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Min 02/25/1952 • • 129 Wichita Falls, Texas Memorial Auditorium Bldg. February 25, 1952 .. The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date, at 7-30 o'clock P.M. in the Council Room of the Memorial Auditorium Building, :kith the following members present: Harold Jones Mayor Lloyd C. Thomas 1 J. R. Ray II J. Paul Montgomery R. J. Brown 1 Geo. T. Henderson City Clerk Bill N. Taylor City Manager J. Walter Friberg City Attorney The Minutes of the meeting held February 11, 1952, were approved. Jack Ballard appeared before the Council, requesting the Council to aythorize the Fire Department to sound one siren blast at 11 o'clock A.M. each day for an indefinite period to call citizens to silent prayer for a peaceful and honorable end of hostilities in Korea; whereupon the following motion was had: Moved by Alderman Ray that the above and foregoing be complied with, providing the same meets with approval of the local Ministerial Aliianse. Motion seconded by Alderman Montgomery and carried. Moved by Alderman Ray that the recommendation of the Traffic Commission ok be complied with and C. Norwood be denied entrance into Kell Boulevard from e his garage situated on a lot fronting on 2402 Speedway and baclglyup on Kell Boulevard. Motion seconded by Alderman Thomas and carried. Mrs Eleanor West requestedpermission to install two electric gasoline 4 pumps at the south edge of the right-of-way on the Burkbutnbtt Highway, across from Short's Pig Stand, whereupon the matter was referred to the City Attorney for investigation as to the legality of such installation. A public Hearing was held on Ordinance No. 1603 and when no opposition was voiced against passage of the same, the following motion was bads Moved by Alderman Thomas that the public hearing on Ordinance No. 1603 be closed. Motion seconded by Aldermai Brown and carried. ORDINANCE NO. 1603 ORDINANCE CLOSING MEN HEARING AND LEVYING ASSESSMENTS FOR PART OF THE CCST OF IMPROVING A PORTION OF NORTH TRAVIS IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTION OF STREET AND AGAINST THE OWNEPS THEREOF, FROVI➢ING FOR THE COT,I,FCTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EMERGENCY. . 130 • ; Moved by Alderman Thomas that Ordinance No. 1603 be approved and passed as read. Motion seconded by Alderman Ray and carried by the following vote: { Yeas: Aldermen Thomas, Ray, Montgomery and Brown. Nays: None. RESOLUTION NO. 193 RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF BRIDWELL STREET AND A PORTION OF TRUEHEART AVENUE IN THE CITY OF WICHITA FALLS, TEXAS, FIRING TIME AND PLACE FOR HEARING TO OWNS% OF ABUTTING PROPERTY AND OTHEMS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE. Whereas, the Board of Aldermen of the City of Wiphita Falls, Texas, has heretofore ordered that each of the hereinafter described portions of street and avenue in the City of Wichita Falls, Texas, be improved by raising, grading and filling same, by constructing and installing concrete curbs and gutters, where same are not already constructed on proper grade and line, and by constructing thereon a 7 inch Flexible Base Course with a 1 inch Type 'n Modified Asphalt Pavement Surface, together with incidentals and appurtenances, including storm sewers and drains, as and where shown on the Flans relating to said improvements and in strict accordance with the Plans and Specifications therefor, now on file with the City, and contract for the making and constructing of such improvements was made and entered into with Stuckey Constructing Company, a copartnership of Wichita Falls, Texas; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against abutting property and the owners thereof, and such estimates have been examined; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALIS, TEXAS, THAT: 1. Such estimates,be, and they are hereby, adopted and approved. 2. It is hereby found and determined that the cost of improvements on each portion of street and avenue, with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof on each such portion are as follows, to wit: On BRILIWEILSTREET, from the north curb line of Southern Avenue to the north property line of that portion of Keeler Avenue which intersects Bridwell Street on the east, known and designated as Unit No. 65; the estimated cost of the improve- ments is $6425.52; the estimated amount per front foot to be assessed against those parcels of property which abut and which front on said portion of Bridwell Street and against the owners thereof is $6.4090; the estimated amount per front foot to be assessed against those parcels of property which abut on said Bridwell Street but which front on some street other than Bridwell Street and against the owners thereof is $3.5280. On TRUEHEART AVENUE, from the west property line of Brook Avenue to the west property line of Baylor Avenue, known and designated as Unit No. 107: the estimated cost of the improvements is $7,031.42; the estimated amount per front foot to be assessed against those parcels of property which abut and which front on said portion of Trueheart Avenue and against the owhers thereof is $4.3946; the estimated amount per front foot to be assessed against those parcels of property which abut on said Trueheart Avenue but which front on some street or avenue other than Trueheart Avenue and against the owhers thereof is $3.5155. 3. A hearing be given and held by and before the Board of Aldermen of the City of Wichita Falls to all owning or claiming any property abutting upon said portions of street and avenue, as well as a1l owning or claiming any interest in any such property. Such hearing shall be given and held on the 10th day of March, A.D. 1952, at 7-30 o'clock P.M. in the Council Room in the Memorial Auditorium in the City of Wichita Falls, Texas, and the City Clerk is hereby directed to give notice of the time and place of such hearing and of other matters and facts in accordance with and under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, together with all amendments thereto, said act now shown as Article 1105b of Vernon's Texas Civil Statutes, under which law these proceedings are taken and had. Such notice shall be by advertisement inserted at least three times in a newspaper published ihi the City of wichita Falls, Texas, the first publication to be made at least ten (10) days p before the date of said hearing. This resolution shall take effect and be in force immediately from and after its passage. ' 131 Moved by Alderman Ray that Resolution No. 193 be adopted and passed as read. Motion seconded by Alderman Thomas and carried by the following vote: Yeas: Aldermen Thomas, Ray, Montgomery and Brown. Nays: None. The request of the Gilmore Paint & Body Works for permission to install certain signs on the highway at 5th & Cliff Street, more particularly described as 419 Cliff Street, was, by common consent of the Council, referred to the State Highway Department. RESOLUTION NO. 194 BE IT RESOLVED BY THE BOARD OF ALDERMEN CV THE CITY OF WICHITA FALls, TEXAS, THAT: In order to promote the golf game among the high school students and to promote the Wichita Falls Senior High School Golf Team, the Park Department is authorized to issue to high school players not to exceed ten free passes to play golf at the Weeks Park Municipal Golf Course, said passes to be issued at the request of the principal of the Wichita Falls High School, the Coach of the Wichita Falls Senior High School Golf Team. Such passes to be issued £or a one year period and are to be discontinued upon the graduation of the player or upon his withdrawal from the golf team or by request of the High School Coach or Principal. Moved by Alderman Montgomery that Resolution No. 19h be adopted and passed as read. Motion seconded by Alderman Brown and carried by the following vote: Yeas: Aldermen Thomas, Ray, Montgomery and Brown. Nays: None. Moved by Alderman Ray that the Board of Aldermen authorize the issuance of a permit to the Texas Company to install a 3000:gal. underground gasoline storage tank, between the curb and sidewalk, at 2)8 Scott, 1408 Scott and 1418- s llth St., respectively, providing that same are installed in accordance with requirements of the City Engineer. Motion seconded by Alderman Montgomery and carried. Moved by Alderman Thomas that permission be granted to the Wichita Foster Advertising Co. to turn wa lights on*ige:'oh building adjoining: the City owned parking lot at Ohio & 9th St. • Motion seconded by Alderman Ray and carried. • Moved by Alderman Brown that the Board of Aldermen authorize payment of the sum of $1916.62, to the Wichita Falls Baseball Club, reimbursing them for repairs to the Ball Park, caused by damages to the park by a severe hail storm during the year 1951; this being the unspent balance collected from the Insurance Company; and further to direct the City Clerk to draw a warrant for the same. Motion seconded by Alderman Montgomery and carried. Moved by Alderman Thomas that permission be granted to the State Game, Fish and Oyster Commission to erect a boat house at Lake Eickapoo, 15 or 20 feet North of the Cox boat house, which location has been approved by John P. Rebmann, Director of Utilities. Motion seconded by Alderman Brown aid carried. 132 Mo ed by Alderman Thomas that the Board of Aldermen authorize the execution ofater Main Contractsby and between Ralph Hines, Raloph Hines, Jr. Hearne F. Hines and Joe A. Best, Jr., dba Sunny Side Development Co., and the City of Wichita Falls, in accordance with terms and conditions stated in said contracts reviewed by the Council, and further to authorize Mayor Harold Jones to execute same for and on behalf of the City. Motion seconded by Alderman Brown and carried. {" •r4 A Public Hearing was held on Ordinance No. 1598, and there being no opposition voiced against the same, the following motion was had: ✓ Moved by Alderman Thomas that the Public Hearing of Ordinance No. 1598 be closed. Motion seconded by Alderman Brown and carried. ORDINANCE NO. 1598 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LANDS ADJACENT TO THE PRESENT TERRITORIAL LIMITS OF THE CITY, THE SAME LYING IN A SOUTHEASTERLY DIRECTION FROM THE PRESENT CITY LIMITS OF THE CITY, ALL OF WHICH LANES ARE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE. Moved by Alderman Brown that Ordinance No. 1598 be approved and passed as read. Motion seconded by Alderman Raq•and carried by the following vote: 7 1I Yeas: Aldermen Thomas, Ray, Montgomery and Brown. Nays: None. Moved by Alderman Thomas that the Board of Aldermen approve payment to the Wichita General Hospital the sum of $8699.34, for charity patients for January, 1952, and to direct the City Clerk to draw a warrant for the same upon like payment by Wichita County. Motion seconded by Alderman Brown and carried. _ 1 Moved by Alderman Ray that the Board of Aldermen approve and authorize the execution of a water main contract by and between C. L. Rogers and the City of Wichita Falls, for water mains in Riviera Farkway, 1n accordance with the terms and conditions recited in said contract, and further to authorize Mayor Harold Jones to execute the same for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Thomas and carried. RESOLUTION NO. 196 4 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager, in case of his absence from the City, may appoint the head of any department of the City that he selects to the position of Acting City Manager, with full authority to act in his behalf, including the execution of all contracts and the signing of warrants or vouchers; such appoint- ment to be made in writing and filed with the City Clerk. Moved by Alderman Thomas that Resolution No. 196 be approved and passed as read. Motion seconded by Alderman Brown and carried by the following vote: Yeas: Aldermen Thomas, Ray, Montgomery and Brown. Nays: None. 133 ORDINANCE NO. 1604 AN ORDINANCE AMENDING SECTION S OF ORDINANCE NO. 1596 AND PROVIDING THAT THE DIRECTOR OF PERSONNEL OF THE CITY OF WICHITA FALLS RATHER THAN THE CITY CLERK BE THE AUTHORIZED CITY OFFICIAL TO CERTIFY EMPLOYMENT RECORDS. TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM AND TO MAKE AND EXECUTE ALL OTHER REPORTS AND CERTIFICATES THERETO FOR THE CITY OF WICHITA FALLS, AND DECLARING AN EMERGENCY.' • Moved by Alderman Montgomery that Ordinance No. 1604 be approved and passed as read. Motion seconded by Alderman Thomas and carried by the following vote: Yeas: Aldermen Thomas, Ray, Montgomery and Brown. Nays: None. Moved by Alderman Ray that the Board of Aldermen approve and ratify the action of the City Clerk and City Manager, for payment of the sum of $800.00 to C. W. Gilliland and wife, and 0. C. McDonald, their attorney, evidenced by Voucher #53-1225 dated Feb. 13, 1952, as a compromise settlement for their claim for damages for personal injuries sustained December 9, 1951. Motion seconded by Alderman Montgomery and carried. Moved by Alderman Thomas that the Board of Aldermen approve and authorize the execution of a Consent and Attornment, ' to First Supplement to Airport a set 'Agreement, by and between Fulcher Armstrong dba Wichita Falls Air Transport Company, and Braniff Airways, Inc., dated February 25, 1952; further to authorize Mayor Harold Jones to execute the same for and on behalf of the City of Wichita Falls; a copy of which is being retained in the Office of the City Clerk for fut,i'e reference. Motion seconded by Alderman Montgomery and carried. Moved by Alderman Thomas that the Falls Park Homes Housing Project Plat be approved by the Board of Aldermen, subject however, to the City Engineer's approval, copy of the plat to be attached hereto and made a part of the records hereof, when and at such time as the Plat is approved by the City Engineer. Motion seconded by Alderman Montgomery and carried. Moved by Alderman Ray that the meeting be adjourned. Motion seconded by Alderman Thomas and carried. The Board of Aldermen then adjourned. ���� APPROVED this the /Q day of 7�`Q�%1//v, 1952. dyor V-65/11-4' ATTEST: o / ✓ V ity Clerk 8..kiCE To all owning or claiming my prop- Arty abutting upon the hereinafter sto- ried ortion of Bridvrell et and t of pWichitalhFail,Avenueexas Band the in AFFIDAVIT OF PUBLICATION ,1 owning or claiming any interest lin any such property; The Board of Aldermen of the City THE STATE OF TEXAS of Wichita Falls, Texaa. has hereto- fore ordered that each of the herein- COUNTY OF WICHITA n iter described portions of street and avenue In the City of Wichita Falls, Texas,be improved by raising,grading and filling same, by constructing and Installing concrete curbs and gutters. p L� where same are not alreadygradeanline,ln On this 29th day of..F:..e.bl:u.ry 194/52. a▪nd nston•proper thereono and h and by constructing a 7-inch FlexiType le Base Course witAsphalt a avoinc h Sure ,"Q"—Modifiedogeh A ithalt P i emens Surface, together with incidentals and appurtenances, including storm personally appeared before me, the undersigned authority, sewers and drains, as and where shown on the Plans relating to said improvements end in strict accordance with the Plans and Specifications therefor. now on rile with the city, Sarah Evans bookkeeper for the and contract for the making and con- strutting of such improvements was made and entered into with Stuckey Construction Company, a copartner- Times Publishing Company of Wichita Falls, publishers of the Wichita ship of Wichita Falls, Texan. Estimates of the coats of such hn- provements each portion of street and avenue f to be Improved have been Falls Record News, a newspaper published at Wichita Falls in Wichita prepared and approved. The portions of said Street and avenue so to be Improved, together County,Texas, and upon being duly sworn by me,on oath states that the with the estimated cost of the im- provements for each such portion of street and avenue, and the amount or amounts per front foot proposed attached advertisement is a true and correct copy of advertising published to be assessed against the abutting property and the owners thereof, are as follows: On BRIDWEIL STREET, from the Three � \ north curb line of Southern Avenue i issues thereof on the following dates: to the north property line of that portion of Keeler Avenue which in- tersects Bridwell Street on the eest, known e and estimated designateds as Unit No.65: February27 28 and 29th m the eat i is $ coat of the Improve- t t 194�.52 manta $8ont.5f: the estimated amount per front foot to be assessed against those parcels of property which _C� abut and which fronton said portion of owners thereof Street$ and against the moun thereof b$ o the estimated amount per frontp foot to be y9wrich Bookkeeper for Times Publishing Company against those parcels of property which � / �' V abut on said Bridwell Street but which of Wichita Falls front on acme street other than Brld- well Street end against the owners thereof 1s$3.5280. Ont pBUE y line AVENUE.from the Subscribed and sworn to before me this dayand west property 8tT ofV Brook he year first above to the west property Iine of Bavlor written. Avenue.known and designated as Unit No. 107: the estimated oast of the ` improvements Is $7.031.42: the esti- mated amount per front foot to be assessed against those parcels of Prop' .. ......._.......................................�............. ... sass...... arty which abut and'which front sea said portion of Trueheart Avenue and against the owners thereof is $4.3946: the estimated amount per front foot to be assessed against those parcels of propery which abut on said Truebeart Avenue but which front on some street or avenue other than Trueheart Avenue and against the owners thereof is $3.5155. A hearing will be given and held by and before the Board of Aldermen of the City of Wichita Falls, Texas, on the 10th day of March,A.D.,1952. at 7:30 o'clock. p.m., in the Council Room to the Memorial Auditorium In the City of Wichita Falls, Texas, to {all owning or claiming any property abutting upon each said portion of street and avenue, and to all owning or claiming any interest In such prop- erty. At said time and place,all own- ing or claiming such abutting property or any Interest therein. shall be and appear and will be fully heard con- cerning slid improvements, the cost thereof, the amounts to be assessed therefor, the benefits to the respective parcels of abutting property by means of the Improvements on each said por- tion of street and avenue upon which the property abuts.and concerning the regularity. validity and sufficiency of the contract for and all proceedings relating to such improvements and proposed assessments therefor. and concerning any matter as to which they are entitled to hearing under the law in force in the City and under the proceedings of the City with reference to said matters. Following such hear- ing.,assessments will be levied against abutting property and the owners thereof, and such assessments, when levied. shall be a personal liability of the owners of such property, and a first and prior lien.except es to State. County. School District and City ad valorem tacos upon the property as provided by the law In force In the City and under which the proceedings are taken and had, being the Act passed at the First Called Session of the Fortieth Legislature of the State of Texas. known as Chapter 106 of the Acts of said section,together with any ameddinents thereto, and now shown as Article 1105b of Vernon's Texas Civil Statutes, I The mstrements on u each said constitutet tt n of et and avenue an entirely separate and distinct unit of improvement. all to the same ex- tent as if entirely separate and dis- tinct proceedings had been taken with reference to the improvements and assessments therefor In connection with improvements on each said por- tion of street and avenue. and the assessments against the property abut- 'ting upon one unit shall be and are in nowise affected by any fact or cir- cumstance relating to or connected with the Improvements 1n the other unit. Of all said matters and things, all owning or claiming any such protect! 1 or any Interest therein. as well as, all others in anywise interested or affected.will take notice. DONE by oder of the Board of Alder- men of the City of Wichita Falls, Texas,this 25th day of February.A.D.. 1952. (Scott GEO.T.HENDERSON, City Clerk.City of Wichita Falls,Texas Approved as to Form: T.W.FRTBERO, City Attorney