Min 10/18/1948 i
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Wichita Falls, Texas
Memorial Auditorium Building
October 18, 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:
Harold Jones Mayor
C. A. Spragins
Edward G. Kadane
E. J. Wininger Aldermen
J. it. hay
B. C. Hunter
G. D. Fairtrace City Manager
Kearby Peery City Attorney
Geo. T. Henderson City Clerk
Mayor Jones stated this meeting had been called for the purpose of
holding public hearings on Ordinances No. 1469, No. 1470 and No. 1471; also
to conduct a public hearing on the petition to either, repeal the Planning and
Zoning Ordinance No. 1452, or permit the electorate to vote upon the same,
such petition having been previously certified by the City Clerk.
A public hearing was field on the applications of the Continental
Lines Inc. dba A & A Taxi, and Safeway Cab Co., reauesting permits to operate
five each additional taxicabs upon the streets of the City. There being
no opposition voiced againot the issuance of such permits, the following
motion was had:
Moved by Alderman 'dininger that the public hearing on the applications
of the Continental Lines Inc. dba A & A Taxi Go. and Safeway Cab Co. be closed.
Motion seconded by Alderman Spragins acid carried.
Moved by Alderman Spragins that the Board of Aldermen approve and
authorize the issuance of a Certificate of Public Necessity and Convenience
to the Continental Lines Inc. dba A & A Taxi, to operate five additional
taxicabs upon the streets of the City of Wichita Falls, and likewise issue
a Certificate of Public necessity and Convenience to Safeway Cab Co. to operate
five additional taxicabs upon the streets of the City of Wichita Falls; pro-
viding the said Continental Lines Inc. dba A & A Taxi, and the Safeway Cab Co.
fully comply with the terms and conditions of the Ordinance e0 verning the issuance
of taxicab permits.
Motion seconded by Alderman Wininger and carried.
A public hearing was held on Ordinance No. 1469, at which time both
proponents and opponents were heard. A petition addressed to the Planning
Zoning Commission, protesting the passing of Ordinance No. 1469, was also
kiven consideration, thereupon the following motion was had:
I1,oved by Alderman Wininger that the public hearing on Ordinance No.
1469 be closed.
Motion seconded by Alderman hadane and carried.
No further action was taken on Ordinance No. 1469 at this time.
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A public hearing was Field on Ordinance No. 1470, at which time both
proponents and opponents were heard. There being only slight opposition to
Ordinance No. 1470, the following motion was had:
Moved by
Alderman Spragins that the public hearing on Ordinance No.
1470 be closed.
Motion seconded by Alderman Kadane and carried.
OitDINAIdCE NO. 1470
AN ORDINIUICE Ak14DING ORDIIANCE NO. 1452, PASSED AND APPROVED BY THIS
BOARD OF ALDdil EN OF THE CITY OF WICHITA FALLS, TEXAS, ON THE 5TH DAY OF FEBRUARY,
A. D. 1948, SO AS TO CREATE A "HEAVY INDUSTRIAL DISTRICT" ON THE EAST EIGHT LOTS
ON THE SOUTH SIDE OF THE 400 BLOCK ON FRONT STREET, BY CHANGING ALL OF LOTS 92
1011 11, 12, 13, 14, 15, AND lb, IN BLOCK 89, ORIGINAL TOIvIZITE OF WICHITA FALLS,
T:_,XAS, FROM "DISTRICT B" Olt "SECOND DWELLING HOUSE DISTRICT" TO "DISTRICT G" OR
"HEAVY INDUSTRIAL DISTRICT"; DIRECTING THE CITY SECRETARY TO gt,;ND AND CHANGE THE
OFFICIAL MAP TO REFLECT SUCH CHANGES AND REDISTRICTING; PROVIDING A SAVING CLAUSE,-
REPEALING CONFLICTING PROVISIONS OF ORDINANCE IJO. 1452; OttDERIIJG NECESSARY PUBLICA-
TION; AND DECLI.itJNG AI4 &�IERGEIICY.
Moved by Alderman Wininger that Ordinance No. 1470 be approved acid passed
as read on its first reading.
Motion seconded by Alderman Spragins and carried by the following
vote:
Yeas: Alderman Spragins,Kadane, Wininger, Ray and Hunter.
Nays: None.
A public hearing was held on Ordinance No. 1471, at which time both
proponents and opponents were given an opportunity to be heard. There being
no opposition voiced against Ordinance No. 1471 by the public, the following
motion was had:
Moved by Alderman Kadane that the public hearing on Ordinance No. 1471
be closed.
Motion seconded by Alderman Spragins and carried.
ORDINANCE NO. 1471
All ORDINANCE AMENDING ORDINANCE ILO. 14521 PASSED AND APPROVED BY THE
BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, ON THE 5TH DAY OF FEBRUARY,
A. D. 1948, SO AS TO CHANGE ALL DISTRICTS IN THE CITY OF WICHITA FALLS, TEXAS,
NOW DESIGNATED AS "DISTRICT All OR "FIRST DWELLING HOUSE DISTRICT" TO "DISTRICT B"
OR "SECOND DWELLING HOUSE DISTRICT", EXCEPT COUNTRY CLUB ESTATES, LAVINA TERRACE,
INDIAN HEIGHTS, MUfd4INGSIDE PARK, MORNINGSIDE PARK NORTH, THAT PORTION OF FLORAL
HEIGHTS ADDITION LYING SOUTH OF TENTH STREET, NORTH OF AVENUE H, :EAST OF TILDEN
ST 4ET AND WEST OF BUCHANAN STREET, ALL OF THE WESTNiORELAND PARK ADDITTION AND THE
MARLBOROUGH ADDITION: AND EXCEPTING SUCH OTHER DISTRICTS, ADDITIO14S, SUBDIVISIONS,
LOT, OR LOTS WHICH RESTit1CT THE LAND TO SINGLE RESIDEI TIAL USE BY RES:RVATION,
COVENANT, CONDITION, Oh ST7PULA`l'ION IN THE DEED (OR DEEDS), PLAT OR DEDICITION
Thl,tiWF; DIRECTING THE CITY SECRETARY 'M AMEND AND CHANGE THE OFFICIAL MAP `fo
RL'FLECT SUCH CHANGES AND RLDIST —LCTIhG; PROVIDING A SAVING CLAUSE; Rr,PEALING CCN-
FLICTING PROVISIONS OF ORDINANCE 140. 1452; ORDERING NECESSARY PUBLICATION; AND
DECLARING AN EMERGENCY.
Moved by Alderman Wininger that Ordinance No. 1l71 be approved and passed
as read on its first reading.
.~lotion seconded by Alderman Spragins and carried by the following vote:
Yeas: Alderman Spragins, Kadane, Ydininger, Ray and Hunter.
Nays: None.
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A public hearing was held by the Comraittee as a whole on the Planning
Zoning petition previously certified to by the City Clerk for the purpose of
repealing Ordinance No. 11,52, or submitting the same to a vote of the people,
at which time no opposition was voiced by the public against said Ordinance No.
1452, thereupon the following motion was had:
Gloved by Alderman Spraf;ins that the public hearing by the Corn-nittee
as a whole be closed.
Motion seconded by Alderman Wininger and carried.
No further action with reference to Ordinance No. 1452 was taken
at tliis time.
;loved by Alderman Hunter that the Board of Aldermen authorize and
direct the city clerk to draw a warrant payable to C. C. George in the amount
of U50.00, out of the Ta::icab Deposit Fund cash, and charge the same against
the Taxicab Fund of Ramp's Twzi, by virtue of a certain judgment decreed in
the 30th District Court on September 28, 1948, being Cause No. 444-64-A, against
Hamp's Taxi in favor of the said C. C. George, which appears to be in conformity
frith Ordinance governing the taxicab depoait fund and pa-ments :wade therefrom for
judgment s.
Motion seconded by Alderman Wininger and carried.
OHDINA1110E NO. 1472
AN ORDI1JA1-CE PROVIDING ADDITIONAL APPROP RIATION FOR. SUPPORT OF THE
CITY GOVLidQAt!,NT .'OH THE FISCAL YEAH ENDIidG 30, 1948.
Moved by Alderman Kadane that Ordinance No. 1472 be-approved and
passed as read on its third and final reading.
Potion seconded by Alderman Hay and carried by the following vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray and Hunter.
Nays: None.
ORDINANCE NO. 1474
AN ORDINANCE CLONING AND ABANDONING THAT PORTION OF GALVESTON STREET
LYING EAST OF COLORADO STHErT AND BOUNDED ON THE FAST BY THE VIRGINIA STREET
CUT-OFF, SAID PORTION OF SAID STit ;1,T BEING THE NORTHEAST CG!dJLR OF BLOCK 31 OF
THE J. A. K11:P ADDITION .LU THE; CITY OF 11ICHITA FALLS, T}:Xt1S.
Moved by Alderman Wininger that Ordinance No. 1474 be approved and
passed as read on its second reading.
Motion seconded by Alderman Kadane and carried by the following
vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray and Hunter.
Nays: Done.
ORDINANCE 140. 1475
AN ORDINANCE CLOSING AND ABANDONING THE ;ALLEY hUNi;ING EAST AND WEST
BEDIEEN CALIFOHNIA STREisT AND COLORADO STREET 3En?41EL4 GALVESTON STREET AND SAN
ANTIONIO STREET, LOCATED IN BLOCK 31 OF THE J. A. IL A' ADDITION TO THE CITY OF
VvICHITA FALLS, TEICAS, AND 101S.-,RVING THE RIGHT OF THE' CITY OF WICHITA FALLS,
TEXAS, TO iVTEn THE PROPLiTY FOR THE PUhPOaE OF MAINTAINING A SANITARY SEDER AND
OTiUt UTILITIES.
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Moved by Alderman Ray that Ordinance No. 1475 be approved and passed
as read on its second reading.
Motion seconded by Alderman Spragins and carried by the following
vote:
Yeas: Alderman Spragins, Kadane, Wininger, Ray and Hunter.
Nays: None.
ORDINANCE NO. 1476
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Ali ORDINANCE AMENDIIJG SECTION TWO (2) OF ORDINANCE 110. 1296, PASSED
AND APPROVED ON THE 22ND DAY OF JANUARY) A. D., 1940, ENTITLED "Ali ORDINANCE
CR.u,A'TING AND DEFINING PARKING IMilt Z014ES IN THE CITY OF WICHI^A FALLS, TEXAS;
PROVIDING rah THE INSTALLATION, UPLHATION AND 11AINTE[LUICE OF PIECHANICAL DEVICES
TO 1tEGU'LATE PARKING IN SAID PARKING MET;lt ZOAlES; PROVIDING FOR THE COLL.�CTION
OF REGULATORY AND INSPECTION FEES FOR THE USE; OF SUCH DEVICLS; PROVIDING FOR T11.1E
DoPUSIT OF SUCH FE S BY THE CITY THEASUitiR I14 A SPLCIAL FUND; PROVIDING FOR THE
METHOD AND PURPOSES OF DISBURS11IiNT OF SAID FUND; MAKING IT UNLAWFUL TO USE THE,
STiL,,i TS OR PORTIONS OF THE STREix,TS SO DESIGNATED FOR PARKING EXCEPT THROUGH USE
OF i'ARKING Mi;ThaS; DEFINING WHAT ACT SHALL BE: UNLAWFUL, AND FIXING PENALTIES FOR
THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE, AND hiPE'ALING ALL ORDINANCE
AND PARTS OF ORDINANCES I14 CONFLICT HidiEti�"ITH," and DECLARING AN E�ry:E;RGENCY.
Moved by Alderman Hunter that Ordinance No. 1476 be approved and passed
as read on its first reading.
Motion seconded by Alderman Kadane and carried by the follow-ing
vote:
Yeas: Alderman Spragins, Kadane, Wininger, Ray and Hunter.
Nays: None.
Mioved by Alderman Spragins that the Board of Aldermen approve and
authorize the execution of an Oil and Gas Lease to H. 11. Kelleher and F. P.
Timberlake covering a tract of land out of the J. M. Taylor Survey No. 2 and
the A.T.N.C. Survey No. 112, Archer County, Texas, more fully described as
follows:
Beginning at a two inch pipe in the South boundary line of the
J. M. Taylor Survey No. 2, being also the North boundary line
of the R. Carson Survey No. 154 and 657.7 feet East of the
Southwest Corner of saidJ. 11. Taylor Survey 1�o. 2;
Thence East along the South boundary line of the J. M. Taylor
Survey No. 2 and the North boundary line of the R. Carson Survey
No. 154, 1342.3 feet to a point in the East property line of the
lands now owned by the City oi' Wichita Falls, Texas;
Thence North 34 degrees 30 minutes West along said property line
of the Gity of Wichita Falls lands, 3531.0 feet to a point in the
West boundary line of the A.T.N.C. Survey No. 112;
Thence South along the West boundary line of s�-�id A.T.N.C. Survey
No. 112, 1953.0 feet to a two inch iron pipe;
Thence South 34 degrees 30 minutes Mast along a line 300 feet
from and parallel to the center line of the Lake 1Cickapoo dam,
1161.2 feet to place of beginning being a tract of land containing
59.6 acres,
for a period of one year from October 12, 1948, and so long thereafter as oil
and gas, or that either of them, is produced from said land by the lessee, i:or
a consideration of $10.00 and the further consideration as follows:
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Lessees bind and obligate themselves to begin or cause to be begun the
drilling of a well in some part of the above described land within forty-five days
from the date of this lease and to drill the same to a sufficient depth to test
the Gunsite sand horizon.
In addition to the royalty here and else-where provided, there is reserved to
the lessor Twenty mine hundred and eighty Dollars ($2980.00) free and clear of gross
production and pipeline taxes, said reservation to be paid from one-sixteenth (1/16th)
of sevenr-eighths (7/8's) of all the oil and/or gas produced, saved or sold from the
premises. When lessor has received Twenty-nine Hundred and Eighty Dollars ($p29P,0.00)
from this reservation, said reserved interest shall terminate and revest in lessee.
In consideration of the premises the said lessee covenants and agrees:
1st. To deliver to the credit of the lessor, free of coat, in the pipe line to
j which it may connect its wells, the equal one-eighth part of all oil produced and
saved from the leased premises.
j 2nd. To pay the lessor one-eighth of the net proceeds derived from the sale of
gas at the mouth of the well for the gas from each well where gas only is found, while
the same is being used off the premises, and lessor to have gas free of cost from
any such well for all stoves and inside lights in the principal dwelling house on said
land during the time by making; its own connections with the well at its own risk and
expense.
3rd. To pay lessor for gas produced from any oil well and used or sold off the
premises at the rate of one-eighth of the net proceeds derived from the sale of gas
at the mouth of the well, for the time during which such gas shall be used or sold.
Should the lessee desire to utilize casinghead gas coming from oil wells upon the
premises herein described for the purpose of manufacturing gasoline, lessee shall
have the privilege of so doing by paying the lessor one-eighth of the proceeds derived
from the sale of said casinghead gas at the mouth of the wells. '
and further to authorize and empower Eayor Harold Jones or G. D. Fairtrace, City
Manager, to execute the said oil and gas lease for and on behalf of the City of
Wichita Falls, Texas.
Motion seconded by Alderman Wininger and carried.
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Moved by Alderman hay that the Hoard of Aldermen approve and authorize
the execution of a lease agreement by and between the City of Wichita Falls,
Lessor, and W. C. Hamilton and Wm. P. Staton, Lessees, covering the following
described tract of land:
A portion of Colorado Street lying between the North
line of Galveston Street and the South right-of-way line of
State Highway cao. 82 located in Wichita Falls, Wichita County,
Texas, as more particularly shown on the plat or description
attached hereto to which reference is hereby specifically
made.
upon the following terms and conditions:
Lessees agree that no fences or other buildings or structures shall be
erected on said land without the written consent of the City of Wichita Falls, Texas,
and Lessor retains the rift to go upon said land and erect sewer, water, and gas
mains acid light and telephone lines, or any other utilities without charge to the
"essor.
Lessees are hereby given the option to extend this lease for an additional
ten year period at an annual rental of �100.00 per year, provided such option is
exercised by Lessees' notifying Lessor in writing of such election at least thirty
days prior to the expiration date of this lease, and provided further that Lessees
at the time of such election to renew and extend, tender to Lessor $100.00 which
shall operate as a rental for the first additional one year period, and shall
thereafter pay to Lessor in advance the sum of y$100.00 per year for each additional
year cif said extended term until the sum of �1,000.00 has been paid.
Lessees shall not sublet the premises in whole or in part without the
written consent of Lessor.
Lessees agree to indemnify and hold Lessor harmless from any and all
liability that Lessor miiht incur by virtue of Lessees use of said premises.
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and further to authorize and empower Mayor Harold Jones, or G. D. Fairtrace,
City Manager, to execute the said Lease Agreement for and on behalf of the
City of Wichita Falls.
Motion seconded by Alderman Sprains and carried.
Moved by Alderman SpraLins that the Board of Aldermen authorize the
execution of a quit claim deed to 1. H. Kempner, covering Lots 2, 8, 9, and
10, Block 33, J. A. Kemp Addition, and to authorize and empower Mayor Harold Jones
to execute the said Deed for and on behalf of the Cit�7 of Wichita Falls, Texas;
the purpose of this Deed being for title perfection only.
Motion seconded by Alderman Wininger and carried.
Loved by Alderman Ray that permission be granted to Wichita Daily
Times to set the curb in front or its property, located at Seventh & Scott
Streets, back towards the building line a distance of 7 feet, to provide more
parking space; and permit the removal of three parking meters on said Scott ^�
Street; providing the said Wichita Daily Times shall pay to the City $117.70
per meter per year, for three meters, aggregating the sum of $353.10, payable
in advance.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman SpraLins that a permit be granted to C. Self
to install a 13 1/2 ft. x 5 1/2 ft. x 11 inch sign, approximately 9 feet above
the ground, between the curb and sidewalk, at 1307 Scott St., for a period of
one year; providing the same is erected on a 6 inch diameter pole, and installed
under the supervision of the city engineer.
Motion seconded by Alderman Wininger and carried.
Loved by Alderman Wininger that the Board of Aldermen autf=ize the
execution of a supplemental agreement by and between the Wichita Valley Railway
Co., Licensor, and the City of 6,Jichita Falls, Licensee, for a right of way
easement for replacing a six inch water pipe line i�-it.Z an eight inch line
crossing the Wichita Valley Hy. track; at Mile Post No. 2.01(Brook Street) for
consideration of w1.00 per year; and further to authorize Mayor Harold Jones,
or G. D. Fairtrace, City 1-ianager, to execute the said Supplemental Agreement
for and on behalf of the City of Wichita Falls.
Motion seconded by #lderman Hurit::r <uid carried.
Moved by Alderman Spragins that the Board of Aldermen approve and
authorize payment of the su,_1 of $30G.00 to C. A. Spragins Jr. & Co., being
one-half of the purchase price of one refregeration unit installed in the vaults
of the kitchen at the Wie,rita General hospital, the same having; been purchased
by the Wichita General Hosputal on or about Septomber 15, 1948; and further to
direct the City Cleric to draw a warrant for the sane upon like paynent by
Wichita County.
Motion aeconded by Alderman H�y and carried.
r-Soved by Alderman Ray that the Meeting be adjourned.
Motion seconded by Aldenaan .dininger and carried.
The Board of Alder:en then adjourned.
Et_�AL) ?%b APP tOVLD this the 25th day of October, 1948.
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ATTEST: M ycr i
City Clerk