Min 06/12/1967 1051
Wichita Falls, Texas
Memorial Auditorium Building
June 12, 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
P.M. , with the following members present:
R. C. Rancier Mayor
R. Kenneth Hill X
S. M. Lyons X
James M. Davis j Aldermen
Max Kruger X
Cletus C. Schenk X
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Jack Davis City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
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Leroy Daniel Absent
The invocation was given by Alderman Hill.
Item 3
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Moved by Alderman Schenk that the minutes of the preceeding meetings held
May 15 and May 22, 1967, be approved.
Motion ,seconded by Alderman Kruger, and carried unanimously.
Item 4
Mr. E. H. Farmer of Builder's Supply Company, located at Gregory and Lawrence
Road, appeared requesting a waiver of the sidewalk ordinance. Iie stated that his
street is about 200 feet long and dead ends, and is immediately across from Best
Lumber Company. He stated that no one in that addition has a sidewalk, and he did
not know that one was required or he would have put it in. However, he has placed
limestone and asphalt on all his property, and does not desire to tear it out, and
build the sidewalk. He stated he is unable to obtain a permanent gas meter connect-
ion because he does not meet the building standards requiring a sidewalk. fie does
have a temporary permit.
Mayor Rancier stated that they had recently enacted an ordinance to provide
for installation of sidewalks to help eliminate so many requests for exceptions.
They are hopeful that this probldm can be resolved, and that we can have sidewalks
all over town because they are advantageous. lie also explained that the Council
must have some standard to go by in order to handle these matters.
Moved by Alderman Schenk that this matter be postponed until the next meeting
to enable them to look at his property. Also, that his temporary permit be renewed
again if it expires before the time of the next council meeting.
Motion seconded by Alderman Kruger, and carried unanimously.
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Items 5a & b
Annexation ordinances which were introduced on May 22, 1967, were presented
for adoption.
j 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 passed.
Motion seconded by Alderman Lyons, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk.
Nays: None
1052
Items Sa & b cont'd
r" 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 Kruger that Ordinance No. 2331 be passed.
Motion seconded by Alderman Davis, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk.
Nays: None
g Item Sc
! ✓ ' ORDINANCE NO. 2334 i
AN ORDINANCE AMENDING SECTIONS 5-13, 5-260 5-270 5-30 THROUGH 5-33, ANU '
ADDING SECTIONS 5-23 THROUGH 5-36, TO THE CODE OF ORDINANCES OF THE CITY
OF WICHITA FALLS, TEXAS, PROHIBITING THE KEEPING OF CERTAIN ANIMALS WITHIN
THE CITY LIMITS; REQUIRING PERMITS FOR THE KEEPING OF CERTAIN ANIMALS,
LIVESTOCK AND FOWLS; GRANTING CERTAIN EXCEPTIONS; PROVIDING FOR INSPECTION
OF KEEPING OF ANIMALS, LIVESTOCK AND FOWLS; SETTING FORTH SANITARY REQUIRE-
MENTS; PROVIDING FOR ENFORCEMENT; PROVIDING A FINE FOR VIOLATIONS; REPEAL-
ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
DECLARING AN EMERGENCY.
Moved by Alderman Schenk that this ordinance be tabled until a. public hearing
is held to hear both sides of the issue.
Motion seconded by Alderman Hill, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk.
Nays: None
Mr. James Hansard, Route 2, Box 267A, Wichita Falls, appeared as President
of the Wichita Valley Rabbit Breeders Association. He stated they were not
opposed to such a proposed ordinance, but would like to study it. They have
already elected a committee to study it and make recommendations. He stated that
their members breed rabbits for commercial reasons, but mostly as a hobby and
for shows.
Mr. Ramon Towry, 4115 Lavell, appeared concerning a resident on Moffett
Street directly behind them who has a rabbit but approximately 40 feet long
across his lot, with more than 60 pens. Mr. Towry stated they would welcome an
investigation into this situation. The stench and flies make it very unhealthy
and a nuisance. fie stated this has been going on for two and one-half years,
and has progressively gotten worse. He stated that the Health Department has
explored the situation. Some of the neighbors have actually moved because they
could not put up with the nuisance. He explained that they cannot enjoy their
back yard, and the children cannot play in the carport because of the stench
and flies. Some of the neighbors had talked with the man, but to no avail.
Mrs. James Johnson, 4111 Lavell appeared, stating she seconded everything
Mr. Towry had said, and if something cannot be done about this matter then
they will have to move. She stated she had not talked with the man involved
because she had heard about the-way he talked.
Mr. Preston Giles, 607 Star Avenue, appeared as a member of the rabbit
association, stating he feels if the ordinance is passed now it may hurt
innocent people; however, they are in favor of an ordinance because at the present
time they have no controls. He stated he has 40 pens, and some of his neighbors
do not know that he has rabbits. His pens are located on the back of his
751x 150' lot.
Mr. Gilbert L. Bridgens, 4110 Moffett, stated he had lived in the City for
approximately eleven years, and was of the opinion that he was in a restricted
area. He stated he had not talked with this person because of some of the
things other neighbors had said about bis use of profanity. He felt this matter
should be investigated, and not deferred, due to a health problem.
City Manager Jack Davis previously explained that since the citizens had
voted down the zoning ordinance they could not restrict location of businesses.
1053
Item Sc cont'd
Others appearing in favor of restrictions are as follows.
Mr. Jerry Holzer, 4410 McNiel and formerly of 4118 Moffett, stated he moved
because of the rabbit problem.
Mr. Marion Taylor, 3513 Cranbrook and formerly of 4114 Moffett, stated he moved
because of the same problem.
Mr. Leonard Labbe, 4125 Lavell, appeared because of the health nuisance.
Mrs. Ramon Towry, 4115 Lavell, stated that after a rain when the sun comes out
the problem is worse. Also, that they have found dead rabbits in their yard, and
the children had played with them before she knew it.
Mrs. Bridgens, 4110 Moffett, appeared in protest to the situation.
Alderman Hill suggested that the Health Department might inspect regularly in
order to try to relieve the situation.
Mr. Ralph Sickles, 4116 Moffett, appeared as the owner of the rabbits. He in-
vited the council to come out to his residence and see the pens. He stated he had
about 32 grown rabbits and four litters, and that it was a hobby and a business. He
stated that he cleaned the pens every other day, and placed the matter in a garbage
can. lie estimated that between 70 and 80 rabbits are the most he's had at one time.
He stated that no one had ever contacted him regarding the rabbits. He stated he had
just found out about fly bait, and had been using it for the past two or three days.
He admitted to having some flies, but not enough to cause a health problem; also
that it was not as clean as it should be at all times. He stated he has a building
in his back yard to house his rabbits.
Dr. Charles Parker, Director of the Wichita Itealth Unit, explained that during
the past few months they had had complaints on some of the people breeding rabbits,
and believes there would be an advantage in having a public hearing regarding the
number of rabbits or other animals or fowls that can be kept, and the permit necessary.
Tom Edmonson, from the Health Department, stated they had a fly bait control
method that can be used, but up to this time they had not been able to obtain
entry to Mr. Sickles' property. Mr. Sickles stated he would cooperate with the
Health Department, and let them on his property at any time.
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Mayor Rancier appointed a sub-committee consisting of Alderman Lyons as Chairman,
and Aldermen Hill and Schenk to conduct a hearing in the Council Room on Tuesday,
June 20, at 7:30 P.M.
Item 5d
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Mr. Frank Medanich of the First Southwest Company in Dallas, the City's financial
advisor, presented a proposed ordinance authorizing the issuance of Airport Revenue
Bonds. He explained that this type of issuance does not lend itself to bidding,
and that the First Wichita National Bank in Wichita Falls hadagreed to purchase the
bonds which will bear interest at the rate of 4 1/2 percent per annum.
I` Mayor Rancier read the ordinance in full.
1' ORDINANCE NO. 2335
0 ORDINANCE AUTHORIZING THE ISSUANCE OF AIRPORT REVENUE BONDS.
Moved by Alderman Schenk that Ordinance No. 2335 be passed.
Motion seconded by Alderman Lyons, and carried by the following vote:
Ayes: Mayor Rancier, Aldermen Hill, Lyons, Davis, Kruger, and Schenk.
Nays: None
Item 6a
RESOLUTION NO. 712
WHEREAS, the 60th Legislature of the State of Texas passed Senate Bill 94,
1054
Item 6a cont'd
which was an Act to prohibit governmental bodies from holding meetings which are
closed to the public; and,
WHEREAS, it is the intention of the Board of Aldermen to comply fully with
the provisions of such Act;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
In order to insure that the provisions of Senate Bill 94 passed by the 60th
Legislature shall be complied with, the City Manager is hereby directed to notify
all news media of all special or called meetings or sessions of the Board of
Aldermen, and invite them to be present, except (1) deliberations to consider
the appointment, employment or dismissal of a public officer or employee or to
hear complaints or charges brought against such officer or employee, unless such
officer or employee requests a public hearing, (2) deliberations pertaining to
the acquisition of additional real property, (3) deliberations on matter affecting
security, or (4) consultations by the Board of Aldermen with its attorney.
Moved by Alderman Kruger that Resolution No. 712 be passed.
Motion seconded by Alderman Hill, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk.
Nays: None
City Manager Jack Davis explained that this does not affect the -way they have
been operating, but this resolution will show that the City intends to comply with
such law.
Item 6b
Joe Smith, Director of Public Utilities, requested that the Mayor be authorized
to execute two quitclaims to the State of Texas for utility easements which are now
located in the expressway right-of-way because of relocation of water mains by the :
City due to construction of Expressway 287, and for the leg connecting State High-
way 79 to the expressway. This is necessary in order that the City may receive reim-
bursement for work performed in relocation of these water mains.
RESOLUTION NO. 713
WHEREAS, the City of Wichita Falls owns two (2) easements for water lines,
which are located within the right-of-way of new construction by the Texas Highway
Department; and,
WHEREAS, the water lines formerly located within these easements have been located,
and the Texas Highway Department has requested that the City of Wichita Falls quitclaim
these two (2) easements to the State of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The Mayor is hereby authorized to execute to the State of Texas a quitclaim
deed conveying all right, title and interest of the City in and to the following
described tracts:
Parcel No. 188, conveyed to the State of Texas by deed recorded in Volume
864, Page 29 of the Deed Records of Wichita County, Texas.
Parcel No. 6;, conveyed to the State of Texas by deed recorded in Volume 959,
Page 267, of the Deed Records of Wichita=_:County, Texas.
Moved by Alderman Schenk that Resolution No. 713 be passed.
Motion seconded by Alderman Hill, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, Kruger, and Schenk.
Nays: None
1055
Item 7a
Award of the bid for a mechanical tree digger for Lake Arrowhead and Parks
Department was considered. Three-fourths of the cost will be paid from Lake Arrow-
head bond fund and one-fourth from park bond fund.
' ! Moved by Alderman Kruger that the low bid be awarded to Vermeer Manufacturing
Company in the amount of $16,370.24 for the Mechanical Tree Digger.
Motion seconded by Alderman Hill, and carried unanimously.
Item 7b
Moved by Alderman Schenk that bids be awarded as follows for water treatment
chemicals for the Water Department.
1. Chemical Supply Company, Wichita Falls; 100,000 lbs. Sodium Hexametaphosphate,
$11#632.50
2. Armour Agricultural Chemical Company, Dallas, Texas; 580 Tons Ferrous Sulphate,
$20,618.00
3. T $ T Supply, Inc. , Big Spring, Texas; 464,000 lbs. Silicate of Soda, $7,487.20
4. Austin White Lime Co. , Austin, Texas; 1680 Tons Quicklime, $35,784.00
Motion seconded by Alderman Hill, and carried unanimously.
J Item 7c
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John J. Roark, Director of Public Works, recommended award of the contract for
the 1967 slurry seal program to Dalworth Slurry Seal, Inc. , on their low bid of
$16,250.00.
f" Moved by Alderman Hill that the bid for slurry seal be awarded to Dalworth Slurry
Seal, Inc. , in the amount of $16,250.00.
Motion seconded by Alderman Lyons, and carried unanimously.
Item 7d
J Award of the bid for traffic signal cable was recommended by Ben Shelton, Director
( of Finance.
Moved by Alderman Schenk that the low bid for traffic singal cable be awarded to
T. A. Clifford, Inc. , Bethel, Vermont, in the amount of $42154.04.
Motion seconded by Alderman Davis, and carried unanimously.
Item 8a
Authority was requested to advertise for bids for paving the roadway across the
dam at Lake Arrowhead.
Moved by Alderman Davis that authority be granted to advertise for bids as
J requested.
Motion seconded by Alderman Hill, and carried unanimously.
! Ite_m 8b
John P. Ruhmann, Director of Water Development, requested authority to advertise
-; for bids for roadway guard rails on Lake Arrowhead dam.
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Moved by Alderman Davis that authority be granted to advertise for guard rails
as requested.
Motion seconded by Alderman Schenk, and carried unanimously.
City Manager Jack Davis stated that this money is available because the City
was able to obtain a grant from H.U.U.
1056
I Item 8c
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Mr. Lloyd Rigby, Director of Parks and Recreation, requested authority to adver-
tise for bids for surfacing and construction materials for tennis courts at Hamilton
Park.
Moved by Alderman Hill that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Lyons, and carried unanimously.
Mr. Rigby was introduced and welcomed as the new Parks and Recreation Director.
i Item 8d
f
Authority was requested by Lloyd Rigby to advertise for bids for construction
of spray pools in Sunset Terrace, Williams, and Lamar Parks, with an alternate for
a fourth spray pool in Weeks Park.
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Moved by Alderman Schenk that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman Hill, and carried unanimously.
Item 8c f, _
1 i
Bob Hughey, Assistant City Manager, requested authority to re-advertise
for bids for airport expansion. The previous bids were all too high.
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Mr. Roberts and Mr. Ricks, architects, presented the revised plans, stating
they believed this expansion will be sufficient for the next five years. City
Manager Jack Davis asked if the awning area outside the waiting room was included
as an alternate, and Mr. Roberts replied that it was not. Mr. Davis stated that
it was his opinion that it was in the plans all time, and he recommended that
it be included.
Moved by Alderman Kruger that authority be granted to re-advertise for bids
for airport improvements, and that the awning area be included as part of the
waiting room, as an alternate.
Motion seconded by Alderman Hill, and carried unanimously.
Item 9a j' r
Ben Shelton, Director of Finance, presented Tax Adjustments Nos. 4916 through
6036 for consideration. { i
Moved by Alderman Hill that Tax Adjustments Nos. 4916 through 6036 be approved.
Motion seconded by Alderman Schenk, and carried unanimously.
Item 9b
Mayor Rancier recommended the following board appointments.
1. Tax Equalization Board - Maurice Allred, Woody Partee, and Avery k_
Mitchell
2. Electrical Advisory Board - John Moore (building industry) and Jack
Helmcamp (industry) .
Moved by Alderman Schenk that the board appointments be approved as
recommended.
Motion seconded by Alderman Hill, and carried unanimously.
Moved by Alderman Kruger that an appreciation dinner be held every other
year to honor those members who serve on various city boards and commissions.
Motion seconded by Alderman Schenk, and carried unanimously.
1057
Item 10
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Moved by Alderman Davis that the minutes of the meetings of the Board of
Adjustments and Appeals held May 25, 1967, and the Park Board held May 23, 1967, be
received.
Motion seconded by Alderman Kruger, and carried unanimously.
Item 11
Moved by Alderman Schenk that water reimbursement contract payments be approved
in the amount of $14,414.31, and sewer reimbursement contract payments in the amount
of $6,284.92, for a total amount of $20,699.23, as follows.
Hawkeye Development, Water, Section D 2 of University Park, Exhibit A,
from May 3, 1966 to May 3, 1967; $356.66
D.F.M. Building Company, Water, Sunset Terrace Addition, Sections 1,
20 and 30 Exhibit A, B, C, and D, from April 1, 1966 to April 1, 1967;
$8,575.13
Hawkeye Development Company, Water, Loch Lomond Addition, Sections A
and B. from May 31, 1966 to May 31, 1967; $2,849.68
W. B. Hursh, Water, Section 5 of the Hursh Subdivision, from May 1, 1966
to May 1, 1967; $257.32
Hughes Development Company, Water, Ditto Heights Addition, Southern
Hills Section, from May 28, 1966 to May 28, 1967; $1,530.14
Hughes Development Company, Water, White Acres, A subdivision of Unit One
of Faith Village from May 13, 1966 to May 13, 1967; $845.38
University Park Corporation, Sewer, Sections A 2, A 3 and C 1 of University
Park Subdivision, from May 1, 1966 to May 1, 1967; $1,723.50
Hawkeye Development, Sewer, Section D 2 of University Park, Exhibit A,
from May 3, 1966 to May 3, 1967; $96.57
U.F.M. Building Company, Sewer, Sunset Terrace Addition, Sections 1, 2,
and 3, Exhibit A. B, C, and D, from April 1, 1966 to April 1, 1967; $2,479.73
Sunnyside Development Company, Sewer, Sunnyside Heights Addition, from April 1,
1966 to April 1, 1967; $1,985.12
Motion seconded by Alderman Kruger, and carried unanimously.
City Manager Jack Davis stated that the City has acquired property at Bluff
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and Sibley Street, and recommended that they take bids on this property adjacent
to Taylor Foundry at the July 10 council meeting. He pointed out that this does
not require council action, but is for their information.
City Manager Jack Davis presented a copy of a letter from the firm of Jarratt,
Toombs, Cocke, and Tillery, which estimated the cost of Phase one of the Data Process-
ing Systems and Procedures work to be performed by their firm at $15,000.00. The
Board of Aldermen had previously requested this estimate.
City Manager Jack Davis stated that the petitions previously received requesting
that a fence be erected from the water supply ditch from Fake Wichita to the Jasper
Street water plant were still being considered; however, they feel it would be in-
advisable to comment on it at this time due to a claim now pending.
Moved by Alderman Hill that the meeting be adjourned.
Motion seconded by Alderman Schenk, and carried unanimously.
The Board of Aldermen adjourned at 10:15 P.M.
PASSES AND APPROVED this le' day of
ATTEST:
Mayor
171
City Cl , k