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Min 03/26/19284�1;r Wichita Falls, Texas. Memorial Auditorium Building, March 26th, 1928. The Board of Aldermen of the City of Wichita Falls met in regular session on the above date with the following members present: R. E. Shepherd, Mayor, Oral Jones, 0 J. W. Hunt, 0 A. W. King, 0 Aldermen, P. B. Curd, 0 Roy E. Carter, 0 W. E. McBroom, City Clerk, Thelbert Martin, City Attorney. The Minutes of the previous meeting were read and approved. ORDINANCE NO. 965 AN ORDINANCE FOR THE LICENSING AND REGULATION OF "DRIVERLESS AUTOMOBILES", HIRED OR LEASED TO TIC PUBLIC FOR USE UPON OR OVER THE STREETS OR THOROUGHFARES OF THE CITY OF WICHITA FALLS. Moved by Alderman Carter that Ordinance No. 965 be passed on its third and final reading and be adopted as read. vote: adopted. vote: Motion seconded by Alderman Hunt and carried by the following Yeas: Aldermen Jones, Hunt, King, Curd and Carter. Nays: None. Moved by Alderman Curd that the following resolution be Motion seconded by Alderman Jones and carried by the following Yeas: Aldermen Jones, Hunt, King, Curd and Carter. Nays: None. RESOLUTION RESOLUTION ACCEPTING CONVEYANCE BY G. 11. PECKHAM, J. A. 17m AND J. T. HARRELL TO THE CITY OF WICHITA FALLS OF WATER MAINS, CON- NECTIONS AND FIRE HYDRANTS IN 14ARLBOROUGH ADDITION TO WICHITA FALLS AND CONTRACT TO REI1,1BURSE THEIR FOR THE COST THEREOF, AND AUTHORIZING THE EXECUTION OF SAID CONTRACT. I:HEREAS, G. W. Peckham, J. A. Kemp and J. T. Harrell, of Wichita Falls, Texas, have heretofore platted a townsite subdivision in the city of Wichita Falls, known as "Marl -borough Addition" as shown by the recorded plat thereof, and have heretofore laid and installed in said subdivision water mains, connections and fire hydrants and a main outside of said addition as follows: -�1 BEGINNING on Kemp Boulevard at the North property line of Avenue °Q"; Thence South on Kemp Boulevard to the alley in Block 11 of South Side Addition; Thence East along said alley to Marlborough Addition, all for the purpose of serving said subdivision with water; WHEREAS, at and prior to the time of laying and installing said water mains, connections and fire hydrants, it was agreed between the city of Wichita Falls and the said G. W. Peckham, J. A. Kemp and J. T. Harrell, that said mains, connections and hydrants should become the property of the City of Wichita Falls, and that they should be reim- bursed by the city of Wichita Falls for the cost thereof at such time as the development in said addition or service furnished through said lines should be such as to warrant the City of Wichita Falls in in- stalling such water mains, connections and fire hydrants at its own expense, and WHEREAS, said parties proceeded to lay and install said water mains, connections and fire hydrants at a total cost of ELEVEN THOUSAND FIVE HUNDRED TWENTY AND 96/100 (�11,520.96) DOLLARS, and said mains, connections and fire hydrants have been approved by the City Engineer and the Water Department of Wichita Falls as to the material used, the cost and the manner of installing same, and WHEREAS, a contract in writing between the City of Wichita Falls and said G. W. Peckham, J. A. Kemp and J. T. Harrell is this day presented to the Board of Aldermen for adoption and approval, providing, in substance, as follows: That the said G. W. Peckham, J. A. Kemp and J. T. Harrell do sell and convey to the City of Wichita Falls all water mains, connections and fire hydrants as the same now exist in, upon and under Marlborough addition to said city, and in- cluding said main leading from Kemp Boulevard and Avenue i'Q" to Marlborough Addition above mentioned, and that said city accepts said conveyance, and agrees to furnish said subdivision with water, subject to its usual charges, and to reimburse said G. W. Peckham, J. A. Kemp and J. T. Harrell for the cost of said mains, connections and hydrants as follows: By paying to said parties on May let of each year, beginning May lst, 1928, an amount equal to thirty-three and one-third (33-1/3%) per cent of the gross revenues received during the previous year for water service furnished to Marlborough Addition, and also an amount equal to thirty-three and one-third (33-1/3%) per cent of the gross revenues received during the previous year from water service furnished to such consumers outside of Marlborough Addition as may be connected to and served through any of the herein - above described water mains and connections laid and installed by second parties; said payments to be applied against said cost until they total an amount equal to the cost of said mains, connections and fire hydrants, to -wit, g11,520.96; and provided that, if and when the gross revenues received by the city from the water service fur- nished through said mains including as well all water service to Marlborough Addition as all water service furnished to such consumers outside of Marlborough addition as may be connected to and served through any of the hereinabove described water mains and connections, shall equal or exceed in any calender year twenty-five (25%) per cent of said cots, to -wit, $2880.02, said city of Wichita Falls shall immediately pay in full whatever balance of said cost remains unpaid to said parties, it being understood that no interest shall be allowed said parties on their investment in said mains, connections and hydrants, and that only the principal amount of the costs aforesaid will be subject to refund as above provided; and WHEREAS, after consideration, the Board of Aldermen believes that said purchase by the city of said water mains, connections and fire hydrants is necessary and advisable and is in accordance with the understanding under which the same were installed, and said con- tract is in all respects fair and equitable, THEREFORE, BE IT RESOLVED, by the Board of Aldermen of the City of Wichita Falls, Texas, that the said contract be, and the same, is hereby, approved and adopted, and the Mayor is hereby authorized to execute and sign said contract in the name of the City. passage. adopted. vote: That this resolution shall take effect from and after its Approved and passed this 26th day of March, 1928. Moved by Alderman King that the following resolution be Motion seconded by Alderman Hunt and carried by the following Yeas: Aldermen Jones, Hunt, King, Curd and Carter. Nays: None. RESOLUTION RESOLUTION ACCEPTING CONVEYANCE BY G. W. PECKHAM, J. A. KEMP AND J. T. HARRELL TO THE CITY OF WICHITA FALLS OF SEWER LINES, MAINS AND CONNECTIONS IN 11ARLBOROUGH ADDITION TO WICHITA FALLS AND CONTRACT TO REIMBURSE THEM FOR THE COST THEREOF, AND AUTHORIZING THE EXECUTION OF SAID CONTRACT. WHEREAS, G. W. Peckham, J. A. Kemp and J. T. Harrell, of Wichita Falls, Texas, have heretofore platted a townsite subdivision in the City of Wichita Falls, known as"Marlborough Addition" as shown by the recorded plat thereof, and have heretofore laid and installed in said subdivision sewer lines, mains and connections, and WHEREAS, at and prior to the time of laying and installing said sewer lines, mains and connections, it was agreed between the City of Wichita Falls and the said G. W. Peckham, J. A. Kemp and J. T. Harrell, that said lines, mains and connections should become the property of the City of Wichita Falls, and that they should be reimbursed by the City of Wichita Falls for the cost thereof at such time as the development in said addition should be such as to warrant the City of Wichita Falls in installing the necessary sewer lines, mains and connections to serve said addition at its own expense, and WHEREAS, said parties proceeded to lay and install said sewer lines, mains and connections at a total cost of Five Thousand Eighty-five and 19/100 (45085,19) Dollars, and said lines, mains and connections have been approved by the City Engineer of Wichita Falls as to the material used, the cost and the manner of installing same, and WHEREAS, a contract in writing between the City of Wichita Falls and said G. W. Peckham, J. A. Kemp and J. T. HArrell is this day presented to the Board of Aldermen for adoption and approval, providing, in substance, that said parties do sell and convey to the City of Wichita Falls all of said sewer lines, mains and connections as the same now exist in, upon and under the property known as "Marlborough Addition to the City of Wichita Falls, Texas," and that said city accepts said conveyance, and that said sewer lines, mains and connections shall be under the control of the said city, and that said city agrees to reimburse said G. W. Peckham, J. A. Kemp and J. T. Harrell for the cost of said lines, mains and connections in the following manner, to -wit: As soon as the gross revenue from sewer fees from connections in said Marlborough Addition in any calendar year equals as much as eight per cent on said sum of 4 5085.19, said city agrees to pay to the said G. W. Peckham, J. A. Kemp and J. T. Harrell said sum of OoO85.19; with the understanding 4.6-7' 3 that no interest will be allowed and only the actual cost aforesaid will be subject to refund; and with the further understanding that it is intended by said agreement to fix as a reasonable time for payment of said amount by the city the time when the annual revenue derived by the city from sewer fees in said addition shall be eight per cent of the amount so to be repaid, but that said agreement is without pre- judice to any right of said parties to be repaid said amount in the event, for any reason, the collection of sewer fees by the city should be discontinued, subject to future adjustment; and agreement WHEREAS, after consideration, the Board of Aldermen believes that said purchase by the city of said sewer lines, mains and con- nections is necessary and advisable and is in accordance with the understanding under which the same were installed, and said contract is in all respects fair and equitable, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Wichita calls, Texas, that the said contract be, and the same is hereby approved and adopted, and the Mayor is hereby authorized to execute and sign said contract in the name of the city. passage. That this resolution shall take effect from and after its Approved and passed this 26th day of March, 1928. Moved by Alderman King that the tax valuation on Lot 8, Block 1, Sayles Addition be reduced for the year 1927 from $476.00 to $294.00 and Lot 10, Block 1, Sayles Addition, from 4636.00 to oe.38.00, and the taxes on over -valuation be remitted. Yotion seconded by Alderman Carter and carried. Moved by Alderman Hunt that the Mayor be authorized to exe- cute a note payable to the Wichita School Supply Company in the amount of 44,021.54 to cover balance due on Seats installed in the Memorial Auditorium. Said note to bear interest at the rate of 6% per annum and to be paid on or before one year from date. Motion seconded by Alderman Jones and carried. Moved by Alderman King that ct�act fob wiin t basement of the Memorial Auditorium be awarded t(i/�Jho �echsner Eieor Company upon their bid of 4600.00 for complete installation. Motion seconded by Alderman Jones and carried. Moved by Alderman Hunt that H. S. Gray be appointed presiding judge to serve in the place of L. B. Jenne, who will be absent, and that Lee Terry be appointed to serve in the place of Sybil Irvine, who cannot serve, at the M. J. Bashara Garage Box in the general city election to be held on April 3rd.111-9_ Motion seconded by Alderman Jones and carried. Moved by Alderman Hunt that Ples Crouch be appointed Presiding Judge in the place of G. L. Shapard who cannot serve the Buchanan Street Fire Station Box in the regular city election to be held on April 3rd, 1928. Motion seconded by Alderman Jones and carried. 1 -_?A Moved by Alderman Hunt that the City Clerk be instructed to transfer the sum of $212.50 from the Contingent Appropriation to the Police Department Appropriation to cover burial expense of H. S. Fuller, who was killed in the service of the Police Department. Motion seconded by Alderman King and carried. Moved by Alderman Curd that the Wrater Department be author- ized to pay 50% of the cost of repairing the defect in the pavement at the corner of Seventh and Broad Streets. �he balance to be paid by Morrison & Coleman, Contractors. Lotion seconded by Alderman Hunt and carried. Moved by Alderman Curd that the Pittsburgh -Des I,Ioines Steel Company be allowed 6°o interest on the final estimate of Y10,882.91 approved by the Board of Aldermen on February 13th, 1928. Interest to accrue from the date final estimate was allowed until paid. Ilotion seconded by Alderman Carter and carried. Idoved by Alderman Hunt that T. L. MCG,ee be authorized to pave the skip in front of his property on plinth, with reinforced concrete pavement in accordance with the plans and specifications approved by the City Engineer. Motion seconded by Alderman Jones and carried by the following vote: Yeas: Aldermen Jones, Hunt, King and Curd. Nays: Alderman Carter. Yoved by Alderman Carter that the Fire Department be authorized to buy a Whippet Roadster at a cost of g602.00 for the Assistant Fire Chief anCL trade in of a Buick Roadster now used by the Fire Department at a value of 4104.00, making net cost of �498.00. Motion seconded by Alderman Curd and carried. Moved by Alderman Carter that the Fire Department be authorized to purchase fourteen (14) tarpaulins at an approximate cost of w210.00. r� I.lotion seconded by Alderman Jones and carried. I.ioved by Alderman Carter that the City Attorney's Steno- grapher be paid the sum of .47.50 to cover services rendered during the month of April 1927. k4otion seconded by "Iderman Curd and carried. 5 Moved by Alderman Hunt that the meeting be adjourned. Motion seconded by Alderman Curd and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 2n d day of April 1928. H B4ay0