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Min 09/25/19331 05, Wichita Falls, Texas Memorial Auditorium Building September 25, 1933 The Board of Aldermen of the City of Wichita Falls, met in regular session on the above date with the following members present: Walter Nelson, Jr., Mayor Leon L. Deaton, S J. S. Bridwell, r J. N. Prothro, X Aldermen George D. Fox, Raymond M. Myers, X V. R. Smitham, City Manager W. E. McBroom, City Clerk Thelbert Martin, City Attorney approved. The Minutes of the previous meeting were read and ORDINANCE NO 1135 AN ORDINANCE LEVYING, ASSESSING, AND FIXING THE RATE OF TAXATION IN THE CITY OF WICHITA FALLS, TEXAS, FOR THE YEAR A. D. 1933, AND LEVYING AN OCCUPATION TAX ON ALL OCCUPATIONS TAXABLE UNDER THE IAWS OF THE STATE OF TEXAS AND THE CHARTER AND ORDINANCES OF SAID CITY, AND DECLARING AN EMERGENCY. Moved by Alderman Deaton that Ordinance No. 1135 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Fox and carried by the fol- lowing vote. Bridwell. Yeas: Aldermen Deaton, Fox, Prothro, Myers, and Nays: None. ORDINANCE NO 1136 AN ORDINANCE PROHIBITING PERSONS FROM RIDING UPON THE BUMPERS, FENDERS, RUNNING BOARD, HOOD, FRONT, .REAR, OR TOP OF ANY AUTOMOBILE; AND PROHIBITING THE DRIVER OF A-YY AUTOMOBILE FMM PERMITTING OR ALLOWING ANY PERSON TO RIDE UPON THE BUMPER, FENDER, RUNNING BOARD, HOOD, FRONT, REAR, OR TOP OF ANY AUTOMOBILE WHIIY SAME IS BEING DRIVEN UPON THE STREETS AND ALLEYS OF THE CITY OF WICHITA FALLS, TEXAS; PRESCRIBING A PENALTY, AND DECLARING AN EKERGENCY. 1259 Moved by Alderman Myers that Ordinance No. 1136 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Deaton and carried by the follow- ing vote: Yeas: Aldermen Myers, Deaton, Bridwell, Prothro, and Fox. Nays: None. ORDINAME NO 1137 AN ORDINANCE AMENDING SECTIONS 5, 7, 81, 9, 10, 11, 13, 14, 16, 171, 18, 21, 24, 250 26, 31, 359, 36, 41 AND 42 OF ORDINANCE NO. 340, ENTITLED "AN ORDINANCE CREATING THE EXAMINING AND SUPERVISING BOARD OF PLUMBERS, DESIGNATING THE NO-ff3ERS THEREOF, AND PRESCRIBING THE POWER AND DUTIES AND TERM OF OFFICE, PROVIDING FOR THE LICENSING OF' PLUMBERS, AND THE GIVING OF INDEMNITY BONDS BY PERSONS, FIRMS, OR CORPORATIONS ENGAGED IN THE BUSINESS OF PLUMBING IN THE CITY OF WICHITA FALIS , TEXAS, AND SETTING FORTH THE RULES, REGULATIONS, MAW-NER AND WAY IN WHICH PLUMBING WORK SHALL BE DONE; THE KIND AND CLASS OF MATERIALS TO BE USED IN SUCH WORK, THE INSPECTION OF PLIIE3ING AND ALSO SCALE OF FEES FOR SUCH IN- SPECTION; DEFINING THE POWER AND DUTIES OF THE CITY ENGINEER AND THE INSPECTOR OF PLUMBING, REQUIRING PEFUITS FCP CERTAIN KIND OF PLUMBING DRAINAGE AND COMPELLING BUILDINGS UNDER CERTAIN CONDITIONS TO BE CON- NECTED WITH SANITARY SEWER; PROHIBITING THE THROWING OF WASTE, GARBAGE, ETC., INTO THE SEWER SYSTEM, AND TEE INJURY OF TEE SYSTEM IN ANY MANNER, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF A NY OF THE PROVISIONS OF THIS ACT, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CON- FLICT WITH SAME, AND CREATING THIS AN EMERGENCY MEASURE AMID SUSPENDING THE RULES", PASSED ON THE LOTH DAY OF JANUARY, 1921, AND APPROVED ON THE 17TH DAY OF JANUARY, 1921, SO AS TO IX SPENSE WITH ME GIVING OF A BOND AND TO REVISE AND MAKE MORE MODERN THE ORDINANCE IN OTHER RESPECTS, AS FULLY SHOWN BY THE AMENDED SECTIONS SET FORTH BELOW, AND DECLARING AN EMERGENCY, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Moved by Alderman Prothro that Ordinance No. 1137 be passed on its third and final reading and be adopted as read. 40 t@ : Motion seconded by Alderman Myers and carried by the following Yeas: Aldermen Prothro, Myers, Fox, Bridwell, and Deaton. Nays: None. ORDINANCE NO 1138 AN ORDINANCE AMENDING ORDINANCE NO. 285, PASSED AND APPROVED ON THE 27TH DAY OF JULY, A. D. 1920, ENTITLED "AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, OR AGENT THEREOF TO CUT OR MAKE ANY EXCAVATION IN ANY STREET, SIDEWALK, ALLEY OR OTHER PUBLIC PLACE WITHOUT FIRST OBTAINING A PERMIT FRCM THE CITY ENGINEER STATING THE CON- DITIONS ON WHICH SAID PERMIT IS GRANTED, AND PROVIDING FOR A PENALTY", BY ADDING THERETO ARTICLE 5A PROVIDING PERSONS, FIRMS, AND CORPORATIONS ENGAGED IN BUSINESSES THAT REQUIRE FREfaiTENT OPENINGS OF STREETS AND ALIE YS SHALL FILE A BOND WITH THE CITY ENGINEER FOR THE SUM OF $19000.009 CONDITIONED THAT THE PRINCIPAL FAITHFULLY COMPLY WITH ALL THE TERMS AND CONDITIONS OF SAID ORDINANCE. Moved by Alderman Deaton that Ordinance No. 1138 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Myers and carried by the following vote: Yeas: Aldermen Deaton, Myers, Fox, Bridwell, and Prothro. Nays: None. ORDINANCE NO 1139 AN ORDINANCE REGULAZING THE MANUFACTURE, SALE AND DIS- TRIBUTION OF T.UJ T BEVERAGES CONTAINING ONE HALF OF ONE PERCENT OR MORE OF ALCOHOL BY VOLUME AND NOT MORE THAN THREE AND TWO TENTHS PERCENT OF ALCOHOL BY WEIGHT; REQUIRING THAT A LICENSE BE OBTAINED, PRESCRIBING THE LICENSE FEE TO BE PAID TO THE CITY OF WICHITA FALLS, PRESCRIBING A PENALTY, AND DECLARING AN EMERGENCY. Moved by Alderman Myers that Ordinance No. 1139 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Deaton and carried by the following vote: Yeas: A]Aermen Myers, Deaton, Bridwell, Prothro, and Fox. Nays: None. Moved by Alderman Deaton that the following resolution be adopted. Motion seconded by Alderman Prothro and carried by the following vote: Yeas: Aldermen Deaton, Prothro, Bridwell, Fox, and Myers. Nays: None. RESOLUTION BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1. That we recognize that better citizenship is being built in this community by the leaders in the Boy Scout movement. 2. That the excellent work in this City of Frank Creighton as Boy Scout Executive for the past ten years be formally recognized by this Body. 3. That the clean, conscientious manner in which the Boy Scout work in Wichita Falls and surrounding territory under the guidance of Frank Creighton be commended to the citizenship of this community. 4. That this resolution be placed in the Minutes of this Body and a copy be furnished Frank Creighton and the Boy Scout Council of this area. READ AND ADOPTED this the 25th day of September 1933. 12ol adopted. Moved by.Alderman Prothro that the following resolution be vote: Motion seconded by Alderman Myers and carried by the following Yeas: Aldermen Prothro, Myers, Fox, Bridwell, and Deaton. Nays: None. RESOLUTION WHEREAS, the State Highway Department of the State of Texas is desirous of constructing State Highway No. 5, NRM-3 Project through the City of Wichita Falls, Texas, over Scott Avenue from loth Street to Wichita Valley Railroad, over new highway across Blocks al and 32 Barwise and Jalonie Addition, across Blocks A and B, McBride's Addition, across Blocks 12, 13, 14, 15, 22, and 21, J. A. Kemp Addition, Thence along alley between Waco and Galveston Streets to Holliday Creek, the East City Limits; and, WHEREAS, the State Highway Department is desirous of receiving Federal Aid for the .improvement of said highway; and, WHEREAS, the Bureau of Public Roads of the Department of Agriculture of the United States of America will not participate in the construction of said highway until and unless the City of Wichita Falls, Texas, will agree to refrain from permitting encroachments upon the right -of way of said above mentioned streets and highway, and unless the City of Wichita Falls, Texas, will a-gree to refrain from permitting parking of vehicles on pavement, where said pavement is less than fifty feet in width, and will agree to refrain from parking of vehicles on pavement, except parallel parking, where said pavement is not more than fifty feet in -width, and until and unless the City of Wichita Falls will agree to refrain from passing ordinances or laws fixing a speed limit of under twenty miles per hour on said above mentioned streets, and until and unless the City of Wichita Falls will agree to refrain from erecting signs, semaphores, and signals that will give preference to local routes or that will hinder or delay traffic on said above mentioned streets and highway. THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls, Texas, that, for and in consideration of the State Highway Department of the State of Texas and the Bureau of Public Roads of the Department of Agriculture of the United States of America con- structing said Highway No. 5, NRM - 3 rroject through the City of Wichita Falls, Texas,, over Scott Avenue from loth Street to Wichita Valley Railroad, over new highway across Blocks 31and 32, Barwise and Jalonie Addition, across Blocks A and B, McBrides Addition, across Blocks 12, 13, 14, 15, 22, and 21, J. A. Kemp Addition, Thence along alley be- tween Waco and Galveston Streets to Holliday Creek, the East City Limits, it hereby agrees with the State Highway Department of the State of Texas and the Bureau of Public Roads of the Department of Agriculture of the United States of America that it will not, in the future, permit en- croachment on the right-of-way of said above mentioned streets or highway, nor will it permit parking of vehicles on pavement where said pavement is less than fifty feet in width, nor will it permit parking of vehicles on pavement, except parallel parking, where said pavement is not more than fifty feet in width nor will it pass an ordinamee or laws fixing a speed limit on the above mentioned streets of under twenty miles per hour; nor will it allow the erection of signs, semaphores, and signals that will give preference to local routes which intersect with said above mentioned streets nor'will slow up, hinder, or delay traffic on said above men- tioned streets; nor will it repeal or amend any of the provisions of this resolution without the consent of the State Highway Commission. This is to certify that the above resolution was adopted and passed at A regular meeting of the Board of Aldermen on September 25, 1933. 12f ;2 Moved by Alderman Deaton that the Mayor. be authorized to execute the following agreement between the City of Wichita Falls and the United States Department of Agriculture, Bureau of Public Roads. Motion seconded by Alderman Myers and carried. The City of Wichita Falls, State of Texas, hereinafter referred to as City of Wichita Falls, and the Texas State Highway Department, hereinafter referred to as the Highway Department, hereby agree as follows: 1. That the Highway Department will submit a project for the improvement of 1.121 miles of the Municipal (N.R.M. - 3) highway from Tenth Street to Holliday Creek, known as Scott Street route, and to be designated as Texas project No.'N.R.M.-3, and will recommend its approval by the Secretary of Agriculture for construction with funds apportioned to the State under Section 204 of the National Industrial Recovery Act; subject, however, to the condition that the City of Wichita Falls, Texas, shall pm - vide for its proper maintenance after completion of its improve- ment. 2. That the said City of Wichita Falls, Texas, hereby requests the Highway Department to submit the aforementioned pro- ject with recommendation that it be approved by the Secretary of Agriculture, and agrees that if such project is approved and con- structed by the Highway Department and the Secretary of Agriculture it thereafter, at its own cost and expense, will maintain the pro- ject in a manner satisfactory to them, or their authorized repre- sentatives, and will make ample provision each year for such maintenance. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Wichita Falls, Texas, on the 25th day of September, 1933, and the Highway Department on the day of , 1933. Moved by Alderman Deaton that the following resolution be adopted. Motion seconded by Alderman Myers and carried by the following vote: Yeas: Aldermen Deaton, Myers, Bridwell, Fox, and Prothro. Nays: None. 12Fi3 RESOLUTION WHEREAS, the Supreme Ruler of The Universe has called to rest the lateGeorge W. Thorburn, a former Secretary to this Body and an honored citizen of this community; and, WHERFAS, we believe it fitting and proper that this Body go on record as honoring this good man and public servant, and join the com- munity in voicing their respect and feeling of loss in the passing of this useful citizen. THEREFORE, BE IT RESOLVED BY THE BOAR D OF ALDERMEN OF TEE CITY OF WICHITA FALLS, TEXAS: That we express our regret in the loss to the City by the death of the late George W. Thorburn, and that a copy of this resolution be spread on the Minutes of this meeting and a'copy be mailed to the family of the deceased. READ AND ADOPTED this the 25th day of September 1933. Moved by Alderman Bridwell that the Mayor, City Manager, and City Attorney be authorized to represent the City of Wichita Falls at the annual meeting of the Texas League of Municipalities to be held in San Antonio on October 16, 17, and 18. Motion seconded by Alderman Myers and carried. Moved by Alderman Bridwell that the meeting be adjourned. Motion seconded by Alderman Myers and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 2nd of October 1933.