Loading...
Min 11/09/1953 340 Wichita Falls, Texas Memorial Auditorium Building November 9, 1953 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 8:00 o'clock P.M., with the following members present: Kindel Faulk Mayor R. P. Willis 0 Lloyd C. Thomas 0 Jack L. Hammond 0 Aldermen ,pr. E,DAeyn Cox 1 ��etu'Yt ro Geo. T. Henderson City Clerk Bill N. Taylor City Manager J. Walter Friberg City Attorney • Moved by Alderman Willis that the Minutes of the regular meeting held October 12th and the Minutes of the Called meeting held Oct. 19th, 1953, be approved. Motion seconded by Alderman Cox and carried. RESOLUTION NO.243 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on October 8, 1951 the City of Wichita Fails, acting by and through its duly constituted and acting Board of Aldermen, enacted its certain Ordinance No. 1575, and passed and approved the same and caused the same to be recorded in Ordinance Book No. 9 of the said City of Wichita Falls, which said Ordinance is captioned as follows: "AN ORDINANCE CLCSING AND ABANDONING THAT PORTION OF THE AUNT SITUATED IN BLOCK 195, ORIGINAL TOWNSITE OF WICHITA FALLS, WICHITA COUNTY, WHICH LIM SOUTH OF THE PROPERTY LBWS OF TENTH STREET AND NORTH OF THE PROPERTY LINES ON ELEVENTH STREET, BEING ALL THAT PORTION OF THE ALLEY SITUATED IN SAID BLOCK:" and WHEREAS, pursuant to said Ordinance said City of Wichita Falls abandoned all of the alley situated in Block 195 of the Original Townsite of Wichita Falls, Wichita County, Texas to S &G Corporation, a Texas corporation, owning the fee title at such time to all of said Block 195, upon the terms and conditions in said Ordinance set forth which were: (1) (Section III of said Ordinance) This ordinance is passed subject to the right of the City to ingress and egress on said property for the purpose of maintaining the sewer line situated in said alley and is also subject to the rights of other easement owners in said alley for the purpose of maintaining gas lines, telephone conduits and electric power lines. (2) (Section IV of said Ordinance) No building shall be built over said alley unless and until satisfactory arrangements have been made with the City Engineer with reference to the maintenance and upkeep of the sewer line and with the other easement owners with reference to their easements. ` rr• (3) (Section V of said Ordinance) This ordinance is passed upon the condition that in building buildings upon the Block in question that the S &G Corporation, its heirs and assigns will pro- vide adequate loading and unloading facilities within the property lines of said Block so that it will not be necessary to use the streets surrounding said Block for such purposes. and WHEREAS, said Ordinance and the record thereof is hereby referred to for all necessary purposes, and I ' 341 WHEREAS, the said City of Wichita Falls has removed its said sewer line from the said alley in said Block and the Lone Star Gas Company has removed its said gas main from the alley in said Block, and the said Southwestern Bell Telephone Company has removed its telephone lines and conduits from said alley in said Block, and WHEREAS, the Texas Electric Service Company has caused its power lines there- tofore existing upon said alley to be placed in underground conduits in said alley in which ingress and egress has been provided, all in accordance with an easement granted to said Texas Electric Service Company on January 31, 1952 and recorded in Volume 575 at Page 30 of the Deed Records of Wichita County, Texas, and WHEREAS, all of the easement owners in said alley, being, to-wit, the said City for its sewer line, the said Lone Star Gas Company for its gas line, the said South- western Bell Telephone Company for its telephone lines and conduits, and the said Texas Electric Service Company, have removed their said utility lines from the said alley so abandoned, in accordance with the provisions of the Ordinance referred to, SAVE AND EXCEPT the Texas Electric Service Company, which company has caused the said lines to be placed underground and its power lines in said alley now consist of an electric under- ground districution system in said alley to which ingress and egress has been provided satisfactory to the said City of Wichita Falls, Texas and the said Texas Electric Service Company, and WHEREAS, the said owner in and to the fee title of said Block 195 has provided adequate loading and unloading facilities within the property lines of said Block so that it will not be necessary to use the streets surrounding said Block for such purposes, and WHEREAS, on or about December 1, 1951, the said S &G Corporation conveyed all its right, title and interest in and to said Block aforementioned to Federated Department Stores, Inc., its sueessor in title to the fee in and to all of said Block 195, and WHEREAS, said Federated Department Stores, Inc. has fully complied with all conditions incumbent upon it and its predecessor in title, S &G Corporation, for per- formance under said Ordinance, and is entitled to evidence thereof, and NOW, THEREFORE, I, the undersigned, F. M. Rugeley, the present duly authorized acting and empowered City Engineer of the said City of Wichita Falls,Texas, being con- versant with the facts hereinabove set forth, and duly authorized by the Board of Alder- men of the City of Wichita Falls, Texas by resolution as hereinafter shown hereon, hereby certify that the facts hereinabove set forth are within my knowledge true and correct, and that the said Federated Department Stores, Inc., the present owner of the fee in and to the title to the said Block 195, being those conditions and requirements specified in Sections III, IV and V of the said Ordinance aforementioned, and further that I hereby execute this certificate evidencing such complete compliance in order that the same maybe placed for record and serve as evidence of such compliance to the world and particularly to subsequent purchasers of the said property in said Block or mortgagees thereof. WITNESS MY HAND this 9th day of November, 1953. /s/ F. M. Rugeley, City Engineer of the City of Wichita Falls, Wichita County, Texas. SWORN TO AND SUBSCRIBED BEFORE ME to certify which witness my hand and seal of office this 9th day of November, 1953. /s/A. L. Fitts, Notary Public in and for Wichita County,Tex. RESOLUTION OF THE BOARD OF ALDERMEN CITY OF WICHITA FALLS, TEXAS ON the date hereinafter inscribed, the City Engineer of the said City of Wichita Falls, Texas, duly presented to the Board of Aldermen of the said City the fore- going certificate relative to full and complete compliance by the owner of City Block 195 therein referred to, with Ordinance No. 1575 dated October 8, 1951 and recorded in Ordi- nance Book No. 9 of the said City, and the said City Engineer having certified to the said Board of Aldermen that said Ordinance has been fully and completely complied with and all obligations and conditions thereof incumbent upon the owner of the said Block 195, and having requested authorization to execute the certificate hereinabove set forth so certi- fying and the matters relative to the full and complete compliance with the obligations and conditions imposed by said Ordinance likewise being within knowledge of the said Board of Aldermen, upon motion duly made, seconded and unanimously adopted, it was resolved that the said City Engineer be and he hereby is authorized and empowered to execute said fore- going certificate, and the said Board of Aldermen by this its resolution so authorizing the City Engineer likewise for and on behalf of the said City of Wichita Falls, so certifies and confirms the said certificate of its said City Engineer. } ti; 342 Moved by Alderman Mason that Resolution No. 243 be adopted and passed as read. Motion seconded by Alderman Hammond and carried by,the following vote: Yeas: Aldermen Willis, Thomas, Hammond,ACdx and Mason. Nays: None. The Public Hearing on Ordinance No. 1665 was held. There being no opposi- tion voiced against the same, the following motion was had: Moved by Alderman Cox that the Public Hearing of Ordinance No. 1665 be closed. Motion seconded by Alderman Willis and carried by the following vote: Yeas: Aldermen Willis, Thomas, Hammond, Cox and Mason. Nays: None. ORDINANCE NO.1665 • AN ORDINANCE PROHIBITING THE ABANDONMENT OR DANGEROUS EXPOSURE OF ICEBOXES OR REFRIGERATORS IN CONDITION WHERE THEY MAY BECOME MENACES TO THE LIVES OF CHILDREN; PROVIDING PENALTIES; AND DECLARING AN EMERGENCY. Moved by Alderman Cox that Ordinance No. 1665 be approved and passed as read. Motion seconded by Alderman Willis and carried by the following vote: Yeas: Aldermen Willis, Thomas, Hammond, Cox and Mason. Nays: None. Mr. E. A. Nelson presented a petition, bearing 27 names of residents of the Nelson&Stohe Subdivision No. 1, requesting this addition be excluded from the City Limits. Attorney McFarland, representing citizens of this Addition, requested that same be removed from the City Limits for obvious reasons. The matter was discussed at length and by common consent of the Council, same was deferred for further study. Mayor Faulk delegated Aldermen Mason and the City Attorney to look into the matter. 11m``�'e Atty Filmore, representative of residents of an area adjacent to Sunnyside Heights Addition, again came before the Board of Aldermen requesting action to correct an apparent drainage situation in that area. The matter was discussed at length, where- upon the following motion was had: 16/ Moved by Alderman Mason'that proper officials of the State Highway Department be approached for assistance in making an engineering survey of the situation at or near the Scott Underpass and the area affecting the same, also to seek substantial financial assistance of the State Highway Department to provide funds for the necessary expenditures to correct the situation. Motion seconded by Alderman Thomas and carried. n1ti The claim of Mrs James A. Watson for damages as alleged by her attorney, as. K. Walsh, was presented to the Board of Aldermen, whereupon the matter was referred to the City Attorney, J. Walter Friberg. Moved by Alderman Hammond that the Board of Aldermen authorize the issuance of a permit to Sinclair Refining Co. to install 3 - 3M gal. underground gasoline storage tanks at their service station located in Parker's Square, providing the same is installed in accordance with requirements of the City Engineer. Motion seconded by Alderman Cox and carried. 343 Moved by Alderman Willis that the Board of Aldermen authorize the issuance 4e: of a permit for installation of the following: 2 - 3,000 gal. Underground Storage tanks (gasoline) 1 - 4,000 m Underground Storage tank „ 1 - 550 „ Underground Storage tank 4 Electric computing Pumps 1 Banjo Type Trade Mark Sign, between the curb and eidewalk, at the proposed Texaco Service Station located at East Scott& Denison Street, providing the said gasoline storage tanks and sign are installed in accordance with requirements4111 of the City Engineer. It is expressly understood and agreed that the permit for the sign is good for a period of one year only from date hereof, and the City may cause removal of the same at expiration date by giving 30 days notice in writing. Motion seconded by Alderman Thomas and carried. } Moved by Alderman Thomas that the Board of Aldermen approve and authorize the, following tax refunds, both personal and real, for the following reasons: To Wilburn T. Gann, Jr. the sum of $5.12 for 1953 personal tax, paid in error. To Eunice M. Wolf, the sum of $30.08, for 1953 taxes paid in error on Lot 1, Blk 79, Floral Heights Addn. To Republic National Life Ins. Co. the sum of $5.76, for 1953 tax paid in error on Lot 15, Blk 1, KempFair Park Addn. To A. D. Knight, the sum of $8.96 for 1953 personal tax paid in error. To Frances A. Dickinson the sum of $3.84 for 1952 taxes paid in error on Block In glewood nglewood Place. To Mrs Polly Hoffman Cox, the slum of $5.44 for 1952 personal taxes paid in error, Further, to authorize and direct the City Tax Assessor and Collector, or the City Clerk, to refund each of the aforesaid. Motion seconded by Alderman Hammond and carried. Moved by[Alderman Thomas that the Board of Aldermen authorize the execution of a corrected Municipal Construction Agreement by and between the State of Texas Highway Department and the City of Wichita Falls, applicable to Ordinance No. 1657, passed and approved August 24, 1953; further to authorize and empower Mayor Kindel Faulk to execute the corrected Agreement for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Cox and carried. Moved by Alderman Thomas that the Board of Aldermen authorize payment to Hughes Development Co. Inc. the sum of $1078.63, being payment due Oct. 1, 1953, on a Supplemental Sewer main contract in Faith Village, Unit 1, entered into by and between Hughes Development Co. Inc. and the City of Wichita Falls Aug. 24, 1953;. further to direct the City Clerk to draw a check for the same. Motion seconded by Alderman Mason and carried. Moved by Alderman Thomas that the Board of Aldermen authorize payment to Hughes Development Co. Inc. the sum of $5492.16, being payment due Oct. 1, 1953, on Supplemental Water Main contract in Faith Village, Unit 1, by and between Hughes Development Co. and the City of Wichita Falls Aug. 24, 1953; further to direct the City Clerk to draw a check for the same. Motion seconded by Alderman Mason and carried. Moved by Alderman Cox that the Board of Aldermen approve and ratify the action of the City Clerk and City Manager, for payment to Wichita General Hospital the sum of $8434.45, for September charity patients. Motion seconded by Alderman Mason and carried. { 4, 31414 ORDINANCE NO. 1671 AN ORDINANCE LICENSING AUCTIONERS, PROVIDING FOR AN APPLICATION FOR SUCH LICENSE, ITS ISSUANCE AND DURATION; SUCH APPLICATION TO BE MADE UNDER OATH AND THE INFORMATION TO BE SHOWN THEREIN; REQUIRING A SWORN INVENTORY OF GOODS TO BE AUTIONED TO ACCOMPANY SUCH APPLICATION; PERMITTING ONLY SUCH GOODS AS ARE INCLUDED IN THE INVENTORY TO BE SOLD; PROVIDING FOR A LICENSE FEE; PROVIDING FOR A RIGHT OF APPEAL WHERE &PFLICATION FOR LICENSE IS' REFUSED; PROVIDING FOR A BOND IN THE AMOUNT OF FIVE THOUSAND ($5,000) DOLLARS TO BE REQUIRED OF ALL APPLICANTS FOR LICENSE SETTING FORTH CONDITIONS OF BOND; PROHIBITING MISREPRESENTATION IN CONNECTION WITH SALES AND "CAPYLtS," "BOOSTERS"AND "BY-BIDDERS"; REQUIRING INVOICE TO BE GIVEN WITH EACH SALE OF EACH INDIVIDUAL ARTICLE; REQUIRING DUPLICATE COFIDS OF THE SAME TO BE KEPT; PROHIBITING SALES ON VACANT LOTS, STREETS, SIDEWALKS, ALLEYS OR OTHER PUBLIC PLACES; PROHIBITING SALES BETWEEN 6:00 WAND 8:00 A.M. OF ANY DAY; AND PROVIDING A PENALTY FOR THE VIOLATION HEREOF. Moved by Alderman Willis that Ordinance No. 1671 be introduced and a Public Hearing be held on same at the next regular meeting to be held November 23, 1953. Motion seconded by Alderman Hammond and carried. Moved by Alderman Mason that the Board of Aldermen authorize the widening of the West aide of Brook Street, from 8th St. to 9th St.; the City to furnish the usual engineering and grading costs, and in addition, to pay an additional cost of 25 percent of the actual paving. Motion seconded by Alderman Willis and carried. Moved by Alderman Willis that the Board of Aldermen approve and authorize sale of the following tract of land to E. B. Bailey, for a consideration of $650.00; ✓ All that certain lot, tract or parcel of land, being a part of the Noble & Henderson Subdivision of Block 265, Original Townsite of the City of Wichita Falls, Texas, more particularly described, as follows: BEGINNIN at a point in the West property line of Holliday Street 214.0 feet North 35 0' West of the Southeast corner of the Noble & henderson Subd. of Block 265, Original townsite of the City of Wichita Falls, Texas, said corner being the intersection of the North line of Sixth Street with the West line of Holliday Street; THENCE continuing North 35° 0' West along the West property line of Holliday Street 23.6 feet to a point in the South right of way line of U.S. Highway 277, being 110 feet distant from the center line of said highway when measured at right angles; THENCE West 56.4 feet along the South right of way line of U.S. Highway 277 to a point in the East property line of Brook Avenue; THENCE South along the F.+at property line of Brook Avenue 68.0 feet to a point; THENCE North 55° 0' East 85.0 feet to the place of beginning. Containing within these metes and bounds .064 acres of land more or legs; further, to authorize and empower Mayor Kindel Faulk to execute a deed to same for and on behalf of the City of Wichita Falls, Texas. Motion seconded by Alderman Mason and carried. Moved by Alderman Mason that the Board of Aldermen approve and authorize sale ' of the following tract of land to Martin Properties, Inc., for a consideration of $800.00; All that Certain lot, tract or parcel of land, being a portion of Lot 3, Block ll, Sunset Heights Addition to the City of Wichita Falls, Texas, more particularly des- cribed, as follows: BEGINNING at the Southwest corner of Lot Number Three (3) of Block Number Eleven (l1), Sunset Heights Addition to the City of Wichita Falls, Wichita County, Texas; Thence, North 214.8 feet to the South line of Fifth Street which is also described as State Highway No. 30; THENCE South 87° 59' East to a point where the South line of Fifth Street intersects the East line of Lot Number Three (3), Block Eleven (11); THENCE South along the East line of Lot Number Three (3), a distance of • 19 feet, to the Southeast corner of said Lot which is also the Northeast corner of Lot Number Four (4); 3145 THENCE West along the South line of Lot Number Three (3) 120 feet to the place of beginning; Further, to authorize and empower Mayor Kindel Faulk to execute a deed for the same for and on behalf of the City of Wichita Falls, Texas.(The above motion made in lieu of a motion duly passed and approved Aug.24,1953) Motion seconded by Alderman Hammond and carried. • Moved by Alderman Cox that the meeting be adjourned. ti Motion seconded by Alderman Willis and carried. The Board of Aldermen then adjourned APPROVED this the day of ✓, 1953. }} Mayor ATTEST: City Clerk • 4111, 1 a ` t�s