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Min 09/08/1947 406 i Wichita Falls, Texas Memorial. Auditorium September 8, 1947 The Board of Aldermen of the City of Wichita Falls, Texas, met in red*ular session on the above date at 7-30 o'clock P.M. in the Council Room in the Memorial Auditorium, with the following members present: W. B. Hamilton, Mayor h. C. Spell E. J. Wininger Kelvin B. Evans Aldermen J. M. Baber A. Jay Eastham G. D. Fairtrace, City Mana}Ter T. A. Hicks, City Attorney Geo. T. Henderson, City Clerk Thp Minutes of the regular meeting held July 11�, 1947, were read and approved as read; likewise the Minutes of the called sessions held July 15, 1947, July 25, 1947, and August 11, 1947, respectively, were read and approved as read. E. F. Eubank presented a petition bearing 14 signatures, requesting the Council to cancel a ;permit previously issued to M. L. Richardson to construct a building at 1516 Cole Street, to be used as a grocery store. The merits of the petition were discussed, whereupon the following motion was had: iloved by Alderman Shell that the permit previously issued to M1. L. Richardson to erect a building at 1;16 Cole Street for the purpose of operating a grocery store, or any other class of business at this location, be and is here- by revoked. Motion seconded by Alderman 14ininger and carried. Messrs Stephens and Riley came before the Council requesting ilayor Hamilton to execute a deed conveying back to the Kiwanis Club a certain property, commonly known as Cannon Park, previously deeded to the City of Wichita Falls for park purposes, the execution of the said deed having been authorized by the Board of Aldermen on March 10, 1947. Much discussion was had on the subject, thereupon Mayor W. B. Hamilton expressed his opinion to the effect that he seriously doubted the legality of the city's right to deed back this property, and asked the City Attorney for a written o1-)inion on the same. Furthermore, Mayor Hamilton did not consider it fair to the 1930 membership of the Kiwanis Club for the present membership to asl- +.hat their action be rescinded; however, Mayor Hamilton consented to execute the deed. Moved by Alderman Wininger that a plumber's license be granted to L. W. Steelman for a period of thirty (_30) days, providing that the said L. W. Steelman furnish the necessary bonds. Motion seconded by Alderman t;astham and carried. ORDINANCE NO. 1440 AN ORDINANCE RfTEALING ORDINANCE NO. 416 PASSED AND APPROVLD BY THE BOARD OF ALD H3VN ON AUGUST 1, 19221, ENTITLED "AN ORDINANCE PROHIBITING ANY CIRCUS OR PART OF A CIRCUS TO BE IL22D OR CONDUCTED WITHIN THE CITY OF WICHITA FALLS AT ANY TIDE BETW`EHN THE 13T DAY OF SEPTL`.IB'm !ND THE LOTH DAY OF OCTOBi AP,1T,A7iL'rLh WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TL'aAS." 407 Moved by Alderman Spell. that Ordinance No. 1440 be approved and passed on its first, reading. Motion seconded by Alderman Wininger and carried by the following vote: Yeas: Aldermen Spell, Wininger, Evans, Baber and Eastham. Nays: None Moved by Alderman Eastham that the Board of Aldermen authorize the leasing of approximately 1558 sq. ft. in the Basement of the Auditorium Building to the Area Boy Scouts for a period of three to five years; the first six months' rent to be free gratis, providing the said Area Boy Scout Organization proceed to make certain improvements, such as installation of petitions, painting, etc. as proposed by them, and pay the sum of $75.00 per month rent for the remaining term. of. the lease; and further to authorize the City Manager to execute a lease contract for and on behalf of the City. Motion seconded by Alderman Evans and carried. Moved by Alderman Baber that the Board of Aldermen approve the leasing of that portion of Indiana Avenue lying between Lots 2 and 8, Block 76, and Lots 22 and 28, inclusive, of Block 77, Uriginal, less certain right of way and unloading dock space heretofore granted to the Fort Worth & Denver City Ry. Co., for a term of one year beginning October 15, 1947, and ending October 14, 1948, for a consider- ! ation of $200.00, payable in advance, and to authorize Mayor W. B. Ha-nilton to execute the said lease agreement for and on behalf of the City. Motion seconded by Alderman Evans and carried. Moved by Alderman Baber that the Board of Aldermen authorize the City Manager to enter into negotiations ivzth the Texas Electric Service Company for the purpose of selling to them 3.84 acres of land at the City Filtration Plant abutting approximately 700 ft. on the East side of Burnett Street, together with the old Water Filter Plant buildings, settling basins, etc., for a consideration of $25,000.00, and approximately ten (10) acres of land comprising the Spray Pond for cooling water, for a consideration of $35,000.00, or lease the same for a consideration of $3000.00 per year. Motion seconded by Alderman Eastham and carried. Moved by Alderman Evans that the Board of Aldermen authorize and direct the City Clerk to transfer the sum of $3,398.07 from the regular Water Fund cash account to the Water Improvement No. 2 cash account. Motion seconded by Alderman Spell and carried. Plcved by Alderman Wininger that the Board of Aldermen authorize; and direct the City Clerk to transfer the sum of $144,064.00 from the regular Water fund cash account to the following accounts: General Fund $119,766.00 Street Fund 14,261.00 Library Fund 10,037.00 Motion seconded by Alderman Baber and carried. 408 Moved by Alderman Evans that the Board of Aldermen authorize Mayor W. B. Hamilton to execute a quit claim deed to the L. E. C. Company covering the West 50 ft. of Lot 2, Block 2, Barwise & Jalonic Addition; the purpose of this deed being for title ;perfection only. Motion seconded by Alderman Spell and carried. ORDINANCE NO. 1441 AN ORDINANCE PROVIDING FOR A CUSTODIAN FOR THE MEMORIAL AUDITORIUM, GROUNDS, AND BUILDING BELONGING TO THE CITY CF WICHITA FALLS, TEXAS, FIXING A SCHEDULE OF RENTS TO BE CHARGED FOR THE USE OF SUCH AUDITORIUM, AND GROUNDS, AND AUTHORIZING SUCH CUSTODIAN TO RENT THE AUDITORIUM AND/OR GROUNDS AND COLLECT SUCH CHARGES AS MAY BE PROVIDE+'D BY THIS ORDINANCE, HEREBY REPEALING ALL OTHER, ORDINANCES IN CONFLICT HEhEillITH AND DECLARING AN EMERGENCY. Moved by Alderman Wininger that Ordinance No. 1441 be approved and passed as read on its first reading. Motion seconded by Alderman Spell and carried by the following vote: Yeas: Aldermen Spell, Wininger, Evans, Baber and Eastham. Nays: None. Moved by Alderman Wininger that the application of Collin Brown for a permit to operate a neon sign between the curb and the sidewalk at 419 B Flood Street for liquor advertising purposes be refused and denied. Motion seconded by Alderman Spell and carried. Moved by Alderman Spell that the Board of Aldermen authorize payment to the City National Bank the sum of $22.45 for traveling expenses of its Trust Officer to Austin to officially authenticate the $500,000 Water Works Revenue bonds on July 27th,-28th and 29th of this year, and to direct the City Clerk to draw a warrant for the same. Motion seconded by Alderman Evans and carried. Roved by Alderman Spell that the alleged claim of Firs 011ie Goodman for damages in the amount of $10,000.00 be referred to the City Attorney. Motion seconded by Alderman Evans and carried. ORDINANCE NO. 141�2 AN ORDINANCE; MAKING IT UNLAWFUL FOR ANY PERSON TO INTRUDE OR TRESPASS UPON THE PRI11ISES OF ANOTHER IN THE CITY OF WICHITA FALLS , TEXAS, WITHOUT TH: CONSENT OF THE OWNER OR OCCUPA14T OF SUCH PHI-21ISES, PR_�SCRIBING A PENALTY., AND DECLARING AN EMi!iGENCY. Moved by Alderman Spell that Ordinance No. 1442 be approved and passed as read on the first reading. Motion aeconded by Alderman Evans and carried by the followin€=, vote: Yeas: Aldermen Spell, Wininger, Evans, Baber and Eastham. Nays: None. 409 City Attorney T. A. Hicks reported that, as much as he disliked to, he had accepted the resignation of Assistant City Attorney Thelbert Martin, effective September 15, 1947, and had appointed Kearby Peery to succeed Mr. Martin, effective the same date. Moved by Alderman Wininger that the meeting be adjourned. Motion seconded by Alderman Spell and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 13th day of October, 1947. Mayor ATTliST: City Clerk Clerk