Min 01/18/1943 906
;ichita Falls, Texas
,e.iorial Auditorium Bldg.
January 18, 1943
The Board of Aldermen of the City of V°ichita Falls, Texas, met in
regular session on the above at 8:00 o'clock 11.111. in the Memorial Auditorium
with the following members present:
a�. Ralph Dyer, :'ayor Pro tem
J. a'E. Fitzpatrick,
Vic Starlpfli,
0. G. Stephens, Aldermen
Jas. '1. Williams, �
J. A. Giddings, Jr., City :'Ilanager
T. A. Ificks, City Attorney
Gf,eo. T. Henderson, City Clerk
iloved by Alderman ?dilliams that Vic Stampfli be appointed N.Iayor
Pro tem for a period of two weeks.
,lotion seconded by Alderman Fitzpatrick and carried.
The Minutes of the regular meeting of January llth were read and
approved.
ORDINANCE NO. 1358
AN ORDINANCE DEFINING ItrSTAIJkAiIT, ITINERANT RESTAURANT, EN.Tik)YEE,
rlENSILS, HEALTH UIi�'TCER, ETC., RECUIRING PERI�!,-IriS FOR THE OPERATION OF SUCH
1.�STABLI,5H1.ENTS, PROHIBITING TI-E SALE OF ADULTERATLI), U11'11OLI;:S0i:E OR 11MBR i.o iD
FOOD OR DRINK, RI-:GUL„TING THE INSPECTION, GRADING, REGRADING, AND PLACARDING
0 ' SUCH L'MiBLISFIIE .TS, THE ENFORCE!,7M OF THIS ORDINANXE, :AND THE FIXING OF
PENALTIES.
Public hearing was held on Ordinance No. 1358. There were some 40
odd visitors present for this meeting, consisting principally of cafe and
restaurant owners and other food and drink dispensers.
No action was taken by the Council on Ordinance No. 1358.
ORDI.It: CE IO. 1359
Ai: CRDINAN,CE A.,`ENDING SUCTION 1 OF O iDI1ltiNu('E 841, PASSED AND APPROVED
OId THE 8TH D Y OF NOVEMBER, 1926, i"NTITLED "AN ORDINANCE PROVIDING FOR A TAX
ON DOGS, PROVIDING FOR VACCIN,nTION G', DOGS AGAINST RABIES BY A LICENSED
VETER.INARIAN AS A CONDITION PRECEDI idT TO -, TIE ISSUAITCE OF SUCH LICI,I3Sr: TAG,
THE FEES TO BE CHJLGED FOR SUCH VACCINATION tilvD PROVIDING FOR THE COLLLCTION
OF SAID T"X, AND PROVIDING A PEEALTY, REt'%,f:LING OR'DII ANCES; NOS. 396 AND 589
AND ALL OTHER ORDINANCES IN CONFLICT HERE.yITH;" SUCH SECTION BEING ALSO KNO'l;N
A SECTION 3-101 OF CODIFICATION OF ORDINANCES OF THE CITY OF T,4ICHITA FALLS,
T ,LAS, 1941, SO THAT SAID UECTION SHALL PROVIDE FOR AN ANI\-UAL TAX OF ONE
DOLLAR ON "ALE DUGS AtZ SPAYED F0,ALE DWS T' C LOLLARS EACH OI,? ALL
UNSPAYED FE"TALE DUGS; ANL DECLARING All E..=GENCY.
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`,`owed by alderman s illiams that Ordinance No. 1359 be passed on its
third and final reading, amended to read that license fee for spayed female
dogs shall be1.00 only.
Iiotion seconded by Alderman Hyer and carried by the following vote:
Yeas: aldermen +illia:ns, r'itzpatrick, Byer, anc "tephens.
Nays: '`lone.
01LDINAN:CE NO. 1360
AN OI'DINIAIJUE R'r',�;'JIi?I11U ThE Ai TIME OF ALL DOGS EXPOSED TO ri IliS
AcZ EVERY ANI°.'IAL OF T1L^: DOG KINdD T11AT HAS ttr,GIES CR Sr?.TPTWS Ti�.,REOF, OR ANY
r�NL,.,,aL TH .`!' ;SIT S, SCR t C,:�. 'S OF, OTHER'�'ISE i� ' r;Cr:S At PE tSON On PERSOiv5 ', ITH-
ING THE CITY LI:II LS, Hr :UIIiINuG TI'E O. lti� OR KEEP" H OF - I" AiND OT1iER PERSONS
ri0 REPORT ALL CASES OF RABIES CO3'1ING TO TF IR ATTLNTIC N, :I� VIDING A PENALTY,
AND DECLHP.ING aN 1:11F;R.GENCY.
1`.oved by Alderman Myer that Ordinance No. 1360 be passed on its third
and final reading and be adopted as read.
','otion seconded by alderman ttephens and carried by the following
vote:
Yeas: older;aen Williams, Fitzpatrick, 11yer, and Stephens. .
Nays: None.
Or DI'1 ,'�CE 10. 1361
AN OrDI`(h E P_`EMDING SECTION 1 OF OrZDIi�:�1�CE T,iO. 934, PASSED AND
APPROVED ON TH;1 12`l'H DAY OF SEPIE-liBER, A. D. 1927, AND ENTITLED "tiN ORDINANCE
R�,GULA`1'ING THE' BUSINuESS OF JUNK DEaLEtiu AND DEALERS INS SECOPID NAND COOLS, AN1D
PROVIDING A PENALTY FUii TIE FaILU LE TO CO_PLY T,,ITH THE PROVISIONS OF THIS
ORDINANCE;" SAID SECTION ALSO BEING KNOWN AS SECTION 6-601 OF CODIFICATION
OF ORDINANCES 0- THE CI`i'Y OF `r1ICHITt', FALLS. rIM"kS, 1941, SO AS REGUIHE JUNK
DEALERS AND SECOND 11AND DEA LERS TO :, AKE CUT AP D DELIVER TO THE CHIEF OF
POLICE EVERY DAY BLJI,'O`LE 12 NOON A LEGIBLE AND CORRECT COPY OF Tiir' REGISTER
KEPT BY SUCH DEALERS, SHOr;ING ALL P1�OPERTY T«KEN, PURCHASED OR itECEIVED
DUTHING THE PRECEDING DAY, AND DECL1T IN1G aPv" E',ERGENCY.
Moved by Alderman Williams that Ordinance No. 1_-�61 be passed on
its second reading.
laotion seconded by Alderman Myer and carried by the following vote:
Yeas: Aldermen 6villiams, Fitzpatrick, flyer, and Stephens. .
Nays: 'None.
Moved by Alderman '+' illials that chauffeurs' license be granted to
Vernon T. Trout.
'otion seconded by Alcerman Hyer and carried.
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',loved by -Alderman +illiams that the application of A. F. `,i'hite,
colored, crha Es t ,e Fink Cat, located at 603 Flood, be refused and denied.
'lotion seconded by Alderrian Fitzpatrick and carried.
RESOLUTION
".'HEREAS, on June 4, 1942, the United States of k^ierica filed a
suit st�-led. United States of America vs. 367.6 acres, more or less, of land
in 'i+ichita County, State of Texas, and � illiarn �Icl:inley, No. 159 Civil, in
the United States District Court for the lorthern District of Texas, Wichita
Falls Division, in which suit the plaintiff seeks to condemn for public use
the following tract of land lying and being in the County of `�`ichita, State
of Texas, and more particularly described as follows:
TRACT I_g. KF-2. All of .Blocks from Ios. 1 to 19 inclusive,
..c:iinle�✓ and Simons Subdivision. of the Thos. Curry Survey, Abstract No.
344, and ':um. Anglin Survey, abstract No. 2 and described by metes and
bounds as follows:
Beginning- at the Northl;est corner of the ''m. Anglin Survey,
Abstract No. 2, thence East along: the !north line of the said �,'m. Anglin
Survey 972 feet a stake, being the Northwest corner of a tract known as
the 0. A. Nincehelser tract; thence South along the 'V4est line of said
hincehelser tract and parallel with the t`;est line of the said t,m. Anglin
Survey 7176.2 ft. to stake, bein- the Southwest corner of the said
Ilincehelser tract; thence yIest 3134 feet to the ',i4ichita Falls and Burk-
burnett Highway; thence North 23 degrees �,�est 2211.1 feet to a stake on
the said ,:� ichita Falls and Burkburnett Highway; thence North 1388.9 feet
to the Northwest corner of Block 61 a subdivision of the Thomas Curry
Survey, Abstract No. 344; thence East 2900 feet along the North line of
said Block 6 to a point in the 'est line of the said `n. Anglin Survey;
thence North 3775 feet along the +est line of the said ?7n. Anglin Survey
to the place of beginning, containing 368.28 acres, r.ore or less, out of
the said ;`arm. Anglin and Thomas Curry Surveys;
VjHEREAS, subsequent to the filing of said action by the plaintiff
the fee simple title to said tract of land hereinbefore described was ac-
quired by the City of 7i�ichita Falls from the surviving widow of the defend-
ant William, ' ch:inley, and;
.iHERliAS, a Declaration of Taking on behalf' of the United States
of America was filed at. the renuest of Henry L. Stimson, Secretary of War
of the United States of America, on December 5, 19421 and on the sar;ie day
a Judgment on said Declaration of Taking was entered in the a- ove named
Court in favor of the United States of «merica and. vesting, title in plain-
tiff, United States of America, and the right to just compensation was
vested in the persons entitled thereto, and the sum of ',1161000.00 was
deposited in the :registry of said Court as the estimated compensation for
the taking of same; and
WHEREAS, the United States of America has agreed to nay to the
City of ''ti_ichita Falls the sum of v",16,000.00 as damages and compensation to
it as the owner of said land, by reason of the condemnation and taking of
said property;
T10G:, THEN FORE, BE IT RESOLVED by the City Council in meeting
assembled that the Mayor be, and he is authorized on behalf of the City
of Wichita Falls, to enter into a stipulation with the United States of
America, agreeing to the compensation for the taking of said lands, which
lands are not now needed or required by the City of aichita Falls for
public use, and the Court may enter a final judg..ient awarding said sum to
the City of ichita Falls without the necessity of appointing appraisers
to value same.
sE IT FURTHER RESOLVED that the United States Attorney for the
Northern District of 'Texas be furnished r:ith a copy of this Resolution with
inFtructions that the same be filed among the papers in the hereinbefore
styled and numbered case.
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:.loved by Alderman flyer that the above and foregoing resolution be
approved and adopted as read.
'.lotion seconded by Alderman ijilliams and carried by ttpe following
vote:
Yeas: Aldermen 4illiams, Fitzpatrick, Hyer and Stephens.
Nays: 'None.
'_loved by alderman riilliams that city employee, I. N. Austin, be
temporarily retained on the city payroll.
'_lotion seconded by alderman Hyer and carried.
RESOLUTION
i-�F;SOLUTION REJECTING ALL BIi S ON, SANITARY SEVER D,!PROVE!;: ANTS,
DOCKET TEXAS 41-167, AND AUTHORIZING TY:i;, CITY CLERK TO NOTIFY THE BIDD.Tl S AND
RETURN THE BID SECURITY.
i,HEREAS, the City of w-ichita Falls, Texas, received bids for Improve-
ments to the Sanitary Sever system identified as Docket Texas 41-167 on Dec.
3, 1942, and
',`;HEREaS, all bids received exceeded the money available to construct
the said Improvements, and
TgrEREkS, the City of dichita t'alls is unable to make satisfactory
arrangements for the additional money involved,
NOW, i'HtETLEFORE, BE IT RESOLVED BY THE BOARD OF ALDERNIIEI,I OF THE
CITY OF +iICHITA Fi-LLS, TEXiAS, that all bids be and are hereby rejected and
that the City Ulerk is hereby instructed to notify the interested bidders
and return all bid security.
':Moved by alderman ,Iiilliams that the above and foregoing resolution
be approved and adopted as read.
?~lotion seconded by alderman Fitzpatrick and carried by the following
vote:
Yeas: tildermen u�illiams, Fitzpatrick, Hyer and Stephens.
Days: None.
Moved by Alderman Hyer that the Board of Aldermen authorize the sale o
walkway betir�een Lots 7 and S, Block L, Riverside Cemetery, to J. 1. Bridwell.
Motion seconded by Alderman dlliams and carried.
,.Loved by Alderman Hyer that the meeting be adjourned.
'.lotion seconded by alderman Williams and carried.
The Board of Aldermen then adjourned.
READ AND APPROVED this the 25th day of January 1943.
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ity Clerk