Res 293 4/23/1956AMENDED RESOLUTION
The following Amended Resolution was duly moved
and adopted by the Board of Aldermen of the City of Wichita
Falls on the 4 day of April, A. D. 1956:
WHEREAS, under Resolution Number 283 adopted by
the Board of Aldermen of the City of Wichita Falls relating
to a locomotive donated to the City in cooperation with the
Fort Worth & Denver Railroad Company and the Rotary Club, said
Resolution is amended to read as follows:
WHEREAS, the Wichita Falls Rotary Club undertook to
establish a Park called "Rotary Park" near Faith Village in the
City of Wichita Falls and with the cooperation of the Fort Worth
& Denver Railroad Company, secured a locomotive to be permanently
stationed on said Park, and
WHEREAS, said locomotive is now located on said Rotary
Park and said Rotary Park has been transferred to and is the pro-
perty of the City of Wichita Falls and the said City of Wichita.
Falls has assumed the duty and obligation and the maintenance of
said Park as well as the custody, display and maintenance of said
locomotive.
NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen
of the City of Wichita Falls that said City take over the main-
tenance and operation of the Rotary Park, together with the ex-
hibition of said locomotive stationed in said Park and that said
property be accepted for the use and benefit of the people of the
City of Wichita Falls.
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ORVILLE BULLTNGTON BULLINGTON, HUMPHREY, HUMPHREY 8 FILLMORE
LESLIE HUMPHREY ATTORNEYS AT LAW
JOHTI CL HUMPHREY CITY NA'T'IONAL BUILDING
H.W. FILLMOR.E
LEE HUMPHREY WICHITA FALLS, TEXAS
April 20, 1956
Mr. Walter Friberg
City Attorney
City Auditorium
Wichita Falls, Texas
Dear Mr. Friberg:
I am enclosing you the Amended Resolution, a copy of which
I sent you yesterday, to which is attached the copy of the
contract between the Rotary Club and the Fort Worth & Denver
Railroad Company. This is on the form suggested by the Fort'
Worth & Denver and which is necessary in order to terminate
the surety bond which the Rotary Club executed to the Fort
Worth & Denver Railroad Company. Most all of the conditions
of this contract have been fulfilled.
The locomotive has been placed on the Rotary Park and fenced
and painted. I wish you would examine the same.
It is similar to an Ordinance heretofore passed by the City
and present it to the City Council if you deem it proper
and tell George Henderson,if he passes it to furnish me a"
certified copy of it.
Yours ruly,
,SLIE HUMPHRE
LH /ic
Enc as noted
,r A
Tdic�ita Falls$ TOE .
Memorial. Auditorium Bldg.,
April 23., 1956
The Board of Aldemen. of the City of Wichita Falls$ Texas$ met in regular session
on the above date, at 8s00 o1clack P.H. the Gouncil Rocs of the X eato as Ai ditorium
Bldg,',,' with the follow members present:
K. C, Spell. mayor
Roy C. matt
W r B p (Bill) Red: cbmuth
Jack G. Banaer
Aldermen
Avery atcheil
J, B,, Jarm-bt
Cam. T. Hmdarson
City Clerk
Hx A. thomm ason.
City der
J.s `eater Friberg
City Attorney
- - - - - - - -
Awn rather proceW-jngsO the follmd g was had.*
k oved by ,sideman rtsich auth that Resolution Ho, 293 be and the same is hereby
adopted and passed as read.
mot::con seconded by' Alder Mitchell and carried by the following vote:
yeast Aldermen HyzA-•t' Reichmuth.. Banra.er* Feeley., Mitchell and Jarratt.
Nays: stone.
STATE OF TF S
COUNTY OF UICHITA
I$ Ceti. 'T ; Henderson, City Clerk of the City of Wichita Fa so Tee,, ,hereby
certify that the above and foregoing is a true and coat ,copy of srpt frm the
Minutes of the meet g of the Board of A.ldernm of the City of Wield tai Falls Texas,
held on April, 23, 1956$ as of record on Page No, 3., Minute Book No,;,U "of the City or
Wichi to . Falls Texas,
Witness hared and sea of the City of Wichita Falls, Te .s this 26th day
Of AIDrilo 1956.1
y Clerk p City of, W-ich it' Yallsl T ,
AMENDED RESOLUTION NO. 2
The following Amended Resolution was duly :roved and adopted, by the Board of
Aldermen of the City of Wichita Falls on the 23 day of April,, A.D. 1956:
W *LMFM j under Resolution Number 283 adopted. by the Board of Aldermen of the
City of Wichita, Falls relates to a locomotive donated, to the City in cooperation with
the Fort Worth & Denver Railroad Company and the Rotary Clubp said Resolution. is amended
to read as follows:
wHmAS'. the Wichita Falls Rotary Club undertook to establish a Park called
"Rotary Park" near Faith Village in the City of Wichita Falls and with the cooperation of
the Fort Worth & Denver Railroad Company$ secured a locomotive to be permanently stationed
on said Parko and
WHEREAS* said locomotive is now located on said Rotary Park and said Rotary
Para has been transferred to and is the property of the City of Wichita Falls and the
said City of Washita Falls has assumed the duty and obligation and the maintenance of
said Park as vvrell as the custody, display and maintenance of said locomotive.
NOWA THEREFORE., BE IT RESOLVED by the Board of Alderman of the City of Wichita
Falls that said City take -over the maintenance and operation of the Rotary Park* together
with the exhibition of said locomotive stationed in said Park and that said property be
accepted for the use and benefit of the people of the City of Wichita Falls.
BE IT FURTHER. RESOLVED by the Board of Aldermen of the City of Wichita Falls that
the City, in addition to takhg over the exhibition and maintenance of said locomotive,,
it shall assuzae and does hereby agree to assume the full performance of all the duties,
obligations and covenants imposed on the Rotary Club of Wichita Falls as the same.are set
out and contained in that certain agreement entered into between the Club and the Fort Worth
& Denver Railroad Company* dated March 29th, 1955, a copy of which is attached heaeto for
all purposes,
BE IT FURTHER, RESOLVED that the City of Wichita Falls does hereby extend its rappre fit.
ciataon to both the Wicraita Falls Rotary Club and the Fort Worth & Denver Railroad Company-
for the efforts in this behalf.
PASSED AND APPROVED this the 23 day of April, A. D. 1956.
/s/ X. C. Spells Mayor
ATTEST
/s/ Geo. T. Henddrsonf City Clerk
0
WHEREAS the ROTARY CLUB OF WICHITA FALLSy Wichita Falls., Texas herder.
temed "Rotary Club "$ desires: to: secure from the FORT WORTH AND DENVER RAILWAY `C ANY,
hereinafter termed "Font Worth .Company''13 a steam locomotive for permanent exhibition pur-
poses .in a public park which said Rotary Club is establi hing in the Faith Village Area
of the City of Wi.chitaFalls, Texas, and
WHEREAS the Fort Worth Company has retired steam. locomotive No. 301 which i t is
agreeable to donating to Rotary Club upon the conditions set forth hereinbelow,.
NOW4 THEREFORE., IT IS ACRD
1, Fort Worth Company will deliver said locomotive to Rotary Club at end of
track in the City of WichitaFall.s, Texas commonly known and identified as "White's Auto
Spur"o at which point Foxe Worth Company's responsibility for said locomotive or for the
movement therefrom shall cease and Rotary Club shall.. promptly thereafter transport and
move said locomotive at its own expense from said track. to the location where it is to
by placed on exhibition in'the City of Wichita Falls, Texas, and shall assume all responsi-
bility and liability for injury to or death of the person or damage to or destruction of
the property of ary` person or persons whomsoever in any manner arising after said locomotive
has been delivered to Rotary Club by Fort Worth Company as aforesaid. After delivery at said
Whitets Auto Spur the locomotive shall become the permanent property of Rotary Club,
2, Rotary Club agrees to erect a suitable fence around the locomotive on which
shall be placed a sign specifying that the locomotive is the property of the Rotary Club, .
3. Rotary Club will cause to be constructed and placed just above and close
to the Burlington trademark - a metal sign on which shall appear the fol! ovaing words in :small
letters: "Donated by Fort Worth and Denver Railway Company".. Said sign shall be gelded'or.
riveted to the locomotive,
4, Rotary Club agrees to re- -paint the locomotive wheAwer necessary and keep.E,
it in a presentable condition at all -tunas and to use whatever means are necessary to prey-
vent damage from the elements. Fort Worth Company's trade mark shaU be perpetually r`e
tained- on the ' locomotive and shall be at all times legible.
5. It is Rotary Club =s desire to preserve said locomotive for posterity .anti k�,
Font Worth Company is donating said locomotive -with the understanding that it will be
used for exhibition purposeo only, f
b. Rotary Club agrees to indenmify and save harmless Fort Worth Compare y from
all claims., demands, judgments., suftsy costs and expenses (including attorney§= fees)
for injury to or death of ant person or personal or damage to the property of any person �
or persons whomsoever including the parties hereto and their agents or employees) in a' ny( "
manner arising from or growing out of transporting said locomotive from said 6Vhite ° s Auto �,
Spur, or from the display and maintenance of said locomotive., t��\
Dated at Wichita Falls$. Texas j,, 'this 29th day of Xarohy 1935.
ROTARY CLUB OF WICHITA FALLS
ATTEST:
By /s /Lloyd Taylor, President
Mrs May Doris
Executive Secretary Rotary Club
of Wichita Falls
FORT WORTH & DENVER RAILWAY COMIPANY
;i
By /s/ President
Approved as to form:
' \ Rayutond E.
Shag' Law Dept.
m
STATE OF TEXAS
COUNTY OF WICHITA
T,, Geo. T. Henderson, City Clerk of the City of Wichita Falls, Texas,
hereby certify that the above and foregoing is a true and correct copy of
Resolution. U. 293A passed and approved by the Board of Aldermen of the City
of Wichita Falls, Teas, . oh April 23, 1956, as of record on Page No. 5, Minute
.a
Book No, 15, of the City of Ifichita Falls, Texas.
Witness -my hand and seal of the City of Wichita Falls] Texas, this
30th day of Aprils A. H. 1956.
d ,
'An 24., 1956
I'W* Leglie HuselWay
G .ty National Bask Bldg-*
Dear l4r, Humphrey:
Enclose herm-dth is original copy of Releas a
pron Uity of INdcUta k= 31 &lrboar TS`ucs-a.ng Co. and
Fort -�srth & Denver 'ray "a; to the Rotary Club of IWIJ a dta,
FaI15. ;,L ich is to be completed and returned to this
Uf ftec. ,
Yours truly
Geo. T. Ileilderson',Git7, Glor
a
r
ORVILLE BULLINGTON BULLINGTON, HUMPHREY, HUMPHREY & FILLMORE
LESLIE HUMPHREY ATTORNEYS AT LAW
)OHN CQ HUMPHREY CITY NATIONAL. BUILDING
H.V6° FILLMORE
LEE HUMPHREY WICHITA FALLS, TEXAS
May 21, 1956
Mr. H. A. Thomason
City Manager
City Auditorium
Wichita Falls, Texas
Dear Mr. Thomason:
The Fort Worth & Denver., pursuant to the Resolution
of the Board of Aldermen, desires a release of the
terms of an indemnity policy made by the Rotary Club
of which there has been some correspondence. They
want this release executed in triplicate and I
enclose the forms prepared by the Denver.
If you will have the City execute this release in
triplicate and return it to me, I will secure the
release from the Barbour Trucking Company and then
mail it to the Fort Worth & Denver for their signa-
ture.
Yours t ly,
LIE HUMPHREY
LH /ic
Enc - As noted
c c-- Rotary Club
c c - Col. Floyd Taylor
c c - Horace Robbins