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Min 08/17/1943 i 1052 Wichita Falls, Texas Memorial Auditorium August 17, 1943 The Board of Aldermen of the City of 4ichit a Falls, Texas, met in called session at 10:00 o'clock A. M. on the above date in the Council Room in the Memorial Auditorium with the following members present: 'u . P. Hood, Mayor C. A. Spragins, J. W. Fitzpatrick, � J. V4. Hunt, IN. Ralph Hyer, Aldermen J. M. Baber, 0. G. Stephens, i J. A. Giddings, Jr., City Manager T. A. Hicks, City Attorney Geo. T. Henderson, City Clerk Mayor W. P. Hood announced the Council would dispense with the reading of the Minutes of the previous meeting until the next regular meeting. A petition was presented, bearing several signatures requesting that Eli Goodman, colored, be refrained from selling peanuts in the specified area in the bush-ss section of the City of Wi(,hita Falls, where--upon the Council requested that the petition be turned over to the City Manager for his investigation. ORDINANCE N0. 1366 AN ORDINANCE AIENDING SECTION 6-1514 OF THE CODIFICATION OF ORDINANCES OF -THE CITY OF WICHITA FALLS, TEXAS, 1941, ADOPTED BY ORDINANCE NO. 1315, PASSED AND APPROVED ON THE 6th DAY OF JANUARY, 1941, AND PROVIDING FOR THE REVOCATION OF LICENSES ISSUED BY THE SAID CITY TO OPERATE AUTOMOBILES FOR .H7RE THEREIN SO AS TO MORE FULLY PROVIDE FOR REVOCATION OF SUCH LICENSES AND ALSO TO PROVIDE FOR THE REVOCATION OF CHAUFFEUR'S LICENSES WHICH ARE AUTHORIZED TO BE ISSUED UNDER SECTION 6-1509 TO 6-1509.2 OF SAID CODIFICATION OF ORDINANCES, AND DECLARING AN ..7,.T RGENCY. Moved by Alderman Hunt that Ordinance No. 1366 be approved and passed as read on its second reading. Motion seconded by Alderman Fitzpatrick and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. Moved by Alderman Hunt that the rule requiring ordinances be passed on three separate days be and is hereby suspended, and that Ordinance No. 1366 be passed and approved as read on its third and final reading and declaring an emergency, Motion seconded by Alderman Fitzpatrick and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. i 1053 i 4 ORDINANCE NO. 1367 a AN ORDINANCE AMENDING SECTION 6-1505.5; and 6-1512 OF THE CODIFICATION OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, 1941, ADOPTED BY ORDINANCE NO. 1315 PASSED AND APPROVED ON THE 6TH DAY OF JANUARY, A. D. 1941, AND PROVID- ING FOR THE ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR AUTOMOBILES FOR HIRE AUTHORIZED TO OPERATE IN TIE CITY OF VICHITA FALLS UNDER ORDINANCE NO. 1248 SO AS TO PROVIDE THE NECESSARY NUMBER OF AUTOMOBILES FOR HIRE TO AMPLY PROVIDE THE PUBLIC WITH SUFFICIENT CONVEYANCE BY AUTOMOBILES, AND DECLARING AN OtERGENCY, AND ISSUING CHAUFFEURS LICENSES. 4 Moved by Alderman Hunt that Ordinance No. 1367 be approved and passed as read on its first reading. ;Motion seconded by Alderman Hyer and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. Moved by alderman Fitzpatrick that the rule requiring ordinances be read on three separate days be and is hereby suspended and that Ordinance No. 1367 be approved and passed as read on its second reading. Motion seconded by Alderman Spragins and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays : None. Moved by Alderman Hunt that the rule requiring ordinances be read on three separate days be and is hereby suspended and that Ordinance No. 1367 be approved and passed as read on its third and final reading, and declar- ing an emergency. Motion seconded by Alderman Stephens and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. - - - - - - - - - - Moved by Alderman Hunt that since the Board of Aldermen had announced and determined at a public hearing that a public convenience and necessity actually exists for the operation of additional taxicabs upon the streets of the City of Wichita Falls, Texas, that the Board of Aldermen approve and authorize the issuance of a Certificate of Public Convenience and Necessity to C. J. Owens for the operation of three taxicabs upon the streets of the City of Wichita Falls, Texas; and likewise approve and authorize the issuance of a Certificate of Public Convenience and Necessity to Wilson Gray for the operation of six taxicabs upon the streets of the City of Wichita Falls, Texas. .Motion seconded by Alderman Fitzpatrick and carried. - - - - - - - - - - s k i r i E { s y c i C 1054 i i a I ORDINANCE NO.. 1368 I AN ORDINANCE PROTECTING THE WATER SUPPLY OF THE CITY OF WICHITA FALLS, TEXAS, PROVIDING: IT SHALL BE UNLAWFUL TO INADE, BATHE, OR SWIM IN LAKE WICHITA OR IN THE CANAL FROM LAKE WICHITA TO THE FILTER PLANT, OR TO FISH, BOAT OR PICNIC WITHIN 1,320 FEET OF THE OUTLET -FROM THE LAKE TO THE CANAL; THAT ONLY LIVE OR ARTIFICIAL BAIT SHALL BE USED IN FISHING IN LAKE 'itiICHITA, THAT LIVER, CHICKEN ENTRAILS, STINK BAIT, ETC. SHALL NOT BE USED; AND NO PERSON SHALL FISH IN THE CANAL AT ANY POINT; THAT ALL DWELLINGS AND HABITATIONS WITHIN 200 FEET OF LAKE WICHITA WHEN AT SPILLS-1Y LEVEL, OR WITHIN 200 FEET OF THE CANAL SHALL HAVE APPROVED SEWERAGE DISPOSAL PLANTS AND APPROVED GARBAGE DISPOSAL FACILITIES IN ACCORDANCE WITH STATE HEALTH DEPARTMENT STANDARDS; THAT NO GARBAGE CANS, GARBAGE OR OTHER REFUSE SHALL BE PLACED ON THE CANAL RIGHT OF WAY AT ANY POINT; THAT NO CAMPING SHALL BE PERMITTED WITHIN 200 FEET OF THE EDGE OF LAKE WICHITA AT SPILL- WAY LEVEL OR WITHIN 200 FEET OF THE CANAL; THAT NO PENS, LOTS, OR ENCLOSURES FOR HOLDING OR KEEPING LIVE STOCK SHALL BE PERMITTED WITHIN 50 FEET OF THE CANAL OR WHEREVER THE DRAINAGE FROM SUCH LOTS MAY ENTER THE CANAL; THAT ALL DEAD LIVE STOCK OF ANY KIND SHALL BE REMOVED, OR BURPED, WITHIN 48 HOURS AFTER DEATH FROM LAKE WICHITA, THE WATER SHED THEREOF, AND FROM THE CANAL RIGHT OF WAY; THAT THERE SHALL BE PROVIDED AT ALL FISHING PIERS APPROVED WATER CONTAINERS FOR THE USE OF HUNTERS AND FISHERMEN IN DISPOSING OF BAIT AND REFUSE; THAT FENCES AND FZBANKMENTS ALONG THE CANAL SHALL NOT BE R&IOVED OR OPENED; THAT DRAINAGE DITCHES ALONG THE CANAL SHALL NOT BE OBSTRUCTED; THAT NO PERSON SHALL PERMIT LIVE STOCK TO ENTER THE CANAL RIGHT OF WAY; THAT THE POLLUTION LAWS AND NUISANCE LAWS OF THE STATE OF TEXAS BE ADOPTED; THAT A PENALTY NOT TO EXCEED $200.00 BE ASSESSED AGAINST VIOLATORS OF THIS CRDINANCE ON CONVICTION IN THE CORPORATION COURT; THAT THE CITY ATTORNEY FILE SUIT FOR INJUNCTION IN CERTAIN CASES; THAT ANY INVALID OR VOID PART HEREOF SHALL NOT AFFECT THE OTHER PROVISIONS; AND DECLARING AN EMERGENCY. Moved by Alderman Fitzpatrick that Ordinance No. 1368 be approved and passed as read on its first reading. Motion seconded by Alderman Hunt and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. Moved by Alderman Fitzpatrick that the rules requiring ordinances be read on three separate days be and is hereby suspended, and that Ordinance No. 1368 be approved and passed as read on its second reading. - Motion seconded by Alderman Hunt and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. Moved by Alderman Spragins that the rule requiring ordinances be read on three separate days be and is hereby suspended and that Ordinance No. 1368 be approved and passed as read on its third and final reading and declaring an emergency. Motion seconded by Alderman Hunt and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. - 1055 y RESOLUTION That, whereas, on August 16, A.D. 1943, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas, a hearing was had upon applications for Certificates of Public Convenience and Necessity for the opera- tion of additional taxicabs in said city. And, whereas, it was determined by the Board of Aldermen at a called meeting held Aug. 17, 1943, that the public convenience and necessity required the operation of such additional automobiles in order to properly provide trans- portation for the public. And, whereas, in the course of said hearing it was shown that con- siderable divviculty exists in securing the necessary equipment, gasoline, tires, tubes and repairs for the operation of public transportation. And, whereas, the various operators of public transportation in the City of Wichita Falls requested the Board of Aldermen to call to the attention of the 1`J'ar Production Board and other Federal agencies the urgent need of additional transportation facilities in tichita Falls, Texas, and to assist said operators in securing necessary facilities for the operation of said transporta- tion. N(NI, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN: That the Mayor and City Manager of the City of wiehita Falls be and they are hereby authorized and requested to communicate with the War Production Board or appear in person before said Board or other agencies for the purpose of assisting the operators of public transportation facilities in the City of Wichita Falls, in securing the necessary buses, automobiles, gasoline, tires, tubes, and other accessories for the operation of said transportation facilities and apprize said Board of the urgent need and necessity of securing additional transportation facilities for the public in Wichita Falls, and, particularly, for Sheppard Field which is located in the corporate limits of the City of Wichita Falls. Moved by Alderman Hunt that the above and foregoing resolution be w adopted and passed as read. Motion seconded by Alderman Spragins and carried by the following vote: Yeas: Aldermen Spragins, Fitzpatrick, Hunt, Hyer, Baber and Stephens. Nays: None. J Moved by Alderman Stephens that the Board of Aldermen tentatively approve plans as revised for the construction of an addition to the City-County owned nurses home and to approve j suggested revisions of the plans subject to the approval of the County Commissioners of `r.'ichita County and members of the General Hospital Board, and further to instruct flay C. Arnhold, Architect, to submit the same to the ', ar Production Board for priority. i r 9 Motion seconded by Alderman Hunt and carried. Moved by Alderman Spragins that the Board of Aldermen authorize the City Clerk to draw warrant payable to the Typewriter Sales Co. in the amount of $7.50 as payment for repairing the typewriter of City Attorney T. A. Hicks. Motion seconded by Alderman Hunt and carried. - - - - - - - - - - F F f I I i i f s i 1056 Moved by Alderman Spragins that the Board of Aldermen authorize Mayor W. P. Hood to execute an Easement with the Fort Worth and Denver City Railway Company in connection with the construction of the 39" Sanitary Sewer line now being constructed by the City of Wichita Falls. ?.lotion seconded by Alderman Hunt and carried. I - - - - - - - - - Moved by Alderman Hunt that the Board of Aldermen authorize and order the City Clerk to draw a warrant to Lottie J. Jalonick in the amount of $1.00 as a consideration for an Easement right-of-vray on Lot 2, Block 22, Bar%-ise Jalonick Add3fi.?nn, in connection with the construction of the 39" Sanitary Sewer line, and further to waive the usual examination of the Abstract and opinion by the City Attorney. Motion seconded by Alderman Baber and carried. Moved by Alderman Stephens that chauffeur's licenses be granted to Troy C. Taylor, Earl Jones, Lon Sullins, Lem C. Cavin, Walter T. Mitchell, John B. Carpenter, and James R. Morris. Motion seconded by Alderman Hunt and carried. Moved by Alderman Hunt that the applications of Lillie Edna Waldon, Ernest C. McConnell, and Jack C. lilson for chauffeur's licenses be refused and denied. Motion seconded by Alderman Hyer and carried. Moved by Alderman Hunt that a public hearing be set for September 13, 1943, for the purpose of considering the applications of the Four Threes Taxi Co., Safeway Taxi and Baggage Co., A & A Taxi, Hamp's Taxi Co., and Yellow Cab and Baggage Co. for Certificates of Public Convenience and Necessity for the operation of additional taxicabs upon the streets of the City of Wichita Falls, Texas. Motion seconded by Alderman Spragins and carried. Moved by Alderman Hyer that the Board of Aldermen authorize and order the City Clerk to draw a warrant to the Iichita General Hospital in the amount of $1,335.49 as payment for charity patients for the month of July, upon like payment by Wichita County. Motion seconded by Alderman Spragins and carried. Moved by Alderman Spragins that the Board of Aldermen appoint Garland Franks, Acting City Manager, with authority to sign checks and other things necessary during the absence of City Manager, J. A. Giddings, Jr., for approxi- mately 15 days beginning on or about Sept. 2, 1943- Motion seconded by Alderman Stephens and carried. 1057 I jy9 1 'I 4 City Attorney T. A. Hicks was instructed by the Board of Aldermen to give study to complaints against oil burning heating devices in certain resi dential districts for the purpose of ascertaining a solution to the problem. - - - - - - - - - - i Moved by Alderman Hunt that the Board of Aldermen authorize Mayor W. P. Hood to negotiate a contract for the auditing of the City of Wichita Falls records for the fiscal year ending September 30, 1943. I Motion seconded by Alderman Spragins and carried. Roved by Alderman Spragins that the Board of Aldermen authorize delin- quent tax adjustments, both personal and real, as set forth in a schedule dated August 16th with the exception of certain items under the caption of Staton & Staton. Motion seconded by Alderman Hyer. After some discussion, Alderman Spragins withdrew his motion and no further action was taken. - - - - - - - - - - Moved by Alderman Stephens that the meeting be adjourned. Motion seconded by Alderman Hyer and carried. 9 The Board of Aldermen then adjourned. READ AND APPROVED this the 13th day of September, 1943ojm�l d�_�- Mayor - ATTEST: i✓� City Clerk e i I E I i r