Min 05/22/1944 55
"ichita I+hlls, Texas
Memorial Auditorium
May 22, 1944
On This the 22nd day of May, 1944, the Board cf Aldermen of the CITY OF
WICHITA FALLS, TEXAS, convened in REGULAR session in the Uouncil Ream in the
Memorial Auditorium, the following members therecf, to-wits
IV. B. Hamilton, Mayor
C. A. S_rragi ns,
T. W. Fitzpatrick,
A* T. wi.ninger, Aldermen
T. M. Baber, 0
0, G. Stephens, 0
W. Rsl*)h Hyer, 4
Garland Franks, Acting City Monager
T. A. Hicks, City Attorney
Geo. T. Henderson, City Clerk
Minutes of the meeting of May 15, 1944, were read.
Moved by Alderman Baber that the minutes of May 15, 1944, be approved
as read.
Motion seconded by Alderman Spragins and carried.
The Meeting: was called to order by Mayor Hamilton who announced the
purpose of the meeting, among other matters, to be the consideration of Ordinance
No. 1386, ratifying and approving Trust Indenture to secure payment of the
$39 500,000.00 "CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE' WkTERWORKS SYSTEM
REVENUE IMPROVL 'ENT BONDS," authorized at the election held in said City on the
llth day of April, 1944.
OaDLYANCS NO. 1386
"AN ORDINANCE by the hoard of Aldermen of the City of Wichita
Falls, Texas, ratifying and approving the Trust Indenture
dated as of the First Day of May, 1944, executed by the
Mayor and attested by the City Clerk of said City to secure
Payment of $3,500,000.00 •CITY OF WICHITA FALLS, TEXAS,
FIRST MORTGAGE WATERWORKS SYST-W RE;VR1[JE IMPROvEj= BONDS, '
Authorized at the election held in said City on the llth clay
of April, 1944, for tho purpose of paying off, refunding and
cancelling $351,000.00 'City of wich.ita Falls, Texas, Water-
works System Improvement Revenue bonds' dated October 1, 1940,
and for the purpose of purchasing additional water powers,
riparian rights, improving, enlarging, extending and repairing
such system at a cost of not exceeding 43,149,000.00, as au-
thorized by the general laws of the State of Texas, particularly
Articles 1111 et seq., Revised Civil Statutes of 1925, as
amended, and which said Trust Indenture was executed by the
Mayor and City Clerk in accordance with Ordinance No. 1384
passed and adopted by the Board of Aldermen on the 11 day
of May, 1944, recorded in book No. 8 of the Ordinance
Records of said City; approving and confirming the execution
of such Trust Indenture by the Mayor and City clerk, respect-
ively, of the City of "ichita Falls, Texas; enacting provi-
sions incident and relstin7 to t.ho subject and purpose of this
ordinance; and declaring an emergency."
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iv:OVED by alderman Hyer that Ordinance No. 1386 be passed on its first
read!n�,.
MOTIO1v seconded by Aldermen Fitzpatrick and carried by the following
vote:
YEAS: Hamilton, Spra�°ins, Fi.tznatr, ck, U+ininger, Baber, Stephens
and Tiver.
NAYS: None.
MOVED 1�v a0,d'rrr1r a,ra.gins t,h^.+ the rule -requirino ordinances to be
read oa three separate days be suspended and en -riergency declared.
MOTION seconded by Alderman Baber and -carried by the following vote:
YEAS: Hamilton, apragins, Fitzpatrick, Wininger, Baber, Stephens,
and Hyer.
14j,,YS: None,
MOVED by alderman Stephens that Ordinance No. 1386 be passed on its
second reading.
YO`I°ION seconded by alderman iwininger and carried by the following vote:
YEAs*, Hamiltop, Spragins, Fitzpatrick, Aininger, Baber, Stephens,
and Hyer.
NAYS: None.
Ordinance No. 1386 was then read in Pille
MOVED by Alderman Baker that Ordinance No. 1386 be passed on third
.ird final reading, vdth an emergency, and be adopted as read.
MOTION seconded by A7 derman Fitzpatrick and carried by the following
vote:
YEAS: Hamilton, Spracins, Fitzpatrick, V'iininger, Baber, Stephens
and Hyer.
NAYS: None.
A retition •Ras presented to the C,cuncil bearing approximately 29
si�*natures requesting the Council to instruct the proper City officials not to grant
licenses or permits in the future to any traveling shows, circuses or carnivals to
exhibit on the ball park grounds.
The -netition was deferred to the next regular meeting.
Moved by Alderman Hyer that the Board of Aldermen grant an extension
of the W. T. Macey Company contract for the collection of delinquent taxes inclu-
sive of year 1943 to expire concurrently with the said W. T. Macey Company contract
with the Wichita Falls Independent School District, which contract expires on or
about August 24, 1944.
Motion seconded by Alderman Stephens and carried.
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ORDINANCZ NO. 1385
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF THE PORTION OF U.S. &
STATE HICHi+AY:NOS. 70-82-277-281-287-SH.79 & War #18 IN THE CITY OF VVICHITA
FALLS, COUNTY OF WICHITA,, TEXAS, BEREBY REFERRED TO AS MUNICIPAL MAINTENANCE
PROJECT AND AUTHORIZING THE MAYOR OF THE CITY, OR 0THM AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME, A CERTAIN ACTT
BETMEN THE CITY AND THE STATE OF TEXAS, PROVIDING 'FOR Tqg ItAINMWCE AND USE
OF THE SAID Pv;AINMNANCE PROJECT: AND DECLARING AN EMERGyNCY AMID PROVIDING THAT
THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
Moved by Aiderptan Hyer that Ordinance k. 1385 be approved as read and
passed on its second reading.
Motion seconded by Alderman Sprains erd carried by the following vote:
Yeas: Aldermen Spragins, Fitzpatrick, Wininger, Hyer, Bauer and
Stephens.
Nays None.
Moved by Alderman Sprr—ins t'.iat the rule requiring; that ordinances be
read on three separate days be suspended and an emergency declared.
Motion seconded by Alderman Baber and carried by the follo-�%Jng vote:
Yeas: Aldermen SpraGins, Fitzpatrick, Wininger, Hyer, Baber and
-Stephens.
Nays None.
Moved b-i► Alderman Fitzpatrick that Ordinance No. 1385 be approved as
read and passed on third and final reading, and declaring an emer7ency.
Motion seconded by Aldermen Wininger and carried by the following vote:
Yeas: Alderman Spra-ins, Fitzpatrick, Winir_,_;Pr, Hver, Baber ar.d
Stepbens.
Nays-' None.
Vt. E. Cbenault, colored, 615 Welch Street and Ivey Jackson.., colored,
Sullivan Street, spneared in person requesting the Courcil to extend the sanitary
sewer line to their respective residences, and others, whereupon, Mayor Hamilton
requ sted these nen to pre,~are a -lat, etc. =end submit the same to the City
Er ireer for 'pis ^ttention..
Yoved b,,r Alderman Baber. that the B,�-rd of Aldermen authorize the issuance
of a Ch?uffer's License to Ci.arence A. 'Tabor.
Motion seconded by Alderman Stephens and carried.
Actin;, City bianQger, Ge..r.land rranks, submitted the following report to the
Honorable Mayor and Beard of Aldermen.:
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To the Hcnorable N:eyor ar_d Board of Aldermen,
of the City of Wichita Falls:
Pursuant to Section 121 op_ the Wicl?ita Falls Charter,
I hereby recommend the adoption of ar ordinance granting to
the purchaser or purchasers, of the %terv;orks System of said
City, the exclusiveritht, privilege c.nd franchise to operste
the seid. System, in the event of default in the nayment of all.,
or any portion of the $3,500,000.30 "CITY OF WICHITA FALLS,
VI XAS, FIRST MORTGAGE UAT RWBIR S SYS11h REVENUE Ila—ROWMh U
BONDS," authorized at the election held in said City on the
llth day of April., 1.944, for the rurnose of neyin,; off, re-
fundi.r.g and cancelling $351,000.00 "City of Wi.chitr Falls,
Texas, Watervorks System,Ir:provement RevenueRor_ds," dated
October 1, 1940, and for the purpose of rurchasing addi-
tional water ^ewers, riparian rights, improving, enlarging,
extending and repairingsuch system at a cost of not exceed-
ing $3,149,000.00, as authorized by the general laws of the
State of Texas, particularly Articles 1.111 et seq. , Revised
Civil Statutes of 1925, as amended.
By said Article 1111 it is expressly provided that
any city issuing bonds thereunder, and as additional security
therefor, by the terms of such encumbrance, may Plant to
the purchaser under sale or foreclosure thereunder, a
franchise to operate the system and property so purchased
for a term of not over twenty years after purchase, subject
to all laws regulating same then in force.
It is believed that., it will be to the best interest
of the City, in the issuance.of said 'ponds to support the
same with all security authorized by the pertinent statute.
Respectfully submitted, this the 22nd day of_May,
1944.
Garland Franks
Acting City Manager.
Moved by Alderman Byer that the Board of Aldermen approve and accept the
above and foregoing report of the Acting City Manager.
Motion seconded by Alderman Stephens and carried.
Moved by Alderman Spragins that the Mayor, W. B. Hamilton, be authorized
to call a public hearing on Ordinance No. 1387 in the Council Room of the Memorial
Auditorium at 8 o'clock P.M. May 29, 1944, and a final hearing on Ordinance No.
1.387 in theCouncil Room of the Memorial, auditorium at 8 o'clock i'.k, T,-ine 6, 1944.
Motion seconded by Alderman Fitzpatrick and carried*
Mayor Hamilton appointed the followlnF,persons to serve as additional
menbers of the City of Yriehita &Jls Planning and Zoning Commission:
C?. S. Richardson, 3-year term expiring November 8, 1946
O. U. Haver, 2-year term expiring Novewber 8, 194:5
whereupon the following motion was made:
Moved by Al.dermnnr_ TPininger that. the Board of Aldermen approve and ratify
the e.bove and foreFroi ng arnointment s.
Votion seconded by Aldermen Fitzpatrick and carried.
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The Acting City Manager submitted a written report of his investigation
comprising the names and acreage of the rro arty owners involved in the Mist St de
Gardens controversy or litigation with. the City of wiorita Falls#
Moved by Aldermen Fitzpatrick that the Bnerd of Alderman authorize payment
in the amount of $1298.g2 to the 1471°1iita Geoleral. H^: i+-�' f-.T e,',arity -Not{ents fir
the mn£,rth of April and to oe6er the Cit,,+� C]_erk to draw a warrant in settlement
of the same upon like payment by 'lhic� ita County.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman Spragins that the beard of Alderman authorize payment to
Wichita County in the amount of �$462.85 as payment for its one-half of the main-
tenance expense of the nichite County Venereal Vk�rd for the month of Aril ^.not to
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order tb.p City Clerk to draw a warrant in payment of the same.
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Mr,+ion seconded by Alderman Baber and carried.
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By unanimous consent of the Council, Mayor Hamilton appointed Jdermen
Wininger and Fitzpatrick as comriittee of two to investigate the complaint of Rierle
Waggoner rtlth reference to Keener the 4leaner located on van Buren between
Ninth and Tenth Streets.
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Moved by Alderman Stephens and seconded by Alderman Wi.ninger, and carried,
that the Board adjourn..
The Board of Aldermen then adiourr_ed.
HEAD AND APPROVED this 29th day of key, 1944.
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Mayor
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ATTEST
City Clerk
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