Min 10/20/1941 650
Wichita Falls, Texas
October 20, 1941
Yemorial Auditorium
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The Board of Aldermen of the City of Wichita Falls met in
regular session at 8:00 o'clock P. Y. in the Council Room of the emcrial
Auditorium Building on the above date frith the following members present:
W. E. Fitzgerald, 1-'-'ayor
3 T. 7% Fitzpatrick, I
'i. Ral ph Hyer, !
IT. T. Naylor Alderme n
j V. E. Stampfli
Tas. ,=. Williams , �
Frank T.-olf,
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T. Bryan biller, amity k'anager
11. Crouch, vit,y Clerk
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T. A. ticks, City Attorney
The minutes of the repula--• session October 13th, were read.
loved by Alderman Williams that the minutes of the r<I,gular
session of October 13th, be approved as read.
lt?otion seconded by Alderman wolf, and carried.
TJayor Fitzgerald excused Alderman flyer from attendance at
tl�is meeting, whereupon Alderman flyer left the Council Chamber.
The Texas Electric Service Uo., represented by their Attorney
Leslie Humphrey, requested that the Board of Aldermen allow the withdrawal
of Ordinance No. 1328, being an ordinance proposed by the Texas Electric
Service Company, providing for the extension of the present franchise, and
the levying of a 27c gross sales tax, and in lieu thereof requested the Board
of Aldermen to c(;nsider a proposed 10 year contract by and between the City
of Wich to Falls, Texas and the Texas Electric Service Co., providing for the
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levying of a 2% gross sales tax.
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x E S C L U T I C N
BE IT RESCUED by the City Council of the City of Zichita Falls,
Texas, that, whereas the Texas Electric Service Company, v,hich has heretofore
made an application for the extension of its franchise,and proposed a contract
for a reasonable rental or compensation for the use of its streets and alleys,
and has withdrawn its application for an extension of its franchise and
proposes a contract and agreement with the City of Wichita Falls covering the
j Company's use and occupancy of the streets, alleys, highvyays, easements, parks,
and other public places, and has agreed that such payment to be made for such
use will not be added to the bills of the consumers, and that the rate ordinance
may be amended so as to carry out such agreement:
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BE 1T THEREFORE RESOLVED that the Payor be, and is, hereby authorized
a to execute and enter into, and the City Secretary be, and is, authorized to
attest, such agreement with the Texas Electric Service Company, the present owner
I and holder cf an electric light and power franchise, heretofore -ranted by the
City, covering said Company's use and occupancy of the streets, alleys, highways,
I easements, parks, and other public places within the City of Wichita Falls,
G Texas, upon the terms and conditions set forth in a form of such contract this
day submitted and filed with the City Secretary.
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PASSED AND ADOPTED, this 20th day of October, A. D.
1941.
W. E. Fitzgerald
It7A Ynx
ATTEST:
. 11. Crouch
Secretary
Moved by Alderman Stampfli that the foregoin• resolution
be adopted.
motion seconded by Alderman Williams and carried ijith
the following vote:
Yeas: Aldermen Fitzpatrick, Rpm, Vaylor, Stampfli,
Williams and wolf.
Nays: None.
xES C L U T IO r,
It appearing to the City Council of the City of Wichita
Falls , Wichita County, Texas, that the Texas Electric Service Company
has agreed to an annual payment of tm percent (27o) of certain of its
gross revenues from certain sales of electricity within the corporate
limits of the City as full payment for the privilege of using and ;
occupying the streets, alleys, highways, easements, parks and other
public places within the City, as rental, supervision and inspection
charges or otherwise, and as more particularly set out in the alzreement
which the City Council on this date has authorized the Yayor to enter j
into with the Texas Electric Service Companyt
NOW, THEREIN )HE, BE IT RESCLVED by the City Council of the
City of Wichita Falls, Wichita County, Texas, that in so far as the
same pertains to payment of taxes all rate schedules of Texas Electric
Service Company now on file in the office of the City Secretary of this
City are amended so that they shall hereafter be considered to contain
the following clause:
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"Plus an amount equivalent to the proportionate
part of any new tax or increased rate of tax or
goverpnental imposition or charge (except state,
county, city and special district ad valorem
taxes and any taxes on net income, and the two
percent payment which the Company has ac7reed to
make to the City based upon certain gross revenues)
levied or assessed. against the Company upon its
electric business as the result of any new or amended
laws or ordinances after June 1, 1934."
PASSED AND !XCITED on this the 20th day of Cctober A. D.
1941.
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TIT. E. Fitzgerald,
MAYOR
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A71�r'ST
T. T1. Crouch,
City Clerk
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Moved by Alderman Wolf that the foregoing resolution
be adopted.
Motion seconded by Alderman Zitampfli and carried with
the followinp- vote:
Yeas: Alderman Fitzpatrick, Naylor, 5tampfli, Williams and
?oif.
Nays: None.
i Voved by Alderman Naylor that the Board of Aldermen adjourn.
Notion seconded by Alderman Stampfli and carried.
The Board of Aldermen then adjourned.
PASSED k,,DAPPHOVED this the 27th day of October A. D.
j 1941.
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