with the Department of Housing and Urban Development, United States Government, for a grant to aid in financing the construction of Lake Arrowhead Water Transmission Line, and an assurance of compliance with the Department of Housing and Urban Devel- opment regulations under Title VI of the Civil Rights Act of 1964. Section 2. That Jack Davis, City Manager, be and he is hereby authorized and directe�to�urnish such information as the Department of Housing and Urban Devel- opment may reasonable request in connection with the application which is herein authorized to be filed. RESOLUTION NO. 654 WHEREAS, the City of Wichita Falls expects to file an application with the Department of Housing and Urban Development of the United States Government for a grant to aid in financing the construction of the Lake Arrowhead Water Transmission Line, pursuant to P.L. 89-117; and, WHEREAS, in order to comply with Section 402 of the Housing and Urban Devel- opment Act of 1965, an applicant for such a grant must submit,-with its application a land acquisition policy statement making certain assurances concerning the acquis- ition of real property for such project; and, WHEREAS, the City of Wichita Falls desires to adopt such a land acquisition policy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: In the acquisition of real property to be used in the construction of the Lake Arrowhead Water Transmission Line, the following land acquisition policy is hereby adopted: 1. The City will make every reasonable effort to acquire the real property by negotiated purchase before instituting eminent domain proceedings. 2. The City will not require any owner to surrender possession of real property until the City pays, or causes to be paid, to the owner (a) the agreed purchase price arrived at by negotiation, or (b) in any case where only the amount of the payment to the owner is in dispute, not less than Seventy-Five (75) per cent of the appraised fair value as approved by the City and concurred in by HUD. 3. City will not require any person lawfully occupying property to surrender possession without at least ninety (90) days written notice from the City of the date on which possession will be required. Moved by Alderman Schenk that Resolution Nos. 653 and 654 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Kruger, and Schenk. Nays: None Item 22 City Manager Jack Davis and the Chamber of Commerce have received questions 922 Item 22 cont'd regarding discontinuance of service of two passenger trains by the Fort Worth add Denver Railway. Alderman Burross felt this matter should be brought to the attention of the public by a hearing conducted by I.C.C. Moved by Alderman Burross that the City Manager be instructed to investigate the procedure, and to take whatever steps are necessary including filing of a protest, to insure that a public hearing be conducted by I.C.C. on the proposed discontinuance of service. Motion seconded by Alderman hill, and carried unanimously. A group of visitors from the First Presbyterian Church had left the Council meeting before their presence was known, and could not be recognized. Moved by Alderman Hill that the meeting be adjourned. Motion seconded by Alderman Schenk and carried unanimously. The Board of Aldermen adjourned at 10:10 P.M. PASSED AND APPROVED this �,)day of C P. 1966. Mayor ATTEST: City Clerk