Min 01/26/1948 449
Wichita Falls, Texas
Memorial Auditorium Building
January 26, 1948
The Board of Aldermen of the City of Wichita Falls, Texas, met in
called session on the above date at 7-30 o'clock P.M. in the Council Room
in the Memorial Auditorium Building, with the following members present:
W. B. Hamilton Mayor
C. A. Spragins I
K. C. Spell Aldermen
Melvin B. Evans
A. Jay Eastham
G. D. Fai rtrace, City Manager
T. A. Hicks, City Attorney
Kearby Peery, Assistant City Attorney
Geo. T. Henderson, City Clerk
A quorum being present, Mayor W. B. Hamilton stated this meeting
had been called for the consideration of the following enumerated matters:
1. To pass and consider a zoning ordinance of the City of Wichita Falls.
2. To consider the ratification and authorization of a suit by the
City of Wichita Falls against J. P. Mariash and the Soap Corporation of America
to enjoin a nuisance.
3. To consider an ordinance to provide for regular meetings of the City
Council of the City of Wichita Falls.
4. To consider the claim of Mrs 011ie Goodman against the City of
Wichita Falls.
5. To consider the filing of a suit or other redress on behalf of
the City of Wichita Falls against W. H. Haley for damage to a vehicle belonging
to the Fire Department of the City of Wichita Falls.
Moved by Alderman Spragins that the Board of Aldermen recommend
Doctors Otto C. Egdorf, J. D. Hall and W. L. Powers as members of the Wichita
General Hospital Board for the remainder of the calendar year 1948.
Motion seconded by Alderman Spell and carried.
ORDINANCE N0. 14522
AN ORDINANCE TO REGULATE AND RESTRICT THE USE OF LAND AND THE LOCATION
OF BUILDINGS DESIGNED FOR SPECIFIED USES: TO REGULATE AND RESTRICT THE LOCATION
OF TRADES AND INDUSTRIES; TO REGULATE AND LIMIT THE; HEIGHT AND BULK OF BUILD-
INGS HEREAFTER ERECTED OR ALTERED: TO REGULATE AND DETERMINE THE AREA OF YARDS,
COURTS AND OTHER OPEN SPACES, IN CONNECTION WITH BUILDINGS AND/OR SURROUNDING
BUILDINGS HEREAFTER ERECTED OR ALThRED; TO REGULATE AND LIMIT THE DENSITY OF
POPULATION: TO DIVIDE THE CITY INTO DISTRICTS AND ESTABLISH BY REFERENCE TO A
MAP, THE BOUNDARIES OF SAID DISTRICTS FOR SAID PURPOSES; TO PROVIDE FOR A BOARD
OF ADJUSTMMTS AND DEFINING ITS POWERS AND DUTIES; TO PROVIDE FOR ITS ENFORCE-
MENT AND PRESCRIBING THE FOLLOWING P114ALTIES: ANY PERSON, FIRM OR CORPORATION
WHO VIOLATES, DISOBEYS, OMITS, NEGLECTS, OR REFUSES TO COMPLY WITH, OR WHO RE-
SISTS THE ENFORCE1,aNTS OF ANY OF THE PROVISIONS OF THIS ORDINANCE, SHALL, UPON
CONVICTION, BE FINED NOT LESS THAN T11i DOLLARS ($10) OR MORE THAN ONE HUITDRED
DOLLARS ($100) FOR EACH OFFENSE. EACH DAY THAT A VIOLATION IS PERMITTED TO EXIST
SHALL CONSTITUTE A SEPARATE, OFFENSE; TO PROVIDE FOR THE AMENDMENTS TO THIS
ORDINANCE; 70 PROVIDE FOR PERMITS AND CNRTIFICATES OF OCCUPANCY; TO PROVIDE FOR
ITS INTERPRETATION AND THAT OF OTIER ORDINANCES OR LAWS OR COVENANTS, ETC.,
RELATING 70 THE SAME OR SIMILAR SUBJECTS; TO PROVIDE THAT IF ANY CLAUSE, SENTENCE,
SECTION, PARAGRAPH OR PART OF THIS ORDINANCE SHALL BE HELD INVALID, SUCH INVALIDITY
SHALL NOT INVALIDATE THE ROWND.t ; TO PROVIDE FOR THE REPEAL OF ALL OTHER
ORDINANCES OR PARTS OF SUCH ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
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Moved by Alderman Evans that Ordinance No. 1452 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, Evans and Eastham
Nays: None.
ORDINANCE NO. 145
AN ORDINANCE AMENDING SECTION/-901 OF ORDINANCE NO. 1392 PASSED AND
APPROVED BY THE BOARD OF ALDERMEN ON THE 23RD DAY OF OCTOBER A. D. 1944
PROVIDING FOR ONLY ONE REGULAR MONTHLY MEETING OF THE BOARD OF ALDERMEN TO BE
H3,D ON THE SECOND MONDAY OF EACH CALENDAR MONTH AND, AMENDING THE SAME AND
PROVIDING FOR TWO MONTHLY MEETINGS BY THE BOARD OF ALDERMErJ TO BE HELD ON THE
SECOND AND FOURTH MONDAYS OF EACH CALENDAR MONTH.
Moved by Alderman Eastham that Ordinance No. 1453 be approved and
passed as read on its second reading.
Motion seconded by Alderman Evans and carried by the following vote:
Yeas: Aldermen Spragins, Spell, Evans and Eastham.
Nays: None.
ORDINANCE N0._1454
AN ORDINANCE CHANGING THE NAME OF TWENTY-SIXTH STREET, BE A EN
HOLLIDAY AND CARRIGAN, TO VICTORY STREET, IN- THE CITY OF WICHITA FALLS, TEXAS.
Moved by Alderman Eastham that Ordinance No. 1454 be approved ,and
passed on its second reading.
Motion seconded by Alderman Evans and carried by the following
vote:
Yeas: Aldermen Spragins, Spell, Evans and Eastham.
Nays: None
ORDINANCE NO. 1
AN ORDINANCE AMENDING SECTION 4-707 OF ORDINANCE NO. 1377, PASSED
AND APPROVED THE 29TH DAY OF DECEM M, A. D., 1943, PROVIDING FOR THE CLOSING
HOURS OF ALL PUBLIC DANCE HALLS AT TWELVE O�CLOCK P.M., CHANGING SUCH HOUR
TO ONE O'CLOCK A.M. SO THAT ALL PUBLIC DANCE HALLS SHALL CLOSE AT ONE O'CLOCK
A.M.
Moved by Alderman Spragins that Ordinance No. 1455 be approved and
passed as read on its first reading.
Motion seconded by Alderman Eastham and carried by the following vote:
Yeas: Aldermen Spragins, Evans and Eastham.
Nays: Alderman Spell.
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Otis Nelson, Attorney for Mrs 011ie Goodman, appeared before the Council
for the purpose of discussing Mrs Goodman's alleged claim for damages against the
City of WichitaFalls. After some discussion, the matter was deferred for further
consideration by the Council.
Moved by Alderman Eastham that the Board of Aldermen' approve and
authorize payment to Reed & Brumley, House-Movers of Vernon, Texas, the
sum of $1892.50 for their charges for moving one barracks building from
Sheppard Field to the Wichita General Hospital, plus foundation construction
and carpenter work; and further to authorize and direct the City Clerk to
draw a warrant for the same upon like payment by Wichita County.
Motion seconded by Alderman Evans and carried.
Otis Nelson, AttoM y for The Soap Corporation of America, and
Dr. Sherman, Engineer for - ;oap Corporation of America, together with a
large delegation of residents from the Sibley-Taylor Addition, appeared before
the Council to discuss the merits and demerits of the Soap Manufacturing
plant in the vicinity of the Sibley-Taylor Addition. Both opponents and
proponents were given opportunity to express their views, and after consider-
able discussion, the following Resolution was presented to the Council:
RESOLUTION NO. 19
Whereas it has come to the attention of the City Council of the
City of Wichita Falls, Texas, that certain citizens have complained and
are complaining about a public nuisance being maintained by the Soap Corpora-
tion of America and J. P. Mariash at the corner of Bluff and Sibley Streets
in the City of Wichita Falls.
And whereas said Councilmen, constituting a majority of the
Council, Have heretofore authorized Kearby Peery, Assistant City Attorney,
to file a suit in the District Court for and on behalf of the City of Wichita
Falls, Texas, to abate and enjoin said nuisance in whole or in part.
And whereas a plea in abatement has been filed in the District
Court, Wichita County, Texas, questioning the authority of said Kearby Peery
to bring said suit for and on behalf of the City of Wichita Falls.
Therefore, be it resolved that the previous acts of said Kearby
Peery for and on behalf of the City of Wichita Falls, Texas, are hereby
ratified and confirmed, and the said Kearby Peery is hereby authorized and
directed to continue to prosecute said suit, or any other suits which he may
deem necessary to properly protect the interests of the City of Wichita Falls
in the premises, and his previous acts in that regard are hereby confirmed
and ratified.
Moved by Alderman Spell that the above and foregoing Resolution
No. 19 be. adopted and passed as read.
Motion seconded by Alderman Evans and carried by the following
vote:
Yeas: Aldermen Spragins, Spell, Evans and Eastham.
Nays: None.
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Moved by Alderman Evans that the Board of Aldermen grant permission to
the Wichita General Hospital to use the barracks building,moved from Sheppard
Field to the General Hospital property on Eighth Street, with the present
electrical wiring installation, commonly known as B X.
Motion seconded by Alderman Spell and carried.
Dr. W. L. Powers, spokesman for members of the Wichita General Hospital
Board, appeared before the Council and submitted the following recommendation:
The Board of Governors of the Wichita General Hospital reco:anends that equipment be
purchased to establish an x-ray department that will adequately take care of the
medical needs of this county. This recommendation is made for the following reasons:
(1) The technical efficiency of the present hospital would be improved. A survey
of similar hospitals in communities throughout the state shows that in almost
every instance their x-ray equipment is superior to ours.
(2) A source of income previously unavailable would be provided. There are
three sources of income available in any similar hospital: 1) Room and board,
2) Laboratory, and 3) X-ray Department. Under the present arrangement the
income from the x-ray department is not being sufficiently developed. Accurate
records regarding previous potential intone from the x-ray department are
not available except those for the month of December, 1947. This represents
the period that the hospital has had supervision of the operation of the
department. The gross income for that period was $1591.00. After paying
the acting part time radiologist 40%, deducting 10% for bad debts, and
paying all costs of operation, the hospital made $370.00. Since it was not
possible to obtain accurate previous figures regarding the income from the
department, an effort was made to determine the approximate gross monthly
income from similar hospitals of equal size in various cities throughout
Northwest Texas. A reliable source indicates that the following figures are
approximately correct:
A. 125 bed hospital, Abilene, Texas, $2500.00 per month
B. 100 bed hospital, Amarillo, Texas, $2500.00 per month
C. 75 bed hospital, Fort Worth, Texas, $3500.00 per month
D. 75 bed hospital, Amarillo, Texas, $2200.00 per month
E. 150 bed hospital, San Angelo, Texas, $7500.00 per month
F. 200 bed hospital, Fort Worth, Texas, $3000.00 per month
It is the opinion of the x-ray committee of the governing board that with a
qualified radiologist in charge of the department, we should gross between
$2500 and $3000 per month after the potentialities were fully developed.
A conservative estimate indicates that this would provide a net income to
the hospital of $400-500 dollars per month.
Present estimates from three major concerns installing and servicing equipment of
this type show that approximately $35,000.00 will be required to establish an adequate
X-ray Department. This includes the purchase and installation of the equipment
and the necessary inside construction to house and operate it properly. These esti-
mates have been reviewed by a consulting cowiti.ttee of x-ray men including Dr. Claude
Wilson of the Wichita Falls Clinic Hospital of this city and Dr. Tom Bond of Fort
Worth, Texas, and have been declared adequate for the present and estimated future
needs of the hospital. With the potential income fully developed as outlined, it
is estimated that the equipment would pay for itself in five or six years. With
minor improvements as they develop, this equipment should care for the x-ray needs
of the hospital for the next twelve to fifteen years.
In order to provide the technical efficiency and develop the potential income from
such a department, it is necessary to secure a competent•, qualified x-ray man to
operate it. This is not possible with our present equipment because no well-trained
man will agree to work with it. At present the department, is being run on a part-time
basis by Dr. Claud Wilson, on loan to us from the Wichita Falls Clinic Hospital,
who has consented to operate it temporarily while we are without a radiologist.
This arrangement is not permanent and therefore there is an element of urgency about
the matter. The governing board would appreciate anything that could be done to
expedite this matter. The board also wishes to call to the attention of the council
and the County Commissioners Court the fact that similar changes in the operation
of the laboratory at the Wichita General Hospital have resulted in increasing the
income of the department approximately $500.00 per month.
The Board is making every effort possible to run the hospital as economically as
possible and will continue to do so, but it also feels that it has a moral and legal
responsibility to the citizens of the county to provide facilities that will assure
them adequate medical care.
Board of Governors
Wichita General Hospital
d. D. Hall, President
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Moved b Alderman S r a ins that the Board of Aldermen approve and
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authorize the Wichita General Hospitel to purchase certain X-ray equipment
for a consideration not to exceed the sum of $35,000.00, one-half of which
to be paid by Wichita County, and the remaining one-half to be paid by the
City; terms and conditions of the purchase to be determined later.
Motion seconded by Alderman Spell and carried.
Moved by Alderman Evans that the Board of Aldermen approve and
authorize the sale of the settling basins, etc. adjacent to the Old Water
Plant, more particularly described as follows:
Beginning at a point in the John A. Scott Survey No. 10, 224 feet west
and 447.9 feet south of the S.W. corner of John A. Scott No. 11, and
running thence south 130.8 feet to a point; thence S 350 181 W. 379 feet
to a stake in the fence; thence S. 460 29t E. 224 feet to a stake- thence
S 890 51t E. 1-20 feet to a stake; thence S. 43' 461 E. 155.2 feet to a
stake; thence S. 300 141 E. 128.8 feet to a stake; thence S. 790 211 E.
134.3 feet to a stake; thence S. 890 451 E. 269.7 feet to a stake; thence
N. 20 301 E. 551.2 feet to a Bronze Monument set in concrete; thence
S. 890 45' W. 281.3 feet to a corner; thence S. 160 381 W. 165 feet to a
corner; thence N. 620 45t W. 120 feet to a corner; thence S. 350 23' W.
121.E feet to a corner; thence N. 820 051 W. 62.2 feet to a corner; thence
S. 700 491 W. 74.8 feet to the place of beginning and containing 15.4
acres more or less. Save and except these tracts or parcels of land
more fully described in the Deed Records of Wichita County in Volume 377
on page 418 and in Volume 171 on page 175•
to the Texas Electric Service Co. for a consideration of $25,000.00, and a deed
from the Texas Electric Service Co. to the City for a strip of land 20 ft. x
447.9 feet., running from Chester Street toTwenty First Street, for street-
widening purposes; and to aut rl e and empower Mayor W. B. Hamilton to
execute a quit claim deed to MeA,
exa.s Electric Service Co�apany for and on
behalf of the City of Wichita Falls.
Motion seconded by Alderman Spragins and carried.
Moved by Alderman Spragi.ns that, the meeting be adjourned.
Notion seconded by Alderman Evans and carried.
The Board of Aldermen then adjourned.
RSAD AND APPROVED this the 9th day of February, 1948.
Mayor
ATTEST•
City Clerk
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