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Min 02/14/1949 587 Wichita Falls Texas Memorial Auditorium Building February 14,, 1949 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.M. in the Council Room of the Memorial Auditorium Building., with the following members present: Harold Jones Mayor C. A. Spragins Edward G. Kadane E. J. Wininger Aldermen J. R. Ray John C. Coffey B. C. Hunter G. D. Fairtrace City Manager Kearby Peery City Attorney Geo. T. Henderson City Clerk The Minutes of the reg4ar meeting held January 24, 1949, were read and approved as read. - - - - - - - - - - Mr. York, Owner of the Checker Cab Company, appeared before the Council and stated that Hamp's Taxi was operating taxicabs which do not belong to them, even if such cars were registered in the name of Hamp's Taxi. The matter was discussed by the Council, whereupon the City Manager was directed to ask the Chief of Police to check into the matter. - - - - - - - - - - ORDINANCE NO. 1481 AN ORDINANCE AMENDING TITLE 12., CHAPTER 3 (SA11ITARY CODE) OF THE CODIFICATION OR ORDINANCES OF THE CITY OF WICHITA FALLS., TEXAS,, PASSED AND APPROVED BY.THE BOAhD OF ALD&U491 OF THE CITY OF WICHITA FALLS., TEXAS.. ON THE 6TH DAY OF JANUARY., A. D. 1941, BY ADDING TO THE END OF SECTION 12-304 OF SAID CUDIFICATION THE FOLLOWING PROVISIONS: "COFFEE CREAM" OR "CEREAL MILK" SHALL NOT BE USED ON ANY LABhL ON ANY MILK BOTTLE OR OTHER MILK CONTAINER OR PACKAGE UNLESS THE BUTTER FAT CONTENT IN SUCH CONTAINER IS AT LEAST 11%. NO FRACTIONAL NORDS IliDICATING OR TENDING TO INDICATE THE RATIO OF MILK TO CREAM SHALL BE USED ON SUCH LABLI; PhOVIDING A SAVING CLAUSE; REPEALING CONFLICTING PROVISIONS; AND DECLARING AN EMERG114CY. Moved by Alderman Wininger that Ordinance No. 1481 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. - - - - - - - - - - 588 ORDINANCE NO. 1482 AN ORDINANCE CLOSING AND ABANDONING THE WEST TEN (10) FEET OF AVENUE Y, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINAIICE J AS THE SAI& NOW EXISTS IN THE KEMPFAIR PARK ADDITION TO THE CITY OF WICHITA FALLS., TEXAS., AND CLOSING 4ND ABANDONING THE WEST TEN (10) FEP,'T OF AVENUE Z, AS MORE PARTICULARLY DESCRIBED IN THE, BODY OF THIS ORDINANCE, AS THE SAME NOW EXISTS IN THE KEMPFAIR PARK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS., AND DECLARING AN E11EhGkNCY. - - - - - - - - - - Moved by Aiderman hay that Ordinance No. 1482 be approved and passed as read on its third and final reading,, and declaring an emergency. Motion seconded by Alderman Wininger and carried by the following vote: Yeas: Aldennen Spragins, Kadane,, Wininger.. Ray,, Coffey and Hunter. Nays:- None. - - - - - - - - - - Moved by Alderman hay that the Board of Aldermen authorize the issuance of a permit to Sheppard Air Force Base for the purpose of erecting an electrical sign between the curb and sidewalk at 508 - 8th St., providing the same is erected under the direction of the City Engineer and in accordance with the sketch submitted and filed in the office of the City Clerk. Motion seconded by Alderman Wininger and carried. - - - - - - - - - - Moved by Alderman Wininger that the Board of Aldermen authorize the cancellation of a Lease executed by the City to Reed & Brumley on December 20, 1948, covering a portion of Lots 1 to 7., inclusive, Block 33, Original, for a period of one year beginning January lst, for a consideration of $600.00 per year, payable $300-00 January Ist, 1949 and to refund the sum of $200.00 for the months of March, April., May and June, being the unexpired term of the Lease Contract actually paid for in advance. Motion seconded by Alderman Hunter and carried. Moved by Alderman Ray that the Board of Aldermen approve and grant free use of the Memorial Auditorium to the local March of Dimes Fund Raising Campaign Thursday night,, January 27, 1949, and Monday night, January 31,' 1949, and to direct the City Clerk to r4turn their checks being held as payment for the rental charge. Motion seconded by Alderman Coffey and carried. - - - - - - - - - - Moved by �Alderman Wininger that the Board of Aldermen authorize the issuance of a permit toGulf Oil Products to install two - 2000 gallon underground gasoline storage tanks at their service station located at 8th 'J & Brook; providing the same are installed under the direction of the City Engineer. Motion seconded by Alderman Kadane and carried. - - - - - - - - - - 589 Moved by Alderman Coffey that the Board of Aldermen authorize the issuance of a peruit to W. W. Heffington to install a sign between the curb and sidewalk at 1721 - 10th St., for a period of one year., providing the same is installed under the direction of the City,Engineer. Motion seconded by Alderman Hunter and carried. - - - - - - - - - - Moved by Alderman Wininger that the Board of Aldermen authorize payment to Lt. M. L. Parham the sum of $208.92 for alleged claim for damages to Mrs Parham on or about December 22,, 1948, and to direct the City Clerk to draw a warrant for the same upon the proper release from all ,claims and damages by the said X. L. Parham, Motion seconded by Alderman Kadane and carried. - - - - - - - - - - Moved by Alderman Coffey that the Council hold a Public hearing at the regular meeting to be held March 14., 1949, on a proposed Ordinance, the caption of which reads as follows: AN ORDINANCE AMENDING ORDINANCE 110. 1452,, PASSED AND APPROVED 13Y THE BOARD OF ALDvIOU14 OF THE CITY OF WICHITA FALLS., TEXAS., 014 THE 5TH DAY UF FEBRUARY., A. D. 1948., (REZULATING AND RESTRICTING THE USE OF LAND AND LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES)., SO AS TO CREATE A LOCAL BUSINESS DISTRICT ON BOTH SIDES OF THE 400 BLOCK ON CLIFT STREET BY CHANGING ALL OF LOTS 22,, 23, 242 250 262 272 28, and 29 AND LOTS 45s 46, 472 48o 49, 50, 51�, AND 52 OF THE CLIFT SUBDIVISION OF BLOCK 1 OF BELLEVUE ADDITION.. ALL IN THE CITY OF WIGHIi'A FALLS, TEXAS,, FROM "DISTRICT B" OR "TWO- FA1,1ILY DISTRICT" TV "DISTRICT D" OR "LOCAL BUSINESS DISTRICT" BEING ALL THE LOTS FRONTING ON THE 400 BLOCK ON CLIFT STREET., AND EXT�14DIUG FOR 11+0 FEET ON EACH SIDE OF SAID STREET; DIRECTING THE CITY SECRETARY TO AMEND AND CHANGE THE OFFICIAL MAP TO REFLECT SUCH CHANGES AND REDISTRICTING; PROVIDING A SAVING CLAUSE; RaEALING CONFLICTING PROVISIONS OF ORDINANCE NO. 1452; ORDERING NECESSARY PUBLICATION; AND DECLARI14G AN EMERGENCY. Motion seconded by Alderman Spragins and carried. Moved by Alderman Wininger that the Board of Aldermen kpprove and ratify the appointment by Mayor Harold Jones of Curtis Cook to fill the unexpired term of Morgan Gillum on the Wichita Falls Planning & Zoning Co.wission whose term expires November 8, 1951; and likewise to ratify the appointment of Mr3 Joe C. Hersey to succeed W. L. Black on the Planning & Zoning Commission and whose terra shall expire November 8. 1954; also Claude Ritchie to succeed W. B. Hamilton on the Planning & ZoninL Conrission and whose terra shall expire November 8, 1954, Motion seconded by Alderman Coffey and carried. - - - - - - - - - - Moved by Alderman Spragins that the Board of Aldermen appoint h. F. Hines, Herbert1l. Story and Dr. W. L. Powers to serve on the Wichita Falls General Hospital Board for the remainder of the calendar year 1949. Motion seconded by Alderman Coffey and carried. 590 ORDINANCE NO. 1483 AN ORDINANCE PROVIDING FOR A CUSTODIAN FOR THE Y1�14ORIAL AUDITORIUM GROUNDS AND BUILDING BELONGING TO THE CITY OF 14ICHITA FALLS,, TEXAS.. FIXING A SCHEDULE OF iiENTS TO BE CHARGED FOR THE USE OF SUCH AUDITORIUM, AND GROUNDS,, AND AUTHORIZING SUCH CUSTODIAN TO H a--n THE AUDITORIUM AND/OR GROUNDS AND COLLECT SUCH, CHARGES AS MAY BE PROVIDED BY THIS ORDINANCE, H&tEBY REPEALING ALL OTHER ORDINAUCES IN CONFLICT HEh0,,T1T1H AND DECLARING AN EKia�Gili CY. - - - - - - - - - - Moved by Alderman Kadane that Ordinance No. 14E!3 be approved and passed as read on its first reading. Motion seconded by Alderman Hunter 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. 1483 be appmved and passed as read on its second reading. Motion seconded by Alderman Coffey and carried by the following vote: Yeas: Aldermen Spragins, Kadane, Wininger, Ray, Coffey and Hunter. Nays: None. - - - - - - - - - - Moved by Alderman Wininger that Ordinance No. 1483 be approved and passed as read on its third and final reading, and declaring an emergency,Motion seconded by Alderman Ray and carried by the following vote: Yeas: Aldermen Spragins, Kadane,, Wininger, Ray, Coffey and Hunter. Nays: None. - - - - - - - - - - Attorney Milburn Nutt., representing the Wichita Transit Company, came before the Council requesting an increase in bus fares in line with the previous written request. Mr. A. F. Steele, representing the local Buv Drivers Union was also present to present the views of the bus drivers in an effort to prevent a strike on February 15th. While no official hearing was in order, an unofficial hearing was granted to both proponents and opponents. Mayor Jones stated that the Council could in no way be involved in the bus strike controversy, but would be glad to hear both sides of the issue�, After several hours of discussion between the Wichita Transit Co. and the Bus Drivers Union officials, Attomey Nut declared a reconciliation was impossible at this time, thereupon the following motion was had: Moved by Alderman Ray that the City Attorney be directed to prepare and Ordinance cancelling the franchise of the Wichita Transit Co. and submit the same to the Council for further consideration. Motion seconded by Alderman Coffey and carried. - - - - - - - - - - 591 Moved by Aldenaan Coffey that Mayor Jones be authorized and instructed to appoint a committee to begin negotiations with some other concern to operate the Bus System within the City of Wichita Falls. Motion seconded by Alderman Ray and carried. Mayor Harold Jones appointed Aldermen Kadane, Spragins and Hunter as a committee of three to serve in the above mentioned capacity. - - - - - - - - - - At approximately 12-30 A.M, Aldemen Wininger., Ray and Hunter were excused. - - - - - - - - - - RESOLUTION NO. 30 WHEREAS., on or about the first day of December, A. D. ,944., the City of Wichita Falls acquired from the Luke Wilson estate certain surface rights on lands adjacent to Lake Kickapoo in Archer County, Texas., as is more particularly shown by the Deed Records of Archer County, Texas, in Vol. 199, Page 629, and, WHEREAS., since that time on or about the 15th day of March, A. D. 1948$ the City of Wichita Falls, Texas, deeded approximately 47.85 acres of land to John F. O'Donohoe as more particularly disclosed by the Deed Records of Archer County, Texas, Vol. 210, Page 287, and, WHEREAS,, some question has arisen as to whether or not a restric- tive covenant of a deed from the Wilson estate to the City of Wichita Falls., would prevent the exploration and development of oil on the above designated 47.85 acres. NOW2 THERMHE,, BE IT 1dZ0LVLD BY THE BOAhD OF ALDERMiN OF THE CITY OF WICHITA FALIS., TEXAS: That the mayor be authorized and empowered to release said restric- tive covenants insofar as the same pertains to said 47.85 acres of land deeded by the City of Wichita Falls to John F. O'Donohoe,, and to execute any proper instrument to effect such release. Moved by Alderman Coffey that the above resolution be passed. Motion seconded by Alderman Spragins. Yeas: Aldermen Spragins, Kadane and Coffey. Mays: None. - - - - - - - - - - Due to the fact that it appeared no agreement could be reached between the Wichita Transit Co. and the Bus Drivers Union, and due to the further fact that the hour being approximately 2 A.M., the following motion was had: Moved by Alderman Spragins that the meeting be recessed until 7-30 o'clock B.M. February 15, 1949. Motion seconded by Alderman Coffey and carried. - - - - - - - - - - 592 The Board of Aldermen reassembled in regular session in the Council Room in the Memorial Auditorium Building at 7-30 o'clock P.M. February 15., 1949, from the recessed meeting of February 14, 1949, with the following members present: Harold Jones Mayor C. A. Spragins Edward §. Kadane E. J. Wininger Aldermen J. R. Ray John C. Coffey B. C. Hunter G. D. Fairtrace City Manager Kearby Peery City Attorney Geo. T. Henderson City Clerk Attorney Milburn Nutt, representative of the Wichita Transit Co. advised the Council that Mr. Reece who seemed to be the only person with authority to act for the Wichita Transit Go. could not be present until Thursday, and further conversation seemed fruitless, Mr. Steele, representative of the Bus Drivers Union, advised he would be available at any moment's notice, Since it appeared that nothing could be accomplished before Thursday, a motion was in order to adjourn. Moved by Alderman Wininger that the meeting be adjourned. Motion seconded by Alderman Coffey, and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 28th day of February, A. D. 1949. Mayor ATTEST: City Clerk