Min 02/26/1940 E�
Wichita Falls, Texas
Memorial Auditorium Building
February 26, 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
E. A. Bebb )
J. W. Fitzpatrick )
H. J. Naylor )
V. E. Stampfli ) Aldermen
Jas. M. Williams )
Frank Wolf )
J. Bryan Miller, City Manager
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J. H. Crouch, Uity Clerk
Thelbert Martin, Assistant City Attorney
The minutes of the meeting of February 20th were read.
Moved by Alderman Naylor that the minutes of the meeting of February 20th
be approved as read.
Motion seconded by Alderman Stampfli and carried.
ORDINANCE NO. 1298
AN ORDINANCE REGULATING THE SALE = MANUFACTURE OF ICE CREAM, FROZEN
CUSTARD, AND ALL PRODUCTS MANFACTURED FOR SALE OR SOLD UNDER SUCH NAIES; DEFINING
THE SAME, AND PRESCRIBING RULES AND REGULATIONS FOR THE MANUFACTURE OF SUCH PRO-
DUCTS; SETTING OUT THE BACTERIAL COUNT PERMITTED; REQUIRING A HEALTH EXAMINATION
OF PERSONS HANDLING ICE CREAM OR PRODUCTS TLL-TREOF; CONSTRUCTION OF SUCH ESTABLISH-
MENTS; 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 PORTIONS
THEREOF AND PROVIDING A PENALTY.
Moved by Alderman Bebb that Ordinance No. 1298 be passed on its second
reading.
Motion seconded by Alderman .Williams and carried with the following vote:
Yeas: Aldermen Bebb, Fitzpatrick, Naylor, Stampfli, Williams and ti"j'olf.
Nays: None.
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Mayor Fitzgerald called for a hearing before the Board on an application
for a building permit for the construction of a business building located on the
southeast corner of the intersection of Seventh Street and Holliday Street,
Attorney C. K. Walsh, representing protestants objecting to the issuance
of a permit for said construction, appeared and prayed the Council to allow construc-
tion permit only in strict compliance with the terms of the ordinance governing,
Mr. Roberson, owner of the property involved, prayed the Council that the
building permit previously issued, under which he contemplated the construction of
the building extending to the property line on both Seventh Street and Holliday Street,
be not cancelled or refused.
Moved by Alderman Wolf that the Mayor appoint a committee of the Aldermen
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to investigate the facts and conditions aver_ which the City has supervision and
controll relative to the construction of a business building located on the south-
east corner at the intersection of Seventh Street and Holliday Street and report
with recommendations to the Board at the regular meeting of March 4th.
Motion seconded by Alderman Bebb and carried.
Mayor Fitzgerald appointed the following committee to act under the order
first written herein above:
Alderman Williams, Chairman
Alderman Naylor
Alderman Wolf
The Mayor instructed Mr. Roberson to secure direct permission of the
City Engineer for any construction to be' continued on the building above referred
to from this hearing, and until final disposition of the regulation for building
permit be disposed of on March 4th,
Mayor Fitzgerald called for third and final reading of Ordinance No. 1299 !
for the purpose of' hearing protest and arguments on passage of said ordinance.
Representing the Ministers Alliance of the City, Dr. Fred Eastham pre-
sented and filed with the Board a petition signed by citizens and voters protesting;
any change in the ordinance regulating the sale of intoxicants within the City.
In connection with this protest the Board heard from Monseigneur O'Briene, Dr.
Paul Martin and Dr. 0. L. Shelton.
Arguments were made for the passage of Ordinance No. 1299 for the owners
of certain property occupied by liquor and beer stores.
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ORDINANCE NO. 1299
AN ORDINANCE PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE
CORPORATE LIMITS OF THE CITY OF WICHITA FALLS BY ANY DEALER WIERE THE PLACE OF
BUSINESS OF ANY SUCH DEALER IS WITHIN THREE HUNDRED (300) FEET OF ANY CHURCH,
STATE SUPPORTED PUBLIC SCHOOL, PAROCHIAL SCHOOL OR PUBLIC HOSPITAL, THE MEASUREMENTS
TO BE MADE ALONG THE PROPERTY LINES OF THE STREET FRONTS AND FROY FRONT DOOR TO
FRONT DOOR AND IN DIRECT LINE ACROSS INTERSECTIONS WHERE THEY OCCUR; PRESCRIBING
A PENALTY; AND FURTHER PROVIDING SHOULD ANY SECTION, PHRASE OR CLAUSE OF THIS
ORDINANCE BE HELD UNCONSTITUTIONAL OR VOID FOR ANY REASON, SUCH HOLDING SHALL NOT
AFFECT THE OTHER PROVISIONS OF THI ' ORDINANCE; REPEALING ALL ORDINANCES AND PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
Moved by Alderman Fitzpatrick that Ordinance No. 1299 be passed on its
third and final reading and be adopted as read.
Motion seconded by Alderman Williams and carried with the following vote:
Yeas: Aldermen Bebb, Fitzpatrick, Naylor, Stampfli, Williams and holf.
Nays: None.
Moved by Alderman Naylor that the Board of Aldermen adjourn.
Motion seconded by Alderman Wolf and carried.
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The Board of Aldermen then adjourned.
PASSED AND APPROVED this the 4th day of March,A. D. 1940.
ATTE Mayor
City Clerk
Wichita Falls, Texas
Memorial Auditorium Building
March 4, 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:
E. A. Bebb
H. J. Naylor ]
V. E. Stampfli Aldermen
Jas. 11. Williams
Frank Wolf
J. Bryan Miller, City Manager
J. H. Crouch, City Clerk
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T. A. Hicks, City Attorney
Moved by Alderman Williams that Alderman Bebb be appointed Mayor
pro tempore for this meeting in the absence of Mayor Fitzgerald.
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Motion seconded by Alderman Wolf and carried.
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The minutes of the meeting of February 26th were read.
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Moved by Alderman Wolf that the minutes of the meetin of February
26th be approved as read.
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Motion seconded by Alderman Williams and carried.
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At the requests of parties interested and by consent of the Board,
the Mayor pro tem postponed final consideration of Ordinances 1297 and 1298
until the regular meeting of March 25th.
Committee of
the t3oard, appointed February 26th for the purpose of
investigating the facts and conditions as the basis of a building permit for
a building to be located on the southeast corner of Seventh Street and Holliday
Street, reported orally through Chairman Williams with the following recommenda-
tions:
That the Board grant and approve the building permit previously issued
for the construction of a business building located on the southeast corner of
Seventh Street and Holliday Street, the building being already partially con-
structed and encroaching approximately one foot on the street property of the City,
on Holliday Street, said encroachment being caused by mistake of the owner of the
above mentioned location caused by reason of the fact that the sidewalk on Holli-
day Street in this block was laid one foot distant from the property line instead
of a customary two feet from the property line, and further because of an oral
agreement between the C;_ty of Wichita Falls, actin; by and through its Board of
Aldermen, and W. P. Roberson; said Roberson agreeing to remove such portion,of
said building constructed on City property at any time upon notice and request by
the proper City authorities. The building permit herein approved shall allow for
the construction of the first story to extend to the property line on both Seventh
Street and Holliday Street and for the construction of the second story to extend
to the property line on Seventh Street, and not to extend beyond the established
residence line on Holliday Street. Said line being approximately fourteen feet
inside the property line on Holliday Street.
Moved by Alderman Stampfli that the Board accept and approve the above
report and recommendations of this committee.
Motion seconded by Alderman Naylor and carried.
Moved by Alderman Williams that the City Attorney be instructed to
immediately institute condemnation proceedings necessary for the securing of
right-of-way needed, and previously approved, for the construction of an under-
pass under the FV&DC Railway Company tracks, and knorm as the Lincoln Street
night-of-Way.
Motion seconded by Alderman Naylor and carried.
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Moved by Alderman Wolf that the Board approve the construction and in-
stallation of a six inch water line extension to and serving Riverside Cemetery
at an estimated cost of $1,600.00 and in accordance with the recommendations and
Plans reported by the City Manager. I
Motion seconded by Alderman Williams and carried.
Moved by Alderman Naylor that the Board hereby set and establish and
hereby determine that the building line on the east side of Bluff Street between
Sixth and Seventh Streets shall be on the property lire in said block and be
recognized as a business building line.
Motion seconded by Alderman Williams and carried.
Moved by A'derman Wolf that the Board authorize the adjustment of
personal and property delinquent taxes and settlement of same as set out in the
following schedule:
Motion seconded by Alderman Williams and carried.
Original Original Reduced Reduced Pen &
Year Value Tax Value Tax Int Total
D. H. Whitehill
1930 1 to 40 22%5FH 1/3 410 5 74 280 3 92 3 92
1-931 1110 15 54 280 3 92 3 92
1932 850 11 90 280 3 92 3 92
1933 680 9 52 280 3 92 3 92
1934 510 7 14 280 3 92 3 92
1935 430 6 02 280 3 92 3 92
1936 Approved by Board 620 8 68 280 3 92 98 4 90
Paid in full 64 54 28 42
H. A. Short
1931 15 - 104 FH 510 7 14 280 3 92 3 92
1932 390 5 46 280 3 92 3 92
1933 310 4 34 280 3 92 3 92
Paid in full 16 94 11 76
Mollie Games
1935 11 - 23 Scotland 280 3 92 3 92
Paid in full
W. E. Dickey i
1927 M401 13-14 169 Orig. 330 4 62 180 2 52 2 52
1929 330 4 62 180 2 52 2 52
1930 Vacant 280 3 92 180 2 52 2 52
1931 250 3 50 180 2 52 2 52
1935 Value 16 66 10 08
N. A. Moore
1932 10 - 3A HL 800 11 90 610 8 54 2 13 10 67
1933 680 9 52 9 52
1934 510 7 14 7 14
1935 610 8 54 8 54
Paid in full 37 10 35 87
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Original Original Reduced Reduced Pen &
Year Value Tax Value Tax Int Total
Mrs. U. E. Flournoy
1931 1 - 101 Orig. 350 4 90 100 1 40 1 40
1932 270 3 78 100 1 40 1 40
1933 220 3 08 100 1 40 1 40
1934 170 2 38 100 1 40 1 40
1935 90 1 26 1 26
1936 200 2 80 100 1 40 35 1 75
1937 140 1 96 30 2 26
1938 140 1 96 23 2 19
1939 140 1 96 19 2 15
$5 per month 2 04 g
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Moved by Alderman Naylor that the Board of Aldermen of the City of
Wichita Falls authorize the execution for and on behalf of the City of Wichita
Falls that certain Works Projects Administration Project Proposal, Sponsor's
Proposal No. 1-40, and being a project to erect a building for the housing of
social and recreational activities of women in the City, and further that W. E.
Fitzgerald, Mayor of the City of Wichita Falls, be authorized to execute such
project as the Sponsors Agent and that T. Bryan Miller, City Manager, be author-
ized to execute such project as the fiscal officer of said City.
Motion seconded by Alderman Wolf and carried.
Moved by Alderman Naylor that the Board of Aldermen of the City of
Wichita Falls do hereby allocate and set aside to that certain project des-
cribed in Works Projects Administration Project Proposal, Sponsor's Proposal
No. 1-40, and entitled,"Project to erect a building for the housing of social
and recreational activities of women in the City," all those certain funds,
materials and equipment as set in such proposal as the Sponsor's contribution,
and being in the total amount of $339092.00, and that such funds be allocated
from and constitute a charge against the Special Building Fund of said City.
Motion seconded by Alderman Wolf and carried.
Moved by Alderman Wolf that the following resolution be adopted:
Motion seconded by Alderman Naylor and carried.
RESOLUTION
M EREAS, 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 Works Projects Administration, for a WRA project, Sponsor's Proposal
No. 1-40, for the purpose of construction of building for the housing of social
and recreational activities of women in the City of Wichita Falls, Wichita
County, Texas, hereinafter referred to as the project, which, if any such appli-
cation is granted and said project is operated, will require the expenditure of
a large amount of Federal funds, and
VHEREAS, Federal fun s may not he expended through the Works 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
ov..nership, management, possession and control. of the City of Wichita Falls, and
WEREAS, it is required by the Works Projects Administration thft these
facts be certified by the Mayor of said City.
NOW THEREFORE BE IT RESOLVED BY T E BOARD OF ALDER21.11N OF THE CITY OF
WI CHI TA FALLS, TEXAS:
That the City of Wichita Falls, in consideration of the premises and
in order to induce the expenditure of Federal funds in operation of the project,
obl _gates and binds itself to the Government 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 nov: in the exclusive ownership and possession of the sponsor, and that
the sponsor will retain the exclusive ownership and possession thereof during
the sueful 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 or management
of the project to any person, association, organization or corporation, and that
it wil-I devote the project to the public use and without discrimination.
3. That in the event of any breach by the sponsor of any obligation
set forth in paragraphs Number 1 or 2 above, it will forthwith return and refund
to the Treasurer of the United States, upon demand by the Works Projects Adminis-
tration, 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 Works Projects Administration is under no obligation to
commence the project, nor to complete it if it is commenced, but should the Works
Projects Administration commence the project, it will do so in reliance upon the
representations and obligations herein set forth and its commencement of the pro-
ject will be ipso facto its acceptance of said representations and obligations.
5. That W. E. Fitzgerald, Mayor, be and is hereby authorized and
directed to execute and certify these presents and order the same to be attested
by J. H. Crouch, City Clerk, and the seal of said City affixed hereto.
PASSED AND A 'PROVED this the 4th day of March, A. D. 1940.
W. E. FITZGERALD
(Signature of Official acting fir sponsor)
MAYOR CITY OF WICHITA FALLS TEXAS.
Title Official acting for sponsor)
ATTEST: J. H. CROUCH
(Signature of attesting Official
CITY CLERK CITY OF WICHITA FALLS TEXAS.
Title of attesting Official)
ORDINANCE NO. 1300
AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE AND MAINTENANCE OF AN UNDERPASS PROJECT AT THE INTERSECTION OF LINCOLN STREET
WITH THE PROPERTIES AND TRACKS OF THE FORT VUR?'T AND DF,NVER CITY RAILIKAY COYPANY
IN THE CITY OF WICHITA FALLS, TEXAS, AND AUTHORIZING THE MAYOR OF ula CITY TO
EXECUTE AND THE CITY SECRETARY TO AFFIX TIIE CORPORATE SEAL AND ATTE`'T THE SATaC;+ ,
A CERTAIN. CONTRACT BETWEEN THE CITY, THE STATE OF TEXAS AI:D TET RAILROAD COYFANY
PROVIDING FOR 7HE INNTALI.ATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF
SAID UNDERPASS PROJECT; FOR THE GRANTIVG OF LICENSE AND PERNTISSION BY TIC RAIL-
ROAD COMPANY FOR SAID PROJECT; FOR THE PAY'TKT, BY THE STATE OF TEXAS, OF THE CON-
STRUCTION COSTS OF SAID PROJECT; FOR THE ASSUMPTION, BY THE CI`.t'Y, OF ALL DAMAGES
TO ADJOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPANT
THEREOF; FOR THE PROTECTION OF THE STATE OF TEXAS AND THE RAILROAD COMPANY AGAINST I
ALL SUCH DAMAGES ANE, EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREFOR; FOR
THE MAII\-TENANCE OF Tr1E UNDERPASS PROJECT; AND DECLARING AN IYERGENCY AND PROVID-
ING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROIt'i AND AFTER ITS PASSAGE.
Moved by Alderman Naylor that Ordinance No. 1300 be passed on its first
reading.
Motion seconded by Alderman Williams and carried with the following vote:
Yeas: Aldermen Bebb, Naylor, Stampfli, Williams and Wolf.
Nays: None.
Dorothy 'Vinson, represented by Phillip Kouri, Attorney, filed a written
request for payment of alleged personal damages. The Mayor pro tem referred this
request to the City Attorney for report and recommendations to the Board.
Moved by Alderman Naylor that the following resolution be adopted:
Motion seconded by Alderman Williams and carried.
RESOLUTION
WHEREAS, the City of Wichita Falls is desirous of assistance in operat-
ing and expanding the library service in the City through Kemp Public Library; and
WEREAS, this City is desirous of the Works Projects Administration
assisting in carrying; out such a project by furnishing services of library clerks
in this library; and
YFVREAS, the City of Wichita Falls agrees to pay the full proportionate
part of such expense by furnishing the necessary equipment, supplies and super-
vision needed by the project; and
WMEAS, it is advantageous for such a project to operate on a County-
Wide basis;
NOW THEREFORE BE IT RESOLVED, that the City of Wichita Falls, represented
by Edwin A. Bebb, Mayor pro tempore hereby grants authority to T. B. Golden,
County School Superintendent of Wichita County, to sponsor such a County-Wide
Library Project, and to operate such a project in the Kemp Public Library in
Wichita-.Falls, Texas.
EDWIN A. BEBB
Mayor pro tempore
Loved by Alderman Williams that the Board of Aldermen adjourn.
Motion seconded by Alderman Stampfli and carried.
The Board of Aldermen then adjourned.
PASSED APD APPROVED this the llth day of March,A. D. 1940.
dr. �. Z �
MAYOR
ATT
�( CITY CLERK
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