Min 06/18/1949 i
657
Wichita Falls, Texas
Memorial Auditorium Building
June 18, 1949
The Board of Aldermen of the City of Wichita Falls, Texas, met in
called session on the above date at 1:00 o'clock P. M. in the Council Room in
the Memorial Auditorium Building, with the following members present:
Harold Jones Mayor
L. R. Abbott 0
Roy W. Parish Aldermen
J. R. flay
Berry Brown
Geo. T. Henderson City Clerk
Frank Wood City Manager
Guy H. McNeely City Attorney
Mayor Harold Jones stated the purpose of this meeting to be consider-
ation of various matters of importance to the city.
To the Honorable Mayor and
Board of Aldermen of the
City of Wichita Falls, Texas
Gentlemen:
You have asked me for my opinion, a.s to how you may proceed in removing
Mr. Chris Jensen from his position as Chief of Police without violating the terms
of any existing restraining order or temporary injunction. It is my opinion
that the following action will be sufficient for such purpose.
Respectfully submitted,
Guy H. McNeely, City Attorney
W. L. Bass, Assistant City Attorney
The above and foregoing was read to the Council by the City Clerk,
whereupon the following motion was had:
Alderman Parish: I move that the Mayor and the City Manager be
requested to remove Mr. Chris Jensen from his position as Chief of Police,
effective immediately. This motion is made subject to the following conditions:
1. That we are following the advice of the head of the ]Legal Department
of the City.
z. That if Mr. Jensen succeeds in establishing his .claim to a right to be
Chief of Police by final judgment in his suit for declaratory judgment now on
file in the 30th District Court, he shall be reinstated in such capacity in
accordance with the terms of said judgment and shall be paid his salary from
this date at the same rate he is being paid now, less any money paid him by the
city for services rendered in any other capacity in the meantime.
3. That this action shall not affect Air. Jensen's rights under the Civil
Service Act of this state or under any other law.
Motion seconded by Alderman Ray and carried by the following vote:
Yeas: Aldermen Abbott, Parish, Ray and Brown.
Nays: None.
The following opinion was read to the Council by the City Clerk:
658
To the Honorable Mayor and
Board of Aldermen of the
City of Wichita Falls, Texas
Gentlemen:
You have asked me for my opinion as to which officer of the City is
the Chief Executive, as meant by the term when used in the Civil Service Law.
Our system of government is one of checks and balances. It is
divided into three parts, namely, (1) Legislative, which
makes
ethe
laws;
ces (2)
Judicial, which interprets the laws; and (3) , which
laws.
The President is the Chief Executive of the nation, the Governor is
the Chief Executive of the state and the Sheriff is Chief Executive of the
county.
I quote the duties of the mayor as found in the City Charter:
"The mayor shall have all the powers and shall be subject to all
the duties conferred on or required of other members of the Board of Aldermen
by this Charter. He shall preside at meetings of the Board of Aldermen and
perform such other duties consistent with his office as may be imposed thereby.
He shall be recognized as the official head of the City for all ceremonial
purposes, by the courts for the purpose of serving civil processes, and by the
Governor for military purposes. In time of public danger or emergency he may,
with the consent of the Board of Aldermen, take command of the police, maintain
order and enforce laws. During the absence or disability of the mayor his
duties shall be performed by another member appointed by the Board of Aldermen."
I quote the first sentence of Section 58 of the Charter:
"The city manager shall be responsible to the Board of Aldermen for
the proper administration of all affairs of the city placed in his charge and
to that end shall appoint all officers and employees of the city except as
otherwise provided in this Charter.,'
The Chief Executive should be a full time job, in my opinion. The
Mayor is allowed by the Charter a salary of not more than $25,00 a month and
the City Manager is paid $9,000.00 a year.
In view of the above facts it is my opinion that the City Manager
is the Chief Executive of the City of Wichita Falls.
Respectfully submitted,
Guy H. McNeely, City Attorney
W. L. Bass, Assistant City Attorney
Moved by Alderman Parish that the above and foregoing opinion of ,
Guy H. McNeely, City Attorney, and W. L. Bass, Assistant City Attorney, be
adopted in full and that the Council be governed accordingly.
Motion seconded by Alderman Abbott and carried by the following vote:
Yeas: Aldermen Abbott, Parish, Ray and Brown.
Nays: None.
City Manager Frank Wood after reviewing the record of Raymond A. Nelson,
pointed out that he entered the service on June 16, 1941, has served as foot patrol—
man, scout car patrolman, detective and traffic officer, and personnel records reveal
that his conduct and services have been excellent, and recommended and appointed Raymond
A. Nelson Chief of Police, effective immediately, stipulating a starting salary of
$3900,00 per year.
Moved by Alderman erbFrankh�*oodthe
ofBoard
Raymond A.Aldermen
NelsonaasChieve fofcP lice
the appointment by City g
of the City of Wichita Falls, Texas.
Motion seconded by Alderman Ray and carried by the following vote:
Yeas: Aldermen Abbott, Parish, Ray and Brown.
Nays: None.
659
Moved by Alderman Brown that the Board of Aldermen approve the
new bus routes as submitted, a copy of which is attached hereto and made a proposed
of the records hereof, with certain provisions on the route
Prop
the North
Side and Sheppard Field buses; further that Aldermen Ray and arishdbendesignated
as a committee of two to work with Mr. Lundberg, local manager of the Wichita City
Lines, Inc. in working out satisfactory revisions.
Motion seconded by Alderman Abbott and carried.
Moved by Alderman Parish that the Board of Aldermen approve and adopt
the Plat and Dedication of Lots 1 to 13, inclusive, of Featherston Addition to the
City of Wichita Falls, Wichita County, Texas, a copy of which is attached hereto
and made a part of the records hereof.
Motion seconded by Alderman Brown and carried.
Moved by Alderman Brown that the Board of Aldermen approve and authorize
the issuance of a permit to Norris & Dillon for the purpose of erecting a neon
sign between the curb and sidewalk at their place of business located at 1107 - 7th
Street, for a period of one year; providing the same is installed in accordanc
with the requirements of the City Engineer. e
Motion seconded by Alderman Ray and carried.
Moved by Alderman Brown that the meeting be adjourned.
Motion seconded by Alderman Parish and carried.
The Board of Aldermen then adjourned.
READ AND APPROVED this the 27th day of June, A. D. 1949.
Mayor
ATT&ST:
City Cl
_.
+ ♦ s "
! �
Wi-cl-dta Falls$ Texas
Memorial Auditorium BLaldi'r,
Jurle 18., 1949
The Board of Aldermen 02 the
City Of Wicl-dta Fallg
I , rex�vsj met in
called session on the above date at 1.-00 o1clock P. 11, j
the Memorial Auaitorium j3uildin4,,j w following Inembers presenA
with the in the Council Room in
Harold Jones Mayor
L. R. Abbott I
ROY Parish Aldermen
Jo R. Ray
Berry Brown
Geo. To Henderson City Clerk
Frank. jood City 11anager
Guy H. McNeely City Attorney
Among other proceedings the f0110-.,in- i-ias I-iad:
C�
Moved by Alderman Parish that the Board of Aldermen adopt the Plat and Dedication 04' Lots to 1 approve and
Addition to the City of Wichita Fallsthe Featherston
which W 3o inclusive, of a ich is attached hereto and made a p pa ichita Countyp Texas,rt of the records hereof. Copy of
Motion seconded by Alderman Brown and carried.
STATE OF Ti XA3
COUNTY OF WICHIIT.A
Ip Geo, To Henderson, City Clerk of the City Of !WicPdta Fallosp Texas
hereby certify that the above and foreLoinr� is a true ana correct copy of
Excerpt from Minutes of the meeting; of the City Council held on June 18,, 1949,
as of record in Minute Book No. 14, of the City of 1,icj-dta Falls., Texas,
7-
Ilitness nly hand and seal of the City Of T-,'TiCh4
-Lta FaIL5) Texas., this
the 20th day of June, A. Do 1949.
C' Cle k, CitY Wichita Falls, I ex
f
ROLD JONES,MAYOR --�'— y
ANK WOOD, "* _ , t
CITY MANAGER
ORGE T.HENDERSON,
CITY CLERK
CITY� -'-'-"-- ALDERMEN
1 V -"-' L.R.ABBOTT LLOYD C.THOMAS
111 WI C H 1 TA -PA��s J R,RAY BERRY BROWN R
�ea fer o{ s
�'rEQt ra�-`�esources
WICHI'T"A FALLS, TF-XAS
June 17, 1949
Frank Wood, City Manager
Memorial Auditorium
Wichita Falls, Texas
Dear Sir:
I hereby recommend dedication he Featherston' Addition approval of the
13, fronting 2000 dition,includin plat and
layout was approved and 2100 Blocks of Giddings Street Thls
the earl part
by
the
City Planning and Zoning
Y Part of Year.
Commission
Yours very truly,
F
FXH:kb .M. Rugeley, J
City Engineer
Proposed Restrictive Covenwits
13 lots 2000-2100 Block Giddiiigs Street
Lots 1 to 13 Inclusive; of Featherston's
addition to the city of Wicbita Falls,
Wichita County, Texas.
11r. W. B. Featherston, bein�,, the sole o-tracr of said lots in WicIdta
Falls, Wiclnita County, Texas, hereby subjects tho aaid prem. ses to the folloi,Aing
RESTRICTIOM, COVEIIANTA AND AGGME-E IITM., to—wit:
(1) These covenants are to run i;_,Lt;:i the land and shall be binding on
all parties and all persons cla:liling under the,,-,, witi-I January l.. 1980,, at which
time said Cove.-(ants s1lall be automatically extended for successive periods of 10
years unless by vote of a majority of the then oizners of t1to lots it is agreed
to change said covenants in vfnole or in part. If the parties hereto, or any of
Vhe,n, or their heirs or assigns, shall- violate or atteflpt 'to violate aiV of the
covenants herein, it shall be lawful for ,rz . person or marsorLs, O',wUng real
property situated in said developrient, or subdivision to prosecute any pro—
coedixigs at law or in equity against the Person or persons, violating or att-empt—
ing to violate any such covenant and either to prevent hirn, or them from so doing
or to recover damap.,es or other dues for such violation. Invalidation or any
one of these covenants by judgnent or court order shall -in no Vdse effect any of
the other provisions Mhich shall remain in full -force alle, effect,
(2) All lots is tine tract shall be known and described as residential,,
single faUly duple--stes and apartnents, and none shall be used for business
purp"ses,
(3) Every residence, duplex,, or apartruent buildiY47 erected upon
any plot or premises mall be so located thereon that the front line of such
building -mill coincide v6th the building line of such plot or premises as shmm
oa the plot of said Addition of record in Wichita County, Texas,, and no building
or buildiq;s,, whether sane be dwellingg., duplex, apartnents, or outbuildings,
sh.all be erected nearer th;.an five feet frata tlle inside line of such building
or buildings, :nether saine be diplling., duplex., apartments or outbuildia-Z,
-hall be erected roarer than five feet frcc, tl-ie incide line of suclh building
plot or prar-Alses, or nearer than five feet from the side strect li-ne of such
brdldiiV; plot or prenises.
(4) No building, shall be erected on any plot or pre_r_,,ises except one
detached siilgle fa_,-.ily dtmllin, or onc,, duple-11: dwellii�,
or a art its and
ot:,',Uruilc_12,p7 used in co-Mecticii t ,cre :_`Lth. ter,,- ss!-kill include
only a garag ether attached or detacIledp a-lid servalito
ej
the such earage s quarters detached from
., or servant:
s quarters saaY include a laundry room or
1--undr,';r facilities to be used only for tile
clrfe-lliA and not an a Du�ujjc cove-nience of the Occupants of t,le
outbuilCinCs L C 1 no VI'
)c
,>Ot out
located upol-I sue,
2 bl,�_ij(,14 49 r-I of Or prem-ises except course, childre,,' _.)ns of
n Play x'_I0!Ts0S or Irlil din :,r, of I.;
c0nv`e-'LderIc0 and _r)lea_--I.Lre of Zmturej used for tho
tI'le Occupants of t',c
(5) No force s?,
"a-ll be Croct"ed oil any lot rearer 4-
f to front Pro-porty
-L �_
front "' �ild'ng "110 0 ' +110 maij.line than t"o
sltlall havo a mwd,�,Iur, of AV_e any, Suc,"I fence erected
feot frog-:
'-he finished Lgrade.
u
(6) Ground floor area Of Main structure
Soluare fee., hall not be less than 750
(7) No lot slall 1,c,, re.,
"cubdivided into building Plot or Prej_dses le,
than the 5'.-c- in 'Ile recorded plot.
(SA) No buildin,7, r
ally neFro or person plot or I,,)rer:dses s1iall ever be used bY or cOnve
Of African descent or
- �7,,T d to
I or any OtIer tk! M Caucasian r
I'M ever, that t12l,s restriction sha!l 'lot prevent aces PrOVided
of anY race and desce;jt occul-)WICY by dMiestic
u
servxr"s
be ePIP30yed by tjjc__ Ov�m rs or tell
Plot- Or of s.
(9) "10 or otilor Outbuildings erected On any b
Pro uild - plotor
Premise and n o basenents., trailer, telat
Whetter erected Or located thereon' , or s.'-jacks Or other buildinC or
P. except one detached single fardiL,_ rI,,Iell:b
D,r apartments _Ig dup.1
_entss or Shall at any time ex$
x a residence. p ever be used$ eiVier tenporarij�, or permane
'21"is restriction vh,-)-U not ap.,,,)I,,,, 0 ntlys
V,-at I
ecapied by dorflestic rs cuarters bonafidely
servant's Of an owner or tenant 0j, such Plot or
(10) 110 nXdO,'to or offensive trade shiall be carried 011 tkpon ajV plot
r premis e 2 1
$ n0r 311all arrrujir y. be done t,-,Oreon 1',elic
At-hc y beco-,e an annoy anceor,lood.
Outbluildin,,;-
.�s or residence
s tzl.l I. used for col-y-le
Tposes "Thatsoc.... rcial
(J-1) 1,'Q residence e"vlell'4C Or oVier bujldi _* be
�oide Of Said lots rOL'Oved from
Onto a4Y Plot or prel-nises in said addition.
Zwalidatio,, Of any o,,,10 0, t!
er shall in no 174y . Iese covej_mIlts by Judc-:�nent or court
effect any of the Other proviSo,,j_
shal' rej-,jai,,,
fUll force and L
(13) T.
assigns, the Parties hereto or nny of the,' or the$ Or their heirs or_
Or `71MY mrson WhoTasoever, sh
"l-,its herein set out all Violate or atte-,pt to violate
restrictive covur any of the
being especially made s before tTz.-mutry 1. 1980 s the covenants -herein
00'70W.nts running with the :Land it ,
any Other person or persons OwnIne any building, PI.Otf *%Il be lawful for
s or PrOM1808 In -laid -jots,
to Prosecute ","IV Proceedings at law or in equity an,Inst the pa
rson or 1 r rso,4ting or atteMting to violate -1 Such strictive covenants, 'Is
V'A
and either to
prevent him or they from so doing.. or to recovor d,,mages or Other dues f�w
such Violations. g
1 hereby dedicate the land de,cribad on
addition to the City of ,,,Chit a the attached Plot as the peath- rston
, F,421so Tea as$ and
d3
a3_ sales mado out of
a jall be ode "dth reference thereto Id ition
to wits The field notes of the land 30 Subdivided being described as follows
Al' a point 57# South of the North Property line Of Avenue X
and 38' E:'St of the Nest
Property line Of Giddings Street;
T"E""' South 869.70 to the North r !"ht-Of"a7 line Of the Wichita
Valley Railroad Conpany,
THI"'CE North 680 - 301 Fast along
=Id North right-of-44Y line .1151;
S'
THM�CE North 834*81 to a point 50j South of the North P operty line of
Avenue J produced;
THE""CE I'lest 1031;
TI'l"'J Jr" -'E Northw(3st 8f to t?1e Placl-, of be
a 12.5acre tr, ;inning and being the dest Parb of
,let Out Of S-P*RR CorrpmW Survey No. .1 P A-281 as de-�cribqd by deed f�rOm W. A. Wutcheon to W. R. Suddith as recoreded in Volm"
P' 90 1+50 of the Deed Roeards Of Wichita Count P
y., Tex,.'s.
AF)' SUBSMIBED Tp:," THE IJ�T
ITy 'D7_RSJ� 1. B
TFURSTOff
.19,
9
eo. ro
Public- WIZIta County