Min 04/14/1947 365
Wichita Falls, Texas
Memorial Auditoriirn
April 14, 1947
The Board of Aldermen of the City of Wichita. Falls, Texas, met in
regular session at 7:00 o'clock P. M. on the above date in the Council Room
in the Memorial Auditorium, with the following members present:
W. B. Hamilton., Mayor
C. A. Spragins,
J. W. Fitzpatrick,
E. J. SJininger, Aldermen
Melvin B. Evans,
A. Jay Easthara,
G. D. Fairt race, City Manager
T. A. Hicks, City Attorney
!I Geo. T. Henderson, City Clerk
I
The Minutes of'the regular meeting held March 10, 1947, were read
and approved as read, likewise the Minutes of the called meeting held April
4, 1947, were read and approved as read.
A large, beautiful bouquet of flowers was delivered to retiring
Alderman. J. W. Fitzpatrick with a card attached commending him for his untiring
and unselfish services during his long tenure of office as alderman of the City
of Wichita Falls. The card was signed "Friends."
Mayor Hamilton and other members of the Council paid high commendation
to Alderman Fitzpatrick for his valuable services to theCity of Wichita Falls and
the Council while serving on the Board of Aldermen.
RESOLUTION NO. 4
WHiaEAS, at a regular meeting of the Board of Aldermen of the City of
Wichita Falls held at the regular meeting place in the Council Room of the
Memorial Auditorium Building in said City on the 14th day of April, A. D. 1947,
at which a quorum was 'present, came on to be considered the returns of the city
election held on April 1, 1947, for the purpose of electing three Aldermen, and
WIiLtLAS, after canvassing the returns of said election_, it was found to
be duly and legally held in all respects, and there were cast at said election
5095 votes for the election of three aldermen and that,
For Alderman Place No. 1:
C. A. Spragins received 4012 votes
Russell Jack Ballard received 1034 votes
L. E. Stone received 1-vote
Roy Adkins " 1 if
Dewey Pegg
C. C. Trimble
C. E. Greenwood
For Alderman Place No. 2:
I:. C. Spell received 2344 votes
Clint Broday received 2149 votes
Mitchell Nacol received 517 votes
For Alderman Place No. 3:
E. J. Wininger received 2858 votes
Miller ik. McDaniel received 2234 votes
Bob McFall received 1 vote
E. 0. Moore if 1 it
P. it. Flake if 1 it
366
And it appearing that C. A. Spragins received the greatest number of votes
cast at said election for Alderman Place No. 1; that K. C. Spell received the
greatest number of votes cast at said election for Alderman Place No. 2; and
that E. J. Wininger received the greatest number of votes cast at said election
for Alderman Place No. 3.
AND WHEREAS, after canvassing the returns of said referendum election on
franchise to the Lone Star Gas Company, it was found to be duly and legally held
in all respects, and there were cast at said election 5182 votes as follows: '
For the granting of a franchise 3360 Votes
Against the granting of a franchise 1822 Votes
It thus appearing that said franchise was approved.
Y�ND WELP,.EAS, after canvassing the returns of said referendum election on
franchise to United Gas Corporation, it was found to be duly and legally held
in all respects, and there were cast at said election 5262 votes as follows:
For the granting of a franchise 3468 Votes
Against the granting of a franchise 1794 Votes
It thus appearing that said franchise was approved.
AND WHEHEAS, after canvassing the returns of said referendum election on
franchise to Texas Electric Service Company, it was found to be duly and legally
held in all respects, and there were cast at said election 5266 votes as follows:
For the granting of a franchise 3525 Votes
Against the granting of a franchise 1741 Votes
It thus appearing trat said franchise was approved.
N01rd, THEREFORE, BE IT HESOLVED BY THE BOA:-.D OF ALD ItKEN OF THE CITY OF
WICHITA FALLS, TEAS:
That C. A. Spragins, K. C. Spell, and L,. J. Wininget were duly and legally
elected Aldermen of the City of Wichita Falls, Texas, at said election and that
said election was in all respects legally held in accordance with the laws of
the State of Texas and the Charter and Ordinance of said City.
That the franchise to Lone Star Gas Company was duly and legally approved
and said election was in all respects legally held in accordance with the laws
of the State of Texas and the Charter and Ordinances of said City.
That the franchise to United Gas Corporation was duly and legally approved
and said elaction was in all respects legally held in accordance with the laws
of the State of Texas and the Charter and Ordinances of said City.
That the franchise to Texas Electric Service Company was duly and legally
approved and said election was in all respects legally held in accordance with
the laws of the State of Texas and the Charter and Ordinances of said City.
PASSED AND AP?aOVED this, the 14th day of April, 1947.
Moved by Alderman Eastham that the above and foregoing Resolution
be adopted and passed as read.
Motion seconded by Alderman Evans and carried by the following vote:
Yeas: Aldermen Spragins, Fitzpatrick, Wininger, Evans and Eastham.
Nays: None.
367
A Notice of Election Contest signed by Russell Jack Ballard, requesting
the Board of Aldermen to declare the election held April 1, 1947, to determine
granting of franchises to the United Gas Corporation, the Lone Star Gas Company
and the Texas Electric Service Company, respectively, be held null and void, was
presented to the Council by the City Clerk.
City Attorney T. A. Hicks advised the Council that this was a matter
over which they had no jurisdiction, thereupon the Notice was ordered filed in
the office of the City Clerk.
The Oath of Office was administered by the City Clerk to Aldermen
elect C. A. Spragins, K. C. Spell and E. J. Wininger, thereupon Alderman
i Fitzpatrick retired and the Aldermen elect were duly seated.
I
Moved by Alderman Evans that the Board of Alderman proceed to conduct
a Public Hearing on Ordinance No. 1434, granting a franchise to the Wichita
Valley Railway Company.
Motion seconded by Alderman Eastham and carried.
- - - - - - - - - -
( There being no opposition voiced against Ordinance No. 1434, the
i following motion was had:
Moved by Alderman Evans that the Public Hearing on Ordinance
No. 1434 be closed.
Motion seconded by Alderman Spragins and carried.
ORDINANCE NO. 1434
AN ORDINANCE GRANTING TO WICHITA VALLEY RAILWAY COM ANY, A CORPORATION,
A FRANCHISE FOR THiJ CONSTRUCTION AND MAIN7ENANCE OF A SIDING OR SWITCH, OR
SPUR TRACK IN THE ALLi�Y BEY, EEtd SCOTT AVENUE AND INDIANA AVENUE, AND ACROSS
'rvTL, ,FTH STRi, T, ALL IN THE CITY OF 41(;HITA FALLS, !CHITA COUNTY, TLXAS.
Moved by Alderman Eastham that Ordinance No. 1434 be approved and
passed as read on the first reading.
Lotion seconded by Alderman Wininger and carried by the following
vote:
Yeas; Aldermen Spragins, Spell, Wininger, Evans and Eastham.
Nays: None
As advertised, the bids for the sale of approximately an 80 acre oil
and gas lease at Lakeview Cemetery were opened by the City Clerk and read to the
Council. The Continental Oil Company, a Delaware Corporation, was the only
bidder whose bid was for a consideration of $2000.00 cash, plus $4000,00 payable
out of one-eighth of seven-eighths of all the oil, gas and other minerals pro-
duced and saved, and other stipulations recited in Oil and Gas Lease
submitted with the bid for a three year commercial lease.
Moved by Alderman Spragins that the Board of Aldermen accept the bid
of the Continental Oil Company as submitted and authorize Mayor W. B. Hamilton
to execute the said oil and gas lease for and on behalf of the City of 'Wichita
Falls.
Motion seconded by Aldermman Evans and carried.
368
Attorney Muse, representing residents in the vicinity of Brook and
Eleventh Streets, presented a Petition requesting theCouncil to refuse the
issuance of a permit for the construction of a business house or any place of
business at 1008 Brook Street, or to revoke any permits already issued, where-
upon a certain representative of the Humble Oil & Refining Company, presented
a Petition bearing some of the same signatures on the aforesaid petition,
expressing their willingness for the above location to now be used for such
I
purpose.
After much discussion, the follmd ng motion was had:
Moved by Alderman Eastham that Thursday, April 1,7th, at 2:00 P.M.
be sat dorm as a date to hold a Public Hearing on the proposed building con-
struction at 1008 Brook Street.
Motion seconded by Alderman Spell and carried.
Moved by Alderman Spell that the Board of Aldermen authorize Hope
Chapter of DeIolay to operate the City Government and assume the duties of
the various offices and departments under the supervision of the City Manager
and various department heads on Friday May 9, 1947.
Motion seconded by Alderman Eastham and carried.
.loved byAldermanEvans that a permit be granted to Warehouse Cut Rate
Liquors for a period of one year for the purpose of erecting a sign at its
place of business located at 701 Ohio Avenue, providing the same is constructed
and erected according to specifications and under the direction of the City
Engineer.
Motion seconded by Alderman Eastham and carried.
Attorney Frank Ika.rd presented a Petition for James 0. Hodges asking
for a permit to operate fifteen taxicabs upon the streets or the City of Wichita
Falls. The petition was discussed by the Council whereupon the following motion
was had:
Loved by Ald-rman.Eastham that a public hearing be held in the
Council Room at 8:00 o'clock P.M. Monday, April 21, 1947, for the purpose of
considering the application of James 0. Hodges for a permit to operate fifteen
taxicabs upon the streets of the City of Wichita Falls.
Motion seconded by Alderman. Spell and carried.
Moved by Alderman Spratins that the Board of Aldermen approve and
ratify the action of the City Clerk and City Manager for the payment of the
sum of $2546.44 to the Wichita General Hospital for February charity patients.
Notion seconded by Alderman Wininger and carried.
Moved by Alderman. Wininger that the Board of Aldermen approve and
authorize payment to the Wichita General Hospital the sum of $3875.54 for
charity patients for the month of March, 1947, and direct the City Clerk to
draw a warrant for the same.
Motion seconded by Alderman Lastha:n and carried.
Moved by Alderman Evans that the Board of Aldermen approve and
ratify the action of the City Tax Collector and Assessor for the issuance
of a permit to Pat Carrigan Post, American Legion, for the purpose of bringing
the J. George Loose Carnival Shows to the City to be exhibited adjacent to the
Ball Park grounds from April 23rd to Pliay 4th, 1947.
Motion seconded by Alderman Eastham and carried.
369
Moved by Alderman Wininger that the Board of Aldermen approve and ratify
the action of theCity Clerk and City Manager for payment to the Treasurer of the
United States of America the sum of 5$18.99 for maintenance of runways at Kell
Field for the month of February.
Motion seconded by Alderman Eastham and carried.
Moved by Alderman Spragins that the Board of Aldermen authorize and
direct the City Clerk to transfer the sum of $50,000.00 from the City of
Wichita Falls Water Improvement time deposit in the First National Bank to the
City of Wichita Falls Water Improvement 110. 5 regular checking account, and
likewise transfer a like amount from the City of Wichita Falls Water Improvement
time deposit in the City National Bank to the City of Wichita Falls Water Improve-
ment No. 5 regular checking account.
Iv'iotion seconded by Alderman Evans and carried.
Moved by Alderman Spragins that the Board of Aldermen approve and
authorize payment to Hamilton-Martin Investment Company the sum of $377.04
being payment due April lst, 1947, by virtue of a certain water main contract
entered into by and between the City of Wichita Falls and the said Hamilton-
Martin Investment Company dated March 1, 1940, covering the Second Supplemental
dedication to the Country Club Estates Addition, and further to direct the City
Clerk to draw a warrant for the same.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman Evans that, the Board of Aldermen approve and
authorize payment to Frank Kell Estate the sum of $108.43, being pa;rnent due
April 1, 1947, by virtue of a. certain water main contract previously
entered into by and between tha City of !idichita Falls and W. S. Curlee,
subsequently assigned to Frank Kell, and further to d rect 'h< City Clerk
to draw a warrant for the sane.
Motion seconded by Alderman Eastham and carried.
ORDIPd ANCE NO. 1433
AN ON.DINA CE AMF2214DING .S'ICTION 7,10 (2) OF ORDINANCE N0. 1296, PASSED AND
ArPROVED ON THE 22ND DAY OF JANUAiiY, A. D. 1940, ENTITL-10 'BAN ORDINANCE
Ctir ATING AND DEFIIvII G PEil -ING METIER ZONES IN 'I'II " CITY OF t ICHITA FALLS, Tj,-XAS;
P1LOVIDINIG FOit THE INSTALLATIONS CI'i:RATION 12lll i',IAINTr,\JANCE OF MECHANICAL
DLViC:LS T'0 i;EGULATE PAAKING IN SAID PAitKING MET-HR ZONES: PtCVIDING FOES. THE
COLL CTION OF i GULATON.Y AND IN3f CTIOIN FEES FOH THE USE, OF SUCH DEVICE'S;
PrtOVIDING FGH THE DEP03IT OF SUCH FLL;S BY T11E CITY TAEASURER IN A SPECIAL FUND
PROVIDING FOH TH,,, IvETHOD ,rPZ Ptiit?OSES OF IjISBU1,iSr1ENT OF SAID FUND; MAKING IT
LNLA>>d_FL'L TO USE THE STREETS CH POUTIONS OF THE ST`?EETS SO DrSIGNATED FOR Pl-rtKING
EXCEPT THrtJUGH USE OF F,(dgKING iKETEYS; DEFINING WHAT ACT SHALL BE UNLAWFUL, AND
FIXING PENALTIES FOA THE VIOLATION OF THL PAOVISIONS OF THIS ORDINANCE, AND RE-
PEALINC ALL Ci )INANCES AND PARTS OF OADINANCES IN CONFLICT HF;ItL:•JITH AND DE CT
AN EPIEitGLNCY.
Moved by AldermanWininger that Ordinance No. 1433 be approved and
passed as read on its second reading.
Motion seconded by Alderman Spell and carried by the following
vote:
Yeas: Aldermen Spragins, Spell, Wininger, Evans and Eastham.
Nays: None
370
Moved by Alderman Evans that the City Attorney and City Manager be
directed to prepare and submit to the Council an Ordinance requiring all places
of business having reserved curb space shall pay for the same on an equal and
I
equitable basis.
Motion seconded by Alderman Spell and carried.
- - - - - - - - - -
41
Moved by Alderman SpraE-,ins that the Board of Aldermen authorize
the City Manager to purchase 100 parking meters of the Magee-Hale Park-O-Meter
Company for an approximate cost of $61.00 each.
Motion seconded by Alderman Spell and carried.
Moved by Alderman Wininger that the Board of Aldermen grant per-
mission to Wichita Transit Company to institute a bus route for a 60 day trial
period, beginning at loth & Indiana, thence north on In,_i ana to Seventh, thence
East on Seventh to Lee Street, thence North on Lee Street to Front Street,
thence West on Front St. to Green diver Courts, thence North to Sheppard Field
by the Burkburnett Highway, returning the same route to Seventh & Ohio Streets,
thence South on Ohio to Tenth Street, thence west to Tenth and Indiana,
effective April 21, 1947.
Motion seconded by Alderman Spell and carried.
.Moved by Alderman Evans that the Board of Aldermen approve and
enter into a contract with the Lone Star Gas Company for the purpose of
supplying gas for a housing project (colored) consisting of approximately
ten units located at corner of Rosewood and Edgewood Streets, under the
terms and conditions set forth in said contract,a copy of which shall be
filed in the office of the City Clerk, and further to authorize Mayor
W. B. Hamilton to execute the said contract for and on behalf of the City
of Wichita Falls.
Motion seconded by Alderman Eastham and carried.
Moved by Alderman Eastham that the Board of Aldermen authorize and
direct the City Tax Collector to accept the sum of $415.84 for delinquent
takes in full covering the 6.35 acres of land in Block 1, Kemp & Newby Addition,
for 1945 and prior years.
Motion seconded by Alderman Evans and carried.
Moved by Alderman Wininger that the Board of Aldermen authorize and
direct the Chief Clerk of the Water Department to charge off an accumulation
of past due unpaid water bills which appear to be uncollectable, aggregating
the sum of $1830.86, likewise to c::arge off an accumulated balance of over-
payments aggregating the sum of $380.06; also to charge off an accumulation
of unpaid garbage accounts which also appear to be uncollectable, aggregating
the sum of $760.521 likewise to charge off an accumulation of credit balances
aggregating the sum of $23.64; a list of the above having been reviewed by the
City Manager, who recommended charging off the same, a copy of the above
being filed in the office of theCity Clerk for future reference.
Motion seconded by Alderman SpraZins and carried.
371
Moved by Alderman 'Evans that the Board of Aldermen approve and authorize
the purchase of the Lamar Street U. S. 0. building for a consideration of $55,528.50
and further to direct and order the City Clerk to draw a warrant for the same,
payable out of the regular Water Fund cash.
Motion seconded by Alderman Eastham and carried, with Alderman Spell
voting Nay.
Moved by AldernanEvans that the Board of Alder-nen authorize the City
Manager to purchase one hundred steel lockers for the Municipal Golf Club house
at an approximate cost of $12.00 each, and further to direct the City Clerk to
draw a warrant for the same, payable out of the Park Fund cash.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman Wininger that, in accordance with the custom of
the Council, the Board of Aldermen authorize the issuance of a life time
membership in the Municipal Golf Club to retiring Alderman J. W. Fitzpatrick.
Motion seconded by Alderman Evans and carried.
Moved by Alderman Eastham that the Board of Aldermen authorize and
order payment of the sum of $528.18 to Wichita County Water Improvement
District No. 2 for taxes due for the year 1946 on a certain tract of land
recently acquired of I. H. Kempner, containing 263.84 acres out of Denton
County School Land-Lakeview Farms Survey, and since this tract of land
acquired was necessary for use in connection with the new Reservoir in Archer
County, and since the contract agreement with the said I. H. Kempner provided
that; the City shall pay all 1946 taxes and water rights due the said Wichita
County Water Improvement District No. 2, the city clerk is hereby directed
and ordered to draw a warrant for the same out of the Water Improvement No.
5 Fund cash and charge the same to the cost of the land acquired as above
described.
Moved by Alderman Spragins that the meeting be adjourned.
Motion seconded by Alderman Spell and carried.
The Board of Aldermen then adjourned.
>h
R.o,AD AND APPROVED this the _day of /f��� , 1947.
ATTES Mayor.
City Clerk
i
I
i
I