Min 11/22/1948 564
Wichita Falls, Texas
Memorial Auditorium Building
November 22, 1948
The Board of Aldermen of the City of Wichita Falls, Texas, met in
regular session on the above date at 7-30 o'clock P. 14. in the Council Room in
the Memorial Auditorium Building, with the following members present:
Harold Jones Mayor
C. A. Spragins 0
Edward G. Kadane 0
E. J. Wininger Aldermen
J. R. Ray
John C. Coffey 0
B. C. Hunter �(
G. D. Fairtrace City Manager
Kearby Peery City Attorney
Geo. T. Henderson City Clerk
The Minutes of the regular meeting held November 8, 1948, were
read and approved as read.
Moved by Alderman Spragins that the Board of Aldermen approve and
authorize the payment of the sum of $3,016.67 to the Wichita General Hospital
for charity patients for the month of October, and to direct the City Clerk
to draw a warrant for the same upon like payment by Wichita .County.
Motion seconded by Alderman Wininger and carried.
ORDINANCE NO. 1480
AN ORDINANCE CLOSING AND ABANDONING TO USE BY THE PUBLIC, EXCEPT FOR
UTILITY EASEMENTS, THE ALLEY LYING BETWEEN THE SOUTH SIDE OF LOTS 33 4, AND 5
AND THE NORTH SIDE OF LOTS 69 7, AND 8, IN NORTH MORNINGSIDE PARK ADDITION TO THE
CITY OF WICHITA FALLS, TEXAS, AND DECLARING Ali EMERGENCY.
Moved by Alderman, Kadane that Ordinance No. 1480 be approved and
passed as read on its first reading.
Motion seconded by Alderman Ray and carried by the following vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray, Coffey and Hunter.
Nays: None.
Moved by Alderman Wininger that the rule requiring that ordinances
be read on three separate days be and is hereby suspended, and declaring an
emergency, and that Ordinance No. 1480 be approved and passed as read on its
second reading.
Motion seconded by AldermanRay and carried by the following vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray, Coffey and Hunter.
Nays: None.
Moved by Alderman Kadane that Ordinance No. 1480 be approved and
passed as read on its third and final reading, and declaring an emergency.
Motion seconded by Alderman Coffey and carried by the following vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray, Coffey and Hunter.
Nays: None.
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Moved by Alderman Wininger that the Board of Aldermen authorize the
issuance of a permit to Hanes Used Cars to erect a neon sign between the curb
and sidewalk at kth & Scott Streets, for a period of one year, providing the
same is installed in accordance with the plans and specifications submitted
and filed in the office of the City Clerk; with further provision that the
installation shall be made under the direction of the City Engineer.
Motion seconded by Alderman Ray and carried.
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Moved by Alderman Wininger that the Board of Aldermen endorse and
approve the Wichita County Commissioners Court Order, which reads as follows:
O R D E R
"The Commissioners Court of Wichita County, Texas, on the 15th day
of November, A.D. 1948, same being at a regular session thereof
with the following members present:
Hon. Arthur Tipps, County Judge
Lee Cooper, Commissioner, Precinct No. 1
W. T. Holman, Commissioner, Precinct No. 2
M. L. Hines, Commissioner, Precinct No. 3
H. H. Haynes, Commissioner, Precinct No. 4
by unanimous vote passed the following order:
(2919-C) Motion made by Mr. Cooper and seconded by Mr. Holman that
J. W. McCormick, City-County Juvenile Officer be allowed a
salary of $75.00 per month effective November 16, 1948. It is understood
that said Juvenile Officer is to work jointly for the City and County
with the County employing an assistant juvenile officer and
maintaining an office and paying her 0150.00 per month plus telephone
bill. Said McCormick is to furnish his own automobile and pay his own
expenses when in Wichita County and is to serve all parts of Wichita
County when necessary. On trips outside of Wichita County, he is to be
paid the regular fees and expenses in addition to his $75.00 per month
salary."
Motion seconded by Alderman Coffey and carried.
Moved by AldermanCoffey that the Northwest Texas Area Council of Boy
Scouts of America be granted use of the Memorial Auditorium the evening of
December 3rd, free gratis, for the purpose of holding a council wide meeting.
Motion seconded by Alderman Kadane and carried.
Moved by Alderman Spragins that the Board of Aldermen approve and
accept the proposition of the Wichita Falls Homestead Association to convey to
the City of Wichita Falls all of its right, title and interest, free from any and
all incumbrances, in and to the present water distribution system in what is
more commonly known as The Wichita Gardens, and presently owned by the Wichita
Falls Homestead Association; providing, however, that the water rate shall be
the same as charged to all water consumers outside of the City Limits; and to
empower the Mayor or the City Manager to do all things necessary and execute such
agreements as may be required to perfect the above outlined arrangement.
Motion seconded by Alderman Wininger and carried.
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Moved by Alderman Spragins that the Board of Aldermen ratify the
appointment by Mayor Harold Jones of Clyde A. Tittle to fill the unexpired
term of F. A. Townes, deceased member of the Local Civil Service Commission
for Firemen and Police, whose term expires February 25, 1949.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman Ray that the Board of Aldermen appoint J. Max Ealy
to serve on the Board of Adjustment for Zoning of the City, to fill the unex-
pired term of P. E. Miller, whose term expires May 12, 1950.
Motion seconded by Alderman Wininger and carried.
Mayor Harold Jones read a communication from Attorney T. A. Hicks
stating that Mr. J. W. Fitzpatrick/had not received tax statements for delinquent
taxes, and further stating that in view of such statements, Mr. Fitzgerald did not
feel that he should be required to pay penalty and interest; thereupon the following
motion was had:
Moved by Alderman Wininger that the Board of Aldermen authorize and
direct the City Tax Assessor to accept the sum of $2.52 from J. W. Fiitzpatrick4s
settlement in full for city delinquent personal taxes for the year 1940, waiving
all penalties and interest.
Motion seconded by Alderman Coffey and carried.
Public Hearing was held on Ordinance No. 1478, being the proposed budget
appropriation for support of the City Government for the fiscal year beginning
October 1, 1948,, and ending September 30, 1949. There being no opposition voiced
against said Ordinance No. 1478, the following motion was had:
Moved by Alderman Spragins that the Public Hearing on Ordinance No.
1478 be closed.
Motion seconded by Alderman Hunter and carried.
ORDINANCE NO. 1478
AN ORDINANCE MAKING APPROPRIATION FOR SUPPORT OF THE CITY GOVERNMENT
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1948, AND ENDING SEPTEMBER 30, 1949•
Moved by Alderman Ray that Ordinance No. 1478 be approved and passed
as read on its second reading.
Motion seconded by Alderman Wininger and carried by the following
vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray, Coffey and Hunter.
Nays: None.
Moved by Alderman Wininger that the rule requiring that ordinances be
read on three separate days be and is hereby suspended and declaring an emergency;
and that Ordinance No. 1478 be approved and passed as read on its third and final
reading, and declaring an emergency.
Motion seconded by Alderman Coffey and carried by the following vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray, Coffey and Hunter.
Nays: None.
567
RESOLUTION NO. 28
BY THE BOARD OF ALDERM121 OF THE CITY OF WICHITA
FALLS, TEXAS, CANVASSING RETURNS AND DECLARING
RESULT OF AN ELECTION ON THE QUESTION OF THE
ISSUANCE OF $250sOOO.00 WATERWORKS SYSTEM BONDS;
ON THE, QUESTION OF THE ISSUANCE OF $250,000.00
SANITARY SEWER SYSTEM BONDS, AND ON THE QUESTION
OF THE ISSUANCE OF $500,000.00 SEWER IMPROVEMENT
AND EXTENSION REVENUE BONDS.
WHEREAS, heretofore on the llth day of October, 1948, the
Board of Aldermen of the City of Wichita Falls, Texas, adopted a resolution
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calling an election to be held in said City on the 9th day of November, 19l8,
on the following propositions:
PROPOSITION NO. 1
"Shall the Board of Aldermen of the City of Wichita
Falls, Texas, be authorized to issue the bonds of said City
in the amount of Two Hundred Fifty Thousand ($250,000.00)
Dollars, maturing serially in such installments as may be fixed
by the Board of Aldermen, the maximum maturity date being not
more than Thirty (30) years from their date, and bearing in-
terest at a rate not to exceed Four (4%) per cent per annum,
payable annually or semi-annually, and to levy a tax sufficient
to pay interest as it accrues and principal as it matures on
said issue of bonds, for the purpose of constructing, repair-
ing, improving and extending the water works of said City, as
authorized by the Constitution and laws of the State of Texas."
PROPOSITION NO. 2
"Shall the Board of Aldermen of the City of Wichita
Falls, Texas, be authorized to issue the bonds of said City
in the amount of Two Hundred Fifty Thousand ($250,000.00)
Dollars, maturing serially in such installments as may be fixed
by the Board of Aldermen, the maximum maturity date being not
more than Thirty (30) years from their date, and bearing in-
terest at a rate not to exceed Four (4%) per cent per annum,
payable annually or semi-annually, and to levy a tax sufficient
to pay interest as it accrues and principal as it matures on +
said issue of bonds, for the purpose of constructing, repair-
ing, improving and extending the sanitary sewers of said City,
as authorized by the Constitution and laws of the State of Texas."
PROPOSITION NO. 3
"Shall the Board of Aldermen of the City of Wichita
Falls, Texas, be authorized to issue the bonds of said .City
in the amount of Five Hundred Thousand (3500,000.00) Dollars,
maturing serially in such installments as may be fixed by
the Board of Aldermen, the maximum maturity being not more
than Twenty Five (25) years from their date, bearing inter-
est at a rate not to exceed Four (4%) per cent per annum,
for the purpose of constructing improvements and extensions
to the sanitary sewer system of said City, to be issued in
accordance with and secured in the manner provided in Arti-
cles 1111-1118, both inclusive, of the Revised Civil Statutes
of Texas, 1925, as amended, each bond to be conditioned that
the holder thereof shall never have the right to demand pay-
ment of said obligation out of funds raised or to be raised
by taxation, secured by a pledge of the net revenues from the
operation of said system."
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WHEREAS, there were cas, at said election the following votes:
PROPOSITION NO. 1
"FOR THE ISSUANCE OF WATLRWORKS SYSTEM BONDS" 1091 votes;
"AGAINST THE ISSUANCE OF WATERWORKS SYSTEM BONDS" 1613 votes.
PROPOSITION NO. 2
"FOR THE ISSUANCE OF SANITARY S&IM SYSTEM BONDS" 1068 votes;
"AGAINST THE ISSUANCE OF SANITARY SEWER SYSTEM BONDS" 1625 votes.
PROPOSITION NO. 3
"FOR THE ISSUANCE OF SEWED. IMPROVE14ENT AND EXTENSION
REVENUE BONDS" 1047 votes;
"AGAINST THE ISSUANCE OF SElfi f?. IMPROVEMENT AND
EXTENSION REVr,NUE BONDS" 1644 votes.
as is reflected in the election returns heretofore filed with the City Secretary;
and
WHEREAS, only qualified taxpaying voters owning taxable property
in said City and who had duly rendered their property for taxation were allowed
to vote;
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS:
That said election was duly called; that notice was given
in accordance with law and in accordance with the resolution calling the elec-
tion; that the election was held in accordance with law; that the return of
said election has been made by the proper officers; that a majority of the
qualified voters who own taxable property in said City and who have duly ren-
deri*d the same for taxation voting at said election have voted against the
issuance of the bonds.
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Moved by Alderman Wininger that the above and foregoing Resolution
be adopted and passed as read.
Motion seconded by Alderman Coffey and carried by the following
vote:
Yeas: Aldermen Spragins, Kadane, Wininger, Ray, Coffey and Hunter.
Nays: None.
In accordance with the previous request of the Council, the City
Attorney submitted in writing an opinion to the effect that the Council should
submit for a vote of the people the initiative petition for repeal of the
Zoning Ordinance at the next regular election to be held in April, 1949.
In this connection, the entire Council wished to go on record as favoring
calling the election at the next regular municipal election, or at any time
sooner, should a special election be called.
Moved by Alderman Ray that the meeting be adjourned.
Motion seconded by Alderman Wininger and carried.
The Board of Aldermen then adjourned.
READ AND-APPROVED this the 13th day of December, 1948.
Mayor
ATTEST-
City Clerk
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