Min 10/09/1967 1100
Wichita Falls, Texas
Memorial Auditorium Building
October 9, 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:
Leroy Daniel Mayor pro-tem
R. Kenneth Hill Z
S. M. Lyons X
James M. Davis X Aldermen
Max Kruger X
Bob Hughey Asst. City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
R. C. Rancier Absent
Cletus C. Schenk Absent
The invocation was given by Alderman Hill.
Item 3
Moved by Alderman Hill that the minutes of the meetings held September 25, September
28, and October 6, 1967, be approved.
Motion seconded by Alderman Kruger, and carried unanimously.
Item 4
i
J
Mayor Pro tem Daniel opened the public hearing on a loan renewal at First Wichita
National Bank for nurse call system at Wichita General Hospital. Since no one desired
to be heard, the public hearing was declared closed. Mayor Pro tem Daniel stated
that the ordinance would be deferred until the next council meeting when a 4/5 majority
would be present.
Item 5
A proposed ordinance making appropriations and adoption of the 1967-68 budget
was presented.
J
ORDINANCE NO. 2360
AN ORDINANCE MAKING APPROPRIATIONS FOR THE: SUPPORT, MAINTENANCE, BUILDINGS
AND IMPROVEMENTS FOR THE CITY OF WICHTIA FALLS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 19671, AND ENDING SEPTEMBER 30, 19680 BOTH DATES INCLUSIVE, ADOPTING
THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, AND DECLARING
AN EMERGENCY.
Moved by Alderman Davis that Ordinance No. 2360 be approved.
Motion seconded by Alderman Lyons, and carried by the following vote:
Ayes : Aldermen Hill, Lyons, Davis, and Kruger.
Nays: None
Item 6a
r
A proposed ordinance setting the 1967-68 tax rate was presented. It was pointed
out that the total levy of $1.81 for $100.00 assessed valuation of all taxable property
in the city remains the same as it was the past year.
01 ORDINANCE NO. 2361
AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT
OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING
FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1967-1968 AND APPORTIONING
EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ALL ANNUAL
OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY.
1101
Item 6a cont'd
Moved by Alderman hill that Ordinance No. 2361 be passed.
;Motion seconded by Alderman Kruger, and carried by the following vote:
Ayes : Aldermen Hill, Lyons, Davis, and Kruger.
Nays : None
Item 6b
v
A proposed ordinance was presented accepting improvements and levying assess-
ments on 8 units of the 1966 assessment paving program. Mr. Roark explained in
his memorandum that this completes the construction of the 1966 assessment paving
program.
ORDINANCE NO. 2362
ORDINANCE ACCEPTING IMPROVEMENTS ON EIGHT (8) UNITS OF THE 1966 ASSESSMENT
PAVING PROGRAM 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 IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIR-
ECTING 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 WICHTIA FALLS,
TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RE-
CORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE.
Moved by Alderman Kruger that Ordinance No. 2362 be passed.
Motion seconded by Alderman Davis, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, and Kruger.
Nays: None
Item 7a
At this time the mayor canvassed the votes of the bond election held on
September 28, 1967. There were a total number of 14,234 votes cast.
RESOLUTION NO. 733
RESOLUTION CANVASSING ELECTION RETURNS
THE STATE OF TEXAS
COUNTY OF WICHITA
CITY OF WICHITA FALLS
WHEREAS, the Board of Aldermen of said City duly ordered an election to be
held in said City on the 28th day of September, 1967, on the PROPOSITIONS here-
inafter stated; and
WHEREAS, said Board of Aldermen has investigated all matters .pertaining to
said election, including the ordering, giving notice, officers, holding, and making
returns of said election; and
WHEREAS, the election officers who held said election have duly made the re-
turns of the result thereof, and said returns have been duly delivered to said
Board of Aldermen.
THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS:
1. That the Board of Aldermen officially finds and determines that said
election was duly ordered, that proper notice of said election was duly given,
tha proper election officers were duly appointed prior to said election, that
said election was duly held, that due returns of the result of said election
have been made and delivered, and that the Board of Aldermen has duly canvassed
said returns, all in accordance with law.
2. That the Board of Aldermen officially finds and determines that only
resident, qualified electors who own taxable property in said City and who
have duly rendered the same for taxation were allowed to vote at said election,
and that the following votes were cast at said election on each PROPOSITION
1102
Item 7a cont'd
submitted:
PROPOSITION NO. 1
7512 VOTES: FOR )
THE ISSUANCE OF HEALTH
UNIT BUILDING BONDS
6658 VOTES: AGAINST )
I
i
PROPOSITION NO. 2
6806 VOTES: FOR )
THE ISSUANCE OF PARK BONDS
7319 VOTES: AGAINST )
PROPOSITION NO. 3
7294 VOTES: FOR )
THE ISSUANCE OF FIRE
STATION BONDS
6802 VOTES: AGAINST )
PROPOSITION NO. 4
5695 VOTES: FOR )
THE ISSUANCE OF CIVIC ACTIVITIES CENTER
BONDS
8356 VOTES: AGAINST )
PROPOSITION NO. 5
7114 VOTES: FOR )
THE ISSUANCE OF STREET
AND DRAINAGE BONDS
7000 VOTES: AGAINST )
3. That the Board of Aldermen officially finds, determines and declares the
result of said election to be that PROPOSITIONS 1, 3 & 5 so submitted have each re-
ceived a favorable majority vote and has carried, and that the HEALTH UNIT BUILDING
BONDS, the FIRE STATION BONDS and the STREET AND DRAINAGE BONDS may be issued in
accordance with law. PROPOSITIONS 2 & 4 each failed, and the PARK BONDS and CIVIC
ACTIVITIES CENTER BONDS SHALL NOT BE issued.
Moved by Alderman Kruger that Resolution No. 733 be passed.
Motion seconded by Alderman Hill.
Wayland D. Keith appeared, asking what day both bond and sales tax ballots
were available for absentee voting. At the request of Mayor pro tem Daniel, the
City Clerk replied that the sales tax ballots were available on the first day of
absentee voting, but that the bond ballots were not available until about two days
later. Mr. Keith inquired why they were not available when the law provided for
absentee balloting to begin on the 20th day before an election. City Attorney
H. 11. Hodge, Jr. , explained that the election code provides for a delay when
ballots are not available.
Mrs. Harris appeared inquiring about the street and drainage bond issue, and
what it included. City Attorney H. P. Hodge, Jr. , explained that the wording of
the ballot was prepared by Attorneys in Dallas, (attorneys for City's financial
advisor) and that the ordinance sets out the way it will appear on the ballot. Mrs.
Harris asked if Kell Boulevard was included in Proposition No. 5, and Mayor pro tem
Daniel replied that it was.
The motion for passage of Resolution No. 733 was carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, and Kruger.
Nays : None
1103
r Item 7b
A proposed ordinance was presented giving public notice that an ordinance will
be considered by the Board of Aldermen on October 23, 1967, authorizing a contract
between the City of Wichita Falls and the Hospital Board. Assistant City Manager
Bob Hughey explained that this was not a new undertaking; that the City and County
have been subsidizing the hospital for a number of years. Frank Medanich, Vice ✓
President of the First Southwest Company, the City's financial advisors, stated
that he had no comments to make.
,/ RESOLUTION NO. 734
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE, CITY OF WICHITA FALLS, TEXAS,
THAT:
:
Public notice is hereby given that the City of Wichita Falls has the intention
of entering into a contract with the Wichita County-City of Wichita Falls, Texas,
Hospital Board, wherein such board agrees to operate and maintain the Wichita
General Hospital for the use and benefit of the public, and the City of Wichita
Falls agrees to pay said board the annual sum of $80,000 for a period of ten (10)
years. An ordinance approving such contract will be considered by the Board of
Aldermen at their regular meeting of October 23, 1967.
Moved by Alderman Hill that Resolution No. 734 be passed.
Motion seconded by Alderman Davis, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, and Kruger.
Nays : None
Item 8a i
Roy Wilshire, Traffic Engineer, recommended that bids received on October 2
for traffic signal equipment for Grant and Kell intersection be rejected, and new j
bids authorized because they did not comply with bidding requirements. /
Moved by Alderman Hill that bids be rejected as recommended, and new bids be
taken.
Motion seconded by Alderman Lyons, and carried unanimously.
Alderman Davis asked Colonel Alford how long it would take to receive new
bids, and he stated that he believed it would probably take another three weeks.
Item 8b
d
Ben Shelton, Director of Finance, recommended award of the depository ✓
contract be City National Bank for two years beginning October 1, 1967.
✓
/ RESOLUTION NO. 735
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
THAT certain proposal for a depository agreement for two (2) years beginning
October 1st, 1967, which has been submitted to the City of Wichita Falls by the
City National Bank in Wichita Falls, be and the same is hereby approved and
accepted, and the Mayor or the City Manager is hereby authorized to execute
such acceptance for the City of Wichita Falls.
Moved by Alderman Davis that Resolution No. 735 be passed.
Motion seconded by Alderman Bill, and carried by the following vote:
Ayes: Aldermen Hill, Lyons, Davis, and Kruger.
Nays: None
Item 9
Bill Ryan, Airport Manager, requested approval of Change Order No. 1 on
the airport remodeling contract with Max Yancey Construction Company in the
1104
Item 9 cont'd
amount of $305.00.
Moved by Alderman Hill that Change Order No. 1 be allowed as requested.
Motion seconded by Alderman Kruger, and carried unanimously.
Item 10
Bob Hughey, Assistant City Manager, presented a request from the owners of Guys
and Dolls and M-B Corral for waiver of closing hours on New Year's eve, which falls
on a Sunday this year.
i "
Moved by Alderman Kruger that this request be granted to allow dance halls to
remain open on Sunday night, New Year's eve.
Motion seconded by Alderman Davis, who pointed out that this was an unusual occur-
ence that New Year's eve falls on Sunday this year.
Motion carried by the following vote:
Ayes: Aldermen Lyons, Davis, and Kruger.
Nays: Alderman Hill
Mayor pro tem Daniel pointed out that this does not apply to private clubs, but
only to public dance halls.
' Item 11
J
Wichita Container fire zone violation was discussed. Mayor pro tem Daniel read
a letter addressed to Mr. Jesse A. Gant, Service Container Corporation in Oklahoma
City, dated May 3, 1967. In this letter Mr. H. P. Hodge, Jr. , City Attorney, explained
that they had given their company more than ample time to find another location outside
the No. 1 fire zone, and that the City would be unable to withhold legal action for
more than the two weeks requested in their letter.
Alderman Davis stated that five more months have elapsed since this letter was
written, and it was not their desire to make it hard on individuals or companies, but
since they have been given ample time to comply with the City's ordinance, he would,
with regret, move that the City Attorney be directed to take whatever action is necessary
to enforce our ordinance.
Motion seconded by Alderman Hill.
Woody Partee appeared in behalf of Wichita Container Company as the realtor who
brought them to Wichita Falls. He requested that this matter be postponed for two more
weeks to give the owners an opportunity to appear. He stated he had talked with
the manager this afternoon and this is the first he has known of this matter. Mr.
H. P. Hodge, Jr. , City Attorney, stated that they were notified in April by letter
from Mr. Poff, former Deputy City Attorney, to the manager, Mr. Rard.
Mayor Pro tem Daniel stated that certain citizens in Wichita Falls tried to help
the Wichita Container Company increase their business since the/ stated they were not
selling enough boxes in Wichita Falls. Jerry Lindsey had requested that this matter be
delayed. Mayor pro tem Daniel explained that it was not the desire of this council
to do anything to the detriment of Wichita Falls, but they have to think of the other
businesses and citizens; that they have tried for almost two years to permit them to
solve this situation.
Alderman Davis asked how long it will take to enforce the ordinance. It was the
consensus of the Council that they would be given until November 1 to move.
Alderman Kruger inquired of Colonel Alford if a sprinkling system would alter
the situation. Colonel Alford replied that it would not, however, fire insurance
rates in Wichita Falls would be less if all commercial establishments had a sprinkler
system, but that this would not protect the neighbor across the street or next door.
The motion was carried unanimously.
It was requested that a letter be sent to the manager of Wichita Container Company,
and a call to Jerry Lindsey, informing them of this action.
1105
Item 12
Moved by Alderman hill that sewer reimbursement contract payments be approved as
follows, in the total amount of $597.37.
Hughes Development Company, Inc. , Sewer, Whiteacre Subdivision of Unit 1
of Faith Village, from September 23, 1966 to September 23, 1967; $337.34
IV. B. Hursh, Sewer, Hursh Estates Addition, Section Two, from September 27,
1966 to September 27, 1967; $45.79
Hawkeye Development Company, Sewer, from off-site sewer line, Blocks 23
and 24, Ilillcrest Addition, from September 14, 1966 to September 14, 1967;
$190.24
Hawkeye Development Dompany, Front Foot charge for the off-site sewer line
for Blocks 23 and 24 of Ilillcrest Addition, from September 14, 1966 to
September 14, 1967; $24.00
Motion seconded by Alderman Lyons, and carried unanimously.
At this time Mayor pro tem Daniel read from a letter to the editor which
appeared in the paper on October 8, 1967, written by John I-1. Wilson, in opposition
to Kell Expressway. Mayor pro tem Daniel also explained that the Kell Freeway
facility was proposed as a result of the urban transportation study, and has been
studied for three years. It was recommended to the Council by the Citizens
Advisory Committee. The Council accepted their recommendation, and the voters
approved it. His reply to Mr. Wilson's letter is attached and made a part of
these minutes. Ile also gave assurance that the Council will see that the citizens
get what they voted for.
Mr. Bill Cooper appeared lauding; the city staff and council for their time
spent in managing the affairs of our city, and offered humble caution to those
who would blatantly criticize, and urging anyone to be sure of their facts before
anything is said.
Alderman Kruger stated that this city should be thankful and grateful for
the staff which it has.
Moved by Alderman Kruger that the meeting be adjourned.
Motion seconded by Alderman by Alderman Lyons, and carried unanimously.
The Board of Aldermen adjourned at 9:15 P.M.
PASSED AND APPROVED this vl 41,_.,day of C�?tf , 1967.
f
HAtor
ATTEST:
O
City Cler
J" t
Reply in Regard to Kell Freeway
1. "Tile only excuse given for all this trouble and expense is 'to get
federal and state money' spend in Wichita Falls. The two highways
tahich it is expected to serve would be the Highway 82 to Henrietta
and points cast; and 277 which comes down through Oklahoma and goes
on down to Seymour and points west."
The Kell Freeway facility was proposed as a result of the Wichita
Falls Urban Transportation Study which was developed as a joint
venture between the City of Wichita Falls, Texas Highway Department,
County of Wichita, and the Bureau of Public Roads. The main pur-
pose of the Kell Freeway was not to encourage Interstate designation
for the City of Wichita Falls, but was proposed to meet the traffic
demand predominately generated within the City of Wichita Falls.
While Interstate designation for highways through Wichita Falls would
be extremely advantageous for the City's growth and development, and
therefore should receive continuous support, the traffic demand for
which Kell Freeway was proposed, does and will exist, regardless of
federal or Interstate designation.
2. "Highway 277 , on the other hand, which comes from Oklahoma and goes
southwest would in my opinion be far better to be by-passed to the
,Jest of Wichita Falls, and not come through the residental section
of Wichita Falls. This highway stands a much better chance of being
designated an interstate freeway than does 82. If this highway was
routed around Wichita Falls to the west almost as much money would be
spent in this area, but it would be entirely furnished by the state
and federal governments and Wichita Falls would not have to vote any
bond issue whatever."
This statement as expressed is entirely true. The interstate system
however, is not designed for intercity traffic only, but also con-
siders intrrcity traffic demand. Should the federal government and
the State Highway Department not participate in transportation fa-
cilities within urban areas and only serve intercity travel, cities,
without benefit of the gasoline tax, could not in any manner provide
the transportation facilities needed. Hence the federal government
and the State Highway Department have recognized their responsibility
in participating with cities in the solution of the transportation
problem within urban areas. In fact, this is where the transportation
problem exists. The only attitude a city may take is that major
transportation facilities to serve intercity travel must also be
designed to serve the traffic within the urban area. Of the approxi-
mately 80,000 vehicles per day forecasted to use the Kell Freeway
facility by 1985, only 8,300 vehicles per day could be considered as
2
through traffic. Hence the facility as proposed is not• designed to
serve intercity travel, but is designed to meet the traffic demands
wiL•hin the urban area of Wichita Falls.
3. "I know of no other city that has routed an interstate highway through
the residential section of that city."
This statement shows considerable lack of knowledge of other cities.
Contrary to the statement-, all interstate and other freeway facilities
in other cities must be routed through residential areas because
residential areas are the chief generators of the traffic. This is
true in Dallas, on the North Central Expressway; in Houston, on the
Gulf Freeway; in Waco and Fort Worth, on I.H. 35.
4. "Second,the railroad which now parallels Kell Boulevard must be torn
up and rerouted and we have heard an estimate from a competent rail-
road man who advises that it will probably cost $8,000,000 to reroute
this railroad and even the highway engineers do not know how it could
be routed, if forced to move."
The following is a direct quote from a memorandum to the City of
Wichita Falls, from Mr. E. L. Simmons, Vice-President, Fort Worth and
Denver Railroad, dated May 15, 1967 : "Depending on the location, the
new connecting line would be from seven miles to eleven miles in
length, and would have to cross both the Wichita River and U.S. Iligh-
way 82-277. The cost would be in excess of $1,000,000." Estimates
of cost in excess of the amount quoted by Mr. Simmons were included
by the Highway Department in the estimate of cost of the project.
With the recent tragedies occuring because of the existing grade
crossings of this railroad and major arterial streets, it does not
appear that this amount is too large a price to pay for highway
safety.
5. "If the interstate highway is designated through Wichita Falls and
along Kell Boulevard, it will probably require an overpass over
Broad and Holliday Streets from Eighth to Kell, and this means
that this section of town in addition to Kell Boulevard will be torn
up for probably two to three years during its construction."
The elevated sections of the freeway network along Broad and Holliday
Streets are not programmed for construction during the next ten to fif-
teen years. This is based on the projected traffic volume delineated
in the Wichita Falls Urban Transportation Study. In all probability,
no construction will begin in these sections until such time as the
t . 3
hell Freeway facility has been completed. At such time as the elevated
sections are proposed, no additional Right of Way will be required in
that these will be constructed over the existing, at-grade facility.
6. "And if this highway is routed through Wichita Falls, all the large
diesel trucks and other traffic going through this route will probably
be so great, day and night, that it will be practically impossible for
the residents who live along this route to sleep at night."
The design of the Kell Freeway facility will be based on current de-
sign standard limiting the maximum grades in order to reduce vehicle
noise to a minimum. Because of the separation of the abutting
property and the freeway lanes by the frontage road, the noise level
will probably be lower than that existing at the present time on Kell
Boulevard.
7. "It distinctly says that the city will have to maintain this highway
through the city and that means for all time to come."
The following are the conditions under which minute brder No. 58021
was approved: "Provided the City will: 1. Participate in the purchase
of right of way and such items of construction required by Departmental
)olicies for municipal projects. 2. Agree to accept the present loca-
.ion of U.S. Highways 82 and 277 form the intersection of Loop Eleven
and present U.S. Highways 82 and 277 to present U.S. Highway 287 into
their street system for maintenance."
Hence, the city will be responsible only for maintenance of Fifth
Street between Brook and Beverly. In its maintenance policy dated
October 23, 1966, the State Highway Department acknowledged all
maintenance of freeway facilities.
8. "The next day when we demanded to see a copy of this 'minute order'
the only thing that they could produce was a mimeographed form with
a few blank spaces filled in and absolutely no signature of any
kind on the 'minute order. ' "
The executed copies of all "minute orders" are kept on file in the
Austin office of the Highway Commission. Municipalities and
Districts of the Highway Department are furnished copies of the
minute order. The following is a telegraph from Mr. D. C. Greer
acknowledging this fact.
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JACK DAVIS# CITY MANAGER
CITY 01':' WICHITA FALLS WICHITA FALLIS TLEAN'
T.176S IS TO ADVISE THAT 71-1'E 11101-i'UAY CO"6'k11*SS1ON EXECUTED MINUTE
'966P AND MINUTE ORDER 5911'0-'�9
ORDERS 5SO 'O AND 59021 ON JUNE >Oq
ON APRIL 27., -0-967.9 IN ACCORDANCE 01TH EXISTING STATE LAWSS
ERTIFIED COPIES OF THESE 02DERS. ARE BEING MAILED TODAY
D C GRE-ER STATE HIGHWAY ENGINEER
58020 58021 30 1966 59159 27 1967
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