Min 03/23/1942 731
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Wichita Falls, Texas
March 23, 1942
Memorial Auditorium
The Board of Aldermen of the City of Wichita Falls met in regular
session at 8:00 o'clock P. N:, in the Council Rcom of the Memorial Auditorium
Building on the above date with the following members present:
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J. w. Fitzpatrick, 1
w. Ralph Hyer, 1
h. J. r.aylor, 1 Aldermen
Jas. L-. Williams, 1
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J. Bryan Taller, City Manager
J. H. Crouch, City Clerk
T. A. hicks, City Attorney
The minutes of the regular meetings of Larch 9th and Vareh 16th,
were read.
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Moved by Alderman ivaylor that the minutes of March 9th and Yarch
16th, be approved as read.
Motion seconded by Alderman Fitzpatrick and carried.
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Moved by Alderman Williams that in the absence of Mayor W. h. Fitz-
gerald Alderman Hyer be appointed 1tiayor-protem for this meeting.
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Motion secoubd by Alderman ivaylor and carried.
Public hearing scheduled on order of the Board -f Aldermen biarch 9th,
and set for regular meeting is arch 23rd, on Proposed Ordinance ivo. 1337, vas called.
woved by Alderman ivaylor that the Board of Aldennen order publication
of Ordinance ivo. 1337.
iviotion seconded by Alderman rYtzpatriek and carried.
Cx,U.Lw NUZ #1342
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Moved by Alderman Naylor that Ordinance No. 1342 be passed on its third
and final reading and adopted as read.
Motion seconded by Alderman Williams and carried with the following
vote:
Yeas: Aldermen Fitzpatrick, Hyer, Naylor and Williams.
mays: i\one.
732
R k. 6 0 L U T 1 0 V
RESULUTiON ANDORDER OF Thv Ci,a Couh(;IL Q14, -j'ht; CITY OF
w-LUE.CIA vALIS, T'14:XAS, AUqhO.RIZIVG A RE-PIAT AND I)EI)IOXVION (1r` FART Or' THE
"ilGHIAND ADDITIOli, SOUIHSIDE AUUITIQLv AND KA±(LBGROUU±i ADDlTiO.L\, Ic Tfiz
CIIi-OF WiUhITA .CALLS, TEXAS, Skli RE-PIAT TU ih' KNOWN AS SHEPARD ESTATES
11E GIIY OF UiChilA iAL.LS, qBxAS.
ADDITiON TO 'I I
On this the 23rd day of March 1942, at a regular meeting of the
City Council of the City of Wichita Falls, Texas, a full quorum of said
Council being present aid acting, came on to be heard the petition of falter
Iyelson, Jr. asking for authority to make a re-Aat and dedication of the foll,-w-
ing described property, towit:
SECTIO-N 1: Lots Nos. 10 to 20, both inclusive, in Block
.No. 11; Lots Nos. 3 to 22, both inclusive, in Block INo. 12; Lots Nos 3 to
13, both inclusive, in Block No. 23; All in the 5outhside Addition to the
City of Wichita :Halls, Texas, according to the recorded map or plat there-
of.
Lots "Jos. 1 to 9, both inclusive, in Block IZ. 35-A; All
of Block No. 39-A; All of Block No. 42-A; Lots hos. 9 to 16, both inclusive,
in Block No. 40-A; Lots !Nos. 9 to 16, both inclusive, in block No. 41-A;
Lots Nos. 1 to 8, both inclusive, in Block ho 38-A; and the East one-half
of Blocks Nos. 104-105 and 106, all in the Highland Addition to the City of
vvichita Falls, Texas, according tc the recorded map or plat thereof.
SECIaOV 2: The West 40 feet of Lots 1, 2, 3, of Block Ao. 8.
karlborough Addition to the City or Wichita Falls, Texas, according to the
recorded map or plat thereof.
Ks is more fully shown by a sketch showing such Sheppard Estates
Addition Iresented to the Council for approval and proposed by said Walter
"elson, Jr., to be filed in the Deed Records of Wichita County, Texas, and
dedicated as an Addition to the City of Wichita Falls, Texas.
And no opposition to said petition being presented, or known,
and it appearing to the council that maid petitioner is now the owner and
sole owner_Qf the above described propErty out of the Cyrus Eakman Survey,
Abstractl^ Wichita County, Tem-'s, and that said re-plat of the above des-
cribed portions of said Highland Addition, Soutlxside Addition and Marlborough,
Addition will not be deterimental to the rights and uses of the adjacent
property owners nor of the public, the Council is of the opinion that said
petition should be granted.
THzRLIFORB, BE IT RE6CLV.KV Aim BY the City Council of
the City of Wichita Falls, Texas, that the petition of Valter Nelson, Jr.,
for permssion to re-plat the above described portion of Highland. Addition,
6outhside Addition and karlborough Addition, all or the City of Wichita Falls,
Texns, which he proposes to plat and dedicate as Sheppard Estates Addition to
the City of Wichita Falls, Texas, is hereby granted and authorized and the
said Walter Nelson, Jr., is hereby authorized to place upon said property the
dedication propos8d and to place of record in the Deed Records of Wichita
County, Texas, the plat and dedication of Sheppard Estates Addition to the City
of Wichita halls, Texas, including the above described property as proposed. fi
and authorized this the 23rd .day cf March A. D. 1942.
kAYUR
OLEA&
733
Moved by Alderman Williams that the foregoing resolution be
adopted as read.
,Motion seconded by Alderman iVaylor and carried with the following
vote:
Yeas: Aldermen r'itzpatrick, lvaylor, Hyer and Williams.
mays: None.
i+Loved by Alderman Williams that the Board of Aldermen accept as the
llowest and best bid the bid of Lewis Brothers for one 1940 Uhevrolet Coupe at $50a.00.
! Motion seconded by Alderman lvaylor and carried.
Moved by Alderman tvaylvr that the Board of Aldermen authorize payment
of 475.00 to Davis `1' Uates and wife Lula U ates for right or way easene nt on and
across lands being a part of the j . A. Scott Survey vo. ilk, for the purpose of
construction and maintenance of an earthen dike with flood gates, set out and more
full, described in instrument dated warch 17, 1.942, in reference thereto.
Motion seconded by Alderman Fitzpatrick and carried.
UzUl-wuy(:L tvU. 1345
liiv Urti111,vruuur; YrcraUrtlisllvlt .tr;�l,ul_t�►vir�iv t� r`iitt '1TiLvv1v.7'1'HU C'1`lUly yr D�r:�lvi�
i�u 1Lviiv ts.
:k:oved by Alderman Naylor that the above ordinance ivo. 1343 be passed
on its second reading.
:otion seconded by Alderman r'ttzpatrick and carried with the following
vote:
Yeas: Aldermen Fitzpatrick, Naylor, flyer and Williams.
Nays: hone.
Yoved by Alderman Williams that the hoard of Aldermen hereby order ands\,
establish tinter rates for the Wichita Falls Air Transport Company, operating the �
municipal airport at regular cit-- rate schedule applyinp' to operation and maintenance
of regular municipal departments, it being understood that these rates shall apply
oniy to ordinary and normal water usage, and being further understood that any inter
furnished to the Airport grounds for ordinary residential use shall be charged with
the regular City rates for residences. plus 10�, provided for 'in veter contract with
Sheppard Field and any other extraordinary costs or charges incident to service.
notion seconded by Alderman Naylor and carried.
bsoved by Alderman Naylor that the Board of Aldermen hereby set and es-
tablish water rates for the ►'omen's Recreational i'uilding at the regular rate schedules
applying to the operation and maintenance of municipal departments, it being un;er-
stood that this rate applies only to regular and normal usage.
motion seconded by Alderman Williams and carried.
Sam Spence, Attorney for J . h . Vmtlson, filed a claim dated March 23rd
for alleged damages in the sum of $300,00. This claim was referred to the City
Attorney.
734
Moved by Alderman Williams that the Board of Aldermen
hereby rescind its action of this date accepting as the lowest and best
bid the bid of Lewis Brothers for one 1940 Chevrolet Coupe at $500.00.
potion seconded by Alderman ivaylor and carried.
Moved by Alderman Williams that the Board of Aldermen hereby
order and authorize the transfer of $15,000 from the Water Fund to the
Water Revenue Bond Sinking Fund.
Motion seconded by Alderman Naylor and carried.
kroved by Alderman Naylor that the Board of Aldermen authorize
reimbursement to the Water Collection Department in the sum of $31.80
to cover over and short cash accounts from October 1, 1941 through Vareh
13, 1942.
Motion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Williams that the Board of Aldermen grant
chauffeur's license to Raymond nennan.
notion seconded by Alderman Fitzpatrick and carried.
Loved by Alderman Williams that the Baa rd of Aldermen hereby
authorize the execution of deed to Irs. J. t: . (Nellie ward) Blankenship,
Joseph E. Tard and William B. IArd for walkway run- ing East and West between
Lots Nos. 306 and 307 in Block P, Riverside Cemetery in the City of Wichita
"calls, Texas, being track of land four (4) feet ivorth and South and sixteen
(16) feet East and West and lying between said Lots, which are now owned by
the above named persons.
Lotion seconded by Alderman Saylor and carried.
Moved by Alderman Wlliams that the Board of Aldermen approve
the payment of $116.00 on account of C. W. Walker, Cit. employee injured
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in line of duty, and order same paid out of Water mprovement No. 1 Bond Fund
account.
ivotion seconded by Alderman Fitzpatrick and carried.
Aloved by Alderman Naylor that the Board of. Aldermen allow issuance
of all necessary building permits for the Antioch Baptist Church, colored,
without charge.
motion seconded by Alderman Fitzpatrick , and carried.
City Attorney, T. A. Hicks, filed a written opinion dated 'March
7th in re damaged automobile at intersection of Denver and llth Streets, s
December 18, 1941, Henry C. Fulcher, claimant, advising that the Uity of
of M chita Falls is not liable.
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735
IiV '1ti& Did`lHICT CO Lkt'1' Or' 11hL UNI&V STA'1M
FUh ThE IVOXME A D1.6'1'1t1C'T 0104 TEXAb
WICHITA FALLS DIV1SIOh
UAI'1'fD STAIES OF A,LEHICA,
VS.
CF'rt'l h PMMI,S Uf LAiiD in NO. 139 CIVIL
the County of Wichita, State :
of Texas, and the County of :
Wichita, Texas, et al. :
N A S O L U T I O N
NKREAS, on January 12, 19429 the United States of America,
in a suit styled United States of America vs. Certain Parcels of Land in
the County of Wichita, State of Texas, and the County of Mchita, Texas,
et al, . No, 139 Civil, pending in the United States District Court for the
Northern District of Texas, Wichita Falls Division, in which suit the
plaintiff seeks to condemn for public use a perpetual easement in and to
the following land lying and being in the City of Wichita falls, County of
Wichita, State of Texas, and more particularly described as follows:
PARCiZ 1. Yerpetual easement in and to a
strip of land 12 feet in width to construct,
maintain, repair, replace and use an 8-inch
water pipe line, the center line of said
12-foot strip of land being particularly de-
scribed as follows:
Beginning at a point in the southerly side
of Ninth Street and in a northerly line of
lands heretofore acquired by the United
States, August 12, 1941, through condemna-
tion proceedings instituted in the United
States District Court for the Northern vis-
trict of Texas, Civil ivo. 115, said point
being 40 feet westwardly from a northeaster-
ly corner of said lands of the United States;
running thence in a northwardly direction
across iyinth street a distance of 78 feet to
a point distant 22 feet southwardly from the
northerly line of Ninth Street; thence in an
eastwardly direction parallel with and dis-
tant 22 feet southwardly from the northerly
line of Ninth Str�--et a distance of 1025 feet
to connect to an existing 14-inch water line,
as shown by plat `Land in which is proposed
to be acquired through condemnation proceed-
ings perpetual easements to construct, main-
tain, repair, replace and use an b-inch water
pipe line and a 6-inch inter pipe line fbr
the Defense mousing Project at Wichita r'alls,
i°exas", a copy of which is attached to the
Declaration of 'faking filed herein and by
reference made a part hereof;
736
Pk. EL 11: Perpetual easement in and to a
strip of land 12 feet in width to construct,
maintain, repair, replace and use a 6-inch
water pipe line, the center line of said
12-foot strip of land being particularly de-
scribed as follows:
Beginning at the most southeasterly corner
of lands heretofore acquired by the "United
States, August 13, 1941, through condemna-
tion proceedings instituted in the United
States District Court for the Northern Dis-
trict of Texas, Civil 1Vo. 115; running thence
South 89 degrees 48 minutes West 659.64 feet
to a point; thence North 0 degree 10 minutes
Vvest along lands of said United States a
distance of 50 feet to a point; thence South
89 degrees 48 minutes West along the southerly
side of lands of said United States a distance
of 6 feet to a point in the northerly line of
land to be dedicated for Wenonah Avenue for
the true point or glace of beginning; running
thence southwardly parallel with and 6 feet
westwardly from the easterly side of land to
be dedicated for Wenonah Avenue a distance
of 150 feet to a point in wenonah Avenue (as
dedicated 70 feet wide); thence in a south-
wardly direction along VIenonah Avenue on a
line parallel with and distant 6 feet westward-
ly from the easterly side of Wenonah Avenue
(as dedicated) a distance of 142 feet to con-
nect to an existing 6-inch water line in said
ftnonah Avenue, as shown by plat "Land in
which is proposed to be acquired through con-
demnation proceedings perpetual easeie nts to
construct, maintain, repair, repla(s and use
an 8-inch water pipe line and a 6-inch water
pipe line for the Defense housing Project at
Wichita Falls, Texas", copy of which is attach-
ed to the Declaration of Taking filed herein
and by re fe re nw made a part hereof;
MOREAS, lands hereinabove described are a part of the City streets
of Wichita Falls, and the City of Wichita Falls is the legal owner thereof,
subject to the use by the public of same as thoroughfare, and
WZRF,AS, a Declaration of Taking on behalf of the United States
of America was filed at the request of the Administrator of the Federal
Yorks Agency of the United States of America, on January 12, 1942, and on the
same date a Judgment on said Declaration of Taking was entered in the above
named Court in favor of the United States vesting title and possession of
said perpetual easement in the plaintiff, and the right to just compensation
was vested in the persons entitled thereto and the sum of $2.00 was de-
posited in the Registry of said Court as the estimated compensation for the
taking of same, and
737
V&ffaFAS, the United States of America has agreed to pay
to the City of Wichita Falls the sum. of $2.00 for said perpetual ease-
ment sought to be condemned, and the City Uouncil of the City of
Wichita Falls has agreed that sum is a reasonable compensation for
damages accruing to the City by reason of the condemnation of said
property;
j,fjw, '1't Zj&,.b Rt, Eh 1'i' tR' '0L&D by the City Council in
meeting assembled that the mayor be, and he is hereby authorized on
behalf of the City Council to enter into a stipulation with the United
States of America, agreeing to the compensation for the taking of
said perpetual easement in the streets hereinbefore described, and
that the Court may enter a final judgment awarding said sum to the City
of Wichita falls without the necessity of appointing appraisers to value
same*
FURtDitti OHU h;D that the United States Attorney for
the northern District of Texas be furnished with a copy of this lesolution
with instructions that the same be filed among the papers in the herein-
before styled and numbered case.
'Phis the 23rd day of March, A. D, 1942,
raAYOx
.E1'1'11'bl:
City Secretary
Moved by Alderman vaylor that the foregoing resolution be
adopted as read.
motion sego nded by alderman Fitzpatrick and carried with the
following vote:
Yeas: Alderman Fitzpatrick, Hyer, Williams and ieylor
ways: bone.
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738
KES0LUT10 iu
Resolution Nominating Independent 'Nesting Laboratory
WiEIFt , it is necessary and advisable that the cast iron
pipe, cement, and cast iron fittings to be incorporated in the construct-
ion of the proposed water improvements, covered by the contract of the
Glade Construction Company, under Docket Texas 41-122, be tested by
laboratory methods prior to incorporation in the project, and
lydiS, the Pittsburgh Testing Laboratory of Pittsburgh, Pa. ,
are competent and fully equipped to make such tests.
NOW, THE REK.gh, bE IT RESCLVED MiAT the Pittsburgh Testing
Laboratories are hereby nominated, subject to the approval of the .
Federal Ybrks Agency, to handle all necessary testing of materials
that are to be incorporated in the construction cf the above identified
project.
PAS6ED Ai�w APPROVED this the 30th day of harch 1942.
W. E. Fitzgerald,
&A YO R
ATi',l),T:
J. H. Crouch
City Clerk
Moved by Alderman Williams that the above resolution be adopted
as read.
motion seconded by Alderman Naylor and carried with the follow-
ing vote:
Yeas: Aldermen Fitzpatrick, Naylor, Hyer and Williams.
Nays: None.
Moved by Alderman Naylor that the Board of Aldermen accept the
report of the City Attorney in the claim of henry C. Fulcher for damages
alleged to his automobile in the sum of $15.80.
Lotion seconded by Alderman Fitzpatrick and carried.
Moved by Alderman Williams that the board of Aldermen adjourn.
potion seconded by Alderman Naylor and carried.
The hoard of Aldermen then adjourned.
FASSED AND A.P.VRCVED this the 30th day of Yarch A. D. 1942.
MAY Olt
A'i`1'LST: