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Min 03/04/1969 1372 Wichita Falls, Texas Memorial Auditorium Building March 4, 1969 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 2:30 o'clock P.M. , with the following members present: Kenneth Hill Mayor bon Wills X Harrison E. Taylor X James M. Davis X Aldermen Dick Darner X Cletus C. Schenk X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Max Kruger Absent The invocation was given by Alderman Darner. Visitors were welcomed by the Mayor. Item 3 Moved by Alderman Schenk that minutes of the meeting held February 18, 1969, be approved. Motion seconded by Alderman Wills, and carried unanimously. Item 4a A proposed ordinance was presented accepting improvements on ten units of the 1968 assessment paving program. ✓ ORDINANCE NO. 2487 ORDINANCE ACCEPTING IMPROVEMENTS OF TEN (10) UNITS OF THE 1968 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCES NO. 2408, NO. 2417, NO. 2423, AND NO. 2458; DECLARING THE CONTRACT WITH R. 0. GREEN CONSTRUCTION COMPANY, TIMMINS AND ANDERSON, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS 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 ASSESS- MLNTS; 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 Wills that Ordinance No. 2487 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None A proposed ordinance was also presented accepting improvements on nineteen leaveout locations. 1 ORDINANCE NO. 2488 ORDINANCE ACCEPTING IMPROVEMENTS ON NINETEEN (19) LEAVEOUT LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCES NO. 2408, NO. 2423 AND NO. 2458; DECLARING THE CONSTRUCTION OF SAID IMPROVEMENTS 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 ORD- INANCE 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 1373 Item 4a, cont'd. ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Darner that Ordinance No. 2488 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, 'Taylor, Davis, Darner, and Schenk Nays: None Item 4b Proposed changes in speed limits on Southwest Parkway were recommended by the Texas Highway Department and the City's Traffic Department. , ORDINANCE NO. 2489 AN ORDINANCE AMENDING SECTION 29-91 OF THE TRAFFIC ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, LSTABLISIIING MAXIbIUM SPEED LIMITS IN CERTAIN ZONES, AND DECLARING AN EMERGENCY. Moved by Alderman Taylor that Ordinance No. 2489 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen hills, Taylor, Davis, Darner, and Schenk Nays: None Item 4c A proposed ordinance was presented amending the fire prevention code pertaining to self-service gasoline stations. ORDINANCE NO. 2490 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADDING PARAGRAPH (5) TO SECTION 15-15.1 WHICH AMENDS SECTION 16.64 OF THE FIRL PREVENTION CODE AS RLCOM1.1LNDLD BY THE A,ILRICAN INSURANCE ASSOCIATION, SUCCLSSOR 70 THE NATIONAL BOARD OF FIRE UNDLRWRiTLRS, BEING PARTICULARLY THE 1965 EDITION THEREOF, PROVIDING THAT NO PERSON SHALL INSERT OR REMOVE A NOZZLE DIS- PENSING FLA,*IABLE LIQUIDS INTO OR FROM THE FULL TANK OF A MOTOR VEIiICLL OR CONTAINER UNLESS HE BE EITHER THE OWNER OR OPERATOR OR AN EMPLOYEE OF THL SERVICE STATION WHERE SUCH FULLING IS 'TAKING PLACE, AND DECLAR- ING AN EMERGENCY. Moved by Alderman Schenk that Ordinance No. 2490 be passed. Motion seconded by Alderman Darner. Mr. Clyde Fillmore appeared representing Jiffy Food Store and Southway, Inc., Fort Worth. Jiffy has three locations and Southway, Inc., has two locations which are equipped with self-service gasoline pumps. fie explained that all of these locations had been in business more than one year each for a total of ten to twelve years, and there had not been an accident or fire yet. lie also explained that South- way has conducted an investigation and found that there is no difference in the operation of a self service station and another kind. Ile stated that he believed this ordinance is discriminatory and discriminates against businessmen who have operated here successfully and without mishap, and if passed would put five busi- nesses out. Ile stated that even though this ordinance has been passed in some cities it is not in the majority, of the cities. Ile further stated that he felt a housewife or teenager is just as capable of putting gasoline in a car as anyone servicing a station; that he does not believe it is a regulatory ordinance. lie stated it would be unfair, unjust, and discriminatory to pass this ordinance; also, that Southway carries liability insurance on their operations. Alderman Taylor inquired if these businesses could not sell gasoline under this proposed ordinance. Mr. Fillmore stated they could sell it cheaper if they did not have to pay a full time attendant. At this time Mayor Hill recognized the Washington High School business law class. Paul Yeager, Director of Public Safety, explained that this study began about four months ago. Upon investigation lie found that gasoline was being, spilled, 1374 Item 4c, cont'd. cigarette were being smoked while filling the tank, and motors were left running while the tank was filling. Calls were made to other large cities in Texas. Ordin- ances were found to exist in all of the larger cities except Abiline and Lubbock. There were no existing stations in Lubbock, and Abiline is in the process of writing an ordinance. IIe agreed that youth and women are capable of dispensing gas, but they want to be sure that safety factors are followed. Mr. Yeager mentioned accidents at two different locations in Texas, and Mr. Fillmore stated that the fire at one location was caused by a transport truck filling an overhead tank. Irvin Vogel, Attorney, stated that he owned a filling station at Brook and Dayton, which is now operated by Thomas discount gas. tie stated that during the past years lie has seen some youtlis run gas out on the ground, but since Thomas discount gas has taken over lie has not seen any gas spilled on the floor. He further stated lie had had an insurance reduction. Ile stated that he felt self-service operations should not be penalized. lie presented petitions to the City Clerk regarding self- service stations. Gene Davenport, President of Southway, Inc. , explained that signatures on the petitions were obtained by leaving them in the stations, and customers signing on a voluntary basis; that they were obtained during the past three to five days. lie stated that the trend is not toward outlawing this operation, but making it available with supervision; that in 1966 a need for this type of establishment was recognized, and controls were established for self service stations by authorities on fire pre- vention. lie further explained that they fully accept the responsibility of seeing that safety rules mentioned are enforced. lie explained that a citizen had gone to eighteen other stations with a lighted cigarette and motor running and not one time was he challenged. He stated that he felt they are being singled out; that facts prove that this type of operation is safe. fie explained that they buy quality, standard octane gas; that no gasoline is ever sold without an attendant with line of site and in control of the operation. They are equipped with an intercom and emergency switch to shut off power to the pumps if necessary. Don Short, Attorney, appeared representing Williams Petroleum Company and Preston Milk, and Burkburnett Petroleum. lie stated that one of these stations was closed due to a murder, and feels that the stations he represents would have to close if they were required to have an attendant. lie felt that an investigation should be made at other stations to see if any of these violations are occuring there. Chester Wood, of Chester Wood Oil Company of Wichita Falls, inquired if they did not induce traffic into their stations to sign the petitions by lowering their price. John Harvison of Southway, stated that prices were cut to 24.9 on one day, and he admitted to hoping to draw many people into the stations. Jim Clark appeared, who operates Dapper Dan Cleaners and gasoline stations in four states. It was his understanding that both the company and driver of an auto- mobile are liable for certain violations which occur. He stated that he would remove his business from this town if this ordinance is passed. Mr. Vanderslice appeared, who operates a self-service station on Rhea Road. lie stated that they had a full time employee who doesn't do anything but look after cash register sales of gasoline. fie stated they have a clear view of the pumps. He explained that when lie was checking out, someone else was on the register watching the pumps. Certain information was requested by Alderman Davis, and City Attorney H. P. Hodge, Jr. left the Council room to obtain it. Upon his return he explained that in response to the first question as to who would be guilty if an accident occurs while gasoline is being dispensed, it would be the person doing the smoking in the area. No Smoking signs must be installed. In regard to the motor running, the person guilty of violating the ordinance would be the person who is fueling the auto- mobile. Moved by Alderman 'Taylor that the motion be tabled for further consideration. Motion seconded by Alderman Wills. City Manager Gerald Fox stated he would like the opportunity to investigate into this matter with certain fire protection organizations. The Mayor requested that insurance rates be checked, as well as dates of passage of these ordinances in other cities. Alderman Schenk stated that he had no objections to withdrawing his motion for further study. 1375 Item 4c cont'd. The motion to table was carried unanimously. Alderman Davis commended Paul Yeager for his study and attention to this matter. Alderman Schenk also commended him for the fine cooperation between Fire and Police Departments. Item 5a A proposed resolution was presented authorizing proposals on utility conflicts on F.M. 1954 construction. f RESOLUTION NO. 911 WHEREAS, it is necessary to acquire the property hereinafter described for construction of F.M. 1954 from U.S. 281 Last to Lake Arrowhead in accordance with Texas State highway Department Minute Order No. 60362 which was accepted by Res- olution 775, and, WI;LRLAS, it is necessary to fence and clear the property and make all necess- ary adjustments of utility conflict, and, WHERLAS, a number of proposals from the owners of utilities in conflict have been received and the cost of each of these proposals have been studied by the Board of Aldermen and is in the possession of the Director of Water Development and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDLRHEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The utility conflicts to be adjusted together with cost are as follows: (1) Texas Electric Service Co. Overhead Line 4,703.67 (2) Progress Petroleum Pipeline Adjust Two Lines To be submitted at a later date Utility adjustment cost approved in this resolution - $4,703.67 SECTION NO. 2 The proposals of cost of such utility adjustments are hereby approved and accepted and the City Manager is hereby authorized to pay the approved price tabulated above for the utility adjustments. Moved by Alderman wills that Resolution No. 911 be passed. Motion seconded by Alderman 'Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None Item Sb A proposed resolution was passed authorizing proposals to property owners on Kell Freeway. � - RESOLUTION NO. 912 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed projects in the 1967 Capital Improvements Pror1ram, and, WHEREAS, such property has been appraised by independent appraisers employed for this purpose by the Texas State Highway Department, and the amount of the State approved value, as determined from the appraisals, has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/ or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows: 1376 Item 5b cont'd. Kell Freeway - Project 52-071 Property Lot 12, Block 48, Southland Addition Lot 3, Block 63, Southland Addition Lot 4, Block 63, Southland Addition Lot 1, Block 66, Southland Addition Lot 3, Block 66, Southland Addition Lot 5, Block 74, Southland Addition Lot 11, Block 4, First H. W. Spivey Addition Lot 7, Block 5, First H. W. Spivey Addition Lot 11, Block 1, H. W. Spivey Addition Lot 9, 4 10, Block B, Wyatt Southside Addition Lot 8, Block 9, John W. Thomas Addition L 28' of Lot 15, $ W 26' of Lot 16, Block 8, Highland West Side Addition Combined total of values approved in this resolution - �1150520.00 SECTION NO. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department, by Warranty Deed, such tracts of 1 mid as shown on the project right-of- way map. The authorized price to be paid for each tract is the state approved value as determined from appraisals made by the independent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase any such tract or tracts for such approved values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department. Moved by Alderman Schenk that Resolution No. 912 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: None Item 5c A proposed resolution was presented approving a preliminary engineering report, and authorizing the mayor to execute the contractual agreement for relocation of the Fort worth and Denver Railroad. ✓ / RESULUTIUN N0. 913 WHEREAS, the City of Wichita Falls with the Texas Highway Department plans to construct the proposed Kell Freeway Project which was authorized by the Texas highway Commission Minute Order No. 58021 and the City of Wichita Falls Resolution No. 652; and, MiLRLAS, construction of the proposed Kell Freeway will require the relocation of the Wichita Valley Line of the Fort Worth and Denver Railway Company; and, IVUL RLAS, the consulting firm of Forrest and Cotton, Inc., Dallas, Texas, was, in consultation with officials of the Fort Worth and Denver Railway Company, employed for the purpose of preparing a Preliminary Engineering Report and a proposed Contractual Agreement for tlie relocation of said Wichita Valley Line; and, WHEREAS, the Preliminary Engineering Report and proposed Contractual Agreement has been completed by the consulting firm of Forrest and Cotton, Inc. and has been reviewed by the Board of Aldermen. 1377 Item Sc cont'd. NUty, '1'HEItEFORE, BE IT RESOLVED BY THE GUARD OF ALDEW L OF THE CITY OF ttiICtiI'TA FALLS, TEXAS, ThAT: 'The Preliminary Engineering Report and Contractual Agreement are hereby approved and the Mayor of the City of Wichita Falls is hereby authorized to execute the Contr- actual Agreement on behalf of the City of Wichita Falls. ~loved by Alderman Darner that Resolution No. 913 be passed. Motion seconded by Alderman Schenk, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Darner, and Schenk Nays: None (Alderman Davis out of room) . Item 5d A proposed resolution was presented authorizing the City Manager to negotiate and execute certain leases and contracts at Municipal Airport. RESOLUTION NO. 914 WHEREAS, Section 3.2 of the Code of Ordinances of the City of Wichita Falls provides that no person, association, partnership or corporation, shall use the Wichita Falls Municipal Airport for the conduct of any commercial activity, unless by express written permission from the City of Wichita Falls, Texas, or its duly ` authorized agents; and, WHEREAS, a number of the original leases and contracts granting commercial priv- iliges at the airport are now due for renegotiation and execution; and, WHEREAS, these leases and contracts are necessary to the continued conduct of routine services at the Airport; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICIIITA FALLS, TEXAS: THAT, the City Manager, be and is hereby authorized to enter into the necessary negotiations and execute on behalf of the City, renewals and extensions of Airport leases, contracts and agreements, administrative in nature and whose term shall not exceed five (5) years. Moved by Alderman Schenk that Resolution No. 914 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Wills, 'Taylor, Davis, Darner, and Schenk Nays: None Item 5e A proposed resolution was presented giving public notice of intent to renew temporary loans at City National Bank. RESOLUTION NO. 915 WHEREAS, the City of Wichita Falls has heretofore executed various promissory notes payable to the order of the City National Bank in Wichita Falls for various purposes; and, WHEREAS, these promissory notes are due on March 31st, and April 9th, 1969, and is deemed advisable to make various temporary loans from said Bank in order to renew and extend part of the unpaid balances on said notes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Public notice is hereby given that, at the regular meeting of the Board of Aldermen on March 18th, 1969 at 2:30 o'clock p.m. in the Council Room in Memorial Auditorium, an ordinance or ordinances authorizing: such loans shall be considered by the Board of Aldermen. 137� i Item 5e cont'd. Moved by Alderman Schenk that Resolution No. 915 be passed. Motion seconded by Alderman Darner, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Schenk Nays: None (Alderman Wills abstained from voting) . 'Item Sf ' . City Manager Gerald Fox recommended approval of an operating agreement with Wichita County Water Improvement District No. 2 for operation and maintenance of Lake Kemp to be submitted to the Water District for their consideration. Major terms of the agreement are as follows: 1. Ownership of facilities would be the same as now constituted. 2. Water rights are re-established as presently constituted. 3. District shall have complete control of all operations of facilities, except as otherwise provided. 4. City shall pay District $75,000 first year and escalated two percent each year for a period of five years beginning October, 1968. S. Payments to be made quarterly beginning December 1, 1968, for the preceding quarter. 6. Any capital expense necessitated by an Act of God shall be borne 2/3 by the City and 1/3 by the Uistrict after approval of both parties of plans, specifications and costs. 7. Proceeds from sale of water shall be shared equally by City and District after such contracts are mutually agreed upon. 8. District shall keep accounting records and provide City with an annual audit. 9. A section on renewal of contract automatically for five-year period, or renegotiation of terms upon proper notice and an arbitration clause to settle dispute on contract renewal. 10. Second five-year period to begin with $81,000 annual payment with the two percent escalation. Moved by Alderman Schenk that the recommended operating contract be approved. Motion seconded by Alderman Davis, and carried unanimously. Item 5g A proposed resolution was presented approving participation in federal rent supplement program. This would in no way put the city government in the rent supple- ment program, but would allow builders or developers to construct low-cost housing for rent to families displaced by governmental actions, physically handicapped, aged 62 or older, living in substandard housing, and with low incomes. RESOLUTION NO. 916 RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FLDLRAL RENT SUPPLEMENT PROGRAM. WHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965, the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent supplement payments to certain qualified housing owners on behalf of qualified low-income families who are elderly, handicapped, displaced, vic- tims of natural disaster, or occupants of substandard housing; and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the locality has by res- olution given approval for such participation in the Federal Rent Supplement Program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY .OF WICHITA FALLS, TEXAS, MAT: Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located in the City of Wichita Falls, Texas. Moved by Alderman Schenk that Resolution No. 916 be passed. 1379 Item 5g contd. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Schenk Nays: None (Alderman bills was out of the room, but upon his return instructed the City Clerk to record his vote as "Aye") . / Item 4d A proposed ordinance was presented for consideration on the liquor zone. The City Manager briefly presented the highlights of the proposed ordinance, which would retain the present zone with only minor modifications on Flood Street, and. would allow limited liquor uses on property abutting state or U.S. highways. ` ORDINANCE NO. 2491 AN ORDINANCE REGULATI14G THE SALE OF ALCOHOLIC BLVLRAGLS WITHIN THE CITY OF IVICHITA BALLS; PROHIBITING TIIE SALT: OF SUCII BEVERAGES IN CERTAIN AREAS; CLASSIFYING AREAS WITHIN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; CLASSIFYI G TYPES OF RETAIL DEALERS WHO SELL ALCOHOLIC BEVERAGES; PROVIDING FUR NON- CONFORMING USES; PROfiIBITING DANCING WHERE INTOXICATING BEVERAGES ARE SOLD; PROVIDING THAT PL-RSONS VIOLATING TiIIS ORDINANCE MAY BE LNJOINEU; PROVIDING A PENALTY; LXLMPTING idiOLLSALL DLALLRS. Moved by Alderman Schenk that Ordinance No. 2491 be passed with an amendment to Section 9 to give the three present non-conforming uses five years to continue in the same location instead of two years. Motion seconded by Alderman Davis. Alderman Dills stated that lie believed the ordinance is a good compromise to a difficult problem; that it is a serious matter which will affect our community for many years to come. Ile proposed the following amendments: a. In Sections 4 and 5 - Change the distance from 100 to 200 feet in each instance from the right-ofway line of such street. b. In section 10 - Change the percentage of revenue from sale of food to seventy percent instead of fifty percent. c. In Section 10 - Change the date from February lst to March 1st for submission of a sworn statement showing the total amount of gross revenues, and add the work "Calendar" to'preceding calendar year." d. At the end of Section 10, add the following: "No consumption of alcoholic beverages which is authorized under this ordinance shall be allowed at any restaurant unless such consumption takes place within the permanent walls covered by the permanent roof of said restaurant." Alderman Schenk stated he would incorporate all those amendments into his motion except changing the percentage of revenue from sale of food to seventy percent. Jack Ballard, 1013 Cottonwood, appeared in opposition to opening more bars along highways. Kenneth Johnson appeared, representing Grady Jones. fie stated that he did not feel that it was fair to those three locations who have a non-conforming use, and that they should be allowed to stay in those locations. Ile explained that Mr. Jones has been in business since 1951, and feels these three businesses are being dis- criminated against. Alderman Wills explained that they did not want to create a monopoly, and they would have one if allowed to remain. Mr. Johnson stated he thought Holliday was an arterial street. Hayor Hill explained that other arterial streets in the City are not included. City Attorney H. P. }lodge, Jr. , explained that the Council has authority to discriminate, but there is a difference between discrimination and arbitrary dis- crimination. The council has authority to legislate on anything pertaining to public welfare, health, and safety of the citizens of the city. Avery Mitchell appeared stating that he realizes the council has a problem, but feels all 29 non-conforming use locations should have the same benefits. Tom Sweeney, with Sikes Center, stated that he felt all shopping centers with at least 400,000 square feet should be included in on-premise consumption. 1380 i i Item 4d, cont'd. Alderman Davis made several comments, stating that he feels this ordinance is somewhat of a compromise; that what is commonly referred to as a bar will not be allowed in the extended zone, and that they will see very little change in the drinking habits of the citizens. Mike McAfee, of Shakey's Pizza Parlor, stated that they sold more draft beer than any place in town except Sheppard Air Force Base, and in their case their draft beer sales amount to about 23 percent of their total intake. The vote was taken on the motion and amendments (except the percentage of food revenue) for passage of the ordinance, and was carried by the following vote: Ayes: Aldermen Taylor, Davis, Darner, and Schenk Nays: Mayor Hill and Alderman Wills Mayor Hill instructed the City Clerk to record his vote as against the ordinance in full because he feels the people should have a choice and an opportunity to vote on it. Moved by Alderman Wills that Section 10 of Ordinance No. 2491 be amended to read seventy percent of gross revenue from the sale of food instead of fifty percent. Motion seconded by Alderman 'Taylor, and carried by the following vote: Ayes: Aldermen Wills, Taylor, Davis, Darner, and Schenk Nays: Mayor Hill Alderman Wills explained that he voted against the original ordinance because he did not want bars to be allowed to escape Fire Zone No. 1. Item 6a It was recommended by Ben Shelton, Director of General Services, that the bid for an estimated annual supply of gasoline be awarded to Humble Oil and Refining / Company on their low bid of $0.1647 per gallon. ' Moved by Alderman Schenk that the bid be awarded as recommended. Blotion seconded by Alderman Davis, and carried unanimously. Item 6b Ben Shelton again recommended award of the bid for an estimated annual supply of tires and tubes to Hodges Tire Company on their low bid of $30,972.99. Moved by Alderman Schenk that the bid be awarded as recommended. Motion seconded by Alderman Darner, and carried unanimously. ✓ Item 7 W. J. Schnautz, Jr. , Purchasing Agent, requested permission to advertise for �i bids for an estimated annual supply of 100 tons of fertilizer for the Parks Department. I� / Moved by Alderman Darner that authority be granted to advertise for bids for fertilizer. Motion seconded by Alderman Schenk, and carried unanimously. Item 8 Moved by Alderman Wills that minutes of the Electrical Board held February 11, 1969, and Park Board held February 2S, 1969, be received. Motion seconded by Alderman Schenk, and carried unanimously. 1351 Item 9 John J. Roark, Director of Public works, advised the Council that he had dir- ected that 9th Street, from Hayes to Beverly, be reconstructed as a four-lane undivided facility due to excessive cost over the budgeted amount. Abutting prop- erty owners had previously objected to a median, also. Item 10 ' It was recommended by Ben Shelton Direc tor of General Services, that truck bids be awarded as follows: a. Longhorn Chevrolet $19,035.68 i (10 pickups and 1 truck) b. Morgan Motor Company 5,360.98 (1 truck and 1 van) ' c. Pollard Ford Company 3,478.53 (1 pickup) ' d. Hobbs Trailers 840.00 (1 dump bed) Total $28,715.19 Moved by Alderman Schenk that truck bids be awarded as recommended. Motion seconded by Alderman Taylor, and carried unanimously. r Item 11 Approval of an addendum to the contract with Pinnell and Associates for the Sanitation study was recommended by John J. Roark, Director of Public Works. This addendum sets out a specific task to be completed during the second fiscal year, and in no way changes the total amount of the contract which has been approved in full by the Department of Health, Education, and Welfare. Moved by Alderman Taylor that the addendum be approved. Motion seconded by Alderman Wills, and carried unanimously. Moved by Alderman Wills that the meeting be adjourned. Motion seconded by Alderman Schenk, and carried unanimously. The Board of Aldermen adjourned at 5:45 P.M. PASSED AND APPROVED this / &/day of '�� ) , 1969. clay ATTEST: City Cler —'