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Min 10/24/1966 9�1 Wichita Falls, Texas Memorial Auditorium Bldg. October 24, 1966 I 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: R. C. Rancier Mayor R. Kenneth Hill X Dr. 1). C. Burross X James M. Davis X Aldermen Leroy Daniel X Max Kruger X Cletus C. Schenk X Bob Hughey Asst. City Manager If. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Hill. Item 3 Moved by Alderman Kruger that the minutes of the meeting held October 10, 1966, be approved. Motion seconded by Alderman Burross, and carried unanimously. A group of Very Important Citizens was welcomed by Mayor Rancier. Moved by Alderman Burross that the minutes of the called meeting held October 7, 1966, be approved. Motion seconded by Alderman Hill, and carried unanimously. Item 4a ✓ RESOLUTION NO. 662 WHEREAS, the City of Wichita Falls now has five senior high schools located within its corporate limits, and each of these schools has a well-rounded ath- letic program; and, WHEREAS, it is well known to the citizens of Wichita Falls that the members of the athletic teams which represent these high schools participate in their sports with great enthusiasm and skill; although these young athletes exert the best of their abilities in order to win, they conduct themselves in accordance with a strict code of good sportsmanship; and, WHEREAS, the public has also observed with pride the fact that the student bodies of each of these schools, while supporting their teams with great spirit and clamor, have also exhibited the highest type of sportsmanship; and, WHEREAS, this exemplary behavior has been particularly noticeable at games played by teams from these schools with each other, a fact for which the Inter- School Ethics Commission deserves a great deal of credit. NOW, THEREFORE, BE I1' RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT the Board of Aldermen hereby highly commend the students, teams, coaches and faculty of Wichita Falls Senior High School, Rider High School, Hirschi High School, Washington High School, and Notre Dame High School for the high degree of sportsmanship exhibited by them. AMoved by Alderman Kruger that Resolution No. 662 be passed. 952 Item 4a, cont'd. Motion seconded by Alderman Schenk and carried by the following vote: Ayes : Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays : None Mayor Rancier requested that the following representatives of the five high schools come forward to receive these resolutions of commendation. a. L. 0. Nelson, III----Wichita Falls High School b. John Burkman---------Rider High School c. Lauren Brazeal-------Hirschi high School d. Reginald Robinson----Washington High School e. John Moller----------Notre Dame High School The students were applauded by the Council and audience in attendance. Item 41) J John J. Roark, Director of Public Works, recommended passage of a resolution requesting construction of certain projects by the highway Department. t / RESOLUTION NO. 663 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT the Texas highway Department is hereby requested to construct the following projects, in the order of priority as set out: A. Frontage roads parallel to U.S. 287 Fxpressway Last from Hammon Ranch Road east to Goodwin Road. B. The expressway extension from U.S. 287 Expressway Last, at its inter- section with the I';aurika Highway (State Highway 79). Moved by Alderman Burross that Resolution No. 663 be passed. `Motion seconded by Alderman Daniel, and carried by the following vote: Ayes : Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 4c John Ruhmann., Director of hater Development, requested authority for the City hianager to negotiate for purchase of surplus engine for barge operation at Lake Arrowhead. RESOLUTION NO. 664 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT ,Jack Davis, City Manager, is hereby authorized to negotiate for the purchase of a used propulsion unit (commonly known as a mule) for use with the barges at Lake Arrowhead. The purchase price to be paid for such propulsion unit shall not exceed the sum of Four Thousand Five hundred Dollars ($4,500) . Moved by Alderman Burross that Resolution No. 664 be passed. Notion seconded by Alderman hill, and carried by the following vote: Ayes : Aldermen Bill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Alderman Schenk suggested that if the City Manager was able to negotiate for a new power unit at a low cost, that he come back to the Council with that request. 953 j Item 5 Hal Dyer, District Manager of Lone Star Gas Company, appeared, making several comments on the ordinance and the gas company's operations. fie felt that after about two years of educating the customers that they could save about 1 fi` $12,000 per year. fie stated that after considered study they had agreed to withhold the cost of living clause, and leave out the part concerning the city gate rate. tie also gave a detailed report on the difference in residential rates of Pioneer Gas Company and Lone Star Gas Company. The big, difference was in heavy commercial and industrial usage, and reduction of the gate rate by the large number of wells they have. This was in reply to Alderman Hill's question at a previous council meeting. Hr. Dyer also discussed the image of the Lone Star Gas Company, stating that some suggestions of City Manager Jack Davis had been passed on to their management. Mr. Dyer felt that according to investigation made, there were some areas where they could improve some of their policies. IIe also complimen- ted Alderman Burross on his knowledge of some of their problems, and those of the Citv. tie mentioned that some people felt they did not have competition, but that they do have lots of competition in buying gas. tie closed his remarks with the request that this ordinance be passed at this time. Alderman Hill expressed thanks to Mr. Dyer for his able explanation to his question regarding differences in rates. 1 ORDINANCE NO. 2274 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMER- CIAL CONSUMERS WITHIN THE CITY LIMITS OF WICHITA FALLS, WICHITA COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED. Moved by Alderman Hill that Ordinance No. 2274 be passed. Motion seconded by Alderman Kruger and carried by the following vote: i Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Alderman Burross stated that after careful consideration of the facts which they had learned from a study of the gas ordinance, it was his desire that an appeal be made to the Railroad Commission to take a second look at the way they figure the rate of return of the utility companies, what their fixed investments are, and whether it is a fair return. Consideration, or a better explanation of this matter is desired. Mr. Dyer had also stated that about 15 percent of their customers do not pay their own way. Alderman Burross stated that by granting a franchise, the utility company is bound to serve customers similarly situated as the City furnishes water to citizens in the city. tie felt it was unfair that 85 percent of the people were bearing the burden imposed by those 15 percent. Moved by Alderman Burross that the City Manager be directed to meet with representatives of the Lone Star Gas Companv to determine if a manner can be worked out whereby the burden of paying the entire gas rates can be taken off the 85 percent of the people; also that the Railroad Commission be contacted with regard to the way they figure the rate of return of the utility companies. Motion seconded by Alderman Davis, and carried unanimously. Item 6a J Roy Wilshire, Traffic Engineer, requested passage of an ordinance restricting parking on Milby Street north of Hampstead. J ORDINANCE NO. 2275 t A14 ORDINANCE AMENDING SUCTION 157 OF ORDINANCE NO. 2163, THE TRAFFIC ORDINANCE, PROHIBITING PARKING ON THE EAST SIDE OF MILBY FROiM HAMPSTEAD TO FAIN, BETWEEN 7:00 A.M. AND 3:00 P.M. Moved by Alderman Daniel that Ordinance No. 2275 be passed. 954 Item 6a cont'd Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen hill, Burross, Davis, Daniel, Kruger, and Schenk Nays: None As council representative on the "Traffic Commission, Alderman Davis stated that officials at Midwestern University were also in accord with this no parking action„ ✓ Item 7a a J Bob Hughey, Assistant City Manager, presented a tabulation of bids re- ceived on the demolition of the building on the old Catholic school property. He recommended award of the low bid to B. T. Wright Lumber and Wrecking Company of Bonham;, Texas, in the amount of $8,400.00. Moved by Alderman Burross that the contract be awarded as recommended, and the mayor be authorized to execute same. Motion seconded by Alderman Daniel, and carried unanimously. ORDINANCE N0. 2276 AN ORDINANCE MAKING AN APPROPRIATION FROM THE UNAPPROPRIATED FUNDS OF THE GENERAL FUND TO ACCOUNT NUMBER 091-0022, AND DECLARING AN EMERGENCY. Moved by Alderman Burross that Ordinance No. 2276 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk. Nays: None Item 7b John Ruhmann, Director of !rater Development, recommended award of the low bid to International Pai)er Companv of Fort Borth, in the amount of { j $7,409.10, for 96 Piles for barge mooring anchors at Lake Arrowhead. Moved by Alderman Kruger that the bid be awarded as recommended. "1oti.on seconded by Alderman Davis, and carried unanimously. I Item 7c John Ruhmann, Director of Itiater Development, recommended award of the bid for the small barge at Lake Arrowhead to Donald R. Morgan of hichita Falls, in the amount of �3,875.00, and that the awarding of bid on the large barge be delayed pending: further cost investigation. Moved by Alderman Hill that the contract be awarded to Donald R. Morgan in the amount of $3,875.00, and that award of the bid on the large barge be delayed, as recommended. Motion seconded by Alderman Daniel, and carried unanimously. Item 8 Ii. P. Hodge, Jr. , City Attorney, requested authority to advertise for bids for Lake Kickapoo grazing lease now being held by Charles E. Brower and J. 0. Glenn. This lease expires on October 31 of this year. Mr. Hodge explained that the present holder of the lease desires to submit a bid, and has requested that the City hold over their lease until January 1 in order to permit them to move their cattle should they not be awarded the highest bid. They desire to pay their lease payment by a monthly rate until that time. Alderman Schenk sungested that a condition be made in the agreement that they not over-graze the land during this time. 95 Item 8 cont'd Moved by Alderman Schenk that authority be granted to advertise for bids as requested. Motion seconded by Alderman Bill, and carried unanimously. ` Item 9 Moved by Alderman Schenk that the minutes of the meetings of the Traffic Commission held October 18, 1966, and the Planning Board held October 12, 1966, be received. r� i y J ^Motion seconded by Alderman Kruger, and carried unanimously. Alderman Burross made several comments concerning the granting of a waiver of the sidewalk ordinance by the Planning L'oard .to, Mr, h'illiam I1. Martin and Mr. Joe Bradley in Block 42A of the Country Club Estates. Ile stated he felt very strongly about the sidewalk ordinance; that they have the same need for sidewalks in this area where it was waived as they do in any area in town. Ile feels it is unjust and not in the public interest to require three citizens to put in sidewalks, and waive it on two others in the same area. lie felt the waiver was originally in- tended to take care of isolated areas, and not new subdivisions. Alderman Daniel stated that he believed the inconsistency in requirements of sidewalks was leaving them open to criticism. He feels they should not waive two in the same addition where three are required. The Council asked that the Planning Board and Chairman meet with them to discuss this matter of policy. Alderman Kruger asked the City Attorney for a legal opinion as to whether the Planning Board has final authority to make decisions, or to recommend action to the Council and let them make the decision. Item 10 Moved by Alderman Schenk that the following reimbursement contract payments be approved, Lynwood Home's Inc. , Water, Lynwood Nest, Section #1, from September 1, 1965, to September 1, 1966; $1,403.25 Ilawkeye Development Company, Water, Section E 3, Exhibit A of University Park, from September 6, 1965, to September 6, 1966; $641.26 Joe R. Farabee, Sewer, Farabee Addition, from September 1, 1965, to September 1, 1966; $73.06 Ilawkeye Development Company, Sewer, Section E 3, Exhibit A of University Park, from September 6, 1965, to September 6, 1966; $163.47 Ilawkeye Development Company, Sewer, Section B of Loch Lomond Addition, from September 1, 1965 to September 1, 1966; $347.85 Hughes Development Company, Inc. , Sewer, Whiteacre Subdivision of Unit 1 of Faith Village, from September 23, 1965 to September 23, 1966; $336.01 Lynwood Home's Inc. , Sewer, Lynwood West, Section #1 from September 1, 1965, to September 1, 1966; $379.66 Skyline Developers, Inc. , Sewer, Section 2 A in Fountain Park, from September 17, 1965 to September 17, 1966; $453.42 Item 11 v Robert Angel requested to appear as a local businessman, and in the interest of teenagers. He feels the curfew ordinance needs review. lie stated adults expect much responsibility from teenagers, but do not give them the privileges they are entitled to. He felt they should have more rights to go with the res- ponsibility. After others had appeared, Mr. Angel related an incident which had 956 Item 11 cont'd occurred at his establishment (Angel's IVooden Indian) . lie stated that two police officers approached him saying; they were going to start enforcing the curfew law, and the minors had better leave. When they attempted to do so the officers arrested them. lie: stated this was not a personal matter, but that he had Just been in a position to see how the law was being interpreted. He stated he re- spected this Council. Jim Froede, a minister, appeared stating, he feels a study should be made of this ordinance;, that there is ineouity in it as the same requirements are - made for 14 year olds as 20 year olds. Ile stated we have forced voting people into more c=rown-up habits, and that they must be trusted more. IIe stated most adults would not take the responsibilities which teenagers are expected to take. Ile recommended a review of this ordinance by a board which the Council would appoint, with representatives from the student body of each high school, Midwestern Univ- ersity, and She-pard Air force base, to appear before such board. fie feels the a,e limit should be changed, probably to age 10. Alderman Kruger asked if he felt the curfew had a relationship between the low crime rate in I�icliita Falls. Froede stated lie felt the federal, state, and city laws tire inequitable. Ii. P. i:od-e, City attorney, clarified the meaning of the ordinance, stating it was not subject: to the complaints rude by :lr. Angel. This ordinance prohibits minors from loitering, idleing, wandering, strolling, or playing upon streets or other public places after 11 :00 P. l. on weekdays. liavid Alford„ Director of Public Safety, gave a breakdown of the ;Juvenile arrests made between January 1, 1966 and October 17, 1966. These figures are from police department records. Of the 230 arrests made, 141 were fined, 14 transferred to the county jail, 53 released to parents, 19 to the Air Police, and 3 were dismissed in Corporation Court. Ile also gave an account of the incident which lkir. Angel stated had occurred at his establishment. It is the policv of the police departr:;ent for one officer to not go into a situation of this nature alone, due to some having been attacked and beaten previously. There were a group of boys on the street and one policeman called in another car to assist him because this is their policy. IIe stated it was 2 :30 A.M. , and there were nine youths involved. The youths were asked to go home. Mien they turned back into the business, the extra cars were called. L. O. Nelson III, 2607 Chase 'Drive, appeared. fie stated he was president of the student body of hTichita Falls High School. lie stated he strongly favored the so-called curfew ordinance, and was thankful for the people on the Council at the time it was passed. lie stated there was nothing to do after 11 :00 P.H. that teenagers should be doing. They have no reason to be out on the street any later than that hour on week days. He stated if anyone tries to influence a person the wrong way, the ordinance gives them a reason to be in at a designated time. fie also stated that teenagers do like to be heard and consulted on such matters, however. lle complimented the police department for a fine job. lie also wondered how many people had been arrested just for curfew. fie suggested that the Council review the definition of the word "curfew", and take any necessary action. Alderman Davis stated lie appreciated the remarks of Mr. Nelson. lie also rejected the idea that a certain hour was an indecent hour just simply because of the time. Alderman 3urross stated lie was called before the grand jury at one time to find out why this ordinance was not being enforced. It is not the purpose of this ordinance to curtail teenage activities, but to give police officers the right to inquire into situations of a suspicious nature. Richard Fitzgerald appeared as a student at Midwestern University, stating Mr. Nelson had expressed only the high school student's viewpoint. lie stated the bowling alleys and movie theatres are open after 11 :00 P.M. Also, that maybe the ordinance was a disorderly or loitering law, but it was being imple- mented as a curfew law. lie felt it would be best to have a general loitering law or disorderly law for all ages and all times of the day rather than call it a curfew law. Mrs. Louise-Brown, Executive Director of the YIVCA, stated the reason she came here to take this job was that the felt it would be a good place to work because of this ordinance, and the youth groups here. She complimented 957 Item 11 cont'd the City Council and police department, but felt a review of the policy would be a good idea. i Jerry Bradley, a sophomore at Midwestern University, stated that his parents allowed him to set his own hours, the dormitory does not set any hours, and he believes there should be no curfew, no limits, and no age limits. fie stated he does not object to the laws, but curfew itself. Alderman Kruger asked if he realized this law was for the youths' protection, and he stated he could not see that it was. Robert West appeared as a student at Midwestern University. He stated there has been a dispute over the wording, of this ordinance, and feels that perhaps it should be changed. Parental laws would perhaps be stronger than a curfew law. In his opinion, the law is inequitable as it now stands. idrs. Joseph Zinn stated she was perturbed because her son was perturbed be- cause some of his friends had been arrested. She felt this was something that should be looked into. She felt that no one should be arrested just by going from a place of business to a car. Mayor Rancier stated if she would give him names of persons and the arresting officers that they would check into these matters. Mrs. Zinn stated she worked at the 3785th Student Squadron, and thinks our teenagers are a grand bunch. Tobe Jones, 4802 Maplewood, stated he was thankful that we have a city council with foresight to guide our teenagers, and also thankful for the ordinance. Dodd 6iley stated they had a citizens committee 20 years ago to study this matter. Young people appeared and made recommendations, and this ordinance is what came out of it. Only this year have the arrests leveled off. Brent Pfeiffer stated he works at Sheppard Air Force Base from 4:00 P.M. to 11 :00 P.M. , and it would cost him his job if he were arrested. He stated he is against the curfew law because it restricts his activities. H. P. Hodge, Jr. , City Attorney, stated that the section in the ordinance regarding responsibility of parents has not been brought out, and that parents were not permitted to knowingly permit such activities. Mayor Rancier stated that all these matters would be considered. (Various people appeared more than once; however, the context of their remarks is combined.) 1,4oved by Alderman Kruger that the meeting be adjourned. Motion seconded by Alderman Hill, and carried unanimously. The Board of Aldermen adjourned at 12:05 A.M. PASSED AND APPROVED this ' day of � ce�s,� , 1966. Mayor ATTEST: City Clerk