Min 03/18/1969 1382
Wichita Falls, Texas
I
Memorial Auditorium Building
f tarch 18, 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 r1ayor
Don Wills X
Harrison L. Taylor X
James M. Davis X Aldermen
Dick Darner X
;,lax Kruger X
Cletus C. Schenk X
Gerald Fox City Manager
Ii. P. riodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Kruger.
Item 3
Moved by Alderman Schenk that minutes of the meeting held March 4, 1969, be
approved.
Motion seconded by Alderman Wills, and carried unanimously.
Item 4
The public hearing was opened on a temporary loan in the amount of $350,000.
Jack Ballard, 1013 Cottonwood, inquired concerning the purpose of the loan.
City Manager Gerald Fox stated the notes were executed to provide the City with
working capital, and for moneys to provide for remodeling of Memorial Auditorium.
He asked further questions about the interest rate, when it would be paid off, and
why we had to borrow this money, and the amount of money in the general fund. 'These
queries were answered by various councilmen and the city manager. Alderman Taylor
informed Mr. Ballard that the City borrows money to make working capital available
because money is not collected at the same rate, but that there are receivables
on the books to take care of the loans, and when the money is collected the loans
can be paid.
r ✓ ORDINANCE NO. 2492
1,
AN ORDINANCL PROVIDING FOR A TEMPORARY LOAN IN THE AMOUNT OF THREE
HUNDRED FIFTY THOUSAND ($350,000.) DOLLARS.
Moved by Alderman Schenk that Ordinance No. 2492 be passed.
Motion seconded by Alderman Taylor, and carried by the following vote:
Ayes: Mayor Bill, Aldermen Taylor, Davis, Darner, Kruger, and Schenk
Nays: None (Alderman Wills abstained from voting).
✓ Item 5
A proposed ordinance was presented closing portions of Hudson, Lafayette, and
Revere Avenues from Colquitt Road west to the alley.
✓ ORDINANCE NO. 2493
A1'4 ORDINANCE CLOSING AND ABANDONINGTHOSE PORTIONS OF HUDSON AVENUE,
LAFAYETTE AVENUE AND REVLRL AVENUE FROM COLQUITT ROAD WEST TO THE
ALLEY AND RESERVING UTILITY EASEMENTS.
Moved by Alderman Schenk that Ordinance No. 2493 be passed.
Motion seconded by Alderman Darner, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk
Nays: done — — — — — — — — —
1383
Item 6a
A proposed resolution was presented authorizing the city manager to execute a
contract with the Corps of Engineers for leasing a building at Lake hemp for office
space during construction of the dam.
✓ ! RESOLUTION NO. 917
WIILREAS, the City of Wichita Falls and Wichita County Improvement District
No. 2 have acquired certain property, called Skiweista, at Lake Kemp, for the pur-
pose of controlling the area necessary for the construction of the reconstructed
dam and outlet works, and,
WVHLRLAS, the City of Wichita Falls and Wichita County Improvement District
No. 2 have, in a preliminary meeting, agreed to lease one building and adjacent
parking area to the Corps of U.S. Army Engineers for their use during the reconstruct-
ion of the dam, spillway and outlet work, and,
WURLAS, the Corps of Engineers, have submitted a proposed preliminary contract
which is not entirely satisfactory but acceptable, and,
W111".LAS, certain changes in the contract to make it more satisfactory have teen
discussed with the Corps of Engineers but have not been approved.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDLIUILN OF THE CITY OF
WICIIITA FALLS, TEXAS, THAT:
SECTION NO. 1 The City Manager is hereby authorized to execute the proposed
contract at the preliminary rate offered of $3,000 per year but preferably at an
increased rate if such can be justified with the Corps of. Engineers.
Moved by Alderman Taylor that Resolution No. 917 be passed.
Motion seconded by Alderman Kruger, and carried by the following vote:
Ayes: Aldermen hills, Taylor, Davis, Darner, Kruger, and Schenk
Nays: None
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Item 6b
j A proposed resolution was presented authorizing a right-of-way easement for F.M.
2606 on the east side of Lake Arrowhead across city land.
RESOLUTION NO. 918
WHEREAS, it is necessary to provide the property hereinafter described for
construction of F.1,1. 2606 from the bridge on the Last side of Lake Arrowhead to a
connection with F.M. 2847 in accordance with Texas State Highway Department Minute
Order No. 60362 and City of Wichita Falls Resolution 775, and,
WHEREAS, such property has been acquired from John Glen Iialsell by the City
of Wichita Falls for Lake Arrowhead.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA PALLS, TEXAS, THXI':
SECTION NO. 1 'The property to be transferred as an easement to the Texas
Iiighway Department for occupation of F.M. 2606 is approximately fi 11 acres across
the John Glen Halsell land.
SECTION NO. 2 Transfer of the easement to the 'Texas Highway Department as
listed in Section No. 1 is approved and the City planager is hereby authorized to
execute the necessary easement.
Moved by Alderman Kruger that Resolution No. 918 be passed.
Motion seconded by Alderman Wills, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk
Nays: None
Item 6c
A proposed resolution was presented authorizing proposals to property owners
on Kell Freeway.
1384
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Item 6c cont'd.
t, RESOLUTION NO. 919
WHEREAS, it is necessary to acquire the property hereinafter described for
construction of the listed projects in the 1967 Capital Improvements Program, 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 THL CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION NO. 1 The projects and properties to be purchased by Warranty Deed
are as follows:
Kell Freeway - Project 52-071
Property
N 80' of Lot 1, Mytinger & Walker S/D
of Lots 5, 6, 7, $ 8 of Block B, Wyatt's
Southside Addition
N 80' of Lot 2, Mytinger $ Walker S/D
of Lots 5, 6, 7, & 8, Block B, Wyatt's
Southside Addition
N 80' of Lot 3, Mytinger & Walker S/D
of Lots S. 6, 7, 18, Block B, Wyatt's
Southside Addition
N 80' of Lot 4, Mytinger & Walker S/D
of Lots 5, 6, 7, $ 8, Block B, Wyatt's
Southside Addition
N 80' of Lot 5, I-Iytinger 4 Walker S/D
of Lots S. 6, 7 & 8, Block B, Wyatt's
Southside Addition
N 80' of Lot 4, Block B, Wyatt's
Southside Addition
Lot 14, Block 46, Southland
Addition
Lot 4, Block 47, Southland Addition
Lot 20 Block 63, Southland Addition
Lot 2, Block 66, Southland Addition
Lot 7, Block 1, First H. W. Spivey
Addition
Lot 10, Block 1, First Ii. W. Spivey
Addition
W 75' of Lot 8, Block 2, First H. W.
Spivey Addition
Lot 10, Block 2, First H. W. Spivey
Addition
Lot 4, Block 5, First Ii. W. Spivey
Addition
M 45' of Lots 18, 19, t 20, Block
23, I. Jalonic Addition
Combined total of values approved in this resolution - $102,710.00
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
1385
Item 6c cont'd.
Department, by Warranty Deed, such tracts of land 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.
SLCTIUN 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. 919 be passed.
P•lotion seconded by Alderman Davis, and carried by the following vote:
Ayes: Aldermen Bills, Taylor, Davis, Darner, Kruger, and Schenk.
Nays: None
Item 7
4 ,
John J. Roark, Director of Public Works, recommended award of the contract for
1969 slurry seal program to Jimmie Foster Construction Company on their low bid of
-,19$370.00.
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,'. Moved by Alderman Darner that the contract for slurry seal be awarded as
recommended.
611otion seconded by Alderman Taylor, and carried unanimously.
Item 8
Permission was requested by Ben Shelton, Director of General Services to advert-
ise for bids for the following chemicals required by the Health Unit.
a. 75,000 - 100,000 lbs. BIiC Dust
b. 110 - 550 gallons DDT 2 Lmulsive XB
C. 110 - 550 gallons Malathion
d. 12 - 40 gallons ABATL 4L
Moved by Alderman Schenk that authority be granted to advertise for bids for
chemicals required by the health Unit.
Motion seconded by Alderman Darner, and carried unanimously.
Item 9
Moved by Alderman Kruger that minutes of the meeting of the Plumbing Advisory
board held March 5, 1969, be received.
Motion seconded by Alderman mills, and carried unanimously.
1� Items 10
Moved by Alderman Wills that water reimbursement contract payments in the
amount of �1,097.53, and sewer reimbursement contract payments in the amount of
�402.93 be approved in a total amount of ; 1,500.46, as follows.
Meadow Lake Company, water, Meadow Lake Addition, Section C, from
February 28, 1968, to February 28, 1969; �379.26
Iawkeye Development Company, hater, Section C, Loch Lomond Addition,
from February 9, 1968, to February 9, 1969; $718.27
Douglas Lefall and L. R. Bloodworth, Sewer, Lefall heights Addition,
from February 8, 1968, to February 8, 1969; �108.55.
Hawkeye Development Company, Sewer, Section C. Loch Lomond Addition,
from February 9, 1968 to February 9, 1969; $190.16
Meadow Lake Company, Sewer, Meadow Lake Addition, Section C, from
February 28, 1968, to February 28, 1969; $104.22
1380
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Item 10 cont'd.
motion seconded by Alderman Kruger, and carried unanimously.
Item lla
Moved by Alderman Wills that the following named persons be appointed to the
human Relations Commission, with terms to expire December 31, 1971.
a. Airs. Leander McAllister (reappointed)
b. Otis Polk (reappointed)
c. Walter Underwood (appointed to replace Rhea Howard)
d. Charles V. Keener (appointed presumably to replace Airs. Frank hood)
Motion seconded by Alderman Taylor, and carried unanimously.
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Item llb
Discussion was again held on a proposal to amend the Fire Prevention Code,
t Section 15-15.
i "
Paul Yeager, Director of Public Safety, gave the following previously requested
information on dates of passage of ordinances in various cities.
Dallas - April 1, 1968
Fort Korth - October 2, 1967
Austin - February 17, 1966
Waco - February 2, 1965
Houston - August 17, 1966
San,Antonio - October 1964
Amarillo - June 6, 1950
Information on whether some states prohibit this type of operation was not
available from the American Insurance Association or Fire Prevention Bureau; however,
lie obtained it from a Business Studies published in the fall of 1968 from ,'worth
Texas State University. Following is the information received:
a. 24 states prohibit installation of this type of equipment.
b. 10 states have not established regulations, but have left such regulations
to local governments.
c. 11 states permit installation, and have regulations that all such installation
must be supervised by a service station employee.
d. 6 states have laws which permit installation, and have regulations which
include and comply with guidelines set forth by the National Fire
Protection Association.
Mr. Yeager also stated that the American Insurance Association has not approved
self-service stations, but has only established safety regulations for all service
station operations. lie explained that it is hard to argue with a one hundred percent
safe record; however, they desire to maintain it, and to continue this safe practice
it is felt that an attendant should be on duty in these self-service stations.
Alderman Kruger inquired if some of these accidents could happen at other service
stations also, and Mr. Yeager replied that they could. It was his opinion that an
operation without an attendant is more dangerous than one with an attendant. lie
stated that Fort Worth is the only city who had self service stations prior to adoption
of the ordinance.
Clyde Fillmore, Attorney, stated lie had written for copies of these ordinances,
but had only heard from Dallas and Austin. lie stated that in Austin the original
ordinance was passed in 1960, but amended in 1966 to permit this type of service
station with an attendant in the immediate vicinity.
A. J. Cannady appeared as operator of the Dapper Dan Service Station and Cleaners
on Kemp. lie stated that one girl takes care of the dry cleaning, and one takes care
of the gas pumps. lie further stated that switches are close at hand, and can be
shut off if necessary. Also, that their pumps are immediately in front of the
counter, and that they have automatic nozzles. lie stated that he feels their service
station is as safe as any other; that a self service station can be safely operated
with proper supervision.
Moved by Alderman Davis that Mr. Yeager be commended on his campaign for safe
practices, and that the suggested ordinance be tables and an enforcement campaign be
initiated of our existing ordinance, and that it be directed toward any service station
of any type.
1387
Item llb cont'd.
Motion seconded by Alderman 'Taylor, and carried unanimously.
Alderman Darner suggested that perhaps the switch might be shut off at all times
except when gas was being dispensed. A "line of site" and immediate area" study was
requested by the Council.
Item 12
_ City Manager Gerald Fox recommended adjustments in values for certain tracts
necessary for construction of F.M. 1954.
RESOLUTION NO. 920
Y � S
LvhLRLAS, on February 18th, 1969 the Board of Aldermen adopted Resolution No.
905, wherein they approved the appraised values of certain tracts of land necessary
for the construction of F.M. 1954 from U.S. 281 to Lake Arrowhead in accordance with
Texas State highway Department Minute Order No. 60362; and,
WHEREAS, two of these tracts, being those owned by W. M. McGregor, Jr. and C. J.
6ohner, et al, have been re-appraised, and the values of said tracts have been
adjusted.
NOW, THEREFORE, BL: IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OI
WICHITA FALLS, TEXAS, TIiAT:
SECTION NO. 1 It is necessary, for the construction of F.H. 1954, that the
City acquire the fee simple title to that certain 7.85 acre tract of land owned by
A. M. McGregor, Jr. and that certain 20.78 acre tract of land owned by C. J. Bohner,
et al, such tracts being shown on the Texas Highway Department Plans and Right-of-
Way Map.
SECTION NO. 2 The adjusted values of said tracts, which total $12,178.00 are
shown in a memorandum dated March 18, 1969 from John P. Ruhmann, Director of Later
Development, to Gerald Fox, City Manager, a copy of which is on file in the office
of the Director of Water Development. Such adjusted values are hereby approved, and
the City Manager is hereby authorized to purchase by Warranty Deed such tracts for prices
equal to such adjusted values.
SECTION NO. 3 In the event the City danager is unable to purchase such tracts
for such adjusted values, he is hereby authorized and directed to cause to be insti-
tuted condemnation proceedings to obtain such tracts.
Gloved by Alderman Schenk that Resolution No. 920 be passed.
Motion seconded by Alderman Dills, and carried by the following vote:
Ayes: Aldermen mills, Taylor, Davis, Darner, Kruger and Schenk
Nays: None
Item 13
A proposed resolution was presented authorizing proposals to property owners on
Archer-Hamilton-hampstead (Midwestern Parkway).
i
✓ J Jv RESOLUTION NO. 921
WhLREAS, it is necessary to acquire the property hereinafter described for constr-
uction of the listed projects in the 1967 Capital Improvements Program, and,
WIiLRLAS, such property has been appraised by an independent appraiser employed
for this purpose by the City, and the amount of the appraisal has been studied by
the Board of Aldermen, and is now in the possession of the Director of Public Works.
NOL1, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION NO. 1 The projects and properties are as follows:
;Midwestern Parkway, Project 52-074
(Archer-Eamilton-Hampstead)
1388
Item 13 cont'd.
i
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Property
I
i
I part of Lot 2, Block 1,
Park place Re-subdivision
Part of Lots 3, 4, & 25'
of Lot 5, Block 1, Park
Place Re-subdivision
j Part of Lot 2, Block 21,
Park Place Re-subsivision
Part of Lot 30 Block 2,
Park Place Re-subdivision
Part of Lot 4, Block 2,
Park Place Re-subdivision
Part of Lot 5, Block 2,
Park Place Re-subdivision
Combined total of new appraisals approved in this - �2,655.00
ShCI'ION NO. 2 The appraised value of such properties are hereby approved and
the City Manager is hereby authorized to purchase, by Warranty Deed, such tracts of
land as shown on the project right-of-way map. The authorized price to be paid
for each tract is the appraised value as determined by the independent real eatate
appraiser employed by the City.
SECTION NO. 3 In the event the City Manager is unable to purchace any such tract
or tracts for such appraised values, lie is hereby authorized and directed to cause
to be instituted condemnation proceedings to obtain such tracts.
Moved by Alderman Wills that Resolution No. 921 be passed.
Motion seconded by Alderman Kruger, and carried by the following vote:
Ayes: Aldermen Wills, Taylor, Davis, Darner, Kruger, and Schenk
Nays: None
Mayor Bill recommended appointment of Dr. Robert Campbell to the Human Relations
Commission. (This appointment would presumably replace Mr. Frank Ebner, with term to
expire December 31, 1971) .
Moved by Alderman Kruger that the appointment of Dr. Campbell be approved.
Motion seconded by Alderman Wills, and carried unanimously.
It was moved by Mayor Bill that tribute be paid to our Boys' Club boxing team
for recognition brought to our city by a state championship, and that the City
Attorney prepare and forward a resolution to them.
Motion seconded by Alderman Wills, and carried unanimously.
Alderman Taylor called attention to the fact that Alderman Davis had chosen not
to seek re-election, and moved that the City Attorney prepare a resolution of commend-
ation for him and present it at the next council meeting for action.
Motion seconded by Alderman Darner, and carried unanimously.
Jack Ballard again appeared in regard to the city's retirement plan, stating this
is the reason employees are leaving. lie stated we should have a revolving plan and
more fringe benefits. lie also proposed free parking for hospital visitors, and ment-
ioned the unsanitary sewers in the city, as well as requesting concrete abuttment
under bridges on Cottonwood Street, or that they be de- +nnexed.
Alma iMitcliell, 1201 Smith Street, stated she had not been raid for her property
that was purchased for Flood Street drainage. She requested an appointment with �ir.
Fox, and Ire stated lie would see her after the
1sSJ '
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J Tom Fairclough 507 l;orth Lamar, appeared eared as president of the I ichita Palls
chapter of NAACP, inquiring if there were any plans to change the name of an old
Lastside Drive, which is inaaiediately south of the new Lastside Drive. Clifford
Franklin, uirector of Planning and Traffic, explained that the old Lastside Drive
was not a dedicated street; therefore, the Planning Board recoiuiended that it be
changed to reach Street.
i,ioved by Alderman Kruger that the u�eeti.ng be adjourned.
:lotion seconded by Alderman Wills, and carried unaniriously .
lhe Board of Aldermen adjourned at 4:10
PASSLD AND AI-'PRUVLD this _ � uay of 1J6J.
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^Iayor
ATTLST:
laity Clerk