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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. i 565 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. - - - - - - - - - - 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. i 566 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 i 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." i 568 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. - - - - - - - - - - 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 i i i f ;. �, i