Min 09/10/1962 448
Wichita Falls, Texas
Memorial Auditorium Building
September 10, 1962
Item 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 7:00 otclock
P.M., with the following members present:
John J. Gavin Mayor
J. Winston Wallander
Dr. D. Clifford Burross
0. D. McBride Aldermen
Dr. Al T. Witcher
Roy V. (Pete) Claytor
Don Wade
C. J. Griggs City Manager
H. P. Hodge, Jr. City Attorney
A. L. Fitts City Clerk
The meeting was called to order by Mayor John J. Gavin.
The Invocation was given by Alderman Wallander.
3 Moved by Alderman Witcher that the minutes of the regular meeting held July 23, 1962,
be approved.
Motion seconded by Alderman Burross and carried unanimously.
4 After a statement read by Mayor Gavin, action concerning Item # 4 was passed until
a report and recommendation from Dr. Aubrey Cox, Acting Health Director, could be received;
also future study by the Council as a whole and a meeting with representatives of the milk
industry could be arranged to discuss and ascertain the feeling of the local representatives
of the milk industry.
5 Dr. Aubrey Cox, Acting Health Director, presented a proposed ordinance regulating
food service sanitation and the incorporation of the 1962 Edition of the U.S. Public Health
service food sanitation service code.
ORDINANCE NO. 1993
AN ORDINANCE DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, ADULTERATED, MISBRANDED, FOOD-SERVICE
ESTABLISHMENT, TEMPORARY FOOD-SERVICE ESTABLISHMENT, HEALTH AUTHORITY, UTENSILS, EQUIPMENT,
ETC.; PROVIDING FOR THE SALE OF ONLY UNADULTERATED, WHOLESOME, PROPERLY BRANDED FOOD;
REGULATING THE SOURCES OF FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD PROTECTION,
FOOD-SERVICE PERSONNEL, FOOD-SERVICE OPERATIONS, FOOD EQUIPMENT AND UTENSILS, SANITARY
FACILITIES AND CONTROLS, AND OTHER FACILITIES; REQUIRING PERMITS FOR THE OPERATION OF FOOD-
SERVICE ESTABLISHMENTS: REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR
THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR INCORPORATION BY REFERENCE OF THE
1962 EDITION OF THE "UNITED STATES PUBLIC HEALTH SERVICE FOOD SERVICE SANITATION ORDINANCE
AND CODE"$ AND PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES.
Moved by Alderman Burross that Ordinance No. 1993 be passed and approved.
Motion seconded by Alderman Witcher and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade.
Nays: None.
5a, Mayor Gavin asked Dr. Cox for a statement on the flooding conditions with reference
to contamination in the various critical areas along the Holliday Creek water shed. Dr. Cox
gave a resume of the progress of the survey and the probable date of completion;.
6 A summary of the bids on .47 acre of land bounded by FM 369 and Lake Park Drive
were read. By consent of the Council as a whole, the summary was turned over to City Manager,
C. J. Griggs, with recommendation that he negotiate to see if a higher bid could be obtained
and report back to the Council at its next regular meeting September 24, 1962.
449
Item No.
Alderman Witcher moved that the low bid of John's Tractor Co. (Massey-Ferguson) 7
in the amount of $6,368.00 be accepted for a tractor with mower and a tractor mower with
r
front end loader for the street department.
Motion seconded by Alderman Claytor and carried unanimously.
Moved by Alderman Burross that the low bid of Morris Plumbing Co. in the amount
of $8,287.08, for the construction of sanitary sewers on Harding St. from Williams St.
Eastward approximately 700 feet be accepted and the Morris Plumbing Co. be awarded a con- G.
tract to construct the same.
Motion seconded by Alderman Wade and carried unanimously.
Moved by Alderman Burross that the minutes of the Wichita Falls Park Board 9
meeting held September 6, 1962, and the minutes of the meeting held August 30, 1962, be
received and accepted.
Motion seconded by Alderman Claytor and carried unanimously.
Alderman Witcher suggested that a revision on the acquiring of park land be 9a
worked out by the Park Board and Planning Board. The City Manager was requested to set
up meetings for the Boards.
10
Moved by Alderman Witcher that the minutes of the Planning Board meeting held
August 15, 1962, be received and accepted.
Motion seconded by Alderman Wade and carried.
Dr. Burross commented on the efforts being made to hire a Planning Engineer and
suggested that the recommendations under Item #5 be studied.
11
Moved by Alderman Witcher that the final plat of East Eden Hills, Section B,
be approved.
Motion seconded by Alderman McBride and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade.
Nays: None
12
The minutes of the Traffic Commission meeting held August 24, 1962, were pre-
sented and read. Alderman Wallander commented on a parking problem in the downtown area
and moved that the recommendations of the Traffic Commission along with the minutes be
approved.
Motion seconded by Alderman Witcher and carried unanimously.
Moved by Alderman McBride that the Thomas Fowler Legion Post be authorized and 13
permitted to trade tracts of land at or near the north shore of Lake Wichita with the
Graves heirs in order to carry out the boundary agreement dated May 31, 1951, recorded in
Volume 554, Page 443, Wichita County Deed Records; further, that the tract to be conveyed
by the Thomas Fowler Post to the Graves heirs be free of all restrictions and possibility
of reverter contained in the deed to the Thomas Fowler Post which was authorized by the
Board of Aldermen of Wichita Falls on January 25, 1960, in consideration for which such
restrictions and possibility of reverter shall attach to the tract to be conveyed by the
Graves heirs to the Thomas Fowler Post of the American Legion. ,
Motion seconded by Alderman Wade and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor, and Wade.
Nays: None
45
Item No.
�4 ORDINANCE NO. 1991
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING
CERTAIN LANDS ADJACENT TO THE SOUTH EASTERN TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS,
TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. (KROTTINGER SUBDIVISION) .
Moved by Alderman Burross that Ordinance No. 1991 be passed and approved.
Motion seconded by Alderman Claytor and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor, and Wade.
Nays: None
15 ORDINANCE NO. 1994
AN ORDINANCE AMENDING SECTION IX, ART. 3 OF ORDINANCE NO. 1688 (THE WICHITA FALLS PLUMBING
CODE), WHICH WAS AMENDED BY SECTION 2 OF ORDINANCE NO. 1978, BY DELETING THE WORDS "DEEP
SEAL", AND DECLARING AN EMERGENCY.
Moved by Alderman Wallander that Ordinance No. 1994 be passed and approved.
Motion seconded by Alderman Claytor and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor, and Wade.
Nays: None.
16 Director of Public Works, R. T. Gregory, reported on the need for new revisions
of the trailer park ordinance and discussed the many problems incident to the enforcement
of the present ordinance and building code. Mayor Gavin joined by Alderman Burross discussed
the effect this would have on military personnel; also the future effect on the East side.
Mr. Gregory agreed that further study needed to be made concerning this problem. It was
recommended that this item be passed for further study.
17 Moved by Alderman Claytor that the City Manager be authorized to execute a quit-
claim deed to the State of Texas for the alley between E. Scott Street and Virginia Street,
and blocks 13 and 14 of the J. A. Kemp subdivision.
Motion was seconded by Alderman Burross and carried by the following vote:
f Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor, and Wade.
Nays: None.
1$* Moved by Alderman Witcher that the bill from Wichita General Hospital for the
care of indigent patients for the month of July, in the amount of $7,545•89, be allowed
and ordered paid.
Motion seconded by Alderman Claytor and carried.
19 Moved by Alderman Burross that the following payments on Water and Sewer
Reimbursement Contracts be allowed and ordered paid:
Hughes Development Co., sewer in Faith Village Unit #4 $1,385.80
Hill & Moore, sewer for Christine Rd. in Hursh Addn. 93.17
Hamilton Invest Co., sewer in 2nd Sect 7th Sup Addn C C Est 96.33
Harold M. Davis, et al, sewer in Marlow Addn. 137.25
Hawkeye Dev. Co., sewer in Sect B, Loch Lomond Addn. 285.64
Tanglewood Dev. Co., water in Tanglewood Addn, Sect 1-A 102.19
W.B. Hamilton Invest Co.,water in 7th Sup Addn C C Sect 1 1,433.98
C. L. Rogers, water in Blk 1 & 2, Riviera Parkway 475.25
Sunnyside Develop Co., water in Sunnyside Hts Addn Sec B 362.52
Joe R. Farabee, sewer in Farabee Addn 56.78
University Park Corp, water in Univ. Park Addn. 6,979.45
Motion seconded by Alderman McBride and carried.
20 Moved by Alderman Wade that the following tax adjustments as evidenced by recaps
No. 431-678 resulting in a loss of $1,149.23 in current auto taxes be approved on re-
commendation of Robert 0. Winters, Tax Assessor and Collector.
Motion seconded by Alderman Burross and carried unanimously.
45-
Item No.
Moved by Alderman Burross that on the recommendation of the City Tax Assessor 21
and Collector the following adjustments on delinquent taxes of Mrs. Alma Smith, 1909 Collins,
Lot 5, Block 38, be adjusted and that the City accept a settlement of $650.00. This being
the amount of taxes due less penalties and interest for all taxing bodies, City, School,
and college.
Motion seconded by Alderman McBride and carried unanimously.
RESOLUTION NO. 495 22
WHEREAS, the City National Bank of Wichita Falls, Texas, has deposited in trust
with the First National Bank in Dallas, Texas, among other securities, Nine Hundred Thousand
Dollars ($900,000.00) in U.S. Treasury 22 PerCent Bonds of 8-15-63, as security for the
account of the City of Wichita Falls, Texas, as evidenced by First National Bank in Dallas,
Receipt No. A 26183, as hereinafter set forth:
Receipt No. A 26183, $900,000.00 U. . 21 Treasury Bonds of 8-15-63.
WHEREAS, sufficient securities have been pledged by the City National Bank of
Wichita Falls, Texas with the First National Bank in Dallas, Texas, to secure the deposits
of the City of Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS:
THAT the City Clerk of the City of Wichita Falls, Texas, be and he is hereby
authorized to surrender the above described Certificate of Indebtedness, Trust Receipt
No. A 26183 $900,000.00 now on deposit with the First National Bank in Dallas, Texas.
Moved by Alderman McBride that Resolution No. 495 be passed and approved.
Motion seconded by Alderman Witcher and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor, and Wade.
Nays: None.
23
Mayor Gavin commented on the petition filed with the Cit7't ouneil by a group of
citizens concerning the request of the City, that an election be called bearing upon the w
paying of increases to all personnel of the fire department. Mayor Gavin then asked City
Attorney Hodge to bring the Council up-to-date on the statute concerning such a raise with
regard to the Cityts position legally.
City Attorney Hodge reported that the first petition filed by the citizens for
the firemen was inadequate in that it did not contain the required number of signatures to
be considered a petition for this purpose. A second petition was filed, which, together
with the first petition, contained the necessary number of signatures to be considered.
The problem involved in considering the petition as it now stands is: 1) the statute
provides that the petition set out in dollars and cents a (blank) minimum
wage for the firemen and policemen per month; 2) the petition received has asked for a
$45.00 per month raise for the recruit firemen, making their base pay per month $345.00,
and providing for an overall increase of 15% for the department. The question is there-
fore raised whether or not the intent is to gain a certain percentage raise in wages for
each classification of firemen in the fire department. The law does not provide for wage
increases in this form. It provides for a minimum wage set out in dollars and cents.
Mayor Gavin further commented that the Council would be remissed in its duties
if it did not consider again or try to evaluate all points connected with the petition.
In a recent budget study having to do with all departments, the Council came to the con-
clusion of its own that rather than pay or raise salaries in the amount of $45.00 per month
or 15% of the recruit firements salary, which the Council did not feel either practical from
the standpoint of rewarding all personnel or because that would cost the City some $70,000.00
alone and still not reach the goal to be accomplished. The Council is willing to go along
with the proposal of the Chief and City Manager that the organizational work within the fire
department itself be given close scrutiny. As the news media has reflected in the last two
or three weeks, the positions of captain and lieutenant might be changed so that there would
be more continuity of command, and some adjustment be made in the firemen versus firemen
drivers classification, some communication personnel and others who are trained fire fighters
be made operational fire fighters and work of this nature that does not include trained fire
fighters be given to other personnel. The Council realizes that some 120 firemen for a City
of this size is a bare minimum, and also that we do not have an adequate number of fire sta-
tions for our City. Needless to say, the Council feels that the recommendations of the City
Manager is what it should go along with. It is only fair to those who have petitioned the
Council to be advised that the Council, while considering the organizational work within the
fire department and the possibility of pay raises, does not feel that this is an acceptable
or justifiable figure.
Alderman Burross than commented that the Mayor had voiced the opinion of the Council
well in that the Council feels that it cannot favor one department over another in the matter
of wage increases.
+52
Item No.
24 Mr. Ben Woody, together with Mr. Jack Foley, appeared before the Council with
a request that the Council agree to the transfer of the concession lease of Kiddyland Park
in Weeks Park from Mr. Ben Woody to Tom Foley and Jack Foley. Attorney Hodge was asked
for an opinion, and he commented that the Council was within its legal rights to agree to
the transfer of the lease.
Moved by Alderman Wade that the Council approve the transfer of the lease on the
concession of Kiddyland Park in Weeks Park from Mr. Ben Woody, to Mr. Tom Foley and Mr. Jack
Foley.
Motion seconded by Alderman Claytor and carried.
25 Mr. Andy Jackson from KMA asked a few questions concerning the legal requirements
for installation of trailer courts.
Mr. Jackson was referred to R. T. Gregory, Director of Public Works.
Moved by Alderman Claytor that the meeting be adjourned.
Motion seconded by Alderman Wade and carried.
The Board of Aldermen then adjourned at 8:45 otclock P.M.
APPROVED this the k day of; 1962.
Mayor
ATTEST:
5�,