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Min 11/12/1962 468 Wichita Falls, Texas Memorial Auditorium Building November 12, 1962 Ilem No. I & 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 O'clock 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 C. J. Griggs City Manager H. P. Hodge, Jr. City Attorney A. L. Fitts City Clerk Absent: Alderman Don Wade - - - - - - - - - - The meeting was called to order by Mayor John J. Gavin. - - - - - - - - - - The Invocation was given by Alderman Claytor. - - - - - - - - - - After the Invocation Mayor Gavin made the following statement: Before getting into the regular order of business I would like to make a statement that reflects the opinion of the City Council concerning the City of Wichita Falls, partici- pation in the indigent care of patients at the Wichita General Hospital. Before making the statement I would like to ask our City Attorney, Mr. Hodge, to brief us on a point of law as regards the City-County responsibility. Mr. H. P. Hodge, City Attorney, made the following statement: As we have said a number of times before, Mayor, the law places the legal duty of caring for indigent persons on the County. It is not an obligation of the City; it is a legal obligation of the County. Article 2351, Section II of the Revised Civil Statute of Texas, provides that each Commissioners Court shall provide for the support of paupers. The courts have held that term "support" means not only food, clothing and things of that nature, but also that it means care and treat- ment during sickness. So that article puts squarely on the Commissioners Court of the County the legal obligation to provide care and treatment of indigent sick people. There is another article that is appropriate to this inquiry: Article 4438 of the Revised Civil Statut of Texas, entitled, "Indigent Sick, reads as follows: 'If there is a regular established public hospital in the county, the Commissioners Court shall provide for sending the indigent sick to such hospital. If more than one such hospital exists in the County, the indigent patient shall have the right to select which one of them he shall be sent to. ' So we see there are actually two articles in the Statute that place legal obliga- tion for providing indigent sick care on the County, and as far as I know and as far as I have ever been able to find, there is no obligation on the City to do this at all. - - - - - - - - - - The Mayor then stated: Pursuant to the legal support, if such was needed, the Council feels that it should express itself as regards future contributions or future sharing of indigent care with the County. Therefore, we are notifying the County Commissioners Court that we will continue bearing 50% of the indigent care load as we have done since it was inaugurated some thirteen years ago, I believe, through the 31st of December, 1962. That will coincide with the calendar and fiscal years of the County. Subsequent to that date we feel that it is our responsibility to relieve the taxpayers of Wichita Falls of bearing a double burden so far as indigent care is concerned. We recognize the problems that both govern- mental organizations--both City and County--have with regard to indigent care but feel that it is only fair that we thus notify the County that after January 1, 1963, we will not be respons- ible for the 50% of the care bill that we have assumed in the past. We have not prepared a formal resolution to that effect and since this action of the Council has been done voluntarily, I believe, and the Resolution or the approval of these 469 Item No. bills is made with each Council meeting at which they are presented# I don't believe that a 2-con't. formal resolution by the Council is required. Rather than require them, I assume that when the bill for January comes around, we will find ourselves not in a position to care for it. - - - - - - - - - - Item 3 Moved by Alderman Burross that the Minutes of the regular meeting held October 22, 3 19620 be approved. Motion seconded by Alderman McBride and carried unanimously. - - - - - - - - - - Item 4 Agenda Item 4 was passed until further in the meeting. 4 - - - - - - - - - - 5 Item 5 ORDINANCE NO. 2003 AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF ELEVENTH STREET ADJACENT TO AND SEPARATING BLOCKS 196 AND 197 OF THE ORIGINAL TOWN SITE OF THE CITY OF WICHITA FALLS EXTEND- ING FROM THE EAST PROPERTY LINE OF OHIO AVENUE EASTWARD TO THE ALLEY, SAID PORTION BEING HERE- INAFTER MORE PARTICULARLY DESCRIBED. Moved by Alderman McBride to pass and approve Ordinance No. 2003. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Alderman Wallander, Burross, McBride, Witcher and Claytor. Ngys: None. Item 6 Mayor Gavin made the following statement concerning the Council policy and the Council's awareness of a problem. Since the outbreak of tension in Cuba, all citizens have become aware, many of them for the first time, of the need for a good well-planned, well-thought-out Civil Defense program. The history of Civil Defense in this area has not been particularly good from the standpoint that we have never before had as a City or County employee a Director of Civil Defense who could devote all his time to this problem. We have had many civic-minded, generous-hearted citizens who have contributed greatly of their own time and efforts in order to sustain a good Civil Defense program. Only because they had demands on their time necessitated by the requirements of making a livelihood for their families, have they been unsuccessful in developing a good program. It has been a matter of some concern to the City, to the County, and to myself particularly, that this situation has come to a head without the City having been in a position to say that this man, whoever he may be, is responsible for all of the Civil Defense problems. The main reason why we wanted a City employee, a man under the control of the Council and/or the City Manager, to be in charge of Civil Defense, is because the two prime units of Civil Defense naturally are police and fire forces. We wanted to be sure that the Chief of our fire department, the Chief of our police department, were in a position to accept the orders of a Civil Defense Director and could willingly accept his direction. We have given some considerable thought to this. Another problem, of course, that arose was the fact that we have other governmental jurisdiction involved. One of them, notably, the County, the other, the School Board, both of whom have great responsibility to the preservation of life and property of the people within their jurisdictions. The Council$ myself as the Mayor, have had discussions with these various people. We have discussed with the representatives of the School District and the School Board the program that they have tentatively adopted and the steps that they have tenta- tively taken. They wanted to be sure that it did not interfere in any way with any overall Civil Defense problem or program that the City might have developed. We have discussed with the County Judge, representing the Commissioners Court, the advisability of having the Citil Defense Director on the City payroll, and it is the unanimous decision of these bodies that such a step would be quite acceptable to them. We have not hired a Civil Defense Director as such for one very good reason. We had in mind that this Civil Defense Director should adsume a position in the City that would give him responsibility and give him authority over some of these forces I have mentioned; and felt that this could best be done out of the City Manager's office. Perhaps an Assistant to the City Manager. We have not found the man. We actually have not been in the market for that particular individual because of changes in that particular department that are forth- coming. Therefore, the matter was staying rather status quo. It was discussed and considered very seriously the appointment of a member of the Police or Fire Department or the Fire Marshalls office, to serve as an acting Civil Defense Director pending the hiring of a permanent Civil Defense officer. 47j Item No. . 6 cont. Again I will say that we recognize the responsibility that we, elective leaders of the City have, and also the responsibility that the appointive leaders have, that is, the heads of these various departments. So rather unconcisely, that is the gist of the conver- sation that we have had with these othe; agencies in the past. I have discussed this also with the former Civil Defense Directors, Mr. Gus Jolliff and Mr. John Lemly, and they concur with our reasoning. After the statement by Mayor Gavin, Mr. Charles Adcock was recognized from the floor and made a plea for future co-operation. Mr. Jack Ballard secured the floor to speak in support of Mr. Adcock. - - - - - - - - - - Agenda Item No. 4 was taken up at this point and the residents of Bert Drive who were present were recognized. Mr. R. T. Gregory was asked to present an explanation of the problem of drainage in the Bert Drive area. Mr. Joe Horany, Jr., was recognized and presented the complaints of the residents of the area supported by Mr. Ed Callendar and Mr. Forrest Kramer. Mayor Gavin' by Council consent, referred the matter to Mr. R. T. Gregory Director of Public Works, and a Committee to be appointed by the residents of Bert Dr. to work out some feasible solution. 7 - - - - - - - - - - Moved by Alderman Witcher to accept the recommendation of R. T. Gregory, Director of Public Works, and allow the erection of a sign at a location on the East side of Lamar St. 100 feet south of the corner of 13th St. and Lamar. Motion seconded by Alderman Claytor and carried unanimously. - - - - - - - - - - 8 Alderman Wallander asked M . R . Gregory, Director of Public Works, to explain the r T use of equipment requested by the Public Works Department. N Moved by Alderman Wallander to accept the low bid of Hi-Way Machinery Co. of Dallas., Texas, in the amount of $38,010.00 and the sale of a ditching machine in the amount of $3500.00 with the ditching amount to be credited to the Sewer Fund. Motion seconded by Alderman Burross and carried unanimously. - - - - - - - - - - 9 ' ' 4- Mayor Gavin presented Ordinance No. 2004 and made the following remarks; Ordinance No. 2004 regulating the parking of trailers and licensing of trailer parks is quite lengthy, some 12 pages, I believe. . .fourteen pages. I won't bother reading all of it. Anyone in the audience who cares to can have a copy and go through it. It goes on to describe what a house trailer is--house trailer, mobile home, trailer house--defines what is a dependent mobile home, that is, one that does not have its own sanitary facilities; and describes a trailer park; the limitation of space that each individual trailer must have provided for it; sets out the enforcement of this particular ordinance being a matter of the authority or the responsibility of the Building Inspector and the City Health Officers, prohibits the location of a trailer for resident purposes within the limits of the City of Wichita Falls outside of an authorized trailer park, with the exception of emergency stopping or the parking of one single trailer behind or on the resident property of an individual, that is a trailer that is not occupied for living purposes, the fees for the inspection of these trailer parks being Fifty Dollars ($50.00) annually for the first twenty trailers (20) , and $2.50 per trailer additional. Further sets out what each trailer park must have in the way of streets, sanitary facilities, lighting, fire extinguishers, etc., adequate water supplies, sewage and refuse disposal, santiation facilities, service building; types of fuel that may be used and the safety requirements for the use of those fuels, registration, responsiblility of the park operator to register and maintain records on each trailer in his park, etc. It is quite a comprehensive ordinance. It is in line with ordinances passed in other cities that have had the problem of what is called non-conforming trailers in trailer parks, and is to this extent, cognizant of the problems that are faced by the people in Wichita Falls in that from the time this ordinance is passed, there will be a three-year period that will be allowed for the individual trailer owners or the park operators to comply with this ordinance. As far as parks are concerned, a non-conforming trailer should be made conforming within a three year period from date of passage. A trailer park has three years to conform to this ordinance, but during these three years, some substantial improvements in the oper- ation must be shown within each year. 471 Item No. Then it goes on and declares the penalty for violation of the ordinance to be Two 9 cont. Hundred ($200) Dollars maximum, with each day of operation in violation constituting a separate offense. ORDINANCE NO. 2004 EGULATING THE LICENSING, AN ORDINANCE REGULATING THE PARKING AND LOCATI-O—NOF TRAILERS AND R LOCATION, ERECTION, MAINTENANCE AND CONDUCT OF TRAILER PARKS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Moved by Alderman Burross that Ordinance No. 2004 be passed and approved. Motion seconded by Alderman Witcher and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher and Claytor. Nays: None. Moved by Alderman Wallander that the low bid of J. F. Foster 4 Sons for the pavih'g' `10 of 3rd Street between Scott d Lamar be accepted and that they be awarded contract for paving in the amount of $6,251.54. 7 Motion seconded by A lderman McBride and carried unanimously. - - - - - - - - - - Moved by Alderman Wallander that advertisements for bids for proposed sewer line extensions in Westmoreland Park, Section 2, Barker Street, and Sharon Lane be published. Motion seconded by Alderman Claytor and carried unanimously. Note: Engineers estimate filed in City Clerk's office under proposed Sewer Extensions. - - - - - - - - - - ORDINANCE NO. 2002 12 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING ., CERTAIN LANDS ADJACENT TO THE WESTERN TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLSP TEXAS, WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. (WESTERN HILLS BOWLING CENTER) Moved by Alderman Witcher that Ordinance No. 2002 be passed and approved. Motion seconded by Alderman Claytor and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher and Claytor. Nays: None. - - - - - - - - - - ORDINANCE NO. 2005 13 AN ORDINANCE AMENDING ORDINANCE NO. 1685 (BUILDING CODE) BY ADOPTING "SOUTHERN STANDARD BUILDING CODE, 1960-61 REVISION" IN LIEU OF11SOUTHERN STANDARD BUILDING CODE, 1953-54 it REVISION, AND DECLARING AN EMERGENCY. Moved by Alderman Wallander that Ordinance No. 2005 be passed and approved. Motion seconded by Alderman Burross and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher, and Claytor. Nays: None. - - - - - - - - - - Mayor John J. Gavin announced the appointment of Mr. R. Carl Jackson, 4662 Woodlawn, 1 1 4 to the Park Board to fill the unexpired term of Mr. Melvin Evans, whose term expires January 1, 1965. Moved by Alderman McBride to approve the appointment of Mr. Carl ILJackson to le---01" the Park Board. Motion seconded by Alderman Burross and carried unanimously. - - - - - - - - - - Mayor Gavin announced the following appointments to the Building Code Board of Adjustments and Appeals: Item No. 472 15 cont.1,__ Malcolm Vordenbaum 4213 Prothro Expire 5-23-64 Don Prown lst Fed. Savg. & Loan Expire 5-23-64 Donus W. Ricks 1663 1/2 Elizabeth Expire 5-23-65 Ed Hanvy 1901 A Taylor Expire 5-23-63 Allen Burt First State Bank Expire 5-23-63 Moved by Alderman Wallander that the appointments to the Building Code Board of Adjustments & Appeals by Mayor Gavin be approved. Motion seconded by Alderman Witcher and carried unanimously. - - - - - - - - - - 15a Mayor Gavin announced the following appointments to the Electrical Advisory Board: Joe Adair, Jr. Electrical Contractor Expire Jan 1, 1964 Lowell Shawver Texas Electric Ser. Co. of Jack Foley Public if Ward Parker Journeyman Electrician of Vernon B. Gillam City Electrical Inspector of Moved by Alderman Burross to approve the appointments to the Electrical Advisory Board by Mayor Gavin. Motion seconded by Alderman McBride and carried. - - - -- - - - - - - - - - 15b ', Mayor Gavin announced the appointment of Mr. Jack HeImcamp, 4516 Lake Park Drive to the Planning Board, to fill the unexpired term of Mr. W. P. Howle, resigned, expiring 5-23-63. Moved by Alderman Burross that the appointment of Mr. Jack HeImcamp to the Planning Board be approved. Motion seconded by Alderman McBride and carried. - - - - - - - - - - 16 Agenda Item No. 16 was passed. - - - - - - - - - - Mayor Gavin requested that the City Clerk write letters notifying the new appointees on the various boards of their appointments. 17 A proposal was presented from Mr. J. C. Holly for the City to purchase his property located West of the Red River Expressway and North of the Big Wichita River for park purposes. Moved by Alderman Wallander to accept the proposal of Mr. Holly and to negotiate for the payment to be extended over a three-year period. Motion seconded by Alderman McBride and carried unanimously. - - - - - - - - - - 18 Moved by Alderman Burross to allow and order paid the following payments on water and sewer reimbursement contracts due under existing contracts: Hawkeye Dev. Co., water in University Park Addn, Sec D-2 & E-2 $ 442.51 Hawkeye Dev. Co. , water in Sec D-2 & E-2, University Park Addn. 1,399.28 Hawkeye Dev. Co. , sewer in University Park Addn, Sec D-2 & E-2 89.62 Hawkeye Dev. Co., sewer in Sec D-2 & E-2 University Park Addn 246.97 Hughes Dev. Co.$ water in Unit #1 Faith Village 6,126.39 Hughes Dev. Co., sewer in Unit #1 Faith Village Hughes Dev. Co. , sewer in Faith Village #3 1,913.16 Hughes Dev. Co., water in Faith Village #3 458.36 Hughes Dev. Co. 1,482.52 , sewer in Faith Village Unit #2 2,523.63 Sunnyside Dev. Co., sewer in Sec A-2 & 2b Sunnyside Hts Addnl 373.98 Hamilton Inv. Co. , water in 8th Supl. Addn, Country Club Estates 253.74 Hamilton Inv. Co. , sewer in 8th Supl Addn, Country Club Estates 28.83 Hamilton Inv. Co., sewer in 7th Supl Addn, Country Club Estates 194.92 Norman Downing, sewer in 2nd Supl Addn Park Place 75.10 R. D. Montgomery & C.B. Johnson, water in Sec IoMontgomery-Seymour Hts 373.81 T.E. Hill & Larry Moore, water in Blk 4, S 112 Blk 2-3-6p N 112 Blk 5, Hurst Subdivision 1,058.01 Lots Inc., sewer in Sec A Colonial Park Addn 87.34 Moti6ti seconded by Alderman Claytor and carried unanimously. - - - - - - - - - - item No. 473 19 Moved by Alderman Burross that on the recommendation of Robert 0. Winters, Taxi Assessor and Collector, the following tax adjustments be allowed and the rolls corrected accordingly: Johnny Watson Furniture Co. , 1961 Personal (Tax & Penalty) $44.42 Warren Ii. Price, Personal, $100-00 Motion seconded by Alderman Witcher and carried. (Copies of requests are attached hereto.) - - - - - - - - - - Moved by Alderman Burross to deny the request of the Wichita Falls Symphony 20 Orchestra for the use of the Memorial Auditorium on a rent-free basis and that the present schedules of rentals be maintained. Motion seconded by Alderman McBride and carried unanimously. Note: W. Coleman Williams is to notify the Wichita Falls Symphony Orchestra of the decision of the Council. 21 RESOLUTION NO. 500 Whereas the City of Waco has challenged the city of Wichita Falls for the Texas Spirited City Award, which is presented to the city which does the best job in expanding and building its Chamber of Commerce. Whereas, the Board of Aldermen of the City of Wichita Falls recognized the many benefits derived by the city fromaa strong and active Chamber of Commerce. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN 0 F THE CITY OF WICHITA FALLS, TEXAS: That the Board of Aldermen heartily endorses this membership campaign of the Wichita Falls Chamber of Commerce, and urges the citizens of the city to participate in this campaign so that our city shall triumph over Waco in this competition. Moved by Alderman Claytor that Resolution No. 500 be passed and approved. Motion seconded by Alderman Witcher and carried by the following vote: Ayes: Aldermen Wallander, Burross, McBride, Witcher and Claytor. Nays: None. Dodd Wiley, County Commissioner Precinct #1, was recognized and commented on the City's action in reference to the care of indigent patients. - - - - - - - - - - Mr. Jack Ballard spoke again on the hospital district. Mayor Gavin restated the 22 City Council's policy in regard to the care of indigent patients. Mayor Gavin was supported by Dr. Burross. Mrs. Rubie Lee Newton, 502 Austin, appeared protesting the parking of the Levis' Garment factory employees in front of her apartment house. This matter was referred to Robert Jolliff.9 Traffic Engineer. Mr. Ken Spencer, Sunset Terrace, complained about the open irrigation ditch running�­ ;�_24 adjacent to the Sunset Terrace area. He was informed by Mayor Gavin that this was a matter to be taken up with the Wichita County Water Control 4 Improvement District No. 2. - - - - - - - - - - Mr. Jack Christopher, Commanding officer of the State Guard, presented a plea 25 for better handling of Civil Defense equipment. - - - - - - - - - - Moved by Alderman Claytor that the meeting be adjourned. Motion seconded by Alderman Burross and carried unanimously. 'clo k P 9:15" 017 The Board of Aldermen then adjourned at o1c o k -M C ATTEST: City Cler 7 CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: Mr. C. J. Griggs, City Manager DATE: November 9, 1962 FROM: Robert 0. Winters SUBJECT: Personal Property Tax-Warren H. Price-Account # 2632 Apartment Furniture at 1211-12th Street COMMENT: Mr. Price was charged $200 per apartment assessed value by error. It should have been $100 since they are one- room apartments, and considering the quality of the furnishings. Please authorize the correction of this value. Robert 0. Winters PLEASE HANDLE PLEASE CITY OF WICHITA FALLS APPROVE PLEASE NOTE INTER-OFFICE MEMORANDUM AND RETURN -------------- P P A L L P E E P A A RO E E V E R E E H N T A 0 U NDL TE RN 0 U R TIO J� S S PLEAS AND FOR YOUR INFORMATION DATE: October 16, 1962 PLEASE SEE ME TO: Mr. C. J. Griggs, city Manager PLEASE ADVISE FROM: Robert 0. Winters YOUR FILE S J BJ ECT: Value Fxplanation-Johnny Watson Furniture Company COMMENT: VALUES Rendered Assessed t.djustad I entory $15,000 $20,000 �V.020 F v niture el, 400 650 400 2101 F xtures 20 7 t P _Z20 5__ 70 '4" A omobile 7, ot 'T;' tal The loss is based on $190140 and includes �relinquishing of 6% of the 12� interest and penalty due at the time the check was submitted. ro e� PLEASE HANDLE PLEASE CITY OF WICHITA FALLS APPROVE PLEASE NOTE INTER-OFFICE MEMORANDUM AND RETURN FOR YOUR DATE: September 10, 1062 INFORMATION PLEASE SEE ME TO: Mr. C. J. Griggs, City �Ianager PLEASE ADVISE F13OM: Robert 0. Winters YOUR FILE SUBJECT: lct6l Personal Property of Johnny Watson Furniture Company COMMENT: Please issue authority for me to accept a check in the amount of $604-59 on the above property. 141r. Watson states that he was unable to a Epear before the equalization board in 1961 due to a eart attack. He rendered $15,000 assessed value on inventory and was cited to the board for $20,000, but failed to appear. He brought a copy of his federal income tax return to the tax department which indicates the 50 o/o assessment should have been $18,020. This will amount to a loss of tax and penalty in the following amounts: City $44.42, O'chool t41.01, College $11.36. 71,obert- YNters