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Min 09/12/1949 681 Wichita Falls'. Texas Memorial Auditorium Building September 12, 1949 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date at 6-330 o'clock P. M. in the Council Room in the Memorial Auditorium Building, with the following members present: Harold Jones Mayor L. R. Abbott Lloyd C. Thomas Roy W. Parish Aldermen J. R. Ray Berry Brown B. C. Hunter Geo. T. Henderson City Clerk Frank Wood City Manager Guy H. McNeely City Attorney The Minutes of the regular meeting held July 25, 1949, were read and approved as read; likewise, the Minutes of the called meetings held August 5 and August 19., 1949,, respectively, were read and approved as read. Moved by Alderman Brown that the Board of Aldermen approve the appoint- ment by City Manager Frank Wood of Larry Crow., Jr. as Budget Director and Personnel officer of the City of Wichita Falls. Motion seconded by Alderman Ray and carried* - - - - - - - - - - The proposed contract with Fred Cone was presented to the Council, wherein the City was asked to execute said contract with Fred Cone for the purpose of reim- bursing him for the laying of sanitary sewer lines in East Momingside Addition. After discussion by the Council, the following motion was had: Moved by Alderman Hunter that the above and foregoing proposed contract be referred to the City Attorney for investigation and report back to the Council, Motion seconded by Alderman Ray and carried. Moved by Alderman Abbott that the Board of Aldermen authorize the issuance of a permit to the Texas Company for the purpose of installing one-2000 gal. under- ground gasoline storage tank at the Firestone Store located at 8th & Travis, pro- viding the same is installed in accordance with the requirements of the City Engineer. Motion seconded by Alderman Brown and carried. - - - - - - - - - - Moved by Alderman Ray that the Board of Aldermen authorize the issuance of a permit to the Texas Company for the purpose of installing one-2000 gallon and two-3000 gallon underground storage tanks at the southwest comer of Brook & Ardath Streets., providing the same are installed in accordance with the require- ments of the City Engineer, Motion seconded by Alderman Hunter and carried. - - - - - - - - - - Moved by Alderman Brown that permission be granted to the Women's Forum to hold a down-town sidewalk art show on Saturday., September 24th. Motion seconded by Alderman Abbott and carried. ,e 4% 682 Moved by Alderman Ray that the Board of Aldermen grant use of the Memorial Auditorium, free gratis., to the Wichita Falls Symphony Society for orchestra rehearsals and concerts on the following dates: November 6th and 7th; December 18th and 19th, 1949; February 28th, March lst; and May 15th and 16th, 1950; for reason that the Wichita Falls Symphony Society is a non- profit organization and a community project. Motion seconded by Alderman Brown and carried. - - - - - - - - - - Moved by Alderman Hunter that the Board of Aldermen approve the forms as submitted by City Attomey Guy H. McNeely for Lease Agreements covering cabin sites at Lake Kickapoo, a copy of which is attached hereto and made a part of the records hereof; and further to authorize City Manager F,rank Wood to execu- tate the said Lease Agreements for and on behalf of the City of Wichita Falls, Motion seconded by Alderman Brown and carried. - - - - - - - - - - Moved by Alderman Brown that the Board of Aldermen approve payment of the sum of $3339.82 to Wichita General Hospital for July charity patients, and direct the City Clerk to draw a warrant for the same upon like payment by Wichita County. Motion seconded by Alderman Hunter and carried. - - - - - - - - - - Moved by Aldeniian Ray that the Board of Aldermen authorize and direct the City Clerk to transfer the sum of $153,348,00 from the Treasurerts Water Fund cash to the General Fund Cash $75,597.002 Street Fund Cash $71,945.00, Library Fund Cash $5.8o6.00. Motion seconded by Alderman Abbott and carried. - - - - - - - - - - Moved by Alderman Thomas that the Board of Aldermen approve and direct the City Clerk to transfer the sum of $10,000.00 from the Treasurer's Water Fund cash to the City of Wichita Falls Water Improvement No. 5 fund cash, Motion seconded by Alderman Hunter and carried. - - - - - - - - - - Moved by Alderman Thomas that the Board of Aldermen authorize the issuance of a permit to the Westem Union to install two air conditioners on the front of their place of business located on Lamars between 7th and 8th, for a period of time not to exceed October ls 1950s providing the same are installed in accordance with the requirements of the City Engineer. Motion seconded by Alderman Ray and carried. - - - - - - - - - - RESOLUTION NO. 38 WHEREAS, the City of Wichita Falls, and Wichita County own and operate jointly the Wichita General Hospitals and WHEREAS., a proposed addition to such hospital is to be started in the near future., and WHEREAS., such addition is to be erected on land owned jointly by the said City of Wichita F�llss and wichita Countys and WHEREAS., Federal aid in the construction of said addition to said hospital has been assured.* THF,REFORE, be it resolved by the City Commissioners of the City of Wichita Falls s in regular meetings this 12th day of Septembers 1949s that the County Judge of Wichita County., Texas., be authorized to sign all papers in connection with Federal aid on the proposed hospital project. Moved by Alderman Brown that the above and foregoing Resolution be adopted and passed as read. Motion seconded by Alderman Ray and carried. - - - - - - - - - - 683 ORDINANCE' NO. 1498 AN ORDINANCE, ABANDONING AND CLOSING HOLLIDkY AVENUE BETWEEN HOLLIDAY CREEK AND EDWARDS AVENUE; AND RETAINING AN EASEMENT. Moved by Alderman Ray that Ordinance No. 1498 be approved and passed as read on its first reading, Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Abbott2 Thomas, Parish., Ray,, Brown and Hunter, Nays: None, ORDINANCE NO. 1498 Moved by Alderman Brown that the rule requiring that ordinances be read on three separate days be and is hereby suspended and declaring an emergency, Motion seconded by Alderman Ray and carried by the following vote: Yeas: Aldermen Abbott� Thomas, Parish, Ray, Brown and Hunter, Nays: None. ORDINANCE NO. 1498 Moved by Alderman Ray that Ordinance No. 1498 be approved and passed as read on its seamnd reading. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Abbott., Thomas.0 Parish,, Ray,, Brown and Hunter. Nays: None - - - - - - - - - - ORDINANCE NO. 1498 Moved by Alderman'Hunter that Ordinance No. 1498 be approved and passed as read on' its third and final reading,, and declaring an emergency. Motion seconded by Alderman Abbott and carried by the following vote: Yeas: Aldermen Abbott, Thomas, Parish, Ray., Brown and Hunter. Nays: None. - - - - - - - - - - ORDINANCE NO. 1499 AN ORDINANCE ABANDONING AND CLOSING TERRAL STREET FROM THE ALLEY BETWEEN MISSISSIPPI STREET AND VIRGINIA AVENUE; AND RETAINING AN EASEMENT. Moved by Alderman Abbott that Ordinance No. 1499 be approved and passed as read on its first reading. Motion seconded by Alderman Ray and carried by the following vote: Yeas: Aldermen Abbott, Thomas, Parish, Ray, Brown and Hunter. Nays: None. - - - - - - - - - - ORDINANCE NO. 1499 Moved by Alderman Ray that the rule requiring that ordinances be read on three separate days be and is hereby suspended, and declaring an emergency, Motion seconded by Alderman Abbott and carried by the following vote: Yeas: Aldermen Abbott2 Thomas, Parish, Rayj, Brown and Hunter. Nays: None. 684 ORDINANCE NO. 1499 Moved by Aldermen Hunter that Ordinance No. 1499 be approved and passed as read on its second reading. Motion seconded by Alderman Abbott and carried by the following vote: Yeas: Aldermen Abbott,, Thomas., Parish., Ray,, Browh and Hunter. Nays: None. - - - - - - - - - - ORDINANCE NO. 1499 Moved by Alderman Abbott that Ordinance No. 1499 be approved and passed as read on its third and final reading., and declaring an emergency. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Abbott., Thomas., Parish,, Ray, Brown and Hunter. Nays: None. - - - - - - - - - - ORDINANCE NO. 1500 AN ORDINANCE CLOSING AND ABANDONING CERTAIN PORTIONS OF STREETS AND ALLEYS IN THE CITY OF WICHITA FALLS.. AND IN THE AREA OF THE TEXAS ELECTRIC SERVICE COMPANY POWER PLANT., AND BEING A PORTION OF IAVENTY-FIRST STREET AND BURNETT STREETj, AND BEING DESCRIBED AS FOLLOWS: PART OF 21ST STREET TO BE CLOSED: BEGINNING at the SE corner of BLOCK NO. 2., SIBLEY TAYLOR ADDITION TO THE CITY OF WICHITA FALLS; THENCE WEST ALONG THE SOUTH LINE OF SAID BLOCK NO. 29 125.0 FEET TO THE SW CORNER OF LOT NO. 18; THENCE SOUTH ACROSS 218T STREET 50.0 FEET TO THE NW CORNER OF LOT NO. 22 BLOCK NO. 10, SIBLEY TAYLOR ADDITION; THENCE EAST ALONG THE NORTH LINE OF SAID BLOCK NO. 10., 93.5 FEET TO ITS NE CORNER; THENCE N. 32 deg. 131 E 59.1 FEET TO THE PIACE OF BEGINNING. PART OF BURNETT STREET TO BE CLOSED: BEGINNING AT THE SE CORNER OF BLOCK No. 2., SIBLEY TAYLOR ADDITION TO THE CITY OF WICHITA FALLS; THENCE S 32 DEG.131 W 59.1 FEET TO THE NE CORNER OF BLOCK NO. 103 -SIBLEY TAYLOR ADDITION; THENCE S 35 deg.131 W ALONG THE SE LINE OF SAID BLOCK NO. 102 162.1 FEET TO THE SOUTH CORNER OF LOT NO. 2s BLOCK NO. 10; THENCE SOUTH ACROSS BURNETT STREET 111*5 FEET TO A POINT IN THE NW LINE OF A TRACT HERETOFORE DEEDED TO THE TEXAS ELECTRIC SERVICE COMPANY BY THE CITY OF WICHITA FALLS; THENCE N 35 deg.131 E ALONG SAID LINE 294.7 FEET TO AN ANGLE IN SAME; THENCE NORTH ALONG THE WEST LINE OF THE SAID TEXAS ELECTRIC SERVICE COMPANY TRACT 53.2 FEET TO A POINT WHICH IS DUE EAST OF THE SE CORNER OF BLOCK NO. 2 SIBLEY TAYLOR ADDITION; THENCE WEST ACROSS BURNETT STREET 45.5 FEET TO THE PLACE OF BEGINNING. - - - - - - - - - - Moved by Alderman Ray that Ordinance No. 1500 be approved and passed as read on its first reading. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Abbott., Thomas., Parish,, Ray, Brown and Hunter. Nays: None. ORDINANCE NO. 1500 Moved by Alderman Brown that the rule requiring the reading of ordi- nances on three separate days be and is hereby suspended., and declaring an emergency* Motion seconded by Alderman Thomas and carried by the folloving vote: Yeas: Aldermen Abbott,, Thomas, Parish, Ray,, Brown and Hunter. Nays: None. - - - - - - - - - - 685 ORDINANCE NO. 1500 Moved by Alderman Hunter that Ordinance No. 1500 be approved and passed as read on its secmnd reading. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Abbott� Thomas, Parish, Ray, Brown and Hunter. Nays: None. - - - - - - - - - - ORDINANCE NO. 1500 Moved by Alderman Thomas that Ordinance No, 1500 be approved and passed as read on its third and final reading, and declaring an emergency. Motion seconded by Alderman Parish and carried by the following vote- Yeas: Aldermen Abbott, Thomas,, Parish, Ray,, Brown and Hunter* Nays: None. - - - - - - - - - - ORDINANCE NO. 1501 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO GIVE PERMISSION TO ERECT SIGNS OR AIR CONDITIONERS IN THE CITY OF WICHITA FAILS,, TEXAS: Moved by Alderman Abbott that Ordinance No. 1501 be approved and passed as read on its first reading, Motion seconded by Alderman Ray and carried by the following vote: Yeas: Aldermen Abbotto Thomas, Parish, Ray, Brown and Hunter. Nays: None. - MIMCZ Moved by Alderman Brown that the rule requiring the reading of ordinances on three separate days be and is hereby suspended, and declaring an emergency, Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Abbotts Thomasp Parish, Ray, Brown and Hunter, Nays: None. - - - - - - - - - - ORDIN210E NO. 1501 Moved by Alderman Hunter that Ordinance No. 1501 be approved and passed as read on its second reading. Motion seconded by Alderman ThomaB and carried by the following vote: Yeas: Aldermen Abbott, Thomas, Parish, Ray, Brown and Hunter. Nays: None. ORDINANCE NO.1501 Moved by Alderman Brown that Ordinance No. 1501 be approved and passed as read on its third and final reading., and declaring an emergency. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldemen Abbott,, Thomas, Parish,, Ray,, Brown and Hunter, Nays: None. 686 The proposed Ordinance requiring local taxicab operators to install meters in all taxicabs was discussed by the Council., whereupon the following motion was had: Moved by Alderman Parish that the proposed taxicab meter ordinance be deferred for the time being. Motion seconded by Alderman Hunter and carried. The proposed Ordinance closing and abandoning an alley extending from the South line of 9th Street to the North line of 10th Street and separating Lots 9 & 10 of Davidson's Subd. of Lots 4. 5 & 6, and the West 501 of Lot 1 and the West 501 of Lots "All Anderson &' Bean's Subd; and Lots 1 & 2,, Davidson's Subd. of Lots 4., 5 & 6 from Lot 'IF" of Anderson and Bean's Subd.., all in Block 248,. Orig. Townsite of the City of Wichita Falls, Texas,, was discussed by the Council, but no action taken. - - - - - - - - - - The City Clerk reported that Hampts Taxi Co. PL & PD insurance had been cancelled as of August 15th. - - - - - - - - - - Moved by Alderman Brown that the request of Hankins Seat Cover Shop for the removal of certain parking meters2 located at its place of business at 802 llth St., be referred to Aldermen L. R. Abbott and City Manager Frank Wood. Motion seconded by Alderman Parish and carried, Moved by Alderman Brown that the meeting be adjourned. Motion seconded by Alderman Abbott and carried. The Board of Aldermen then adjourned, READ AND APPROVED this the 26th day of September,, 1949. Zayor Pro tem ATTEST: --cl-ty C�erk Tjr�AATE OF TEXtS C,R;TY OF -,rICHITA This agreement made and entered into on the day of A.D. 1949, by and between the City of 1,,ichita Falls, a municipal corporation, acting through its city manager� -, hereinafter called lessor, and hereinafter called lesseep witnesseth: For and in consideration of the sum of dollars per year, payable on or before the day of _ each year during the life of this ccntract, lessor leases to "Lessre, fcr a period of years the follmv:Lng described� real property, to-wit: upon the terms and conditions �,_,r(-_�.nafter set out: 1. Lessee is granted an option to extend the time of this lease _ years under the same terms and conditions as herein set out. If lessee elects to exercise this option he --hall notify lessor in writing of such election before the expiration date hereof. 2. Lessee agrees tn abide by the rules and regulations concerning the premises leased and Lake Kickapoo as shall be required by lessor. Such rules and regulations shall be made known to lessee by publication of same one time in a daily newspaper published in the City of ','ichita Falls. 3. Lessee agrees to construct a building on the premises in accordance with plans and specifications approved by lessor at a location on said premises approved by lessor; such plans and specifications to be furnished by lessee at his own expense and such building to be completed within one year from the date of this contract. Ao building fence, landing dock, or other structure of any kind shall oe placed on the premises without the approval of lessor. 4. Lessee agrees that he will not use the leased premises nor any part thereof for commercial purposes but only for residential purposes. 5. Lessee agrees that he will keep the premises clean and will provide such facilities for the disposal of trashp garoagep and waste matter as lessor shall require, it being recognized by both lessor and lessee that the primary purpose -er for human of Lake Kickapoo is to supply the City of 'ichita Falls with wat consumption. 6. Lessee shall provide sewage disposal facilities in accordance with the 3tate Health Department and the City of "ichita Falls tandards as outlined below: (a) Pit toilets at least 50 feet from the high water line if no water system is used. (b) Septic tank of at least 300 gallon capacity with tile drain field of 100 feet or more if pressure water system is used. 4 7. Lessee agrees to obey the following rules and regulations: (a) No farm stock shall be kept on said campsite or grounds of Lake Kickapoo, except as may be sanctioned in writing by the health officer of said City of 'ichita Falls. (b) 6aid campsite shall be kept clean and free of all papers, cans, garuage, and other offensive objects. All garbage shall be placed in con- tainers with tight fitting lids provided for this purpose. It will be permissible to bum all combustible garbage but all non-cimbustible garbage shall be hauled to an approved burial place alad burried. (c) No dock or boat houses shall be constructed on sald campsites unless authorized by the lessor. (d) No fences shall be built except around the property set out in this lease. (e) No bathing, wading, or swimming will be allowed in Lake Kickapoo. (f) Fishing and hunting rights shall be subject to state laws and regulations and control of the lessor. (g) Lessee shall be responsible for and accountable to the lessor for the conduct and acts of all members of his family and guests while on the Lake Kickapoo grounds. (h) Said campsite shall not at any time be used in any manner or for any purpose in conflict with or contrary to the penal statutes of the State of Texas or ordinances of the City of '.ichita Falls. 8. Lessee is a resident citizen of the City of - ichita Falls, Texas, and agrees to maintain a residence in said City of ',-ichita Falls, Texas, and further agrees that he will not assign this lease nor sublet the whole or any part of the leased premises to any person, firm, or corporation without the consent of lessor in writing. 9. It is agreed by and between the parties hereto that if lessee becomes an unsatisfactory tenant for any rpason., except as set out in paragraph 8 hereof, lessor shall have the right at any time to cancel this lease and shall proceed to dispose of lessee's interest therein in the following -,Mnne.*,,: Lessee shall have 60 days frcm the date of the cancellation of this lease agreement by lessor in which to dispose of his property to some person or persons satisfactory to lessor or lessee may, during the same 60 days if he prefers,, move any improve.-ments he has placed on the premises, but if lessee chooses to mo-re his improvements he shall not damage to any extent any property belonging to lessor or to any other person in so doing. If at the expiration ofsach 60 dai period lessee has not disposed of his interests in the leased premises and has not removed his improvements therefrom, lessor shall have the right to enter upon the premises and sell to the highest bidder at either a public or private sale all of less�els interests in this lease and the improvements placed on the premises. The receipts from said sale shall be applied first to the expense of holding the sale, second to any indebtedness owed by lessee to lessor and the remainder shall be paid to lessee and shall be received by him as full payment of and for all his rights, title, and interest in and to the leased premises and all improvements thereon. CI�IY OF ICHITA FALL3, TEXAS ATTEM By City -,i-anager City Clerk Lessee Address 6worn to and subscribed before me., this day of A.D. 19 Notary Public in and for "ichita County, Texas