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Min 10/22/1962 460 Wichita Falls, Texas Memorial Auditorium Building October 22, 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 ofclock P. M., with the following members present: John J. Gavin Mayor J. Winston Wallander Dr. D. Clifford Burross 0. D. McBride Aldermen /,.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 Burross. Moved by Alderman Witcher that the Minutes of the regular meeting held September 24, 1962, be approved. Motion seconded by Alderman Claytor and carried unanimously. a Mayor Gavin recognized the Tri-Hi-Y Girls who were present with their leader, Mrs. Jack N. Holmes. Since Mr. Don K. Hill, District Director National Safety Council, was not present, Agenda Item No. 4 was passed until later in the meeting. - - - - - - - - - - 5 Agenda Item No. 5 (a tabled request from Mr. Bill Owen, represented by Mr. Frank Gibson, for the abandonment of the platted llth Street right-of-way from Ohio Street east to ✓ the alley in Block 196, Original Townsite) was not considered since an injunction had been filed against the City of Wichita Falls in connection with the closing of the street. 6 - - - - - - - - - - Moved by Alderman McBride that the City lease approximately 1390 acres of grass land on the north tide of Lake Kickapoo in Archer County, Texas, to Brewer & Glenn for one year with an option of renewal for two more years on the same terms and for the same con- sideration as the previous year. Motion seconded by Alderman Claytor and carried unanimously. 7 RESOLUTION N0. 497 WHEREAS, The Board of Aldermen of the City of Wichita Falls, Texas, has authorized a program of construction of sewerage works at an estimated cost of $2,0301,000 and the United States Government, acting through the Public Health Service, has offered a Federal grant in the amount of $600,000 as designated on part A, Offer and Acceptance, now under consideration by this body. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That said offer as submitted, together with the terms and conditions thereof, is hereby accepted and approved; and that John J. Gavin, Mayor of the City of Wichita Falls, Texas, is hereby authorized and directed to sign said Offer and Acceptance and any 461 Item No. 7 - contt. other necessary documents required to complete the project on behalf of said City. BE IT FURTHER RESOLVED That the City of Wichita Falls, Texas, has or will procure a fee simple or such other estate or interest in the site of the project, including the necessary easements and rights-of-way, as to assure undisturbed use and possession for the purposes of construction, operation and maintenance of the works for the estimated life of the project; and that in the event such title, estate, or interest in such site, easements or rights-of-way may in the future be contested, the City of Wichita Falls, Texas, will defend and maintain its title in such site and hold the United States Government blameless in such action; and that before any Federal payment is requested pursuant to said grant, said City will provide certification as to the sufficiency of such estate or interest. - - - - - - - - - - Moved by Alderman Wallander that Resolution No. 497 be passed and approved. Motion seconded by Alderman Burross and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. 8 Mayor Gavin introduced Resolution No. 498 and asked Mr. J. B. Jarratt to present the Resolution pertaining to the endorsement of the hospital district to be known as Wichita County Hospital district. Mr. J. B. Moran was recognized and voiced concern over the tax increase. Mr. Moran asked several questions which were answered by members of the Council and Mr. Jarratt. Mr. Bob Pace inquired about the procedure of handling out-of-county patients. This was also answered by Alderman Burross. Alderman Al T. Witcher explained the inequity of taxes with reference to the hand- ling of charity patients and the responsibilities of the county in providing for their care. Alderman Burross concurred with the passing of the responsibility to the county. RESOLUTION NO. 498 WHEREAS, the legislature of the State of Texas in 1961 enacted a statute authoriz- ing Wichita County to create a hospital district to be known as Wichita County Hospital District with boundaries co-extensive with the boundaries of Wichita County, providing that a majority of the qualified property tax paying voters participating in an election for such purpose in favor of the creation of said district. WHEREAS, such an election has been ordered, and this proposition will be sub- mitted to the qualified property tax paying voters of Wichita County in the November 6, 1962, General Election. WHEREAS, it is the opinion of the Board of Aldermen of the City of Wichita Falls that the creation of the Wichita County Hospital District will be to the best interest of the citizens of Wichita Falls and all other citizens of Wichita County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF `a CHITA FALLS, TEXAS: That the Board of Aldermen hereby go on record as favoring the creation of the Wichita County Hospital District and recommend that the voters of Wichita County support this proposition at the November 6th Election. Moved by Alderman Burross that Resolution No. 498 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. Mayor Gavin thanked the members of the Council and members of the Steering Committee who had diligently served and worked in the preparation of the survey of the handling of in- digent patients in the City-County Hospital. 462 Item No. S-contt. Mr. Frede, Teacher-Supervisor, and Members of the Traffic Commission were recognized at this point. Agenda Item No. 4 with Mr. Don K. Hill, District Director National Safety Council, presenting a review of the 1961 Annual Inventory of Traffic Safety Activities, was given a hearing. The report and digest being filed in the City Clerkfs Office. Mayor Gavin thanked Mr. Hill for his presentation and asked several questions which were given further explanation by Mr. Hill. - - - - - - - 9 Mayor Gavin introduced Resolution No. 499• V RESOLUTION N0. 499 WHEREAS, the exercise of executive, legislative and judicial power by separate and independent organs of government is a fundamental principle of American constitutional jurisprudence; and WHEREAS, this principle was expressed in the Constitution of the Republic of Texas in 1836 and has been embodied in all of the State Constitutions in the exact wording found in Article II, Section 1, of the present Constitution, wherein it is provided: "The powers of the government of the State of Texas shall be divided into three distinct' departments, each of which shall be confided to a separate body of magistracy, to wit: those which are legis- lative to one; those which are executive to another; and those which are judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the otlers, except in the instances herein expressly permitted."; and WHEREAS, this guarantee of separation of powers now stands in jeopardy by virtue of the adoption by the 57th Legislature of Texas of House Joint Resolution 32, which proposes an amendment to Article II of the Texas Constitution by adding a new section thereto to pro- vide as follows: "Notwithstanding any other provision of the Constitution, the Legislature shall have the power, by general law, to provide for appeals to the courts from any and all actions, rulings or decisions of administrative agencies and executive departments of the State of Texas or any of its political subdivisions, under such provisions and limitations as the Legislature shall deem necessary and desirable; and the courts of Texas shall have no power or authority to refuse, deny, or change the manner of such appeals, if brought in the manner provided by general law, even though such appeals shall be provided de novo as that term is used in appeals from the justice of the peace courts to county courts; and should the Legislature provide for such appeals to be tried completely de novo and independent of any administrative and executive action, ruling or decision thereon, the courts shall comply with such general law and shall hear and determine such appeals in the manner and under the conditions prescribed by the Legislature, even though such action on the part of the courts involves administrative or executive rather than judicial powers; provided, however, in the absence of legislation enacted subsequent to the adoption of this amendment, all such appeals shall continue to be prosecuted in the manner now provided by law, as interpreted and applied to the appellate courts of Texas on the date of the adoption of this amend- ment, and no change in the manner of such appeals shall be affected except by legislation enacted subsequent to the adoption of this amendment."; and WHEREAS, this proposed constitutional amendment commonly denominated the "trial de novo amendment"' will be submitted to a vote of the qualified electors of this State on November 6, 1962, appearing on the ballot as Amendment Number 14; and WHEREAS, it is the conviction of the Board of Aldermen of the City of Wichita Falls that the adoption of this amendment would destroy the delicate balance of powers between executive, legislative, and judicial branches of government in this State; would endanger the basic freedoms of all of the citizens of Texas; would curtail many and delay other essen- tial services now performed at all levels of government; would render ineffective established, proven, and necessary administrative functions and procedures of government, and would cast an onerous burden on effective, efficient, and economical governmental operations by the State, its municipalities, and other political subdivisions; NOW, THEREFORE, BE IT RESOLVED that the Board of Aldermen of the City of Wichita Falls vigorously oppose the adoption of Amendment Number 14, the proposed "trial de novo" constitutional amendment; and BE IT FURTHER RESOLVED that the Board of Aldermen desire to bring within the focus and understanding of all the citizens of this area the full implication of the proposed constitutional amendment and its departure from a fundamental concept of American government. 46" Item No. 9 - con't. Moved by Alderman Wade that Resolution No. 499 be passed and approved. Motion seconded by Alderman McBride and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. Alderman Burross asked that copies of Resolution No. 499 be sent to all w Congressmen from this district. - - - - - - - - - - 10 Moved by Alderman Wallander that the Mayor be authorized to sign a quit-claim deed to a small triangular tract of land adjacent to East Scott and now occupied by their old district headquarters to the Texas Highway Department. ✓ Motion seconded by Alderman Burross and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. - - - - - - - - - - 11 Mayor John Gavin declared the public hearing on the 1962-63 budget open. Mayor Gavin, in his opening remarks, stated that he and the other members of the Council, collec- tively and individually, endorsed the budget as presented and qualified their endorsement ' by the statement that each individual account and item in the budget would be given further scrutiny and examination to satisfy themselves that the policies of economy and service were adhered to in the preparation of the budget. Dr. M..-L. Leahy was recognized and presented a plea for a further increase in salary and numbers of the police force. Dr. Leahy asked several questions pertaining to the number of men available on each shift. These questions were answered by Police Chief C. C. (Bud) Daniel with the added explanation of men in uniform and men not in uniform available who ]had arresting power. Mayor John Gavin and Alderman Burross commented on the study that had gone into the preparation of the current budget and the allocation of the number of men available to the police department. Dr. Burross asked Chief Daniel to make a statement on the policy of the police department with reference to the handling of juveniles particularly. Chief Daniel's statement touched on the various techniques and practices used in the handling of juveniles and the legal limitations placed on the arresting officers and the police depart- ment as a whole. Mr. Bucky Harmon, speaking as an individual, voiced the plea for added policemen to provide adequate protection for the police department as a whole from adverse criticism and physical harm. Mayor Gavin stated that the Council, meeting as a Committee as a whole, had thoroughly gone into the problems in the police department and that they were reasonably satisfied that the findings of the Council were not incompatible with the standard as set up by the National Survey and that the provision for 127 men in the police department was thought by the Council as being adequate for the preservation of law and order in the City of Wichita Falls at the present time. Mayor Gavin, after giving everyone present a chance to be heard, declared the ..F hearing closed. 464 Item N o. 12 ORDINANCE NO. 1997 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1962, AND ENDING SEPTEMBER 30, 1963, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, AND DECLARING AN EMERGENCY. ✓ Moved by Alderman Burross that Ordinance No. 1997 be approved and adopted. Motion seconded by Alderman McBride and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. 13 ORDINANCE NO. 1998 AN ORDINANCE SETTING ASIDE FROM THE REVENUES OF THE PUBLIC UTILITIES OF THE CITY OF WICHITA FALLS SUFFICIENT FUNDS TO PROVIDE FOR THE CITY DEBT SERVICE FOR THE FISCAL YEAR 1962-63 TO PAY PUBLIC UTILITY OBLIGATIONS; PROVIDING FOR A METHOD OF PAYMENT; AND DECLARING ,,✓ AN EMERGENCY. Moved by Alderman Wade that Ordinance No. 1998 be approved and adopted. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. - - - - - - - - - - ORDINANCE NO. 1999 AN ORDINANCE PROVIDING FOR CLASSIFICATION OF ALL POLICEMEN UNDER CIVIL SERVICE EMPLOYED BY THE CITY OF WICHITA FALLS; REPEALING ALL PRIOR ORDINANCES INCONSISTENT HEREWITH; AND DECLARING AN EMERGENCY. V Moved by Alderman Witcher tY t Ordinance No. 1999 be approved and adopted. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Alderman Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. 5 - - - - - - - - - - ORDINANCE NO. 2000 AN ORDINANCE PROVIDING FOR CLASSIFICATION OF ALL FIREMEN UNDER CIVIL SERVICE EMPLOYED BY THE CITY OF WICHITA FALLS, TEXAS; REPEALING ALL PRIOR ORDINANCES INCONSISTENT HEREWITH; AND DECLARING AN EMERGENCY. ✓ Moved by Alderman Burross that Ordinance No. 2000 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. 1 ORDINANCE No. 2001 AN ORDINANCE TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY OF WICHITA FALLS; PRESCRIBING THE MAXIMUM EARNINGS TO BE CONSIDERED IN CALCULATING DEPOSITS AND CONTRIBUTIONS TO BE MADE BY REASON OF CURRENT SERVICE OF EMPLOYEES OF SAID CITY WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM. Moved by Alderman Wade that Ordinance No. 2001 be passed and approved. Motion seconded by Alderman McBride and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. 465 Item No. 17 Moved by Alderman Wallander to receive the minutes of the Traffic Commission meeting held September 11, 1962• Motion seconded by Alderman Wade and carried unanimously. Mayor Gavin commented on the traffic condition on Flood Street in reference to the loading zones and asked Mr. Robert Jolliff to give an explanation of what was being done. Police Chief Bud Daniel was also asked for his comments. Moved by Alderman Burross to receive the minutes of the Traffic Commission meeting held on October 16, 1962. Motion seconded by Alderman Witcher and carried unanimously. - - - - - - - - - - lg Moved by Alderman Witcher to receive and approve the minutes of the Planning Board meeting held October 10, 1962. Motion seconded by Alderman McBride and carried unanimously. - - - - - - - - - - 19 Moved by Alderman McBride to approve the recommendation of the Annexation Sub Committee of the Planning Commission as of October 18, 1962• 811' Motion seconded by Alderman Witcher and carried. ORDINANCE NO. 2002 20 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY C' WICHTT A FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE WESTERN TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. (WESTERN HILLS BOWLING CENTER) . Moved by Alderman Witcher to introduce Ordinance No. 2002 and order its publica- tion in the newspaper. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, Claytor and Wade. Nays: None. - - - - - - - - - - !' 21 Moved by Alderman Burross to approve the final plat of the G. D. Henderson 5400 acre tract out of the E. Scurry Survey A-487, being east of Red River Expressway and south of Maurine Street. Motion seconded by Alderman Claytor and carried unanimously. - - - - - - - - - - 22 Moved by Alderman Claytor to receive the minutes of the Park Board meeting of September 17, 1962. Motion seconded by Alderman Wade and carried unanimously. - - - - - - - - - - 22a r Moved by Alderman Wade to accept the report of the meeting of three members of the Park Board held October 16, 1962, quorum not being present. Motion seconded by Alderman Claytor and carried unanimously. - - - - - - - - - - 23 Agenda Item No. 23 was passed. - - - - - - - - - - 24 Agenda Item No. 24 was passed. 466 Item No. 25 Moved by Alderman Burross to receive the minutes of the Kemp Public Library Board meeting held October 16, 1962. Motion seconded by Alderman Witcher and carried unanimously. 26 - - - - -- - - - - - Agenda Item No. 26 was passed. 27 Moved by Alderman Burross that the Wichita General Hospital bill for the care of y indigent patients in the amount of $8,550.83 be approved and ordered paid. Motion seconded by Alderman McBride and carried. 28 Mayor Gavin read a letter from North Texas Construction Employers Association in which they informed the Council that they, as an organization, would have a representative at each regular Council meeting. Mayor Gavin expressed the conviction that this was the proper thing and that they were to be commended for their interest in municipal activities. 29 - - - - - - - - - - Alderman Burross commented on the mis-inform,+-ion that the public seems to have concerning Federal help on the Lake Kemp Spillway repaihs and rehabilitation and explained V the proportionate cost to the City and the WC WCID #2. Mayor Gavin also commented on the proportionate share of cost in the rehabilitation program. 30 - - - - - - - - - - Moved by Alderman Claytor that the meeting be adjourned. Motion seconded by Alderman Wade and carried unanimously. The Board of Aldermen then adjourned at 9:30 o'clock P. M. r Mayor ATTEST: - City Cl rk fr / A:trG'•