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Min 09/24/1962 454 Wichita Falls, Texas Memorial Auditorium Building September 24, 1962 Item No. 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: Al T. Witcher Mayor Protem J. Winston Wallander Dr. D. Clifford Burross 0. D. McBride Aldermen Roy V. (Pete) Claytor Don Wade C. J. Griggs City Manager H. P. Hodge Jr. City Attorney Mildred F. Catter Acting City Clerk The meeting was called to order by Mayor Protem Al T. Witcher. The Invocation was given by Alderman Don Wade. 3 Moved by Alderman Claytor that the Minutes of the regular meeting held September 10, 1962, be approved. Motion seconded by Alderman Wade and carried unanimously. v 4 Mayor Protem Witcher read a letter from E. B. Clark, Sr., President of the United Fund, requesting that all sirens be turned on at 7 P.M. Monday, October lst, for the porch light campaign. Moved by Alderman Burross that the request be denied for reason that sirens should be used for emergency purposes only and that if the request is granted, other campaigns would make the same request. The motion died for want of a second. Mr. R. L. Burnam, Executive Secretary of United Fund appeared on behalf of the request. After some discussion, the request was made for Civil Defense sirens only. Moved by Alderman McBride that the Board of Aldermen approve turning on the Civil Defense sirens at the beginning of the 7 otclock porch light campaign, Monday night, October 1, 1962. Motion seconded by Alderman Claytor and carried by the following vote: Yeas: Aldermen Wallander, McBride, Claytor and Wade. Nays: Alderman Burross. Mayor Protem Witcher announced that further consideration would be given to bids on .47 acres of land bounded by FM 369 and Lake Park Drive, and asked if anyone present had a bid to submit. City Manager C. J. Griggs presented two sealed bids, which were opened by Mayor Protem Witcher, as follows: Roy Broadway $5010.00 Gene Stephens 5600.00 On the assumption that other bids might be received, considera-d on of the above was postponed until later in the meeting. 455 Item No. Mayor Protem Witcher read a letter from Solon R. Featherston & Son requesting 6 release of Paving Assessment lien against Block 47, Floral Heights Addn. (Tyler Street) stating that a mechanic's lien or permit, or a deposit in escrow, would be given at such time as the street is paved. C ,Ji b Attorney H. P. Hodge explained the reasons for the delay in paving of this street . record sded the the Paving Assessment lien be released. Moved by Alderman Wallander that Mr. Featherston's request be granted and a ' Release be given covering Paving Assessment lien on Block 47, Floral Heights Addn. Motion seconded by Alderman Burross and carried unanimously. A letter from Joe E. Ward, Consulting Engineer, was read certifying that Natkin 7& Company, Contractor, had completed the work on The Cypress Avenue Filter Plant, Secondary Reservior Pumping Station and Alterations to Lake Wichita Pumping Station, in accordance with terms of Original Contract dated April 19, 1960, and subsequent agreements set out in Change Orders Nos. 1, 2, 3, 4, 6 & 7, and recommended that payment be made in accordance with Final Estimate No. 19, when satisfactory evidence has been submitted showing that all claims against the project have been satisfied. Moved by Alderman Wallander that payment be made to Natkin & Company on above basis, and in case of unsatisfied claims, a sufficient amount be retained to meet all outstanding claims; that these outstanding claims be paid when approved by the City Attorney. Motion seconded by Alderman Claytor and carried unanimously. Minutes of the Planning Board Meeting held September 12, came up for discussion. S Mr. R. T. Gregory, Director of Public Works, gave a further report on the meeting. ✓` Moved by Alderman Burross that the Minutes of the Planning Board meeting held ✓ September 12, 1962, be received. Motion seconded by Alderman Wade and carried unanimously. Mayor Protem Witcher called on Mr. J. P. Ruhmann, Director of Utilities, to 9 brief the Council on the arrangement that had been in existence on the various water stations in this area; stating that the gauging test centers at Ringgold and Archer City ✓ had been excluded from the proposed new Contract with the Texas Water Commission, leaving Henrietta as a water quality and gauging station and Benjamin as a gauging station; the annual cost to the City being $2,480.00. Moved by Alderman Burross that the Board of Aldermen approve the Contract No. SW-QW-62-33, between the City of Wichita Falls and the Texas Water Commission for period Y September 1, 1962, through August 31, 1963, and that City Manager C. J. Griggs be authorized to execute same for and on behalf of the City of Wichita Falls. Motion seconded by Alderman McBride and carried unanimously. Mr. R. T. Gregory, Director of Public Works, gave an explanation of the proposed 10 W Agreement between the City and State Highway Department covering installation and maintenance of highway channelization and signalization of Spur 231. ORDINANCE NO. 1995 AN ORDINANCE APPROVING THE AGREEMENT DATED SEPTEMBER 24, 1962, BETWEEN THE STATE OF TEXAS AND THE CITY OF WICHITA FALLS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF A HIGHWAY CHANNELIZATION AND SIGNALIZATION PROJECT ON SPUR 231 IN THE CITY OF WICHITA FALLS; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT: AND DECLARING AN EMERGENCY. Moved by Alderman Wallander that Ordinance No. 1995 be approved and passed as read. Motion seconded by Alderman McBride and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Claytor and Wade. Nays: None. 456 Item No. 11 Mayor Protem Witcher read Proposed Ordinance No. 1996. City Manager C. J. Griggs explained the different rates and the reasons for same. ORDINANCE NO. 1996 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 REDEMPTION FUND FOR THE FISCAL YEAR 1962-63 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ALL ANNUAL OCCUPATIONAL TAXES PROVIDED BY LAW. Moved by Alderman Burross that Ordinance No. 1996 be approved and passed as read. Motion seconded by Alderman Wade and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Claytor and Wade. Nays: None. 12 RESOLUTION NO. 496 A RESOLUTION ACCEPTING CERTAIN IMPROVEMENTS ON PORTIONS OF FLOOD STREET, BONNER STREET, AND SHERMAN ROAD IN THE CITY OF WICHITA FALLS, TEXAS, AND DIRECTING THE ISSUANCE AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED. WHEREAS, the City of Wichita Falls has heretofore entered into a contract with R.O. Green Construction Company of Wichita Falls, Texas, for the making and construction of certain improvements on the following portions of Streets, Avenues and Public places in said City to wit: FLOOD STREET: From East Edge P.V.T. Rosewood Avenue to E.P.L. Bailey Avenue; SHERMAN ROAD: From S.P.L. York Street to N.P.L. of Fort Worth & Denver Railroad; BONNER STREET: From 7.51 east of the E.P.L. Cleveland Avenue to the West Edge of pavement on Rosewood Avenue; WHEREAS, such improvements have been completed upon said portions of said streets, avenues, and public places and have been inspected and found to be complete in accordance with the contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: 1. The improvements on said portions of said Streets, Avenues, and public places be and they are hereby accepted and the contract with reference to the construction of such improvements be and is hereby found and declared fully completed and performed. 2. The Mayor be, and he is hereby directed, to issue and execute in the name of the City, certificates in evidence of the Special Assessments levied against abutting property and the owners thereof for such improvements, and the City Clerk is directed to execute the same and impress thereon the corporate seal, all in accordance with the proceedings relating to such improvements and assessments. Such certificates shall be delivered to the said R.O. Green Construction Company. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 24 day of September, 1962. Moved by Alderman Wade that Resolution No. 496 be adopted as read. Motion seconded by Alderman Claytor and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Claytor and Wade. Nays: None. - - - - -13 / A letter was presented from Bill Owen, requesting that a portion of llth Street f from the East property line of Ohio eastward to the alley be closed. Mr. Frank Gibson, attorney, appeared on behalf of the request, stating that Mr. Owen needed an entrance to his parking lot. Mr. H. P. Hodge, City Attorney, explained that part of llth Street East of Ohio was closed in 1928, and there was some question as to whether the other part was actually a street, or closed by abandonment. Following a discussion the following motion was made: 45'7 Item No. 13 con't. Moved by Alderman Wade that the request be tabled for further study and that same be acted upon at the next Council meeting. Motion seconded by Alderman Wallander and carried by the following vote: Yeas: Aldermen Wallander, Claytor and Wade. Nays: Aldermen Burross and McBride. 14 Moved by Alderman Burross that the bill from Wichita General Hospital for August, = �' 1962, in the amount of $7003.34, being one-half the total cost for indigent patient care be approved and ordered paid. Motion seconded by Alderman McBride and carried unanimously. 15 Moved by Alderman Burross that payments due on Reimbursement Contracts be approved: McKenney-Seabury Co. Sewer in Hillcrest Addition $1546.73 f. Hughes Dev. Co. Sewer in Whiteacres Subd. Faith Vlg. 247.24 W. B. Hursh Sewer in Hursh Estates Addn Sect. 2 6.00 Motion seconded by Alderman Claytor and carried unanimously. Item 5 again came up for consideration. Mayor Protem Witcher called for any other bids which any one in the audience wished to present. There being none, the following motion was made: Moved by Alderman Claytor that the high bid of $5,600.00 by Gene Stephens on .47 acres of land bounded by FM 369 and Lake Park Drive be accepted, and the City Attorney be authorized to draw Deed for same. Motion seconded by Alderman Burross and carried unanimously. 16 The Petition filed by citizens of Wichita Falls asking for increases in salary for Firemen again came up for further discussion. City Attorney H. P. Hodge Jr. gave the following opinion regarding legal aspects of this Petition: Mr. Hodge stated that, after a careful study of the citizens' petitions, he is of the opinion that the petitions are not in compliance with Article 1583-2 so as to authorize or require the calling of an election to determine whether a proposed minimum salary should be adopted for the Fire Department. Article 1583-2 sets a minimum wage for members of Fire and Police Departments, depending on the population of the City. In a city the size of Wichita Falls, the minimum salary required by this statute is the sum of $210 per month. This statute does not require the payment of any particular salary for each specific classi- fication in the Department, but simply sets a "floor" which the City cannot go below in pay- ing its Firemen and Policemen. The statute then goes further and provides that this minimum salary, or floor, may be increased to a higher sum in accordance with a petition signed by qualified voters numbering not less than 25% of the total number voting in the last preceding municipal election. The governing body shall call an election within ninety days after the petition has been filed to determine whether this proposed minimum salary shall be adopted. The question shall be submitted for the vote of the qualified electors as follows: "For the proposed minimum salary of $ per month for Firemen and Policemen." "Against the proposed minimum salary of $ per month for Firemen and Policemen." However, in the petitions filed with the Council, they do not seek a minimum salary for the Department, but instead seek a salary increase of $45 for each member of the Fire Department. Instead of the question as set out in the statute, these petitions ask that the following proposal be submitted on the ballot: "For the proposed minimum increase of 15% of a recruit fireman's salary ($300) ." "Against the proposed minimum increase of 15% of a recruit fireman's salary ($300) ." Item No. 16 - court. Therefore, as the election requested in these petitions is not in compliance with the statute, it is the opinion of the City Attorney that the Board of Aldermen is not authorized nor required to call such an election. After discussion of this matter by the Board of Aldermen, it was moved by Alderman Burross that the Board of Aldermen find that the citizens' petitions on file do not comply with Article 1583-2, for the reason that such petitions seek a salary increase for all members in all classifications in the Fire Department, rather than a minimum salary for Firemen as provided for by the statute; further, that the Board of Aldermen is not authorized nor required to call an election to submit to the voters the proposal requested in such petitions; therefore, such election will not be called. Motion seconded by Alderman Claytor and carried unanimously. Alderman Wallander requested the City Manager to announce the fireman salary schedule being included in the new budget which was stated as follows: Fireman 0 to 1 year service $300 per month It 1 to 2 years service 320 per month IT over 2 years service 340 per month Fireman-Driver 360 per month 17 Mr. G. A. Rhyne presented final plat of G. A. Rhyne Subdivision and requested approval of the Council. Mr. R. T. Gregory, Director of Public Works, stated this Plat had been approved by all City Departments, and recommended approval by the Council. Moved by Alderman Wade that the Dedication Plat of G. A. Rhyne Subdivision, Part of Block 195, Highland Addition, an Addition to the City of WichitaFalls, Texas, be approved; copy of said Plat being on file in Office of City Clerk. Motion seconded by Alderman McBride and carried unanimously. Moved by Alderman Claytor that the meeting be adjourned. Motion seconded by Alderman McBride and carried. The Board of Aldermen then adjourned at 8-45 o'clock P.M. ` Mayor ATTEST: � CITY CLERK