Min 12/22/1941 676
Wichita Falls, 'Texas
December 22, 1941
Memorial Auditorium
The Board of Aldermen of the City of Wichita Falls met in regular
session at 8:00 o'clock P. M. in the Council Room of the Memorial Auditorium
Building on the above date with the following members present:
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W. E. 1+'itzgerald, kayor
J. W. Fitzpatrick
W. Ralph Hyer, 1
H. J. Naylor, 1 Aldermen
V. E. Stampfli, 1
Jas. Lt. Williams, (V
:rank Wolf, 1
J Bryan Miller, City Manager
J. H. Crouch, City Clerk
T. A. Hicks, City Attorney
The minutes of the regular meeting of December 15th, were read.
Moved by Alderman 5tampfli that the minutes of the regular meeting
of December 22nd, be approved as read.
Motion seconded by Alderman Naylor and carried.
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R E 5 0 L V T I O N
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A RESOLUTIOiV AUT'HCRIZUiG Tait At,r;PT'Ahv Of'' ULdTAlii PAY-
BaEY1'S Ii LIAJ OF TAXES FRO& THE AfAaINISTRATOR OF THE
FEIZRAL lk)RKS AG&N6 Y, APVX VIN G A FO 1'&i Olt' U C N'TRAC T W.Vfk
THE YED&AL 'ORKS" AIIii.NISTRATOR WITH RESPECT THERETO,
Aj i) AUTFiO.RIZING `IhE EXECUT101% OF SAID CulvTKACT.
YH J'Ri:AS, the Administrator of the Federal Works Agency (Hereinafter
referred to as the "Administrator") is authorized .and proposes to develop and
administer a housing project (herein called the "Development") being, near or ad-
jacent to the territorial limits of the City of Wichita Falls, of Wichita County,
of the State of Texas (herein called the "City") , and said Development, known
as Project No. TKL-41121-x, will include approximately 175 dwelling units; and
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to the City; and
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'1ihEXr6, it is necessary to the public health, safety and welfare
of the City that living accomodations be provided for persons engaged in
national defense activities; and
WiEm, AS, the City will directly benefit from the construction of new,
safe and sanitary dwellings for such persons and their families:
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lvue�, 't StC�rUtcr:, 13ffi� i'1' RE6uLVEy BX liiE r XOit AiVi) BUARi) OF AL04iia'ilai
i 0-r '1riE (;1'1'Y O1 tUiUtu-ih rtiLl , ut ViLU il'1'A GUUti'1'Y0 '1hAAS:
Section 1. That the City hereby determines that, for the purpose of
aiding said Administrator in his of-forts to develop a housing project in the
City, the City shall cooperate with the Administrator by furnishing, municipal
services and facilities for the Project in consideration of the payment of certain
sums by the Administrator to the City in lieu of taxes, all as more fully
provided in the form of agreement set forth in Section 2 hereof.
SECTI0ki 2. That the City shall enter into a contract with the
Administrator substantially in the following form:
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AGRMENT EE TIMM4
THE UNITED STATES OF AXERICA MtREI N CALLED THE -GOVMft MRV r)
AIND ThE
C1`1'Y OF MCHITA FALLS ( j: REIN CALLED THE "CITY)
CN PAY16EivZS lid LIEU OF TAXI
Vt' EAS, pursuant to Public No. 849, 76th Congress - the
Lanham Act (herein referred to as the "Act"), the Federal Viorks Administrator
(herein referred to as the "Administrator") is authorized to develop
housing to accommo�'ate persons engaged in national defense activities
(as defined in the Act) ; and
WiEP—EAS, the Administrator has authorized the development of
such housing, consisting of appro)dmately 175 units to be located, or
which will hereafter be annexed any? located, in the City of Wichita Falls,
tichita County, Wexas, (identification No. TEX-41121-)L and herein referred
to as the "Development") ; and
Y�&ZEAS, by virtue of the fact that the Development and land
acquired or to be acquired in connection therewith and the improvemenks there-
on are owned or are to be owned by the Government, such land and improvements
are or will be exempt from taxation by the City of Wichita Falls (hereinafter
referred to as the "City"), and by all other political subdivisions of the
State of Texas; and
MIEREAS, the Administrator, by virtue of Section 9 of the Act
is authorized to enter into agreements to pay annual sums in lieu of taxes
and the Administrator is willing to make certain payments in lieu of taxes
to the City and to other political subdivisions in which t ha Developme nt is
or vdll be situated:
NOW, lffi3 E FORE, T�II S AGi E&M`' h'I`NESS:E`11i:
That in consideration of the mutual covenants and conditions
hereinafter set forth, the parties hereto agree as follows:
1. The Government shall pay (subject to the terms and conditions
hereof) to the City annually a sum equal to 8.0 percent of the total annual
dwelling shelter rentals charged for occupied units in the Development,
provided that the amount to be paid in lieu of taxes for any year with respect '.
to the Development shall never exceed the taxes that would be paid upon such c
property if it were not exempt from taxation. For the purpose of evidencing
compliance with the provisions of this Paragraph, the City will furnish the
Administrator with such information as may from time to time be requested. For
purposes of this Paragraph, shelter rent shall mean the charge established
(or estimated) for the use of a dwelling excluding the furnishing of any
utilities (i. e. , water, heat, heating of water, light, cooking fuel, or re-
frigeration energy).
2. The amount to be paid annually by the Government pursuant to
Paragraph 1 hereof'shall be paid at the same time as ad valorem taxes are due
the City.
3. The City agrees that during the period ccom encing with the date
of the acquisition of any part of the site or sites for the Development and
continuing for the life of this Agreement, it will not make any charge against
the Government for any special services in connection with the construction
and administration of the Deve]cpnent except such charges as may be agreed to by
or on behalf of the Administrator.
4. The Government shall be under no obligation to make the pay-
went to the City provided for in Paragraph 1 hereof unless and until the site
of the Development shall have been anre xed to and included within the boundaries
of the City.
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5. - The City will furnish to the Government and the tenants of the
Development, the usual municipal services and facilities which are or may be i
furnished without cost or charge to other dwellings and inhabitants in the
City, including, but not limited to fire, police and health protection and ser-
vices; btreet lighting; fire hydrant service; and sewer service. E
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6. The City will maintain in good repair and working order any
and all municipal utilities and facilities provided by it for the use and benefit
of the Development and the tenants thereof; and will maintain in gDod repair .
streets, roads aiid alleys which are adjacent cr leading to, or which we within
the boundaries of, the Development.
7. Vothing in this Agreement shall be construed to confer any exemption
upon the tenants who may occupy the Development from the payment of taxes which
may be lawfully assessed against then.
8. In the event the State cf Texas and/or any political subdivision
or taxing body or bodies thereof, shall request the Administrator for a payment in
lieu of taxes, the City will negotiate with said State and/or political subdivision
and will pay the State and/or political subdivision or taxing body or bodies such
proportion of each annual payment provided for in Paragraph 1 hereof, as the tax
rate or rates of the State and/or political subdivision or taxing body or bodies
bears to the total tax rate which would be levied against the Development if it were
owned by private enterprise ali subject to normal taxation, or such lesser amount as
may be agreed upon between the City, the State and/or any political subdivision or
taxing body or bodies thereof. For purposes of this Agreement, the term "taxing
bodies" shall mean the State of Texas and every political subdivision or taxing unit
thereof (including the City and excluding hiehita Falls Independent School District)
which shall have authority to levy taxes, or to certify taxes to a taxing body or
public officer, to be levied for its use and benefit, and in which the Development
is situated.
9. This Agreement shall continue in full force and effect with respect
to the Development so long as title thereto is held by the Government and so long as
the emergency declared by the President on September 8, 1939, to exist, continues;
provided, however, that so long as title to the Development is held by the Government
after said emergency has terminated this Agreement shall continue in full force and
effect until sixty dgrys after either party has given to the other written notice that
the Agreement shall terminate at the end of said sixty days.
10. Upon the sale by the Government of any part or parts of the Develop-
ment, the part or parts so sold shall, from the date of sale, no longer be considered
part of the Development. Upon the termination of this Agreement as to the whole
of the Development, the Government will pay such portion of the annual payment called
for by Paragraph 1 hereof as the elapsed portion of the twelve-month period bears to
twelve months.
11. No Member of or Delegate to the Congress of the United States of
America shall participate in the funds made available under this Agreement.
Ij�- VTI`1'Mv 6j' TIHMIMF the City of Vdchita Falls and the Government have
respectively caused this Agreement to be duly executed as of this 29th day of
December, 1941,
CITY OF WLC�1TA FALLS
(Oe WICHI`l'A CUUITft, TEXAS)
By W. E. Fitzgerald
Mayor
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Attest;
! J. n. Crouch
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City Secretary
i WiIT-Eii S`fli:ZhS Lie ALLER IUA
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Federal Vbrks Administrator
Attest:
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S.60'1:IOiv 3. That the Mayor and the Clerk of the Board of
Aldermen are hereby authorized to execute a contract substantially in
the form set forth in Section 2 hereof , n behalf of the City.
SEOTIOid 4. Ihis resolution shall take effect within the
earliest time permitted by Law.
A r'ROv�D this the 29th day cr December A. D. 1941.
W. E. Fitzgerald -
I�ayo r
J. H. Crouch
City Clerk
Moved by Alderman Hyer that the foregoing resolution be
adopted.
Motion seconded by Alderman Fitzpatrick and carried with the
following vote:
Yeas: Aldermen Fitzpatrick, Hyer, Stampfli, Williams, Naylor
and Wolf.
Nays: None.
kayor Fitzgerald called for the stated public hearing on
application of the Bowen Motor Coaches submitted in Ordinance h o. 1337,
providing fbr franchise for the operation of local buses.
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ILoved by Alderman Williams that the Board of Aldermen authorize,
as the lowest and best bid, purchase of new fire hose as follows:
1,000 ft. 2'-" Hewitt Rubber Corporation Record .68
500 " 22" American La-France, Brigade .77
50cy 2 ++ Eureka Fire Hose Div. W. F. Special .76�
500 °' 2 " Fabric Fire Hose, t'. F. Special .762
1,500 l IF Eureka Kre nose Div, p_ultiple Leader 'rire .75
750 '+ 11+ Eureka Fire hose, Chemical .31
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kotion seconded by Alderman Stampfli and carried.
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h=oved by Alderman Stampfli that the Board of Aldermen authorize
and order adjustment of personal and property taxes and settlement of
same as set out in the foijaving schedule:
PROPERTY LOT & BLOCK VALUKViOiy
R. E. 661 Jaffe Lot 9 - 176 18,000
777-B Barkley 6 - 150 Blond 9,000
777-C Barkley 7 - 150 1 Story 8,910
782-A Levine 10 - 163 Noble H 2O,000
782-C Levine 1-2 163 7th St 1,620
830 YcConrrell 3-2 2 B & J 5,500
965 Brown 1 - 185 24,300
1242 Filgo 2 - 194 27,000
761 7'alker 2 - 165 Vacant 12,360
1482 Lebenson 5 - 151 A & P 9,540 j
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Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman jvaylor that the Board of Aldermen of the City
of Wichita malls accept as the lowest and best bid the bid of Wallace-
Tiernan Co., to furnish and install complete one 750 Pound Chlorinator,
as shoves on plans and described in Specifications (Contract Documents
volume 11) together with necessary supplemental drawings, and including
all equipment, piping, valves, fittings, appliances, labor, transportation,
tools, etc. necessary to complete the work outlined in the plans and
specifications. All intermediate and unskilled labor who do not use tools
I of the trade will be furnished by the City of Wichita Falls, through the
i V�brks Progress Administration, for the sum of $4,869.00.
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Motion seconded by Alderman Stampfli and carried.
Mayor Fitzgerald requested the City Manager to secure bids on
both a 7' and an 8' non-climable fence for the Water Plant properties.
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Moved by Alderman Stampfli that the Board of Aldermen authorize
a refund of $980.00 to Stephens-Pruitt Lumber Co:, in discharge of an
agreement and contract for the installation of sewer lines, manholes in
the Beddow &. Hill Subdivision on Marie Stfeet.
Motion seconded by Alderman Naylor and carried.
Moved by Alderman 'Wolf that the Board of Aldermen authorize payment
of :$500.00 to Toe E. Ward, Consulting Engineer, for services and expemes
!i in Washi ngtbn, D. C. in March and April 1941, in connection v+dth the securing;
of approval of a WPA and CAA application for funds to improve the kunic ipal
Airport.
kotion seconded by Alderman Hyer and carried.
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Moved by Alderman 94aylor that the Board of Aldermen order transfer
of the sum of 02736.97 from the Water Fund to the Fire and Police Building
Fund.
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a Lotion seconded by Alderman Wolf and carried.
Moved by Alderman Wolf that the Board of Aldermen grant chauffeurs
license to Tas. A. Lee and Paul Graham.
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kotion seconded by Alderman Byer and carried.
i URDIiyANCE NO. 1338
AN, URDII,4ANCE CRiATiau A MUiNIUIYAL LEXPE '6E COW UIL,
YHl:iCHIB11vU Il.a DUTIES ANDki&R 1] c;LAxlivu Aia vF.Rt ;NCY.
F 4S, the President of the United States, by Executive Order
signed on P.ay 20, 1941, created the Office of Civilian Defense in the Office
for Emergency Management; and
wtih; ' ' S, the Uffice of Civilian Defense has requested the cooperation
and assistance of all municipalities in carrying out the Civilian Defense program;
and
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'Wit2hA6, it is desirable to coordinate a1.1 municipal defense
activities in one municipal agency;
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icw, '1'H i�c;i+UH , BL; ki OilAii�L D BY 'air; BU.iKD uic ALDEA41M vi' Ttim
Cl'i'Y Gar WlCnl'JA �tiLL�, 'Truitt, 1
61&UTIOty 1. 'There is hereby created the Municipal Defense Council
of the City of Wichita Falls.to be composed of the Mayor as Coordinator j
and such other persons, not exceeding eleven in number, as the kayor may
appoint from time to time. The Mayor shall designate one of the members
so appointed as Chairman who shall be the Assistant Coordinator for the
City, and one other member as Vice-Chairman.
SECTION 2. The Municipal Defense Council, shall have full and
plenary pouters to employ such persons as may be necessary to carry out
the functions of the Council. These persons shall be subject, however,
to all regulations provided by law, ordinance or resolution.
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SECTION 3. The Municipal Defense Council shall be charged with
the duty of coordinating all defense activities of this City and it shall:
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(1) Coordinate the activities of municipal and private agencies
cooperating in the defense program;
(2) Keep in contact with th Office of Civilian Defense and the
Governor's Office to the end that all of their requests and suggestions shall
receive prompt and efficient response;
(3) Conduct studies regarding defense problems of the City to
the end that the Municipal Government will at all times be abreast of the {
problems of defense, and information desired by Federal and State agencies
will be readily available;
(4) Survey existing facilities, proffers of facilities, services
and ideas originating within the city and make appropriate disposition of
them;
(5) Act as a clearing house on municipal defense information
for all governmental and private agencies cooperating in the defense program;
(6) Direct information regarding the defense program to all
municipal departments or agencies which are or may be affected thereby;
(7) make recommendations, from time to time, for improvemeit3
in the handling of defense problems affecting the City;
(8) Perform such other advisory functions as may be requested
by agencies or departments of the Federal and State Governments in
connection with the National Defense program;
(9) Do whatever is necessary and proper to carry out the intent
and purpose of this ordinance, tending to protect life and property.
SECTION 4. The Yunicipal Defense Council may expedite procedure
by organizing itself into subcommittees and may subdivide its work and
prescribe such rules and regulations as are not in conflict with the provi-
sions of this ordinance. It shall prescribe training regulations. It may
delegate the authority of preliminary hearings for dismissal of voluntary
workers to the heads of departre nts.
The municipal Defense Council may appoint additional committees
to meet any emergency that may arise but shall report same promptly to the
Bo:=rd of Aldermen, vhich shall have the authority, at its discretion, to
order the discontinuance of such committee. Any person appointed to any
position created under this ordinance may be removed by the appointing
authority for any reason deemed by. it to be sufficient.
SECTION 5. This ordinance is hereby declared to be an emergency
measure and shall take effect immediately upon its passage and approval.
PA; ED AID APiROTED this the 29th day of December A. D. 1941.
W. z;. Fitzgerald
Mayor
A. ihsT:
J. h. Crouch
City Clerk 5
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Moved by Alderman wolf that Urdinance No. 1338 be passed on
its first reading.
k:otion seconded by Alderman Fitzpatrick and carried with the
following vote:
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Yeas: Aldermen Fitzpatrick, Byer, Stampfli, Williams, Wolf and
Naylor.
Nays: None.
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Moved by Alderman Williams that the rule requiring ordinances be
read on three separate days be suspended and that Ordinance No. 1338 be
passed on its second reading.
lotion seconded by Alderman Naylor and carried with the following
vote:
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j Yeas: Aldermen Fitzpatrick, Hyer, Naylor, Stampfli, Williams and
Woolf.
Nays: None.
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Moved by Alderman Stampfli that Ordinance No. 1338 be passed on
its third reading, and adopted as read.
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botion seconded by Alderman .Fitzpatrick, and carried with the
! following vote:
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I Yeas: Aldermen Fitzpatrick, dyer, Naylor, Stampfli, Williams and
Wolf.
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jNays: None.
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UN DiNAN OE NO. 1333
AN ui'D-L lE AC-0, MAIUAU AP-PHUYhiA`i'lON r'OR SU"YOt r U e' TfiE Ci`1'Y GOVER1164IENT
FUR 'ih6 F1SUAL YtAtt 13hGu iaNu 0(;`i"O.8m 1, 1941, A vD &,I)I NG 81;F1'EmB-A 30, 1942.
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Moved by Alderman Yaolf that Ordinance No. 1333 be passed on its third
and final reading and be adopted as read.
potion seconded by Alderman Byer and carried vdtn the following vote:
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Yeas: Aldermen ritzpatrick, nyer, Naylor, atampfli, Williams and Uclf.
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ways: hone.
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11oved by Alderman Stampfli that the Board of Aldermen adjourn.
Motion seconded by Alderman Williams and carried.
The Board of Aldermen then adjourned.
PASSED AND APIROVED this the 5th day of Tanuary A. D. 1942,
MAYOR
AlT±ST:
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CITY CLERK
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