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Min 04/30/1940 365 Wichita Falls, Texas* Memorial Auditorium Building April, 30, 1940. The Board of Aldermen of the City of Wichita Falls, Texas, met in regularly recessed session on the above date at 9:30 otclock P. M. in the Council Room of the Memorial Auditorium with the following members present: W. E. Fitzgerald Mayor J. W. Fitzpatrick W. Ralph Hyer H. J. Naylor Alderman Jas. M. Williams j Frank Wolf V. E. Stampfli J. Bryan Miller City Manager I Geo. T. Henderson Acting City Clerk 1 T. A. Hicks City Attorney i The meeting was called to order by Mayor Fitzgerald who announced the purpose of the meeting, among other matters, to be the consideration of Ordinance No. 1303, authorizing the refunding of an equal amount of valid and subsisting jindebtedness evidenced by bonds issued by said City, known as "Consolidated I Refunding Bonds," dated June, 1, 1936. i i i ORDINANCE NO. 1303 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $3,150,000.00 REFUNDING BONDS, SERIES 1940, OF THE CITY OF WICHITA FALLS, TEXAS, FOR THE PURPOSE OF REFUNDING A LIKE AMOUNT' OF OUTSTANDING BONDED INDEBTEDNESS OF SAID CITY, FIXING THE FORM AND DETAILS OF SAID REFUNDING BONDS, SERIES 1940, AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON AND FOR THE LEVY AND COLLECTION OF TAXES FOR SUCH PURPOSE, AND DECLARING AN EMERGENCY. was introduced in writing by Mayor W. E. Fitzgeralc and was read. Moved by Alderman Wolf that Ordinance No. 1303 be passed an its first reading. Motion seconded by Alderman Fitzpatrick and carried by the following vote. i I YEAS: Aldermen Fitzpatrick, Hyer, Naylor, Stampfli, Williams, Wolf. I NAYS: None. I Moved by Alderman Williams that the rule requiring ordinances to be read on three separate days be suspended and an emergency declared and Ordinance No. 1303 be passed on second reading. Motion seconded by Alderman Stampfli and carried by the following vote. YEAS: Aldermen Fitzpatrick, Hyer, Naylor, Stampfli, Williams, Wolf. i NAYS: None r Ordinance No. 1303 was then read in full. .I Moved by Alderman Hyer that Ordinance No. 1303 be passed on third and final reading and be adopted as read. Motion seconded by Alderman Naylor and carried by the following vote. YEAS: Aldermen Fitzpatrick, Hyer, Naylor, Stampfli, Williams, Wolf. NAYS: None. L -- - - -- - -- - - RESOLUTION WHEREAS, The Mayor and Board of Aldermen of the City of Wichita Falls, upon the advice of Campbell, Phelps and Co., Inc. engaged the services of Masslich & Mitchell to furnish the appoving opinion for the Refunding Bonds, Series 1940, of the City of Wichita Falls, aggregating $3,150,000.00, at a fee of not to exceed $1.00 per bond: and, WTMEAS, Campbell, Phelps & Co. , Ind., advised the City oft Friday, April 26, 1940, that they had been notified by Masslich & Mitchell on that date that it was impossible for them to approve the bonds on account of the premium to be paid on the optional bonds: and, WHEREAS, the Syndicate consisting of Campbell, Phelps & Co. Inc., Crummer & Co. , Fenner & Beane, and other associates, did on Friday, April, 26, 1940, retain the services of Chapman and Cutler of Chicago to furnish the legal opinion on the aforesaid mentioned bonds: j and, WHEREAS, the City of Wichita Falls has heretofore paid Masslich & Mitchell the sum of $750.00 for services rendered, to be applied on the full charge for services, should the opinion finally be rendered: and, i W12 REAS, Masslich & Mitchell advised they could not approve the bonds, and in turn were advised by Campbell, Phelps & Co. Inc., that their services would no longer be required, I NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Board of Alderman of the City of Wichita Falls do hereby approve the action of Campbell, Phelps & Co, Inc., of relieving Masslich & Mitchell of any further responsibility in connection with the refunding program, and also approve the action of the Syndicate in retaining the services of Chapman & Cutler of Chicago to furnish the necessary approving opinion. +I RESOLVED, FURTHER, THAT the City's liability for payment of the cost of the approving opinion be limited to the amount specified in the original agreement, less the payment to Masslich & Mitchell of $750oOO; viz, the cost to the City for the final approving opinion for the $3,150,000.00 of General Refunding Bonds, Series 1940, of the City of Wichita Falls, shall not exceed the sum of $1.00 per bond for the entire issue, less the payment of $750.00 made to Masslich & Mitchell under date of October, 31, 1939. PASSED AND APPROVED THIS THE 30TH DAY OF APRIL, 1940. Mayor ATTEST: City Clerk. Moved by Alderman Stampfli that the foregoing resolution be adopted. Motion seconded by Alderman Fitzpatrick and carried by the following vote. ' YEAS: Aldermen Fitzpatrick, Hyer, Naylor, Stampfli, Williams, Wolf. . NAYS: None. 367 (2 ) ORDINANCE NO. 1304 AN ORDINANCE CIOSING AND ABANDONING THAT PORTION OF MORROW STREET FROM ITS INTERSECTION WITH ARDATH AVENUE TO ITS INTERSECTION x1 TH VAN BUREN STREET AND ADJACENT TO AND LYING NORTH AND TM OF BLOCK NO. THREE (3) OF THE HARRISON ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, SAID PORTION OF MORROW STREET BEING MORE PARTICULARLY HEREINAFTER DESCRIBED, AND DECLARING AN EMERGENCY. I Moved by Alderman Williams that Ordinance No. 1304 be passed on first I reading. Motion seconded by Alderman Stampfli and carried by the following vote. t YEAS: Aldermen Fitzpatrick, Hyer, Naylor, Stampfli, Williams, Wolf. NAYS: None. Moved by Alderman Naylor that the rule requiring q ng ordinances o be read on three separate days be suspended and an emergency declare dnd Ordinance No. 1304 be passed on second reading. Motion seconded by Alderman Hyer and carried by the following vote. YEAS: Alderman Fitzpatrick, Hyer, Naylor, Stampfli, Williams, Wolf. NAYS: None. Moved by Alderman Stampfli that Ordinance No. 1304 be passed on third and final reading and be adopted as read. Motion seconded by Alderman Fitzpatrick and carried by the following vote. YEAS: Aldermen Fitzpatrick, Hyer, Naylor, Stampfli, Williams, Wolf. NAYS: None. i x Moved by Alderman Fitzpatrick that the Board of Aldermen hereby approve and order paid the claim of Hamilton-Martin Investment Company against the City of Wichita Falls in the sum of $3,103.02, said amount being the full balance due Hamilton-Martin Investment Company under agreement with the City of Wichita Falls dated January, 25, 1926, for street excavations under private contract. Motioned seconded by Alderman Naylor and carried. Moved by Alderman Wolf that Mrs. Davidson by granted concession rights to operate soft drink stand on the Memorial Auditorium lawn at night during such times as there may be public speaking or public gatherings on the Memorial Auditorium lawn, providing, however, that sale of be made only at said stand and under no circumstances shall soft drinks be dispensed among the crowd on the lawn or near the platform or speakers stands, and for a consideration of 10% of the gross receipts • 368 i i 0 i Motion seconded by Alderman Byer and carried. 1 s Moved by Alderman Fitzpatrick that the meeting be adjouned. lotion seconded by Alderman Naylor and carried. THE BOARD OF ALDMWAN THEN ADJOUNRED. READ AND APPROVED THIS THE 6TH DAY OF MAY, A. D. 1940. Mayor ATT T: City Clerk.