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Min 12/23/1960 247 Agenda No. Wichita Falls, Texas Memorial Auditorium Building December 23, 1960 The Board of Aldermen of the City of Wichita Falls, Texas, met in a special called session on the above date, in the Council Room of the Memorial Auditorium Building, at 4:00 otclock P.M., with the following members present: Kenneth Johnson Mayor J. R. Ray Alderman Roger E. Thoes Alderman Dr. Al T. Witcher Alderman Joe Bailey Meissner, Jr. Alderman Mrs. H. P. Ledford Alderman C. J. Griggs City Manager Frank Gibson City Attorney A. L. Fitts City Clerk The Mayor called the meeting to order and stated that this was a special called session and that only those matters listed on the agenda would be considered. 1 ORDINANCE NO. 1939 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ,"ANNEXING CERTAIN LANDS ADJACENT TO THE SOUTHEASTERN TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Ordinance No. 1939 having been introduced on the 12th day of December, 1960, and having been published in a newspaper December 15, 1960, Alderman Thoes moved that Ordinance No. 1939 be passed and approved. Alderman Witcher seconded the motion and Ordinance No. 1939 was approved by the following vote: YEAS: Aldermen Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None. 2 A letter was read from the Plumbing Advisory Board with reference to exceptions being made in the installation of plastic pipe and fittings for the Rider Senior High School. Moved by Alderman Meissner and seconded by Alderman Ledford that the recommendation of the Plumbing Advisory Board be accepted and that Wichita Falls Independent School District be allowed to install PVC Pipe and Fittings for the acid waste drain and vent pipe as requested. `The motion was carried by the following vote: YEAS: Aldermen Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None. 3. A bid summary for the paving of Norman Street was presented by the City Engineer, with the recommendation that R. 0. Green Construction Company be awarded the bid on his bid of $32,416.98. Alderman Ledford moved that R. 0. Green be awarded the bid on his price of ,,$32,416.98, as it was the lowest and best bid. Alderman Thoes seconded the motion. The motion carried by the following vote: YEAS: Aldermen Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None. 4 Mr. Ruby presented a request for permission to construct a driveway entrance at 1202 Eighth Street, which is eight feet wider than the ordinance allows for a fifty foot lot. The City Engineer approved this request. Moved by Alderman Thoes and seconded by Alderman Ray that permission be granted for construction of the proposed driveway. The property owner will defray the expense of moving one street light pole and no parking will be permitted on the ramp between the curia line and the sidewalk. The motion carried by the following vote: YEAS: Alderman Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None. 248 Agenda No. RESOLUTION NO. 437 5 A RESOLUTION ADOPTING THE TERMS OF ARTICLE 4436a-1 OF VERNON?S ANNOTATED CIVIL STATUTES; AUTHORIZING THE CREATION OF A CITY-COUNTY BOARD OF HEALTH CONSISTING OF SEVEN (7) MEMBERS WHICH BOARD OF HEALTH SHALL HAVE THE DUTY OF DIRECTING AND SUPERVISING OF WICHITA CITY-COUNTY HEALTH UNIT. w , WHEREAS, the City of Wichita Falls and Wir- Nita County have heretofore been operating jointly the Wichita Falls City-County Health Unit, and WHEREAS, the City of Wichita Falls and the County of Wichita desire to create a Board of Health under the provisions of Article 4436a-1 of Vernon?s Annotated Civil Statutes to better manage said Health Unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: Section 1. THAT, the provisions of Article 4436a-1 of Vernonfs Annotated Civil Statutes, which reads as follows: "Article 4436a-1. City-County Health Units in counties containing incorporated city "Cooperation by Commissioners Court and City Council "Section 1. In any county containing an incorporated city the Commissioners Court and the City Council of such county and city by a suitable order of each of said bodies duly entered on the minutes of the Commissioners Court and City Council may co-operate in forming a City-county Health Unit and combine health units of each political subdivision for such purpose and appropriate such funds by each of said governing bodies as mAy be agreed upon by the two said governing bodies to the combined health unit in such proportion as may be agreed upon between said Commissioners Court and said City Council. Where any City-County Health Unit has been heretofore established and the population of the city participating in said health unit has exceeded one hundred and twenty thousand (120,000) according to the 1950 federal census, the joint operation of such health unit between the date of the 1950 census and the effective date of this Act is hereby validated. As amended Acts 1957, 55th Leg. p. 186, ch. 84. "City-County Board of Health: appointment; qualifications; term of office "Section 2. Said Health Unit shall be under the direction and supervision of the City-County Board of Health, which shall consist of seven (7) members, resident citizens of the county, who shall have resided in said county for a period of more than three (3) years next preceding the time of their appointment. All of such members shall be appointed by the joint action of the Commissioners Court and the City Council. Three (3) of the members shall be legally qualified, licensed, and practicing physicians, and shall be approved by the Medical Society of the county; one of the members shall be a qualified, licensed, and practicing dentist, and shall be of by the Dental Society of the county, all members shall serve without compensation. Of the first members of said Board, four (4) shall serve for a period of one (1) year and three (3) for a period of two (2) years, and thereafter, appoint- ments shall be for a period of two (2) years, except those appointees who fill the un-expired term of some member. All vacancies caused by the expiration of a term, death, resignation, or removal of members shall be filled by the appointing bodies as above prescribed. No member shall be removed from office except for neglect of duty, incompetence, malfeasance, or conviction of a felony, and then only after notice of the charge Made and a full hearing before the appointing bodies with the right of the member removed to appeal to the Courts and have a trial de novo, provided, however, that if any member misses any three (3) consecutive regular meetings without being excused by the Board as a whole, the Board shall declare a vacancy and notify the appointing authority of such fact, so that same may be filled. The Board shall make such rules and regulations for the proper conduct of its duties as it shall find necessary and expedient, and shall possess full supervisory powers over the public health of the county and over the functioning and personnel of the City-County Health functioning and personnel of the City-County Health Unit, and shall be authorized to make any and all such rules and regulations not in conflict with the ordinances of the city and laws of the State, as they may deem best to promote and preserve the health of the county. All matters of public health involving the expenditure of public funds shall be submitted to the Board for its study and recommendations before final action is taken thereon by the City Council and Commissioners Court. 249 Agenda No. 5 con?t. ''Budget "Section 3. Prior to preparation of the budget by the City Council and the Commissioners Court, for the operation of the City-County Health Unit, recommendation shall be obtained from the Board with regard thereto and after the budget has been fixed, the Board shall have the same power of transferring funds from item to item as is possessed by the City Council and Commissioners Court over budgets of city and county. "Managing directors; appointment and removal "Section 4. A director shall be appointed to actively manage the operation of the Health Unit under the supervision of the City-County Board of Health. Said director shall be appointed jointly by the Commissioners Court and the City Council, subject to the approval of the City-County Board of Health. The director may be removed at will by the appointing authorities. Likewise, the director may be removed by the City-County Board of Health, provided that such action shall be subject to review by the appointing authorities, and if requested by the director, a hearing will be had before the appointing authorities to pass upon the action of the Board in removing said director, and said appointing authorities may reinstate said director. No County Health Officer and no City Health Officer shall be appointed in any such health unit. "Employees; salaries "Section 5. The Commissioners Court and the City Council shall determine the number of employees to constitute the Health Unit and shall fix the salaries of such employees, provided however, that prior to eliminating any or creating any such position in said Unit or to fixing or changing any salary of any employee thereof, the Commissioners Court and City Council shall request recommendation from the City-County Board of Health with regard thereto, although such recommendation shall not be binding on such bodies. Salaries of said employees being once fixed, no increase or decrease shall become effective without approval of the Board of Health, provided further, however, that nothing herein shall prevent the Commissioners Court and City Council, for reason of economy, in eliminating any position or in generally decreasing the salaries. All employees of the Health Unit, other than the director as hereinabove set out, shall be appointed and may be discharged or suspended without pay by the director, subject to the approval of the Board of Health and of the Commissioners Court and City Council. "Duration of existence of unit "Section 6. After the City Council and Commissioners Court have, by resolution, determined to create a City-County Health Unit under the terms of this Act, said Unit shall remain in existence for at least a period of two (2) years, during which time said Commissioners Corr t and City Council shall be without authority to abolish said Unit, but at the end of every two-year period, said respective bodies shall determine, by resolution, whether said Unit shall be continued as a City-County Health Unit or shall be operated separately as now provided by law. "Co-operation with other counties "Section 7. Any City-County Health Unit created under this Act, having determined by resolution in joint action of the Commissioners Court and City Council that it is to the best interest of the county and city to co-operate with one or more counties having a population of not more than fifteen thousand (15,000) inhabitants in the operation of a Health Unit, may co-operate with such county or counties under such arrangement as may be entered into between the City Council and the Commissioners Court of said City-County Health Unit and the Commissioners Court of said county or counties. Any county having a population of not more than fifteen thousand (15,000) inhabitants which desire to co-operate with any City- County Health Unit created under the terms of this Act, may, through action of its Commissioners Court, co-operate with said City-County Health Unit as provided in this section. Acts 1939, 46th Leg. Spec. L. p. 844." -are hereby adopted and the office of the City-County Board of Health is hereby created. Section 2. In compliance with Section 2 of Article 4436a-1, the City of Wichita Falls and the County of Wichita jointly appoint the following seven (7) members to the Board of Health; R. L. Daily, M. D. (Wichita Falls) Joseph Janeke, L. L. B. (Burkburnett) William Rector, M. D. (Wichita Falls) Arch Hughes (Iowa Park) P. F. Richardson, D. D. S. (Electra) Aubrey Cox, M. D. (Wichita Falls) Dan Roberts, D. V. M. (Wichita Falls) 250 Agenda No. Of said seven (7) members the first three (3), to wit: R. L. Daily, M. D., Joseph Janeke, L. L. B., 5 contd. and William Rector, M. D. shall serve for a term of two (2) years and the remaining four (4) members shall serve a term of one (1) year. The appointments shall be effective the first of January, 1961, and each year on January lst, new appointments shall be made. Moved by Alderman Witcher that Resolution No. 437 be passed and approved. Seconded by Alderman Ledford. The motion carried by the following vote: AYES: Aldermen Ray, Thoes, Witcher, Meissner, Ledford, and Mayor Johnson. Nays: None Moved by Alderman Thoes and seconded by Alderman Witcher that the minutes of the 6 Traffic Commission Meeting held December 13, 1960, be received. The motion carried by the following vote: AYES: Alderman Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None. Mayor Johnson appointed the following new members to the Traffic Commission for two 7 year terms to expire 12/31/62s Mr. Eddy Joseph Mr. M. H. Mike Dice Moved by Alderman Ray to approve the appointments, seconded by Alderman Ledford and the motion carried by the following vote: AYES: Aldermen Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None. Moved by Alderman Meissner and seconded by Alderman Witcher that payments on S Reimbursement' Contracts for the following be paid: To Best Building Corporation $666.97, due 12-17-60, on water mains in Sikes Estates Addn. Best Building Corporation 435- 2, due 12-17-60, on sewer mains in Sikes Estates Addn. The motion carried by the following vote: AYES: Aldermen Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None Moved by Alderman Witcher that the Mayor arrange for a meeting with the Welfare Board, 9 County 6 r, Commissioners Court, City Council to discuss the handling of and reorganization of the City-County Welfare Board. Seconded by Alderman Meissner, and the motion carried by the following vote: AYES: Aldermen Ray, Thoes, Witcher, Meissner, Ledford. NAYS: None. Moved by Alderman Meissner that the City Attorney be instructed to draw up a resolution 10 commending the Wichita Falls Coyotes on their achievement in getting to the State Finals Class 4 A Football. Seconded by Alderman Witcher and carried by the following vote: AYES: Rldermen Ray, Thoes, Witcher, Meissner, and Ledford. NAYS: None. RESOLUTION NO. 4 WHEREAS, the 1960 Wichita Falls Coyote Football Team, through determined effort of x both the players and the coaches, reached the state finals in Class 4A Football, and WHEREAS, this achievement was made despite the fact that the team was short on experience and out-weighed in practically every game, and Agenda No. 251 10 conttd. WHEREAS, the fine showing of this team is a credit both to themselves, their coaches, and the City of Wichita Falls, NOW, THEI:EFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS TEXAS: 1) THAT the City of Wichita Falls acting by and through its Board of Aldermen does hereby extend its congratulations and feeling of appreciation to the 1960 Coyote Team for representing this area so ably by reaching the State Finals of Class 4 A Football. 2) THAT a copy of this resolution be presented to the football team through Mr. 0. T. Freeman, Principal of Wichita Falls Senior High School. PASSED AND APPROVED THIS 23rd day of December, A.D. 1960. Moved by Alderman Meissner that the Resolution be adopted and was seconded by Alderman Witcher. The motion carried by the following vote: AYES: Aldermen Ray, Thoes, Witcher, Meissner, and Ledford. NAYS: None. 11 The Mayor congratulated the members of the different improvement associations on their participation in the improvement programs for the City of Wichita Falls and thanked them for their endeavors. Mr. John Eckert responded and congratulated the City Council on the fine job they have done in the past year. 12 Moved by Alderman Witcher that the Council be adjourned, seconded by Alderman Meissner. The motion carried by the following vote. AYES: Aldermen Ray, Thoes, Witcher, Meissner, and Ledford. NAYS: None. The Board of Aldermen then adjourned at 4:25 ltclock P.M. APPROVED this the day of _196 0 1 or ATTEST: City Clerk