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Min 11/21/1966 958 Wichita Falls, Texas Memorial Auditorium Building November 21, 1966 Items 1 $ 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called session on the above date in the Council Room of the Memorial Auditorium Building at 10:30 o'clock A.M. , with the following members present: R. C. Rancier Mayor R. Kenneth Hill X James M. Davis X Leroy Daniel X Aldermen Cletus C. Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Dr. D. C. Burross Absent Max Kruger Absent The invocation was given by Alderman Hill. Mayor Rancier explained that the purpose of this meeting was to open bids on the sale of a $1,800,000.00 bond issue to be expended on Lake Arrowhead. The bids were opened by the City Clerk and read by Frank Medanich of the First Southwest Company in Dallas, financial advisors to the City. Bids received and the average interest rates are as follows: The First Boston Corp. 4.2529990 L. F. Rothschild 4 Co. 4.21914 Kidder, Peabody 4 Co. , Inc. 4.2137 First Southwest Company 4.1415 Phelps, Fenn 4 Co. 4.3466 Halsey, Stuart & Co. , Inc. 4.24874 John Nuveen & Co. , Inc. 4.1015 Underwood, Neuhaus $ Co. 4.11167 Mr. Medanich stated that the three top bids would be tabulated, and the Council adjourned until the tabulation was completed. The meeting re-convened at 11:00, at which time Mr. Medanich stated that the bids had been checked, and all were correct. He recommended that the bid of John Nuveen and Company, Inc. , be accepted. ✓ ORDINANCE NO. 2277 v ` ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS Moved by Alderman Schenk that Ordinance No. 2277 be passed authorizing issuance of $1,800,000.00 waterworks system bonds, and awarding the sale to John Nuveen and Company, Inc. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Mayor Rancier, Aldermen Hill, Davis, Daniel, and Schenk. Nays: None Mayor Ranicer expressed appreciation to Mr. Medanich for the assistance given to the City in handling this matter. Moved by Alderman Schenk that the meeting be adjourned. Motion seconded by Alderman Daniel, and carried unanimously. The Board of Aldermen adjourned at 11:10 A.M. PASSED AND APPROVED this day of .�Ge�y, , 1966. ATTEST: Z Mayor City er 959 Wichita Falls, Texas Memorial Auditorium Building November 21, 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 Z James M. Davis X Leroy Daniel X Cletus Schenk X Jack Davis City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Max Kruger Absent The invocation was given by Alderman Daniel. Moved by Alderman Schenk that the minutes of the meeting held October 24, 1966, be approved. Motion seconded by Alderman Daniel, and carried unanimously. Mayor Rancier welcomed all those present for the Council meeting. Mayor Rancier announced that Alderman Burross had been elevated to the presi- dency of the Texas Municipal League at their recent meeting in Fort Worth, and an ovation was accorded him. Alderman Burross stated that the Texas Municipal League took action on an import- ant matter concerning the ad valorem tax structure. At an earlier meeting with the governor they asked for a portion in some type of broad base tax structure, and he assured them that he would help them. In this recent meeting, the cities went on record as being in favor of each city having permissive power of a sales tax of one percent; that the cities be allowed to vote on this measure. RESOLUTION NO. 665 WHEREAS, Texas has changed from a predominantly rural population to a popula- tion now nearly 80 percent urbanized with more metropolitan centers than in any other state; and, WHEREAS, Texas cities are fine places to live with the years of the State's greatest growth yet to come -- with nearly all of that growth coming in the cities of Texas; and, WHEREAS, it has now become critically apparent that the rapidly expanding needs of Texas cities call for additional sources of revenue at the local level to meet the multiplying demands for growth, expansion, and capital improvements; and, WHEREAS, the financial needs of Texas cities cannot any longer be met solely through the non-discretionary reliance on the ad valorem property tax; and, WHEREAS, it is the desire of Texas cities to solve their financial problems at the local level rather than turning more and more to the State and Federal govern- ments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls support and strongly recommend legislation author- izing cities to impose a municipal sales tax of one percent on a permissive basis, applicable to the same items of tangible personal property upon which the State sales tax is imposed, to be collected by the State, after approval of a majority of the qualified voters of the City. 960 Governor of Texas, the Lieutenant Governor, the Speaker of the House, Senator Jack Hightower, Representative Vernon Stewart and Representative David Allred, and to all local news media, urging that the appropriate action be taken at this coming session of the Texas Legislature. Moved by Alderman Burross that Resolution No. 665 be passed, and that a letter be sent to all those mentioned in the resolution affirming our stand on this matter. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None Mayor Rancier announced that Alderman Kruger was not present due to the fact that his mother was critically ill in Houston, and he had gone to be with her. f Item 4 A letter was read from Mr. Robert R. Cowden, President of Cowden and Wichita Cab Companies, requesting a rate increase in taxicab fares. Increased maintenance costs, air conditioning, and salary of personnel are the reasons for making this request. Mayor Rancier inquired whether anyone in the audience wished to be heard on this matter; however, nobody did. / ORDINANCE NO. 2278 AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NO. 1639 AS AMENDED, INCREASING THE RATE OF FARE TO BE CHARGED FOR ONE PERSON, AND DECLARING AN EMERGENCY. Moved by Alderman Hill that Ordinance No. 2278 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None Alderman Davis remarked that he will be disappointed if better service does not come with the rate increase. Item 5 r Mr. Ikard Smith, a member of the citizens advisory committee, stated they had a recommendation to make concerning the property at Ninth and Ohio. He called on Mr. Dick Darner, Chairman of the Park Board, to present this recommendation. Mr. Darner stated that they recommended that the present municipal parking lot be retained as such, but decrease the spaces from approximately 52 to 30 in order that they will be more usable. The old fire station lot was also rec- ommended as a metered parking lot containing 30 spaces, and the old police station location be made into a downtown park. The estimated cost is approximately $21,000.00, or $70000.00 for each site. Restrooms were not recommended for the park area. They felt the disadvantages would far outweigh the advantages. Alderman Burross made several comments on restroom facilities, and the fact that downtown merchants do not have adequate public facilities, and when they do they are not always readily accessible. Some only have facilities for employees. He felt this matter should be investigated further. Mr. Darner stated that the Park Board felt that the operation and maintenance of restrooms in the park would cost more than it might be worth. An attendent would need to be on duty at all times. Mr. Smith stated he felt the location of the park was the principal deterent in not recommending public restrooms. Mayor Rancier stated they would be pleased to hear from the public regarding their feelings on this matter. Letters could be addressed to the Mayor and Council if anyone desired to state their views. Moved by Alderman Burross that authority be granted to proceed with installation 961 Item 5 cont'd of the two parking facilities as outlined, and that any action be deferred at this time concerning the southwest corner (old police station site), other than accepting the report, and that the City Manager direct inquiries to other cities to see what their experience has been along this line. Motion seconded by Alderman Schenk, and carried unanimously. Item 6a H. P. Hodge, Jr. , City Attorney, reported on the necessity of creating the position of City Marshal to serve warrants. Police officers have done this in the past; however, this is a full time job in itself. The officer who serves warrants must have the power to make arrests. The City Marshal could be appointed to serve warrants of arrest, and work under the jurisdiction of the Corporation Court Clerk, and get rid of the backlog of warrants on hand. If necessary, a deputy could be hired to work under the City Marshal. ✓ f ORDINANCE NO. 2279 AN ORDINANCE CREATING THE POSITION OF CITY MARSHAL, PROVIDING FOR THE APPOINTMENT, DUTIES AND SALARY OF THE CITY MARSHAL, AND DECLARING AN EMERGENCY. Moved by Alderman Daniel that Ordinance No. 2279 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None f Item 6b Jim Thornton, Director of Planning, presented a proposed ordinance which would establish certain standards for demolition of buildings, and setting forth the conditions in which the property will remain. He showed several slides of sites in town where debris has been left on the lot following demolition. H. P. Hodge, Jr. , City Attorney, commented on the requirements concerning procedures to eliminate i nuisances. 4 i ✓ ORDINANCE NO. 2280 AN ORDINANCE DECLARING ALL BUILDINGS, (FOUNDATIONS OR STRUCTURES, COMMERCIAL PREMISES, BUILDING PREMISES OR RESIDENTIAL PREMISES, PARTIALLY DEMOLISHED BUILDING, PARTIALLY DESTROYED BUILDING, VACANT LOTS, VACANT BLOCKS, WHICH ARE UNSAFE OR UNSANITARY, OR WHICH CONSTITUTES A FIRE HAZARD OR ARE OTHERWISE DANGEROUR TO HUMAN LIFE OR WHICH IN RELATION TO EXISTING USE CONSTITUTES A HAZARD TO SAFETY OR HEALTH) , A NUISANCE, AND PROVIDING FOR A NOTICE TO SUCH OWNERS THAT THEY MUST ABATE THE NUISANCE OR THE CITY WILL ABATE THE NUISANCE AND LEVY THE COST OF SUCH WORK AGAINST THE OWNER;.. Moved by Alderman Burross that Ordinance No. 2280 be passed. Motion seconded by Alderman Hill, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None Alderman Schenk remarked that this ordinance was for protection to the property owner and adjacent property owners as well. v ✓ Item 6c ✓ ORDINANCE NO. 2281 AN ORDINANCE CLOSING AND ABANDONING DURANGO STREET FROM KEMP BOULEVARD 150 FEET WEST TO THE ALLEY. Moved by Alderman Schenk that Ordinance No. 2281 be passed. Motion seconded by Alderman Davis, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. 962 Item 6c cont'd Nays: None Item 6d H. P. Hodge, Jr. , City Attorney, stated that the City had previously entered into a contract with Municipal Code Corporation for a new codification of ordinances. The proposed ordinance which is presented will adopt this code as of August 9, 1965. ` All ordinances adopted in the future will be placed in the loose leaf code so that a complete and up to date code will be retained at all times. The new code may be sold to interested persons for $25.00 each. i ORDINANCE NO. 2282 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PRO- VIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATIONS THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Moved by Alderman Schenk that Ordinance No. 2282 be passed. Motion seconded by Alderman Burross, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None Item 6e i Dr. Charles Parker, Director of Wichita Health Unit, presented a request for an ordinance adopting the 1965 code of the United States Public Health Service i relative to milk control. j J ORDINANCE NO. 2283 AN ORDINANCE TO REGULATE THE PRODUCTION, TRANSPORTATION, PROCESSING, HANDLING, SAMPLING, EXAMINATION, GRADING, LABELING, AND SALE OF MILK AND MILK PRODUCTS, THE INSPECTION OF DAIRY HERDS, DAIRY FAR1,1S, AND MILK PLANTS, THE ISSUING AND REVOCATION OF PERMITS TO MILK PRODUCERS, HAULERS, AND- DISTRIBUTORS; AND THE FIXING OF PENALTIES. Moved by Alderman Hill that Ordinance No. 2283 be passed. Motion seconded by Alderman Davis and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None Item 6f J Acceptance of ten units of the 1966 assessment paving program was requested. Estimated cost of these units was $43,087.60. Final cost amounted to $44,715.87. �- ✓ ORDINANCE NO. 2284 QRDINANCE ACCEPTING IMPROVEMENTS ON TEN OF THE SIXTY-FIVE LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2216; DECLARING THE CONTRACT WITH ASPHALT PAVERS, INC. , FOR THE CONSTRUCTION OF SAID IMPROVE- MENTS 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. 2284 be passed. Motion seconded by Alderman Hill, and carried by the following vote: 963 Item 6f cont'd Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None Item 6g Acceptance of improvements on Virginia Street (Pecan to Barwise) was recommended. Original contract price amounted to $8,505.00. Final contract amount was $7,900.50. ✓ ORDINANCE NO. 2285 ORDINANCE ACCEPTING IMPROVEMENTS ON A PORTION OF VIRGINIA STREET FROM PECAN V STREET TO BARWISE STREET IN THE CITY OF WICHITA FALLS, TEXAS; DECLARING THE CONTRACT WITH STUCKEY CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TULLY 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 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 Burross that Ordinance No. 2285 be passed. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. Nays: None Item 7 A resolution was requested to extend the operation of the Health Unit for two years, and appoint a member to fill the position now occupied by Dr. William Rector, whose term expires on January 1, 1967. Dr. Rector has requested that he not be re-appointed. Mayor Rancier expressed appreciation to Dr. Rector for his service on the Board of Health. RESOLUTION NO. 666 THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, SECTION 1. The Wichita Falls City-County Health Unit shall be continued as a City-County Health Unit under Article 4436a-1 of the revised Civil Statutes of Texas for the two year period from January 1st, 1967 through December 31st, 1968. SECTION 2. Dr. Kenneth Bebb is hereby appointed as a member of the City-County Board 6?_Tre_a_T_th for a term of two years, commencing January 1st, 1967. Moved by Alderman Burross that Resolution No. 666 be passed, and that Dr. Kenneth Bebb be appointed as a member of the Board of Health for a two-year term beginning January 1, 1967. Motion seconded by Alderman Daniel, and carried by the following vote: Ayes: Aldermen Hill, Burross, Davis, Daniel, and Schenk. None: Item 8a Moved by Alderman Daniel that the bid for traffic loop detectors be awarded , f to R.C.A. of Plymouth, Michigan, in the amount of $4,600.00. Motion seconded by Alderman Schenk, and carried unanimously. Item 8b Moved by Alderman Schenk that the bid for a street sweeper be awarded to Browning-Ferris Machinery Company of Dallas, in the amount of $12,144.00. i, , 964 Item 8b cont'd Motion seconded by Alderman Daniel, and carried unanimously. John J. Roark, Director of Public Works, stated this was a new sweeper, and not a replacement. The Highway Department has stopped sweeping the arterial highways in the city limits, and this equipment will make the City capable of taking up this additional workload, and it will also increase our efficiency in other areas. - - - - - - - - - lot Item 8c r Bids on pumping equipment for Lake Arrowhead were considered. This award has j previously been postponed for 60 days. Homer Hunter stated that the Worthington Corporation bid should not be considered because the pump is too small. Asa Hunt's bid did not include sleeve bearings, according to specifications. It is their opinion that a sleeve bearing is more sturdy in this size of pump. De Laval did not deviate from the specifications at all. Their pump is also more efficient, and is best for the City over the next 25 years. He recommended award of the bid to De Laval Company in the amount of $88,000.00. City Manager Jack Davis recommended award of the bid to De Laval, following Mr. Hunter's recommendations. Moved by Alderman Hill that the bid be awarded to De Laval in the amount of $88,000.00 for pumping equipment, as recommended. Motion seconded by Alderman Schenk, and carried unanimously. Item 9a John Ruhmann, Director of Water Development, requested approval of Change Order No. Y 5 to H. E. Cummins contract on Lake Arrowhead dam, decreasing the rip-rap depth on the east end of the dam. This change is requested because a roadway ramp has been constructed and -furnishes some protection to the east end of the dam that was not originally anticipated. This change would decrease the contract by an estimated $5.9500.00. Moved by Alderman Davis that Change Order No. 5 be approved, and the City Manager be authorized to execute same. Motion seconded by Alderman Hill, and carried unanimously. Item 9b r John Ruhmann, Director of Water Development, requested approval of final estimate on R. 0. Andrews contract for clearing brush in Lake Arrowhead. Total amount of the final estimate is $62,137.50, which is $1,137.50 over the original contract of $61,000.00. It was necessary to clear extra acreage on the Thompson and Bridwell lands, and was done on an hourly basis for equipment rental; therefore, it was not previously possible to make a change order on a fixed amount. Moved by Alderman Schenk that the extra payment of $1,137.50 be allowed on the total final estimate of $62,137.50. Motion seconded by Alderman Davis, and carried unanimously. Item 9c John Ruhmann, Director of Water Development, requested approval of Change Order No. 2 to H. E. Cummins contract on Lake Arrowhead, in the amount of $31,829.05. This increase in the contract is for constructing public access roadways connecting the spillway bridge with the roadway on top of the dam; . Moved by Alderman Hill that Change Order No. 2 be approved, increasing the contract in the amount of $31,829.05, and authorizing the City Manager to execute same. Motion seconded by Alderman Daniel, and carried unanimously. 965 At this time a memorandum was presented from Ed Daniel, Director of Parks and j Recreation, stating that Cummins Construction Company has offered to sell to the City two buildings which they have used in connection with the construction of Lake Arrowhead for a total amount of $3,900.00. City Manager Jack Davis stated the larger building could be used for equipment storage and maintenance. The smaller building would be beneficial as a check point and for disposition Of the lakeside lots. Moved by Alderman Schenk that the City Manager be authorized to effect the pur- chase of these two buildings in the amount of $3,900.00. Motion seconded by Alderman Daniel, and carried unanimously. Item 10a Joe Smith, Director of Public Utilities, requested permission to advertise for bids on water and sewer extensions to expressway east industrial district, at an estimated cost of $130,000.00. City Manager Jack Davis stated that out of this amount, the City will eventually recover all except about $14,000.00. He recommended acceptance of the plans and j` specifications prepared by Ed Biggs, and advertisement for bids. Moved by Alderman Daniel that authority be granted to advertise for bids as requested. Motion seconded by Alderman Schenk, and carried unanimously. { Item lob & c K. G. Wilks, Purchasing Agent, requested permission to advertise for bids on a cash register for the Tax Department, two 39,000 GVW trucks with dump beds, and f;'t two 23,000 GVW trucks. f Moved by Alderman Daniel that authority be granted to advertise for bids as requested. I Motion seconded by Alderman Schenk, and carried unanimously. Item 11 Moved by Alderman Schenk that the minutes of the meetings of the Traffic Commission held November 15, 1966, and the Planning Board held November 16, 1966, be received. Motion seconded by Alderman Davis, and carried unanimously. Item 12 Moved by Alderman Burross that the following reimbursement contract payments be authorized, in the amounts listed. Total water payments are $30933.88; total sewer payments are $1,713.56; combined total is $5,648.44. Hamilton Investment Company, Water, Eighth Supplemental Addition of the Country Club Estates from October 30, 1965 to October 30, 1966; $683.32 Hawkeye Development Company, Water, Sections D 2 and E 2 of University Park Addition from October 15, 1965 to October 15, 1966; $3,250.56 Hawkeye Development Company, Sewer, Sections D 2 and E 2 of University Park Addition from October 7, 1965 to October 7, 1966; $824.67 Norman Downing, Sewer, Second Supplemental Addition to Park Place from October 31, 1965 to October 31, 1966; $102.68 Hamilton Investment Company, Sewer, Eighth Supplemental Additon of the Country Club Estates from October 30, 1965 to October 30, 1966; $81.76 Hamilton Investment Company, Seventh Supplemental Country Club Estates from October 31, 1965 to October 31, 1966; $218.94 966 Item 12 cont'd Sunnyside Development Company, Joe A. Best, Jr. and Ralph Hines, Jr. , Sewer, Section 2 A and Section 2 B of the Sunnyside Heights Addition from October 29, 1965 to October 29, 1966; $486.51 Motion seconded by Alderman Schenk, and carried unanimously. H. P. Hodge, Jr. , City Attorney, stated that the City is involved in a con- troversy with Patrick Harrison, Inc. , concerning certain claims for additional compensation filed .by them after the completion of the outfall sewer project. They demanded that the City arbitrate the dispute, and the federal district judge has ordered the City to appoint an arbitrator. The City has filed a motion with the Court of Appeals to stay the order of the district judge, but this motion has not been acted on. Moved by Alderman Daniel that the City Manager be authorized to appoint an arbitrator. Motion seconded by Alderman Schenk, and carried unanimously. Moved by Alderman Hill that the meeting be adjourned. Motion seconded by Alderman Schenk; and carried unanimously. The Board of Aldermen adjourned at 10:25 P.M. PASSEA DNA APPROVED this day 1966. or ATTEST: City Clerk