Min 02/12/1940 3 (0
Wichita Falls, Texas
Memorial Auditorium Building
February 12, 1940
The Board of Aldermen of the City of Wichita Falls met in regular
session on the above date at 8:00 o'clock p. m. in the Council Room of the
Memorial Auditorium with the following members present:
W. E. Fitzgerald, Mayor
I,'. A. Bebb, )
J. W. Fitzpatrick ) Aldermen
Frank Wolf )
T. Bryan Miller, City Manager
J. H. Crouch, City (;lerk
T. A. Hicks, City Attorney
The minutes of the meeting of January 29th were read.
Moved by Alderman Wolf that the minutes of the meeting of January
29th be approved as read.
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Bebb that the Board authorize the reconditioning of
the street lighting system to the Westmoreland Addition of the City of Wichita Falls
at an estimated cost to the City of $250,00,
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Wolf that the Board hereby authorize and direct the
City Attorney to file suit for condemnation of all the�bortion of Lots 1, 29 39
4, 5, 6, 7, and 8, Block 76, which lie west of the Fort Forth and Denver City Rail-
road right-of-way; a part of lots 9 -and 10, Block 76, more particularly described
as follots:
Beginning at the Northeast corner of Lot 10; thence S. 540 51'
W. 50.0 feet to the Northwest corner of Lot 9; thence S. 350 09t
E. 150.0 feet to the Southwest corner of Lot 9; thence N. 160 43'
W. 158.1 feet to the point of beginning, containing 0.086 acres
more or less
for the purpose of a right-of-way in the construction of an underpass under the Fort
Worth and Denver City Railway Company property at the intersection of Lincoln Street.
Motion seconded by Alderman Fitzpatrick and carried.
ORDINANCE NO. 1297
AN ORDINANCE TO AMEND SECTION 15 OF ORDINANCE NO. 588, ENTITLED "AN
ORDINANCE DEFINING MILK AND CERTAIN MILK PRODUCTS, MILK PRODUCERS, PASTEURIZATION,
ETC' ; PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS
II)
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9
REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS, REGULATING THE INSPEC-
TION OF DAIRY FARMS AND MILK PLANTS, TESTING, G2ADING, LABELING, PLACARDING,
PASTEURIZATION, REGRADING, DISTRIBUTION, SALE AND DENATURING OF MILK AND MILK
PRODUCTS, PROVIDING FOR THE PUBLISHING OF MILK GRADES, THE CONSTRUCTION OF FUTURE
DAIRIES AND MILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AAA THE FIXING OF
PENALTIES;"SAID ORDINANCE PASSED AND APPROVED ON THE LOTH DAY OF AUGUST, 1925, SO
AS TO REQUIRE ENFORCEMENT AND INTERPRETATION OF SAID ORDINANCE IN HARMONY AND IN
ACCORDANCE vuITH THE UNITED STATES PUBLIC HEALTH SERVICE MILK CODE OF 1936, SAID
SECTION 15 OF SAID ORDINANCE SHALL HEREAFTER READ AS FOLLOWS, TO-WIT:
Moved by Alderman Bebb that Ordinance No. 1297 be passed on its first
reading.
Motion seconded by Alderman wolf and carried with the following vote:
Yeas: Aldermen Hebb, Fitzpatrick and Wolf.
Nays: None.
ORDINANCE NO. 1298
AN ORDINANCE REGULATING THE SALE AND MANUFACTURE OF ICE CREAM, FROZEN
CUSTARD, AND ALL PRODUCTS MANUFACTURED FOR SALE OR SOLD UNDER SUCH NAMES; DEFINING
THE SAME, AND PRESCRIBING THE RULES AND REGULATIONS FOR 711.E MANUFACTURE OF SUCH
PRODUCTS; SETTING OUT THE BACTERIAL COUNT PERMITTED; REQUIRING HEALTH EXAIv'IINATION
OF SUCH PERSONS HANDLING ICE CREAM OR PRODUCTS THEREOF; CONSTRUCTION OF SUCH ES-
TABLISHMENTS; REQUIRING SCREENS TO BE ON ICE CREAM WAGONS; PROVIDING THAT IF ANY
PART OF THIS ORDINANCE IS DECLARED VOID, SUCH HOLDING SHALL NOT AFFECT THE VALID
PORTION THEREOF, AND PROVIDING A PENALTY.
Moved by Alderman Bebb that Ordinance No. 1298 be passed on its first
reading.
Motion seconded by Alderman wolf and carried with the folloma g vote:
Yeas: Aldermen Bebb, Fitzpatrick and iyolf.
Nays: None.
ORDINANCE NO. 1299
AN ORDINANCE PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE
CORPORATE LIMITZ OF THE CITY OF WIC:""_ITA FAILS BY ANY DEALER WHERE TFI PLACE OF
BUSINESS OF ANY SUCH DEALER IS WITHIN THREE HUNDRED (300) FEET OF ANY CHURCH,
STATE SUPPORTED PUBLIC SCHOOL OR PUBLIC HOSPITAL, THE It'EASURENENTS TO BE MADE
ALONG THE PROPERTY LINES OF THE STREET FRONTS AND FROM FRONT DOOR TO FRONT DOOR
AND IN DIRECT LINE ACROSS INTERSECTIONS WHERE THEY OCCUR; PRESCRIBING A PENALTY;
AND FURTHER PROVIDING S 1OULD ANY SECTION, PHRASE OR CLAUSE OF 'THIS ORDINANCE BE
HELD UNCONSTITUTIONAL OR VOID FOR ANY REASON, SUCH HOLDING SHALL NOT AFFECT TEE
OT,,: R PROVISIONS OF, TEIS ORDINANCE; REPEALING AI.L ORDINt:I�CES AND PARTS OF ORDIN-
ANCES IN CONFLICT tio'ITI'I THIS ORDINANCE,
Moved by Alderman Bebb that Ordinance No. 1299 be passed on its first
reading.
Motion seconded by Alderman Wolf and carried with the following vote:
Yeas: Aldermen Bebb, ritzpatriek and wolf.
Nays: None.
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Mr. Moore, resident and property owner in the. Wichita Val-ley Irrigation
District of Lake Wichita, representing himself and other4 requested of the Council
informaticn regarding the position of the City of Wichita Falls relative to the
proposed or contemplated substitution of Lake Kemp water for Lake Wichita water for
irrigation purposes.
Discussion of this matter was deferred by common assent.
Moved by Alderman Wolf that the Hoard approve the sale of Space 456,
Block Z, Riverside Cemetery to Mrs. Henry D. xogers.
Motion seconded by: Alderman Fitzpatrick and carried.
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Moved by Alderman Wolf that the Board authorize and order adjustment of
personal and property delinquent taxes and settlement of same as outlined in the
following schedule:
Motion seconded by Alderman Fitzpatrick and carried.
Original Original Reduced Reduced Pen &
Year Value Tax Value Tam Ylnt Total
Mrs. 0. H. Gilchrist
11 - 1 M. P. S. North
1930 13370 187,18 5850 81,90 20,47 102,37
1931 12030 168.42 5850 81,90 20,47 102,37
1932 9210 128,94 5850 81.90 20.47 102,37
1933 7370 103,18 5850 81,90 20.47 102,37
1934 Above Homestead Ex.2640 36.96 36,96
1935 " " " 2520 35,28 35.28
1936 " " " 3630 50,82 2850 39,90 10.77 59.67
1937 " " " 3630 50,82 2850 39,90 8,37 48,27
1938 " " " 3630 50,82 2850 39.90 5,98 45.88
1939 " " " 5850 39,90 39,90
1938 Personal 1000 14.00 1.96 15.96
1939 " 90 1,26 1.26
867.68 683.66
Paid in full
This settlement approved by the 1939 Board of Equalization
Railey Printing Company
1939 Personal 12600 176,40 11480 160.72 160,72 /
Paid in full
Moved by Alderman Wolf that the Board authorize the employment of an
architect to prepare detailed plans and specifications and to prepare all necessary
data for the filing of the work for WPA project applications for the purpose of re-
modeling the old Post Office building and the purpose of remodeling the Central Fire
Station building.
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Bebb that the Board authorize the employment of
Voelcker and Dixon, architects, to prepare detailed plans and specifications and
the necessary data for the filing of a WPA project application for the construction
of an addition to the Kemp Public Library, architects fees to be paid out of funds
to be furnished as the sponsor's contribut-_on.
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Bebb that the Board authorize the Mayor to execute '
a contract for and on behalf of the City with Campbell-Phelps, Inc., for the
refunding of`the entire bonded indebtedness of the City amounting to $30185,000.00
on an interest rate of not more that 3� per annum.
Motion seconded by Alderman Fitzpatrick and carried.
Moved ' by Alderman Fitzpatrick that the Board grant chauffeurs license
to Eddie Beer.
Motion seconded by Alderman V14clf and carried.
RES0LUT° ION
WHEREAS the City of V�ichita Falls has an outstandthg interest bearing
note in the principal sum.of $16,265.00,payabie to the Wichita Falls Airport
�---_ Company, said note dated September 9, 1935, and due on or before February 10, 1939,
and being total'consideraticn for the purchase of the land and premises constitut-
ing the Wichita°Falls airport, and
WHEREAS the Wichita Falls Airport Company, a corporation, has by the
duly authorized act or acts of its officers and stockholders authorized the release
of the above mentioned note and all accrued interest to the City of Wichita Falls,
S for and in consideration of the cash sum of $5,258.45, and the transfer of 165
shares-of stock in the Wichita Falls Airport Company represented by stock certi-
ficates Nos. 9,101 and 105 owned by the City of Wichita Falls, to the said Airport
Company for the full balance of the consideration for the above mentioned note and
all interest due thereon to date.
NOW THEREFORE BE IT RESOLVED BY THE BOIJRD CF ALDEM".�.,N' OF THE CITY OF
WICHITA FALLS
That: the Treasurer of the City, be and is hereby authorized and directed
to pay to the Wichita Falls Airport Company the sum of $5,258.45 to be paid out of
the General Fund, and surrender or transfer to said Airport Company, 165 shares in
the Wichita Falls Airport Company represented by stock certificates Nos. 91 101 and
105 in full payment of the above described note and all accrued interest thereon to
date, upon proper release of said note by said Airport Company.
Moved by Alderman Wolf that the foregoing resolution be adopted.
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Bebb that the Board approve the issuance of any
permits applied for, for the installation of Butane gas tanks. The permits
to be issued on the basis of the National Board of Fire Underwriters code or
specifications.
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Fitzpatrick that the Board grant issuance of a
domino license to T. W. Finley, 714 Ohio.
Motion sec nded by Alderman Bebb and carried.
Moved by Alderman Wolf that the Board deny request for rental of
the Auditorium for the purpose of wrestling matches.
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Bebb that the Council approve building permit
to Merkle Undertaking Company for the construction of an awning at 1105 Tenth
Street extending from the front of the building to the curb line of the street.
Motion seconded by Alderman Wolf and carried.
Moved by Al erman Bebb that the Board grant permit to solicit
advertisi}z to�the Valley iew School said advertising to he for the school
annual a dKissued to C. H. Berry.
Motion seconded by Alderman Wolf and carried.
Moved by Alderman Wolf that the Council authorize the payment of
$2,286.00 to the Wichita General Hospital for the month of January upon payment
of a- like sum by Wichita County.
Motion seconded by Alderman Fitzpatrick_ and carried.
Moved by Alderman Fitzpatrick that the board of Aldermen adjourn.
Motion seconded by Alderman Bebb and carried.
The Board of Aldermen then adjourned.
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PASSED AND APPROVED this the 19th day of February, A. D. 1940.
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Mayor
ATTEST:
City Clerk
Wichita Falls, Texas
Memorial "uditorium Building
February 15, 1940
The Board of Aldermen of the City of Wichita Falls met on the above
date for a regularly called meeting at 4:06 o'clock p. m. in the Council Room of
the Memorial Auditorium with the following members present;
W. E. Fitzgerald, Mayor
E. A. Bebb, )
V. E. Stampfli ) Aldermen
Frahk Wolf )
S. Bryan Miller, City Manager
T. H. Crouch, City Clerk
R E S O L U T I O N
UTEREAS, the Work Projects Administration requires the City of Wichita
Falls, Texas, and the Wichita County Irrigation District No. 1 to act as co-sponsors
in the WPA project heretofore filed under Sponsor's Project Proposal No. 7-1269; and
WHEREAS, the City of Wichita Falls will furnish all the sponsors'
contribution necessary for the completion of said project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDFM:EN OF THE CITY
OF wI GHI TA FALLS, TEXAS:
That W. E. Fitzgerald, Mayor, acting for and on behalf of the City of
Wichita Falls, be and is hereby authorized to execute and sign a certain eontradt
bearing date of February 13th, 1940, by and between the City of Wichita Falls, Texas,
and Wichita County Irrigation District No. 1, wherein said City agrees to furnish all
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the sponsor's contribution and any and all other funds, materials or equipment
of any nature whatever which may be required of the sponsor or sponsors, being /
in the total sum of $19,617.00 and said City agrees and binds itself to indemnify
and save harmless said District from. all and every expense, obligation, demands
and liabilities of whatsoever nature growing out of or incident to the said
District's joining as the sponsor or co-sponsor in the aforesaid project.
PASSED AND APPROVED this the 15th day of February, A. D. 1940.
(Signed) W. E. Fitzgerald
Mayor
ATTEST:
(Signed) 1. H. Crouch
City Clerk
Moved by Alderman Wolf that the foregoing resolution be adopted.
vote: Motion seconded by Alderman Stampfli and carried with the following
Yeas: Aldermen Bebb, Stampfli and Violf.
Nays: None.
R E S O L U T I O N
WHEREAS, the City of Wichita Falls, Texas, hereinafter referred to
as the sponsor, has applied to the Government of the United States of America,
through the Work Projects Administration, for a WPA project, District Serial
Number 13651, for the purpose of construction of a public building to serve as
a community recreation building in Wichita Falls, Wichita County, Texas, herein-
after referred to as the project, which, if such application is granted and said
project is operated, will require the expenditure of a large amount iii Federal
funds; and
WHEREAS, Federal funds may not be expended through the Work Projects
Administration in the operation of such projects, which, when completed, will not
be used in the general public interest and retained exclusively under the owner-
ship, management, possession, and control of the Oity of Wichita Falls, Texas; and
WHEREAS, it is required by the Work Projects Administration that
these facts be certifidd to by the Mayor of said City,
NOW, THEREFORE, BE IT RESOLVED BY 'IHE BOARD OF ALDERftEN OF TFy CITY
OF WICHITA FALLS, TEXAS:
That in consideration of the premises and in order to induce the
expenditure of Federal funds in the operation of the project, obligates and binds
itself to the Gover mert of the United States of America, as follows:
1.That the land on which the project is to be operated is owned by
and is now, in the exclusive possession of, the sponsor, and that the sponsor will
retain the exclusive ownership and possession thereof during the eAeful life of
the project or any part thereof.
2. That the sponsor will not at any time during the useful life of
the project or any part thereof, convey, lease, surrender possession of, or other-
wise divest itself of the exclusive ownership, possession, control and management
of the project to any person, association, organization, or corporation, and that
it will devote the project to the public use, without discrimination.
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3. That in the event of any breach by the sponsor of any obligation
set forth in paragraphs numbered 1 or 2 above, it will forthwith return and refund
to the Treasurer of the United States, upon demand by the Work Projects Administra—
tion, or other proper agency of the Government of the United States of America,
an amount of lawful money of the United States of America equal to the total amount
of the Federal funds expended on the project.
4. That the Work Projects Administration is under no obligation to
commence the project, nor to complete it if it is commenced, but shouldthe Work
Projects Administration commence the project, it will do so in reliance upon the
representations and obligctions herein set forth and its commencement of the pro—
ject will be ipso facto its acceptance of said representations and oblig4tions.
5. Th:�-�t W. E. Fitzgerald, Mayor, be and is hereby authorized and
directed to execute and certify these presents and order the same to be attested
to by T. 11. Crouch, City Clerk, and seal of said City affixed hereto.
PASSED AND APPROVED this the 15th day of Febra_sry, D. 1940.
(Signed) W. E. Fitzgerald
Mayor
ATTEST:
(Signed) S. H. Crouch
City Clerk
Moved by Alderman Bebb that the foregoing resolution be adopted.
Motion seconded by Alderman Wolf and carried with the following vote:
Yeas: Aldermen Bebb, Stampfli and Wolf.
Nays: None.
Moved by Alderman Golf that the Board of Aldermen adjourn.
Motio^ seconded by Alderman Stampfli and carried.
The Board of Aldermen then adjourned.
PASSED AND APPROVED this the 19th day of February, A. D. 1940.
Mayor
ATTEST:
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City Clerk