Min 07/15/1920 July 15, 1920.
The Board of Aldermen of the City of Wichita Falls, Texas, met in
regular session on the above date for the transaction of the business of
the City, witch Mayor W.D. Cline presiding, and Aldermen Bralley, Bonner,
MoDoWell, and City Clerk Thorburn in attendance.
The minutes of the last meeting were read and approved.
Mrs. Harry Robertson came before the Council and requested the
Council to name a Street directly North of the Austin School, and the
Mayor referred the matter to the City Engineer, and requested report at
next meeting.
A Committee representing the Welfare Committee consisting of
Mrs. Ousley, N. Martin and J.C. Hunt, appeared before the Council with a
request that a special police woman be appointed and assigned to the
Railroad Depot, and Alderman Bonner moved that Mrs. S.B. Crozier be appoint-
ed at a salary of $130.00 per month, which motion was seconded by Alderman
McDowell and carried.
Moved by Al derman Bonner that F.S. McMillen, and C.W. Andrea be
permitted to install a Gasoline Filling Station At 1505 Lamar Ave. under
the usual provisions, to-wit: That the said F.S. McMullen and C.W. Andree
their legal representatives, successors, .admin:strators, and assigns shall
hold the City harmless from any damages that may be caused by the instal-
lation of said Gasoline Filling Station, and that same be installed under
the superviston of the City Engineer, and that same be removed at anti
time on request of the City Cnneil,
which motion was seconded by Alderman McDowell and carried.
Moved by Alderman Bonner that the Smith Auto Sales de, be permit.
ted to install a Gasoline Filling Station at 909 Lamar under the newel
provisions, to-wit: That the said Smith Auto Sales Co., their legal rep-
resentatives, successors, administrators, and assigns shall hold the
City harmless from any damages that may be caused by the installation of
said Gasoline Filling Station, and that same be installed Ander the super-
vision of the City Engineer, tad that same be removed at any time on
request of the City Council,
which motion was seconded by Alderman McDowell and carried.
Moved by Alderman Bonner that the purchase of two Ford cars
at $730.11, and $728.61 respectively for the Engineering Department,
and one Ford Car for the Police Department at $728.61 be ratified and
approved,
which motion was seconded by Alderman McDowell and carried.
ORDINANCE # 293.
"An ordinance granting the right and priviledge and franchise
to the Interstate Pipe Company to lay build, construct, operate, and
maintain a spur track from the main line of the M g & T Railway Co.
diagonally across Washington Street, and over and along the East side of
Missouri Street from its intersection with Washington Street to the
South line of Jefferson Street and maintain same for ten years",
was on motion of Alderman McDowell, seconded by Alderman Bonner
placed on its second reading by the following yea and nay vote:
Alderman Bonner yea
" McDowell yea
" Bralley yea
Mayor Cline then declared Ordinance #293 passed on its second
reading by all the Aldermen present voting yea.
•
ORDINANCE # 294.
"An ordinance to amend Ordinance #106 entitled "An ordinance
regulating the manner and place at which porters, runners, and drummers
for hotels and other public houses, and drivers soliciting for carriages
transfer or other public conveyance for patronage ar business and to
provide penalties for violation of the same"' passed by the city Council
of the City of Wichita Falls, Texas on the 4th day of November, 1908, and
approved on the same day by T.B. Noble, Mayor,
was on motion of Alderman McDowell, seconded by Alderman Bralley,
placed on its first reading by the following yea and nay vote:
Alderman Bonner yea
" McDowell yea
Bralley yea
Mayor Cline then declared Ordinance #294 passed on its first
reading by all the Aldermen present voting yea.
ORDINANCE # 295.
"An ordinance to amend Sec. 14 of Ordinance #108, entitled "An
ordinance granting a franchise to Joseph A. Kemp and Frank Kell of
Wichita Falls, Texas, and their associates and assigns to construct and
maintain a street car line over and along certain streets of the City
of Wichita Falls, Texas" which ordinance was passed b; the City Council
of said City on the 27th day of January, 1909, and approved on the same
day by T.H. Moble, Mayo,
was on motion of Alderman McDowell, seconded by Alderman Bralley
placed on itd first reading by the following yea and nay vote:
Alderman Bonner yea
McDowell yea
Bralley yea
May Cline then declared Ordinance #295 passed on its first read-
ing by all the Aldermen present voting yea.
ORDINANCE ## 296
" An ordinance to amend Section 4 of Ordinance No. 87 passed on
the 15th day of July 1907, and approved July 16th, 1907 by T.B. Noble,
Mayor, so as to make it unlawful 5 r any person or persons to use any
portion of any sidewalk, street, or alley, for the purpose of displaying
goods, or for advertising purposes, and that no trash and garbage cans
shall be placed on sidewalks, streets, or alleys, except those placed
there by the City"
was on motion of Alderman McDowell, seconded by Alderman Bralley,
placed on its first reading by the following yea and nay vote:
Alderman Bonner yea
McDowell yea
Bralley yea
Mayor Cline then declared Ordinance #296 passed on its first read-
ing by all the Aldermen present voting yea.
ORDINANCE # 297.
"An ordinance of amend Section 1 of Ordinance No. 109, passed by
the City Council of the City pf wichita Falls, Texas, on the 23d of February,
1909, and approved on same day by T.B.Noble, Mayor, so as to increase
certain inspection gees therein provided for, and which shall hereafter
read as follows:
was on motion of Alderman McDowell, seconded by Alderman Bralddy
placed on its first reading by the following yea and nay voted
•
•
Alderman Bonner yea
" McDowell yea
y Bralley yea
Mayor Cline then declared Ordinance # 297 passed on its first read-
ing by all the Aldermen present voting yea.
Moved by Alderman Bonner that the resignation of J.F. Maxwell be
accepted,
\which motion was seconded by Alderman Bralley and carried.
Mr. C.E. Calder then came before the Board of Aldermen and made the
following proposition:
July 15, 1920.
To the City of Wichita Falls ,
Hon. Walter D. Cline, Mayor.
Referring to the sale and purchase by you of the water system in
the City of Wichita Falle , the undersigned, C.E. Calder, hereby promises
to cause to be conveyed to the City of Wichita. Falls, for the consideration
hereinafter mentioned, certain property of the WichilaFalls Water Company,
as set cut in Exhibit "A" hereto attached and made a 'part hereof, and also
in connection therewith certain property of the Wichita Falls Electric Com-
pany, as set out in exhibit "A" hereto attached. Said properties to be
conveyed to the City free of all liens and encumbrances except taxes for the
year 1920, which will be paid by the City. The consideration for ,,ssaid con-
veyances to be Eight Hundred Thousand Dollars (000,000.00)., . !/forty year
five per eent Coupon Gold Bonds of the City of Wichita Falls, Prepared in
form for New York Delivery, bearing date of February 10, 192D , and bearing
interest from that date, said bonds to be issued in pursuance of the previous
orders of the Board of Aldermen and as already voted upon by the people.
Thee proposal is made conditioned upon said bonds being regularly and legally
issued and approved, including the sale of the Bonds by the City, and sub-
ject to the opinion of my counsel to that effect. It is further understood
that the City will assume two certain contracts heretofore made between the
Wichita Falls Water Company, and the Wichita Falls Electric Company, of date
February 2, 1920, one of said contracts marked and known as General Contract
and the other of said contracts marked and known as Pumping Contract. The
City furthermore to assume all obligations and liabilities of the Wichita
Falls Water Company with respect to certain water main extensions heretofore
made or contracted to be made by said Company in and to certain additions in
and to said City of Wichita Falls, and in the vicinity thereof.
As a plan to carry out this proposal, if accepted, I suggest the
following: I will cause the Wichita Falls Water Company and the Wichita
Falls Electric Company to execute proper conveyances to the City of Wichita
Falls embracing said properties, same to be free and clear of all liens and
encembrances and with releases of existing encumbrances and deposit same in
the City National Bank of Commerce of Wichita Falls, subject to the inspection
of the City or its attorney, and in the meantime the City will issue said
bonds and deposit the same, after approval by the proper authorities with
said Bank subject to the inspection of mg,stilt or my attorndyf. If said con-
veyances are acceptable to you and said bonds are acceptable to me said
Bank can make the exchange, delivering said conveyances to you and said
bonds to me or my order.
This proposal, if acdepted, contemplates that each of the parties
hereto will proceed at once to perform his undertaking without unnecessary
delay and with all reasonable dispatch, so that the matter may be consumated
on or before the 1st day of August, 1920. In order to facilitate the trans-
action I will accept temporary printed or typewritten bond or bonds, same
to be exchanged for permanent bonds as above described prepared and furnished
by the City within such reasonable time as it may be able to have the same
done not to exceed sixty (60) days from this date.
In connection herewith it is also a part of my proposal that on the
consummation of this transaction the same be considered and treated as of the
31st day of July, 1920, and that from said date the operation and construction
which may be carried on by the present company shall be considered as having
been carried on for the City and its account a true record of these matters
being kept by the company and submitted to the City or its representative for
verification. meter readings to be prorated as of August 1st, 1920.
If this proposal is accepted I will be pleased to have you pass the
resolution which accompanies this proposal, furnishing me with a certified
copy thereof, which together with this letter will constitute the und8r-
standing and agreement between us.
Yours truly,
(Signed) C.E. Calder
EXHIBIT "A"
SCHECULE OF PROPERTY PROPOSED TO BE CONVEYED TO THE CITY OF WICHITA •
FALLS IN CONNECTION WITH THE PROPOsAT, OF C.E. CALDER
TO THE CITY OF WICHITA FALLS, TEXAS.
1 & 11.
All those priviledges, easements, rights of way, dam site, and those
certain lots, pieces and parcels of land situated, lying and being in the
Coun'ies of Wichita and Archer, State of Texas, and occupied by Lake Wichita,
an artificial lake, located about 5.5 miles south, 26 degrees west from the
County Court house in the City of Wichita Falls, Wichita County, Texas; all
the above being more fully described in a certain conveyance made on the 16th
day of August, 1912, by the Texas Utilities Corporation to the Wichita Falls
Electric Company, and recorded in the Deed Records of Wichita County, Texas,
Volume 62, Page 228, and in the Archer County Deed Records, Volume 50, Page 271
to which deeds and each record thereof, as above stated, reference is here
made.
111.
That certain lot, piece or parcel of land& lying and being in Wichita
County, State of Texas, out of the John A. Scott survey No. 10, bounded and
described as follows:
Beginning at a point on the east line of the northwest quarter of the
John A. Scott Survey, i10, said point being 235 feet south from the northeast
corner of said northwest quarter; Thence east 222 feet; Thence south 2 degrees
and 30 minutes east 539 feet; Thence south 2 degrees west 517 feet; Thence
north 89 degrees and 30 minutes west 667 feet; Thence north 24 degrees west
17 feet; Thence north 66 degrees east 240 feet; Thence north 37 degrees and
18 west 232.3 feet; Thence south 70 degrees and 15 minutes west 187 feet;
Thence north 24 degrees west 201.3 feet; Thence north 35 degrees east 330.6
feet; Thence north 136 feet; 4henee north 70 degrees and 45 minutes east
103.6 feet; Thence south 82 degrees east 62.2 feet; Thence north 36 degrees
east 120 feet; Thence south 62 degrees and 45 minutes east 120 feet; Thence
north 18 degrees east 165 feet; Thence east 51 feet to the place of beginning
and containing 15.03 acres.
14.
That certain lot, piece or parcel of land in the City of Wichita Falls,
Wichita County, Texas, bounded and described as follows:
All of lot No.6 and the southern portion of lot No.7, adjoining said
lot No.6, both out of block 190, of the City of Wichita Falls, Texas, as shown
by plat or map thereof on record in the Deed Records of Wichita County, Texas,
said portion of lot No.7 hrerin conveyed being 28 feet in width on its eastern
can and 25.8 feet in width on its western end;
it being undetstood and agreed that the buildings, structures, improve-
ments and property now located on the premises described in Paragraph 1V above
are not to Je included in the conveyance of said premises, but the same are all
excluded therefrom, as the property of the Wichita Falls Electric Company, and
it being further iinnerstood that said City of Wichita Falls shall assume and
bear all expenses caused by connection with, or incideftt to the removal of all
said buildings, structures and improvements from said premises, and in placing
same upon any othe r lot or lots owned by said Wichita Falls Ehictrie Company,
at the time of such removal, and in placing same in reasonable condition for use
and occupancy.
V.
The entire water distributing system at present used for the
distribution of water in the City of Wichita Fails, and all its outlying
additions and suburbs, now belonging to and used by the Wichita Falls Water
Company, in the conduct and operation of its water business in the said City
of Wichita Falls, Texas.
vl.
Also all other property, real, personal and mixed (save and
except its right to be a corporation, its corporate records, cash on hand,
its bills, Mites and accounts receivable, and certain lots and parcels of
land heretofore contracted by Wichita Falls Water Company to be conveyed
to the Wichita Falls Electric Company) now owned by the Wichita Falls Water
Company and wheresoever situated„including (without in any wise limiting
or impairing by the enumeration of the same, the scope and intent of the
foregoing, or of any general description contained in this exhibit) all plants',
systems, lands and rights of way; all machinery, engines, biolers, motors,
electric and mechanical appliances, conduits, cables, water and other pipes,
settling basins, purifiers, sedimentation equipment, filtration plant,stand
pipes, pumping equipment, fire plugs, tools, fixtures; all mains, and all
rights, priviledges and franchises to erect or lay said mains over, under or
through any private lands or buildings; and any and all interest in the same
now owned by the Wichita Falls Water Company.
After consideration of the proposal of C.E. Calder by the
Council, Alderman Bonner moved that the following resolution be adopted,
which motion was seconded by Alderman Bralley and carried.
RESOLVED: That the proposal of C.E. Calder for the sale and
purchase by the City of the waterworks -ystem of Wichita Falls, after due
consideration, be and is hereby accepted, subject only to the provisions and
conditions hereinafter stipulated. The Mayor is hereby ordered to furnish
Mr. Calder a certified copy of this resolution, and the action of the board.
It is ordered that the Mayor take all necessary steps to have
issued the said bonds of the City, and to obtain the approval of the Attorney
General thereto; and generally to do whatever may be necessary in the premises,
after the conditions herein contained have been complied with.
44 it is provided that all title papers, contracts, deeds,
abstracts and other instruments in connection with this transaction, including
the two contracts of date February 2, 1920, styled "General Contract" and
"Pumping Agreement" respectively, shall all be subject as to their rates,
terms, and conditions, by the City Council; and as to their legality by the
City Attorney. ---- it being further provided, however, that any objections
which may be found to any such shall be set forth in writing by the Council
• and by the City Attorney, either or both, within ten days from and after the
delivery by the said C.E. Calder of complete and certified abstracts of title,
and further provided that any objections not so made within said time shall
be deemed waived.
If objections be made by either the Council as to the rates,
terms and conditions or by the City Attorney as to the legality, then the
same shall be filed with the City Clerk within said time, and a copy thereof
mailed to the said C.E. Calder at Dallas, Texas; and thereafter the said C.E.
Calde1 shall have ten nays within which to meet, cure and perfect any such
objections made by either the City Council or the City Attorney, But if at
the end of said time the said C.E. Calder shall not have met, cured or per-
fected such, and shall state that arditional time is desired, then a reason-
able time shall thereafter be llo�r
Alderman Bralley, Commissioner of Public Saftey then requested
the Council for the removal of Robert Goodfellow as Chief of Police, and the
City Attorney was then instructed to inform the City Clerk as to method of
procedure in notifying Robert Goodfellow that his dismissal had been adked for
and would be taken an by the Council at its next meeting.
The Board•of Aldermen then adjourns .
Passed snd a-proved this the day of July, 1920.
ATTEST: uay o r
City Clerk
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