Min 05/22/1967 1045
Wichita Falls, Texas
Memorial Auditorium Building
May 22, 1967
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
S. M. Lyops X
James, M. -Davis X Aldermen
Leroy Daniel X
Max Kruger X
Cletus C. Schenk X
Jack Davis City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Kruger.
Item 3
I
Moved by Alderman Schenk that the minutes of the meeting held May 8, 1967, be
approved.
Motion seconded by Alderman Hill, and carried unanimously.
f e/Items 4a & b
Two proposed annexation ordinances were presented for introduction.
✓ ORDINANCE NO. 2330
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS,
BY ANNEXING CERTAIN LANDS ADJACENT TO THE PRESENT TERRITORIAL LIMITS OF THE
CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS; ALL OF WHICH ARE FULLY DESCRIBED
IN THIS ORDINANCE. (SERVICE STATION SITE AT U.S. 287 AND WINDTHORST ROAD)
Moved by Alderman Hill that Ordinance No. 2330 be introduced.
Motion seconded by Alderman Lyons and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk.
Nays: None
ORDINANCE NO. 2331
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS,
BY ANNEXING CERTAIN LANDS ADJACENT TO THE EASTERN TERRITORIAL LIMITS OF THE
CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE.
(EXPRESSWAY EAST INDUSTRIAL DISTRICT, UNITS I AND II)
Moved by Alderman Schenk that Ordinance No. 2331 be introduced.
Motion seconded by Alderman Hill, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk.
Nays: None
Item 4c
A proposed sidewalk ordinance was presented which would more clearly define
the policy. City Manager Jack Davis stated that one of the problems which the
City has faced many times is the interpretation of our sidewalk ordinance, and
he recommended passage of the proposed ordinance.
ORDINANCE NO. 2332
AN ORDINANCE AMENDING SECTIONS 27-26, 27-27, 27-28 AND 27-29 OF THE CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS, REQUIRING THE BUILDING OF SIDEWALKS
ON CERTAIN LOT OR LOTS ABUTTING ON A CITY STREET, REQUIRING A PERMIT TO
CONSTRUCT SUCH SIDEWALKS, PROVIDING FOR EXCEPTIONS TO THE CONSTRUCTION OF
1046
Item 4c cont'd
SIDEWALKS, AND DECLARING AN EMERGENCY.
Moved by Alderman Kruger that Ordinance No. 2332 be passed.
Motion seconded by Alderman Daniel, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk.
Nays: None
Item 4d
�J
David G. Alford, Director of Public Safety, recommended a change in the personnel
structure of the Fire Department due to the closing of one station. He stated that
under this new structure, no one was demoted.
✓ ORDINANCE NO. 2333
AN ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY OF
WICHITA FALLS, TEXAS CHANGING THE NUMBER OF POSITIONS IN CERTAIN CLASSIFICATIONS
UNDER CIVIL SERVICE IN THE FIRE DEPARTMENT
Moved by Alderman Schenk that Ordinance No. 2333 be passed, changing the Fire
Department structure based on the elimination of one fire station.
Motion seconded by Alderman Hill, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk.
Nays: None
✓ Item 5a
City Manager Jack Davis explained that the Citizens Advisory Committee had previously
recommended Kell Boulevard and Beverly Drive extensions, and the Council and State
Highway Department had approved these programs, with Kell Freeway becoming an eight-
lane freeway. There has now been a change of policy in the Bureau of Public Roaas
in that expressway systems would no longer be built adjacent to or including rail-
road operations. A meeting was held with railroad officials asking them to abandon
their railroad. They refused to abandon or to even negotiate. He stated that elim-
ination of grade crossings would be an advantage, and he recommended that the City
report to the Texas Highway Department that the City will take necessary steps in
negotiating for right-of-way.
RESOLUTION NO. 710
WHEREAS, the Board of Aldermen of the City of Wichita Falls deems it necessary
for the elimination of grade-level crossings by railroad lines of the streets of
the City along the proposed Kell Freeway and for the relocation of such railroad
lines within the City, so that the hazards to life and property will be decreased,
public safety and convenience will be promoted, traffic conditions will be improved
and the orderly development of the City will be encouraged;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS,THAT:
The Board of Aldermen intend to proceed under Article 1105c of the Revised
Civil Statutes of Texas to relocate such railroad lines along the proposed Kell
Freeway, at such time as a contract is entered into with the Texas Highway
Department for construction of such Kell Freeway facility.
Moved by Alderman Hill that Resolution No. 710 be passed.
Motion seconded by Alderman Schenk.
Mr. Clay Underwood appeared, stating that City officials, representatives
of the Board of Aldermen, and a group of the Railroad Commission had-met;
however, the railroad officials stated that they had nothing to discuss, in-
dicating that they did not want to-compromise or go into the matter at all. He
stated that if an interstate highway is to be attained in Wichita Falls then the
railroad must be removed from alongside Kell Boulevard, and urged their support
in this matter.
1047
Item Sa cont'd
Mr. H. E. Moyer, of the Fort Worth and Denver Railway appeared, asking if he
failed to protest now, would that preclude any further protests by the company,
City Manager Jack Davis stated that it would not. Mr. Moyer stated that at the first
meeting the proposal left blank any route by which they could operate to Abilene.
Re-routing of the railroad would cost in excess of one million dollars just for
laying the track, and would not include the bridge across the river nor the right-
of-way. It was his feeling that the railroad would be willing to negotiate if
they could be assured that they would not be required to put up the money. Alderman
Daniel stated that at the first meeting with railroad officials Mr. Henry Grace
suggested an alternate route. City Manager Jack Davis and Mayor Rancier explained
that the passage of this resolution does not preclude further negotiations with
the railroad company. Mr. Moyer stated he felt there was a misunderstanding re-
garding the negotiations; however, City Manager Jack Davis felt that Mr. Simmons,
Vice-President of the Fort Worth and Denver Railway, had understood his question
regarding negotiating their problem at the regular meeting.
The motion for the passage of Resolution No. 710 was carried by the following
vote:
Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk.
Nays: None
J✓ Item 5b
David G. Alford, Director of Public Safety, requested permission to make
application for a grant for data processing in Police Department. He explained that
all types of information are being placed on the computer for policemen in the field.
They hope to include three counties in this area to identify people, property, and
traffic tickets. Information would be available within 20-30 seconds after the
policeman asks for it. Information could also be picked up from Austin and the
F.B.I.
RESOLUTION NO. 711
I �
WHEREAS, a federal grant in the amount of $15,000 may be available for the
purpose of establishing a planning and research division within the police department
of the City of Wichita Falls, and another grant in the amount of $150,000, over a two
year period, may be available for programming data processing of police activities;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City Manager is hereby authorized and directed to make applications for
such grants and to submit them to the proper federal authorities.
Moved by Alderman Kruger that Resolution No. 711 be passed.
Motion seconded by Alderman Lyons, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Daniel, Kruger, and Schenk.
Nays: None
Item 6a
Award of bid for traffic signal equipment was considered.
Moved by Alderman Hill that the low bid of Econolite, of Fort Worth, be
accepted in the amount of $22,275.04.
J Motion seconded by Alderman Davis, and carried unanimously.
Item 6b
City Manager Jack Davis stated that the bids came in too high on the airport
expansion, and he recommended that all bids be rejected, and that the architects
be instructed to re-design the structure and re-advertise for bids based on the
available funds of $1300000. The actual bid was $207.983.
Moved by Alderman Schenk that all bids be rejected, and the architect be
i
J
1048
Item 6b cont'd
instructed to re-design the building based on the available funds of $130,000.
Motion seconded by Alderman Lyons, and carried unanimously.
Mr. Ricks, one of the architects, stated he had a plan for re-design which he
could present to the Council at their request.
Item 7a
i
Permission was requested by Bill Hursh, Assistant Director of Parks and Rec-
reation, to advertise for bids for a mechanical tree digger for use at Lake Arrowhead v
and various divisions of the Park Department. r ,
Ed Daniel presented a plan whereby trees can be removed from one area and
re-planted at other needed areas. The estimated cost of maintenance of this equip-
ment is approximately $6.00 or $7.00 per tree. He explained that this is a long
lasting piece of equipment.
Moved by Alderman Schenk that authority be granted to advertise for bids for a
mechanical tree dagger as requested.
Motion seconded by Alderman Davis, and carried unanimously.
Item 7b
r
Permission was requested by K. G. Wilks, Purchasing Agent, to advertise for
bids for 180 tons of liquid chlorine for the Water Department. i
r
Moved by Alderman Daniel that authority be granted to advertise for bids for V
180 tons of liquid chlorine as requested.
Motion seconded by Alderman Kruger, and carried unanimously.
Item 8a
Upon the suggestion of City Manager Jack Davis, the dates.=of June 12, July 10,
and August 14, were considered for the meetings of the Board of Aldermen during the
three summer months.
Moved by Alderman Hill that the recommended dates be approved.
Motion seconded by Alderman Lyons and carried unanimously.
Item 8b
Mayor Rancier recommended the following appointments or re-appointments to
boards or commissions as indicated.
a. Civil Service Commission - James B. Thomas, re-appointed for a 3-year
term to expire February 25, 1970.
b. City County Hospital Board - Guy Carter appointed to replace Dr. Steve f
Powers for a 2-year term to expire April 1, 1969.
c. Board of Adjustments and Appeals - Al Saikowski appointed to replace J
Randel Forcher for a 4-year term to expire May 23, 1971.
d. Electrical Advisory Board - Jack Foley and Lloyd Taylor, Jr. , re-appointed
for a two-year term to expire May 23, 1969.
e. Planning Board - Dr. C. C. Hayley and Lynn Darden re-appointed, and
David White and Pat O'Neil appointed to replace Bob Seabury and Aubrey
A. Wilson for a 3-year term to expire May 23, 1970.
f. Plumbing Advisory Board - Paul Alexander, Fred Litteken, and Jay Chadwick
were re-appointed for a 2-year term to expire May 23, 1969.
/, g. Housing Authority Board - J. C. Staley, Jack Jeffus, and James Irl
Montgomery, re-appointed for a 2-year term to expire June 12, 1969
Moved by Alderman Schenk that the appointments and reappointments as re-
commended by the mayor be approved.
Motion seconded by Alderman Hill, and carried unanimously.
1049
Item 8b cont'd
Mayor Rancier expressed appreciation to those who have served, and those
who have consented to serve on the various boards.
Item 8c
v
Mayor Rancier read a report from John J. Roark, Director of Public Works, re-
garding street numbers and paving assessments on Perigo Street.
In December 1965, Mr. Raymond Van Loh, Chief Inspector, received a request from
Mrs. Ola Boyd to reassign street numbers on Perigo because of conflicting numbers.
This was done, and the property owners and post office notified. Due to the fact
1 that the area has never been platted, it was difficult to determine actual property
ownership, and transfers had been made of certain tracts. The tax roll had to be
revised and the assessment modified.
,Item9
..tem 9
Y
Moved by Alderman Davis that the minutes of the following boards and commissions
be received:
a. Plumbing Advisory Board - May 3, 1967
b. Electrical Advisory Board - May 16, 1967
i � c. Planning Board - May 11, 1967
d. Traffic Commission - May 16, 1967
Motion seconded by Alderman Kruger, and carried unanimously.
Alderman Davis asked for an explanation of the Planning Board giving authority
for Grace Church plat. It was brought out in the discussion that a master plan
was not included, and it was the opinion of the City Attorney that the Planning
Board had not acted according to the ordinance.
Item 10
Moved by Alderman Hill that water reimbursement contract payments be approved
in the amount of $6,363.24 and swere reimbursement contract payments be approved in
the amount of $1,857.59 for a total amount of $8,220.83 as follows:
Lots, Inc. , Water, Colonial Park Addition, Section A, from April 10,
1966 to April 10, 1967; $1,237.30
Dennis Construction Company, Water, Belair Addition, Unit #l, Exhibit A,
from April 3, 1966 xo April 3, 1967; $754.82
Meadow Lake Company, Water, Meadow Lake Addition, Section A, from
April 9, 1966 to April 9, 1967; $10013.75
Lynwood Homes, Inc. , Water, Lynwood East, Exhibit A, from April 15, 1966
to April 15, 1967; $3,357.37
Lynwood Homes, Inc. , Sewer, Lynwood East, Exhibit A, from April 15, 1966
to April 15, 1967; $954.74
Dennis Construction Company, Sewer, Belair Addition, Unit #1, Exhibit A,
from April 3, 1966 to April 3, 1967; $148.62
W. B. Featherston, Sewer, Beverly Drive between 9th and Seymour Highway,
from April 10, 1966 to April 10, 1967; $7.52
Hawkeye Development Company, Sewer, Loch Lomond Addition, Section A,
from April 30, 1966 to April 30, 1967; $454.51
Lots, Inc. , Sewer, Colonial Park Addition, Sections A-1 and B and the
Islands from April 30, 1966 to April 30, 1967; $292.20
Motion seconded by Alderman Kruger, and carried unanimously.
Mayor Rancier stated that petitions had been received which were in the hands
1050
of the City Attorney. Mr. Hodge presented the petitions to the attention of the
Council. They ask that the danger of Holliday Creek be brought to the attention
of the Council. Mayor Rancier requested that investigations be made for the legal,
engineering, and all aspects of the problem.
The mayor announced that a decision on CATV was forthcoming.
r
Alderman Schenk explained that because of the fact that the FCC does not have
jurisdiction over CATV then the Council needs to make some type of decision.
Congress has not given the FCC authority to control CATV. Iie stated that many reasons
have been brought as to why we should have it. No specific effect upon local eonnemic
conditions can be projected, and that he could see no reason why Wichita Falls should
be pioneers in this field since no city of our size which has all three networks
has CATV. He also stated that some of our rural areas might be without TV. He
does not think they should be persuaded by any individual in this city, but the
decision should be made solely as to the best interest of the citizens in this city.
Moved by Alderman Schenk that they deny the CATV franchise to any applicant
for an indefinite period of time.
The motion was seconded by Alderman Hill, who made a few comments stating that
the news media is in a class of its own, and is not to be considered as a business
like others. He stated it was not their responsibility to protedt the TV stations,
but it is their duty to protect the public.
Alderman Daniel stated he would vote "no" because they as a council were rep-
resenting 110,000 people, and that most of the people he had talked with were against
granting this franchise, and that he is representing the people and not himself. The
City can make this decision since the contract would need to be made for at least
15 to 30 years.
Alderman Davis stated that he strongly believes in our free enterprise system
in the United States. He believes that before they deny free enterprise then they
should have a compelling reason to do so. If citizens do not succeed because people
are not forced to subscribe to it. tie stated that due to the public right-of-way
involved, the city was asked to make a decision, but that it was not their purpose
to restrict competition and free enterprise.
Alderman Kruger stated he was also a believer of free enterprise, but since
Congress and the FCC have not been able to settle it in five or six years, he is
opposed to it at 'this time pending clarification of those bodies.
James Barnett asked to be recognized, stating they felt it was a worthwhile
project, and if the question of CATV comes up again they would be back at that time.
Bill Thacker appeared, stating that Lawton, who has all three networks, has
now granted a CATV franchise. He also stated that Sprague Electronics will
be manufacturing component parts for cable TV.
The motion by Alderman Schenk to deny a CATV franchise, and the second by
Alderman Hill was carried by the following vote:
Ayes: Alderman Hill, Lyons, Daniel, Kruger, and Schenk.
Nays : None
Moved by Alderman Hill that the meeting be adjourned.
Motion seconded by Alderman Schenk, and carried unanimously.
The Board of Aldermen adjourned at 9:20 P.M.
PASSED AND APPROVED this day of ���, 1967.
ayor
ATTEST:
City Clerk