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Min 04/11/1949 617 Wichita Falls, Texas Memorial Auditorium Building April ll,, 1949 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date at B-00 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 J. R. Ray Aldermen John C. Coffey B. C. Hunter G. D. Fairtrace City Manager Kearby Peer7 City Attorney Geo. T. Henderson City Clerk Dr. W. B. Slack gave the invocation. The Minutes of the regular meeting held March 28, 1949, were read and approved as read. - - - - - - - - - - Next came on to be considered was the canvassing of the election returns of the municipal election held April 5. 1949, thereupon the following Resolution was introduced: RESOLUTIONNO. 35 WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls held at the regular meeting place in the Council Room of the Memorial Auditorium Building in said City on the llth day of April,, A. D. 1949., at which a quorum was present, came on to be considered returns of the city election held on April 5. 1949, for the purpose of electing three Aldermen, and WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and there were cast at said election 5203 votes for the election of three Aldermen, and that For Alderman Place No. 1: C. A. Spragins received 2298 votes R. Abbott tI 2900 For Alderman Place No. 2: Edward G. Kadane received 2398 votes Lloyd C. Thomas It 2799 11 For Aldeman Place No. 3: E. J. Wininger received 2269 votes Roy W. Parrish If 2934 And it appearing that L. R. Abbott received the greatest number of votes cast at said election for Alderman Place No. 1; that Lloyd C. Thomas received the greatest number of votes cast at said election for Alderman Place No. 2; and that Roy W. Parrish received the greatest number of votes cast at said election for Alderman Place No. 3; and WHEREAS., after canvassing the returns of the said referendum election with reference to Ordinance No. 1452, to-wit, commonly called the "Zoning Ordinance,," it was found to be duly and legally held in all respects and that there were cast at said election 5125 votes., as follows: For the Measure 2555 votes Against the Measure 2570 11 It thus appearing that said Ordinance No. 1452 was disapproved. NOWI, THEREFORE., BE IT RESOLVED BY THE BOARD OF ALDaM OF THE CITY OF WIChITA FAUS, TUAS: 618 That L. R. Abbott, Iloyd C. Thomas and Roy W. Parrish were duly and legally elected Aldermen of the City of Wichita Falls I Texas, at said election and that said election was in all respects legally held in accordance with the laws of the State of Texas and the Charter and Ordinance of said City. That the said Ordinance No. 1452., to-wit, commonly called the "Zoning Ordinance," was duly and legally disapproved and is of no further force and effect and the same is hereby repealed as of this date, and said election was in all respects duly and legally held in accordance with the laws of the State of Texas and the Charter and Urdinance of said City. Moved by Alderman Kadane that the above and foregoing Resolution be adopted and passed as read. Motion seconded by Alderman.Spragins and carried by the following vote: Yeas.-kldermen Spragins,, Kadanet Ray, Coffey and Hunter. Nays: None. - - - - - - - - - - The Oath of Office was administered to the Aldermen elect., whereupon they were duly seated. - - - - - - - - - - The following document was read to the Council by the City Manager: State of Texas, County of Wichita April 11., 1949 Russell Jack Ballard VS City of Wichita Falls Texas ETAL Comes now Russell Jack Ballard A resident and Citizen and tax payer and A patron of The Wichita Falls Transit Companyp hereinafter called plaintiff., Complain- ing of the City of Wichita Fallsp Texas and the Wichita Transit Company., and for cause of action would show this honorable council of this city the following, to-wit: That an ordinance was passed by the city council of the ,city of Wichita Falls, Texas, granting the Wich1ta Transit Company A raise if bus fares,, that said company is doing business in this city as A SEMI-Common carrierp that said ordiance in fact amended the franchise granted to this company by this City, that said first reading was held on the ordiance granting said raise. plaintiff states that' said first read- ing was not held at A regular meeting of this council, and that the said Wichita Transit made A verbal contract with this Council that if said first reading was held that they would produce additional figurs and data to prove the facts regarding A raise in bus rates, that the said company has to this date refused to give this Council these figures and data as promised. for the above reasons this plaintiff ask this council to declare null and void the first reading on said ordiance. Plaintiff avers that A public hearing was set, but these additional figures and data was not available at said public hearing., that the public was therefore denied the right to A fair hearing,, that they had no way to base thier opinion as to the question of bus rates,, therefore this plaintiff ask this council to take thirty days to study the figures and data' now held by them. and that they demand from said company addition al figures as needed, and that A new public hearing be set, Plaintiff states that the wichita transit company has violated thier franchise and failed to live up to thier agreements as set out in said franchise, this plaintiff will show in an amended petition., plaintiff ask this council to take the necessary action to cancel said franchise and to turn said franchise over to any purchaser that shows that ot can render A suitable bus service at A reasonable rate of bus f are Plaintiff hereby #Lves notice of appeal to the District court of Wichita County and further states that an injuction will be sought., plaintiff reserves all rights to file amendments to this petition., Premises consideredg plaintiff prays for the above relief., and cost of suit be against said defendantp and for such further relief in both law and equity and equality as he may show himself justly entitled to. Isl Russell Jack Ballard - - - - - - - - - - 619 A large delegation again came before the Council to present their views and suggestions with reference to the controversy between the Wichita Falls Transit Company and the local Bus Drivers Unions at which time both proponents and opponents were heard. After lengthy arguments were heard, it appeared that no solution could be reached at this time, thereupon the following motion was had: Moved by Alderman Hunter that the Council recess for a period of approxi- mately 15 minutes. Motion seconded by Alderman Ray and carried. - - - - - - - - - - After a short time the Council resumed its regular business, thereupon Mayor Harold Jones appointed"Alderman Thomas as a committee of one to meet with the Wichita Falls Transit Company and the representatives of the Bus Drivers Union for the purpose of seeking a solution to the pending bus strike in an effort to prevent an actual strike while negotiations are in progress. Ed-win Bebbs President of the local Civic Music Association, came before the Council seeking a reduction in Auditorium rental for the Civic Music concert to be held April 22, 1949, in the Memorial Auditorium, whereupon the following motion was had: Moved by Alderman Ray that the local Civic Music Association be granted use of the Memorial Auditorium for one concert April 22nd, for consideration of $25-00, since the Civic Music Association is a non-profit organization. Motion seconded by Alderman Coffey and carried. - - - - - - - - - - Moved by Alderman Parish that the City Manager tender his resignation effective April l2s 1949. vote: Motion seconded by Alderman .Abbott and carried by the following Yeas: Aldermen Abbott., Thomas$ Parish, Ray, Coffey and Hunter. Nays: None. - - - - - - - - - - Moved by Alderman, Ray that the City Attorney tender his resignation effective immediately. vote: -Motion seconded by Alderman Parish and carried by the following Yeas: Aldermen Abbott., Thomas., Parish, Rays Coffey and Hunter. Nays: Eone. - - - - - - - - - - Moved by Alderman Abbott that the Board of Aldermen appoint Guy H. McNeely City Attorney effective April 12, 1949. vote: Motion seconded by Alderman Parish and carried by the following Yeas: Aldermen Abbott, Thomas, Parish, Ray, Coffey and Hunter. Nays: None. - - - - - - - - - - 620 Moved by Alderman Ray that the Board of Aldernen authorize the issuance of a permit to the Humble Oil & Refining Company to install two - 2000 gallon underground gasoline storage tanks at the M. M. Stepp Service Station located at Grant & York, providing the installation is made under the direction and super- vision of the City Engineer. Motion seconded by Aldernan Abbott and carried. - - - - - - - - - - Moved by Aldeman Coffey that the Board of Aldermen authorize the issuance of a permit to the Southwestern Glass -& Paint Company to install a sign on the edge of the canopy of their building located at 905 Scott; providing the installation is made under the supervision and direction of the City Engineer, Motion seconded by Aldeman Hunter and carried. - - - - - - - - - - Moved by Alderman Abbott that the Board of Aldennen grant permission to the local Y.M.C.A. to sponsor an apple box derby for boys under 15 Years,Of age, for a period of approximately one hour, beginning 10:00 A.M. April 23rd., and to direct that 8th Streetp from Burnett to the Hamilton Buildingp be and is hereby ordered blocked off for this occasion. Motion seconded by Alderman Coffey and carried. - - - - - - - - - - Moved by Alderman Parish that the Board of Aldermen authorize the issuance of a permit to J'. W. Jackson to install an electric sign between the curb and the sidewalk at his service station located at 908 - 6th St.., for a period of one year., providing the installation is *ade under the direc- tion and supervision of the City Engineer. Motion seconded by Alderman Ray and carried. - - - - - - - - - - Moved by Alderman Hunter that the Board of Aldernen authorize the issuance of a pernit to the Humble Oil & Refining Co. to install two - 2000 gallon underground gasoline storage tanks at C. L. Sneed' s Service Station located at 9th & Lamar Streets; provided the installation is made under the direction and supervision of the City Engineer. Motion seconded by Alderman Ray and carried. - - - - - - - - - - Moved by Alderman Ray that the Board of Aldermen authorise the issuance of a permit to the Dixon Sign Sompany to erect a neon sign� approximately 4 11X91, being 101 from ground level to the bo= ft9ft-1CWLeof'iMat9R t07 Scott St- 5111 diameter pole., between the curb and the si 9T,401r a period o -one year; providing the installation is made under the direction and supervision of the City Manager. Motion seconded by Aldeman Thomas and carried, - - - - - - - - - - HEADQUARVIZ 3750TH BASIC TRkINIW, WING Office of the Comanding General Sheppard Air Force Base Wichita Falls# Texas 28 February 1949 The Honorable Harold Jones Mayor of the City of Wichita Falls Wichita Falls,9 Texas Dear Mayor Jones: It is requested that the City of Wichita Falls install two traffic 621 control signals on U. S. Highway No. .70 opposite the north gate and the south gate of Sheppard Air Force Base. These signals should be similar to that type installed in Wichita Falls consisting of red., amber and green lights, with a green arrow on one side of the signal to allow traffic from the City of Burkburnett to make left hand turns across the highway when entering Sheppard Air Force Base. During the past six months there have been repeated instances of near accidents, scratched fenders., and jamed traffic in the vicinity of the north gate and south gate of Sheppard Air Force Base, due to the fact that no control exists over traffic traveling north and south over U.S. Highway No. 70. It -is my firm belief that the installation of signals to control highway traffic and Sheppard Air Force Base traffic., especially during rush hours in the morning and evening, will serve to eliminate a hazard that exists and thereby prevent a serious accident with the possible loss of human lives, Sincerely yours, Isl John H. McCormidk JOHN H. MCCORMICK Brigadier General, U.S.A.F. Commanding - - - - - - - - - - The above and foregoing communication from General McCormick, Commander of Sheppard Air Force Base�, was read to the Council., thereupon the following motion was had: Moved by Alderman Ray that the City Manager be directed to install two traffic signals on U.S. Highway 70 opposite the North and South gates of Sheppard Air Force Base., and that the same shall be paid for out of the Parking Meter Fund Cash. Motion seconded by Alderman Parish and carried. - - - - - - - - - - City Attorney Kearby Peery tendered a verbal, resignation and stated he had enjoyed serving with the Mayor and Board of Aldermen, and the City Menager, during his tenure of office. - - - - - - - - - - Moved by Alderman Ray that the City Manager be retained in the capacity of city manager until such time as his successor could be named, and qualified, Motion seconded by Alderman Thomas and carried. The resignation of Geo. O'Steen, Fire Chief and Marshal,, was read to the Council by Mayor Harold Jones, which reads as follows: Honorable Mayor & Board of Aldermen Wichita Falls., Texas Gentlemen: Please accept my resignation as Fire Chief and Marshall and request to be returned to my place as Captain which I held at the time I was appointed Chief of the Department. I wish to express my appreciation to you,, the City Manager and employees of the Department for the cooperation I received while serving as Chief these past four and one half years. Sincerely yours,, Isl Geo. O'Steen GEO 0 IS TEEN Fire Chief & Karshal 622 Moved by Alderman Parish that the resignation of Geo. O'Steen, Fire Chief & Marshal, be accepted, effective as of June 151, 1949. Motion seconded by Alderman Abbott and carried. - - - - - - - - - - Moved by Alderman Hunter that the Board of Aldermen authorize pay- ment to Frank Kell Estate the sum of $131-39, by virtue of a contract entered into, by and between the City of Wichita Falls and W. S. Curlee for water main contract in Indian Heights Addition., dated on or about July 31., 1926, and subsequently assigned to Frank Kell Estate; and further to order and direct the City Clerk to draw a warrant for the same, payable out of the Water Fund Cash. Motion seconded by Alderman Ray and carried. - - - - - - - - - - Moved by Alderman Ray that the meeting be recessed until 6:00 O'clock P.M. Tuesday., April 12,, 1949. Motion seconded by Alderman Hunter and carried. The Board of Aldemen then recessed. The Board of Aldermen reassembled in regular session in the Council Room of the Memorial Auditorium Building at 6:00 o'clock P.M. April 12., with the following members present: Harold Jories Mayor L. R. Abbott Lloyd C. Thomas Roy W. Parish Aldermen J. R. Ray John C. Coffey G. D. Fairtrace City Manager Guy H. McNeely City Attorney Geo. T. Henderson City Clerk Alderman Thomas reported that officials of the Wichita Falls Transit Company and the Bus Drivers' Union had reached no agreement. - - - - - - - - - - ORDINANCE 140. 1488 AN ORDINANCE RAENDING SECTION 2 OF THE ORDINANCE NO. 1367 PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE CITY OF VITCHITA FALLS2 TEIXAS2 ON THE 17TH DAY OF ALGUST.. A. D. 1943., SO AS TO PROVIDE THAT NO PERSON SHALL BE ISSUED A CHAUFFaRIS LlCEIZE TO DRIVE A TAXICAB OR OTHER AUTOMOBILE FOR HIRE UNLESS SAID PERSON SHALL HAVE RESIDED IN PRECINCT ONE,, WICHITA COUNTY., TEXAS, FOR AT LEAST SIX MONTHS CONSECUTIVELY NEKT PRECF'DING THE FILING OF SAID i-tASONIS APPLICAT10N FOR A CHAUFFEUR'S LICENSE; REPEALING CONFLICTING PROVISIONS OF SAID ORDINANCE; PROVIDING A SAVING CLAUSE; AND DECLARING AN EMERGENCY. 623 Moved by Alderman Coffey that Ordinance No. 1488 be approved and passed as read on its first reading. vote: Motion seconded by Alderman Abbott and carried by the following Yeas: Aldermen Abbotts Thomas, Parish, Ray and Coffey. Nays: None. - - - - - - - - - - ORDINANCE-NO. 1489 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, BY ANNEXING CERTAIN LAND ADJACENT TO THE PRESENT TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS., TEXAS, THE SAME LYING IN A SOUTHERLY DIRECTION FROM THIJ PRESENT CITY LIMITS OF THE CITY OF WICHITA FALLS2 TEXASs ALL OF WHICH LANDS ARE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DECLARING AN EMER- GENCY. - - - - - - - - - - Moved by Alderman Ray that a Public hearing on Ordinance No. 1489 be held in the Council Room of the Memorial Auditorium Building at a regular meeting to be held at 8:00 P.M. May 91 1949, and that due notice of the same be published in the official newspaper. Motion seconded by Alderman Thomas and carried. - - - - - - - - - - Moved by Alderman Parish that the Board of Aldermen authorize the execution of a contract by and between the City of Wichita Falls and E. E. Cloer for the construction of water mains at the Wichita Manor project, whereby the said E. E. Cloer agrees to deposit the sun of $6596-70 with the City of Wichita Falls for the estimated cost of construction of said water mains; and the said City agrees to reimburse the said E. E. Cloer the sum of approximately $6596-70, being the estimated cost of the water main construc- tion, at the rate of 33 113 percent per year of the gross receipts received from water consumption from said water mains in said Wichita Manor project, until said E, E. Cloer has been refunded the entire amount of $6596.70; and also to authorize knd empower Mayor Harold Jones, or the City Manager., to execute the same for and on behalf of the City of Wichita Falls. The Board of Aldennen further agrees that the City will do the necessary trenching and the laying of pipe for sanitary sewers for the Wichita Manor projects providing the said E. E. Cloer will furnish all the necessary meterials for the sanitary sewers, Motion seconded by Alderman Ray and carried. The application of I. V. Zeck and A. C. Ford for permission to sell minnows at Lake Kickapoo at 250 per dozen, was read to the Council, whereupon by common consent of the Councils the City Manager was authorized to enter into an agreement with the said Zeck and Ford for and on behalf of the City of Wichita Falls, granting permission to them to sell minnows at Lake Kickapoo, for a price of 250 per dozens providing all regulations and requirements of the authorities in charge at Lake Kickapoo are complied withs subject., however., to cancellation at will by either the Council or the City Manager of all concessions above mentioned. - - - - - - - - - - 624 The official resignation of the City. Manager., G. D. Fairtrace,, was read to the Council by Mayor Harold Jones.. which reads as follows: Honorable Mayor & Board of Aldemen City of Wichita Falls, Texas Gentlemen: This letter will serve as my resignation from the position of City Manager of the City of Wichita Falls* Texas; this resignation to take effect at the pleasure of the Mayor and Board of k1demen. Yours very, truly, Isl G. D. Fairtrace G.D. FAIRTRACE City Manager - - - - - - - - - - Mr. Hylton,, local manager, Wichita Falls Transit Company,$ announced the Transit Company had reached an agreement -kith the local Bus Union,, whereby the buses would be kept rolling for a period of ten days,, thereby giving the City more time to determine whether or not the application for a raise in bus fares should be granted. - - - - - - - - - - Moved by Alderman Coffey that the meeting 'be adjourned. Motion seconded by Alderman Ray and carried. The Board of Aldermen then adjourned. READ AND APPROVED.this the 25th day of April., 1949. Mayor ATTEST: ri 'I' City Clerk