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Min 09/22/1952 (2) 214 Wichita Falls, Texas Memorial Auditorium Building September 22, 1952 The Board of Aldermen of the City of WichitaFaliss, Texas met in regular session on the above date, in the Council Room of the Memorial Auditorium Building, at 8:00 o:clock P.M., with the following members present: Kindel Faulk Mayor Lloyd C. Thomas Francis L. Harvey Dr. E. Aubrey Cox 1 Aldermen Henry D. Mason , Oeo. T. Henderson City Clerk Bill N. Taylor City Manager J. Walter Friberg City Attorney Moved by Alderman Mason that the Minutes of the regular meeting held Sept. 8, 1952, and the called meeting held at 10:00 A.M. Sept. 22nd, be approved. Motion seconded by Alderman Cox and carried. Moved by Alderman Harvey that the Board of Aldermen authorize the issuance of a permit to the Gift Box to hang a wooden sign aver the sidewalk in front of their place of business at 816-8th Street, providing the same is hung in accordance with requirements of the City Engineer. It is expressly understood and agreed that this permit is issued for a period of one year, only, from date hereof, and the City may cause removal of the same at any time from and after a period of one year by giving 30 days notice in writing. Motion seconded by Alderman Thomas and carried. ORDINANCE NO.1628 AN ORDINANCE AMENDING AN ORDINANCE PASSED THE FOURTEENTH DAY OF MAY, 1951, BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, REOUTATING RATES FOR TELEPHONE SERVICE IN SAID CITY. Moved by Alderman Harvey that Ordinance No. 1628 be introduced and that a Public Hearing on the same be set for October 13, 1952, and that due notice of the Public Hearing be run in the Record News paper. Motion seconded by Alderman Cox and carried by the following vote: Yeas: Aldermen Thomas, Harvey, Cox, and Mason. Nays: None. Moved by Alderman Cox that the Board of Aldermen authorize the issuance of a permit to Humble Oil& Refining Co. to install 1-2M and 1-1M gallon underground gasoline storage tanks at Danaher Storage Garage, 618 Scott St., providing the same are located within the building approximately 50 ft. from the rear wall and all installations made in accordance with requirements of the City Engineer. Motion seconded by Alderman Harvey and carried. Moved by Alderman Mason that the Board of Aldermen approve and authorize Geo. Mobley to enter into a contract to rent the Municipal Auditorium to Jack Young, Pee-Wee Stewart and Elmer Lawrence, for the purpose of presenting a Barn Dance Program on Saturday nights, for a period of 20 weeks, beginning October 18, 1952, with the emcep- tion of the Saturday nights that have already been engaged, providing the rent is paid three weeks in advance at all times. Failure to do shall forfeit the contract. Motion seconded by Aldermen Harvey and carried. 215 City Attorney Walter Friberg gave a verbal report to the effect that the Traffic Committee had recommended a speed limit of 40 miles per hour on Kell Blvd. between Holliday St. and Kemp Blvd. The matter was discussed pro and con, where- upon the following motiob was had: Moved by Alderman Mason that a speed limit of 45 miles per hour be set on Kell Blvd., between Holliday St. and Kemp Blvd. Motion seconded by Alderman Harvey and carried. Moved by Alderman Thomas that the Board of Aldermen approve and direct the City Tax Assessor and Collector to waive penalty and interest on Lots 1, 2 and 3 of Block 1, McBride lst, and accept the sum of $199.36 as payment in full for the year 1951, by virtue of an error in the assessed valuation on the above described property for the year 1951. Motion seconded by Alderman Cox and carried. Moved by Alderman Mason that the following named persons be and are hereby appointed to serve on the committees as hereinafter set forth: Executive Committee Stephens,.Marion Greever, B. B. Estes, J.S. Building Code Phillips, Al Electrical Code Plumbing Code Killebrew, James V beschner, John Bunn, Bred Jr. Howle, B.O. 21IndintiorPcitat Widiarxditexi it Ogpdimq[ A$ubelpoillmc[ White, Ed Stephens, O.G. Cantrell, Grady Primer, Geo Ritchie, Claude litttnP McCullough, F. J. duump Eambc Barker Ward MihismF, ibitx Groves, Glennwood F. M. Rugeley and John Ruhmann ex-officio members of each of the above named committees. Motion seconded by Alderman Cox and carried. Moved by Alderman Harvey that the Board of Aldermen approve payment to the Wichita General Hospital the Burnet $6578.71 for charity patients for the month of August, and direct the City Clerk to draw a warrant for the same upon like pay- ment by Wichita County. Motion seconded by Alderman Cox and carried. RESOLUTION NO. 221 WHEREAS, the City National Bank in WichitaFalls, Texas, Depository of the City of Wichita Falls, Texas, has deposited in trust with the First National Bank in Dallas the sum of $1,800,000.00 in U. S. Treasury Bonds, as security for the account of the City of Wichita Falls, Texas, as evidenced by the First National Bank in Dallas Certificate Nos. 43534i, 45262, and 38611, hereinafter set forth: Certificate No. 43534, dated 5-1-51, U.S. 2 1/4% Treasury Bonds; Series 1956-59, due 9-15-59, Nos. 91:2/950 ® 100M ea $900,000.00 Certificate No. 38611, dated 2-26-49, U.S. 2% Treasury Bonds; Series 1952-54, due 12-15-54, Nos. 11030/41036, ®lOOM ea 700,000.00 Certificate No. 45262, dated 1/30/52, U.S. 2% Treasury Bonds, Series 1952-54, due 12-15-51s, Nos. 41130/41331 AA 100K ea 200,000.00 Total $ 1,800,000.00 AND WHEREAS, the City National Bank in Wichita Falls, Texas, has re- quested release of the above described Treasury Bonds; and WHEREAS, the City National Bank in Wichita Falls agrees to substitute in lieu thereof $1,000,000.00 U. S. Treasury 1 1/2% Notes due April 1, 1957, and $500,000.00 U. S. Treasury 1 1/2% Notes due March 15, 1955, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 216 The City Treasurer and the City Clerk of the City of Wichita Falls, Texas, acceptas security for the City of Wichita Falls $1,000,000.00 U.S. Treasury 1 1 notes due April 1, 1957, and $500,000.00 U. S. Treasury 1 1/2% Notes due March 15, 1955, and surrender the above described Treasury Bonds aggregating the sum of $1,800,000.00, now on deposit in the First National Bank in Dallas. Moved by Alderman Harvey that Resolution No. 221 be adopted and passed as read. Motion seconded by Alderman Cox and carried by the following votes Yeas: Aldermen Thomas, Harvey, Cox and Mason. Nays: None. RESOLUTION NO. 222 WHEREAS, in the Dedication of Faith Village, Unit Two,Ian easement for Utility purposes was reserved between Lots 11 and 12, in Block 46, which easement provided for a 10-foot strip off of each lot, making an easement of a total width of 20 feet; and WHEREAS, the owners of Lots 10 and 11 have dedicated a similar 20 foot easement between Lots 10 and 11 of Block 46, Faith Village Unit Two, an addition to the City of Wichita Falls, Texas, to be used in lien of the garbage easement between Lots 11 and 12; NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Wichita Falls, that the easement as provided in the Flat and Dedication of Faith Village, Unit Two, between Lots 11 and 12 of Block 46, Of Faith Village Unit Two, be reduced so that such easement hereafter shall cover a 5-foot strip off of each lot and that the total width of such easement shall be only 10 feet. Moved by Alderman Thomas that Resolution No. 222 be adopted and passed as read. Motion seconded by Alderman Cox and carried by the following vote: Yeas: Aldermen Thomas, Harvey, Cox and Mason. Nays: None. RESOLUTION NO. 223 A RESOLLUTION DETERMINING THE ADVISABILITY OF LEASING FOR OIL AND GAS CERTAIN LAMS OWNED BY THE CITY AND SITUATED IN ARCHER COUNTY, TEXAS, MORE PAR- TICULARLY DESSCRIBED HEREIN, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE 'NOTICE OF INTENTION TO LEASE SUCH LANDS, AND APIROVINC A FORM OF LEASE AND FIXING A TIME AND PLACE TO BE SET OUT IN SAID NOTICE AT WHICH BIDS SUBMITTED FOR THE LEASING OF SAID LANDS, OR ANY PORTION THEREOF, WILL BE RECEIVED AND CONSIDERED. WHEREAS, the City of Wichita Falls, Texas, is the owner in fee simple of the lands described in Section 1 of this Resolution, and it has been determined that it is advisable to make a lease upon said lands upon terms, conditions and covenants as eet out in the form of oil and gas lease attached hereto, and the procedure out- lined in this resolution is necessary in order to comply with the applicable laws of the State of Texas for the leasing of said lands: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That the Board of Aldermen of the City of Wichita Falls has determined that it is advisable to make a lease for the purpose of exploring, drill- ing, mining.and operating for oil and gas and of laying pipe lines and of building tanks, power stations and structures thereon, to produce, save and take care of said products, on all or a part of that certain property belonging in fee simple to the City of Wichita Falls, Texas, and described as follows: Situated in Archer County, Texas and being out of the following described lands acquired by the City of Wichita Falls under the following deeds, to.owit: MK 217 gul A. Out of the B. H. Mordecai Survey, Pat. 67, Vol. 8, Abet. 290, and ' being a part of 840 acres described in a deed from Viola Runt, indtviduafy and as independent executrix of the estate of E.W. Hunt deceased, dated December 8, 1944, recorded in Volume 198, page 267 of the Deed Records of Archer County, Texas. B. Out of the S. A. &M. G. Survey, Abet. 447, the R. Carson Survey No. 174, Abet. 108, and the R. Carson Survey 173, Abet. 107, and being a part of 857.7 acres described as Tract No. 1 and 70.2 acres described as Tract No. 2 in a deed from Mrs J. H. Tutheville dated January 6, 1945, recorded in Vol. 198, page 391 of the Deed Records of Archer County, Texas. C. 50.7 acres out of the B. P. Cochran et al Surveys more particularly described in a deed from L. T. Burns dated November 20, 1944, recorded in Vol. 198, page 392 of the Deed Records of Archer County, Texas. D. 51.1 acres out of the T. P. Martin Survey, Abet. 739 more particularly described in a deed from H. M. McCarty dated September 6, 19�45, recorded in Vol. 202, page 320 of the Deed Records of Archer County, Texas. E. 189.7 acres out of the 0. W. Dugan Survey, Abet. 1193, more particularlV described in a deed from•Martha Julia Dugan et al dated March 25, 1945, recorded in Vol. 199, page 216 of the Deed Records of Archer County, Texas. F. A part of the Juana Hensley Survey, Abet. 1096, more particularly described in a deed from Fain&McGaha and the Athens Natural Gas Company dated September 1$, 1944, recorded in Vol. 199, page 256 of the Deed Records of Archer County, Texas, more particularly described by metes and bounds, as follows: li Beginning at the most northern point where the fence surrounding the Kickapoo Lake reservoir of the City of Wichita Falls touches the Fast line of the B. E. Mordecai Survey, Abet. 290; Thence South with said fence and the East line of the Mordecai Survey, passing the Southeast corner of the Mordecai Survey to a corner of fence; p, Thence in an Easterly direction with fence across the S.A. & M.G. Survey, Abet. 447, to corner of fence; Thence in a Southerly direction across the S.A.&M.GSurvey, Abet. 447, and'the R. Carson Survey 174, to a corner of fence; Thence in a Southeasterly direction across the R. Carson Survey 174, and the R. Carson Survey 173 to corner of fence;. Thence in a Southerly direction across the R. Carson Survey 173 to a corner of fence; Thence in a Southwesterly direction with fence crossing the line between the R. Carson Survey 173 and 174 and the B. P. Cochran Survey 26 to a corner of fence; Thence in a Southerly direction with fence across the B. P. Cochran Survey to a corner of fence which is at the Southeast corner of the tract conveyed by H. M. McCarty to the City of Wichita Falls as above set forth; Thence in a Westerly direction with fence to the East line of the T. P. Martin Survey, Abet. 739, corner of fancy; Thence with fence and the East line of the T. P. Martin Survey in a Southerly direction to a corner of fence; d• Thence with the meanders of fence in a Westerly, Southwesterly, Northerly and Westerly direction to a point where said fence crosses the West line of the G. W. Dugan Survey Abet. 1193; Thence in a Northerly direction with the West line of the G.W. Dugan Survey to the high water line of Lake Kickapoo, the same being the contour line of the elevation of 1045 feet above sea level; Thence following the meanders of said contour line in directions which in general will'be the reverse of the directions run by the fence line in the calls heretofore set out and crossing the said G.W. Dugan, J. Hensley, T. P. Martin, B. P. Cochran, R. Carson. Survey 174, R. Carson Survey 173, S.A.&M.G. and B.E.Mordecai Surveys to a point where the said contour line crosses the East line of the B. E.Mordecai Survey; 218 Thence South with the East line of the B. E. Mordecai Survey to the place of beginning, containing 2)7.63 acres of land, more or less. SECTION 2. That the City Clerk be, and he is hereby directed to give notice of intention of this Board to lease such lands describing the same by a publication of such notice in some newspaper published in Wichita County, Texas, having a general circulation therein, once a week for a period of three (3) consecutive weeks, designa- ting the time and place after such publication, where this Board will receive and consider bids for such oil and gas lease or leases as this Board may determine to make, being the time and place hereinafter designated. Such notice shall state that any such lease is to be made upon the terms and conditions set out in the form of oil and gas lease, a copy of which is attached to this resolution and that such form of lease is on file in the Office of the City Clerk, Room 2O3 of the Memorial Auditorium of the City of Wichita Falls, Texas, for inspection of all parties interested in bidding upon the same. SECTION 3. That the Board hereby designates the 13th day of October, 1952, at 8 o'clock P.M., in the Board Room of the Board of Aldermen, in the Memorial Auditorium in the City of WichitaFalls, Wichita County, Texas, as the time and place at which the Board will receive and consider bids for an oil and gas lease or leases upon all or a portion of said property. SECTION 4. That any lease to be made under this Resolution shall be upon the terms, covenants and conditions contained in the form of oil and gas lease attached to this resolution, and said form is hereby adopted as a part of this resolution for all purposes. SECTION 5. This Board reserves the right to reject all bids made at the time and place above specified if, in the judgment of the Board, the bids submitted do not represent the fair value of such leases, and the Notice to be published by the City Secretary as hereinabove set forth shall so state. Moved by Alderman Harvey that Resolution No. 223 be adopted and passed as read. Motion seconded by Alderman Mason and carried by the following vote: Yeas: Aldermen Thome, Harvey, Cox and Mason. Naysz None. Moved by Alderman Thomas that the Board of Aldermen authorise payment of $500.00 each to members of the City Tax Equalization Board for services rendered for the year 1952. Motion seconded by Alderman Harvey and carried. Moved by Alderman Mason that the meeting be adjourned. Motion seconded by Alderman Harvey and carried. The Board of Aldermen then,adjourneedd. APPROVED this the day of , 1952. ATTEST: