Ord 1258 8/16/1937 ,F
AN GRANTING THE RIGHT, PRIVILEGE AND FRAN-
CHISE To THE WICHITA VALLEY RAILWAY COMPANY TO CONSTRUCT9 M.AIN-
TAIN AND OPERATE A SPUR TRACK FROM THE MAIN LINE OF THE WICHITA
cOMPANYv LEAVING SIAID MAIN LINE AT OR ABOUT A
VALLE'Y RAILWAY
POINT MARKED 34 PLUS 24.7 -- OOP- SOUTH AND EXTENDING NORTH
RET AND IN FRONT OF LOTS ONE (1) , TWO
ALONG AND ON MILL STR
AND THREE (3) IN BLOCK THIRTY-ONE ( 11) , LOTS TIN (10) AND ONE
(1) IN BLOCK TWTNT`Y-THREE9 AND LOT TEN (10) IN BLOCK SIXTEEN (16)
OF THE BARWISE AND JALONICK ADDITION '20 THE CITY OF WICHITA YALLS9
TEXASj CROSSING SCOTT AVINU3, WALNUT STREET AND ELM STRE'1�29 AM
MINDING TO A POINT Mh?XED 10 PLUS 00 NORTH OF ELM STREET IN
SAID CITY9 OR IN -I�HL NEIGHBORHOOD OF SAID POINT,, As SHOWN IN THE
SKETCH ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERIOD OF
TWRIM-FIVE YEARS:
BE IT ORDAINED By THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS9 A MUNICIPAL CORPORATION:
Section 1: That the right, privilege and franchise bel
and the same is hereby granted to The V,!ichita Valley Railway COM-
pany to maintain, construct and operate a spur track from a point
on the main line of The Wichita Valley Railway Company in the City
of Wichita Falls, Texas, leaving said main iine at or about a
point marked 34 plus 24.7 -- OOP- South and extending North along
and on Mill Street and in front of Lots One (1) , Two (2) , and
Three ( 3) in Block Thirty-one ( 31) 0 Lots Ten (10) and one (1) in
Block Twenty-threet and Lot Ten (10) in Block Sixteen (16) of the
Barivise and Jalonick Addition in the City of Wichita Fallss Wichita
County, Texas, crossing Scott Avenue, Walnut Street and Elm Street,
tLnd extending to a point marked 10 plus 00 North of Elm Street in
said Cityq or the neighborhood of said point, as shovm in the
sketch attached hereto and made a part hereof, for a period of
twenty--,L*ive (25) years from this date.
Section 2: Said spur track shall be maintained by
The Wichita Valley Railway Company so that the rails shall con-
form with the surface of the streets upon which they lay.
Section 3: This franchise is granted subject to the
City Charter and the Ordinances of the City of Wichita. Falls,
Texas, and amendments thereto.
Section 4: The Wichita Valley Railway Company shall
conform said spur track upon any street to any legally ordered
improved condition of any street upon which said track may lay.
Section 5: This franchise is granted for a period of
twenty-five years from the date of its acceptance as hereinafter
provided for, and this franchise shall be accepted by the said
The Wichita Valley Railway Company within sixty (60) days from
the date on which this franchise becomes effective under the
Charter; and written acceptance hereof shall be made by said
Railway Company end the same shall be filed with the City Manager
of the City of Wichita Falls, Texas.
Section 6: That the description of said sDur track
contained in the attached exhibit may not be exactly correct but
the said spur track is already laid and in use, and its exact lo-
cation on the ground shall obtain in the event such location is
not in exact conformity with the description thereof contained
in exhibit "A".
Section 7: This ordinance shall take effect and be
in full force and effect after its Dassage, as provided in the
Charter of the City of Vkichita Falls, Texas.
Passed and approved this 1�±'I' day of 1937.
ATTEST: Mayor
City Secretary
A.H.CARRIGAN
LUTHER HOFFMAN
JOE 8.CARRIGAN
CARRIGAN,HOFFMAN St CARRIGAN
ATTORNEYS AT LAW
WICHITA FALLS,TEXAS
TELEPHONE 3135 July 16, 1937.
Mr. T. A. Hicks,
City Attorney,
Wichita Falls, Texas.
Dear Mr. Hicks:
We have rechecked the description of the spur
track for which the Wichita Valley Railway Company de-
sires to obtain a franchise from the City, a-rid have
corrected and changed the description contained in
the ordinance submitted to the Board of Aldermen last
Monday evening. This is due to the fact that upon re-
checking the description we find that the original
franchise ordinance, passed several years ago in favor
of L. T. Burns, W* "- -1�itzgerald and Leroy Scheuer,
did not correctly describe the location on the ground
of the sDur track.
Please let us call your attention to Section
121 of the Charter of the City of Wichita Falls, Texas.
This section of the Charter provides, among other things,
that "No such proposed ordinance (relating to utility
franchises) shall be adopted by the Board of Aldermen
until it has been printed in full, and until a written
report containing recommendations thereon shall have
been made to the Board of (by) the City Manager, or
by the Mayor if there be no City Manager, until ade-
quate public hearings have thereafter been held on
such ordinance, and until at least two weeks after
its official publication in final form" .
We think, in view of the foregoing, that the
following procedure should be adopted; the ordinance
having already been passed on its first reading:
(1) The Gity Manager shall make written
recommendation to the Board of itldermen approving or
disappooving the passage of the ordinance ;
(2) The ordinance should be published in a
local paper in conformity with the charter;
(8) A public hearing should be had on the
ordinance by the Board of Aldermen at such time as
shall be prescribed by the Board of Aldermen, and
11. T. ". Hicks, A.
the date of such public hearine should, of course ,
be included in the publication of the ordinance.
If this procedure does not meet your
approval we will appreciate your advising us.
Very truly yours,
CARR;qkK, HCFFMAN,.& CARRIG&N)
Encl.
LH/F.
Cc.
RO. A Bryan Miller,
City Uhnager,
Wichita Falls, Texas.