Min 05/21/1934 2 5
Wichita Falls, Texas
Memorial Auditorium
Building
May 21, 1934
The Board of Aldermen of the City of Wichita Falls met
in regular session in the Council Chamber at 7 :30 P.M. on the
above date. Roll call indicated the following members present :
John T. Young, Mayor
Raymond M. Myers,
!lark D. Walker,
George D. Fox, Aldermen
Mack Taylor,
Leon L. Deaton,
V. R. Smitham, City Manager
W. E. McBroom, City Clerk
Thelbert Martin, City Attorney
The Minutes of the previous meeting were read and
approved.
The hearing on charges brought by Everett Hughes under
date of May 129 1954, against Aldermen Leon Deaton was called by
the Mayor, and by agreement of all members of the Board of AJdermen
the meeting was moved from the Council Chamber to the main auditor-
ium of the building, The Board of Aldermen sitting as a court pro-
ceeded to hear the charges brought against Alderman Deaton by
Everett Hughes. A complaint sworn to and signed by Everett Hughes
charging Alderman Deaton with gross negli�--ence, malfeasance, and
wilful violations of the nepotism laws of the State of Texas and
the laws of the City of Wichita Falls as contained in its Charter
and asking for his impeachment and removal from office was read by
C. B. Felder, Attorney for complainant. An answer excepting to
each and all of the allegations and denying the violation of the
nepotism laws of the State of Texas and the City Charter cf the
City of Wichita Falls was read by A. H. Britain, Attorney for
Alderman Leon Deaton. Testimony was taken and arguments were heard
in support of the complaint of Everett Hughes and in support cf the
denial of Alderman Deaton. After conclusion of the hearing the
Board of Aldermen returned to the Council Chamber in the Memorial
Auditorium.
Alderman Walker introduced the following resolution and
moved its adoption:
RESOLUTION
A resolution setting out the findings of the Board of
Aldermen upon hearing to remove and expel Alderman Leon Deaton and
an order thereon.
heretofore on the 12th day of May A.D. , 19349
WHEREAS.
Everett Hughes, a resident citizen and taxpayer of Wichita Falls,
Texas, filed with Mayor John T. Young of the City of Wichita Falls,
Texas, a complaint and affidavit charging Leon Deaton with malfeas-
ance in office and official misconduct in words as follows:
STATE OF TEXAS
COUNTY OF WICHITA
TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, WICHITA COUNTY,, TEXAS:
Now comes Everett Hughes, a resident taxpaying citizen of the
City of Wichita Falls, Texas , who after being duly sworn says: That he
has reason to believe, and does believe and charge that Alderman. Leon
Deaton should be impeached and removed from office of Alderman of the
City of Wichita Falls, Texas, because of malfeasance, wilful violations
and gross negligence of the laws of the State of Texas and the laws Cr
the City of Wichita Falls, Texas, as contained in its charger, and be-
cause of official misconduct, which does and will render his service to
the City of Wichita Falls , Texas, detrimental to the interests of said
city,, and to the general welfare of same in the -following, to-wit:
I
That the said Leon Deaton qualified as a member of the Board
of Alderman on the 10th day of April, 1933, and has continued to act in
the capacity of alderman of said city said said date, and is now so act-
ing; that as such alderman he has been guilty of the offense nepotism,
in that his brother, Ernest Deaton, is an employee of said city as a
police officer, drawing a salary monthly, or semi-monthly, from the
publiefunds of said city during the whole period of incumbency of the
said Leon Deaton. That the said Ernest Deaton is within the third degree
by consanguinity to the said Leon Deaton, as such alderman voted to
appropriate the salaries so paid to his said brother.
II
That the said Leon Deaton, acting and sitting as an alderman
of said city, as aforesaid, did unlawfully and wilfully fail to file, or
cause to be filed, with the County Clerk of Wichita County, Texas, the
copy of the annual budget approved by the Board of Aldermen of Wichita
Falls, Texas, during the month of June, 1933, as required by the laws of
Texas.
That the said Leon Deaton, acting and sitting as a member of
aldermen of the City of Wichita Falls, Texas, did unlawfully and wilfully
fall to file, or cause to be filed with the State Comptroller at Austin,
Texas, copy of the annual budget prepared and -approved by an ordinance
adopted by said Aldermen on the 6th day of June, A. D. 1933.
IV
That the said Leon Deaton, acting and sitting as a member of
the Board of Aldermen, as aforesaid, did negligently fail to file, or
cause to be filed with the County Clerk of Wichita County, Texas, and
with the State Comptroller at Austin, Texas, the prepared and approved
annual budget as adopted by the Board of Aldermen of Wichita Falls,
Texas, on the 6th day of June A.D. 1933.
V
That the said Leon Deaton, acting and sitting as a member of
the Board of Aldermen of the City of Wichita Falls, Texast did unlaw-
fully, maliciously, and wilfully fail and refuse to furnish, or cause to
be furnished to the newspapers of the City of Wichita Falls, Texas, and
to each of the libraries of the City of Wichita Falls, Texas, copies ct
the estimate of the annual budget for the fiscal year, beginning April 1,
1934, within the time and in the manner provided by Section 67 of the
Charter of the City of Wichita Falls, Texas; that the budget estimate re-
quired to be filed with the City Clerk was not filed or presented to the
Board of Aldermen until after the election in the month of April.
VI
That the said Leon, while a member of the Board of Alder-
men and acting as such, unlawfully, wilfully, and maliciously failed
and refused to prepare or have prepared an appropriation ordinance,
using the manager's estimate as a basis, thirty days before the
close of the fiscal year, on April lst, as required by Section 68
of the City Charter.
VII
That the said -Leon Deaton, while serving and acting as a
member of the Board of Aldermen, was guilty of gross negligence, in
that he failed to have properly prepared the budget estimate and an
ordinance making the appropriations on such budget estimate as a
basis, and to have copies thereof presented to the newspapers and
libraries of the City and instrument thereof prepared for distribu-
tion to the citizens who might call for them, until more than thirty
days after the time required by the Charter of this City, and until
after election was held in the month of April, thirty days subse-
quent to the time when said budget estimate and ordinance fcr appro-
priation thereon was prepared and advertised.
WHEREFORE, I, Everett Hughes, a resident citizen of
Wichita Falls, Texas, request the Honorable Mayor of the City of
Wichita Falls, Texas, to have a copy of these charges filed with the
said Mayor and City Clerk and served on Leon Deaton, and further-
more, that a day be set to inquire into the truth of said charges
and have a trial thereon, and that said Leon Deaton be served with
notice of such date to appear and answer thereto, and also that the
Honorable John T. Young, Mayor, notify the aldermen of said city to
be present at such time and place, and upon final hearing, that an
order be entered impeaching the said Leon Deaton, and that judgment
be entered removing him from office as alderman of the City of
Wichita Falls, Texas..
(Signed) Everett Hughes
Subscribed and sworn to upon information and belief, be-
fore me, this 12th day of May, 1934.
(Signed) W. W. Shuler, Notary Public
(SEAL) Wichita ,County, Texas
AND WHEREAS the said John T. Young, Mayor, served a copy
of said complaint and affidavit upon the said Leon Deaton, together
with notice that the hearing would be had thereon before the Board
of Aldermen on the 21st day of May, 1934 at 7 :30 o'clock P.M. in
the Council Chamber at the Auditorium in the City of Wichita Falls,
Texas, which notice was duly served on Leon Deaton on said 12th day
of May, 1934.
AND WHEREAS said Mayor John T. Young did set down said
complaint and affidavit for hearing on the 21st day of May,, A.D. ,
1934, as aforesaid and did serve notice of the time and place of
said hearing together with copies of said affidavits and complaint
upon each of the members of the Board of Aldermen or said City, and
whereas said Board of Aldermen sitting at the time and place afore-
said did hear evidence and argument bearing upon the truth of
falsity of said complaint and affidavit and the charges therein,
and upon and after full and complete hearing in ,which the said Leon
Deaton was represented in person and by counsel, the said Board of
Aldermen reached certain findings of fact and conclusions as here-
inafter set out.
Now, therefore, be it resolved by the Board of Aldermen of the,
City of Wichita Falls, Texas, that the said Leon Deaton as alderman of I
the City of Wichita Falls, Texas, is guilty of malfeasance in office an&
official misconduct which does and will render his services to the City
of Wichita Falls, Texas, detrimental to the interest of said city and
the general of the welfare of the same in the following particulars,
to-wit:
That the said Leon Deaton is guilty of the offense of nepotism
as charged in paragraph No. 1 of the complaint.
II
That the said Leon Deaton acting and sitting as a member of
the Board of Aldermen negligently failed to file or cause to be filed
with the County Clerk of Wichita County, Texas, and with the Comptroller
at Austin, Texas, the prepared and approved annual budget as adopted by
the Board of Aldermen on the 6th day of June, 1933, as charged in
paragraph No. 4. and that such neglect was gross negligence.
That the said Leon Deaton acting and sitting as a member of
the Board of Aldermen as aforesaid did unlawfully and wilfully fail and
refuse to furnish or cause to be furnished to the newspapers and public
libraries of the City of Wichita Falls, Texas, copies of the annual
budget estimate for the fiscal year beginning April 1, 1934, within the
time and the manner provided by Section 67 of the Charter of the City
of Wichita Falls, Texas, as charged in the 5th paragraph of the complaint,
IV
That the said Leon Deaton, while a member of 'the Board of
Aldermen and acting as such unlawfully and wilfully failed and refused
to prepare or to have prepared an appropriation crdinance using the
City Manager' s estimate as a basis, thirty days before the close of the
fiscal year on April lst as required by Section 68 of the City Charter.
V
That such acts of commission and omission constitute malfeas-
ance in office and official misconduct which does and will render the
continued services of the .said Leon Deaton as alderman detrimental to
the interest of said city and the general welfare of the same.
The motion was seconded by Alderman Taylor and put to a vote
by the Mayor through roll call. The vote showed the following result:
Yeas: Alderman Taylor.
Nays: Alderan Fox and Alderman Myers.
Alderman Walker refused to vote.
Alderman Myers brought up for third reading Ordinance No,
1154 making appropriations for support of the city government for the
fiscal year beginning April 1. 1934, and ending March 31, 1935, and
declaring an emergencyo
It was moved by Alderman Myers that Ordinance No. 1154 be
passed on its third and final reading and be adopted as read,
The motion was seconded by Alderman Deaton and put to a vote
by the Mayor with the following result :
Yeas: Aldermen Myers, Deaton, and Fox.
Nays: Aldermen Taylor and Walker and Mayor Young.
The Ordinance follows:
ORDINANCE NO. 1154
AN ORDINANCE MAKING APPROPRIATIONS FOP SUPPORT OF THE
CITY GOVERNMENT FOR THE FISCAL YEAR BEGINNING APRIL 19 1934, and
ENDING MARCH 31, 1935, and declaring AN EMERGENCY,
WHEREAS, the CITY MANAGER HAS PREPARED AND SUBMITTED TO TIE
BOARD OF ALEERMEN A BUDGET ESTIMATE OF THE EXPENDITTJRES AND REVENUE'
OF ALL CITY DEPARTNENTS9 DIVISIONS, AND OFFICES FOR THE YEAR BEGIN-
NING APRIL 1, 19349 AND ENDING MARCH 31, 19359 WHICH SAID BUDGET
AFTER CERTAIN AMENDMENTS AND CHANGES THEREIN IS HEREBY APPROVED;
THEREFORE,
�BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALISP TEXAS:
SECTION 1. That the sum of $247,819.77 be and the same
is hereby appropriated out of the General Fund for the payment cr
the expenses of the city government, as hereinafter itemized, to-wit :
Account #1 Mayor & Bca,rd of Aldermen $19640.00
2^ City Manager 69396.00
3' City Clerk & Auditor 61824.00
4 City Treasurer 165.00
5' Legal 39416.00
6- Corporation Court 961.00
7. Purchasing Agent 19492.50
8 Tax l6vl32.00
91 Engineering 89714.00
10 Auditorium 109683,00
20 Building Inspection 488.00
21 Electrical Inspection 19528.00
22 Plumbing Inspection 1$386.00
23 Police 639009.73
24 Fire 649872.72
25 Pound 828 .00
30 - Health Administration 79360.00
32 Food &. Milk Control 80544.00
35 , General Sanitation 29410.00
36 Sanitary Sewer Maintenance 49787.72
37 Sewage Disposal 6t026.00
38 Garbage Collection & Disposal 550.00
44 Street Lighting 69000.00
50 Wichita General Hospital 169390.00
51 Food & Medicine for Charity 29800.00
300 Court Costs & Settlements 39000.00
303 Airport 416.10
306 Refunds 1,000.00
Total General Fund Appropriation $2479819.77
That the sum of 459,341.20 be and the same is hereby appro-
priated out of the Street Fund for' maintenance and repairs, as
follows$ to-wit:
Account #40 Street Cleaning $140836,25
41 Street Maintenance 30,154.30
42 Street Paving Repairs 69580.00
43 Storm Sewer, Culvert & Bridge Repairs 450.00
100 Street Paving Construction 3$100.00
102 New Bridges & Culverts 150.00
307 Street Right-of-Way - 4,070.65
Total Street Fund Appropriation $599341.
That the sum ce 08,163.63 be and the same is hereby appro-
priated out of the Park Fund for maintenance and construction as follows '
to-wit:
Account #60 Parke $249772.63
61 Golf Course 49270.60
62 Recreation 19707.00
63 Zoo 680.20
302 Cemeteries 6,733.20
Total Park Fund Appropriation $380163.63
That the sum of $11,609.00 be and the same is hereby appro-
priated out of the Library Fund for the expenses of operating the Kemp
Public Library as follows,, to-wit:
Account #68 Library $11, 609.00
Total Library Fund Appropriation $11t609.00
That the sum ct, $81,262.53 be and the same- is hereby appro-
priated out of the Water Fund for operation, maintenance, and construct-
ion as follows, to-wit:
Account. #70 Water Collection $239603.00
71 Water Meters 90680.96
72 Stores -
73 Water Supply 16,890.00
74 Water Distribution 17,447.06
75 Water Purification 129680.00
111 New Water Mains 961.51
Total Water Fund Appropriation $819262.53
That the sum of 4269,584.91 be and the same is hereby appro-
priated out of the Interest and Sinking Fund for the purpose of paying
the interest- due on the bonded indebtedness and creating a sinking fund
for the payment of outstanding and maturing bonds heretofore legally
issued by said City as hereinafter itemized, to-wit:
Interest on Bonded Indebtedness $1669252.50
Sinking Fund for Bonded Indebtedness 103,332.41
Total $2699584.91
SECTION 2. That the fact that the expenses of the City are
accumulating , and have accumulated since April 1,, 1934, and are now due
and payable creates an emergency and this Ordinance is hereby declared
an emergency -measure and shall take effect immediately after its passage
and approval,- and it is so ordained.
Alderman Myers requesttiAt the Ordinance be read in full
which request was refused by thelAilayor.
ORDINANCE NO.� 1156
AN ORDINANCE MAKING APPROPRIATIONS FOR SUPPORT OF THE CITY
GOVERNKENT FOR THE FISCAL YEAR BEGINNING APRIL 1, 1934, AND ENDING MARCH
319 19359 AND DECLARING AN EMERGENCY.
31
Moved by Alderman Taylor that Ordinance No. 1156 be passed
on its- first reading,
I Motion seconded by Alderman Walker and put to a vote by
the Mayor with the following result :
Yeas: Aldermen 2aylorl �Ialker, and Mayor Young.
IT
Nays: Aldermen Fox, Deaton, and Myers.
Moved by Alderman ' alker that Wayne Robertson be allowed
to construct a garage building at 701 Holliday Street out to within
10 feet of his, property line.
The motion was seconded by Alderman Taylor and carried.
Moved by Alderman ',,:,;alker that the following resolutions
be adopted. .
The motion was seconded by Alderman Myers and carried by
the following vote:
Yeas: Aldermen vialker, Myers, Taylor, Fox, and Deaton
and Mayor Young,
Nays: None,
RESOLUTION
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS. TEXAS.
That the City of �vichita Falls furnish free (f cost to the
Wichita County Board of Welfare and Employment whatever technical
personnel and one foreman for the successful completion of the pro-
Ject entitled "Boulevards" . It is also agreed that the City of
Wichita Falls will furnish tools necessary for the prosecution of
the work, and the equipment listed in the application. The estimated
value of these services and use of equipment is placed at $744.00,
RESOLUTION
BE IT RESOLVED BY THE BOARD OF AIDERMIEN CF THE CITY OF
1'iICHITA FAILSf TEXAS:
That the City of Wichita Falls furnish free of cost to the
'ivichita County Board of Welfare and Employment whatever technical
and supervisory personnel, and one foreman for the successful com-
pletion of the project entitled "Holliday Creek Channel Change" . it
is also agreed that the City of Wichita will furnish the equip-
ment listed in the accompanying application, and all tools necessary
for the prosecution of the work. The estimated value of these ser-
vices and use of equipment is placed at $2,555.00,
32
Moved by Alderman Walker that R. J. Claypool be permitted to
construct and operate a small grocery store at 403 Burnett Street,
The motion was seconded by Alderman Myers and carried.
Moved by Alderman Myers that the meeting be adjourned,
Motion seconded by Alderman Deaton and carried.
The Board of Aldermen then adjourned,
READ AND APPROVED this the 28th day of May 1934.
Mayor
ATTEST:
City Clerk